CC_RDA 2022-09-13 Agenda Package_vs1CITY COUNCIL/SUCCESSOR AGENCY
TO THE DISSOLVED ARROYO GRANDE
REDEVELOPMENT AGENCY MEETING
AGENDA SUMMARY
Tuesday, September 13, 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:
https://us02web.zoom.us/j/83255848846
Please click the link above to join the Zoom Meeting:
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/Successor Agency 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
LATINO OUTREACH COUNCIL
5.AGENDA REVIEW
5.a.Closed Session Announcements
None.
5.b.Ordinances read in title only
Move that all ordinances presented at the meeting shall be read by title only and all further
readings be waived.
6.SPECIAL PRESENTATIONS
6.a.Update Regarding Countywide COVID-19 Efforts
(McDONALD)
Recommended Action:
Receive update, accept public comments, discuss, and provide direction as necessary.
6.b.City Manager Communications
(McDONALD)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide
direction, as necessary.
6.c.Honorary Proclamation Recognizing September 15-October 15, 2022 as "National Hispanic
Heritage Month"
6.d.Introduction of Police Commander Culver
(MARTINEZ)
6.e.Update on Active Shooter Drill
(MARTINEZ)
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/Successor Agency Board. 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/Board Members from taking formal action on matters not
published on the agenda. In response to your comments, the Mayor/Chair or presiding Council
Member/Board Member may:
• Direct City staff to assist or coordinate with you.
• A Council/Board Member may state a desire to meet with you.
• It may be the desire of the Council/Board to place your issue or matter on a future Council agenda.
Please adhere to the following procedures when addressing the Council/Board:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Council/Board as a whole and not directed to individual
Council/Board members.
• Slanderous, profane or personal remarks against any Council/Board 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/Successor Agency Board
Member may request that any item be withdrawn from the Consent Agenda to permit discussion or
change the recommended course of action. The City Council/Successor Agency Board may approve
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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 August 1 through August
15, 2022.
8.b.Consideration of Statement of Investment Deposits
(VALENTINE)
Recommended Action:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande
as of July 31, 2022, as required by Government Code Section 53646(b).
8.c.Consideration of Adoption of Resolution Approving the Last and Final Recognized
Obligation Payment Schedule for the Successor Agency to the Arroyo Grande
Redevelopment Agency
(VALENTINE)
Recommended Action:
Adopt the Resolution approving the Last and Final Recognized Obligation Payment
Schedule (L&F ROPS), covering the period from July 1, 2023 to June 30, 2038, and
authorize the Administrative Services Director to present the L&F ROPS to the County
Oversight Board for review and approval.
8.d.Consideration of Approval of Minutes
(MATSON)
Recommended Action:
Approve the minutes of the Regular City Council Meeting of August 23, 2022, as submitted.
8.e.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.f.Consideration of Cancellation of November 8, 2022 City Council Meeting
(McDONALD)
Recommended Action:
Cancel the regularly scheduled Council meeting of November 8, 2022.
8.g.Consideration of Authorizing the City Attorney to Amend the Affordable Housing Agreement
for 252 S. Courtland Street
(PEDROTTI)
Recommended Action:
Authorize the City Attorney to amend the Agreement allowing the property owner to sell the
subject property to an eligible, moderate income household.
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8.h.Consideration of a Resolution Approving a Grant Agreement from the Office of Traffic
Safety for Traffic Records Improvement and Approval of the Purchase of the Crossroads
Traffic Collision Reporting and Electronic Citation Systems
(MARTINEZ)
Recommended Action:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the
California Office of Traffic Safety (OTS) to purchase a new traffic collision reporting and
electronic citation system, 2) Approve a Budget Amendment Request for FY 2022-23 in the
amount of $109,000 to account for the OTS grant revenue and the expenditures for the new
reporting and citation systems, and 3) Approve the sole source purchase of the Crossroads
traffic collision reporting and electronic citation software programs.
8.i.Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety
for Traffic/DUI Enforcement
(MARTINEZ)
Recommended Action:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the
California Office of Traffic Safety (OTS) to help address ongoing traffic safety concerns and
appropriate the funding for the activities; and 2) Approve a Budget Amendment Request for
FY 2022-23 in the amount of $58,000 to account for the additional revenue and
expenditures related to the grant.
8.j.Consider Adoption of a Resolution Pursuant to Public Contract Code (PCC) Section 20168
and Authorizing Contracting Without a Competitive Solicitation for Bids Pursuant to PCC
Section 22050 for FCFA Station 1 Emergency Generator Replacement
(ROBESON)
Recommended Action:
1) Adopt a Resolution finding that an emergency exists within the City related to the
replacement of the emergency generator at the Five Cities Fire Authority Fire Station 1 and
authorizing contracting without a competitive solicitation for bids; and 2) Authorize the City
Manager, or designee, to execute a contract with a qualified contractor for construction of
the project.
8.k.Consideration of Acceptance of the 2021 Street Repairs Project, PW 2021-01
(ROBESON)
Recommended Action:
1) Accept the project improvements as constructed by Ferravanti Grading & Paving in
accordance with the plans and specifications for the 2021 Street Repairs Project, PW 2021-
01; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-
five (35) days after the Notice of Completion has been recorded, if no liens have been filed.
8.l.Consideration of Resolution Authorizing Refund of Planning Commission Appeal Fees to
the Appellants of Vacation Rental Permits Approved for 263-D Spruce Street and 1170
Linda Drive
(PEDROTTI)
Recommended Action:
Adopt a Resolution approving a refund of the Planning Commission appeal fees to the
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appellants of the vacation rental permits approved for 263-D Spruce Street and 1170 Linda
Drive.
8.m.Consideration of a Grant Agreement with Smart Share Housing Solutions for Public
Outreach, Education, and Project Management to Facilitate Development of Accessory
Dwelling Units in Arroyo Grande
(PEDROTTI)
Recommended Action:
Review the proposal from SSHS and authorize the City Manager to execute an Agreement
between the City and SSHS for public outreach, education, and project management and
demonstration to facilitate the development of ADUs in the City.
9.PUBLIC HEARINGS
9.a.Discuss and Consider Introduction of Ordinance Amending Title 16 of Arroyo Grande
Municipal Code Regarding Accessory Dwelling Units; Development Code Amendment 20-
001 and Consideration of a Fee Waiver Program for Certain Accessory Dwelling Units
(PEDROTTI)
Recommended Action:
Introduce the Ordinance amending the regulations for accessory dwelling units and provide
feedback about the details of the proposed fee waiver program.
9.b.Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development Code
Amendment 22-002
(PEDROTTI)
Recommended Action:
Introduce an Ordinance amending Title 16 of the AGMC regarding short term rentals.
10.OLD BUSINESS
None.
11.NEW BUSINESS
11.a.Discussion of Draft Ordinance Addressing Tiny Homes on Wheels
(PEDROTTI)
Recommended Action:
Review the proposed Tiny Homes on Wheels Ordinance, receive public comment, and
provide direction to staff regarding the development of the Ordinance.
12.COUNCIL COMMUNICATIONS
Any Council/Board 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/Board
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/Board Member.
13.CLOSED SESSION
None.
14.ADJOURNMENT
Page 5 of 257
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the City Council/Successor Agency Board Members 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/Successor Agency Meetings are cablecast live and videotaped for replay on Arroyo
Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-
span.org.
Page 6 of 257
Item 6.c. - Page 1Page 7 of 257
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: September 13, 2022
SUMMARY OF ACTION:
Review and ratify cash disbursements.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $1,619,889.16 fiscal impact that includes the following items:
Accounts Payable Checks $1,173,728.10
Payroll & Benefit Checks $446,161.06
RECOMMENDATION:
Ratify the attached listing of cash disbursements for the period of August 1 through
August 15, 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 Polici es 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
and FY 2022-23 budgets.
Page 8 of 257
Item 8.a.
City Council
Consideration of Cash Disbursement Ratification
September 13, 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. August 1 – August 15, 2022 – Accounts Payable Check Register
2. August 12, 2022 – Payroll and Benefit Check Register
Page 9 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 08/01/2022 294710 $ 50.00 FILING FEE-NOE 2022 PEDESTRIAN 010.4002.5201 SLO COUNTY CLERK-RECORDER2 08/05/2022 294711 8,573.72 FY22/23 STORMWATER SOFTWARE LICENSE 010.4301.5303 2NDNATURE, LLC3 08/05/2022 294712 900.00 08/07 SOUND PRODUCTION SUMMER CONCERT 010.4421.5504 ADEPT EVENTS LLC4 08/05/2022 294713 140.00 CITY HALL HEATER-TROUBLESHOOT 010.4213.5303 ALPINE REFRIGERATION5 08/05/2022 294714 126.06 MISC OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES6 08/05/2022 294714 517.19 STANDING DESK 640.4710.5201 AMAZON CAPITAL SERVICES7 08/05/2022 294715 18,613.75 QTR 4 FY21/22 ANIMAL SERVICES CONTRACT 010.4201.5321 ANIMAL SERVICES8 08/05/2022 294716 28.41 BAN#9391033183 010.4201.5403 AT&T9 08/05/2022 294716 242.01 BAN#9391033184 010.4201.5403 AT&T10 08/05/2022 294716 62.26 BAN#9391033187 010.4201.5403 AT&T11 08/05/2022 294716 31.68 BAN#9391033183 010.4201.5403 AT&T12 08/05/2022 294716 239.45 BAN#9391033184 010.4201.5403 AT&T13 08/05/2022 294716 67.81 BAN#9391033187 010.4201.5403 AT&T14 08/05/2022 294716 24.28 BAN#9391033186 010.4145.5403 AT&T15 08/05/2022 294716 46.88 BAN#9391033181 640.4710.5403 AT&T16 08/05/2022 294717 126.68 08/22 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC17 08/05/2022 294718 145.00 UST INSPECTION-CITY YARD 010.4305.5303 B & T SVC STN CONTRACTORS, INC18 08/05/2022 294719 553.85 PD-4606-MAINT & REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE19 08/05/2022 294720 40.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH20 08/05/2022 294720 20.00 CAR WASH B-409 010.4212.5601 BOB'S EXPRESS WASH21 08/05/2022 294720 30.00 CAR WASH PW-8 010.4301.5601 BOB'S EXPRESS WASH22 08/05/2022 294720 10.00 CAR WASH PW-23 010.4305.5601 BOB'S EXPRESS WASH23 08/05/2022 294720 12.00 CAR WASH PW-69 220.4303.5601 BOB'S EXPRESS WASH24 08/05/2022 294720 12.00 CAR WASH PW-14 612.4610.5601 BOB'S EXPRESS WASH25 08/05/2022 294720 45.00 CAR WASH PW-60, PW-10, PW-44 640.4712.5601 BOB'S EXPRESS WASH26 08/05/2022 294720 364.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH27 08/05/2022 294720 140.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH28 08/05/2022 294721 77.58 PATROL BUSINESS CARDS PEINADO 010.4203.5255 BOONE PRINTING & GRAPHICS INC29 08/05/2022 294721 77.58 PATROL BUSINESS CARDS RAMIREZ 010.4203.5255 BOONE PRINTING & GRAPHICS INC30 08/05/2022 294722 126.00 PEST CONTROL: CITY HALL 010.4213.5303 BREZDEN PEST CONTROL, INC31 08/05/2022 294723 66.00 PRE-EMPLOYMENT LIVESCAN-PD 010.4204.5329 CA ST DEPT OF JUSTICE32 08/05/2022 294724 199.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS33 08/05/2022 294724 53.37 ACCT#8245100960221923 PW TV 010.4307.5303 CHARTER COMMUNICATIONS34 08/05/2022 294725 108.00 07/22 CLOGGING CLASS 010.4424.5351 KATHLEEN J CINOWALT35 08/05/2022 294726 149.00 REFUND SOCCER CAMP 010.0000.4605 JAMES COLOMBO36 08/05/2022 294727 50.21 PLANS/SPECS PED CROSSINGS 350.5607.7301 CRISP IMAGING37 08/05/2022 294728 257.60 07/22 SENIOR FITNESS 010.4424.5351 GAYLE CUDDY38 08/05/2022 294729 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 EMILY CUTRELL39 08/05/2022 294730 400.00 06/22 NETBILL MONTHLY MAINTENANCE 640.4710.5303 DATAPROSE LLCPage 10 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name40 08/05/2022 294730 $ 484.68 06/22 NETBILL CC TRANSACTIONS 640.4710.5555 DATAPROSE LLC41 08/05/2022 294730 1,587.84 06/22 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC42 08/05/2022 294730 121.17 06/22 NETBILL CC TRANSACTIONS 612.4610.5555 DATAPROSE LLC43 08/05/2022 294731 338.46 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS44 08/05/2022 294732 912.00 ROLLER SKATING SUMMER SESSION 010.4424.5351 DOOMSDAY SKATE LLC45 08/05/2022 294733 298.00 REFUND SOCCER CAMP-$149 X 2 010.0000.4605 ROSALIE EICHERMUELLER46 08/05/2022 294734 87.68 SOTO IRRIGATION PARTS 010.4430.5605 FARM SUPPLY CO47 08/05/2022 294735 149.00 REFUND SOCCER CAMP 010.0000.4605 TUDIE FINK48 08/05/2022 294736 595.00 07/22 BRIDGE GAMES & CLASSES 010.4424.5351 FIVE CITIES DUPLICATE BRIDGE49 08/05/2022 294737 25.25 (6) KEYS , BOLT SNAP 010.4420.5605 FRANK'S LOCK & KEY50 08/05/2022 294738 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SARAH GARRISON51 08/05/2022 294739 2,423.75 HALCYON COMPLETE STREETS 010.4130.5303 GHD INC52 08/05/2022 294739 9,275.00 ATP CYCLE 6 010.4301.5303 GHD INC53 08/05/2022 294739 6,962.50 AMENDMENT 1A (GIS SERVICES) 010.4301.5303 GHD INC54 08/05/2022 294740 500.00 08/07/22 SUMMER CONCERT SERIES 010.4421.5504 DANIEL J GRASSESCHI55 08/05/2022 294741 86.08 PORTABLE TOILET RENTAL-06/29-7/26 220.4303.5552 HARVEY'S HONEY HUTS56 08/05/2022 294742 165.24 08/22 AETNA RESOURCES EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR57 08/05/2022 294742 41.31 08/22 AETNA RESOURCES EAP-FCFA 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR58 08/05/2022 294743 373.76 WELL OIL- 25 GALLONS 640.4711.5603 JB DEWAR, INC59 08/05/2022 294743 254.95 FUEL 010.4203.5608 JB DEWAR, INC60 08/05/2022 294743 158.07 FUEL 010.4203.5608 JB DEWAR, INC61 08/05/2022 294743 243.10 FUEL 010.4203.5608 JB DEWAR, INC62 08/05/2022 294744 117.50 RE-WIRE LIGHTS AT GAZEBO-DUSK TO DAWN 010.4213.5303 JD ELECTRIC63 08/05/2022 294745 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KIM LEWIS64 08/05/2022 294746 200.00 WASHING MACHINE REBATE 226.4306.5554 LIN LIN65 08/05/2022 294747 56.25 FACILITY USAGE-PAULDING ROLLER RINK 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST66 08/05/2022 294747 157.50 06/17 CIM FIELD TRIP-PISMO PRESERVE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST67 08/05/2022 294747 114.25 06/22 CIM FIELD TRIP AGHS POOL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST68 08/05/2022 294747 370.75 06/23 CIM FIELD TRIP ATAS. ZOO 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST69 08/05/2022 294747 83.00 06/28 CIM FIELD TRIP RANCHO GRANDE PARK 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST70 08/05/2022 294747 105.00 06/22 ROOM USE FEE-OV 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST71 08/05/2022 294748 149.00 REFUND SOCCER CAMP 010.0000.4605 JENNY MCCARROLL72 08/05/2022 294749 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 TAMARA MCDONNELL73 08/05/2022 294750 298.00 REFUND SOCCER CAMP- $149 X 2 010.0000.4605 JAIME MCMILLAN74 08/05/2022 294751 290.00 REFUND ART CAMP - $145 X 2 010.0000.4605 LESLIE MEHIGAN75 08/05/2022 294752 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KRISTA MILLER76 08/05/2022 294753 12.48 BLDG MAINT-SCRAPER, CABLETIES 010.4201.5604 MINER'S ACE HARDWARE, INC77 08/05/2022 294753 19.37 PW59-CLIP SPRING, 17" BAR 010.4420.5601 MINER'S ACE HARDWARE, INC78 08/05/2022 294753 23.69 PROPANE TANK EXCHANGE 220.4303.5613 MINER'S ACE HARDWARE, INCPage 11 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name79 08/05/2022 294753 $ 107.63 (3) TREE & SHRUB PROTECT & FEED 010.4420.5605 MINER'S ACE HARDWARE, INC80 08/05/2022 294753 65.67 (4) SPRAYPAINT, PICKUP TOOL 010.4420.5605 MINER'S ACE HARDWARE, INC81 08/05/2022 294753 20.46 WORK GLOVES 220.4303.5255 MINER'S ACE HARDWARE, INC82 08/05/2022 294753 87.27 FORRESTRY HELMET SYSTEM 220.4303.5255 MINER'S ACE HARDWARE, INC83 08/05/2022 294753 29.70 HACKSAW, WIRE BRUSH, METAL CUT 010.4420.5605 MINER'S ACE HARDWARE, INC84 08/05/2022 294753 20.46 BLDG MAINT- DEADBOLT 010.4201.5604 MINER'S ACE HARDWARE, INC85 08/05/2022 294753 21.09 BLDG MAINT-GOOF OFF, SCRAPER 010.4201.5604 MINER'S ACE HARDWARE, INC86 08/05/2022 294753 6.30 BLDG MAINT-FASTENERS 010.4201.5604 MINER'S ACE HARDWARE, INC87 08/05/2022 294753 9.18 BLDG MAINT-FASTENERS 010.4201.5604 MINER'S ACE HARDWARE, INC88 08/05/2022 294753 21.50 BLDG MAINT-KEYS 010.4201.5604 MINER'S ACE HARDWARE, INC89 08/05/2022 294753 93.69 GLOVES, BRUSHES, POCKET KNIFE 640.4712.5255 MINER'S ACE HARDWARE, INC90 08/05/2022 294753 56.01 (2) GRAIN SCOOPS 010.4213.5604 MINER'S ACE HARDWARE, INC91 08/05/2022 294753 7.52 MONOFILMENT LINE, CAULK 010.4213.5604 MINER'S ACE HARDWARE, INC92 08/05/2022 294753 37.67 CAULK, PRIMER, WOOD FINISH 010.4213.5604 MINER'S ACE HARDWARE, INC93 08/05/2022 294753 15.07 RESTROOM SIGN 010.4213.5604 MINER'S ACE HARDWARE, INC94 08/05/2022 294754 84.97 PD-4609 MAINTENANCE 010.4203.5601 MULLAHEY FORD95 08/05/2022 294754 100.00 PD-4609 REPAIR 010.4203.5601 MULLAHEY FORD96 08/05/2022 294754 154.90 PD FLEET-STOCK AIR FILTERS 010.4203.5601 MULLAHEY FORD97 08/05/2022 294755 185.60 07/22 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON98 08/05/2022 294756 1,260.42 PW-68 R&R RADIO & ARROW BOARD 640.4712.6201 NICK'S TELECOM (DBA)99 08/05/2022 294757 11.73 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC100 08/05/2022 294757 10.70 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC101 08/05/2022 294757 45.90 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC102 08/05/2022 294758 69.03 COPIER MAINT AGREEMENT 010.4204.5602 OFFICE1103 08/05/2022 294759 400.00 06/22 SOTO GOPHER CONTROL 010.4420.5303 PACIFIC GOPHER CONTROL104 08/05/2022 294760 119.95 08/22 WIFI SVC HUBNER SITE 010.4201.5403 PEAKWIFI LLC105 08/05/2022 294761 1,200.00 PET PICK-UP WICKETS 010.4420.5605 PET PICK-UPS106 08/05/2022 294761 192.71 FREIGHT 010.4420.5605 PET PICK-UPS107 08/05/2022 294762 200.00 06/22 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP108 08/05/2022 294763 251.63 POSTAGE MACHINE LEASE 010.4204.5602 PITNEY BOWES, INC109 08/05/2022 294764 5,332.60 LEGO CAMPS-SUMMER SESSION 1 & 2 010.4424.5351 PLAY-WELL TEKNOLOGIES110 08/05/2022 294765 10,086.61 TRAFFIC WAY BRIDGE REPLACEMENT 350.5679.7501 QUINCY ENGINEERING INC111 08/05/2022 294766 88.20 UNIFORMS-ADMIN 010.4201.5272 R & T EMBROIDERY, INC112 08/05/2022 294766 45.90 SWEATSHIRT & LOGO -K BROOKS 640.4712.5255 R & T EMBROIDERY, INC113 08/05/2022 294767 60.86 UNIFORMS-NAME BARS 010.4203.5272 RANGE MASTER114 08/05/2022 294768 50.00 REIMBURSE FOR FACEBOOK ADS 7/22-7/24 010.4421.5504 KELLY REYNOLDS115 08/05/2022 294768 34.99 REIMBURSE-FACEBOOK ADS 07/23-07/31 010.4421.5504 KELLY REYNOLDS116 08/05/2022 294769 15.00 06/22 REVERSE OSMOSIS RENTAL-PD 010.4201.5303 RICHETTI COMPLETE WATER117 08/05/2022 294770 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 ELLIOT RIFORGIATEPage 12 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name118 08/05/2022 294771 $ 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 VANESSA RODRIGUEZ119 08/05/2022 294772 149.00 REFUND-SOCCER CAMP 010.0000.4605 MICHELE ROWE120 08/05/2022 294773 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KATIE SCHULTZ121 08/05/2022 294774 260.97 (2) 2.5 GALL HERBICIDE 220.4303.5613 SITEONE LANDSCAPE SUPPLY LLC122 08/05/2022 294774 161.24 (6) NO SPILL GAS CANS 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC123 08/05/2022 294775 285.00 06/22 PARKING CITATION REV DIST 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER124 08/05/2022 294776 220,430.50 FY21/22 DISPATCH SERVICES CONTRACT 010.4201.5303 SLO COUNTY SHERIFF'S DEPT125 08/05/2022 294777 16.80 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS126 08/05/2022 294777 16.76 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS127 08/05/2022 294777 19.91 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS128 08/05/2022 294777 17.77 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS129 08/05/2022 294778 750.00 FACILITY USE: QUILTERS, KNITTERS 010.4424.5251 ST JOHN'S LUTHERAN CHURCH130 08/05/2022 294779 149.00 REFUND SOCCER CAMP 010.0000.4605 BREANA STACHURA131 08/05/2022 294780 2,498.40 PATROL EQUIPMENT - MOTORS UPFITTING 010.4203.5601 STALKER RADAR132 08/05/2022 294780 22.50 FREIGHT 010.4203.5601 STALKER RADAR133 08/05/2022 294780 193.63 SALES TAX 010.4203.5601 STALKER RADAR134 08/05/2022 294781 298.00 REFUND SOCCER CAMP- $149 X 2 010.0000.4605 NORA STONE135 08/05/2022 294782 280.00 UNIFORMS-RAMIREZ 010.4203.5272 TEMPLETON UNIFORMS136 08/05/2022 294782 106.52 UNIFORMS-EASTER 010.4203.5272 TEMPLETON UNIFORMS137 08/05/2022 294782 390.12 UNIFORMS-PEINADO 010.4203.5272 TEMPLETON UNIFORMS138 08/05/2022 294783 40.80 CC PUBLIC NOTICE YEAR END CITY FINANCIALS 010.4002.5301 THE MCCLATCHY COMPANY LLC139 08/05/2022 294783 54.40 CC ORDINANCE SUMMARY SB9 010.4002.5301 THE MCCLATCHY COMPANY LLC140 08/05/2022 294783 62.90 CC ORDINANCE SUMMARY-SALES TAX 010.4002.5301 THE MCCLATCHY COMPANY LLC141 08/05/2022 294783 54.40 CC PH-SOLID WASTE RATE INCREASE 010.4002.5301 THE MCCLATCHY COMPANY LLC142 08/05/2022 294783 59.50 CC ORDINANCE SUMMARY TRANS USE TAX 010.4002.5301 THE MCCLATCHY COMPANY LLC143 08/05/2022 294783 122.40 CC RESOLUTION 5184 LLD TRACT1769 217.4460.5355 THE MCCLATCHY COMPANY LLC144 08/05/2022 294783 130.90 CC RESOLUTION 5182 LLD PARKSIDE 219.4460.5304 THE MCCLATCHY COMPANY LLC145 08/05/2022 294783 129.20 CC RESOLUTION 5183 LLD GRACE LANE 216.4460.5303 THE MCCLATCHY COMPANY LLC146 08/05/2022 294784 112.61 STREET SIGN LETTERS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS147 08/05/2022 294785 75.00 06/22 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK148 08/05/2022 294785 75.00 05/22 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK149 08/05/2022 294786 50.00 REFUND PARK DEPOSIT-STROTHER 010.0000.2206 KATHY TYREE150 08/05/2022 294786 58.00 REFUND PARK RENTAL-STROTHER 010.0000.4354 KATHY TYREE151 08/05/2022 294787 79.57 07/22 COPIER CONTRACT 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)152 08/05/2022 294788 144.36 REIMB FENCE REPAIR COSTS - DAMAGED BY CITY TREE 010.4420.5605 DIANA VAN WINKLE153 08/05/2022 294789 78.80 06/22 DOCUMENT SHREDDING SERVICE 010.4201.5303 VITAL RECORDS CONTROL154 08/05/2022 294790 244.50 WALLACE STORMWATER MGMT 010.4301.5303 WALLACE GROUP A CALIF CORP155 08/05/2022 294790 297.75 MANAGEMENT OF FOG PROGRAM 612.4610.5303 WALLACE GROUP A CALIF CORP156 08/05/2022 294790 1,310.98 MANAGEMENT OF FOG PROGRAM 612.4610.5303 WALLACE GROUP A CALIF CORPPage 13 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name157 08/05/2022 294791 $ 1,769.66 NCMA STAFF EXTENSION SERVICES 640.4710.5303 WATER SYSTEMS CONSULTING INC158 08/05/2022 294792 590.00 PLUMBING RETROFIT-168 S ELM 226.4306.5303 WATERBOYS PLUMBING159 08/05/2022 294793 564.59 COPY MACHINE LEASE PAYMENT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL160 08/05/2022 294794 311.03 (4) 15 GALL PISTACIA 010.4420.5308 WEST COVINA NURSERIES161 08/05/2022 294795 3,370.00 CASH FOR GRASS- 3370 SQ FT 226.4306.5554 MARTIN WINDMAN162 08/05/2022 294796 95.00 USED OIL PICKUP SERVICE 010.4305.5303 WORLD OIL ENVIROMENTAL SVCS163 08/05/2022 294797 1,355.90 SOCCER-SUMMER BREAK CAMP SESSION 010.4424.5351 YOUTH EVOLUTION BASKETBALL164 08/05/2022 294798 187.41 UB Refund Cst #00024386 640.0000.2301 CAMERON CALI165 08/05/2022 294799 130.98 UB Refund Cst #00026682 640.0000.2301 DELANEY DRAGOMANOVICH166 08/05/2022 294800 184.53 UB Refund Cst #00019142 640.0000.2301 ELTAHRY ELGHANDOUR167 08/05/2022 294801 72.20 UB Refund Cst #00026733 640.0000.2301 AMBER SELLINGER168 08/05/2022 294802 8,551.02 08/22 DENTAL INSURANCE 011.0000.2110 DELTA DENTAL169 08/05/2022 294802 2,500.77 08/22 DENTAL INSURANCE RETIREE 010.4099.5132 DELTA DENTAL170 08/05/2022 294803 4,020.00 PORAC MED INSURANCE 011.0000.2109 PERS - ACTIVE MED171 08/05/2022 294803 882.18 PPO PERS PLATINUM - SEIU 011.0000.2109 PERS - ACTIVE MED172 08/05/2022 294803 8,111.40 PPO PERS GOLD - MANAGEMENT 011.0000.2109 PERS - ACTIVE MED173 08/05/2022 294803 10,041.84 PPO PERS GOLD - POLICE 011.0000.2109 PERS - ACTIVE MED174 08/05/2022 294803 13,871.68 PPO PERS GOLD - SEIU 011.0000.2109 PERS - ACTIVE MED175 08/05/2022 294803 742.70 BLUE SHIELD TRIO HMO - MGMT 011.0000.2109 PERS - ACTIVE MED176 08/05/2022 294803 2,673.72 BLUE SHIELD TRIO HMO - POLICE 011.0000.2109 PERS - ACTIVE MED177 08/05/2022 294803 3,862.04 BLUE SHIELD TRIO HMO - SEIU 011.0000.2109 PERS - ACTIVE MED178 08/05/2022 294803 13,176.56 HMO-UNITED HEALTHCARE-MGMT 011.0000.2109 PERS - ACTIVE MED179 08/05/2022 294803 11,161.34 HMO UNITED HEALTHCARE-POLICE 011.0000.2109 PERS - ACTIVE MED180 08/05/2022 294803 17,982.14 HMO UNITED HEALTHCARE-SEIU 011.0000.2109 PERS - ACTIVE MED181 08/05/2022 294803 9,146.08 HMO UNITED HEALTHCARE-FIRE 011.0000.2109 PERS - ACTIVE MED182 08/05/2022 294803 2,293.68 PERS PLATINUM-FIRE MANAGEMENT 011.0000.2109 PERS - ACTIVE MED183 08/05/2022 294803 4,058.04 PPO PERS PLATINUM - FIRE 011.0000.2109 PERS - ACTIVE MED184 08/05/2022 294803 8,816.76 PPO PERS GOLD - FIRE 011.0000.2109 PERS - ACTIVE MED185 08/05/2022 294803 6,045.72 HMO-UNITED HEALTH FIRE-MGMT 011.0000.2109 PERS - ACTIVE MED186 08/05/2022 294803 318.80 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED187 08/05/2022 294803 98.24 ACTIVE HEALTH ADMIN FEE-FCFA 010.0000.1111 PERS - ACTIVE MED188 08/05/2022 294803 6,788.17 RETIREE HEALTH INS 010.4099.5136 PERS - ACTIVE MED189 08/05/2022 294803 602.76 RETIREE HEALTH INS-FCFA 010.0000.1111 PERS - ACTIVE MED190 08/05/2022 294803 752.74 RETIREE HEALTH INS 220.4303.5136 PERS - ACTIVE MED191 08/05/2022 294803 (0.48) ROUNDING DIFFERENCE 011.0000.2109 PERS - ACTIVE MED192 08/05/2022 294804 3,190.79 ACTIVE HEALTH INS-PT NONPERS 011.0000.2109 PERS - ACTIVE MED193 08/05/2022 294804 10.53 ACTIVE HEALTH ADMIN FEE-PT NON 010.4145.5131 PERS - ACTIVE MED194 08/05/2022 294805 970.80 STANDARD INSURANCE COMPANY 011.0000.2113 STANDARD INSURANCE CO195 08/05/2022 294805 543.19 STANDARD INSURANCE COMPANY 011.0000.2113 STANDARD INSURANCE COPage 14 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name196 08/05/2022 294805 $ 23.50 STANDARD LIFE TAXABLE DEDUCT 011.0000.2113 STANDARD INSURANCE CO197 08/05/2022 294805 1,657.50 STANDARD LTD/STD INSURANCE 011.0000.2113 STANDARD INSURANCE CO198 08/05/2022 294805 35.72 ADJUSTMENTS 011.0000.2113 STANDARD INSURANCE CO199 08/05/2022 294806 2,180.32 08/22 VISION CARE INSURANCE 011.0000.2119 VISION SERVICE PLAN200 08/05/2022 294806 645.62 08/22 VISION CARE INSURANCE-RETIREE 010.4099.5133 VISION SERVICE PLAN201 08/05/2022 294807 19,777.95 06/22 PROF LEGAL SVCS 010.4003.5304 CARMEL & NACCASHA, LLP202 08/05/2022 294807 916.50 06/22 LITIGATON & RELATED MATTERS 010.4003.5327 CARMEL & NACCASHA, LLP203 08/05/2022 294808 256,350.98 06/22 SEWER SVC COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST204 08/05/2022 294808 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST205 08/05/2022 294808 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST206 08/05/2022 294808 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST207 08/05/2022 294808 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST208 08/05/2022 294808 8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST209 08/05/2022 294808 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST210 08/05/2022 294808 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST211 08/05/2022 294808 8.81 CITY ACCT-203 N RENA 010.4145.5401 SOUTH SLO COUNTY SANIT DIST212 08/05/2022 294808 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST213 08/05/2022 294808 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST214 08/05/2022 294808 8.81 CITY ACCT- 127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST215 08/05/2022 294808 8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST216 08/05/2022 294809 16,887.63 05/22 TMD REMITTANCE 761.0000.2007 VISIT SLO CAL217 08/05/2022 294809 (337.75) 05/22 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL218 08/08/2022 294810 4,017.83 FALL 2022 ACTIVITY GUIDE POSTAGE 010.4421.5504 US POSTMASTER219 08/12/2022 294811 900.00 08/14 SOUND PRODUCTION-SUMMER CONCERT 010.4421.5504 ADEPT EVENTS LLC220 08/12/2022 294811 900.00 08/21 SOUND PRODUCTION-SUMMER CONCERT 010.4421.5504 ADEPT EVENTS LLC221 08/12/2022 294812 667.50 07/22 CABLECASTING 010.4002.5330 AGP VIDEO, INC222 08/12/2022 294812 750.00 07/22 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC223 08/12/2022 294813 587.23 REPLACEMENT WATER FILTERS 010.4213.5604 AMAZON CAPITAL SERVICES224 08/12/2022 294813 149.34 SHOE SCRAPER 010.4420.5605 AMAZON CAPITAL SERVICES225 08/12/2022 294813 472.10 BLUE TRASH BAGS 220.4303.5613 AMAZON CAPITAL SERVICES226 08/12/2022 294813 38.78 WALL CLOCK-COUNCIL CHAMBERS 010.4213.5604 AMAZON CAPITAL SERVICES227 08/12/2022 294813 46.32 SOTO-SWEATSHIRT FOR DARYL 010.4430.5255 AMAZON CAPITAL SERVICES228 08/12/2022 294813 123.85 CELL PHONE HOLDERS FOR VEHICLES 220.4303.5255 AMAZON CAPITAL SERVICES229 08/12/2022 294813 252.00 SAFETY VESTS (4) 220.4303.5255 AMAZON CAPITAL SERVICES230 08/12/2022 294813 188.64 TOILET PAPER 010.4420.5605 AMAZON CAPITAL SERVICES231 08/12/2022 294813 77.80 EARPLUGS 220.4303.5255 AMAZON CAPITAL SERVICES232 08/12/2022 294813 173.47 TRASH CAN LIDS 010.4420.5605 AMAZON CAPITAL SERVICES233 08/12/2022 294813 289.85 DEWALT BATTERIES 220.4303.5613 AMAZON CAPITAL SERVICES234 08/12/2022 294813 17.22 CELL PHONE SCREEN PROTECTOR 010.4420.5255 AMAZON CAPITAL SERVICESPage 15 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name235 08/12/2022 294813 $ 66.20 HAND SANITIZER 010.4420.5255 AMAZON CAPITAL SERVICES236 08/12/2022 294813 59.23 STRAW HATS 010.4420.5605 AMAZON CAPITAL SERVICES237 08/12/2022 294813 8.61 CELL PHONE SCREEN PROTECTOR 220.4303.5255 AMAZON CAPITAL SERVICES238 08/12/2022 294813 70.58 EAR PLUGS 010.4420.5605 AMAZON CAPITAL SERVICES239 08/12/2022 294814 1,567.45 PURCHASE WATER METERS FOR FY 2022/23 640.4712.5207 AQUA-METRIC SALES CO(DBA)240 08/12/2022 294814 1,970.31 PURCHASE WATER METERS FOR FY 2022/23 640.4712.5207 AQUA-METRIC SALES CO(DBA)241 08/12/2022 294815 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES242 08/12/2022 294815 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES243 08/12/2022 294815 53.47 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES244 08/12/2022 294815 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES245 08/12/2022 294815 3.50 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES246 08/12/2022 294815 14.01 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES247 08/12/2022 294815 19.94 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES248 08/12/2022 294815 10.44 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES249 08/12/2022 294815 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES250 08/12/2022 294815 190.