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CC 2022-10-11 Agenda PackageCITY COUNCIL MEETING AGENDA SUMMARY Tuesday, October 11, 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 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 5.AGENDA REVIEW 5.a.Closed Session Announcements The City Attorney will announce reportable actions taken, if any, from the Special Meeting of October 11, 2022. a) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8: Property: 400 West Branch Street Agency negotiators: Whitney McDonald, City Manager; Bill Robeson, Assistant City Manager/Public Works Director Negotiating parties: Dev Patel, on behalf of Kamla Hotels Under negotiation: Price and terms of payment 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.Honorary Proclamation Declaring October 2022 as National Dating and Domestic Violence Action Month 6.b.Update Regarding Countywide COVID-19 Efforts (McDONALD) Recommended Action: Receive update, accept public comments, discuss, and provide direction as necessary. 6.c.City Manager Communications (McDONALD) Recommended Action: Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary. 7.COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. Members of the public may provide public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment. Click the link below to join the webinar: https://us02web.zoom.us/j/83255848846; Webinar ID: 832 5584 8846 • Or by Telephone: 1-669-900-6833; 1-346-248-7799 Press * 9 to “raise hand” for public comment • The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: • Direct City staff to assist or coordinate with you. • A Council Member may state a desire to meet with you. • It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: • Comments should be limited to 3 minutes or less. • Your comments should be directed to the Council as a whole and not directed to individual Council members. • Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8.CONSENT AGENDA The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. Page 2 of 238 8.a.Consideration of Cash Disbursement Ratification (VALENTINE) Recommended Action: Ratify the attached listing of cash disbursements for the period of September 1 through September 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 August 31, 2022, as required by Government Code Section 53646(b). 8.c.Approval of Minutes (MATSON) Recommended Action: Approve the minutes of the Regular City Council Meeting of September 27, 2022. 8.d.Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic (McDONALD) Recommended Action: Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic. 8.e.Consideration of Cancellation of the December 27, 2022 City Council Meeting (McDONALD) Recommended Action: Cancel the regularly scheduled Council meeting of December 27, 2022, due to the holidays. 8.f.Consideration of Adoption of a Resolution Authorizing the Temporary Closure of South Mason Street from East Branch Street to Nelson Street on Friday October 14, 2022 (ROBESON) Recommended Action: Adopt a Resolution authorizing the temporary closure of South Mason Street from East Branch Street to Nelson Street from 7:00am to 5:00pm on October 14, 2022, to allow for the removal of a hazardous tree at City Hall. 8.g.Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 (ROBESON) Recommended Action: 1) Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopt a Resolution determining that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050. Page 3 of 238 8.h.Consideration of Adoption of an 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: Adopt an Ordinance amending Title 16 of the AGMC regarding short term rentals. 8.i.Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003 Location - Citywide (PEDROTTI) Recommended Action: Adopt an Ordinance establishing a permanent parklet program. 