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES251 08/12/2022 294815 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES252 08/12/2022 294815 13.97 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES253 08/12/2022 294815 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES254 08/12/2022 294815 3.50 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES255 08/12/2022 294815 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES256 08/12/2022 294815 20.51 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES257 08/12/2022 294815 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES258 08/12/2022 294815 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES259 08/12/2022 294815 93.97 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES260 08/12/2022 294815 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES261 08/12/2022 294815 3.50 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES262 08/12/2022 294815 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES263 08/12/2022 294815 57.60 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES264 08/12/2022 294815 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES265 08/12/2022 294815 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES266 08/12/2022 294815 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES267 08/12/2022 294815 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES268 08/12/2022 294815 20.79 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES269 08/12/2022 294815 7.68 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES270 08/12/2022 294815 3.50 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES271 08/12/2022 294815 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES272 08/12/2022 294815 22.49 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES273 08/12/2022 294815 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICESPage 16 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name274 08/12/2022 294815 $ 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES275 08/12/2022 294815 47.54 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES276 08/12/2022 294815 9.18 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES277 08/12/2022 294815 15.25 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES278 08/12/2022 294815 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES279 08/12/2022 294815 23.99 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES280 08/12/2022 294815 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES281 08/12/2022 294815 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES282 08/12/2022 294816 9.80 PARKS DEPT MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES283 08/12/2022 294817 24.28 BAN#9391033180 010.4145.5403 AT&T284 08/12/2022 294818 145.00 REFUND ART CAMP 010.0000.4605 TIFFANY BAKER285 08/12/2022 294819 735.00 REFUND-PLOT PLAN REVIEW APP 010.0000.4510 VERONICA BENAVIDEZ286 08/12/2022 294820 300.00 ACT SHOOTER INSTRUCT TRAINING, POST PER DIEM 010.4203.5501 REGGIE BIO287 08/12/2022 294821 2,769.29 CANDIDATE MAILER 010.4102.5255 BOONE PRINTING & GRAPHICS INC288 08/12/2022 294821 831.85 UTILITY ENVELOPES 010.4102.5255 BOONE PRINTING & GRAPHICS INC289 08/12/2022 294822 41.99 (2) SHOVELS, SPRAY PAINT 010.4420.5605 BRISCO MILL & LUMBER YARD290 08/12/2022 294822 50.10 LETTERS, BLADES, TAPE, SPRAY CAN 010.4420.5605 BRISCO MILL & LUMBER YARD291 08/12/2022 294822 114.36 CHAIN, TRASH CAN LID, STENCIL, 010.4420.5605 BRISCO MILL & LUMBER YARD292 08/12/2022 294822 119.57 CELL PHONE MOUNTS 640.4712.5255 BRISCO MILL & LUMBER YARD293 08/12/2022 294822 14.00 CEMENT TOOL 640.4712.5273 BRISCO MILL & LUMBER YARD294 08/12/2022 294822 16.46 JB WELD, GLUE 220.4303.5613 BRISCO MILL & LUMBER YARD295 08/12/2022 294822 17.23 PHONE MAGNET 220.4303.5613 BRISCO MILL & LUMBER YARD296 08/12/2022 294822 49.45 WIRE NUTS, PAINT MARKER, ELECTRICAL TAPE 640.5946.7001 BRISCO MILL & LUMBER YARD297 08/12/2022 294822 25.18 PAINT BRUSHES 640.4712.5255 BRISCO MILL & LUMBER YARD298 08/12/2022 294823 67.69 WORK ORDER FORM PRINTING 612.4610.5306 BURDINE PRINTING (DBA)299 08/12/2022 294824 19.09 (2) 1X4 LUMBER 220.4303.5613 BURKE AND PACE OF AG, INC300 08/12/2022 294824 71.07 FENCE SUPPLIES-JASMINE PL REPAIR 640.4712.5604 BURKE AND PACE OF AG, INC301 08/12/2022 294825 50.00 PARK DEPOSIT REFUND 010.0000.2206 ANDRES CADERA302 08/12/2022 294826 145.00 REFUND-ART CAMP 010.0000.4605 CHRISTY CALLAGHAN303 08/12/2022 294827 2,800.00 GASB-68 REPORTS & SCHEDULES 010.4120.5303 CALPERS304 08/12/2022 294828 756.46 ACCT#8245100960211791 REC TV & DARK 010.4145.5401 CHARTER COMMUNICATIONS305 08/12/2022 294828 1,349.00 ACCT#8245100960302509 IT BROADBAND 010.4140.5303 CHARTER COMMUNICATIONS306 08/12/2022 294829 281.25 CITY WEBSITE USER TRAINING 010.4002.5501 CIVICPLUS307 08/12/2022 294829 93.75 CITY WEBSITE USER TRAINING 010.4120.5501 CIVICPLUS308 08/12/2022 294829 187.50 CITY WEBSITE USER TRAINING 010.4301.5501 CIVICPLUS309 08/12/2022 294829 93.75 CITY WEBSITE USER TRAINING 010.4307.5501 CIVICPLUS310 08/12/2022 294829 93.75 CITY WEBSITE USER TRAINING 010.4421.5303 CIVICPLUS311 08/12/2022 294830 282.00 07/22 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF312 08/12/2022 294831 889.02 PW1 -REPLACE ALTERNATOR 220.4303.5603 COASTLINE EQUIPMENT(DBA)Page 17 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name313 08/12/2022 294832 $ 50.00 REFUND PARK DEPOSIT-ELM ST 010.0000.2206 SARAH CORDOVA314 08/12/2022 294832 40.00 REFUND-PARK GRASS AREA 010.0000.4353 SARAH CORDOVA315 08/12/2022 294832 103.00 REFUND PARK RENTAL -ELM ST 010.0000.4354 SARAH CORDOVA316 08/12/2022 294833 145.00 REFUND ART CAMP 010.0000.4605 CHRISTINA CULVER317 08/12/2022 294834 1,341.68 07/22 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC318 08/12/2022 294834 400.00 07/22 NETBILL MONTHLY MAINT 640.4710.5303 DATAPROSE LLC319 08/12/2022 294834 458.36 07/22 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC320 08/12/2022 294834 114.59 07/22 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC321 08/12/2022 294835 50.00 REFUND PICKLEBALL CLINIC 010.0000.4605 SUSAN DAVIN322 08/12/2022 294836 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC323 08/12/2022 294837 100.00 REFUND PARK DEPOSIT-RANCHO GRANDE 010.0000.2206 TINA ELLA324 08/12/2022 294838 300.00 ACT SHOOTER INSTRUCT TRAINING, POST PER DIEM 010.4203.5501 ANTHONY ESTRADA325 08/12/2022 294839 27.05 DRIP EMITTERS 010.4420.5605 FARM SUPPLY CO326 08/12/2022 294840 500.00 PRELIMINARY TITLE REPORT 010.4301.5303 FIRST AMERICAN TITLE CO327 08/12/2022 294841 153.00 REFUND PARK RENTAL & DEPOSIT-ELM STREET 010.0000.4354 FIRST UNITED METHODIST328 08/12/2022 294842 250.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 PAT GOETZ329 08/12/2022 294843 16,423.20 FY22/23 NEOGOV ANNUAL SUBSCRIPTION-PERFORM 010.4110.5303 GOVERNMENTJOBS.COM INC330 08/12/2022 294843 5,628.39 FY22/23 NEOGOV ANNUAL SUBSCRIPTION-INSIGHT 010.4110.5303 GOVERNMENTJOBS.COM INC331 08/12/2022 294844 420.10 SHOP VAC 640.4712.5610 GRAINGER, INC332 08/12/2022 294845 72.19 RETIREMENT PLAQUE-CUZICK 010.4101.5504 GRAND AWARDS, INC333 08/12/2022 294846 121.80 PW CORP YARD SEWER BILL 612.0000.4751 CITY OF GROVER BEACH334 08/12/2022 294847 4,060.00 JR SCIENCE CAMPS 07/25-07/28 010.4424.5351 NICHOLE GUIDOTTI335 08/12/2022 294848 500.00 08/14/22 SUMMER CONCERT SERIES 010.4421.5504 CHET HOGOBOOM336 08/12/2022 294849 512.82 15W40 OIL, CLEANER, DEGREASER 220.4303.5601 JB DEWAR, INC337 08/12/2022 294850 790.00 INSTALL NEW LED LIGHTS-HERITAGE SQUARE 010.4213.5303 JD ELECTRIC338 08/12/2022 294851 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MARISELA JOHNSON339 08/12/2022 294852 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 GABRIELA KULLMAN340 08/12/2022 294853 224.00 ADULT BASKETBALL SCORER- 16 GA 010.4424.5352 JHADE LA PAZ341 08/12/2022 294854 764.39 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC342 08/12/2022 294854 764.39 SHORETEL PHONE CHRGS-PD 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC343 08/12/2022 294855 915.00 06/22 FACILITY USE-OCC ADULT BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST344 08/12/2022 294856 2,076.00 05/22 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI345 08/12/2022 294856 1,096.64 07/22 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI346 08/12/2022 294857 1,000.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 ELSA MEDINA347 08/12/2022 294858 91.59 1 CU YD POTTING SOIL 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS348 08/12/2022 294858 91.59 1 CU YD POTTING SOIL 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS349 08/12/2022 294858 253.21 1 CU YD 5 SACK CONCRETE 220.4303.5613 MIER BROS LANDSCAPE PRODUCTS350 08/12/2022 294858 269.38 CONCRETE FOR SUNSET/ASH 640.5946.7001 MIER BROS LANDSCAPE PRODUCTS351 08/12/2022 294858 129.30 CONCRETE FOR SUNSET/ASH 640.5946.7001 MIER BROS LANDSCAPE PRODUCTSPage 18 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name352 08/12/2022 294859 $ 5,600.00 SCIENCE IN MOTION CAMPS 8/1-8/5 010.4424.5351 MINDS IN MOTION OF NJ LLC353 08/12/2022 294860 7.53 BLEACH 640.4712.5274 MINER'S ACE HARDWARE, INC354 08/12/2022 294860 15.49 SOCKET ADAPTER, HEX BIT 010.4430.5273 MINER'S ACE HARDWARE, INC355 08/12/2022 294861 486.36 STRING TRIMMER, GLOVES 220.4303.5273 NOBLE SAW, INC356 08/12/2022 294861 217.43 TRIMMER LINE, EDGER BLADES, CHAIN 010.4420.5605 NOBLE SAW, INC357 08/12/2022 294861 89.48 CHAIN ADJUSTER, REPAIR CHAINSAW 010.4420.5603 NOBLE SAW, INC358 08/12/2022 294861 56.72 TRIMMER REPAIR 010.4420.5603 NOBLE SAW, INC359 08/12/2022 294861 172.94 TRIMMER REPAIR 220.4303.5603 NOBLE SAW, INC360 08/12/2022 294862 75.00 LIFT STN #7 TRANSFORMER ORDER 612.4610.5610 NVIRO361 08/12/2022 294863 219.81 COPY PAPER 010.4201.5201 ODP BUSINESS SOLUTIONS LLC362 08/12/2022 294863 10.76 OFFICE SUPPLIES 010.4120.5201 ODP BUSINESS SOLUTIONS LLC363 08/12/2022 294864 1,523.06 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO364 08/12/2022 294864 8,291.62 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO365 08/12/2022 294864 5,217.69 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO366 08/12/2022 294864 2,636.33 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO367 08/12/2022 294864 10,273.74 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO368 08/12/2022 294864 13.77 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO369 08/12/2022 294864 16,795.31 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO370 08/12/2022 294865 300.00 07/22 K RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA371 08/12/2022 294866 567.57 POSTAGE MACHINE LEASE FEE 010.4102.5602 PITNEY BOWES, INC372 08/12/2022 294867 3,510.00 LEGO CAMPS, SUMMER SESSION 3 010.4424.5351 PLAY-WELL TEKNOLOGIES373 08/12/2022 294868 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MELISSA QUAKE374 08/12/2022 294869 484.37 08/22 GRACE LN LANDSCAPE MAINT 216.4460.5304 RAINSCAPE375 08/12/2022 294869 1,201.41 08/22 PARKSIDE LANDSCAPE MAINT 219.4460.5304 RAINSCAPE376 08/12/2022 294870 1,100.00 08/21/22 SUMMER CONCERT SERIES 010.4421.5504 REBECCA ROUDMAN377 08/12/2022 294871 30.00 ADULT SOFTBALL SCORER- 2 GAMES 010.4424.5352 MAIA SANCHEZ378 08/12/2022 294872 285.00 ADULT SOFTBALL SCORER-15 GAMES 010.4424.5352 MARTINA SARMIENTO379 08/12/2022 294873 50.00 FILING FEE-NOTICE OF EXEMPTION 010.4002.5201 SLO COUNTY CLERK-RECORDER380 08/12/2022 294874 3,500.00 08/22 TBID ADMIN FEE 240.4150.5303 SOUTH COUNTY CHAMBERS381 08/12/2022 294875 108.05 DUMPSTERS -PW 3 YD RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC382 08/12/2022 294875 216.06 DUMPSTERS -RANCHO GRANDE PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC383 08/12/2022 294875 331.90 DUMPSTERS -FCFA 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC384 08/12/2022 294875 216.06 DUMPSTERS -STROTHER 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC385 08/12/2022 294875 133.73 CITY HALL TRASH SVC 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC386 08/12/2022 294875 169.83 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC387 08/12/2022 294876 2.94 WELL#7 BRASS PLUG 640.4711.5603 STREATOR PIPE & SUPPLY388 08/12/2022 294876 183.38 LAVATORY FAUCET 010.4213.5604 STREATOR PIPE & SUPPLY389 08/12/2022 294876 85.01 REPLACEMENT SINK FOR SHORT ST 010.4213.5604 STREATOR PIPE & SUPPLY390 08/12/2022 294877 52.95 ACCT#090058901 BUSINESS TV 300 010.4145.5401 TIME WARNER CABLEPage 19 of 257
CITY OF ARROYO GRANDECHECK LISTINGAUGUST 1 - AUGUST 15, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name391 08/12/2022 294878 $ 242.75 CONCRETE RUBBLE & SAND 640.5946.7001 TROESH RECYCLING, INC392 08/12/2022 294879 9,994.54 07/22 TBID ONLINE MARKETING, SOCIAL MEDIA 240.4150.5301 VERDIN MARKETING INK393 08/12/2022 294880 68.07 ACCT#808089883-00003 CIM CELL 010.4425.5255 VERIZON WIRELESS394 08/12/2022 294881 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 ERLINDA VIERRA395 08/12/2022 294882 357.50 SOTO MENS ROOM-CLEARED DRAIN 010.4213.5303 WATERBOYS PLUMBING396 08/12/2022 294883 45.00 REFUND PARK RENTAL STROTHER 010.0000.4354 GWEN WATKINS397 08/12/2022 294883 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 GWEN WATKINS398 08/12/2022 294883 58.00 PARK RENTAL REFUND-STROTHER 010.0000.4354 GWEN WATKINS399 08/12/2022 294884 75.00 ADULT SOFTBALL SCORER- 5 GAMES 010.4424.5352 SHIRLEY WILLMOTT400 08/12/2022 294885 30.09 REFUND-PARK DEPOSIT 010.0000.4605 TROY WOLVERTON401 08/12/2022 294885 19.91 REFUND PARK DEPOSIT 010.0000.2206 TROY WOLVERTON402 08/12/2022 294886 84.68 UB Refund Cst #00024072 640.0000.2301 MELISSA MELLO403 08/12/2022 294887 251.22 UB Refund Cst #00005444 640.0000.2301 LISA MURDOCH404 08/12/2022 294888 67.42 UB Refund Cst #00027128 640.0000.2301 HEATHER YAEGAR405 08/12/2022 294889 57,617.73 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE406 08/12/2022 294889 58,684.30 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE407 08/12/2022 294889 14,647.22 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE408 08/12/2022 294890 2,660.73 CASDI 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT409 08/12/2022 294890 23,026.61 STATE WITHHOLDING 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT410 08/12/2022 294891 565.60 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT411 08/12/2022 294892 3,651.87 DEFERRED COMPENSATION - EE % 011.0000.2117 ICMA RETIREMENT CORP412 08/12/2022 294892 25,845.83 DEFERRED COMPENSATION - EE 011.0000.2117 ICMA RETIREMENT CORP413 08/12/2022 294892 841.66 DEFERRED COMPENSATION - ER 011.0000.2117 ICMA RETIREMENT CORP414 08/12/2022 294892 275.00 ROTH - AFTER TAX 011.0000.2117 ICMA RETIREMENT CORP415 08/12/2022 294893 35,094.42 PERS RETIREMENT 011.0000.2106 PERS - RETIREMENT416 08/12/2022 294893 46,012.48 PERS RETIREMENT 011.0000.2106 PERS - RETIREMENT417 08/12/2022 294893 117.11 PERS BUYBACK - AFTER TAX 011.0000.2106 PERS - RETIREMENT418 08/12/2022 294893 1,286.42 PERS Employer Pick Up 011.0000.2106 PERS - RETIREMENT419 08/12/2022 294893 259.69 PERS BUYBACK - PRE TAX 011.0000.2106 PERS - RETIREMENT420 08/12/2022 294893 (0.05) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT421 08/12/2022 294894 1,928.39 PARS 011.0000.2107 US BANK OF CALIFORNIA $ 1,173,728.10 Page 20 of 257
ATTACHMENT 2
.
General Fund 385,754.19 5101 Salaries Full time 217,585.07
Streets Fund 16,047.05 5101 Volunteer Employee Retirement -
American Rescue Plan Act 11,404.23 5102 Salaries Part-Time - PPT 5,679.56
Sewer Fund 9,597.47 5103 Salaries Part-Time - TPT 17,677.40
Water Fund 23,358.12 5105 Salaries OverTime 11,003.72
446,161.06 5106 Salaries Strike Team OT -
5107 Salaries Standby 1,646.90
5108 Holiday Pay 8,820.31
5109 Sick Pay 16,101.30
5110 Annual Leave Buyback -
Administrative Services - 5111 Vacation Buyback -
Information Services - 5112 Sick Leave Buyback -
Community Development - 5113 Vacation Pay 18,538.76
Police 10,254.74 5114 Comp Pay 2,949.12
Public Works - Maintenance 271.22 5115 Annual Leave Pay 4,471.71
Public Works - Enterprise 477.76 5116 Salaries - Police FTO 490.96
Recreation - Administration - 5121 PERS Retirement 30,404.82
Recreation - Special Events - 5122 Social Security 23,851.24
Children In Motion - 5123 PARS Retirement 374.29
11,003.72 5126 State Disability Ins. 1,120.92
5127 Deferred Compensation 716.66
5131 Health Insurance 50,027.08
5132 Dental Insurance 3,549.88
5133 Vision Insurance 863.19
5134 Life Insurance 345.06
5135 Long Term Disability 539.60
5137 Leave Payouts 27,264.41
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 837.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 81.60
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,070.00
446,161.06
OVERTIME BY DEPARTMENT:
Total FCFA payroll cost for this period is $218,715.29. 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
07/22/2022 - 08/04/2022
8/12/2022
BY FUND BY ACCOUNT
Page 21 of 257
ATTACHMENT 2
FUND 010 295,256.30 90,497.89
FUND 220 11,141.45 4,905.60
FUND 260 11,404.23 -
FUND 612 6,447.49 3,149.98
FUND 640 16,601.51 6,756.61
340,850.98 105,310.08
Page 22 of 257
Item 8.b.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director
BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Statement of Investment Deposits
DATE: September 13, 2022
SUMMARY OF ACTION:
Presentation of the City’s investment deposits as of July 31, 2022.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no funding impact to the City related to these reports. However, the City does
receive interest revenue based on the interest rate of the investments. No or minimal
future staff time is projected.
RECOMMENDATION:
Receive and file the attached report listing investment deposits of the City of Arroyo
Grande as of July 31, 2022, as required by Government Code Section 53646(b).
BACKGROUND:
The Administrative Services department has historically submitted to the City Council a
monthly report, providing the following information:
1. Type of investment.
2. Financial institution (bank, savings and loan, broker, etc).
3. Date of maturity.
4. Principal amount.
5. Rate of interest.
6. Current market value for all securities having a maturity of more than 12 months.
7. Relationship of the monthly report to the annual statement of investment policy.
Page 23 of 257
Item 8.b.
City Council
Consideration of Statement of Investment Deposits
September 13, 2022
Page 2
ANALYSIS OF ISSUES:
This report represents the City’s investments as of July 31, 2022. It includes all
investments managed by the City, the investment institution, investment type, book value,
maturity date, and rate of interest. As of July 31, 2022, the investment portfolio was in
compliance with all State laws and the City’s investment policy.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation to receive and file the attached report listing the
investment deposits;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
ADVANTAGES:
Safety of principal is the foremost objective of the City. Investments are undertaken in a
manner that seeks to ensure the preservation of capital in the overall portfolio.
DISADVANTAGES:
Some level of risk is present in any investment transaction. Losses could be incurred due
to market price changes, technical cash flow complications such as the need to withdraw
a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To
minimize such risks, diversifications of the investment portfolio by institution and by
investment instruments are being used as much as is practical and prudent.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Portfolio Summary: July 31, 2022
Page 24 of 257
ATTACHMENT 1City of Arroyo Grande300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio ManagementPortfolio SummaryJuly 31, 2022Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioLocal Agency Investment Fund15,134,227.23$ 15,134,227.23$ 1.090%48.729%Certificates of DepositPacific Premier Bank 249,000.00 249,000.00 0.200% February 21, 2022 12 mos February 21, 2023 0.802%Sallie Mae Bank 247,000.00 247,000.00 1.900% October 3, 2019 36 mos October 3, 2022 0.795%Eaglebank Bethesda Maryland 249,000.00 249,000.00 1.850% October 4, 2019 36 mos October 4, 2022 0.802%Goldman Sachs Bank USA 247,000.00 247,000.00 1.850% October 24, 2019 36 mos October 24, 2022 0.795%1st Security Bank Washington 249,000.00 249,000.00 1.700% October 4, 2019 42 mos April 4, 2023 0.802%Morgan Stanley Private Bank 247,000.00 247,000.00 2.250% July 11, 2019 45 mos July 11, 2023 0.795%Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 0.802%BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 0.802%Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 0.795%Beal Bk Plano TX 247,000.00 247,000.00 1.350% March 26, 2022 36 mos March 26, 2025 0.795%Beal Bk Las Vegas NV 247,000.00 247,000.00 1.250% March 26, 2022 36 mos March 26, 2025 0.795%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 0.789%American Express National Bank 246,000.00 246,000.00 3.100% May 25, 2022 36 mos May 25, 2025 0.792%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 0.802%Live Oak Bank 249,000.00 249,000.00 3.150% May 25, 2022 48 mos May 26, 2026 0.802%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.802%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.799%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.802%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.799%Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.792%Total Certificates of Deposit4,956,000.00 4,956,000.00 15.957%Agency BondsFederal Farm Credit Bank 2,500,000.00 2,457,767.50 1.600% November 1, 2019 48 mos November 1, 2023 8.050%Federal Farm Credit Bank 1,999,314.00 1,910,878.00 0.350% December 4, 2020 42 mos May 16, 2024 6.437%Federal Home Loan Bank 499,252.43 501,358.20 1.000% July 19, 2022 29 mos December 20, 2024 1.608%Federal Farm Credit Bank 998,431.00 938,532.00 0.430% March 17, 2021 48 mos March 3, 2025 3.215%Federal Natl Mortgage Assn 1,000,000.00 927,945.00 0.500% October 20, 2020 60 mos October 20, 2025 3.220%Federal Home Loan Bank 999,500.00 922,909.00 0.800% March 17, 2021 60 mos March 10, 2026 3.218%Federal Home Loan Bank 994,396.00 972,833.00 2.400% March 17, 2021 72 mos March 29, 2027 3.202%Federal Home Loan Bank 500,000.00 495,717.50 3.375% May 17, 2022 60 mos May 17, 2027 1.610%Total Agency Bonds9,490,893.43 9,127,940.20 30.559%Page 25 of 257
ATTACHMENT 1City of Arroyo Grande300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio ManagementPortfolio SummaryJuly 31, 2022Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioMunicipal BondsCalifornia State GO Various Purp Bond 491,810.00 489,525.00 3.100% May 12, 2022 47 mos April 1, 2026 1.584%Total Municipal Bonds491,810.00 489,525.00 1.584%Treasury ObligationsU.S. Treasury Z-2026 Series 984,728.00 926,484.00 1.100% December 6, 2021 53 mos May 31, 2026 3.171%Total Treasury Obligations984,728.00 926,484.00 3.171%TOTAL INVESTMENTS31,057,658.66$ 30,634,176.43$ 100.000%Page 26 of 257
Item 8.c.
MEMORANDUM
TO: Board of Directors of the Successor Agency to the Dissolved Arroyo
Grande Redevelopment Agency
FROM: Nicole Valentine, Administrative Services Director
SUBJECT: Consideration of Adoption of Resolution Approving the Last and Final
Recognized Obligation Payment Schedule for the Successor Agency
to the Arroyo Grande Redevelopment Agency
DATE: September 13, 2022
SUMMARY OF ACTION:
Adoption of the Resolution approving the Last and Final Recognized Obligation Payment
Schedule (L&F ROPS) will cover the period from July 1, 2023 to June 30, 2038, and
authorize the Administrative Services Director to present the L&F ROPS to the County
Oversight Board for review and approval. The L&F ROPS will reduce the administrative
burden on the Successor Agency and eliminate the need for Oversight Board meetings
to approve the ROPS in future years.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Adoption of the Resolution, subject to timely approval by Department of Finance (DOF),
will authorize the Successor Agency to the City of Arroyo Grande to receive
Redevelopment Property Tax Trust Fund (RPTTF) payments for all Successor Agency
obligations for each remaining fiscal year on a bi-annual basis until all approved
enforceable obligations have been fully paid.
RECOMMENDATION:
Adopt the Resolution approving the Last and Final Recognized Obligation Payment
Schedule (L&F ROPS), covering the period from July 1, 2023 to June 30, 2038, and
authorize the Administrative Services Director to present the L&F ROPS to the County
Oversight Board for review and approval.
BACKGROUND:
The Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency must
submit a Recognized Obligation Payment Schedule (ROPS) to the County Oversight
Board for approval prior to submission to the California State Department of Finance
(DOF). The ROPS sets forth the minimum payment amounts and due dates of payments
required by enforceable obligations for each fiscal year. Following the State’s dissolution
Page 27 of 257
Item 8.c.
City Council
Consideration of Adoption of Resolution Approving the Last and Final Recognized
Obligation Payment Schedule for the Successor Agency to the Arroyo Grande
Redevelopment Agency
September 13, 2022
Page 2
of redevelopment agencies in 2012, the ROPS approval process was done on a semi-
annual basis and changed to an annual basis as of fiscal year 2015-16.
After all agency obligations as set forth on the ROPS have been accepted as enforceable
obligations by DOF, a successor agency is permitted to submit a Last and Final (L&F)
ROPS, covering all periods until all obligations are retired. Upon approval by DOF, the
L&F ROPS will establish the maximum amount of Redevelopment Property Tax Trust
Funds (RPTTF) to be distributed to the Successor Agency for each remaining fiscal year
until all obligations have been fully paid.
ANALYSIS OF ISSUES:
This ROPS presented for approval by the Board of Directors of the Successor Agency to
the Dissolved Arroyo Grande Redevelopment Agency is designated as being the L&F
ROPS, covering the period from July 1, 2023 to June 30, 2038, as recommended by the
Successor Agency’s outside consultant, Doug Anderson of Urban Futures. This L&F
ROPS can be submitted at any time, and DOF has 100 days within which to approve or
disapprove the request. If the L&F ROPS is approved less than 15 days before the date
of the property tax distribution, it shall not be effective until the subsequent RPTTF
distribution period. The L&F ROPS is scheduled for approval at the next regular meeting
of the County Oversight Board scheduled for September 30, 2022, after which time it will
be submitted to the DOF for review and approval.
Agencies may submit a L&F ROPS if all the following conditions are met:
The remaining debt is limited to administrative costs and payments pursuant to
enforceable obligations with defined payment schedules including, but not limited
to, debt service, loan agreements, and contracts.
All remaining obligations have been previously listed on the ROPS and approved
for payment by DOF.
The agency is not a party to outstanding/unresolve d litigation.
The Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency meets
all of the above conditions required to submit a L&F ROPS request to the Countywide
Oversight Board for approval and submission to the DOF.
At this time, the Board of Directors of the Successor Agency is being asked to approve
the L&F ROPS for the period of July 1, 2023, through June 30, 2038. The L&F ROPS lists
all remaining payments for the 2018 Bonds, annual bond Trustee fees for the 2018 Bonds,
and annual administrative expenses of the Successor Agency. The total outstanding
amount of the enforceable obligations listed on the L&F ROPS is $5,817,973. This
amount includes funding for the following items:
Page 28 of 257
Item 8.c.
City Council
Consideration of Adoption of Resolution Approving the Last and Final Recognized
Obligation Payment Schedule for the Successor Agency to the Arroyo Grande
Redevelopment Agency
September 13, 2022
Page 3
1. 2018 Tax Allocation Bonds – 2007 Bonds issued by the City’s Redevelopment
Agency were refinanced in 2018 for a debt service savings of $1,179,681, net of
all costs of issuance. The 2018 Bonds in the amount of $5,305,000 were issued to
repay funds that had been borrowed from internal funds for start -up costs for the
Redevelopment Agency and to fund new economic development and affordable
housing projects. This is a 30-year debt and the last payment is due on September
1, 2037. The proposed L&F ROPS includes the repayment of this debt and covers
the remaining period of the repayment obligation.
2. Administrative Costs – Per ABX1 26, the Successor Agency is eligible to receive
an “administrative cost allowance” for reimbursement of the Successor Agency’s
administrative costs. The amount of $12,000 is the estimated amount
recommended by our advisor based on their expertise and experience working on
L&F ROPS that will be needed each year for the next 15 fiscal years. Therefore,
the L&F ROPS includes a total of $180,000 in reimbursable administrative costs.
3. 2018 Tax Allocation Bond Fees – A fiscal agent fee of $2,000 per year charged by
Wells Fargo Bank is included in the proposed L& F ROPS, totaling $29,000.
Finally, the Indenture of Trust for the 2018 Bonds requires that the Successor Agency
obtain written consent from Build America Mutual Assurance Company (“BAM”) as the
insurer of the 2018 Bonds prior to filing a L&F ROPS for approval by the Countywide
Oversight Board and DOF. The Successor Agency has obtained such written consent
from BAM (Attachment 3).
The L&F ROPS will reduce the administrative burden on the Successor Agency and
eliminate the need for Oversight Board meetings to approve the ROPS in future years.
ALTERNATIVES:
The following alternatives are provided for the Board of Director’s consideration:
1. Adopt the Resolution approving the Last and Final Recognized Obligation
Payment Schedule (L&F ROPS), covering the period from July 1, 2023 to June 30,
2038, and authorize the Administrative Services Director to present the L&F ROPS
to the County Oversight Board for review and approval;
2. Do not adopt the Resolution approving the draft Last and Final Recognized
Obligation Payment Schedule and provide alternate direction to staff, including
continued annual preparation of the Recognized Obligation Payment Schedules
and submission to the Successor Agency Board, County Oversight Board, and the
Department of Finance for approval; or
3. Provide other direction to staff.
Page 29 of 257
Item 8.c.
City Council
Consideration of Adoption of Resolution Approving the Last and Final Recognized
Obligation Payment Schedule for the Successor Agency to the Arroyo Grande
Redevelopment Agency
September 13, 2022
Page 4
ADVANTAGES:
Adoption of the Resolution approving the L&F ROPS will allow the DOF to distribute
funding to the Successor Agency for each remaining fiscal year until all obligations have
been fully paid without completing and submitting an annual ROPS to the County
Oversight Board and DOF.
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 Approving the Last and Final Recognized Obligation
Payment Schedule and Exhibit A
2. Bond Insurer Consent
Page 30 of 257
ATTACHMENT 1
RESOLUTION NO. SA-2022-XXX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE
REDEVELOPMENT AGENCY APPROVING THE LAST & FINAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL
YEARS 2023-38 AND APPROVING CERTAIN RELATED ACTIVITIES
WHEREAS, pursuant to Health and Safety Code (“HSC”) Section 34177(o), the
Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency (the
“Successor Agency”) may prepare a Last & Final Recognized Obligation Payment
Schedule (“L&F ROPS”) and submit such L&F ROPS to the Oversight Board for the
Successor Agency and to the County Oversight Board for approval; and
WHEREAS, the Successor Agency to the City of Arroyo Grande meets all of the
conditions of HSC section 34191.6 and has prepared its L&F ROPS covering the period
from July 1, 2023, up to and including June 30, 2038, in accordance with the Dissolution
Act and the format made available by Department of Finance (“DOF”), a copy of which is
attached as Exhibit A to this Resolution; and
WHEREAS, HSC section 34191.6 (b) (2) requires that the L&F ROPS shall include the
total outstanding obligation and a schedule of remaining payments for each enforceable
obligation; and
WHEREAS, DOF shall have 100 days to review the L&F ROPS and may make any
amendments or changes agreed to by the Successor Agency in writing. Once approved
by DOF, the L&F ROPS shall become effective on the first day of the subsequent
Redevelopment Property Tax Trust Fund distribution period. If the L&F ROPS is approved
less than 15 days before the date of the property tax distribution, it shall not be effective
until the subsequent RPTTF distribution period.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Successor
Agency to the Dissolved Arroyo Grande Redevelopment Agency hereby finds, determines
and orders as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. That the Last and Final Recognized Enforceable Obligation Payment Schedule for
the period July 1, 2023 to June 30, 2038 is approved in substantially the form
attached to this Resolution as Exhibit A; and
3. The Board has authorized and directs Successor Agency staff to submit a copy of
the L&F ROPS to the County Oversight Board for approval.
4. Successor Agency staff is hereby authorized and directed to post a copy of the
Oversight Board-approved L&F ROPS on the Successor Agency’s internet
website.
5. Successor Agency staff is hereby authorized and directed to do any and all things
deemed necessary or advisable to effectuate implementation of this Resolution,
Page 31 of 257
RESOLUTION NO. SA-2022-XXX
PAGE 2
including requesting additional review by the Department of Finance and an
opportunity to meet and confer on any disputed items.
On motion of Board Member , seconded by Board Member , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 13th day of September
2022.
Page 32 of 257
RESOLUTION NO. SA-2022-XXX
PAGE 3
_________________________________
CAREN RAY RUSSOM, CHAIR
ATTEST:
_________________________________
JESSICA MATSON, SECRETARY
APPROVED AS TO FORM:
_________________________________
TIMOTHY J. CARMEL, GENERAL COUNSEL
Page 33 of 257
RESOLUTION NO. SA-2022-XXX
PAGE 4
Page 34 of 257
RESOLUTION NO. SA-2022-XXX
PAGE 5
Page 35 of 257
RESOLUTION NO. SA-2022-XXX
PAGE 6
Page 36 of 257
RESOLUTION NO. SA-2022-XXX
PAGE 7
Page 37 of 257
$5,305,000
Successor Agency to the Dissolved
Arroyo Grande Redevelopment Agency
Taxable Tax Allocation Refunding Bonds, Series 2018
CONSENT OF INSURER AND AGREEMENT
The undersigned is an authorized representative of Build America Mutual Assurance
Company (“BAM”), the provider of Bond Insurance for the designated Insured Bonds of the
above-referenced bonds (the “Bonds”) as such terms are defined in the Indenture of Trust dated
June 1, 2018 (the “Indenture”), by and between the Successor Agency to the Dissolved Arroyo
Grande Redevelopment Agency (the “Successor Agency”) and Wells Fargo Bank, National
Association (the “Trustee”). In connection therewith, and pursuant to Section 5.01(h) of the
Indenture, BAM has been asked to consent to the filing by the Successor Agency of its Last and
Final Recognized Obligation Payment Schedule, prepared and approved from time to time
pursuant to Section 34191.6 of the California Health and Safety Code. Consent is hereby
granted to the Successor Agency to submit its Last and Final Recognized Obligation Payment
Schedule to the Oversight Board and the Department of Finance for approval. As consideration
for this approval, the Successor Agency agrees that it will not, without the prior written consent
of BAM, approve or submit for approval by the Oversight Board of the Successor Agency or the
Department of Finance any amendment to the Last and Final Recognized Obligation Payment
Schedule.
BAM is granting this consent on its own behalf, and not on behalf of any person or party.
In addition, BAM makes no representation as to whether the consent of any person or party is
required in connection with the forgoing.
Dated: ______________________
BUILD AMERICA MUTUAL
ASSURANCE COMPANY
By: ________________________________
Authorized Representative
ATTACHMENT 2
July 29, 2022
Page 38 of 257
1 Item 8.d.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
August 23, 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
Council Members Absent: Council Member Barneich
Staff Present: Deputy City Clerk Sarah Lansburgh, City
Attorney Timothy Carmel, City Manager
Whitney McDonald, Assistant City
Manager/Public Works Director Bill Robeson,
Community Development Director Brian
Pedrotti, Recreation Services Director
Sheridan Bohlken, Human Resources Officer
Tashina Ureno, Administrative Services
Director Nicole Valentine
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
Deputy City Clerk Lansburgh took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Camp Fire Central Coast - Trail Lighters led the flag salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
None.
Page 39 of 257
2 Item 8.d.
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 including local statistics.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.b City Manager Communications
City Manager McDonald provided information regarding the Central Coast Blue Project and
stated that it had been awarded over $14,000,000 through the Title 16 Grant Funds, and that an
inaugural Joint City Council meeting will be held on September 14, 2022 to discuss the project
status; the City awarded Community Betterment Grant of $750,00 largely for improvements on
Halcyon for safe routes to schools; the successful Village Business Roundtable meeting; and
discussed upcoming items for Council consideration.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public was Kathy McCorry, CEO South
County Chambers of Commerce. 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.
In response to questions from Council, City Manager McDonald made comments on Item 8.g.
Mayor Ray Russom invited public comment. Speaking from the public were Jim Guthrie, and Kathy
McCorry. No further public comments were received.
Moved by Council Member Paulding
Seconded by Mayor Pro Tem George
Approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action and
regarding Item 8.g. for the finalized policy of the TBID Board to come to Council for review at a future
council meeting.
AYES (4): Mayor Ray Russom, Mayor Pro Tem George, Council Member Paulding, and Council
Member Storton
ABSENT (1): Council Member Barneich
Passed (4-1-0)
Page 40 of 257
3 Item 8.d.
8.a Consideration of Cash Disbursement Ratification
Ratified the attached listing of cash disbursements for the period of July 16 through July 31,
2022.
8.b Approval of Minutes
Approved the minutes of the Regular City Council Meeting of August 9, 2022, as submitted.
8.c Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote
Teleconference Meetings of the Legislative Bodies Pursuant to Government Code
Section 54953(e)(3)
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE
CORONAVIRUS (COVID-19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF ARROYO GRANDE PURSUANT TO GOVERNMENT CODE SECTION 54953(e)".
8.d Consideration of a Consultant Services Agreement with unCOMPlicated HR to Prepare a
Total Compensation Study
Approved a Consultant Services Agreement with unCOMPlicated HR to prepare a Total
Compensation Study.
8.e Consideration of Award of Construction Contract to Raminha Construction, Inc. for the
Oak Park Boulevard Drainage Repairs Project, PW 2020-04
Awarded a construction contract to Raminha Construction, Inc. in the amount of $238,679 and
authorized the City Manager to approve change orders for 15% of the contract, $35,802, for
unanticipated costs during the construction phase of the project (construction contract costs =
$238,679 + $35,802 = $274,481).
8.f Monthly Water Supply and Demand Update
Received and filed the monthly Water Supply and Demand Report.
8.g Consideration of Temporary Use Permit 22-003; Authorizing Closure of City Streets and
Use of City Property for the 84th Annual Arroyo Grande Valley Harvest Festival, Friday
and Saturday, September 23-24, 2022; Applicant – Jim Guthrie
Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE TEMPORARY USE PERMIT 22-003, AUTHORIZING
CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 84TH ANNUAL
ARROYO GRANDE HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 23-24,
2022”.
9. PUBLIC HEARINGS
None.
Page 41 of 257
4 Item 8.d.
10. OLD BUSINESS
None.
11. NEW BUSINESS
11.a Consideration of Street Selection for the 2022 Pavement Management Program
Assistant City Manager/Public Works Director Robeson introduced the item and Joe Ririe,
Pavement Management Consultant, provided a presentation on the item. Staff responded to
questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public was Jim Guthrie. No
further public comments were received.
Moved by Council Member Storton
Seconded by Council Member Paulding
Review and approve the recommended treatments and streets for the 2022 Pavement
Management Program, including the streets identified in Attachments 1 through 3 of the staff
report, and direct staff to work with the City’s design consultant to value engineer proposed
treatments and proposals for the streets identified in Attachment 4 of the staff report.
AYES (4): Mayor Ray Russom, Mayor Pro Tem George, Council Member Paulding, and Council
Member Storton
ABSENT (1): Council Member Barneich
Passed (4-1-0)
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
Page 42 of 257
5 Item 8.d.
12.c COUNCIL MEMBER BARNEICH (ABSENT):
1. Audit Committee
2. Homeless Services Oversight Council (HSOC)
3. Zone 3 Water Advisory Board
4. Other
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
Mayor Ray Russom requested an item be brought back to Council regarding refunding appeal fees for
vacation rental approvals to certain parties who were not able to be heard by the Planning Commission.
Mayor Pro Tem George concurred. Mayor Ray Russom also stated that Arroyo Grande Public Art will
be holding an event on Labor Day.
Council Member Paulding requested the vacation rental discussion include a discussion on a possible
moratorium.
14. CLOSED SESSION
None.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 7:56 p.m.
Page 43 of 257
6 Item 8.d.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Page 44 of 257
Item 8.e.
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: September 13, 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 45 of 257
Item 8.e.
City Council
Consideration of Adoption of a Resolution Declaring a Continued Local
Emergency Related to the Coronavirus (COVID-19) Pandemic
September 13, 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 th e 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 46 of 257
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, May 10, May
24, June 14, June 28, July 26, August 9, and August 23, 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 47 of 257
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 13th day of September, 2022.
Page 48 of 257
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 49 of 257
Item 8.f.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Cancellation of November 8, 2022 City Council
Meeting
DATE: September 13, 2022
SUMMARY OF ACTION:
Cancellation of the November 8, 2022 City Council meeting.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is minimal cost savings due to reduced staff time associated with agenda and
meeting preparation.
RECOMMENDATION:
Cancel the regularly scheduled Council meeting of November 8, 2022.
BACKGROUND:
The City Council meets twice a month on the second and fourth Tuesdays. The City
Council Handbook states that a regular meeting may be cancelled by a majority vote of
the Council. In 2016, the regular meeting date that was set for the same date as the
General Municipal Election was cancelled, in part to allow citizens, Council Members, and
staff time to complete their voting while polling places remain open into the evening. Other
neighboring jurisdictions have similarly cancelled regular meetings scheduled for the
same date as a municipal election.
ANALYSIS OF ISSUES:
This year, the November 8, 2022 General Municipal Election falls on a regular City
Council meeting date. Therefore, it is recommended the City Council cancel the regularly
scheduled meeting of November 8, 2022. It is anticipated that other required actions of
the City Council may be accomplished during meetings otherwise held in October and
November. However, staff may also recommend that a special meeting be held in
November to conduct a study session regarding fire and emergency service response
needs in light of the upcoming exit of the Oceano Community Services District from the
Page 50 of 257
Item 8.f.
City Council
Consideration of Cancellation of November 8, 2022 City Council Meeting
September 13, 2022
Page 2
Five Cities Fire Authority. It is anticipated that holding this study session during a special
meeting on a different date in November will provide greater access and focused time for
the public, staff, and Council Members to discuss this topic.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Cancel the November 8, 2022 City Council Meeting;
2. Do not cancel the November 8, 2022 City Council Meeting; or
3. Provide other direction to staff.
ADVANTAGES:
Cancelling the November 8, 2022 regular meeting will allow the City Council, staff, and
citizens to complete their voting while polling places remain open in the evening.
DISADVANTAGES:
Cancellation of a regular meeting may result in heavier agendas at the prior and following
meetings.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Page 51 of 257
Item 8.g.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Authorizing the City Attorney to Amend the
Affordable Housing Agreement for 252 S. Courtland Street
DATE: September 13, 2022
SUMMARY OF ACTION:
Authorize the City Attorney to make amendments to the existing Affordable Housing
Agreement for 252 S. Courtland Street (Agreement) to allow the property to be sold to an
eligible, moderate income household.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
Authorize the City Attorney to amend the Agreement allowing the property owner to sell
the subject property to an eligible, moderate income household.
BACKGROUND:
The dwelling at 252 S. Courtland St. was built in 2005 as part of the Jasmine Place
housing development and subsequently deed-restricted as a moderate rate affordable
unit. The Jasmine Place project was conditioned to provide a total of seventeen units
within the development as affordable to moderate income households. Each of the
seventeen units was subject to a Buyer’s Occupancy and Resale Agreement
(Agreement), which establishes regulations for the occupancy, maintenance, and resale
of the property.
The subject home at 252 S. Courtland Street was sold to a qualified buyer in 2005. Three
years later, the property owner expressed a need to sell the unit to avoid foreclosure. At
that time, the maximum allowable sales price, as determined pursuant to the formula
established in the Agreement, exceeded the fair market value of the home. Under the
Agreement, the owner must try to sell the property to an eligible buyer at the affordable
price, as defined in the Agreement. If they cannot sell it within 90 days, the City has the
Page 52 of 257
Item 8.g.
City Council
Consideration of Authorizing the City Attorney to Amend the Affordable Housing
Agreement for 252 S. Courtland Street
September 13, 2022
Page 2
option to purchase the home at the affordable price or allow it to be sold at fair market
value. Due to the inequity between the affordable price and fair market value, the home
was at high risk of converting to market rate and eliminating the affordable housing
covenants recorded against the property. To avoid losing an affordable unit, the City’s
Redevelopment Agency made arrangements to purchase the property from the owner
and then re-sell the property to the San Luis Obispo Housing Authority (HASLO).
HASLO is an established non-profit organization with expertise in building and
maintaining affordable housing, and therefore, qualified to manage the rental of this unit.
However, because the affordable housing agreements for all seventeen affordable units
in this development do not permit an owner to lease their unit, HASLO requested
amendments to the Agreement that would allow it to lease the property to a qualified
tenant. Council adopted Resolution 4131 authorizing the purchase and subsequent
reconveyance of the property (Attachment 1).
ANALYSIS OF ISSUES:
The long-term tenant at 252 S. Courtland Street has voluntarily vacated the property and
now HASLO expressed the desire to amend the Agreement to allow it to sell the property
to a qualified moderate-income household. Selling the property would allow HASLO to
reallocate the revenue from the sale to current affordable housing projects. Pursuant to
Section 15 of the Agreement, Council must authorize amendments to the Agreement. If
Council is supportive amending the Agreement, the City Attorney will execute the
amendments that will allow the property to be sold to a qualified moderate-income
household. The purchasing household will enter into a new agreement with the City to
ensure the affordability restrictions of the unit are maintained for the next 30 years.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Authorize the City Attorney to make amendments to the existing Agreement; or
2. Provide other direction to staff.
ADVANTAGES:
Approving modifications to the existing Regulatory Agreement will allow HASLO to
financially support other affordable housing projects, while ensuring that an existing
affordable unit will remain affordable for the next 30 years, at a minimum.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
Page 53 of 257
Item 8.g.
City Council
Consideration of Authorizing the City Attorney to Amend the Affordable Housing
Agreement for 252 S. Courtland Street
September 13, 2022
Page 3
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Resolution No. 4131
Page 54 of 257
RESOLUTION NO. 4131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE FINDING THAT THE EXPENDITURE BY . THE ARROYO
GRANDE REDEVELOPMENT AGENCY OF LOW AND MODERATE
INCOME HOUSING FUNDS OUTSIDE THE BOUNDARIES OF THE
ARROYO GRANDE REDEVELOPMENT PROJECT AREA BENEFITS
THE PROJECT AREA
WHEREAS, the Arroyo Grande Redevelopment Agency ("Agency") is a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.); and
WHEREAS, the Agency and the City Council of the City of Arroyo Grande ("City" or
"City Council,• as appropriate), in accordance with all applicable law, previously adopted
the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area, as
amended ("Redevelopment Plan" or "Project Area; as applicable); and
WHEREAS, the Agency is obligated under the California Community Redevelopment
Law (the "CRL") to expend twenty percent (20%) of all taxes allocated to the Agency
pursuant to Health and Safety Code Section 33670 {the Agency's •Housing Funds") for
the provision of affordable housing; and
WHEREAS, in furtherance of its goals to improve, increase, and preserve the
community's supply of affordable housing, the Agency is proposing to purchase a single
family home located at 252 South Courtland Street, in the City of Arroyo Grande (the
"Property") from the owners thereof in order to avoid a foreclosure, for purposes of the
Agency's subsequent conveyance of the Property to an income-eligible household at a
restricted sales price; and
WHEREAS, the Property is not located in the Project Area; and
WHEREAS, the CRL provides that a redevelopment agency may not use its Housing
Funds outside of the project area unless it determines that the use will be of benefrt to
the project; and
WHEREAS, staff recommends that the City Council find that the Agency's use of
Housing Funds outside of the Project Area is of benefit to the Project Area in that such
use will serve to increase, improve, and preserve the community's supply of affordable
housing, which is one of the primary goals of redevelopment and of the Redevelopment
Plan, and is of benefit to the Project Area; and
WHEREAS, all actions required by applicable law to be taken by the City precedent to
the adoption of this Resolution have been taken in accordance with applicable law.
-
ATTACHMENT 1
Page 55 of 257
RESOLUTION NO. 4131
PAGE2
NOW, THEREFORE, the City Council of the City of Arroyo Grande resolves as follows:
Section 1. The foregoing Recitals are true and correct and are incorporated herein.
Section 2. The City Council hereby finds and determines, in accordance with Health
and Safety Code Section 33334.2(g), that the Agency's use of Housing Funds outside
the Project Area will be of benefit to the Project Area in that such use will serve to
increase, improve, and preserve the community's supply of affordable housing, which is
one of the primary goals of redevelopment and of the Redevelopment Plan, and is of
benefit to the Project Area.
On motion of Council Member Costello, seconded by Council Member Fellows, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Costello, Fellows, and Mayor Ferrara
None
Council Members Arnold and Guthrie
the foregoing Resolution was passed and adopted this 23 rd day of September, 2008.
Page 56 of 257
RESOLUTION NO. ~/JI
PAGE3
APPROVED AS TO CONTENT:
~64:;) .
APPROVED AS TO FORM:
RU
AG
Page 57 of 257
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. 4131 is a true, full, and correct copy of said Resolution ·passed and.
adopted at a regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 23rd day of September 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affD<ed this 24th day of
September 2008.
Page 58 of 257
Item 8.h.
MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Jeremy Burns, Police Sergeant
SUBJECT: Consideration of a Resolution Approving a Grant Agreement from the
Office of Traffic Safety for Traffic Records Improvement and Approval
of the Purchase of the Crossroads Traffic Collision Reporting and
Electronic Citation Systems
DATE: September 13, 2022
SUMMARY OF ACTION:
Adopt a Resolution authorizing the Chief of Police to execute an agreement with the
California Office of Traffic Safety (OTS) for the receipt of grant funding through the Traffic
Records Improvement Project Program (TRIP), which will be used to purchase a new
traffic collision reporting system and electronic citation system.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The grant award is for $109,000 and will cover the costs of a new traffic collision reporting
system and electronic citation system. The cost of the software and hardware purchase
will be reimbursed by the grant. The cost of staff time to administer the grant will be
absorbed into the regular duties of the Police Department Administration and
Administrative Services Division of the City.
RECOMMENDATION:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with
the California Office of Traffic Safety (OTS) to purchase a new traffic collision reporting
and electronic citation system, 2) Approve a Budget Amendment Request for FY 2022 -
23 in the amount of $109,000 to account for the OTS grant revenue and the expenditures
for the new reporting and citation systems, and 3) Approve the sole source purchase of
the Crossroads traffic collision reporting and electronic citation software programs.
BACKGROUND:
The Arroyo Grande Police Department has accepted grant funding from the California
Office of Traffic Safety (OTS) intermittently in the past. For instance, in Fiscal Year 2022 -
23, the City received funding of $58,000 from OTS in the form of a Selective Traffic
Page 59 of 257
Item 8.h.
City Council
Consideration of a Resolution Approving a Grant Agreement from the Office of
Traffic Safety for Traffic Records Improvement and Approval of the Purchase of
the Crossroads Traffic Collision Reporting and Electronic Citation Systems
September 13, 2022
Page 2
Enforcement Program (STEP) grant. This STEP grant provided funding for enforcement
activities including DUI checkpoints, DUI saturation patrols, distracted driving
enforcement, and pedestrian safety enforcement. The STEP grant also provided funding
for traffic enforcement and training for officers, and funding for the purchase of traffic
enforcement equipment, including a new hand -held LIDAR device and radar trailer.
Another STEP grant has been awarded to the Arroyo Grande Police Department for this
Fiscal Year 2022-23 and is presented for consideration and approval in a separate
agenda item (Item 8.i).
In addition to the STEP grant, OTS also offers a Traffic Records Improvement Project
(TRIP) grant. TRIP grants provide law enforcement departments with the ability to plan
and initiate traffic records improvement projects, such as the purchase of new traffic crash
reporting systems as well as electronic citation equipment and software.
ANALYSIS OF ISSUES:
The City of Arroyo Grande currently has a population of approximately 17,924 residents,
however, the City experiences an increase in daily population and traffic due to
employment, business, and service providers located within the City. Additionally, the
City’s service population is also impacted by the cities immediately adjacent, making up
the “Five Cities” area. The larger Five Cities area population is approximately 45,000
residents, not including the tourist population, which is estimated at approximately 35,000
a year. Because of the City’s location situated half -way between Los Angeles and San
Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular
Recreation Area, significant increases in traffic, pedestrian and alcohol related inciden ts
occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only
public high school in the Five Cities area, servicing over 2000 high school students daily.
This causes an increase in the number of inexperienced drivers on the road as well as
bicyclists and pedestrians. With the resident, student, and transient tourist populations
impacting the City’s total service population, the City has seen an increase in traffic
collisions and traffic incidents over the past several years. The Police Department, on
average, investigates and takes reports on over 300 traffic collisions per year.
The Police Department currently uses the Executive Information Services (EIS) Records
Management System (RMS) for all criminal, incident, and traffic collision reports. The EIS
traffic collision reporting program has not been updated in several years, and lacks the
capabilities of more modern systems. The EIS traffic collision system does not allow for
adequate data analysis, and requires manually l ooking through individual reports to
perform any analysis. A requirement of the OTS STEP grant is the reporting of certain
statistics on a quarterly basis. With the EIS collision reporting system, this requires
extensive staff time to manually review individual reports to count the statistics. Data
analysis is a critical element to a traffic collision reporting system, as it allows the Traffic
Unit to better identify areas within the City that are more prone to traffic incidents, and
Page 60 of 257
Item 8.h.
City Council
Consideration of a Resolution Approving a Grant Agreement from the Office of
Traffic Safety for Traffic Records Improvement and Approval of the Purchase of
the Crossroads Traffic Collision Reporting and Electronic Citation Systems
September 13, 2022
Page 3
allows for better targeted enforcement of traffic and safety violations. Additionally, the EIS
system does not allow for the electronic submission of required reports to the California
Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS) and requires
Department staff to print and send physical copies of required reports.
The Police Department currently utilizes traditional paper citations for traffic violations and
criminal arrests. The paper citation system requires staff to manually enter the citations
into the EIS RMS, which requires significant staff time. Many police departments have
moved to electronic citation systems, which greatly reduces staff time in the field, as well
as the later entry into the EIS RMS. With electronic citation systems, the citation is
automatically entered into the EIS RMS, eliminating the need for manual entry.
The Police Department has identified the need to upgrade and replace the current EIS
RMS traffic collision reporting system, with a system that will allow for more streaml ined
reporting and perform adequate data analysis of traffic collisions within the City. The City
has been tentatively approved for an OTS TRIP Grant in the amount of $109,000 to
facilitate the purchase of a new traffic collision reporting system and elect ronic citation
system.
OTS has specific requirements for capabilities for traffic collision reporting systems
purchased with grant funds. The requirements include the following:
System licensing with installation and training
GIS based mapping
Segment crash diagraming tool
Ability to create or import crash reports
Ability to import and export agency RMS files
Ability to perform complete analysis of crash reports
Secure database accessible by appropriate agency personnel
Ability to export complete crash report to California Highway Patrol’s SWITRS
OTS also has specific requirements for the electronic citation system, which include:
System licensing with installation and training
Ability to import and export to agency RMS files
Ability to perform complete analysis of citation reports
Secure database accessible by appropriate agency personnel
Ability to export complete citation reports to the local county court
With these requirements in mind, Police Department staff researched appropriate traffic
collision reporting systems and electronic citation systems. Through the research, staff
was able to identify one company that produces a traffic collision reporting system and
electronic citation system that meet all of the requirements. Crossroads Software, Inc.
Page 61 of 257
Item 8.h.
City Council
Consideration of a Resolution Approving a Grant Agreement from the Office of
Traffic Safety for Traffic Records Improvement and Approval of the Purchase of
the Crossroads Traffic Collision Reporting and Electronic Citation Systems
September 13, 2022
Page 4
produces a traffic collision reporting system and electronic citation system that meet the
above requirements and has additional capabilities that would provide a benefit to the
Police Department in reporting collisions and writing citations. The Crossroa ds collision
reporting system provides thorough data analysis tools that would allow for the easy
reporting of statistics to OTS, as well as identifying areas in the City with the greatest
traffic concerns. Additionally, the system allows for the electroni c submission of reports
to SWITRS, which would also reduce staff time spent on these tasks. The electronic
citation system would greatly reduce the time officers spend writing each citation in the
field, as well as eliminate the manual entry of the citation information into the RMS system.
Many agencies throughout the State and locally use the Crossroads collision reporting
and electronic citation software, including the San Luis Obispo Police Department and
the Paso Robles Police Department. Both San Luis Obispo and Paso Robles have had
success in implementing the Crossroads system. The Arroyo Grande Police Department
currently uses a different Crossroads software application for the reporting of stop data
to the Department of Justice (DOJ). It is, therefore, recommended that the City Council
approve the sole source purchase of the EIS RMS and electronic citation system from
Crossroads.
The cost of the Crossroads system is broken down as follows:
$30,200 for the Report Writer for Collision Reporting
$24,800 for the Interface to Upload Collision Report Data and Documents to the
California Highway Patrol SWITRS System
$39,400 for the Electronic Citation System
The remaining $14,600 will be used to purchase hardware for the electronic citation
system (tablets/phones and mobile printers). Staff is working to identify exactly what
hardware will be the best options to work with the Crossroads system.
The Police Department currently has a EIS RMS that is used for criminal and incident
reports, separate from the traffic collision portion of EIS RMS. The CIP Budget has
$150,000 of COPS Grant funds earmarked for upgrade of the current criminal and
incident portion of EIS RMS, which is going to coincide with the San Luis Obispo Sheriff’s
Department’s anticipated upgrade to their RMS system. The proposed Crossroads RMS
system will integrate with this EIS RMS system.
ALTERNATIVES:
1. 1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement
with the California Office of Traffic Safety (OTS) to purchase a new traffic collision
reporting and electronic citation system, 2) Approve a Budget Amendment
Request for FY 2022-23 in the amount of $109,000 to account for the OTS grant
revenue and the expenditures for the new reporting and citation systems, and 3)
Page 62 of 257
Item 8.h.
City Council
Consideration of a Resolution Approving a Grant Agreement from the Office of
Traffic Safety for Traffic Records Improvement and Approval of the Purchase of
the Crossroads Traffic Collision Reporting and Electronic Citation Systems
September 13, 2022
Page 5
Approve the sole source purchase of the Crossroads traffic collision reporting and
electronic citation software programs.
2. Do not adopt the Resolution or approve the purchase;
3. Provide other direction to staff.
ADVANTAGES:
Accepting the OTS grant and purchasing the Crossroads collision reporting and electronic
citation systems will have several advantages. It will fund the purchase of a new traffic
collision reporting system and an electronic citation system that are not otherwise funded
in the City’s budget. The Crossroads report writing system allows for more expeditious
reporting of collisions and allows for thorough analysis of collision data. This will greatly
reduce staff time spent on analyzing collision data and reporting statistics. The electronic
citation system will also reduce staff time, both in the field, and later in data entry into the
EIS RMS.
DISADVANTAGES:
No disadvantages are identified if the recommended action is approved . By not accepting
the grant, the Police Department will not receive additional funding to purchase a traffic
collision report writing and electronic citation system.
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. Grant Agreement
3. Crossroads Software, Inc. Cost Proposal
Page 63 of 257
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH
THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO
ACCEPT GRANT FUNDING FOR TRAFFIC RECORDS
IMPROVEMENT PROJECT AND TO APPROPRIATE THE
FUNDING FOR THE PROGRAM ACTIVITIES
WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to
receive Federal and/or State funding for a traffic records improvement project through the
California Office of Traffic Safety (“OTS”); and
WHEREAS, OTS has awarded $109,000 in grant funding to the Arroyo Grande Police
Department to purchase and implement new collision reporting and electronic reporting
systems; and
WHEREAS, OTS requires execution of a grant agreement in order to obtain the funding;
and
WHEREAS, by accepting this grant, an appropriation of funding will be required for the
purchases; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate
authorization to the Chief of Police to execute this grant agreement and any amendments
thereto.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The grant agreement is hereby approved and the Chief of Police is authorized to
accept the grant award in the amount of $109,000 and execute the grant
agreement and amendments thereto with the State of California, Office of Traffic
Safety.
2. A Budget Amendment Request for FY 2022-23 in the amount of $109,000 is
hereby approved to account for the OTS grant revenue and the expenditures for
the new reporting and citation systems.
3. The sole source purchase of the traffic collision reporting and electronic citation
software programs from Crossroads Software, Inc. is hereby approved.
On motion of Council Member _________, seconded by Council Member _________,
and on the following roll call vote, to wit:
Page 64 of 257
ATTACHMENT 1
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 13th day of September, 2022.
Page 65 of 257
ATTACHMENT 1
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
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
TR23008
1.GRANT TITLE
Traffic Records Improvement Project
2.NAME OF AGENCY 3.Grant Period
Arroyo Grande From:
To:
10/01/2022
09/30/2023 4.AGENCY UNIT TO ADMINISTER GRANT
Arroyo Grande Police Department
5.GRANT DESCRIPTION
State and local agencies need timely, accurate, complete, accessible, and uniform traffic records to identify
and prioritize traffic safety issues, to choose appropriate safety countermeasures and evaluate their
effectiveness. Traffic records improvement grants provide traffic safety stakeholders with the ability to plan
and initiate traffic records improvement projects such as the purchase and implementation of traffic crash
reporting systems as well as electronic citation equipment and software.
6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$109,000.00
7.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure
Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)
Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8.Approval Signatures
A.GRANT DIRECTOR B.AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jeremy Burns
Sergeant
jburns@arroyogrande.org
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Michael Martinez
Chief of Police
mmartinez@arroyogrande.org
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
(Signature) (Date) (Signature) (Date)
C.FISCAL OFFICIAL D.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Nicole Valentine
Administrative Services Director
nvalentine@arroyogrande.org
(805) 473-5400
300 E Branch St.
Arroyo Grande, CA 93420
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
ATTACHMENT 2
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $109,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
$109,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
$109,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
VKFHGF6PKWK7
300 E. Branch St.
Arroyo Grande
93420-2706
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
TR23008
1. PROBLEM STATEMENT
The Arroyo Grande Police Department has a Traffic Safety Unit responsible for the enforcement of traffic
laws, including DUI investigation, and the investigation of traffic crashes in our city. This Traffic Records
Improvement Project (TRIP) grant will significantly help our Traffic Safety program with more efficient
reporting, and better data analysis of crashes and causes of crashes within the city, to better target
enforcement and prevention efforts.
The city of Arroyo Grande has a population of approximately 18,000 residents and consists of nearly 6
square miles. However, the city experiences a significant increase in daily population and traffic due to
employment, business and service providers located within Arroyo Grande. Additionally, our service
population is also impacted but the cities immediately adjacent to ours, making up the “Five Cities” area. The
larger Five Cities area population is approximately 45,000 residents, not including the tourist population,
which is estimated at approximately 35,000 per year. Because of our location, situated half-way between
Los Angeles and San Francisco, directly west of Bakersfield, we experience significant increases in traffic,
pedestrian and alcohol related incidents due to our proximity to the beach and the Oceano Dunes Vehicular
recreation area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities
area, servicing over 2000 high school students daily. This causes an increase in the number of
inexperienced drivers on the road as well as bicyclists and pedestrians. With the resident, student and
transient tourist populations impacting our total service population, we have seen increases in traffic
collisions and traffic incidents over the last several years.
The City of Arroyo Grande business community provides full services including gasoline sales, hotels and
restaurants. The Highway 101 is a main artery which is routed through the center of the City used for access
by those utilizing the City’s services.
The Arroyo Grande Police Department currently uses an outdated records management system for traffic
crash reporting. Under the current system, no traffic crash data analysis can be performed, requiring the
manual counting of injury/fatal collisions, as well as other required reportable crashes.
The TRIP grant affords our Department the opportunity to purchase a complete electronic citation system
and provide a much needed update to our electronic crash database in order to submit electronic data to the
CHP SWITRS program.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
B. Objectives: Target Number
1. Purchase a new electronic crash reporting program or upgrade an existing
electronic crash reporting program to the latest version available that includes the
capability of exporting complete crash report records to a departmental records
management system (RMS) and the California Highway Patrol’s Statewide
Integrated Traffic Records System (SWITRS).
1
2. Purchase and implement a new complete electronic citation solution that includes
the capability of exporting data to both a departmental records management
system (RMS) as well as the local court records system if and when the local court
can receive electronic citation data.
1
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)
Determine specific system requirements.
Determine specific equipment requirements.
Request vendor price quotation per host agency requirements.
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Procure an electronic crash reporting system with the following functionalities:
System licensing with installation and training.
GIS based mapping.
Segment crash diagraming tool.
Ability to create or import crash reports.
Ability to import and export agency RMS files.
Ability to perform complete analysis of crash reports.
Secure database accessible by appropriate agency personnel.
Ability to export complete crash report to the California Highway Patrol’s Statewide
Integrated Traffic Records System.
Procure an electronic citation system with the following functionalities:
System licensing with installation and training.
Ability to import and export to agency RMS files.
Ability to perform complete analysis of citation reports.
Secure database accessible by appropriate agency personnel.
Ability to export complete citation reports to the local county court.
B. Phase 2 – Program Operations (Throughout Grant Year)
Select vendor for system development, implementation, and installation.
Monitor and oversee progress of system/software development.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30).
Successful project completion and confirmation of successful transmission of crash
reports by the California Highway Patrol is required before submission of invoice claims
seeking reimbursement from OTS.
Prepare and submit quarterly performance reports (due January 30, April 30, July 30, and
October 30).
Collect and report quarterly appropriate data that supports the progress of goals and
objectives.
Provide a summary of quarterly accomplishments and explanations for objectives not
completed.
Collect, analyze, and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
of the grant’s accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
TR23008
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
405c TR-23 20.616 State Traffic Safety Information
System Improvements
$109,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Traffic Crash Database System Interface 405c TR-
23
$24,800.00 1 $24,800.00
Category Sub-Total $24,800.00
D. EQUIPMENT
Complete Traffic Crash Database System 405c TR-
23
$30,200.00 1 $30,200.00
Complete Electronic Citation Data
Collection System
405c TR-
23
$54,000.00 1 $54,000.00
Category Sub-Total $84,200.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $109,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
TR23008
BUDGET NARRATIVE
PERSONNEL COSTS
-
TRAVEL EXPENSES
-
CONTRACTUAL SERVICES
Traffic Crash Database System Interface - Computer programming required to interface crash database with
other existing agency, Records Management Systems, or CHP’s Statewide Integrated Traffic Records
System database allowing the systems to be electronically integrated for transfer of data.
EQUIPMENT
Complete Traffic Crash Database System - A traffic crash database to collect, analyze, and display crash
and enforcement data, including a full featured module for analysis, allowing queries for top ranking lists of
locations, breakdowns by cause, type, injury, conditions, and many other attributes. Queries and Reports will
be provided in a variety of formats including pie charts, bar charts, and summaries. The system provides for
crash mapping on Google Earth, ESRI GIS, or similar mapping products. Costs may include laptop/desktop
computers, software and licenses, printers, accessories, training, and associated shipping and taxes.
Complete Electronic Citation Data Collection System - A traffic citation data collection system, using hand-
held device, to collect citation data electronically in the field, print a violator copy of the citation, and transfer
the information electronically to the agency’s RMS system and the courts for prosecution. The system will be
used by traffic officers to improve the efficiency and accuracy of writing traffic cita tions. Costs may include
the purchase of electronic citation devices, mag-strip readers, fingerprint readers, audio recorders, cameras,
docking/charging stations, software, licenses, accessories, training, and associated shipping and taxes.
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
TR23008
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page,
that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State
rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended
Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94
23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs
2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin) and 49 CFR part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination
on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal aid recipients,
subrecipients and contractors, whether such programs or activities are Federally-funded or
not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing) and 49 CFR parts
37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (prevents discrimination against minority populations
by discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations); and
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (guards against Title VI national origin discrimination/discrimination because of limited
English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that
LEP persons have meaningful access to programs (70 FR 74087-74100).
The Subgrantee-
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Will take all measures necessary to ensure that no person in the United States shall, on the grounds
of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any
other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any of its programs or
activities, so long as any portion of the program is Federally-assisted;
Will administer the program in a manner that reasonably ensures that any of its subrecipients,
contractors, subcontractors, and consultants receiving Federal financial assistance under this
program will comply with all requirements of the Non- Discrimination Authorities identified in this
Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to
comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to
records, accounts, documents, information, facilities, and staff, and to cooperate and comply with
any program or compliance reviews, and/or complaint investigations conducted by US DOT or
NHTSA under any Federal Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter
arising under these Non-Discrimination Authorities and this Assurance;
Agrees to insert in all contracts and funding agreements with other State or private entities the
following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient
agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended
from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities
as required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this contract/funding agreement, the State highway safety agency will have the
right to impose such contract/agreement sanctions as it or NHTSA determine are
appropriate, including but not limited to withholding payments to the contractor/funding
recipient under the contract/agreement until the contractor/funding recipient complies;
and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in
part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and
subagreement and in every solicitation for a subcontract or sub-agreement, that receives
Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the
workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will –
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under
subparagraph (c)(2), with respect to any employee who is so convicted –
1. Taking appropriate personnel action against such an employee, up to and including
termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before
any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the
adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial
of participation in this covered transaction. The prospective primary tier participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation will
be considered in connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary tier participant to furnish a certification or an
explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined that
the prospective primary tier participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary tier participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in
obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include
the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transaction,” provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may pursue available
remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency with which this transaction originated may pursue available remedies,
including suspension or debarment.
Page 77 of 257
8/12/2022 9:48:35 AM Page 12 of 12
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with
Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary
of Transportation determines that such domestically produced items would be inconsistent with the public
interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to
use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides
an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16,
1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally-owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics,
campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,
and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text
messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles,
or privately-owned vehicles when on official Government business or when performing any work on or behalf
of the Government. States are also encouraged to conduct workplace safety initiatives in a manner
commensurate with the size of the business, such as establishment of new rules and programs or re-
evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other
outreach to employees about the safety risks associated with texting while driving.
Page 78 of 257
Cost Proposal
CP 21-29
Crossroads Software
210 W. Birch Street, Suite 207
Brea, CA 92821
Number:
Arroyo Grande Police Department
For:
Item No Item Description Quantity Price AmountTaxable
1 Interface to Upload Collision Report Data and
Documents to the California Highway Patrol
SWITRS System
1 $24,800.00 $24,800.00No
$24,800.00Sub Total
$0.00Sales Tax
$24,800.00Total
7.750%$0.00on
Wednesday, August 17, 2022 Page 1 of 1
ATTACHMENT 3
Page 79 of 257
Cost Proposal
CP 21-30
Crossroads Software
210 W. Birch Street, Suite 207
Brea, CA 92821
Number:
Arroyo Grande Police Department
For:
Item No Item Description Quantity Price AmountTaxable
1 iOS (iPhone/Ipad) Citation System - Site
License
1 $28,500.00 $28,500.00No
2 Desktop Citation Management App (CCM)1 $3,900.00 $3,900.00No
3 Syncing Module (as a Windows Service
application)
1 $3,900.00 $3,900.00No
4 Training and Installation (one training session -
using remote login)
1 $600.00 $600.00No
5 Yearly Maintenance and Support (includes
upgrade to new versions as they become
available)
1 $2,500.00 $2,500.00No
$39,400.00Sub Total
$0.00Sales Tax
$39,400.00Total
7.750%$0.00on
Wednesday, August 17, 2022 Page 1 of 1
Page 80 of 257
Cost Proposal
CP 21-28
Crossroads Software
210 W. Birch Street, Suite 207
Brea, CA 92821
Number:
Arroyo Grande Police Department
For:
Item No Item Description Quantity Price AmountTaxable
1 Crossroads Report Writer for Collision
Reporting
1 $9,800.00 $9,800.00No
2 Training and Installation (one training session -
using remote login)
1 $600.00 $600.00No
3 Crossroads Collision Database Analytics
Program
1 $19,800.00 $19,800.00No
$30,200.00Sub Total
$0.00Sales Tax
$30,200.00Total
7.750%$0.00on
Wednesday, August 17, 2022 Page 1 of 1
Page 81 of 257
Item 8.i.
MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Zak Ayala, Police Commander
Jeremy Burns, Police Sergeant
SUBJECT: Consideration of a Resolution Approving a Grant Agreement with the
Office of Traffic Safety for Traffic/DUI Enforcement
DATE: September 13, 2022
SUMMARY OF ACTION:
Adopt a Resolution authorizing the Chief of Police to execute an agreement with the
California Office of Traffic Safety (OTS) for the receipt of grant funding through the
Selective Traffic Enforcement Program (STEP), which will be used for traffic and DUI
enforcement.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no adverse financial impact to the City of Arroyo Grande to accept the OTS grant.
The annual grant award is for $58,000. The cost of this program will fall into the following
categories: equipment and educational materials ($8,750); training/travel costs ($3,450);
and overtime staffing for operations ($45,800). The cost of equipment purchases, training,
and overtime staffing for operations will be directly reimbursed through the grant. The cost
of time for grant management will be absorbed into the regular duties of the Police
Department Administration and Administrative Services Division of the City.
RECOMMENDATION:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with
the California Office of Traffic Safety (OTS) to help address ongoing traffic safety
concerns and appropriate the funding for the activities ; and 2) Approve a Budget
Amendment Request for FY 2022-23 in the amount of $58,000 to account for the
additional revenue and expenditures related to the grant.
BACKGROUND:
The Arroyo Grande Police Department has accepted grant funding from the California
Office of Traffic Safety (OTS) intermittently in the past. For instance, the Police
Department has hosted the county-wide AVOID the 14 Driving Under the Influence (DUI)
Page 82 of 257
Item 8.i.
City Council
Consideration of a Resolution Approving a Grant Agreement with the Office of
Traffic Safety for Traffic/DUI Enforcement
September 13, 2022
Page 2
grant program funded through OTS and participated as a member of that program every
year it was available. In 2014, OTS restructured its grant programs and eliminated the
large, county-wide grant programs due to the significant costs involved. OTS now offers
smaller grants to the individual agencies with the goal of a more focused program with
easier program management and greater financial accountability. In Fiscal Years 2015 -
16, 2020-21 and 2021-22, the Arroyo Grande Police Department received OTS funding
and managed one of these grants, the Selective Traffic Enforcement Program (STEP).
In Fiscal Year 2021-2022, the City received funding of $50,000 in the form of a STEP
grant. This STEP grant provided funding for enforcement activities including DUI
checkpoints, DUI saturation patrols, distracted driving enforcement, and pedestrian safety
enforcement. The STEP grant also provided funding for traffic enforcement and training
for officers, and funding for the purchase of traffic enforcement equipment, including a
new hand-held LIDAR device and radar trailer.
ANALYSIS OF ISSUES:
The City of Arroyo Grande currently hosts a resident population of approximately 17,924.
However, the City experiences a significant increase in daily population and traffic due to
employment, business and service providers located within Arroyo Grande. Additionally,
the City’s service population is also impacted by the cities immediately ad jacent, making
up the “Five Cities” area. The larger Five Cities area population is approximately 45,000
residents, not including the tourist population, which is estimated at approximately 35,000
a year. Because of the City’s location situated half -way between Los Angeles and San
Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular
Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents
occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only
public high school in the Five Cities area, servicing over 2000 high school students daily.
This causes an increase in the number of inexperienced drivers on the road as well as
bicyclists and pedestrians. Finally, the City has traditionally hosted several special events
throughout the year, such as the Harvest Festival, Halloween, and Christmas in the
Village, which also increase the number of driver’s bicyclists and pedestrians on City
roadways. With the resident, student, and transient tourist populations impacting the
City’s total service population, traffic collisions and traffic incidents have also increased
over the last several years.
An annual review of DUI collisions reveals that DUI incidents usually increase during the
end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends
and the holiday period, Thanksgiving through New Year’s. Other times with identified
increased DUI crimes and collisions include Halloween, Super Bowl Sunday, and local
festivals/events.
Specific to the City of Arroyo Grande, alcohol involved traffic incidents represent a
significant threat to the community. These incidents do not consider factors such as age
Page 83 of 257
Item 8.i.
City Council
Consideration of a Resolution Approving a Grant Agreement with the Office of
Traffic Safety for Traffic/DUI Enforcement
September 13, 2022
Page 3
or economic status and affect the community as a whole; thus law enforcement efforts
need to target the safety of all drivers. The City of Arroyo Grande and the surrounding
beach communities are a desirable destination for tourists and residents. In particular, the
historic Village area consists of numerous restaurants, shops and bars. These qualities
draw large crowds, both vehicular and pedestrian. The community is safer by reducing
the number of DUI drivers on City streets.
Significant progress is made in reducing the frequency of DUI crimes and collisions when
law enforcement agencies conduct awareness campaigns and enforcement efforts. At a
nationwide level, there has been a significant downward trend in traffic deaths over the
last 20 years. However, DUI deaths have not dropped as dramatically. With continued
efforts between law enforcement, community–based organizations, and the media, the
number of DUI fatalities could be decreased.
Through grant funding from OTS, the Arroyo Grande Police Department will be more
successful in educating the public and curbing the problems associated with drunk
driving, traffic violations, and distracted driving. This will increase the safety of
pedestrians, bicyclists and motorists within the City. Accepting the OTS grant will allow
for the purchase of equipment and reimburse overtime staffing directly relating to training,
traffic safety, enforcement of DUI laws, and public education. This will be accomplished
through a variety of means including but not limited to: speed and distracted driving
enforcement operations, advanced training in DUI detection for officers, DUI checkpoints
and public awareness campaigns through educational presentations , and participation in
OTS programs such as the AVOID Campaign (DUI), Pedestrian and Bicycle Safety
Awareness Months, Click-it-or-Ticket, and Distracted Driving Awareness Month.
In the past, grant funding has allowed for the purchase of specialized equipment such as
a DUI Command Trailer, lighting, and safety equipment, and funded overtime positions
for enforcement programs and public education. The goal of the OTS -funded program is
to decrease traffic collisions and incidents of driving under the influence by increasing
public awareness of traffic related incidents including driving under the influence and
increased enforcement of traffic and DUI laws.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution authorizing the Chief of Police to execute the grant document
and appropriate the funding for the activities;
2. Do not adopt the Resolution;
3. Provide other direction to staff.
Page 84 of 257
Item 8.i.
City Council
Consideration of a Resolution Approving a Grant Agreement with the Office of
Traffic Safety for Traffic/DUI Enforcement
September 13, 2022
Page 4
ADVANTAGES:
Accepting the OTS grant will have several advantages. It will fund additional training in
the area of traffic enforcement, DUI detection, and drug impaired driving detection. This
will enhance the knowledge, skills, and abilities and, as a result, the overall effectiveness
of officers in these areas. More importantly, it will reduce City liability by having more
competent officers on daily patrol and participating in enforcement programs.
It will fund equipment not currently in the budget. With the grant funds, additional
equipment can be purchased such as flashlights and lighting equipment , speed
determination devices, and safety equipment such as OSHA approved traffic safety vests.
It will fund overtime for officers to conduct specialized enforcement operations in the
identified areas of concern, such as speed and distracted driving enfo rcement, DUI
saturation patrols, and DUI checkpoints.
Most importantly, the grant will help fund a continuous public awareness campaign for the
year to educate the public on traffic safety issues and driving under the influence.
DISADVANTAGES:
No disadvantages are identified if the recommended action is approved. By not accepting
the grant, the Police Department will not receive additional funding to enhance its current
training programs in the identified areas. This will limit the Police Department’s additional
enforcement programs, training, and equipment and enhanced public education that can
be accomplished with grant funding.
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. Grant Agreement
Page 85 of 257
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AND AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH
THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO
ACCEPT GRANT FUNDING FOR TRAFFIC SAFETY
PROGRAMS AND TO APPROPRIATE THE FUNDING FOR
THE PROGRAM ACTIVITIES
WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to
receive Federal and/or State funding for traffic safety enforcement, education, training
and equipment through the California Office of Traffic Safety (“OTS”); and
WHEREAS, OTS has awarded $58,000 to the Arroyo Grande Police Department for its
Selective Traffic Enforcement Program and requires execution of a grant agreement in
order to obtain the funding; and
WHEREAS, by accepting this grant, funding will allow for the purchase of equipment and
reimburse overtime staffing directly relating to training, traffic safety functions,
enforcement of driving under the influence laws and public education; and
WHEREAS, by accepting this grant, an appropriation of funding will be required for the
activities; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate
authorization to the Chief of Police to execute this grant agreement and any amendments
thereto.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The grant agreement is approved and the Chief of Police is authorized to accept
the grant award in the amount of $58,000 and execute the grant agreement and
amendments thereto with the State of California, Office of Traffic Safety.
2. A Budget Amendment Request for FY 2022-23 in the amount of $58,000 is hereby
approved to account for the additional revenue and expenditures related to the
grant.
On motion of Council Member _________, seconded by Council Member _________,
and on the following roll call vote, to wit:
Page 86 of 257
ATTACHMENT 1
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 13th day of September, 2022.
Page 87 of 257
ATTACHMENT 1
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 88 of 257
8/17/2022 3:25:29 PM Page 1 of 14
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT23082
1.GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2.NAME OF AGENCY 3.Grant Period
Arroyo Grande From:
To:
10/01/2022
09/30/2023 4.AGENCY UNIT TO ADMINISTER GRANT
Arroyo Grande Police Department
5.GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving alcohol and other primary crash factors. The funded strategies may include impaired driving
enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt
enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public
awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These
strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6.Federal Funds Allocated Under This Agreement Shall Not Exceed:$58,000.00
7.TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure
Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)
Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8.Approval Signatures
A.GRANT DIRECTOR B.AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jeremy Burns
Sergeant
jburns@arroyogrande.org
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Michael Martinez
Chief of Police
mmartinez@arroyogrande.org
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
(Signature) (Date) (Signature) (Date)
C.FISCAL OFFICIAL D.AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Nicole Valentine
Administrative Services Director
nvalentine@arroyogrande.org
(805) 473-5400
300 E Branch St.
Arroyo Grande, CA 93420
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
ATTACHMENT 2
Page 89 of 257
8/17/2022 3:25:29 PM Page 2 of 14
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $58,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
$58,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
$58,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
VKFHGF6PKWK7
300 E Branch St
Arroyo Grande
93420-2706
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
Page 90 of 257
8/17/2022 3:25:29 PM Page 3 of 14
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT23082
1. PROBLEM STATEMENT
An annual review of driving under the influence (DUI) crashes reveals that DUI incidents are usually
increased during the end of summer vacation/Labor Day period, Memorial Day, Independence Day
weekends and the holiday period (Thanksgiving through New Years). Other times with identified DUI crimes
and crashes include Halloween, Super Bowl Sunday, Cinco de Mayo, and local festivals/events (Harvest
Festival and Parade, Car Show, Christmas Parade). The Arroyo Grande Village (downtown area) has
several new bars and restaurants which draw large numbers of people on weekend and holiday nights.
The city of Arroyo Grande has a population of approximately 18,000 residents and consists of nearly 6
square miles. However, the city experiences a significant increase in daily population and traffic due to
employment, business and service providers located within Arroyo Grande. Additionally, our service
population is also impacted but the cities immediately adjacent to ours, making up the “Five Cities” area. The
larger Five Cities area population is approximately 45,000 residents, not including the tourist population,
which is estimated at approximately 35,000 per year. Because of our location, situated half-way between
Los Angeles and San Francisco, directly west of Bakersfield, we experience significant increases in traffic,
pedestrian and alcohol related incidents due to our proximity to the beach and the Oceano Dunes Vehicular
recreation area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities
area, servicing over 2000 high school students daily. This causes an increase in the number of
inexperienced drivers on the road as well as bicyclists and pedestrians. With the resident, student and
transient tourist populations impacting our total service population, we have seen increases in traffic crashes
and traffic incidents over the last several years.
The City of Arroyo Grande business community provides full services including gasoline sales, hotels and
restaurants. The Highway 101 is a main artery which is routed through the center of the City used for access
by those utilizing the City’s services.
Significant progress is made in reducing the frequency of DUI crimes and crashes when law enforcement
agencies conduct awareness campaigns and enforcement efforts. At a Nationwide level, traffic deaths have
declined. With a best practice and focused enforcement plan through the Selective Traffic Enforcement
Program, the Arroyo Grande Police Department will be more successful in curbing the problems associated
with intoxicated drivers, speeding vehicles, right of way violators, other aggressive driving, distracted driving,
auto theft, and an increased pedestrian and bicyclist safety program. The Department has encouraged
patrol officers and traffic officers to focus enforcement on reducing the alcohol and speed related crashes,
along with increased pedestrian and bicyclist safety.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
Page 91 of 257
8/17/2022 3:25:29 PM Page 4 of 14
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
1
2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter
Mobilization; Quarter 3: National Distracted Driving Awareness Month, National
Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket
Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger
Safety Week, and California's Pedestrian Safety Month.
10
3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol
and traffic officers to be on the lookout for identified repeat DUI offenders with a
suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs
should be distributed to patrol and traffic officers monthly.
12
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety
Testing (SFST) (minimum 16 hours) POST-certified training.
1
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
Driving Enforcement (ARIDE) 16 hour POST-certified training.
2
6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1
7. Send law enforcement personnel to the DRE Recertification training. 1
8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To
enhance the overall deterrent effect and promote high visibility, it is recommended
the grantee issue an advance press release and conduct social media activity for
each checkpoint. For combination DUI/DL checkpoints, departments should issue
press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs
for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead."
OTS does not fund or support independent DL checkpoints. Only on an exception
basis and with OTS pre-approval will OTS fund checkpoints that begin prior to
1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or
ARIDE-trained.
2
9. Conduct DUI Saturation Patrol operation(s). 10
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary
crash factor violations.
6
11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting
drivers using hand held cell phones and texting.
2
12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
3
13. Conduct Traffic Safety educational presentation(s) with an effort to reach
community members. Note: Presentation(s) may include topics such as distracted
driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger
safety.
2
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)
The department will develop operational plans to implement the “best practice” strategies
outlined in the objectives section.
All training needed to implement the program should be conducted this quarter.
All grant related purchases needed to implement the program should be made this quarter.
In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of
the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI
convictions. The Hot Sheets may include the driver’s name, last known address, DOB,
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description, current license status, and the number of times suspended or revoked for DUI. DUI
BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high
crash locations.
Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of
the grant by November 15, but no sooner than October 1. The kick-off release must be approved
by the OTS PIO and only distributed after the grant is fully signed and executed. If you are
unable to meet the November 15 deadline to issue a kick-off press release, communicate
reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts,
storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO
at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7
days before the scheduled release but at least 3 business days prior to the scheduled release
date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency
understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any
cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is
distributed to the media and public, such as a press release, educational material, or link to social
media post. The OTS-supplied kick-off press release templates and any kickoff press releases
are an exception to this policy and require prior approval before distribution to the media and
public.
If an OTS-supplied template, educational material, social media graphic, post or video is
substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval
and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled
release date, but at least 3 business days prior to the scheduled release date for review and
approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting
immediate and time-sensitive grant activities (e.g. enforcement operations, day of event
highlights or announcements, event invites) are exempt from the OTS PIO approval process. The
OTS PIO and your Coordinator should still be notified when the grant-related activity is
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints,
etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are
embargoed or could impact operations by publicizing in advance are exempt from the PIO
approval process. However, announcements and results of activities should still be copied to the
OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with
“INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a
specific grant objective, using OTS grant funds, or designed and developed using contractual
services by a subgrantee, requires prior approval. Please send to the OTS PIO at
pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the
scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving
Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are
highly encouraged but do not require prior approval.
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Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters,
scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS
Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety,
through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or
earned social media campaign grant objective; consult your OTS Coordinator for specifics,
format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in
advance, or when first confirmed, a short description of any significant grant-related traffic safety
event or program, particularly events that are highly publicized beforehand with anticipated media
coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including
any media coverage (broadcast, digital, print) of event within 7 days following significant grant-
related event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any
educational or informational materials that received PIO approval in a prior grant year needs to
be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the
above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and
October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. Include status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
of the grant’s accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT23082
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$30,000.00
402PT-23 20.600 State and Community Highway
Safety
$28,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $6,000.00 2 $12,000.00
DUI Saturation Patrols 164AL-23 $1,600.00 10 $16,000.00
Traffic Enforcement 402PT-23 $1,600.00 6 $9,600.00
Distracted Driving 402PT-23 $1,500.00 2 $3,000.00
Pedestrian and Bicycle Enforcement 402PT-23 $1,500.00 3 $4,500.00
Traffic Safety Education 402PT-23 $350.00 2 $700.00
Category Sub-Total $45,800.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $3,450.00 1 $3,450.00
$0.00
Category Sub-Total $3,450.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $2,000.00 1 $2,000.00
Radar Device 402PT-23 $2,000.00 2 $4,000.00
Lidar Device 402PT-23 $2,750.00 1 $2,750.00
Category Sub-Total $8,750.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $58,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT23082
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. Anticipated travel may include the OTS Law Enforcement Traffic Safety Forum. All
conferences, seminars or training not specifically identified in the Budget Narrative must be approved by
OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals
provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include
28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),
traffic counters (maximum of 2), generator, gas for generators, lighting, r eflective banners, electronic flares,
PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be
reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Radar Device - To measure the speed of motor vehicles. This device will be used for speed enforcement.
Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device
will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
objectives here under.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT23082
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page,
that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State
rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended
Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94
23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs
2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards
2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin) and 49 CFR part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination
on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal aid recipients,
subrecipients and contractors, whether such programs or activities are Federally-funded or
not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing) and 49 CFR parts
37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (prevents discrimination against minority populations
by discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations); and
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency (guards against Title VI national origin discrimination/discrimination because of limited
English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that
LEP persons have meaningful access to programs (70 FR 74087-74100).
The Subgrantee-
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Will take all measures necessary to ensure that no person in the United States shall, on the grounds
of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any
other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any of its programs or
activities, so long as any portion of the program is Federally-assisted;
Will administer the program in a manner that reasonably ensures that any of its subrecipients,
contractors, subcontractors, and consultants receiving Federal financial assistance under this
program will comply with all requirements of the Non- Discrimination Authorities identified in this
Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to
comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to
records, accounts, documents, information, facilities, and staff, and to cooperate and comply with
any program or compliance reviews, and/or complaint investigations conducted by US DOT or
NHTSA under any Federal Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter
arising under these Non-Discrimination Authorities and this Assurance;
Agrees to insert in all contracts and funding agreements with other State or private entities the
following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient
agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended
from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-
discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities
as required by the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination
provisions in this contract/funding agreement, the State highway safety agency will have the
right to impose such contract/agreement sanctions as it or NHTSA determine are
appropriate, including but not limited to withholding payments to the contractor/funding
recipient under the contract/agreement until the contractor/funding recipient complies;
and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in
part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and
subagreement and in every solicitation for a subcontract or sub-agreement, that receives
Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the
workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be
given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will –
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in
the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under
subparagraph (c)(2), with respect to any employee who is so convicted –
1. Taking appropriate personnel action against such an employee, up to and including
termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through
implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions;
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under
grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before
any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the
adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial
of participation in this covered transaction. The prospective primary tier participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation will
be considered in connection with the department or agency's determination whether to enter into this
transaction. However, failure of the prospective primary tier participant to furnish a certification or an
explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined that
the prospective primary tier participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary tier participant learns
its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in
obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include
the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered
Transaction,” provided by the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
government, the department or agency with which this transaction originated may pursue available
remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which
this proposal is submitted if at any time the prospective lower tier participant learns that its
certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of
those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the
clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows
that the certification is erroneous. A participant is responsible for ensuring that its principals are not
suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the
eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each
participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the Federal government,
the department or agency with which this transaction originated may pursue available remedies,
including suspension or debarment.
Page 101 of 257
8/17/2022 3:25:29 PM Page 14 of 14
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with
Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary
of Transportation determines that such domestically produced items would be inconsistent with the public
interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of
domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to
use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides
an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16,
1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally-owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics,
campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,
and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text
messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles,
or privately-owned vehicles when on official Government business or when performing any work on or behalf
of the Government. States are also encouraged to conduct workplace safety initiatives in a manner
commensurate with the size of the business, such as establishment of new rules and programs or re-
evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other
outreach to employees about the safety risks associated with texting while driving.
Page 102 of 257
Item 8.j.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Jill McPeek, Capital Improvement Project Manager
SUBJECT: Consider Adoption of a Resolution Pursuant to Public Contract Code
(PCC) Section 20168 and Authorizing Contracting Without a
Competitive Solicitation for Bids Pursuant to PCC Section 22050 for
FCFA Station 1 Emergency Generator Replacement Project
DATE: September 13, 2022
SUMMARY OF ACTION:
Adoption of the Resolution will allow for accelerated replacement of the emergency
generator at the Five Cities Fire Authority (FCFA) Station 1 by eliminating the formal bid
process.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The FY 2021-22 and FY 2022-23 Capital Improvement Program (CIP) budgets included
$680,018 ($46,780 General Fund, $318,738 Sales Tax Funds, and $314,500 of California
Nuclear Power Preparedness (NPP) Program funding) for the subject project. The
engineer’s construction cost estimate for the project is currently $646,453. FCFA staff will
seek to secure the NPP funding upon completion of the construction documents and
associated engineer’s construction cost estimate . It is now anticipated that NPP funding
will cover approximately 50% or $323,277. Staff time will be necessary to coordinate
construction activities with the contractor and special inspectors.
RECOMMENDATION:
1) Adopt a Resolution finding that an emergency exists within the City related to the
replacement of the emergency generator at the Five Cities Fire Authority Fire Station 1
and authorizing contracting without a competitive solicitation for bids; and 2) Authorize
the City Manager, or designee, to execute a contract with a qualified contractor for
construction of the project.
BACKGROUND:
The City of Arroyo Grande owns the FCFA Station 1 building at 140 Traffic Way, and in
accordance with the FCFA Joint Exercise of Powers Agreement between the Cities of
Page 103 of 257
Item 8.j.
City Council
Consider Adoption of a Resolution Pursuant to Public Contract Code (PCC)
Section 20168 and Authorizing Contracting Without a Competitive Solicitation for
Bids Pursuant to PCC Section 22050 for FCFA Station 1 Emergency Generator
Replacement Project
September 13, 2022
Page Number
Arroyo Grande and Grover Beach and the Oceano Community Services District, the City
remains responsible for insurance and maintenance of the fire station (Section 8 A). FCFA
Station 1 is considered an essential services building in accordance with Section 16007
of the California Health and Safety Code. The California Legislature has determined that
buildings providing essential services should be capable of providing those services to
the public after a disaster. In order to do so, power from an emergency generator is
needed in the event of power loss due to a power outage.
On October 12, 2021, the City Council approved an Agreement for Consultant Services
with Salas O’Brien for design and construction phase services, including continuous
construction inspection, for the replacement of the permanent emergency generator and
associated transfer switches, and installation of a properly sized connector for a portable
generator as a backup to the emergency generator at Fire Station 1. Since this time, staff
has been working with Salas O’Brien to determine generator sizing to power the entire
building and to complete the construction documents. The construction documents are
currently at 95% completion.
At the time of Council’s approval of the design and construction phase services, it was
assumed that upon completion of the construction documents, staff would present the
item to Council to evaluate overall probable costs and to consider approving the design
and authorizing the solicitation of construction bids.
However, since that time, the current emergency generator has become completely non-
functional, rendering the FCFA Station 1 building with no back-up power. On the evening
of July 8, 2022, there was a power outage that included the FCFA Station 1 building. The
entire building was without power, impacting the ability to provide emergency 9-1-1
services to the community. The power outage affected:
Apparatus Bay Doors – Unlike residential garage door openers, crews had to climb
ladders in the dark to manually disable the bay door openers in order to gain access
to emergency response vehicles.
Station Alerting – All communications were shut down, impacting the crew’s ability to
receive emergency calls for service.
Lighting – There was no lighting throughout the entire facility.
Communications/IT Server room – Without power, there was an inability to charge
battery powered equipment (portable radios, thermal imaging cameras, etc.).
While power was restored to the station within minutes and no negative results occurred
because of this specific incident, the lack of a working generator created a serious risk to
the community. This prompted an immediate interim course of action where the non-
functioning emergency generator was removed and a portable generator was put in its
place and connected directly to an existing electrical panel that provides minimum power
needs. This immediate action provided two things: 1) it did not require additional wiring
Page 104 of 257
Item 8.j.
City Council
Consider Adoption of a Resolution Pursuant to Public Contract Code (PCC)
Section 20168 and Authorizing Contracting Without a Competitive Solicitation for
Bids Pursuant to PCC Section 22050 for FCFA Station 1 Emergency Generator
Replacement Project
September 13, 2022
Page 3
from the building’s electrical panel that would be essentially be throw away work, and 2)
allows for the opening of the vehicle bay doors and some lighting but does not provide
power to the server room or the station alerting system, which are critical needs.
ANALYSIS OF ISSUES:
Normally, the Public Contract Code (PCC) requires a competitive solicitation for bids on
all public works projects. However, PCC Section 20168 allows the Council to adopt a
Resolution by four-fifths vote declaring that the public interest and necessity demand the
immediate expenditure of public money to safeguard life, health or property. In addition,
pursuant to this section and PCC Section 22050, in the case of an emergency, the Council
by a four-fifths vote may procure the necessary services to repair a public facility without
giving notice for bids. PCC Section 1102 defines an emergency as a sudden, unexpected
occurrence that poses a clear and imminent danger, requiring immediate action to prevent
or mitigate the loss or impairment of life, health, property, or essential public services.
In this case, there is an imminent danger to public health and safety for various reasons
including, without limitation, the delay of public safety services during the event of a power
outage as the emergency generator is no longer functional. Without an emergency
generator, emergency 9-1-1 services provided FCFA Station 1 become impaired and/or
delayed which poses a serious risk to the community as response time is critical in the
event of an emergency situation
. If the project were to go through the formal bid process, it is estimated that the project
would be advertised in October 2022, a construction contract awarded in November 2022,
and start of construction in January 2023. This would result in approximately four months
before the start of construction while the station remains without the critical power needed
for an essential service building.
Should the Council adopt a Resolution finding that an emergency exists within the City
and authorizing contracting without a competitive solicitation for bids, upon completion of
the plans, staff can immediately contract with a qualified contractor and the start of
construction could begin as early as October 2022, a time savings of about three months.
While not necessary under an emergency finding, it is staff’s intention to contact three
qualified contractors to obtain quotes to ensure the best pricing possible before entering
into a contract. It is further intended that the selected contractor begin work immediately
on the installation of a portable generator docking station that powers the entire station.
This will allow for the portable generator to be moved over to and plugged into the new
docking station thereby fully powering FCFA Station 1 while site preparations are made
along with the ordering, delivery, and installation of a permanent emergency generator.
Adopting the proposed Resolution will ratify the emergency, authorize staff to execute the
appropriate contract with a qualified contractor, and ensure that the contractor will be
properly compensated for its emergency response and repair.
Page 105 of 257
Item 8.j.
City Council
Consider Adoption of a Resolution Pursuant to Public Contract Code (PCC)
Section 20168 and Authorizing Contracting Without a Competitive Solicitation for
Bids Pursuant to PCC Section 22050 for FCFA Station 1 Emergency Generator
Replacement Project
September 13, 2022
Page 4
It should be noted that Public Contract Code Section 22050 requires that after proceeding
with an emergency project, the City Council will also need to review the emergency action
at its next regularly scheduled meeting and at every regularly scheduled meeting
thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a
need to continue the action. Therefore, staff will be returning to the City Council with
updates as required by the statute.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Modify and approve staff’s recommendation;
3. Do not approve staff’s recommendations and direct staff to proceed through the formal
bid process; or
4. Provide other direction to staff.
ADVANTAGES:
Adoption of the Resolution will allow the City to immediately enter into a contract with a
qualified contractor to install a replacement emergency generator at the FCFA Station 1,
an essential services building, without the delays that would occur if the project were to
be formally bid, including the completion of work necessary to enable a temporary
generator to power immediate needs at the station during a power outage.
DISADVANTAGES:
None identified at this time.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guideline Section 15302(c) covering the replacement of existing utility
systems involving negligible or no expansion of capacity.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachment:
1. Proposed Resolution
Page 106 of 257
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING AN EMERGENCY AND
AUTHORIZING THE IMMEDIATE EXPENDITURE OF
FUNDS TO REPLACE THE EMERGENCY GENERATOR
AT THE FIVE CITIES FIRE AUTHORITY STATION 1
WHEREAS, the City of Arroyo Grande (the “City”) owns the Five Cities Fire Authority (the
“FCFA”) Station 1 building at 140 Traffic Way; and
WHEREAS, in accordance with the FCFA Joint Exercise of Powers Agreement between
Arroyo Grande, Grover Beach and Oceano, the City remains responsible for insurance
and maintenance of the fire station (Section 8 A); and
WHEREAS, FCFA Station 1 is considered an essential services building in accordance
with Section 16007 of the California Health and Safety Code ; and
WHEREAS, the California Legislature has determined that buildings providing essential
services should be capable of providing those services to the public after a disaster and
in order to do so, power from an emergency generator is needed in the event of power
loss due to a power outage; and
WHEREAS, the emergency generator at Station 1 had become completely non-functional
rendering the FCFA Station 1 building with no back-up power; and
WHEREAS, a portable generator has been placed at the FCFA Station 1 to allow for the
opening of the vehicle bay doors and some lighting, but it does not provide power to the
server room or the station alerting system, which are critical needs; and
WHEREAS, the City Council finds in this case, there is an imminent danger to public
health and safety for various reasons including the delay of public safety services during
the event of an emergency; and
WHEREAS, the City Council further finds that pursuant to Public Contract Code Section
20168, the immediate replacement of the emergency generator is necessary in order to
protect the public health, safety and welfare and will not permit a delay resulting from a
competitive solicitation for bids and that prompt action, including authorization to expend
all funds required for such replacement without competitive bidding, is necessary to
respond to the emergency described herein; and
WHEREAS, pursuant to Public Contract Code Section 22050, the City Council deems it
is in the public interest to immediately autho rize the expenditure of City funds needed to
safeguard the health, safety and welfare in order to proceed immediately with the
replacement of the emergency generator.
Page 107 of 257
ATTACHMENT 1
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE that the public interest and necessity demand the immediate
expenditure of funds to safeguard the public health, safety and welfare, without strict
compliance with the provisions of the Public Contract Code.
BE IT FURTHER RESOLVED, that the City Manager is authorized to enter into any
contract or agreement in order to immediately replace the emergency generator at FCFA
Station 1, and to report back to the City Council regarding said activity at its next regularly
scheduled meeting, pursuant to Public Contract Code Section 22050. All acts of the City
Manager in addressing this emergency taken prior to the effective date hereof are hereby
duly ratified by the City Council.
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 13th day of September, 2022.
Page 108 of 257
ATTACHMENT 1
___________________________________
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 109 of 257
Item 8.k.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Jill McPeek, Capital Improvement Project Manager
SUBJECT: Consideration of Acceptance of the 2021 Street Repairs Project, PW
2021-01
DATE: September 13, 2022
SUMMARY OF ACTION:
Accept the 2021 Street Repairs Project and begin the one-year warranty period for
defects that may arise.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The final contract and change orders resulted in a total construction cost of $2,255,375.22
to the City, $2,120,926.49 for the direct contract amount and $134,448.73 for additional
material quantities placed and field change orders. The contract was included as part of
the FY 2021-22 Capital Improvement Program budget and was funded by Urban State
Highway Account (USHA), Senate Bill 1 (SB1) and Local Sales Tax funds, and General
Fund Reserves. The recommended action will not impact staff resources.
RECOMMENDATION:
1) Accept the project improvements as constructed by Ferravanti Grading & Paving in
accordance with the plans and specifications for the 2021 Street Repairs Project, PW
2021-01; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of
retention, thirty-five (35) days after the Notice of Completion has been re corded, if no
liens have been filed.
BACKGROUND:
On December 14, 2021, the City Council awarded a construction contract to perform the
2021 Street Repairs Project to Ferravanti Grading & Paving in the amount of
$2,120,926.49 and authorized the City Manager to approve change orders in the amount
of $ 212,092.65. The contractor’s final construction cost for the project is $2,255,375.22.
The 2021 Street Repairs project consisting of correcting base failures (digouts) and
alligator cracking on the following street segments:
Page 110 of 257
Item 8.k.
City Council
Consideration of Acceptance of the 2021 Street Repairs Project, PW 2021-01
September 13, 2022
Page 2
Street Segment From To
1. Valley Road Sunrise Terrace Los Berros Creek Bridge
2. Corbett Canyon Road State Route 227 City Limits (n/o Gularte Rd)
3. Fair Oaks Avenue South Halcyon Road Fred Grieb Bridge
4. Wesley Street End of Street (n/o Larchmont Dr) West Branch Street
5. Vernon Street End of Street (n/o of Larchmont Dr) West Branch Street
6. South Elm Street The Pike City Limits (s/o Paul Place)
7. East Grand Avenue Halcyon Road El Camino Real
8. North Halcyon Road El Camino Real East Grand Avenue
9. South Elm Street Ash Street Farroll Avenue
10. South Elm Street Farroll Avenue The Pike
11. Rancho Parkway James Way West Branch Street
ANALYSIS OF ISSUES:
The contractor has completed the work in accordance with the approved plans and
specifications within the contract time, under the available budget, and there are no
outstanding issues. It is, therefore, recommended that the City accept the 2021 Street
Repairs Project and begin the one-year warranty period for defects that may arise.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Accept the 2021 Street Repairs project;
2. Do not accept the project;
3. Accept the project but do not authorize release of retention; or
4. Provide other direction to staff.
ADVANTAGES:
The project is complete and accepting the improvements will allow staff to close out the
project. Correcting base failures (digouts) and alligator cracking help s to extend the
service life of the treated street segments.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required to accept the project
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 111 of 257
Item 8.k.
City Council
Consideration of Acceptance of the 2021 Street Repairs Project, PW 2021-01
September 13, 2022
Page 3
Attachments:
1. Notice of Completion
2. December 14, 2021, Staff Report and Attachment
Page 112 of 257
ATTACHMENT 1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF ARROYO GRANDE
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below.
2. The FULL NAME of the OWNER is: The City of Arroyo Grande
3. The FULL ADDRESS of the OWNER is: 300 East Branch Street, Arroyo Grande, California 93420
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as
JOINT TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR’S in interest of the undersigned if the property was
transferred subsequent to the commencement of the work of improvements herein referred to:
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED July 25, 2022
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
Ferravanti Grading and Paving
9. The street address of said property is: Various streets within the City of Arroyo Grande, CA
10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo,
State of California, and is described as follows: 2021 Street Repairs, PW 2021-01
Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California
that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the
said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct.
_________________________________________________
Bill Robeson, Assistant City Manager/Public Works Director
September 13, 2022, Arroyo Grande, California
-- END OF DOCUMENT --
Page 113 of 257
ATTACHMENT 2
Attachment 2 - Staff Report from the December 14, 2021 and attachment are available
as a link: Staff Report from the December 14, 2021 and attachment
Page 114 of 257
Item 8.l.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Consideration of Resolution Authorizing Refund of Planning
Commission Appeal Fees to the Appellants of Vacation Rental Permits
Approved for 263-D Spruce Street and 1170 Linda Drive
DATE: September 13, 2022
SUMMARY OF ACTION:
Adoption of the proposed Resolution would allow the City to refund Planning Commission
appeal fees to the appellants for vacation rental permits approved for 263-D Spruce Street
and 1170 Linda Drive.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Refunding Planning Commission appeal fees for the two subject appeals will result in a
reduction in revenues of $982.
RECOMMENDATION:
Adopt a Resolution approving a refund of the Planning Commission appeal fees to the
appellants of the vacation rental permits approved for 263-D Spruce Street and 1170
Linda Drive.
BACKGROUND:
On June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation
rentals and homestays (collectively known as short-term rentals, or “STR”s) as permitted
land uses in the City’s residential zoning districts, subject to the approval of a Minor Use
Permit-Plot Plan Review. Under this review process, an STR is submitted as a Minor Use
Permit – Plot Plan Review and is reviewed by staff, with approval by the Community
Development Director. Notification of the Director’s approval is mailed to all property
owners within 300 feet of the STR, is posted on the Planning Commission’s agenda, and
is appealable to the Planning Commission with an appeal fee. Per Arroyo Grande
Municipal Code Section 16.12.155, a notice of administrative decision for Minor Use
Permits, including any approvals, denials or referrals by the Community Development
Director, shall be reported on the Planning Commission agenda . This same section also
states that a public hearing can be required if an administrative decision is appealed or
called up for review by the Planning Commission through a majority vote. The Planning
Page 115 of 257
Item 8.l.
City Council
Consideration of Resolution Authorizing Refund of Planning Commission Appeal
Fees to the Appellants of Vacation Rental Permits Approved for 263 -D Spruce
Street and 1170 Linda Drive
September 13, 2022
Page 2
Commission must specify the issues to be reviewed at the meeting at which the notice of
administrative decision is presented to it, and then hear and determine a decision on the
item in the same manner as any other appeal.