8.j.Consideration of Temporary Use Permit 22-010 Authorizing the Use of Heritage Square Park for the 2022 Arroyo Grande Beer and Wine Festival; Location – Heritage Square Park; Applicant – Arroyo Grande Village Association (PEDROTTI) Recommended Action: Adopt a Resolution approving Temporary Use Permit 22-010. 8.k.Consideration of Approval of an Amendment to the Contract for Consultant Services with Quincy Engineering for the Traffic Way Bridge Project (PEDROTTI) Recommended Action: Approve and authorize the Mayor to execute Amendment 2 to the Contract for Consultant Services with Quincy Engineering Inc. 9.PUBLIC HEARINGS 9.a.Consider a Resolution Accepting a Donation of Time and Materials for the Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 22-002; Location – Citywide; Applicant – Shirley Horacek, Arroyo Grande Public Art (PEDROTTI) Recommended Action: Receive public comment and adopt a Resolution accepting the donation of time and materials and waiving encroachment permit fees in the amount of $720. 10.OLD BUSINESS None. 11.NEW BUSINESS None. 12.COUNCIL COMMUNICATIONS Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Page 4 of 238 Council Member. 13.CLOSED SESSION None. 14.ADJOURNMENT All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date. This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature. City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. Page 5 of 238 Item 6.a. - Page 1 Page 6 of 238 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: October 11, 2022 SUMMARY OF ACTION: Review and ratify cash disbursements. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is a $1,776,507.33 fiscal impact that includes the following items:  Accounts Payable Checks $1,364,165.21  Payroll & Benefit Checks $412,342.12 RECOMMENDATION: Ratify the attached listing of cash disbursements for the period of September 1 through September 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 Policies and Procedures Manual. ANALYSIS OF ISSUES: The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2021 -22 and FY 2022-23 budgets. Page 7 of 238 Item 8.a. City Council Consideration of Cash Disbursement Ratification October 11, 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. September 1 – September 15, 2022 – Accounts Payable Check Register 2. September 9, 2022 – Payroll and Benefit Check Register Page 8 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name1 09/02/2022 295028 $ 900.00 09/04 SUMMER CONCERT SERIES SOUND 010.4421.5504 ADEPT EVENTS LLC2 09/02/2022 295029 1,000.00 FY22/23 SB90 CLAIMS PREP & SUBMISSION 010.4145.5303 AK & COMPANY3 09/02/2022 295030 234.80 TRAINING, TUITION 010.4203.5501 ALLAN HANCOCK COLLEGE JCCD4 09/02/2022 295031 212.06 OFFICE SUPPLIES-DRY ERASE BOARD AND MARKERS 010.4101.5201 AMAZON CAPITAL SERVICES5 09/02/2022 295032 40.00 REFUND-DOGGIE CLASS 010.0000.4605 MALINDA ANTONGIOVANNI6 09/02/2022 295033 4,495.42 REPLACEMENT PARTS FOR WATER METERS FOR FY 640.4712.5611 AQUA-METRIC SALES CO(DBA)7 09/02/2022 295034 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES8 09/02/2022 295034 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES9 09/02/2022 295034 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES10 09/02/2022 295034 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES11 09/02/2022 295034 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES12 09/02/2022 295034 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES13 09/02/2022 295034 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES14 09/02/2022 295034 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES15 09/02/2022 295034 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES16 09/02/2022 295034 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES17 09/02/2022 295034 13.25 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES18 09/02/2022 295034 34.24 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES19 09/02/2022 295034 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES20 