ANALYSIS OF ISSUES:
Due to the infrequency of Planning Commission meetings during the COVID-19
pandemic, approvals began to be reported along with the cancellation notice for the
cancelled Planning Commission meeting, rather than strictly on scheduled meeting
agendas. Concerns were later raised regarding this practice during appeal hearings for
STRs. Staff has since made a procedural change in response to this concern to require
all notices of administrative approval to be placed on Planning Commission agendas for
meetings that are held. Prior to this change, however, the appeals for 263 -Spruce Street
and 1170 Linda Drive were originally reported on cancelled Planning Commission
meetings of November 2, 2021 and July 20, 2021, respectively. A third vacation rental at
1562 Strawberry Avenue was also reported on a cancelled Planning Commission meeting
and appealed to the Planning Commission on December 7, 2021 , where the appeal was
denied. The appellant then appealed the Planning Commission’s decision to the City
Council on February 8, 2022, where it was subsequently denied. At the February 8, 2022
hearing, the City Council directed staff to refund the appellant ’s Planning Commission
appeal fee of $491 due to errors in the notification of surrounding property owners from
the original approval. A refund was issued to the appellant in February 2022.
At the August 23, 2022 City Council meeting during the Council Communications portion
of the agenda, Mayor Ray Russom noted staff’s change in policy to not post STR
approvals on cancelled Planning Commission agendas, and that some appellants paid
an appeal fee of $491 each prior to this time, without the ability to mak e public comment
to the Planning Commission and request that it consider appealing the STR approval,
and allow potential appellants the ability to avoid paying the appeal fee . A request was
made to place an item on a future agenda to consider refunding app eal fees for those
who had appealed STR approvals that were placed on cancelled Planning Commission
agendas. Mayor Pro Tem George seconded the request. Staff has reviewed its records
and confirmed that a total of three appeals were filed regarding STRs app roved on
cancelled Planning Commission agendas – (1) 263-D Spruce Street, (2) 1170 Linda
Drive, and (3) 1562 Strawberry Avenue. The $491 appeal fee associated with the
approval of the STR permit at 1562 Strawberry Avenue was refunded to the appellants
by direction of the City Council. The two remaining appeal fees are proposed to be
refunded by action of the attached Resolution (Attachment 1).
Page 116 of 257
Item 8.l.
City Council
Consideration of Resolution Authorizing Refund of Planning Commission Appeal
Fees to the Appellants of Vacation Rental Permits Approved for 263 -D Spruce
Street and 1170 Linda Drive
September 13, 2022
Page 3
ALTERNATIVES:
The following alternatives are presented for City Council consideration:
1. Adopt the Resolution, granting a refund of Planning Commission appeal fees to
the appellants of two vacation rental permits for 263-D Spruce Street and 1170
Linda Drive;
2. Do not adopt the Resolution; or
3. Provide other direction to staff.
ADVANTAGES:
Approving the requested fee refund will return funds to the appellants in the amount of
$491 each, or a total of $982.
DISADVANTAGES:
Approving the requested fee refund will result in a loss of revenue to the City in the amount
of $982.
ENVIRONMENTAL REVIEW:
None required for refund of fees.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachment:
1. Proposed Resolution
Page 117 of 257
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE PROVIDING FOR AN ACCESSORY
DWELLING UNIT FEE WAIVER PROGRAM
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC) contains
the City’s regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units
(collectively, “ADUs”) consistent with the requirements of Government Code Sections
65852.2 and 65852.22, and ADUs present an opportunity to develop more affordable
housing in the City; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to further the policies,
goals and programs of the Housing Element of the City's General Plan and to help
facilitate the development of affordable housing within the City by creating an ADU Fee
Waiver Program under which building permit fees and utility connection fees can be
waived for ADUs that are 500 square feet o r less and the property owners agree to rent
the ADU to either low income or very low income households; and
WHEREAS, the City Council finds that providing a variety of housing options to workers
of all income levels is socially and economically beneficial to the City and its residents;
and
WHEREAS, to the extent that building permit fees and utility connection fees present a
barrier to the development of affordable ADUs, the ADU Fee W aiver Program will provide
an incentive to their construction and making them available to low-income or very low-
income households.
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. ADU FEE WAIVER PROGRAM.
City Staff is hereby authorized to implement an ADU Fee Waiver Program. Building
permit fees and utility connection fees for Accessory Dwelling Units of 500 square feet or
less shall be waived when:
A. The property owner agrees to rent the ADU to either a low-income household for
a period of ten (10) years, or a very low-income household for a period of seven
(7) years. Prior to receiving a building permit, the ADU owners shall execute and
record an “Accessory Dwelling Unit Affordable Housing Declaration of Covenants
and Land Use Restrictions - Fee Waivers” in a form approved by the City Attorney.
B. In implementing this ADU Fee W aiver program, the City shall rely on affordable
Page 118 of 257
RESOLUTION NO.
PAGE 2
rental limits established by San Luis Obispo County and published each month.
C. The Accessory Dwelling Unit Affordable Housing Declaration of Covenants and
Land Use Restrictions - Fee Waivers, shall provide that the property owner shall
annually provide the City with evidence that rents collected comply with affordable
limits.
D. Money from the City or Arroyo Grande Inclusionary Housing Affordable Housing
Trust Fund shall be used to offset and recoup the revenue that otherwise would
have been due to the City for building and connection fees as a result of the ADU
Fee Waiver Program. Staff shall provide an annual update to the Council on the
status of the Program and impacts to the Trust Fund.
SECTION 3. 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 4. This Resolution shall be effective immediately upon its adoption.
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 13th day of September, 2022.
Page 119 of 257
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 120 of 257
Item 8.m.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of a Grant Agreement with Smart Share Housing
Solutions for Public Outreach, Education, and Project Management to
Facilitate Development of Accessory Dwelling Units in Arroyo Grande
DATE: September 13, 2022
SUMMARY OF ACTION:
Approval of a Grant Agreement (Agreement) with Smart Share Housing Solutions (SSHS)
to stimulate the development of accessory dwelling units (ADUs).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Funding in the amount of $37,887 was allocated for this work effort from American Rescue
Plan Act (ARPA) funds received by the City.
RECOMMENDATION:
Review the proposal from SSHS and authorize the City Manager to execute an
Agreement between the City and SSHS for public outreach, education, and project
management and demonstration to facilitate the development of ADUs in the City.
BACKGROUND:
In 2021, the City was allocated $4,300,241 in ARPA funding from the federal government.
To support the immediate pandemic response, bring back jobs, and lay the groundwork
for a strong and equitable recovery, ARPA established the Coronavirus State and Local
Recovery Fund, designed to deliver $350 billion to state, local, territorial, and Trib al
governments to bolster their response to the COVID-19 emergency and recover from the
economic impacts caused by the public health crisis. The United States Treasury has
issued rules detailing how ARPA funds may be used. One such use includes affordable
housing programs provided to households, businesses, or populations disproportionately
Page 121 of 257
Item 8.m.
City Council
Consideration of a Grant Agreement with Smart Share Housing Solutions for
Public Outreach, Education, and Project Management to Facilitate Development of
Accessory Dwelling Units in Arroyo Grande
September 13, 2022
Page 2
impacted by the COVID-19 public health emergency. Additionally, ARPA funds may be
provided to nonprofit organizations to address impacts associated with the pandemic.
SSHS is a non-profit organization focused on developing housing solutions that add to
the stock of attainable, sustainable housing. The organization submitted a request for a
portion of the City’s available ARPA funding to support a pilot program designed to
increase the production of accessory dwelling units. At its meeting on October 12, 2021,
the City Council allocated $37,887 of the City’s ARPA funding to support SSHS’s pilot
program. Following this action, City staff worked with SSHS to review a refined proposal
that would utilize the ARPA funding to increase ADU development for lower income
households in Arroyo Grande.
The program proposes to provide education and outreach, technical assistance, project
management services, affordability advocacy, len ding and finance support, tenant
screening and management assistance, and research, innovation, and community
partnership support to increase the development of new ADUs in the City. The program
recognizes the City’s reliance on ADUs to meet low- and moderate-income housing goals
identified in the City’s Housing Element and strives to assist the City to reach those goals.
ANALYSIS OF ISSUES:
The project proposed by SSHS would consist of two main components: public outreach/
education and a demonstration project. Public outreach is intended to explain the what,
how, and why as it relates to ADU creation. The program proposes to mail postcards to
senior and low-income property owners highlighting the City’s pre -approved ADU plans
and opportunities, California Housing Finance Agency (Cal HFA) grant opportunities,
future workshops, and links to the organization’s web resources. Information about the
City’s Fee Waiver Program, if enacted by Council, would also be included. W orkshops
hosted by SSHS will explain available options to develop an ADU, such as new
construction, garage conversions, and use of pre-approved plans. A webinar and printed
informational materials will serve as a separate means of transmitting information.
Webinars will explain the permitting process involved with each option, costs, and rental
limits to ensure the affordability of the units. Informational and marketing materials
developed as part of the pre-approved ADU plan program will also be incorporated into
the public outreach component. The intended audience would be homeowners, realtors,
contractors, and housing advocates.
The demonstration component of the program will consist of either a garage conversion
or construction of an ADU using the pre-approved ADU plans. The intent of the
demonstration is to illustrate the time and costs associated with an ADU project. The
demonstration project will also be an opportunity for SSHS to act as a project manager to
assist the homeowner through the permitting and construction pro cess. The project will
be made available for tours upon its completion, allowing homeowners that are
Page 122 of 257
Item 8.m.
City Council
Consideration of a Grant Agreement with Smart Share Housing Solutions for
Public Outreach, Education, and Project Management to Facilitate Development of
Accessory Dwelling Units in Arroyo Grande
September 13, 2022
Page 3
considering creating an ADU the opportunity to see the possibilities. As project manager,
SSHS will also assist the participating homeowner with project design and submittal, Cal
HFA qualification assistance, and contractor vetting and coordination. SSHS will assist in
the drafting of contracts and leases for potential tenants to ensure affordability conditions
are met.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve and authorize the City Manager to execute a Grant Agreement between
the City and SSHS for public outreach, education, and project management and
demonstration to facilitate the development of ADUs in the City;
2. Modify and approve the Grant Agreement and authorize its execution;
3. Do not approve the Grant Agreement; or
4. Provide other direction to staff.
ADVANTAGES:
Approval of the Agreement will allow SSHS to carry out its program to facilitate the
creation of ADUs in the City, increasing housing opportunities for low- and moderate-
income households. The program will assist towards meeting housing goals and
implementing programs established in the Housing Element.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for authorization of the Agreement.
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 Grant Agreement
Page 123 of 257
ATTACHMENT 1
GRANT AGREEMENT
THIS GRANT AGREEMENT (“Agreement”), is made and effective as of ____________,
2022 (the “Effective Date”), by and between the City of Arroyo Grande, a municipal
corporation (“Grantor” or “City”), and Smart Share Housing Solutions, a California non-
profit corporation (“Grantee”).
RECITALS
WHEREAS, Grantor desires to provide funding received through the American
Rescue Plan Act (ARPA) to support the development of affordable housing for individuals
and families disproportionately impacted by the COVID-19 pandemic; and
WHEREAS, Grantee is a non-profit corporation focused on supporting the
development of accessory dwelling units (ADUs) in the Arroyo Grande region ; and
WHEREAS, the Grantee has proposed the Arroyo Grande ADU Production
Demonstration and Outreach Project (“Project”) to utilize ARPA funding from Grantor to
assist and promote the construction of new ADUs in the City for rent to low and moderate
income households and those disproportionately impacted by the COVID-19 pandemic.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. TERM
This Agreement shall commence on the Effective Date and shall remain and
continue in effect until all requests described in Section 3 are processed, or unless sooner
terminated pursuant to the provisions of this Agreement.
2. ACTIONS
(a) The Project described in “Exhibit A” attached hereto and incorporated
herein by this reference, identifies the actions to be performed by Grantee during the
implementation of this Agreement. Grantee agrees that any funds received from Grantor
may only be used for the actions set forth in Exhibit A.
(1) Grantee will provide a detailed report to Grantor on the use of grant
funds by December 31, 2024.
3. PAYMENT OF GRANT FUNDS
(a) Grantee is awarded a total of $37,887;
Page 124 of 257
2
(b) Grantee must maintain receipts for expenditures made in furtherance of the
actions outlined in Exhibit A. Grantee shall also prepare and submit to the
City a report describing the relationship between the expenditure and the
tasks and activities identified in Exhibit A. This report and the receipts
described herein shall be submitted to the City by December 31,2024.
4. STATUS
Nothing in this Agreement is intended nor shall be construed to create an
employer-employee relationship. Neither Grantee nor any of Grantee’s agents,
employees or contractors are or shall be considered to be agents or employees of Grantor
in connection with the performance of Grantee’s obligations under this Agreement.
5. TERMINATION FOR CAUSE
If Grantor determines that the Grantee has used funds for purposes that are not
permitted or are prohibited under the terms and provisions of this Agreement, or if the
Grantor determines that the Grantee has failed to fulfill its obligations under this
Agreement in a timely and professional manner, or if the Grantee is in violation of the
terms of this Agreement, then Grantor shall have the right to terminate this Agreement
effective immediately upon giving written notice to Grantee.
6. INDEMNIFICATION
Grantee agrees to accept responsibility for losses or damage to any person or
entity related to this Agreement, and shall defend, indemnify and hold harmless Grantor,
its officers, employees and agents from any and all claims and demands, liability,
damages, costs, expenses, judgments (including, but not limited to attorney fees and
expert witness costs) that may be asserted by any person or entity, including Grantee,
arising out of or in connection with the performance by Grantee hereunder and/or the use
of the City of Arroyo Grande ARPA fund monies.
7. COMPLIANCE WITH LAW
Grantee agrees to comply with all City of Arroyo Grande, Federal and State laws
and regulations applicable to Grantee. In particular, Grantee agrees to carry out the tasks
identified in the Project, which is described in Exhibit “A” attached hereto and previously
incorporated herein, and with all federal, State, and local laws, regulations, and orders
related to use of ARPA fund monies.
8. ASSIGNMENT
Grantee shall not assign the performance of this Agreement, nor any part thereof,
without the prior written consent of Grantor.
Page 125 of 257
3
9. GOVERNING LAW
Grantor and Grantee understand and agree that the laws of the State of California
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement
and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the superior or federal district court with jurisdiction over
the City of Arroyo Grande.
10. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, either oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party’s own independent investigation of any and all facts such party deems
material.
11. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with the
mutual written consent of all of the parties to this Agreement.
12. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Grantee warrant and
represent that he/she has the authority to execute this Agreement on behalf of the
Grantee and has the authority to bind Grantee to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
GRANTOR GRANTEE
By:____________________________ By: ___________________________
Whitney McDonald, City Manager Anne Wyatt, Smart Share Home Solutions
Attachments:
Exhibit A- Arroyo Grande ADU Production Demonstration and Outreach Project
Page 126 of 257
4
EXHIBIT A
Page 127 of 257
5
Page 128 of 257
Item 9.a.
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 (AGMC) Regarding Accessory
Dwelling Units; Development Code Amendment 20-001 and
Consideration of a Fee Waiver Program for Certain Accessory
Dwelling Units
DATE: September 13, 2022
SUMMARY OF ACTION:
Introduction of the proposed Ordinance to amend Title 16 of the Arroyo Grande Municipal
Code regarding accessory dwelling units (Attachment 1) will allow for adoption at a future
City Council meeting and submittal to the State for final review consistent with applicable
legislation. In addition, direction is requested by staff regarding a possible fee waiver
program for certain accessory dwellin g units.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
SB 2 grant funding in the amount of $20,000 was obtained to offset costs associated with
the amendments to the Accessory Dwelling Unit (ADU) regulations, including staffing
hours, website development, and marketing materials.
RECOMMENDATION:
Introduce the Ordinance amending the regulations for accessory dwelling units and
provide feedback about the details of the proposed fee waiver program .
BACKGROUND:
The California legislature has identified production of Accessory Dwelling Units (ADUs)
as an important strategy to increase housing statewide. In 2017, the State made
significant changes to the manner by which local governments can regulate ADUs,
primarily with respect to parking, types and sizes of ADUs, approval process and
timelines, and utility fees. In response, the City adopted Ordinance 688 in October 2017,
bringing local regulations consistent with 2017 State law at that time.
Page 129 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 2
While State legislators acknowledged that the ADU permitting p rocess was significantly
streamlined as a result of the 2017 legislation, some were concerned that local
jurisdictions’ regulations, such as unit size maximums and impact fees, continued to
impede property owners from constructing ADUs. As a result, in October 2019, Governor
Newsom signed new state housing bills that further amended Government Code
§65852.2 and §65852.22 related to regulations for development of ADUs. Therefore, Title
16 must be amended again for consistency with State law.
The process to update the Ordinance began with a study session at the August 3, 2021
Planning Commission (PC) meeting. At the following PC meeting, staff presented
amendments to the Ordinance developed in accordance with feedback obtained from the
study session, and the PC recommended that Council adopt the proposed Ordinance.
The Ordinance amendments were introduced to Council at its meeting on February 8,
2022. Council directed staff to modify the draft Ordinance with regard to several aspects
of the Ordinance. Staff modified the Ordinance accordingly and presented the changes
to Council at a study session on July 26, 2022. Positive feedback from Council at the
study session allowed staff to proceed to a recommendation hearing with the PC on
August 16, 2022, at which PC recommended Council adopt the Ordinance amendments.
ANALYSIS OF ISSUES:
State Legislation
The passage of Assembly Bills 68, 881, 587, 670, and 671, and Senate Bill 13 impacted
the City’s regulatory authority over the construction of ADUs. A total of six amendments
to State law for ADUs were included in the 2019 legislation, made effective on January 1,
2020. Table 1 summarizes each of the six (6) amendments, how each is implemented,
and the current proposal to address each amendment in Arroyo Grande.
Table 1: 2019 State Law Amendments Affecting ADU Development
Bill Code Section Summary Status
AB 881
AB 68
SB 13
Government
Code §65852.2
Accessory
Dwelling Units
&
§65852.22
Junior
Accessory
Dwelling Units
Allows ADUs up to 850 square feet or
1,000 square feet on any residential or
mixed-use lot.
Prohibits owner-occupancy requirement.
Requires ministerial approval within 60
days of application.
Prohibits impact fees on ADUs under 750
square feet.
Prohibits minimum lot size requirements
for ADUs.
Reduces parking requirements.
Amendments
proposed to Title 16
to comply.
Page 130 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 3
The proposed Ordinance would amend existing development standards for ADUs to
address the changes required under the 2019 legislation, including allowed locations,
setbacks, size limitations, parking, and owner occupancy (Exhibit A of Attachment 1), as
discussed in more detail below.
Development Standards
Several existing property development standards are required to be amended in response
to the changes to State legislation. The City’s existing ADU regulations prohibit ADU
development on mixed-use zoned parcels and require a minimum lot size of 6,750 square
feet. Amendments to State law allow ADUs on any parcel that allows a residential use,
including mixed-use zones, regardless of lot size. An ADU may be established within an
existing or proposed primary dwelling, conversion of an existing accessory structure,
reconstruction of an existing structure proposed to be converted to an ADU, or
construction of a new detached structure.
Perhaps the most significant change mandated by State law allows a parcel developed
with a primary dwelling unit and an ADU to also establish a Junior Ac cessory Dwelling
Unit (JADU) within the space of an existing primary dwelling unit, for a total of three (3)
allowed units on a single property. A JADU, as defined in Government Code Section
65852.22, is a dwelling unit that is no more than 500 square feet in size and contained
entirely within an existing or proposed single-family structure. A JADU shall include an
efficiency kitchen, and may include separate sanitation facilities or shared sanitation
facilities with the existing dwelling. The proposed Ordinance includes provisions
addressing each of these required changes to the City’s existing development standards.
Allows one ADU plus one junior ADU.
AB 587
New
Government
Code
§65852.22
Option for local agencies to adopt by
ordinance a provision that allows an ADU
to be sold or conveyed separate from the
primary residence if the property was built
or developed by a qualified nonprofit
corporation.
Not proposed in the
draft Ordinance.
AB 670
Civil Code
§4751
Removes covenants, conditions, and
restrictions (CC&Rs) in a planned
development that either effectively prohibit
or unreasonably restrict the construction
or use of an ADU or JADU.
Not required to be
incorporated in the
AGMC.
AB 671
Government
Code
§65583(c)(7)
Amends housing element law and requires
the City to incentivize and promote ADUs
that can be offered at an affordable rent.
Addressed in
Housing Element
update Programs
A.2-1 & A.2-2.
Page 131 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 4
Size Limits & Setbacks
State legislation includes a “By-Right Provision” which allows the development of an
attached or detached ADU with a maximum size of 850 square-feet for studio or one-
bedroom units, or 1,000 square-feet for a unit with more than one bedroom, in any
circumstance. ADUs permitted through this provision are subject to a maximum height of
16 feet, four-foot side and rear setbacks, and compliance with all building codes. No
minimum lot size or lot coverage requirement shall apply to units permitted by this
provision. Section C of the proposed Ordinance establishes regulations for By -Right
ADUs, consistent with State law.
In addition, the proposed Ordinance would amend the development standards for ADUs
to limit the maximum size of new attached ADUs to fifty percent (50%) of the total living
area of the existing or proposed living area of the primary dwelling unit, whichever is less.
An attached ADU created through the conversion of existing space is not subject to a
maximum unit size. Expansion of an existing structure proposed to be converted to an
ADU is limited to 150 square feet, but only for purposes of accommodati ng means of
ingress and egress. While newly enacted State laws do not require cities to establish
maximum size limitations for ADUs, any ordinance that does establish maximum sizes
may not be less than the proposed limits included in the proposed ordinance. Under th e
proposed Ordinance, detached ADUs are limited to a maximum of 1,200 square feet. The
maximum size limits proposed in the draft Ordinance meet the minimum sizes required
by State law. This is a change from the existing regulations, which restrict the maxi mum
size of both attached and detached ADUs to the lesser of:
The maximum unit size allowed in the zone in which the ADU is proposed, which
ranged from 850 square feet in the Single Family and Village Residential zones,
to 1,200 square feet in all others, or
Fifty percent (50%) of the primary unit.
ADUs proposed to exceed the sizes permitted by the By-Right Provision would remain
subject to the setbacks, height limit, lot coverage, and floor-area ratio limitations of the
zoning district in which they are located.
Parking
The City’s existing ADU regulations require one parking space per ADU bedroom, with a
maximum of two parking spaces per unit. Amendments to State legislation establish a
maximum of one parking space per ADU. Under the City’s current ADU regulations,
parking spaces for ADUs do not need to be covered and may be located in the driveway
or setbacks, and these provisions are proposed to remain the same. The proposed
Ordinance establishes areas in the front yard where parking is prohibited and clarifies
that ADU parking spaces must be on fully paved surfaces, consistent with AGMC Section
Page 132 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 5
16.56.070. The existing ADU regulations do not require additional parking when an ADU
meets any of the following five (5) exemptions consistent with State law:
1. If the accessory dwelling unit is located with in one-half mile by travelled distance
of an existing transit stop;
2. The accessory dwelling unit is located in the D-2.4 Historic Character Overlay
District;
3. The accessory dwelling unit is located in a neighborhood where on-street parking
permits are required but not offered to the occupant of the accessory dwelling unit;
4. A car share vehicle is located within one block of the accessory dwelling unit ; or
5. The accessory dwelling unit is part of the existing primary residence or an existing
accessory structure.
These existing parking exemptions will remain applicable, and State law creates two
additional exemptions, which are included in the proposed Ordinance:
1. Parking spaces are not required when an ADU is created within an existing or
proposed primary structure.
2. Parking spaces for a primary dwelling are not required to be replaced when a
garage, carport, or other covered parking structure is demolished or converted in
conjunction with the construction of an ADU.
The proposed Ordinance retains a parking requirement for ADUs when applicable.
However, given the ADU parking space exemptions established prior to the legislative
updates to the State law in 2019, particularly the exemption for ADUs within a half mile of
a bus stop, a significant portion of parcels within the City will not be required to provide
parking spaces for ADUs. The City’s existing ADU regulations also require parking spaces
in a garage or carport to be replaced when converted to an ADU, but that is no longer
allowed to be required under State law. As a result, a property that chooses to convert a
garage to an ADU is not required to provide parking for either the primary dwelling unit or
ADU under the proposed Ordinance.
Impact Fees and Utilities
Building permits for both residential and non-residential projects are assessed impact
fees to offset the costs associated with additional public facilities and infrastructure
required for those new structures. Examples of impact fees include fire protection, police
facilities, traffic signalization, park facilities, and water facilities. ADUs less than 750
square feet are exempt from impact fees pursuant to newly enacted State law. Units that
exceed 750 square feet are assessed impact fees proportionately in relation to the square
footage of the ADU to the square footage of the primary dwelling unit. For example, a
2,000 square foot primary dwelling with a proposed 1,000 square foot ADU would result
in fifty percent (50%) of the impact fees imposed on the primary dwelling. The proposed
Page 133 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 6
Ordinance includes provisions addressing impact fees consistent with this newly enacted
State law.
State law prevents the City from imposing fees or capacity charges for ADUs or JADUs
created through the conversion of space within an existing single-family dwelling or
accessory structure. When new, separate utility connections are proposed, the
connection fees and connection charges must be proportionate to the burden of the
proposed ADU based on either its square footage or plumbing fixtures as compared to
the primary dwelling.
Additional Revisions Directed by Council
In addition to the changes that were made in response to changes in State law, Council
directed staff to modify the Ordinance in certain respects to help achieve the City’s
housing goals and maintain community character. Staff introduced amendments to the
ADU Ordinance to Council on February 8, 2022 (Attachment 2), and at that hearing,
Council directed staff to revise the draft Ordinance and conduct follow-up or additional
research as follows:
1. Separate standards for tiny homes on wheels (THOW) from the ADU ordinance;
2. Develop objective design standards to ensure detached ADUs resemble the
primary unit;
3. Add a prohibition of rooftop decks for detached ADUs;
4. Evaluate the feasibility of a fee waiver program;
5. Explore a pre-fabricated ADU program;
6. Modify the allowed locations to prohibit ADUs in the front yard; and
7. Develop incentives for installation of solar panels on ADUs.
Previous versions of the proposed Ordinance included standards for THOW, which have
now been removed from the current proposed Ordinance. A provision prohibiting rooftop
decks has also been added to the current edition. Staff was unable to identify any new
incentives for homeowners to include solar panels on ADUs, and so the revised
Ordinance does not include new provisions addressing this item . Revisions to address
the other four discussion items are explained in more detail in the paragraphs below.
An amended draft Ordinance was presented to Council at a study session on July 26,
2022 (Attachment 3), and, after receiving supportive feedback, the revised Ordinance
was presented to the Planning Commission on August 16, 2022 , at a recommendation
hearing (Attachment 4). The Planning Commission was supportive of each of staff’s
responses to the seven items previously mentioned, and adopted a Resol ution
recommending Council adopt the amendments to the Ordinance .
Page 134 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 7
Objective Design Standards
State law allows agencies to develop objective design and development standards for
ADUs that include, but are not limited to, parking, height, setback s, landscape,
architectural review, maximum size of a unit, and standards that prevent adverse impacts
on any real property that is listed in the California Register of Historic Resources.
However, these standards must be sufficiently objective to allow ministerial review of an
ADU. Objective standards are those that involve no personal or subjective judgment by a
public official and are uniformly verifiable.
During its discussion of the ADU Ordinance on February 8, 2022, Council directed staff
to develop objective design standards to make ADUs compatible with existing residential
development on the property on which they are constructed. The revised Ordinance
presented to Council on July 26, 2022, and recommended by the Planning Commission
for adoption (Attachment 1), contains proposed objective design standards. These
standards require design considerations for new detached ADUs such as matching colors
to the primary dwelling and requiring all ADUs to adhere to these standards if located in
the front yard. Garage conversions to ADUs require that the garage door opening shall
be replaced with exterior wall coverings, or residential windows and doors, to match the
existing exterior garage wall covering and detailing.
Although the proposed Ordinance includes objective design standards, it also limits the
application of these standards to the following ADUs:
Non-“By-Right” ADUs
ADUs constructed within a front yard (see discussion on ADUs in front yards
below)
ADUs proposed within the Historic Village Overlay District
ADUs that do not utilize a pre-approved ADU plan developed through the regional
pre-approved ADU plan program
ADUs that are not pre-fabricated
While objective design standards are proposed in the draft ordinance, certain “By -Right”
ADUs may not be subject to design standards. For example, an agency cannot apply
design and development standards to ADUs created under subdivision (e) of Government
Code 65852.2. This section regulates ADUs created through:
Conversion of space within an existing single-family dwelling, new construction
ADUs;
New construction ADU of up to 800 square feet that does not exceed four-foot side
and rear setbacks and a height limitation of 16 feet;
Conversion of existing non-habitable space within multifamily structures; and
Page 135 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 8
Construction of up to two detached ADUs on lots developed with existing
multifamily dwellings, subject to four-foot side and rear setbacks, and a 16-foot
height limit.
Additionally, the regional pre-approved ADU plan program will provide ADU plans of six
different sizes ranging from approximately 300-1,200 square feet, and four different
architectural themes. Due to the regional nature of the program, not all of the architectural
styles may be compatible with every homeowner’s existing residence. Imposin g design
standards that require the same cladding and colors as the primary unit is likely to
discourage use of the pre-approved plans, which are intended to provide property owners
an avenue to construct an ADU with reduced costs associated with planning and design.
For example, the predominant siding material for each of the architectural styles in the
draft pre-approved ADU plans are either horizontal or vertical siding, whereas stucco is
the predominant siding material for most residential buildings in the City. Council also
encouraged pre-fabricated units as another option for property owners to add an ADU at
reduced costs. While these units are a viable option for ADU creation, they are less
customizable than a traditionally built unit. The nature of p re-fabricated units makes them
less likely to be compatible with an existing primary unit and make compliance with the
proposed objective design standards difficult and impractical.
Additionally, staff recommends that the objective design standards apply to new ADUs
within the Historic Village Overlay District. The Design Guidelines and Standards for the
Historic Character Overlay District (D-2.4) also contain a number of standards that are
objective in nature, which staff has included in the draft ordinance, as follows:
Building Design:
Second floor living area shall be setback 5 feet from ground floor footprint .
Construction Materials:
Window sashes and doorframes shall be made of wood or vinyl that looks like
wood. Unfinished aluminum is not allowed.
New or replacement doors shall be wood or an approved substitute material that
simulates the appearance of original materials.
Colors:
The use of fluorescent “neon,” “day-glo,” or bright primary colors as the
predominant shade on building facades is not permitted.
Pre-fabricated ADUs
Council also directed staff to revise the proposed Ordinance to allow pre-fabricated units
to serve as ADUs. The draft Ordinance now specifically identifies that factory-built
housing (FBH) is allowed as a type of ADU. The State Department of Housing and
Community Development (HCD) defines FBH as “residential struct ures manufactured
Page 136 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 9
wholly or partially offsite, in sections, or in building components which are assembled at
the installation site to form part of or most of a completed unit.” Laws and regulations
require the manufacturer to obtain the services of HCD-approved third-party design
approval and inspection approval entities, and to document methods of quality control.
Compliance with the rules and regulations for FBH is demonstrated through the
placement of an HCD “Insignia of Approval” on each unit. State law establishes that the
permitting jurisdiction must verify the presence of the HCD Insignia of Approval and
inspect the installation of the unit when FBH is proposed. The Building Official may not
require review of any FBH plans, require alterations to an a pproved FBH, or charge plan
check fees when plans have already been approved by HCD or an HCD -approved third
party reviewer. The proposed Ordinance includes provisions addressing these
requirements of a FBH to qualify as a permitted ADU. Allowing FBH as ADUs could
accelerate ADU development due to reduced plan review time and costs. As mentioned
above, a FBH ADU would not be subject to the objective design standards developed for
the Ordinance.
Restriction on Front Yard ADUs
Under current State law, an agency may apply front yard setbacks for ADUs, but front
yard setback requirement cannot unduly constrain the creation of all types of ADUs.
Therefore, an outright prohibition of ADUs in the front setback is not proposed in the
attached draft Ordinance. However, Section D of the draft ordinance clarifies that ADUs
shall only be permitted in the front yard if no feasible alternative exists. The proposed
Ordinance further provides that feasibility is determined as whether a By-Right ADU, as
described in Section D of the draft ordinance, can physically be constructed behind the
primary dwelling. If a by-right ADU can be constructed behind the primary dwelling, the
ADU cannot be located in the front yard setback. Due to the potential for ADUs in the
front yard setback to be more visually prominent, the draft ordinance also clarifies in
Section D that these ADUs will be subject to the Objective Design Standards .
Fee Waiver Program
Council also directed staff to consider a program that would waive all fees associated with
permitting and construction of ADUs proposed to be less than 500 square feet, to further
encourage and incentivize creation of units that will be affordable for low -income
households. Although it is not codified in the Ordinance, the Program would waive permit
processing fees for ADUs that are 500 square feet or less in exchange for an agreement
that the unit will be rented to lower income households for a period of 10 year s. The
affordability restriction will be recorded against the title of the property, and monitored by
staff annually to ensure compliance. The use of a deed restriction as a mechanism to
ensure affordability is similar to the process by which affordable un its established through
conditions of approval for larger housing developments are managed. This program is not
codified, but rather implemented through a policy adopted by Council. A draft resolution
Page 137 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 10
describing the parameters of the program is included as Attachment 6 to this report. The
resolution is provided to obtain feedback from Council, with the intent to adopt the
resolution at its next meeting on September 27, 2022.
The program will transfer money from the Inclusionary Affordable Housing Trust Fu nd
(Trust Fund) to recoup the loss of revenue associated with waiving fees for plan review,
inspections, and utility connection fees, if such fees are otherwise applicable to the new
units. Pursuant to Arroyo Grande Municipal Code Section 16.80, the sole p urpose of the
Trust Fund is to increase the supply of affordable housing units. The Trust Fund is
administered under the supervision of the Community Development Director and funds
may be used to offset the costs of producing affordable units, including pe rmitting costs.
Providing financial assistance for the creation of affordable units is consistent with
Housing Element programs A.3-1, A.3-2, A-3.3, and C.1-1 related to the development of
affordable housing. Offsetting revenue losses created by a fee waiver program with
funding from Trust Fund will enable the City, in certain situations like this where there is
a clear nexus to affordable housing, to provide financial assistance for new low-income
housing without impacting other City services or permit app licants. Council discussed the
potential implications to the Trust Fund as a result of this program on July 26, 2022, and
directed staff to provide an annual report of the status of the program as it relates to the
Trust Fund, rather than establishing a limit to the funding that would be dedicated to this
program. The direction to provide an annual report to Council on the status of the program
is included in the draft resolution. Other aspects of the program, such as procedures for
establishing rental limits and income limits for renters will be specified in the individual
affordable housing agreements created for each individual property.
It is important to note that under California Labor Code Section 1720(a), prevailing wage
requirements apply to any public works project, which is defined to include any
construction project “paid for all or in part out of public funds .” Per Labor Code Section
1720(b)(4), a construction project is paid for in part out of public funds when “fees…are
paid, reduced, charged at less than fair market value, waived, or forgiven” by the City.
Accordingly, recipients of ADU fee waivers must require their contractors and sub -
contractors to pay State prevailing wage rates to their employees for ADUs costing over
$25,000 or more. This requirement will certainly affect the economic benefits of the fee
waiver program and discourage some from participating.
Housing Element Direction
The sixth cycle Housing Element prioritizes development of ADUs as a strategy to meet
housing needs and the Regional Housing Needs Allocation assigned to the City. Housing
Element Program A-2.1 calls for an update of the ADU provisions in the Development
Code and for the City to publicize the ADU program to increase public awareness. During
the Housing Element Update, staff received comments from both the Planning
Page 138 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 11
Commission and City Council about the desire to update the ADU regulations to
encourage the creation of more ADUs. The Housing Element relies heavily on the
creation of ADUs to meet the City’s Regional Housing Needs Allocation (RHNA).
Specifically, it assumes that there is potential for the development of 236 ADUs, which
equates to approximately thirty-four percent (34%) of the City’s total sixth cycle RHNA.
The proposed Ordinance will allow the City to promote the creation of ADUs.
The SLO County ADU Task Force, a volunteer group promoting development of ADUs in
the region, has also identified obstacles in the planning and permitting process that this
update hopes to resolve. For example, the Ordinance will clarify requirements for
maximum unit sizes, parking requirements, and utility connections.
Next Steps
Introduction of the Ordinance is the first step towards enacting updates to the ADU
regulations. Adoption of the ADU amendments and the resolution to implement the fee
waiver program are proposed to occur at the next Council meeting, scheduled for
September 27, 2022, unless Council directs staff to make significant changes to either.
After adoption, staff will submit the Ordinance to the State Department of Housing and
Community Development (HCD) for review. HCD will review the adopted Ordinance and
notify the City if it complies with State ADU law. If the Ordinance is found to be out of
compliance, HCD will provide findings detailing what changes are required to be
compliant.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Introduce the attached Ordinance approving Development Code Amendment 20 -
001;
2. Modify as appropriate and introduce the attached Ordinance approving
Development Code Amendment 20-001;
3. Do not introduce the Ordinance, and provide direction to staff on specific revisions
to the Ordinance; or
4. Provide other direction to staff.
ADVANTAGES:
Amending the City’s ADU regulations will bring them into compliance with State law, allow
for a streamlined review process, and facilitate the development of new ADUs in the City
consistent with the goals, policies, and programs identified in the City’s Housing Element.
DISADVANTAGES:
None identified.
Page 139 of 257
Item 9.a.
City Council
Discuss and Consider Introduction of an Ordinance Amending Title 16 of the
Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units;
Development Code Amendment 20-001 and Consideration of a Fee Waiver
Program for Certain Accessory Dwelling Units
September 13, 2022
Page 12
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the project is statutorily exempt per
Section 15282(h) of the Guidelines regarding projects involvin g the adoption of an
ordinance regarding second units in a single-family or multifamily residential zone by a
city to implement provisions of Government Code Section 65852.2.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was published in th e Tribune and posted at City Hall and on
the City’s website on September 2, 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. Proposed Ordinance
2. Staff Report and Minutes from the February 8, 2022 City Council Meeting
3. Staff Report and Minutes from the July 26, 2022 City Council Meeting
4. Staff Report and Minutes from the August 16, 2022 Planning Commission Meeting
5. Planning Commission Resolution 22-2269
6. Fee Waiver Program - Draft Resolution
Page 140 of 257
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL ADOPTING
AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE (AGMC) REGARDING ACCESSORY
DWELLING UNITS; LOCATION- CITYWIDE
WHEREAS, Section 16.52.150 of the Arroyo Grande Munici pal Code (AGMC) contains
the City’s existing regulations for Accessory Dwelling Units (ADUs); and
WHEREAS, AGMC Section 16.52.150 of the Arroyo Grande Municipal was last
amended in 2017, after the State legislature had amended Government Code §65852.2
and also added Government Code §65852.22 to provide an option for Junior Accessory
Dwelling Units (JADUs), however, the 2017 amendment to AGMC 16.52.150 did n ot
include an option for JADUs at that time; and
WHEREAS, in 2019, the California Legislature approved, and the Governor s igned into
law a number of bills ("New ADU Laws") that, among other things, amended
Government Code Section 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws mandate that cities with accessory dwelling unit
ordinances that are inconsistent with the State laws apply the State standards for ADU
and JADU approval; and
WHEREAS, according to the State Department of Housing and Community
Development website the New ADU Laws were adopted to promote the development of
ADUs and JADUs, and include allowing ADUs and JADUs to be built concurrently with
a single-family dwelling, opening areas where ADUs can be created to include all
zoning districts that allow single-family and multifamily uses, modifying fees from
utilities such as special districts and water corporations, limited exemptions or
reductions in impact fees, and reduced parking requirements; and
WHEREAS, the New ADU Laws took effect January 1, 2020, and because the City's
ADU ordinance did not comply with the New ADU Laws, the City's ordinance bec ame
null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction
of ADUs and provide for JADUs to comply with the amended provisions of Government
Code sections 65852.2 and 65852.22; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architect ural
review, among other things, would threaten the character of existing neighborhoods,
and negatively impact property values and personal privacy; and
Page 141 of 257
RESOLUTION NO.
PAGE 2
WHEREAS, on August 16, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council amending Section 16.52.150 of 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 September 13, 2022, concerning
proposed amendments to AGMC Section 16.52.15 0; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on September 13 , 2022 introduced this Ordinance to amend Section
16.52.150 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.
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 16.52.150 of the Arroyo Grande Municipal Code is hereby
amended in its entirety to read as follows:
A. Definitions/Prohibited Units.
1. Accessory Dwelling Unit (ADU): An attached or detached residential dwelling
unit which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating ,
cooking, and sanitation and shall be located on the same parcel as the
primary dwelling or multi-family development. An ADU also includes an
efficiency unit and manufactured home as provided in Government Code
Section 65852.2(j). An ADU may serve as a rental unit for more than 30
days or be occupied by a person or persons including, but not limited to
family members, guests, or caretakers.
2. Junior Accessory Dwelling Unit (JADU): A residential dwelling unit, as
defined in Government Code Section 65852.22, that is no more than 500
square feet in size and contained entirely within an existing or proposed
single-family structure. A JADU shall include an efficiency kitchen, and may
include separate sanitation facilities or share sanitation facilities with the
existing dwelling. A JADU may serve as a rental unit for more than 30 days.
Owner-occupancy of either primary dwelling or JADU is required by state
law.
Page 142 of 257
RESOLUTION NO.
PAGE 3
3. Mobile homes, as defined in Section 18008 of the Health and Safety Code,
recreational vehicles, trailers, or similar units, shall not be allowed as ADUs.
4. Factory-built housing as defined by California Health and Safety Code
Section 19971 shall be allowed as ADUs.
B. Where Permitted/Establishment.
1. ADUs are permitted in all zoning districts allowing single -family or multifamily
use on lots developed with existing or proposed dwellings.
2. An ADU may be established by the following methods:
a. Attached to, or located within, an existing or proposed primary
dwelling.
b. A new detached structure, or located within or attached to an
accessory structure, including detached garages or similar structures.
c. Conversion of permitted existing attached or detached accessory
structures, including garages, storage areas, or similar structures.
d. Reconstruction of a permitted existing structure or living area that is
proposed to be converted to an ADU, or a portion thereof, in the same
location and to the same dimensions and setbacks as the existing
structure.
3. A Junior Accessory Dwelling Unit (JADU) may be established within the
space of the primary dwelling, including an attached garage or attached
accessory structure.
4. A JADU may be established within the space of the primary dwelling in
combination with the construction of one detached, new construction ADU
not exceeding 850 square-feet and a height of 16 feet with four-foot side and
rear setbacks.
5. An existing unit may be converted to an ADU, in conjunction with the
construction of a new primary dwelling unit built, if all applicable zoning
requirements are met.
6. ADUs shall be permitted on lots developed with existing multi-family
dwellings subject to the following provisions:
a. The property shall be developed with an existing multi-family
structure(s).
Page 143 of 257
RESOLUTION NO.
PAGE 4
b. A minimum of one ADU may be constructed, or up to 25 percent of the
existing unit count, within non-livable space, including, but not limited
to, storage rooms, passageways, attics, basements, or closets.
c. The construction of two detached ADUs with a maximum size of 850
square feet, or 1,000 square feet with more than one bedroom, sha ll
be permitted in addition to ADUs created within non -livable space,
subject to a maximum height of 16 feet, and four -foot side and rear
setbacks. These ADUs may be attached to each other, but must be
detached from the existing multi-family dwelling units.
d. Existing livable space of multi-family dwelling units shall not be
converted to ADUs.
C. Permit Requirements:
1. The City shall ministerially review and act on a building permit application for
an ADU or JADU within 60 days after receiving the application. An ADU or
JADU proposed with a permit application for a new primary dwelling shall not
be approved until the primary dwelling receives approval. Occupancy for an
ADU or JADU shall not be issued before occupancy is granted for the
primary dwelling.
2. Unless otherwise preempted by state law, the design and construction of all
newly constructed ADUs and JADUs shall comply with all applicable
building, housing, zoning and site development standards of the Arroyo
Grande Development Code, including but not limited to standards regarding
setbacks, floor area ratio standards, height, lot coverage, and in the
surrounding neighborhood that are listed in the California Register of Historic
Places. Applicants shall also comply with all applicable fee and charge
requirements, and other applicable zoning requirements.
3. Pursuant to Government Code Section 65852.2(e) (2), the City shall not
require the correction of nonconforming zoning conditions as a condition for
ministerial approval.
D. Development Standards.
1. ADU Type, Location & Size.
a. Attached Unit: An ADU attached to an existing primary dwelling shall
have a minimum size of 150 square feet and shall not exceed 50
percent of the total existing or proposed living area of the primary
dwelling, except as provided by the By-Right Provision below.
Page 144 of 257
RESOLUTION NO.
PAGE 5
b. Detached Unit: An ADU structurally independent and detached from
the existing primary dwelling shall have a minimum size of 150 square
feet and shall not exceed 1,200 square feet.
c. Conversion of Existing Structure: An ADU constructed within the
footprint of an existing dwelling or attached or detached structure shall
not be subject to a maximum square-footage of living area. Expansion
of an existing structure proposed to be converted to an ADU is limited
to 150 square feet for purposes of accommodating ingress and egress.
d. By-Right Provision: An attached or detached ADU with a maximum
size of 850 square-feet or 1,000 square-foot with more than one
bedroom shall be permitted in any circumstance subject to a maximum
height of 16 feet, four-foot side and rear setbacks, and compliance
with the front setback requirement of the underlying zoning district, and
all building codes. No minimum lot size or lot coverage requirement
shall apply.
e. ADUs shall have independent exterior access from the primary
dwelling.
f. Maximum Slope. The building site upon which the accessory dwelling
unit will be constructed shall not have an average slope in excess of
twenty (20) percent. A topographic map and slope analysis, as
recommended by the community develop ment director, shall be
stamped and signed by either a registered civil engineer, registered
architect, or registered landscape architect. Average slope is defined
as follows:
S = I x L x 100
A x 43,560
Where
S = average natural slope, in percent.
I = interval, in feet, of the contour lines.
L = the sum, in feet, of the length of the contour lines, at selected
contour interval "I".
A = the total area, in acres, of the site.
g. ADUs shall not be required to provide fire sprinklers if they are not
required for the primary residence.
Page 145 of 257
RESOLUTION NO.
PAGE 6
2. JADU Location and Size.
a. A JADU shall be constructed entirely within an existing or proposed
primary dwelling and shall not exceed 500 square -feet.
b. JADUs shall have an independent exterior entrance from the primary
dwelling, but may also include shared access between the two units.
3. Required Setbacks.
a. An attached or detached ADU not exceeding 850 square feet or 1,000
square feet with more than one bedroom, and a height no greater than
16 feet shall provide a minimum setback o f four feet from the side and
rear property lines and comply with the front setback for the zoning
district. ADUs exceeding the maximum square footage or height
specified in this provision shall be subject to compliance with setbacks
of the underlying zoning district.
b. Cornices and eaves may project into the required yards by no more than
one foot.
c. ADUs shall comply with the front yard setback and be located on the rear
portion of a parcel unless no feasible alternative exists. Feasibility is
determined whether a by-right ADU can physically be constructed
behind the primary dwelling due to the presence of maximum slope,
other structures, existing easements, or drainage features.
d. When an ADU is created within an existing structure, the side and rear
setbacks must be sufficient for fire safety as determined by the
Building Official and Fire Department.
e. No setback shall be required for an existing garage or accessory structure
converted, or portion thereof, to an ADU and no setback shall be
required for a new structure constructed in the same location and
same dimensions as an existing structure.
f. An ADU constructed above an existing garage or dwelling unit, exceeding
16-feet in height, shall meet the side and rear setbacks of the
underlying zoning district.
g. Roof top decks shall not be permitted on any detached ADU.
Page 146 of 257
RESOLUTION NO.
PAGE 7
h. Staircases serving an ADU shall provide a minimum setback of four feet
from the side and rear property lines subject to approval by the
Building Official and Fire Department.
4. Height and Maximum Lot Coverage.
ADUs exceeding 850 square feet or 1,000 square feet with more than one
bedroom, and/or a height of 16 feet shall comply with the height, floor -area
ratio, and maximum lot coverage of the underlying zoning district.
5. Parking.
a. One additional off -street parking space shall be required per unit; with
exceptions per subsection g, below.
b. No parking space shall be required for an ADU or JADU established within
an existing structure.
c. Parking spaces shall be a minimum dimension of 9 foot by 18 foo t except
as specified below.
d. Parking spaces may be located in any configuration on the same lot as
the ADU, including, but not limited to, as covered spaces, uncovered
spaces, tandem spaces, or by the use of mechanical automobile
parking lifts.
e. Required off-street parking shall be permitted in front, side, and rear
setback areas subject to the following:
i. Parking may be located on an existing driveway but shall not block
sidewalk access or encroach into the public right-of-way.
ii. Parking spaces location wholly or partially within a side yard must
have a minimum clear space width of 10-feet. Vehicles shall not
block exterior windows or doors of a dwelling or access to utility
boxes or meters.
iii. Vehicles must be parked on an acceptable surface of concrete,
asphalt, gravel, brick, permeable paver or other stable, dust -free
surface.
iv. No more than 50% of a front yard shall be dedicated to vehicle
parking.
v. No parking shall be allowed in front yard landscaping areas.
Page 147 of 257
RESOLUTION NO.
PAGE 8
vi. Access to on-site parking spaces shall be provided via an approved
driveway location only.
f. When a garage, carport, or covered parking structure that provides the
required spaces for the primary dwelling is demolished or converted in
conjunction with the construction of an ADU, no replacement parking
shall be required.
g. Parking Exemption: As required by Government Code Section 65852.2(d),
parking space for an ADU shall not be required in any of the following
instances:
i. The ADU is located within one-half mile walking distance of public
transit.
ii. The ADU is located within an architecturally and historically
significant historic district.
iii. The ADU is located within an existing or proposed primary
residence or an existing accessory structure.
iv. When on-street parking permits are required but not offered to the
occupant of the ADU.
v. When there is a car share vehicle located within one block of the
ADU.
6. Objective Design Standards
a. The colors of the exterior walls, roof, eaves, and windows and doors of a
new, detached ADUs must match the appearance and architectural
design of those of the primary dwelling.
b. If a garage is converted to an ADU, the garage door opening shall be
replaced with exterior wall coverings, or residential windows and doors,
to match the existing exterior garage wall covering and detailing.
c. ADUs created under the By-Right Provisions of this Section are exempt
from the Objective Design Standards, as are ADUs created through
the use of pre-approved plans and factory-built housing that meet the
standards of a By-Right unit.
d. Where ADUs are to be located within the front yard setback in accordance
with Section D.3.c, the Objective Design Standards shall apply.
Page 148 of 257
RESOLUTION NO.
PAGE 9
e. ADUs located in the D-2.4 Historic Character Overlay District shall comply
with the Objective Design Standards.
a. Second floor living area shall be setback 5 feet from the ground
floor footprint.
b. Window sashes and doorframes shall be made of wood or vinyl
simulating the appearance of wood. Unfinished aluminum is not
allowed.
c. New or replacement doors shall be wood or an approved substitute
material that simulates the appearance of original materials.
d. The use of fluorescent “neon”, “day-glo”, or bright primary colors as
the predominant shade on building facades is not permitted.
7. Impact Fees & Utilities.
a. An ADU under 750 square feet shall not be charged development impact
fees. An ADU equal to or greater than 750 square feet may be charged
development impact fees. These development impact fees shall be
proportional to the square footage of the main dwelling and calculated
using the ADU square footage.
b. ADUs and JADUs shall comply with water and sewer requirements as
determined by the Public Works Department.
c. The City shall not require a new or separate utility connection or impose a
related connection fee or capacity charge for ADUs or JADUs that are
contained within an existing residence or accessory structure. Pursuant
to Government Code Section 65852.2(f)(5) an ADU not built within the
existing space of a single family house or accessory structure may be
required to obtain a new or separate utility conne ction as determined by
the Public Works Department and may be subject to connection fee s
and capacity charges based on either its square footage as a proportion
to the square footage of the primary unit, or the number of its drainage
fixtures unit values, as determined by the Public Works Department.
E. Conditions.
1. An ADU/JADU shall not be sold or otherwise conveyed separate from the
primary residence.
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2. An ADU/JADU may serve as a rental unit or be occupied by family
members, guests, or in-home health care providers, and others at no cost.
3. Neither the ADU/JADU nor the primary dwelling unit shall be rented for a
term of less than 31 days. ADUs on multi-family properties shall be subject
to this provision, except the restriction shall not apply to existing multi-
family units
4. Owner-occupancy shall be required for a property developed with a JADU.
The owner may reside in either the primary dwelling or the JADU.
The property owner shall record a covenant, approved as to form by the City
Attorney, declaring compliance with each and every condition referenced in this
section.
SECTION 3. This Ordinance is exempt from the California Environmental Quality Act in
accordance State CEQA Guidelines, Article 18: Statutory Exemptions, Section
15282(h).This section of CEQA provides a statutory exemption for “the adoption of an
ordinance regarding second units [accessory dwelling units] in a single -family or
multifamily residential zone by a city or county to implement the provisions of Sections
65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the
Public Resources Code.” The City Clerk shall file a Notice of Exemption from CEQA
review in accordance with CEQA Guidelines.
SECTION 4. A summary of this Ordinance shall be published in a newspaper publis hed
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 5. This Ordinance shall take effect and be in full force and effect thir ty (30)
days after its passage.
SECTION 6. 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:
Page 150 of 257
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AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 202 2.
Page 151 of 257
RESOLUTION NO.
PAGE 12
___________________________________
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 152 of 257
ATTACHMENT 2
Attachment 2 – Staff Report and Minutes from the February 8, 2022 City Council Meeting
are available as links:
ADU Introduction Staff Report
Minutes from the February 8, 2022 City Council Meeting
Page 153 of 257
ATTACHMENT 3
Attachment 3 – Staff Report and Minutes from the July 26, 2022 City Council Meeting
are available as links:
ADU Study Session Staff Report
Minutes from the July 26, 2022 City Council Meeting
Page 154 of 257
ATTACHMENT 4
Attachment 4 – Staff Report and Minutes from the August 16, 2022 City Council Meeting
are available as links:
ADU Ordinance Update Staff Report
Minutes from the August 16, 2022 PC Meeting
Page 155 of 257
ATTACHMENT 5
RESOLUTION NO. 22-2269
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL ADOPT ORDINANCES APPROVING
DEVELOPMENT CODE AMENDMENT NO. 20-001;
AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE (AGMC) REGARDING ACCESSORY
DWELLING UNITS; LOCATION- CITYWIDE
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC) contains
the City’s existing regulations for Accessory Dwelling Units (ADUs); and
WHEREAS, AGMC Section 16.52.150 of the Arroyo Grande Municipal was last
amended in 2017, after the State legislature had amended Government Code §65852.2
and also added Government Code §65852.22 to provide an option for Junior Accessory
Dwelling Units (JADUs), however, the 2017 amendment to AGMC 16.52.150 did not
include an option for JADUs at that time; and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into
law a number of bills ("New ADU Laws") that, among other things, amended
Government Code Section 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws mandate that cities with accessory dwelling unit
ordinances that are inconsistent with the State laws apply the State standards for ADU
and JADU approval; and
WHEREAS, according to the State Department of Housing and Community
Development website the New ADU Laws were adopted to promote the development of
ADUs and JADUs, and include allowing ADUs and JADUs to be built concurrently with
a single-family dwelling, opening areas where ADUs can be created to include all
zoning districts that allow single-family and multifamily uses, modifying fees from
utilities such as special districts and water corporations, limited exemptions or
reductions in impact fees, and reduced parking requirements; and
WHEREAS, the New ADU Laws took effect January 1, 2020, and because the City's
ADU ordinance did not comply with the New ADU Laws, the City's ordinance became
null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction
of ADUs and provide for JADUs and to comply with the amended provisions of
Government Code sections 65852.2 and 65852.22; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to AGMC
Page 156 of 257
RESOLUTION NO.
PAGE 2
Sections 16.52.150; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on August 16, 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 20-001 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:
the foregoing Resolution was adopted this 16th day of August, 2022.
Page 157 of 257
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 158 of 257
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC) contains
the City’s existing regulations for Accessory Dwelling Units (ADUs); and
WHEREAS, AGMC Section 16.52.150 of the Arroyo Grande Municipal was last
amended in 2017, after the State legislature had amended Government Code §65852.2
and also added Government Code §65852.22 to provide an option for Junior Accessory
Dwelling Units (JADUs), however, the 2017 amendment to AGMC 16.52.150 did not
include an option for JADUs at that time; and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into
law a number of bills ("New ADU Laws") that, among other things, amended
Government Code Section 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, the New ADU Laws mandate that cities with accessory dwelling unit
ordinances that are inconsistent with the State laws apply the State standards for ADU
and JADU approval; and
WHEREAS, according to the State Department of Housing and Community
Development website the New ADU Laws were adopted to promote the development of
ADUs and JADUs, and include allowing ADUs and JADUs to be built concurrently with
a single-family dwelling, opening areas where ADUs can be created to include all
zoning districts that allow single-family and multifamily uses, modifying fees from
utilities such as special districts and water corporations, limited exemptions or
reductions in impact fees, and reduced parking requirements; and
WHEREAS, the New ADU Laws took effect January 1, 2020, and because the City's
ADU ordinance did not comply with the New ADU Laws, the City's ordinance became
null and void on that date as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction
of ADUs and provide for JADUs to comply with the amended provisions of Government
Code sections 65852.2 and 65852.22; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory
standards, without local regulations governing height, setback, landscape, architectural
review, among other things, would threaten the character of existing neighborhoods,
and negatively impact property values and personal privacy; and
WHEREAS, the City desires to preserve its cultural, historical, and architectural
heritage and resources as living parts of community life that benefit and enrich the lives
of its present and future residents; and
Page 159 of 257
RESOLUTION NO.
PAGE 5
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices
thereof as required by law, held a public hearing on August 16, 2022 concerning this
code amendment and carefully considered all pertinent testimony, the staff report, its
attachments and all supporting materials referenced therein or offered in the matter as
presented; and
WHEREAS, on August 16, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council amending Section 16.52.150 of 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
proposed amendments to AGMC Section 16.52.150; and
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled
public meeting on __________, 2022 introduced this Ordinance to amend Section
16.52.150 of Title 16, Chapter 52 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.
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 16.52.150 of the Arroyo Grande Municipal Code is hereby
amended in its entirety to read as follows:
A. Definitions/Prohibited Units.
1. Accessory Dwelling Unit (ADU): An attached or detached residential dwelling
unit which provides complete independent living facilities for one or more
persons. It shall include permanent provisions for living, sleeping, eating,
cooking, and sanitation and shall be located on the same parcel as the
primary dwelling or multi-family development. An ADU also includes an
efficiency unit and manufactured home as provided in Government Code
Section 65852.2(j). An ADU may serve as a rental unit for more than 30
days or be occupied by a person or persons including, but not limited to
family members, guests, or caretakers.
2. Junior Accessory Dwelling Unit (JADU): A residential dwelling unit, as
defined in Government Code Section 65852.22, that is no more than 500
square feet in size and contained entirely within an existing or proposed
single-family structure. A JADU shall include an efficiency kitchen, and may
Page 160 of 257
RESOLUTION NO.
PAGE 6
include separate sanitation facilities or share sanitation facilities with the
existing dwelling. A JADU may serve as a rental unit for more than 30 days.
Owner-occupancy of either primary dwelling or JADU is required by state
law.
3. Mobile homes, as defined in Section 18008 of the Health and Safety Code,
recreational vehicles, trailers, or similar units, shall not be allowed as ADUs.
4. Factory-built housing as defined by California Health and Safety Code
Section 19971 shall be allowed as ADUs.
B. Where Permitted/Establishment.
1. ADUs are permitted in all zoning districts allowing single-family or multifamily
use on lots developed with existing or proposed dwellings.
2. An ADU may be established by the following methods:
a. Attached to, or located within, an existing or proposed primary
dwelling.
b. A new detached structure, or located within or attached to an
accessory structure, including detached garages or similar structures.
c. Conversion of permitted existing attached or detached accessory
structures, including garages, storage areas, or similar structures.
d. Reconstruction of a permitted existing structure or living area that is
proposed to be converted to an ADU, or a portion thereof, in the same
location and to the same dimensions and setbacks as the existing
structure.
3. A Junior Accessory Dwelling Unit (JADU) may be established within the
space of the primary dwelling, including an attached garage or attached
accessory structure.
4. A JADU may be established within the space of the primary dwelling in
combination with the construction of one detached, new construction ADU
not exceeding 850 square-feet and a height of 16 feet with four-foot side and
rear setbacks.
5. The existing unit may be considered the ADU, in conjunction with the
construction of a new primary dwelling unit built, if all applicable zoning
requirements are met.
Page 161 of 257
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6. ADUs shall be permitted on lots developed with existing multi-family
dwellings subject to the following provisions:
a. The property shall be developed with an existing multi-family
structure(s).
b. A minimum of one ADU may be constructed, or up to 25 percent of the
existing unit count, within non-livable space, including, but not limited
to, storage rooms, passageways, attics, basements, or closets.
c. The construction of two detached ADUs with a maximum size of 850
square feet, or 1,000 square feet with more than one bedroom, shall
be permitted in addition to ADUs created within non-livable space,
subject to a maximum height of 16 feet, and four-foot side and rear
setbacks.
d. Existing livable space of multi-family dwelling units shall not be
converted to ADUs.
C. Permit Requirements:
1. The City shall ministerially review and act on a building permit application for
an ADU or JADU within 60 days after receiving the application. An ADU or
JADU proposed with a permit application for a new primary dwelling shall not
be approved until the primary dwelling receives approval. A certificate of
occupancy for an ADU or JADU shall not be issued before occupancy is
granted for the primary dwelling.
2. Unless otherwise preempted by state law, the design and construction of all
newly constructed ADUs and JADUs shall comply with all applicable
building, housing, zoning and site development standards of the Arroyo
Grande Development Code, including but not limited to standards regarding
setbacks, floor area ratio standards, height, lot coverage, and in the
surrounding neighborhood that are listed in the California Register of Historic
Places. Applicants shall also comply with all applicable fee and charge
requirements, and other applicable zoning requirements.
3. Pursuant to Government Code Section 65852.2(e) (2), the City shall not
require the correction of nonconforming zoning conditions as a condition for
ministerial approval.
D. Development Standards.
1. ADU Type, Location & Size.
Page 162 of 257
RESOLUTION NO.
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a. Attached Unit: An ADU attached to an existing primary dwelling shall
have a minimum size of 150 square feet and shall not exceed 50
percent of the total existing or proposed living area of the primary
dwelling, except as provided by the By-Right Provision below.
b. Detached Unit: An ADU structurally independent and detached from
the existing primary dwelling shall have a minimum size of 150 square
feet and shall not exceed 1,200 square feet.
c. Conversion of Existing Structure: An ADU constructed within the
footprint of an existing dwelling or attached or detached structure shall
not be subject to a maximum square-footage of living area. Expansion
of an existing structure proposed to be converted to an ADU is limited
to 150 square feet for purposes of accommodating ingress and egress.
d. By-Right Provision: An attached or detached ADU with a maximum
size of 850 square-feet or 1,000 square-foot with more than one
bedroom shall be permitted in any circumstance subject to a maximum
height of 16 feet, four-foot side and rear setbacks, and compliance
with all building codes. No minimum lot size or lot coverage
requirement shall apply.
e. ADUs shall have independent exterior access from the primary
dwelling. No passageway to the primary dwelling shall be required.
f. Maximum Slope. The building site upon which the accessory dwelling
unit will be constructed shall not have an average slope in excess of
twenty (20) percent. A topographic map and slope analysis, as
recommended by the community development director, shall be
stamped and signed by either a registered civil engineer, registered
architect, or registered landscape architect. Average slope is defined
as follows:
S = I x L x 100
A x 43,560
Where
S = average natural slope, in percent.
I = interval, in feet, of the contour lines.
L = the sum, in feet, of the length of the contour lines, at selected
contour interval "I".
A = the total area, in acres, of the site.
Page 163 of 257
RESOLUTION NO.
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g. ADUs shall not be required to provide fire sprinklers if they are not
required for the primary residence.
2. JADU Location and Size.
a. A JADU shall be constructed entirely within an existing or proposed
primary dwelling and shall not exceed 500 square-feet.
b. JADUs shall have an independent exterior entrance from the primary
dwelling, but may also include shared access between the two units.
3. Required Setbacks.
a. An attached or detached ADU not exceeding 850 square feet or 1,000
square feet with more than one bedroom, and a height no greater than
16 feet shall provide a minimum setback of four feet from the side and
rear property lines. ADUs exceeding the maximum square footage or
height specified in this provision shall be subject to compliance with
setbacks of the underlying zoning district.
b. Cornices and eaves may project into the required yards by no more than
one foot.
c. ADUs shall comply with the front yard setback and be located on the rear
portion of a parcel whenever possible. unless no feasible alternative
exists. Feasibility is determined whether a by-right ADU can physically
be constructed behind the primary dwelling due to the presence of
maximum slope, other structures, existing easements, or drainage
features.
d. When an ADU is created within an existing structure, the side and rear
setbacks must be sufficient for fire safety as determined by the Fire
Department.
e. No setback shall be required for an existing garage or accessory structure
converted, or portion thereof, to an ADU and no setback shall be
required for a new structure constructed in the same location and
same dimensions as an existing structure.
f. An ADU constructed above an existing garage or dwelling unit, exceeding
16-feet in height, shall meet the side and rear setbacks of the
underlying zoning district.
Page 164 of 257
RESOLUTION NO.
PAGE 10
g. Roof top decks shall not be permitted on any detached ADU.
h. Staircases serving an ADU shall provide a minimum setback of four feet
from the side and rear property lines subject to approval by the Fire
Department.
4. Height and Maximum Lot Coverage.
ADUs exceeding 850 square feet or 1,000 square feet with more than one
bedroom, and/or a height of 16 feet shall comply with the height, floor-area
ratio, and maximum lot coverage of the underlying zoning district.
5. Parking.
a. One additional off-street parking space shall be required per unit; with
exceptions per subsection g, below.
b. No parking space shall be required for an ADU or JADU established within
an existing structure.
c. Parking spaces shall be a minimum dimension of 9 foot by 18 foot except
as specified below.
d. Parking spaces may be located in any configuration on the same lot as
the ADU, including, but not limited to, as covered spaces, uncovered
spaces, tandem spaces, or by the use of mechanical automobile
parking lifts.
e. Required off-street parking shall be permitted in front, side, and rear
setback areas subject to the following:
i. Parking may be located on an existing driveway but shall not block
sidewalk access or encroach into the public right-of-way.
ii. Parking spaces within a side yard must have a minimum clear
space width of 10-feet. Vehicles shall not block exterior windows or
doors of a dwelling or access to utility boxes or meters.
iii. Vehicles must be parked on an acceptable surface of concrete,
asphalt, gravel, brick, permeable paver or other stable, dust-free
surface.
iv. No more than 50% of a front yard shall be dedicated to vehicle
parking.
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RESOLUTION NO.
PAGE 11
v. No parking shall be allowed in front yard landscaping areas.
vi. Access to on-site parking spaces shall be provided via an approved
driveway location only.
f. When a garage, carport, or covered parking structure that provides the
required spaces for the primary dwelling is demolished or converted in
conjunction with the construction of an ADU, no replacement parking
shall be required.
g. Parking Exemption: As required by Government Code Section 65852.2(d),
parking space for an ADU shall not be required in any of the following
instances:
i. The ADU is located within one-half mile walking distance of public
transit.
ii. The ADU is located within an architecturally and historically
significant historic district.
iii. The ADU is part of the existing or proposed primary residence or
an existing accessory structure.
iv. When on-street parking permits are required but not offered to the
occupant of the ADU.
v. When there is a car share vehicle located within one block of the
ADU.
6. Objective Design Standards
a. The colors of the exterior walls, roof, eaves, and windows and doors of a
new, detached ADUs must match the appearance and architectural
design of those of the primary dwelling.
b. If a garage is converted to an ADU, the garage door opening shall be
replaced with exterior wall coverings, or residential windows and doors,
to match the existing exterior garage wall covering and detailing.
c. ADUs created under the By-Right Provisions of this Section are exempt
from the Objective Design Standards, including ADUs with pre-
approved plans and factory-built housing.
d. Where ADUs are to be located within the front yard setback in accordance
with Section D.3.c, the Objective Design Standards shall apply.
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e. ADUs located in the D-2.4 Historic Character Overlay District shall comply
with the Objective Design Standards.
a. Second floor living area shall be setback 5 feet from the ground
floor footprint.
b. Window sashes and doorframes shall be made of wood or vinyl
simulating the appears of wood. Unfinished aluminum is not
allowed.
c. New or replacement doors shall be wood or an approved substitute
material that simulates the appearance of original materials.
d. The use of fluorescent “neon”, “day-glo”, or bright primary colors as
the predominant shade on building facades is not permitted.
7. Impact Fees & Utilities.
a. An ADU under 750 square feet shall not be charged development impact
fees. An ADU equal to or greater than 750 square feet may be charged
development impact fees. These development impact fees shall be
proportional to the square footage of the main dwelling and calculated
using the ADU square footage.
b. ADUs and JADUs shall comply with water and sewer requirements as
determined by the Public Works Department.
c. The City shall not require a new or separate utility connection or impose a
related connection fee or capacity charge for ADUs or JADUs that are
contained within an existing residence or accessory structure. Pursuant
to Government Code Section 65852.2(f)(5) an ADU not built within the
existing space of a single family house or accessory structure may be
required to obtain a new or separate utility connection as determined by
the Public Works Department and may be subject to a connection fee or
capacity charge based on its square footage or the number of its
drainage fixtures unit values.
E. Conditions.
1. An ADU/JADU shall not be sold or otherwise conveyed separate from the
primary residence.
2. An ADU/JADU may serve as a rental unit or be occupied by family
members, guests, or in-home health care providers, and others at no cost.
Page 167 of 257
RESOLUTION NO.
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3. Neither the ADU/JADU nor the primary dwelling unit shall be rented for a
term of less than 31 days. ADUs on multi-family properties shall be subject
to this provision, except the restriction shall not apply to existing multi-
family units
4. Owner-occupancy shall be required for a property developed with a JADU.
The owner may reside in either the primary dwelling or the JADU.
The property owner shall record a covenant, approved as to form by the City
Attorney, declaring compliance with each and every condition referenced in this
section.
SECTION 3. This Ordinance is exempt from the California Environmental Quality Act in
accordance State CEQA Guidelines, Article 18: Statutory Exemptions, Section
15282(h).This section of CEQA provides a statutory exemption for “the adoption of an
ordinance regarding second units [accessory dwelling units] in a single-family or
multifamily residential zone by a city or county to implement the provisions of Sections
65852.1 and 65852.2 of Government Code as set forth in Section 21080.17 of the
Public Resources Code.” The City Clerk shall file a Notice of Exemption from CEQA
review in accordance with CEQA Guidelines.
SECTION 4. 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 5. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 6. 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.
Page 168 of 257
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On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2022.
Page 169 of 257
RESOLUTION NO.
PAGE 15
___________________________________
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 170 of 257
ATTACHMENT 6
DRAFT RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE PROVIDING FOR AN ACCESSORY
DWELLING UNIT FEE WAIVER PROGRAM
WHEREAS, Section 16.52.150 of the Arroyo Grande Municipal Code (AGMC) contains
the City’s regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units
(collectively, “ADUs”) consistent with the requirements of Government Code Sections
65852.2 and 65852.22, and ADUs present an opportunity to develop more affordable
housing in the City; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to further the policies,
goals and programs of the Housing Element of the City's General Plan and to help
facilitate the development of affordable housing within the City by creating an ADU Fee
Waiver Program under which building permit fees and utility connection fees can be
waived for ADUs that are 500 square feet o r less and the property owners agree to rent
the ADU to either low income or very low income households; and
WHEREAS, the City Council finds that providing a variety of housing options to workers
of all income levels is socially and economically beneficial to the City and its residents;
and
WHEREAS, to the extent that building permit fees and utility connection fees present a
barrier to the development of affordable ADUs, the ADU Fee W aiver Program will provide
an incentive to their construction and making them available to low-income or very low-
income households.
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. ADU FEE WAIVER PROGRAM.
City Staff is hereby authorized to implement an ADU Fee Waiver Program. Building permit
fees and utility connection fees for Accessory Dwelling Units of 500 square feet or less
shall be waived when:
A. The property owner agrees to rent the ADU to either a low-income household for
a period of ten (10) years, or a very low-income household for a period of seven
(7) years. Prior to receiving a building permit, the ADU owners shall execute and
record an “Accessory Dwelling Unit Affordable Housing Declaration of Covenants
and Land Use Restrictions - Fee Waivers” in a form approved by the City Attorney.
B. In implementing this ADU Fee W aiver program, the City shall rely on affordable
Page 171 of 257
RESOLUTION NO.
PAGE 2
rental limits established by San Luis Obispo County and published each month.
C. The Accessory Dwelling Unit Affordable Housing Declaration of Covenants and
Land Use Restrictions - Fee Waivers, shall provide that the property owner shall
annually provide the City with evidence that rents collected comply with affordable
limits.
D. Money from the City of Arroyo Grande Inclusionary Housing Affordable Housing
Trust Fund shall be used to offset and recoup the revenue that otherwise would
have been due to the City for building and connection fees as a result of the ADU
Fee Waiver Program. Staff shall provide an annual update to the Council on the
status of the Program and impacts to the Trust Fund.
SECTION 3. 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 dec lared 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 4. This Resolution shall be effective immediately upon its adoption.
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 13th day of September, 2022.
Page 172 of 257
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 173 of 257
Item 9.b.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Introduction of Ordinance Amending Title 16 of the Arroyo Grande
Municipal Code Regarding Short Term Rentals (Vacation Rentals and
Homestays); Development Code Amendment 22-002
DATE: September 13, 2022
SUMMARY OF ACTION:
Introduction of the proposed amended Ordinance regulating short term rentals.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
In accordance with Chapter 3.24 of the Arroyo Grande Municipal Code (AGMC), Short
Term Rentals are required to pay the City’s transient occupancy tax (TOT) in the amount
of 13.5% of the rent charged by the operator, 10% of which is retained by the City, 2% is
provided to the Arroyo Grande Tourism Business Improvement District (AGTBID), and
1.5% is provided to the San Luis Obispo County Tourism Marketing District (SLOTMD)
(Visit SLO Cal). The City currently received an estimated $150,000 in FY 2021-22 in TOT
from Short Term Rentals.
RECOMMENDATION:
Introduce an Ordinance amending Title 16 of the AGMC regarding short term rentals.
BACKGROUND:
On June 10, 2014, the City Council adopted Ordinance No. 663, establishing vacation
rentals and homestays (Short Term Rentals or STRs) as permitted land uses in the City’s
residential zoning districts, subject to the approval of a Minor Use Permit -Plot Plan
Review (Attachment 2). A vacation rental is defined as a structure being rented for less
than thirty (30) days without concurrently being occupied by the owner/operator, while a
homestay is defined as an owner-occupied dwelling unit where a maximum of two short-
term lodging rooms are provided for compensation. These two uses are collectively
known as Short Term Rentals or STRs.
Page 174 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 2
During the development of Ordinance 663, both the Planning Commission and City
Council discussed potential issues related to noise, parking, and other general nuisances.
Ultimately, both bodies came to the conclusion that these concerns could be addressed
by compliance with the performance standards and abiding by conditions of approval.
Additionally, these issues were found to be similar to instances when long-term renters,
homeowners, and private guests of homeowners are the cause of these types of
nuisances. Performance standards were adopted to address these issues when an STR
is reviewed and considered for approval. For example, Ordinance 663 requires applicants
to provide a local contact to address noise and general disturbance issues that may arise
from the STR. A 300-foot buffer between rentals on the same street is required to prevent
the oversaturation of STRs in a neighborhood.
Arroyo Grande Municipal Code Section 16.52.230 lists the performance standards
required to be complied with in order to receive approval for and to operate a vacation
rental, which are as follows:
1. Operators of vacation rentals are required to obtain a minor use permit-plot plan
review (Section 16.16.080) and a business license.
2. Any proposed vacation rental shall be compatible with the neighborhood in which
it is located in terms of landscaping, scale and architectural character. The use
shall be harmonious and compatible with the existing uses with the neighborhood.
3. All Building Code and Fire Code requirements for the level of occupancy of the
vacation rental shall be met.
4. All environmental health regulations shall be met.
5. The operator of the vacation rental shall, at all times while the property is being
used as a vacation rental, maintain a contact person/entity within a fifteen -minute
drive of the property. The contact person or entity must be available via telephone
twenty-four (24) hours a day, seven days a week, to respond to complaints
regarding the use of the vacation rental. The contact person or entity shall respond,
either in person or by return telephone call, with a proposed resolution to the
complaint within three hours between seven a.m. and nine p.m., and within thirty
(30) minutes between nine p.m. and seven a.m.
6. The operator of the vacation rental shall annually, at the time of renewal of the
business license, notify the community development department of the name,
address and telephone number of the contact person required in subsection (C)(6).
7. A written notice shall be conspicuously posted inside each vacation rental unit
setting forth the name, address and telephone number of the contact person
required in subsection (C)(6). The notice shall also set forth the address of the
vacation rental, the maximum number of occupants permitted to stay overnight in
the unit, the maximum number of vehicles allowed to be parked on -site, and the
day(s) established for garbage collection. The notice sha ll also provide the non-
emergency number of the Arroyo Grande Police Department.
Page 175 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 3
8. On-site advertising of the vacation rental is prohibited.
9. The number of overnight occupants shall be limited to two persons per bedroom
and two additional persons. A bedroom shall meet the minimum size requirements
as defined in the Building Code.
10. All refuse shall be stored in appropriate containers and placed at the curb for
collection every week.
11. The operator of the vacation rental shall pay transient occupancy tax as requir ed
by Arroyo Grande Municipal Code Section 3.24.030.
12. Establishment of a vacation rental within three hundred (300) feet of an existing
vacation rental on the same street shall not be permitted.
13. Violations. Violation of these requirements shall constitute g rounds for revocation
of the minor use permit pursuant to Section 16.16.220.
Arroyo Grande Municipal Code Section 16.52.240 lists the performance standards
required to be complied with in order to receive approval for and to operate a homestay,
which are as follows:
1. Operators of homestays are required to obtain a minor use permit-plot plan review
(Section 16.16.080) and a business license.
2. Any proposed homestay shall be compatible with the neighborhood in which it is
located in terms of landscaping, scale and architectural character. The use shall
be harmonious and compatible with the existing uses with the neighborhood.
3. All Building Code and Fire Code requirements for the level of occupancy of the
homestay shall be met.
4. All environmental health regulations shall be met.
5. The operator shall reside on the premises.
6. Individual guest stays shall be limited to fourteen (14) days, with a seven -day
period between stays.
7. On-site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requi rements as defined in the Building
Code.
9. The operator of the homestay shall pay transient occupancy tax as required by
Arroyo Grande Municipal Code Section 3.24.030.
10. Establishment of a homestay within three hundred (300) feet of an existing
homestay on the same street shall not be permitted.
11. Violations. Violation of these requirements shall constitute grounds for revocation
of the minor use permit pursuant to Section 16.16.220.
On September 3, 2019, the Planning Commission received a status report on the C ity’s
STR regulations and made a number of recommendations including:
1. Implementation of parking requirements for STRs;
2. Administrative fines for non-permitted STRs;
Page 176 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 4
3. Utilization of compliance technology to address non-permitted STRs; and
4. Reconsideration of current buffer distances or methods.
On October 12, 2021, the City Council directed staff to bring back a discussion item at a
future meeting to evaluate Ordinance 663 after receiving public comment expressing
concerns regarding the recent proliferation of STRs, the application and appeal pro cess
associated with STRs, and other related issues such as the same street buffer.
On March 22, 2022, the City Council conducted a study session regarding the existing
short term rental ordinance. The Council made a number of recommendations , including:
Establishing a cap on the overall number of vacation rental approvals that can be
granted;
Contracting with an enforcement company to identify unpermitted rentals;
Altering the methodology for how the buffer distance between rentals is calculated;
Establishing objective revocation triggers;
Requiring that all mailing labels for vacation rentals be provided by the City and
paid for by the applicant;
Improving performance standards to ensure greater compatibility with the
neighborhood;
Consider an expiration clause; and
Considering whether to impose a parking requirement.
A Resolution containing a draft Ordinance was developed from these discussion points
for the Planning Commission’s consideration. On August 2, 2022, the Planning
Commission conducted a noticed public hearing to consider the proposed revisions to
AGMC Sections 16.52.230 and 16.52.240 and adopted a Resolution recommending the
City Council adopt an ordinance amending the regulations regarding short term rentals.
Their recommendations included the following amendments:
1. Establish a cap on vacation rentals of 120.
2. Increase the buffer between short term rentals of all kinds to 500 feet and provide
a buffer from all schools of 500 feet.
3. Initiate revocation procedures if a designated emergency conta ct is unresponsive
three consecutive times or if a citation is issued to a short-term rental tenant by the
Police Department.
4. Require that short term rental permits expire at the point of sale of the property.
5. Require that any unit previously occupied by a long-term renter within the past year
be ineligible to become a short-term rental.
6. Incorporate the same proposed performance standards for homestays as vacation
rentals.
7. Provide two parking spaces off -street for all short-term rentals. The parking spaces
can be covered or uncovered.
Page 177 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 5
ANALYSIS OF ISSUES:
Trends
When Ordinance 663 went into effect in 2014, it was a first of its kind in San Luis Obispo
County. While drawing on existing regulations implemented sporadically throughout the
County, the Ordinance addressed the growing trend in home sharing by regulating both
vacation rentals and homestays.
Since the Ordinance’s implementation, the City has permitted eighty-six (86) vacation
rentals and forty-seven (47) homestays. The following list represents the number of short-
term rentals approved per year:
2014 – Two (2) vacation rental approvals; five (5) homestay approvals
2015 – Two (2) vacation rental approvals; one (1) homestay approval
2016 – Six (6) vacation rental approvals; two (2) homestay approvals
2017 – Five (5) vacation rental approvals; seven (7) homestay approvals
2018 – Seven (7) vacation rental approvals; six (6) homestay approvals
2019 – Eighteen (18) vacation rental approvals; seven (7) homestay approvals
2020 – Ten (10) vacation rental approvals; four (4) homestay approvals
2021 – Nineteen (19) vacation rental approvals; six (6) homestay approvals
2022 – Seventeen (17) vacation rental approvals; nine (9) homestay approvals*
*Approvals listed for 2022 reflect approvals granted though the end of August.
STR Appeals
Since the adoption of the Ordinance, nine (9) permits that were approved by the
Community Development Director for the establishment of a vacation rental have been
appealed to the Planning Commission, and zero (0) permits that were approved for the
establishment of a homestay have been appealed. All nine (9) of the appeals were denied
by the Commission and the Community Development Director’s decision was upheld. Of
the nine (9) appeals that were denied by the Planning Commission, two (2) approvals
were further appealed to the City Council. Both of those appeals were later denied by the
City Council. In addition to the nine (9) appeals filed by community members, the Planning
Commission voted to appeal a vacation rental approval at its August 2, 2022 meeting.
That appeal will be held before the Planning Commission and is currently scheduled for
September 20, 2022.
Housing Needs
The City’s General Plan is the blueprint for how development activities are to occur within
City limits. Housing Element Policy B.6. states: “The City shall continue to regulate the
use of existing residences on residentially zoned properties for vacation rentals.” Housing
Element Program B.6-1 states: “The City shall monitor the loss of permanent workforce
housing from vacation rentals and consider modifying the Development Code to adjust
for this loss.”
Page 178 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 6
The most recent data available from the United State s Census Bureau estimates that
there are 7,847 housing units in the City, and 2,169 of those are rental units. Analysis of
the ownership information of properties where vacation rentals are permitted indicates
that a majority of the vacation rentals are rented on a part time basis when owner s are
absent. The current number of vacation rentals (86) comprises approximately 4% of the
City’s total rental housing market. While this may not appear to be a significant impact on
the City’s housing stock at this time, analysis was completed utilizing the City’s
Geographic Information System (GIS) that estimate a total of 716 vacatio n rentals could
be permitted under the current regulations. This would constitute 33% of the City’s rental
housing stock.
Financial Impact
Operators of vacation rentals and homestays are required to obtain a Business License
from the City every year, as well as remit Transient Occupancy Tax (TOT). TOT is
assessed to any short-term occupancies in the City, whether it be at a hotel, motel, bed
and breakfast, vacation rental, or homestay, at a rate of 13.5% of fees charged for lodging.
Ten percent (10%) of this tax goes into the City’s General Fund, which , among other
things, is used for the maintenance of City streets and services being used by the short-
term occupants of these facilities. Two percent (2%) of the tax is allocated to the AGTBID
for the purpose of marketing and promotional efforts for the local lodging industry and the
final one and one-half percent (1.5%) of the tax is remitted to the SLOTMD (Visit SLO
Cal) for the purpose of marketing and promotional efforts for the County lodging industry.
The Mid-Cycle Budget for FY 2022-23 projects that the City will receive approximately
$1,300,000 in TOT. It is estimated that $155,000 will come from STRs during this fiscal
year. In FY 2021-22, the City received an estimated $150,000 in TOT from STRs.
Unpermitted STRs
One of the most difficult issues associated with implementation of the Ordinance is
enforcement associated with non-permitted rentals. At any given time, searches can be
done on many of the popular internet vacation rental sites that show rentals operating
outside of City regulations. However, efforts necessary to find, geo -locate, track, build a
case of facts, and attempt to rectify illegal rentals are significantly time consuming.
Currently, City staff will monitor and rectify noncompliant rentals when there is a
complaint, or when staff resources are available, which is infrequent.
The City advertised a Request for Proposals (RFP) to select a firm to assist with ensuring
short term rental hosts are compliant with the City’s regulations and to help the City
identify unpermitted rentals that are operating within the City. This RFP closed on August
4, 2022. Staff has since reviewed the proposals and interviewed the top three (3) firms.
Contract negotiations with the top firm are underway and a contract is expected to be fully
Page 179 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 7
executed in September. Based on estimates provided by one company, there may be
between 150-200 unpermitted STRs operating in the City. Services from the selected
consultant will help ensure that these STRs either come into compliance with City
regulations or cease operations. It is anticipated that these efforts will increase collection
of TOT revenue and either significantly or entirely offset the cost of the consultant’s
services.
ORDINANCE REVISIONS
Cap on Total Number of VRs
During the study session on March 22, 2022, the City Council recommended capping the
total number of permitted vacation rentals at one-hundred twenty (120), which represents
approximately 1.5% of the housing units within the City.
On August 2, 2022, the Planning Commission concurred that the cap for approved
vacation rentals within the City should be one-hundred twenty (120). As of August 31,
2022, a total of eighty-six (86) vacation rentals have been granted approval to operate.
After reaching the cap, the City could keep a waiting list of property owners wish ing to
entitle a vacation rental until there is another available opening. The Planning
Commission did not express a preference as to whether the waiting list should be
implemented through a first-come-first served or through a lottery approach. Staff is
recommending that a waiting list be created, and has included this in the draft ordinance.
Short Term Rental Buffer
At the study session on March 22, the City Council recommended changing the
methodology for calculating vacation rental eligibility to preclude the approval of a
vacation rental within a three-hundred-foot (300’) radius of another vacation rental,
regardless of the street address for each application. This recommendation did not
address the fact that under the existing code, the buffer only applies to vacation rentals.
Homestays are subject to their own three-hundred-foot (300’) radius from each other;
therefore, vacation rentals and homestays can be located next to each other.
On August 2, 2022, the Planning Commission recommended expanding the buffer
distance between any type of short-term rentals to five-hundred feet (500’) regardless of
street address and recommended that this restriction also apply to both vacation rentals
and homestays. Additionally, the Planning Commission recommended establishing a five-
hundred-foot (500’) buffer from all schools for both short term rental types. Staff has
included this additional buffer into the draft ordina nce.
Revocation Process
During the March study session, the City Council discussed the objective triggers that
could be utilized to revoke permits that are operating out of compliance with their
performance standards. Council requested that the Planning C ommission suggest
Page 180 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 8
specific triggers involving a number of verified complaints that are received regarding a
particular property.
During its meeting on August 2, 2022, the Planning Commission suggest ed that
revocation procedures be initiated against any permit holder whose emergency contact
was unresponsive three consecutive times. Additionally, the Planning Commission
recommended initiating revocation procedures against any permit holder whose short-
term rental guests’ behavior resulted in a citation from the Arroyo Grande Police
Department. Staff has included this recommendation into the draft ordinance.
Expiration
There is currently only one way that a short-term rental approval can expire separately
from the revocation process. Short term rental approvals are conditioned to expire two
years from the date of approval if a Business License has not been issued. During the
short-term rental study session on March 22, 2022, the City Council suggested adding an
additional expiration threshold where approvals would automatically expire if an operator
does not remit TOT to the City for a consecutive period of twelve (12) months.
In addition to the expiration clause recommended by the City Council, the Planning
Commission recommended that short term rental permits be conditioned to automatically
expire at the point at which the property is sold to a new owner. Following discussions
with the City Attorney, staff is not recommending that this recommendation from the
Planning Commission be included. Short-term rentals permits run with the land, and a
permit expiration based on change in ownership is inconsistent with the City’s approval
process of a MUP-Plot Plan Review. Regarding expiration, the proposed ordinance does
not include language requiring the automatic expiration of an approval upon sale.
It should also be noted that existing short-term rentals will have the status of being legal
nonconforming uses under AGMC Section 16.48.110(B)(1), which provides as follows:
Right to Continue a Nonconforming Use. A use lawfully occupying a
structure or a site, that does not conform with the use regulations and site
area regulations for the district in which it is located shall be deemed to be
a nonconforming use and may be continued, except as otherwise provided
by this section. Continuation of a nonconforming use may include a change
of ownership, tenancy or management if the building, structure, land use or
activity is substantially unchanged.
One approach to address the legal nonconforming status would be to provide an
amortization period to provide a reasonable time period before the permit holder subject
to loss of its legal status has to conform to the new requirements in consideration of the
investment involved in the use. In that regard, it is noted that owners of short-term rentals
Page 181 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 9
would still have the use of their property and could also rent them out on a long-term
basis. If the City Council would like an amortization period to be considered, further
direction to staff would be appropriate.
Performance Standards
During the March 22, 2022 study session, the City Council asked that the Planning
Commission develop objective performance standards with the goal of making the
revocation process simpler to initiate for properties that are not operating in a way that is
compliant with the City’s short-term rental regulations. Additionally, the City Council
suggested that the performance standards be amended to require that vacation rental
applicants be required to purchase the required mailing labels from the City to ensure
proper noticing is performed for each application.
At their meeting on August 2, 2022, the Planning Commission recommended that the
amended short term rental ordinance include provisions that homestays not be approved
within Planned Unit Developments, aligning with staff’s recommendation that vacation
rentals be prohibited in PUDs. Additionally, the Commission recommended that any new
performance standards that are applied to vacation rentals also apply to homestays. The
proposed ordinance includes requirements that applicants purchase mailing labels
directly from the City, that vacation rentals be prohibited in PUDs, that the buffer distance
between short term rentals be increased to five-hundred feet (500’) and that no short-
term rental of any type be approved within five -hundred feet of another short-term rental
or school. Additionally, the draft ordinance includes language which caps the total number
of vacation rentals allowed within the City at one -hundred-twenty (120), allows staff to
initiate revocation procedures of a vacation rental’s emergency contact is non -responsive
three times or if the property is issued a citation for guest behavior by the AGPD and
requires that short term rental operators remit TOT to the City at least once every twelve
(12) months. Lastly, the draft ordinance includes language which requires vacation rentals
to provide two (2) off-street parking spaces and requires homestays to provide one (1)
off-street parking space per bedroom rented.
Parking
During the March 22, 2022 study session, the City Council asked the Planning
Commission to consider the application of a parking requirement for short term rentals.
At its meeting on August 2, 2022, the Planning Commission recommended that a parking
requirement of two (2) parking spaces be provided for each vacation rental, and one (1)
off-street parking space per rented bedroom for each homestay. The parking spaces
could be covered or un-covered, but must be provided off -street.
Definitions
Page 182 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 10
Staff is recommending that the definitions of both vacation rentals and homestays be
amended to allow staff to more easily define short term renta ls that occur on properties
with multiple units and to further clarify that a homestay requires the property owner not
only to classify the property as their primary residence, but also that the property owner
is physically present on-site while renting a portion of their residence.
Each of the preceding amendments is included in the proposed amended Ordinance
except where noted regarding expiration at point of sale . Redlines showing the proposed
changes from the existing ordinance are also included as a separate attachment.
Introduction of the proposed ordinance amending the City’s Short Term Rental
regulations will enable the ordinance to be adopted at a future City Council meeting.
ALTERNATIVES:
1. Introduce an Ordinance amending the short-term rental regulations within the City;
2. Revise and introduce an Ordinance amending the short-term rental regulations
within the City; or
3. Provide other direction to staff.
ADVANTAGES:
Introduction of the amended Ordinance will allow the City to further regulate short term
rentals in a manner that is harmonious with the existing character of the neighborhoods
in which the rentals currently or will exist.
DISADVANTAGES:
If the proposed ordinance is ultimately adopted, it will establish a cap on Short Term
Rentals that will reduce potential TOT revenue from new STRs.
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
amendments to the short-term rental regulations is categorically exempt from CEQA
pursuant to Section 15305 – Minor Alterations in Land Use Limitations.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Ordinance
2. Proposed Ordinance with redlines
Page 183 of 257
Item 9.b.
City Council
Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code
Regarding Short Term Rentals (Vacation Rentals and Homestays); Development
Code Amendment 22-002
September 13, 2022
Page 11
3. Minutes from the September 3, 2019 Planning Commission meeting
4. Minutes from the October 12, 2021 City Council meeting
5. Minutes, staff report and attachments from the March 22, 2022 City Council
meeting
6. Minutes from the August 2, 2022 Planning Commission meeting
7. Staff report and attachments from the August 2, 2022 Planning Commission
meeting
Page 184 of 257
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 REGARDING VACATION RENTALS AND
HOMESTAYS
WHEREAS, the City of Arroyo Grande (“City”) currently regulates vacation rentals or
homestays as established by Ordinance No. 663; and
WHEREAS, due to the increasing popularity of vacation rentals and homestays, the City
Council held a study session on March 22, 2022 to discuss impacts and complaints
associated with short term rentals; and
WHEREAS, Council directed staff to amend existing regulations to ensure that impacts
are addressed and mitigated and that the character of existing neighborhoods is
maintained, while providing an expanded type of lodging facility available within the City;
and
WHEREAS, it is the purpose of this Ordinance to protect the public health, safety, and
welfare within the City by establishing rules and requirements for vacation rentals and
homestays; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to the Arroyo
Grande Municipal Code (“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 August 2, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the matter as presented; and
WHEREAS, on August 2, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council amending Sections 16.52.230 and 16.52.240 of the
Arroyo Grande Municipal Code; and
WHEREAS, the City Council has, after giving notice thereof as required by law, held a
public hearing on September 13, 2022, concerning the proposed amendments to AGMC
Sections 16.52.230 and 16.52.240; and
WHEREAS, the City Council, at its regularly scheduled public meeting on September 13,
2022 introduced this Ordinance to amend Sections 16.52.230, 16.52.240 and 16.04.070
of the AGMC; 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.
Page 185 of 257
ORDINANCE NO.
PAGE 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated herein
by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 16.52.230 is hereby amended as
follows:
SECTION 16.52.230 – VACATION RENTALS
A. Purpose and intent. The purpose of these regulations is to ensure that vacation
rentals located in the city conform to the existing character of the neighborhood in
which they are located and do not create an adverse impact on adjacent
properties.
B. Applicability. Vacation rentals may be permitted only with approval of a minor use
permit. Vacation rentals shall comply with the property development standards of
the underlying district and the performance standards and special conditions listed
in Section 16.52.230.C.
C. Performance standards and conditions for vacation rentals.
1. Operators of vacation rentals are required to obtain a minor use permit-plot plan
review (Section 16.16.080) and a business license.
2. Any proposed vacation rental shall be compatible with the neighborhood in which
it is located in terms of landscaping, scale and architectural character. The use
shall be harmonious and compatible with the existing uses with the neighborhood
3. All Building Code and Fire Code requirements for the level of occupancy of the
vacation rental shall be met.
4. All environmental health regulations shall be met.
5. The operator of the vacation rental shall, at all times while the property is being
used as a vacation rental, maintain a contact person/entity within a fifteen (15)
minute drive of the property. The contact person or entity must be available via
telephone twenty-four (24) hours a day, seven (7) days a week, to respond to
complaints regarding the use of the vacation rental. The contact person or entity
shall respond, either in person or by return telephone call, with a proposed
resolution to the complaint within three (3) hours between 7:00 am and 9:00 pm,
and within thirty (30) minutes between 9:00 pm and 7:00 am . Vacation rental
applicants shall be required to pay the City’s fee at th e time of application to
generate mailing labels for all property owners within 300 feet.
6. The operator of the vacation rental shall annually, at the time of renewal of the
business license, notify the Community Development Department of the name,
address and telephone number of the contact person required in subsection
16.52.230.C.5.
Page 186 of 257
ORDINANCE NO.
PAGE 3
7. A written notice shall be conspicuously posted inside each vacation rental unit
setting forth the name, address and telephone number of the contact person
required in subsection 16.52.230.C.5. The notice shall also set forth the address
of the vacation rental, the maximum number of occupants permitted to stay
overnight in the unit, the maximum number of vehicles allowed to be parked on -
site, and the day(s) established for garbage collection. The notice shall also
provide the non-emergency number of the Arroyo Grande Police Department.
8. On-site advertising of the vacation rental is prohibited.
9. The number of overnight occupants shall be limited to two persons per bedroom
and two additional persons. A bedroom shall meet the minimum size requirements
as defined in the Building Code.
10. All refuse shall be stored in appropriate containers and timely placed at the curb
for collection every week.
11. The operator of the vacation rental shall pay Transient Occupancy Tax (“TOT”) as
required by Arroyo Grande Municipal Code Section 3.24.030.
12. Establishment of a vacation rental within five-hundred feet (500’) of an existing
short term rental or school shall not be permitted.
13. Violations – violation of these requirements shall constitute grounds for revocation
of the minor use permit pursuant to Section 16.16.220.
14. Vacation rentals shall not be approved within Planned Unit Developments (PUDs).
15. The total number of approved vacation rentals within the City shall not exceed one-
hundred twenty (120). Once the cap is reached, complete applications will be
added to a waiting list that will be processed on a first -come-first-served basis if
new approvals become available.
16. Vacation rentals must remit TOT to the City at least once every twelve (12) months,
otherwise the approval will automatically expire.
17. The listed emergency contact for a vacation rental shall not be un -responsive to
neighborhood complaints three (3) consecutive times, otherwise revocation
proceedings shall be initiated.
18. Revocation proceedings shall be initiated if one (1) citation is issued by the Arroyo
Grande Police Department due to rental guest behavior.
19. Vacation rentals shall be required to provide two (2) off-street parking spaces for
use by rental guests. These spaces shall be kept free and clear and the rental
guest shall be made aware of their location for preferred use during the duration
of the stay.
SECTION 3: Arroyo Grande Municipal Code Section 16.52.240 is hereby amended as
follows:
SECTION 16.52.240 – HOMESTAYS
A. Purpose and Intent. The purpose of these regulations is to ensure that
homestays located in the city conform to the existing character of the
neighborhood in which they are located and do not create an adverse impact on
adjacent properties.
Page 187 of 257
ORDINANCE NO.
PAGE 4
B. Applicability. Homestays may be permitted only with approval of a minor use
permit. Homestays shall comply with the property development standards of the
underlying district and the performance standards and special conditions listed in
subsection (C).
C. Performance Standards and Conditions for Homestays.
1. Operators of homestays are required to obtain a minor use permit-plot plan review
(Section 16.16.080) and a business license.
2. Any proposed homestay shall be compatible with the neighborhood in which it is
located in terms of landscaping, scale and architectural character. The use shall
be harmonious and compatible with the existing uses with the neighborhood.
3. All Building Code and Fire Code requirements for the level of occupancy of the
homestay shall be met.
4. All environmental health regulations shall be met.
5. The operator shall reside on the premises during the entire duration of the rental
stay.
6. Individual guest stays shall be limited to fourteen (14) days, with a seven -day
period between stays.
7. On-site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requirements as defined in the Building
Code.
9. The operator of the homestay shall pay Transient Occupancy Tax (“TOT”) as
required by Arroyo Grande Municipal Code Section 3.24.030.
10. Establishment of a homestay within five-hundred (500) feet of an existing short
term rental or school shall not be permitted.
11. Violations. Violation of these requirements shall constitute grounds for revocation
of the minor use permit pursuant to Section 16.16.220.
12. Homestays must remit TOT to the City at least once every twelve (12) months,
otherwise the approval will automatically expire.
13. Revocation proceedings shall be initiated if one (1) citation is issued by the Arroyo
Grande Police Department due to rental guest behavior.
14. Homestays shall be required to provide one (1) off -street parking space per rented
bedroom for use by rental guests. These spaces shall be kept free and clear and
the rental guest shall be made aware of their location for preferred use during the
duration of the stay.
SECTION 4: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as
follows:
16.04.070.C. Definitions
“Homestay” means a structure on an owner-occupied parcel where a maximum of two (2)
short-term lodging rooms are provided for compensation while the property owner is
present on-site.
Page 188 of 257
ORDINANCE NO.
PAGE 5
“Vacation rental” means a structure or structures on a property being rented for less than
thirty (30) days without concurrently being occupied by the owner/operator where the
short-term lodging is provided for compensation.
SECTION 5: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 6: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City 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 7: 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 8: This Ordinance shall take effect thirty (30) days from the date of adoption.
On motion of Council Member , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this ___ day of _________, 2022.
Page 189 of 257
ORDINANCE NO.
PAGE 6
___________________________________
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 190 of 257
ATTACHMENT 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE REGARDING VACATION RENTALS AND
HOMESTAYS
WHEREAS, the City of Arroyo Grande (“City”) currently regulates vacation rentals or
homestays as established by Ordinance No. 663; and
WHEREAS, due to the increasing popularity of vacation rentals and homestays, the City
Council held a study session on March 22, 2022 to discuss impacts and complaints
associated with short term rentals; and
WHEREAS, Council directed staff to amend existing regulations to ensure that impacts
are addressed and mitigated and that the character of existing neighborhoods is
maintained, while providing an expanded type of lodging facility available within the City;
and
WHEREAS, it is the purpose of this Ordinance to protect the public health, safety, and
welfare within the City by establishing rules and requirements for vacation rentals and
homestays; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to the Arroyo
Grande Municipal Code (“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 August 2, 2022 concerning this code
amendment and carefully considered all pertinent testimony and the staff report offered
in the matter as presented; and
WHEREAS, on August 2, 2022, the Planning Commission of the Arroyo Grande
recommended to the City Council amending Sections 16.52.230 and 16.52.240 of the
Arroyo Grande Municipal Code; and
WHEREAS, the City Council has, after giving notice thereof as required by law, held a
public hearing on September 13, 2022, concerning the proposed amendments to AGMC
Sections 16.52.230 and 16.52.240; and
WHEREAS, the City Council, at its regularly scheduled public meeting on September 13,
2022 introduced this Ordinance to amend Sections 16.52.230, 16.52.240 and 16.04.070
of the AGMC; 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.
Page 191 of 257
ORDINANCE NO.
PAGE 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated herein
by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 16.52.230 is hereby amended as
follows:
SECTION 16.52.230 – VACATION RENTALS
A. Purpose and intent. The purpose of these regulations is to ensure that vacation
rentals located in the city conform to the existing character of the neighborhood in
which they are located and do not create an adverse impact on adjacent
properties.
B. Applicability. Vacation rentals may be permitted only with approval of a minor use
permit. Vacation rentals shall comply with the property development standards of
the underlying district and the performance standards and special conditions listed
in Section 16.52.230.C.
C. Performance standards and conditions for vacation rentals.
1. Operators of vacation rentals are required to obtain a minor use permit-plot plan
review (Section 16.16.080) and a business license.
2. Any proposed vacation rental shall be compatible with the neighborhood in which
it is located in terms of landscaping, scale and architectural character. The use
shall be harmonious and compatible with the existing uses with the neighborhood
3. All Building Code and Fire Code requirements for the level of occupancy of the
vacation rental shall be met.
4. All environmental health regulations shall be met.
5. The operator of the vacation rental shall, at all times while the property is being
used as a vacation rental, maintain a contact person/entity within a fifteen (15)
minute drive of the property. The contact person or entity must be available via
telephone twenty-four (24) hours a day, seven (7) days a week, to respond to
complaints regarding the use of the vacation rental. The contact person or entity
shall respond, either in person or by return telephone call, with a proposed
resolution to the complaint within three (3) hours between 7:00 am and 9:00 pm,
and within thirty (30) minutes between 9:00 pm and 7:00 am . Vacation rental
applicants shall be required to pay the City’s fee at th e time of application to
generate mailing labels for all property owners within 300 feet.
6. The operator of the vacation rental shall annually, at the time of renewal of the
business license, notify the Community Development Department of the name,
address and telephone number of the contact person required in subsection
16.52.230.C.5.
Page 192 of 257
ORDINANCE NO.
PAGE 3
7. A written notice shall be conspicuously posted inside each vacation rental unit
setting forth the name, address and telephone number of the contact person
required in subsection 16.52.230.C.5. The notice shall also set forth the address
of the vacation rental, the maximum number of occupants permitted to stay
overnight in the unit, the maximum number of vehicles allowed to be parked on -
site, and the day(s) established for garbage collection. The notice shall also
provide the non-emergency number of the Arroyo Grande Police Department.
8. On-site advertising of the vacation rental is prohibited.
9. The number of overnight occupants shall be limited to two persons per bedroom
and two additional persons. A bedroom shall meet the minimum size requirements
as defined in the Building Code.
10. All refuse shall be stored in appropriate containers and timely placed at the curb
for collection every week.
11. The operator of the vacation rental shall pay Transient Occupancy Tax (“TOT”) as
required by Arroyo Grande Municipal Code Section 3.24.030.
12. Establishment of a vacation rental within five-hundred feet (500’) of an existing
short term rental or school shall not be permitted.
13. Violations – violation of these requirements shall constitute grounds for revocation
of the minor use permit pursuant to Section 16.16.220.
14. Vacation rentals shall not be approved within Planned Unit Developments (PUDs).
15. The total number of approved vacation rentals within the City shall not exceed one-
hundred twenty (120). Once the cap is reached, complete applications will be
added to a waiting list that will be processed on a first -come-first-served basis if
new approvals become available.
16. Vacation rentals must remit TOT to the City at least once every twelve (12) months,
otherwise the approval will automatically expire.
17. The listed emergency contact for a vacation rental shall not be un -responsive to
neighborhood complaints three (3) consecutive times, otherwise revocation
proceedings shall be initiated.
18. Revocation proceedings shall be initiated if one (1) citation is issued by the Arroyo
Grande Police Department due to rental guest behavior.
19. Vacation rentals shall be required to provide two (2) off -street parking spaces for
use by rental guests. These spaces shall be kept free and clear and the rental
guest shall be made aware of their location for preferred use during the duration
of the stay.
SECTION 3: Arroyo Grande Municipal Code Section 16.52.240 is hereby amended as
follows:
SECTION 16.52.240 – HOMESTAYS
A. Purpose and Intent. The purpose of these regulations is to ensure that
homestays located in the city conform to the existing character of the
neighborhood in which they are located and do not create an adverse impact on
adjacent properties.
Page 193 of 257
ORDINANCE NO.
PAGE 4
B. Applicability. Homestays may be permitted only with approval of a minor use
permit. Homestays shall comply with the property development standards of the
underlying district and the performance standards and special conditions listed in
subsection (C).
C. Performance Standards and Conditions for Homestays.
1. Operators of homestays are required to obtain a minor use permit-plot plan review
(Section 16.16.080) and a business license.
2. Any proposed homestay shall be compatible with the neighborhood in which it is
located in terms of landscaping, scale and architectural character. The use shall
be harmonious and compatible with the existing uses with the neighborhood.
3. All Building Code and Fire Code requirements for the level of occupancy of the
homestay shall be met.
4. All environmental health regulations shall be met.
5. The operator shall reside on the premises during the entire duration of the rental
stay.
6. Individual guest stays shall be limited to fourteen (14) days, with a seven -day
period between stays.
7. On-site advertising of the homestay is prohibited.
8. A bedroom shall meet the minimum size requirements as defined in the Building
Code.
9. The operator of the homestay shall pay Transient Occupancy Tax (“TOT”) as
required by Arroyo Grande Municipal Code Section 3.24.030.
10. Establishment of a homestay within five-hundred (500) feet of an existing short
term rental or school shall not be permitted.
11. Violations. Violation of these requirements shall constitute grounds for revocation
of the minor use permit pursuant to Section 16.16.220.
12. Homestays must remit TOT to the City at least once every twelve (12) months,
otherwise the approval will automatically expire.
13. Revocation proceedings shall be initiated if one (1) citation is issued by the Arroyo
Grande Police Department due to rental guest behavior.
14. Homestays shall be required to provide one (1) off -street parking space per rented
bedroom for use by rental guests. These spaces shall be kept free and clear and
the rental guest shall be made aware of their location for preferred use during the
duration of the stay.
SECTION 4: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as
follows:
16.04.070.C. Definitions
“Homestay” means a structure on an owner-occupied parcel where a maximum of two (2)
short-term lodging rooms are provided for compensation while the property owner is
present on-site.
Page 194 of 257
ORDINANCE NO.
PAGE 5
“Vacation rental” means a structure or structures on a property being rented for less than
thirty (30) days without concurrently being occupied by the owner/operator where the
short-term lodging is provided for compensation.
SECTION 5: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 6: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City 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 7: 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 8: This Ordinance shall take effect thirty (30) days from the date of adoption.
On motion of Council Member , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this ___th day of _________, 2022.
Page 195 of 257
ORDINANCE NO.
PAGE 6
___________________________________
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 196 of 257
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
TUESDAY, SEPTEMBER 3, 2019
ARROYO GRANDE COUNCIL CHAMBERS
215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1.CALL TO ORDER
Chair Martin called the Planning Commission meeting to order at 6:00 p.m.
2. ROLL CALL
Planning Commission: Commissioners Jamie Maraviglia,Andrea Montes,Ken Sage,Vice
Chair Frank Schiro and Chair Glenn Martin were present.
Staff Present:Community Development Director Teresa McClish,Planning Manager
Matt Downing,Assistant Planner Andrew Perez,and Permit
Technician Patrick Holub were present.
3. FLAG SALUTE
Commissioner Maraviglia led the flag salute.
4. AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
None.
6. WRITTEN COMMUNICATIONS
The Commission received the following material after preparation of the agenda:
1.One memo dated September 3,2019 from Community Development Director McClish
related to Agenda Item 9.a.
7. CONSENT AGENDA
7.a.CONSIDERATION OF APPROVAL OF MINUTES
Recommended Action:Approve the minutes of the August 20,2019 Regular Planning
Commission Meeting.
7.b.CONSIDERATION OF CERTIFICATE OF COMPLIANCE 19-001;LOCATION –460
COACH ROAD; APPLICANT – MARTIN DELEON, MBS LAND SURVEYS
Recommended Action:It is recommended that the Planning Commission adopt a Resolution
approving Certificate of Compliance 19-001.
Action:Vice Chair Schiro moved to approve the consent agenda as submitted.Commissioner
Maraviglia seconded and the motion passed on the following voice vote:
AYES:Schiro, Maraviglia, Montes, Sage, and Martin
NOES:None
ABSENT:None
8. PUBLIC HEARINGS
None.
ATTACHMENT 3
Page 197 of 257
PLANNING COMMISSION PAGE 2
MINUTES
SEPTEMBER 3, 2019
9. NON-PUBLIC HEARINGS
9.a.CONSIDERATION OF A STATUS REPORT ON THE CITY’S SHORT TERM
RENTAL ORDINANCE (Downing)
Recommended Action:It is recommended that the Planning Commission discuss the short
term rental ordinance,provide feedback to staff,and make a recommendation to the City
Council, if necessary.
Planning Manager Downing presented the staff report and responded to Commissioner
questions regarding enforcement, parking, and the permitting process.
Chair Martin opened the public comment period.
Jimmy Lehey asked whether the number of vacation rentals impacts the price of rental housing
in the City.
Chair Martin closed the public comment period.
It was the consensus of the Commission that the following items be discussed by the City
Council:
1.Implementation of parking requirements;
2.Administrative fines for non-permitted short term rentals;
3.Utilization of compliance technology to address non-permitted short term rentals; and
4.Reconsideration of current buffer distances or methods.
10. ADMINISTRATIVE DECISIONS SINCE AUGUST 20, 2019
Case No.Applicant Address Description Action Planner
PPR 19-019 Tom & Karen
Franck
626 Cerro
Vista Circle
Establishment of a
vacation rental in an
existing single family
residence.
A A. Perez
PPR 19-023 Figueroa
Mountain
Brewery
1462 E.
Grand Ave.
Establishment of a new
outdoor dining area in
an existing parking lot
for an existing
restaurant.
A A. Perez
TUP 19-007 St. Patrick
School
900 W.
Branch
Street
57th Annual Saint
Patrick BBQ and
Auction
A A. Perez
PPR 18-030 Aaron & Mallory
Scribner
408
Bakeman
Street
Establishment of a
vacation rental in an
existing single family
residence
A A. Perez
ARCH 19-
002
Arroyo Grande
Comercial, LLC
1570 W.
Branch
Street
Commercial façade
approval for entitled
drive-thru
A M. Downing
11. COMMISSION COMMUNICATIONS
Vice Chair Schiro reminded the public that the Arroyo Grande Beer Feast event,which will raise
funds for Meals on Wheels, will be held on October 12, 2019.
Page 198 of 257
PLANNING COMMISSION PAGE 3
MINUTES
SEPTEMBER 3, 2019
12. STAFF COMMUNICATIONS
Community Development Director McClish informed the Commission that the September 17th
meeting would be cancelled due to a lack of a quorum,while staff and some Commissioners attend
the American Planning Associate Conference in Santa Barbara.
13. ADJOURNMENT
The meeting adjourned at 7:48 p.m.
ATTEST:
/s/ Patrick Holub, Permit Technician (Approved at PC Mtg 10-01-2019)
Page 199 of 257
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 12, 2021
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph
M. Brown Act, this meeting was held by teleconference.
1.CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council: Council Members Lan George, Kristen Barneich, Keith Storton, Mayor
Pro Tem Jimmy Paulding, and Mayor Caren Ray Russom were all
present via teleconference.
Staff Present: City Manager Whitney McDonald, Assistant City Manager/Public Works
Director Bill Robeson, City Attorney Timothy Carmel, City Clerk Jessica
Matson, Administrative Services Director Nicole Valentine, Utilities
Manager Shane Taylor.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Ray Russom led the flag salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances read in title only.
None.
6.SPECIAL PRESENTATIONS
6.a. Update Regarding Countywide COVID-19 Efforts.
Recommended Action: Receive update, accept public comments, discuss, and provide
direction, as necessary.
City Manager McDonald provided a brief update on COVID-19 efforts and responded to questions
from Council.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
ATTACHMENT 4
Page 200 of 257
Minutes: City Council Page 2
Tuesday, October 12, 2021
6.b. City Manager Communications.
Recommended Action: Receive correspondence/comments as presented by the City
Manager and provide direction, as necessary.
City Manager McDonald provided an update on Halloween events and stated that the Recreation
Services Department will be hosting a Halloween Carnival and Haunted Maze and that the
Halloween in the Village event will not take place this year.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.c. Honorary Proclamation Declaring October 2021 as “Domestic Violence Action
Month”.
Mayor Ray Russom read the Honorary Proclamation Declaring October 2021 as “Domestic
Violence Action Month”.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.d. Mayor’s Commendation Recognizing the Southwest Regional Council of
Carpenters Local Union 805.
Mayor Ray Russom read the Mayor’s Commendation Recognizing the Southwest Regional
Council of Carpenters Local Union. Autumn Brown, and Manley McNinch, accepted the
Commendation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.e. Presentation from San Luis Obispo Council of Governments – Commute with
Confidence.
Catalina Hubbard, Rideshare Outreach Coordinator, provided a presentation on the San Luis
Obispo Council of Governments campaign, Commute with Confidence.
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 were Jeff Edwards, Kris
Roudebush, Jim Guthrie, Stewart Errico, Francine Errico, Manley McNinch, and Linda Busek. No
further public comments were received. Staff responded to questions from Council.
Page 201 of 257
Minutes: City Council Page 3
Tuesday, October 12, 2021
8. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from
the consent agenda for further discussion.
Council commented on Item 8.f. and staff responded to questions from Council on Item 8.g.
City Manager McDonald acknowledged the Supplemental Information regarding Item 8.h. and
requested that the Council continue the item to a date uncertain.
Mayor Ray Russom invited public comment. No public comments were received.
Action: Council Member Storton moved to approve Consent Agenda Items 8.a. through 8.g., with
the recommended courses of action. Council Member George seconded, and the motion passed
on the following roll-call vote:
AYES: Storton, George, Barneich, Paulding, Ray Russom
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period September 16, 2021
through September 30, 2021.
8.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
September 28, 2021, as submitted.
8.c. Adoption of a Resolution Declaring a Continued Local Emergency Related to the
Coronavirus (COVID-19) Pandemic.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY
RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC”.
8.d. Cancellation of the December 28, 2021 City Council Meeting.
Action: Cancelled the regularly scheduled Council meeting of December 28, 2021 due to
the holidays.
8.e. Consideration to Approve an Agreement for Consultant Services with Salas O’Brien
for the Five Cities Fire Authority Station 1 Emergency Generator Replacement
Project, PW 2021-09.
Action: 1) Approved an Agreement for Consultant Services with Salas O'Brien in the
amount of $46,780 for design and construction support services of the FCFA Station 1
Emergency Generator Replacement Project; and 2) Approved an amendment to the Fiscal
Year 2021-22 Capital Improvement Program budget to transfer $4,280 of General Fund
from fund balance to the subject project.
8.f. Consideration of a Resolution Amending the Public Art Guidelines and Public Art
Donation Program.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AMENDING THE PUBLIC ART GUIDELINES AND
PUBLIC ART DONATION PROGRAM”.
8.g. Approve and Authorize the Mayor on Behalf of the City Council to Sign a Letter of
Support for the Sustainable Transportation Planning Grant Application for an Active
Transportation Plan.
Action: Approved and authorized the Mayor to sign the letter of support for the STPG
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Tuesday, October 12, 2021
grant application.
8. ITEMS PULLED FROM THE CONSENT AGENDA
8.h. Authorize a Resolution to Reduce Penalties for Past Due Water Bills Related to the
COVID-19 Pandemic (ROBESON/VALENTINE)
Recommended Action: Adopt a Resolution to allow the City’s Administrative Services
Director to reduce penalties to 10% of customers’ original water bill from May 2020 through
November 2021.
Action: Mayor Ray Russom moved to continue the item to a date uncertain. Council Member
George seconded, and the motion passed on the following roll-call vote:
AYES: Ray Russom, George, Barneich, Storton, Paulding
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
9.a. Continued Consideration of Approval of a Resolution Declaring a Stage 1 Water
Shortage Emergency.
Utilities Manager Shane Taylor presented the item and recommended that the Council: 1)
Conduct a Public Hearing in accordance with Water Code Section 350, et seq.; 2) Adopt a
Resolution declaring a Stage 1 Water Shortage Emergency and implementing Emergency
Water Shortage Restrictions and Regulations in accordance with California Water Code
Section 350, et seq., and Arroyo Grande Municipal Code Section 13.07.030(A); and 3)
Appropriate $2,800 from water fund balance and $1,200 from sewer fund balance for the cost
to mail out baseline letters. Staff responded to questions from Council.
Mayor Ray Russom opened the public hearing. Speaking from the public were Jim Guthrie, and
Francine Errico. City Clerk Matson read into the record written correspondence received from
Patty Welsh. Upon hearing no further comments, Mayor Ray Russom closed the public hearing.
Action: Council Member Storton moved to adopt a Resolution entitled: “A Resolution of the
City Council of the City of Arroyo Grande Declaring a Stage 1 Water Shortage
Emergency in Accordance with California Water Code Section 350 and Arroyo Grande
Municipal Code Section 13.07.030”; and Appropriate $2,800 from water fund balance and
$1,200 from sewer fund balance for the cost to mail out baseline letters. Mayor Pro Tem
Paulding seconded, and the motion passed on the following roll-call vote:
AYES: Storton, Paulding, Barneich, George, Ray Russom
NOES: None
ABSENT: None
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Tuesday, October 12, 2021
Mayor Ray Russom called for a brief break at 8:05 p.m. The Council reconvened at 8:11 p.m.
10. OLD BUSINESS:
10.a. Discuss and Consider Allocations of Anticipated American Rescue Plan Act
Funding Not Previously Allocated by Council.
City Manager McDonald presented the item and recommended that the Council: 1) Appropriate
$1,254,275 of ARPA Funds to additional Water, Sewer, and Stormwater Infrastructure
projects and qualified anticipated City expenditures related to the COVID-19 pandemic as
recommended by the Ad Hoc Committee; and 2) Consider and provide direction regarding
allocation of the remaining $552,016 of anticipated ARPA Funds to other qualified uses
consistent with US Treasury guidance.
Council discussed the recommended allocations and applications for funding received.
Council expressed support for providing an opportunity for non-profit organizations to apply
for funding.
Mayor Ray Russom invited public comment. Speaking from the public were Wendy Wendt, Anne
Wyatt, Shana Paulson, Ken Dalebout, Jamie Sanbonmatsu, and Marcia Alter. No further
comments were received.
Action: Mayor Pro Tem Paulding moved to appropriate $1,254,275 of ARPA Funds to
additional Water, Sewer, and Stormwater Infrastructure projects and qualified anticipated City
expenditures related to the COVID-19 pandemic as recommended by the Ad Hoc Committee;
allocate $300,000 to the 5Cities Homeless Coalition and direct staff to bring back specific
scope for the project; allocate $114,129 for non-profit assistance/community service grant
program to be split between the next two fiscal years; allocate $100,000 for child care
assistance and direct staff to bring back specific scope for the project; and allocate $37,887
to SmartShare ADU SLO to be used for Arroyo Grande residents and require that the ADU
not be converted to a vacation rental. Council Member Barneich seconded, and the motion
passed on the following roll-call vote:
AYES: Paulding, Barneich, Storton, George, Ray Russom
NOES: None
ABSENT: None
11. NEW BUSINESS
None.
12. COUNCIL COMMUNICATIONS
Mayor Pro Tem Paulding requested that an item regarding vacation rental policies be placed on
a future agenda for consideration. Council Member George concurred. Council Member Barneich
requested the item include an update on enforcement and for more information to be included on
the City website.
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Tuesday, October 12, 2021
Mayor Ray Russom announced that the Mayor's Challenge: Halloween House Decorating
Contest will be taking place and urged residents to participate; that those wanting to help fund
Arroyo Grande Public Art can join in “Dining with a Purpose” at Rooster Creek on Tuesday,
November 16th; and that she will be meeting with Vanessa Carr from Governor Newsom’s office
and will report back on that meeting.
13. CLOSED SESSION
None.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned
the meeting at 10:44 p.m.
/s/Caren Ray Russom, Mayor
ATTEST:
/s/Jessica Matson, City Clerk
(Approved at CC Mtg 10-26-2021)
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ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
March 22, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 E Branch Street, Arroyo Grande, CA 93420
Webinar ID: 832 5584 8846
By Telephone: 1-669-900-6833; 1-346-248-7799
Council Members Present: Mayor Ray Russom, Council Member
Paulding, Council Member Barneich, Council
Member Storton, Mayor Pro Tem George
Staff Present: City Clerk Jessica Matson, City Attorney
Timothy Carmel, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine,
Community Development Director Brian
Pedrotti, Acting Planning Manager Andrew
Perez, Assistant Planner Patrick Holub
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Jim Gregory, I.O.O.F. Lodge 258, led the flag salute.
5. AGENDA REVIEW
ATTACHMENT 5
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Mayor Ray Russom suggested that the Council hear the following items out of order after Item 8: Item
12 Council Reports, Item 13 Council Communications, followed by Items 9.a., 11.b. and then 11.a. The
Council concurred.
5.a Closed Session Announcements
a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code
Section 54957:
Title: City Manager
City Attorney Carmel announced that there was no reportable action.
5.b Ordinances read in title only
Moved by Mayor Ray Russom
Seconded by Mayor Pro Tem George
Move that all ordinances presented at the meeting shall be read by title only and all further
readings be waived.
AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council
Member Storton, and Mayor Pro Tem George
Passed (5 to 0)
6. SPECIAL PRESENTATIONS
6.a Update Regarding Countywide COVID-19 Efforts
City Manager McDonald provided a brief update on COVID-19.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.b City Manager Communications
City Manager McDonald announced that the City has hired Christina Alvarez as the Community
Services Specialist; provided information regarding the Strother Park Public Art Project Ribbon
Cutting Ceremony, sports leagues returning to Soto Sports Complex, Recreation Services'
Bunny Gram Program; and discussed upcoming items for Council consideration.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.c Honorary Proclamation Declaring the Month of April 2022 as "Month of the Child" and
“Child Abuse Prevention Month”
Mayor Ray Russom read the Honorary Proclamation Declaring the Month of April 2022 as
"Month of the Child" and "Child Abuse Prevention Month". Jaime Sanbonmatsu, accepted the
proclamation.
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Mayor Ray Russom invited public comment. Speaking from the public was Lisa Fraser. No
further public comments were received.
No action was taken on this item.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Dale Anthem, Krista
Jeffries, and Simone. No further public comments were received.
8. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the
consent agenda for further discussion. There were none.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Barneich
Seconded by Council Member Storton
Approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City
Attorney Carmel read the full title of the Ordinance in item 8.d.
AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member
Storton, and Mayor Pro Tem George
Passed (5 to 0)
8.a Consideration of Cash Disbursement Ratification
Ratified the listing of cash disbursements for the period of February 16 through February 28,
2022.
8.b Approval of Minutes
Approved the minutes of the Regular City Council Meeting of March 8, 2022 and Special City
Council Meeting of March 11, 2022, as submitted.
8.c Consideration of Adoption of a Resolution Declaring a Continued Local Emergency
Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote
Teleconference Meetings of the Legislative Bodies Pursuant to Government Code
Section 54953(e)(3)
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE
CORONAVIRUS (COVID-19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF
REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY
OF ARROYO GRANDE PURSUANT GOVERNMENT CODE SECTION 54953(e)".
8.d Consideration of Adoption of an Ordinance Amending Chapter 8.08 of Title 8 of the
Arroyo Grande Municipal Code Regarding the Sale and Discharge of Class C (“Safe and
Sane”) Fireworks
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Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTER 8.08 OF THE ARROYO GRANDE MUNICIPAL
CODE RELATING TO THE DISCHARGE OF “SAFE AND SANE” FIREWORKS".
8.e Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section
22050 Terminating the Emergency Declaration for the Storm Drain System at 251 East
Grand Avenue Project, PW 2021-12
1) Received and filed the final report of the emergency storm drain system repairs project at 251
East Grand Avenue; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING THE EMERGENCY
DECLARATION FOR REPAIRS TO THE STORM DRAIN SYSTEM AT 251 EAST GRAND
AVENUE".
8.f Monthly Water Supply and Demand Update
Received and filed the monthly Water Supply and Demand Report.
9. PUBLIC HEARINGS
The Council heard Item 12 next followed by Item 13.
9.a Public Hearing on the Establishment of a District-Based Election System and
Introduction of an Ordinance Establishing By-District Elections for Four Council
Members, Defining District Boundaries, and Scheduling the Order of Elections for Each
District
City Clerk Matson introduced the item and Daniel Phillips, Consultant with National
Demographics Corporation, provided a presentation regarding the process for transitioning to
District Elections.
Mayor Ray Russom opened the public hearing. Speaking from the public was Jim Guthrie.
Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.
Moved by Council Member Storton
Seconded by Mayor Pro Tem George
Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2 OF THE CITY OF ARROYO
GRANDE MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR
COUNCIL MEMBERS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING THE
ORDER OF ELECTION FOR EACH DISTRICT", and clarified the selection of Plan 202 Mod,
with an election sequence of Districts 1 and 4 in November 2022 and Districts 2 and 3 in 2024.
AYES (4): Council Member Paulding, Council Member Barneich, Council Member Storton, and
Mayor Pro Tem George
NOES (1): Mayor Ray Russom
Passed (4 to 1)
10. OLD BUSINESS
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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
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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
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2. Five Cities Fire Authority (FCFA)
3. Integrated Waste Management Authority Board (IWMA)
4. South County Chambers of Commerce Governmental Affairs Committee
5. Other
12.e COUNCIL MEMBER PAULDING:
1. Air Pollution Control District (APCD)
2. Brisco/Halcyon Interchange Subcommittee
3. Council of Governments/Regional Transit Authority/ South County Transit
(SLOCOG/SLORTA/SCT)
4. REACH SLO Advisory Commission
5. Other
13. COUNCIL COMMUNICATIONS
Council Member Storton discussed having a rotational schedule for the Arroyo Grande Business
Meetings hosted by the South County Chambers of Commerce. Mayor Pro Tem George and Council
Member Paulding concurred and stated that they would like to be included in the rotation.
14. CLOSED SESSION
None.
15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the
meeting at 11:08 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk
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ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
August 2, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Commission Members Present: Chair Glenn Martin, Commissioner Jim
Guthrie, Kevin Buchanan
Commission Members Absent: Commissioner Frank Schiro, Vice Chair Jamie
Maraviglia
Staff Present: Planning Manager Andrew Perez, Associate
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 6:01pm.
2. ROLL CALL
Commissioner Schiro and Vice Chair Maraviglia were absent.
3. FLAG SALUTE
Chair Martin
4. AGENDA REVIEW
None.
5. COMMUNITY COMMENTS AND SUGGESTIONS
April, Oceano, spoke about the importance of regulating short term rentals and mentioned that the
Oceano Advisory Council would be meeting at 6:00pm on August 20th in-person and August 22nd on
Zoom to discuss short term rental regulations in Oceano.
6. WRITTEN COMMUNICATIONS
None.
ATTACHMENT 6
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2
7. CONSENT AGENDA
7.a Approval of Minutes
(HOLUB)
This item was continued due to a lack of a quorum of Planning Commissioners in attendance at
the June 7, 2022 meeting.
7.b Consideration of Lot Line Adjustment 22-002; Location – 718 Cornwall Avenue; Applicant
– Hunstad Homes, Kevin Hunstad
(HOLUB)
Moved by Chair Martin
Seconded by Commissioner Guthrie
Passed
8. PUBLIC HEARINGS
8.a Consideration of Draft Initial Study/Mitigated Negative Declaration for the Traffic Way
Bridge Replacement Project
(PEREZ)
Community Development Director Brian Pedrotti provided an introduction and introduced City
Engineer Robin Dickerson.
City Engineer Dickerson provided a presentation and introduced consultant, Cassidy Williams,
from SWCA Environmental Consultants.
Cassidy Williams, consultant, continued the presentation.
Due to technical issues, Chair Martin called for a break at 6:19pm. The Commission reconvened
at 6:29pm.
Community Development Director Pedrotti, City Engineer Dickerson and consultant Williams
responded to Commissioner questions regarding detour routes during construction, evaluation
of additional air quality impacts related to the detour, lane configuration and anticipated traffic
impacts at the US Highway 101 off ramps near the project.
Chair Martin opened the public hearing. Hearing no public comments, Chair Martin closed the
public hearing.
Moved by Chair Martin
Seconded by Commissioner Guthrie
Chair Martin moved and Commissioner Guthrie seconded a motion to adopt a Resolution
recommending that the City Council adopt the Initial Study / Mitigated Negative Declaration for
the Traffic Way Bridge Replacement Project with the following change: "Additional review and
analysis of safety issues related to traffic calming mitigation shall be conducted."
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Passed
8.b Discuss and Consider Amendments to Short Term Rental Ordinance
(HOLUB)
Associate Planner Patrick Holub presented the staff report and responded to Commissioner
questions regarding enforcement, current procedures and capabilities expressed by
respondents to the City's Request for Proposals for short term rental host compliance services.
Chair Martin opened the public hearing.
Peggy Coon, Ide Street, spoke about the City's short term rental regulations and made a
number of recommendations for changes to the ordinance.
Elizabeth Bartow spoke about issues with the City's current regulations.
April, Oceano, spoke about short term rental impacts on available housing and suggested an
expiration clause.
Due to technical issues, Chair Martin called for a break at 7:45pm. The Commission reconvened
at 8:00pm.
Jami Fordyce spoke about concerns related to short term rentals and the experience of living
next door to an approved rental. She also spoke about concerns related to an approval being
reported under agenda item #10.
Matt Coward spoke about the existing short term rental regulations and expressed a desire to
have the buffer distance between rentals reduced.
Michelle Chariton spoke about the impacts related to short term rentals and advocated for the
buffer distance to apply near schools.
Hearing no further comment, Chair Martin closed the public hearing.
Chair Martin moved and Commissioner Guthrie seconded a motion to continue the meeting past
10:00pm until 10:30pm. The motion passed 3-0-2.
Chair Martin moved and Commissioner Guthrie seconded a motion to continue the meeting an
additional fifteen minutes until 10:45pm.
Moved by Chair Martin
Seconded by Commissioner Guthrie
Chair Martin moved and Commissioner Guthrie seconded a motion to adopt a Resolution
recommending the City Council adopt an Ordinance revising the City's short term rental
regulations with the following changes:
1) Implement a cap on vacation rentals of 120.
2) Increase the buffer between short term rentals of all kinds to 500 feet and provide a buffer
from all schools of 500 feet.
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3) Initiate revocation procedures if a designated emergency contact is unresponsive three times
or if a citation is issued by the Police Department.
4) Require that short term rental permits expire at the point of sale of the property.
5) Incorporate the same new performance standards for homestays as vacation rentals.
6) Require that any unit previous occupied by a long term renter within the past year be
ineligible to become a short term rental.
7) Provide two parking spaces off-street for all short term rentals. The parking spaces can be
covered or uncovered.
Passed
9. NON-PUBLIC HEARING ITEMS
None.
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE JUNE 7, 2022
Received.
Commissioner Guthrie moved and Chair Martin seconded a motion to appeal the approval of the
vacation rental at 1136 East Grand Avenue due to the public's stated concerns regarding the contact
phone number of the listed emergency contact. The motion passed 3-0-2.
April, Oceano, spoke about issues related to public comment on administrative approvals.
Jami Fordyce spoke about issues related to the process.
Commissioner Guthrie moved and Chair Martin seconded a motion to extend the meeting an additional
five minutes until 10:50pm.
Michelle Chariton spoke about issues related to the approval process.
11. COMMISSION COMMUNICATIONS
None.
12. STAFF COMMUNICATIONS
None.
13. ADJOURNMENT
The Meeting adjourned at 10:48pm.
_________________________
Glen Martin, Chair
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_________________________
Patrick Holub, Associate Planner
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ATTACHMENT 7
Attachment 7 - 2022-08-02 PC Staff Report and Attachments is available as a link:
https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=5e37492a-f1da-4009-8bfe-
097b7f2c2e53&Agenda=Agenda&lang=English&Item=20&Tab=attachments
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Item 11.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Discussion of Draft Ordinance Addressing Tiny Homes on Wheels
DATE: September 13, 2022
SUMMARY OF ACTION:
The purpose of the study session is to provide City Council an opportunity to review and
provide direction on a proposed Ordinance regulating the use of Tiny Homes on Wheels
(THOW) for residential purposes as an accessory use to a single-family dwelling.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
Review the proposed Tiny Homes on Wheels Ordinance, receive public comment, and
provide direction to staff regarding the development of the Ordinance.
BACKGROUND:
On February 8, 2022, the City Council considered introducing amendments to the City’s
accessory dwelling unit (ADU) ordinance. That version of the ADU ordinance included
regulations that would allow for the use of THOW as an accessory use on properties with
an existing single-family dwelling, with the intent of providing an alternative means to
address housing supply shortages and affordability. At that meeting, the City Council
directed staff to separate regulations for THOW from the ADU ordinance, research
applicable building standards and certification of THOW, and return to Council for a study
session to further refine those regulations. The draft THOW Ordinance provided for
Council’s consideration in Attachment 1 would allow THOW as an accessory structure on
lots developed with a single-family dwelling.
ANALYSIS OF ISSUES:
The draft ordinance defines a THOW as an accessory structure built on a chassis that is
intended for independent living quarters for a household. Due to their small size and
transient quality, THOW have been identified as an alternative affordable housing option
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Item 11.a.
City Council
Discussion of Draft Ordinance Addressing Tiny Homes on Wheels
September 13, 2022
Page 2
to stick-built and pre-fabricated ADUs that must be affixed to a permanent foundation. A
THOW is considered a temporary residential unit because it is not permanently affixed to
a foundation.
The regulations for THOW contained in the draft ordinance differ greatly from those
presented to Council at the February 8, 2022 meeting. The modifications to the ordinance
were made to address the wide variety of structures that have been proposed as THOW
and ensure that the ordinance appropriately regulates each to ensure a safe, habitable
dwelling unit, Additionally, the draft ordinance is modeled after the ordinance adopted by
Grover Beach in an effort to provide a consistent, regional approach to THOW regulation.
The draft ordinance proposes regulations for size, placement on a lot, design criteria,
utility connections, and building code compliance. Because THOW are towable and not
moveable under their own power, the proposed ordinance requires a THOW to remain
licensed and registered with the California Department of Motor Vehicles.
Types of Tiny Homes
Currently, there is not a standard statewide definition for THOW. Therefore, the draft
ordinance allows for a variety of structures to be used as a THOW, such as HUD -
manufactured homes, park trailers, or any structure that can demonstrate compliance
with the California Residential Code, or California Building Code. A park trailer is defined
in Health and Safety Code Section 18009.3 as a type recreational vehicle designed as
temporary living quarters built on a single chassis with a maximum floor area of 400
square feet. Park trailers and manufactured homes are specifically identified because
there are State codes that regulate their construction and installation. Recreational
vehicles, unless otherwise noted, are not allowed for use as a THOW by the draft
ordinance. Recreational vehicles may include motor homes, travel trailers, truck campers,
or camping trailers, with or without motive power, and are not intended as permanent
dwellings. Both park trailers and manufactured homes resemble traditional dwellings,
whereas motor homes, truck trailers, fifth wheels, do not have that resemblance and are
more likely to alter neighborhood character.
Council previously directed staff to include design criteria in the draft ordinance to ensure
THOW resemble the appearance of a traditional home. Park tra ilers, although defined as
a type of RV, are allowed because they resemble the appearance of a traditional home.
Camping cabins are specifically not allowed because pursuant to the California Code of
Regulations, they cannot include plumbing, and therefore could not support daily cooking,
cleaning, and sanitation for the inhabitants as required for a residential unit.
As a residential structure, a THOW must receive approval from the Building Official prior
to occupancy, and depending on the type of structure proposed for the THOW, the
structure may require certification from a State regulatory body. Currently, the State
Department of Housing and Community Development (HCD) does not have a regulatory
definition for a tiny home; therefore, the type of approval and relevant Code requirements
may change depending on the type of structure proposed for the THOW. For example, a
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Item 11.a.
City Council
Discussion of Draft Ordinance Addressing Tiny Homes on Wheels
September 13, 2022
Page 3
park trailer is defined as a type of recreational vehicle by the California Health and Safety
Code; therefore, park trailers are subject to the requirements of the Recreational Vehicle
Industry Association. The draft ordinance authorizes the Building Official to apply the
appropriate code requirements for the type of structure proposed as the THOW. Previous
editions of the THOW draft ordinance required all structures proposed as THOW to
furnish an insignia of approval issued by HUD, which effectively limited the types of
structures that could be proposed as a THOW. The current draft makes a wider variety of
structures available for use as a THOW and provides the Building Official flexibility to use
the appropriate construction standards based on the type of tiny home.
Siting and Design Criteria
The draft ordinance considers a THOW to be an accessory structure and allowed on all
lots developed with an existing single-family dwelling. Properties that have an existing
ADU would be prohibited from adding a THOW. Single family dwellings that have a Junior
ADU would still be allowed to add a THOW .
The draft ordinance includes several siting and design criteria, as well. The ordinance
would require a four-foot setback from side and rear property lines, and a ten -foot setback
from a street side property line. A THOW must be located behind the existing single-family
dwelling to minimize aesthetic impacts and maintain community character. The THOW
must be parked on a surface paved with asphalt, concrete, or approved alternate
materials such as pavers. With regards to utilities, a THOW must connect to City water
and sewer service, but may be “off grid” for electrical and natural gas service. When a
unit proposes to be “off grid,” the applicant must demonstrate that the means of heating
and electrical power for the unit meet the requirements of the California Energy Code .
For example, the off-grid system must show that it can maintain a comfortable
temperature for the occupants, adequately ventilate the unit, and meet the energy
requirements for the building envelope. These standards shall be provided with a building
permit application and will be approved ministerially by the Building Official.
Next Steps
Positive feedback from Council at the study session will allow staff to present the draft
ordinance to the Planning Commission for a recommendation. Support from the Planning
Commission will result in the ordinance returning to Council for an introduction hearing,
then adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Support the proposed ordinance and direct staff to proceed to Planning
Commission for a recommendation hearing;
2. Revise the proposed ordinance and direct staff to proceed to Planning Commission
for a recommendation hearing; or
3. Provide other direction to staff
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Item 11.a.
City Council
Discussion of Draft Ordinance Addressing Tiny Homes on Wheels
September 13, 2022
Page 4
ADVANTAGES:
The ordinance proposes regulations for allowing THOW as an alternative housing solution
that is more affordable than a traditional single-family dwelling or ADU.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for a study session with Council. Adoption of the
ordinance is not anticipated to have the potential for causing a significant effect on the
environment and no review under the California Environmental Quality Act (CEQA) will
likely be needed per CEQA Guideline Sections, 15061(b)(3), and Sections 15301, 15303
and 15305
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
2. Staff Report and Minutes from the February 8, 2022 City Council meeting
3. HCD Information Bulletin
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ATTACHMENT 1
16.52.260 – Tiny Homes on Wheels (THOW)
A. Purpose. A Tiny Home on Wheels that meets the definition in this Section may be
built and occupied as a residential unit, subject to the ministerial review and
approval of an application if it complies with the standards of this Section.
B. Definition. A Tiny Home on Wheels (THOW) is a structure built on a chassis and
intended for separate, temporary, independent living quarters for one household
that meets all of the following conditions:
1. Is a detached self-contained unit, designed and built to look like a
conventional building structure, and which includes basic functional areas
that support normal daily routines such as cooking, sleeping, toilet and
bathing facilities; and
2. Is licensed and registered with the California Department of Motor Vehicles
as a habitable structure; and
3. Shall comply with the standards of, and be approved as one of the following
types of structures: a HUD-Code manufactured homes, California
Residential Code or California Building Code home, or park trailer certified
by the Recreational Vehicle Industry Association. The Building Official shall
determine the appropriate construction standards based on the type of tiny
home.; and
4. Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection,
cannot move under its own power and is no larger than allowed by California
State Law for movement on public highways; and
5. Has a minimum living area of 100 square feet and maximum of 400 square
feet as measured within the exterior faces of the exterior walls, but not
including loft area.
6. The use of recreational vehicles, as defined in Section 18010(a) of the
California Health and Safety Code, or camping cabins are prohibited from
being used as a Tiny Home on Wheels.
C. Criteria. Notwithstanding any other provision of this Code to the contrary, a Tiny
Home on Wheels (THOW) shall be allowed as an accessory use to a single-family
dwelling. A THOW cannot be attached to or located within a primary residence, or
created through the conversion of an existing structure, and shall be subject to all
of the following criteria:
1. Number. One THOW shall be allowed in all residential zones on a lot with
an existing single-family dwelling. No THOW shall be allowed if there is a
permitted Accessory Dwelling Unit on the lot. A THOW shall be removed
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ATTACHMENT 1
prior to granting final occupancy for an Accessory Dwelling Unit. The
presence of a Junior Accessory Dwelling Unit, developed pursuant to
AGMC Section 16.52.150, would not prohibit the construction of a THOW.
2. Limitation on Use. A THOW shall not be utilized as a short-term rental of
less than 30 days.
3. Location. A THOW shall be located behind the primary residence with a
minimum setback of four (4) feet from any interior side or rear property line,
and ten (10) feet from a street side lot line.
4. Parking and Surface. The THOW shall be parked on a paved or alternate
pad that includes bumper guards, curbs, or other installations adequate to
prevent movement of the THOW. The wheels and leveling or support jacks
must sit on a paving surface that meet either of the following criteria:
a. A parking area for a moveable THOW shall be paved with hard, durable
asphaltic paving that is at least two inches thick after compaction, or with
cement paving at least three inches thick; or
b. Alternative paving materials may consist of porous asphalt, porous
concrete, permeable interlocking concrete pavers, permeable pavers, ,
plastic or concrete grid system confined on all sides and filled with gravel
or grass in the voids, or other similar materials that meet the following
requirements:
i. Permeable interlocking concrete pavers and permeable pavers shall
have a minimum thickness of 80 mm (3.14 inches); and
ii. Products and underlying drainage material shall be installed to meet
manufacturers’ specifications. Sub-grade soils shall be compacted
as required to meet the product installation specifications;
iii. No additional parking shall be required for the THOW, and displaced
parking resulting from the placement of THOW is not required to be
replaced.
5. Utilities. The THOW shall be connected to City water, and sewer utilities in
compliance with the Municipal Code. A THOW may be off grid for electrical
and gas if it can be demonstrated that the unit has adequate heating and
electrical power to the satisfaction of the Building Official. Gas powered
generators are not allowed as a means to provide power to a THOW.
6. Design. The THOW shall resemble the general appearance of a traditional
home and incorporate all of the following design elements:
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ATTACHMENT 1
a. Windows shall be at least double pane glass, and include exterior trim.;
b. Mechanical equipment shall be incorporated into the structure and not
be located on the roof.
c. Decks: Attached patios, decks, landings, or similar architectural
features, whether covered or uncovered, shall be open on at least two
sides and are limited to 100 percent of the floor area of the THOW .
d. Screening. The THOW undercarriage (wheels, axles, tongue and hitch)
shall be hidden from view by use of skirting or landscaping.
7. Height. A THOW shall not exceed one story or 16 feet in height, whichever
is less.
8. Addresses. No separate addresses shall be assigned for a THOW .
Amend Arroyo Grande Municipal Code Section 16.04.070
“Tiny Home on Wheels” means a structure built on a chassis and intended for separate,
temporary, independent living quarters for one household that meets the conditions
listed in Section 16.52.260.B
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ATTACHMENT 2
Attachment 2 – Staff Report and Minutes from the February 8, 2022 City Council Meeting
are available as links:
ADU Introduction Staff Report
Minutes from the February 8, 2022 City Council Meeting
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ATTACHMENT 3
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