09/02/2022 295034 68.40 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES21 09/02/2022 295034 15.49 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES22 09/02/2022 295034 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES23 09/02/2022 295035 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES24 09/02/2022 295036 26.27 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T25 09/02/2022 295036 50.86 BAN#9391033181 ALARM 640.4710.5403 AT&T26 09/02/2022 295037 440.37 PD-4607 MAINT & REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE27 09/02/2022 295038 200.00 WASHING MACHINE REBATE 226.4306.5554 RAYMOND BERGUIA28 09/02/2022 295039 307.57 PATROL-NOTICE OF CORRECTION 010.4203.5255 BOONE PRINTING & GRAPHICS INC29 09/02/2022 295039 702.98 PD ADMIN-RETURN ENVELOPES 010.4201.5201 BOONE PRINTING & GRAPHICS INC30 09/02/2022 295039 155.16 PD ADMIN-BUSINESS CARDS 010.4201.5201 BOONE PRINTING & GRAPHICS INC31 09/02/2022 295040 10,820.17 FALL ACTIVITY GUIDE PRINTING 010.4421.5504 CASEY PRINTING, INC32 09/02/2022 295041 180.27 ACCT#8245100960223572 PD TV 010.4145.5401 CHARTER COMMUNICATIONS33 09/02/2022 295041 1,349.00 ACCT#8245100960301246 COUNCIL 211.4101.5330 CHARTER COMMUNICATIONS34 09/02/2022 295041 327.16 ACCT#8245100960216667 WOMENS CENTER 010.4145.5401 CHARTER COMMUNICATIONS35 09/02/2022 295041 95.39 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONS36 09/02/2022 295041 26.72 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONS37 09/02/2022 295041 736.80 ACCT#8245100960211288 PW DARK 010.4145.5401 CHARTER COMMUNICATIONS38 09/02/2022 295042 660.00 07/22 SUMMER CONCERT SERIES BROADCAST 010.4421.5504 DIMES MEDIA CORP;Page 9 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name39 09/02/2022 295043 $ 7,232.36 ROOT FOAMING-CITY WIDE SEWER MAINS 612.4610.5610 DUKE'S ROOT CONTROL INC40 09/02/2022 295044 11,505.00 PORTABLE GENERATOR INSTALLATION 350.5473.7001 ELECTRICRAFT INC41 09/02/2022 295044 2,177.00 PORTABLE GENERATOR RENTAL AT FCFA STATION 1 350.5473.7001 ELECTRICRAFT INC42 09/02/2022 295045 192.86 SLIP FIX, SLIP COUPLING, PVC CUTTER 010.4430.5605 FARM SUPPLY CO43 09/02/2022 295045 4.65 SLIP FIX, SLIP COUPLING 010.4430.5605 FARM SUPPLY CO44 09/02/2022 295045 12.91 (2) 60# QUICKCRETE 010.4430.5605 FARM SUPPLY CO45 09/02/2022 295045 491.02 (35) 50# BAGS LIME DOLOMITE 010.4430.5605 FARM SUPPLY CO46 09/02/2022 295045 66.78 (2) FIRE ADAPTER FITTING 220.4303.5613 FARM SUPPLY CO47 09/02/2022 295046 50.00 22 NCCA MEMBERSHIP 010.4201.5503 FBI NCCA48 09/02/2022 295047 513,015.25 07/22-09/22 CITY'S SHARE OF FCFA COSTS 010.4145.5313 FIVE CITIES FIRE AUTHORITY49 09/02/2022 295047 132,223.50 07/22-09/22 CITY'S SHARE OF FCFA COSTS 218.4101.5313 FIVE CITIES FIRE AUTHORITY50 09/02/2022 295048 50.00 PARK DEPOSIT REFUND-RANCHO GRA 010.0000.2206 GWYNETH GRAY51 09/02/2022 295049 7,200.53 GSI WATER SOLUTIONS NCMA 2021 640.4710.5303 GSI WATER SOLUTIONS52 09/02/2022 295050 50.00 PARK DEPOSIT REFUND-RANCHO GRA 010.0000.2206 CHRISTINA GUTIERREZ53 09/02/2022 295051 100.00 REFUND BASKETBALL CAMP 010.0000.4605 KRISTEN HARVEL54 09/02/2022 295052 370.23 TOILET & HANDWASH RENTAL-HALLOWEEN 010.4424.5252 HARVEY'S HONEY HUTS55 09/02/2022 295053 1,300.00 CASH FOR GRASS-1300 SQFT 226.4306.5554 LAWRENCE A HERBST56 09/02/2022 295054 396.93 CONTRACT SERVICES 1ST QUARTER 218.4101.5303 HINDERLITER, DE LLAMAS57 09/02/2022 295054 805.90 CONTRACT SERVICES 1ST QUARTER 010.4120.5303 HINDERLITER, DE LLAMAS58 09/02/2022 295054 259.04 AUDIT SERVICES-SALES TAX 010.4120.5303 HINDERLITER, DE LLAMAS59 09/02/2022 295055 3,329.65 AIR VACUUM RELIEF VALVES 640.4712.5610 ICONIX WATERWORKS (US) INC60 09/02/2022 295055 5,231.45 FIRE HYDRANT-EMERGENCY REPLACEMENT 640.4712.5610 ICONIX WATERWORKS (US) INC61 09/02/2022 295056 399.74 PUBLIC WORKS PC SETUPS 010.4140.5702 ITSAVVY LLC62 09/02/2022 295057 114.44 FUEL 010.4203.5608 JB DEWAR, INC63 09/02/2022 295057 15,331.55 3700 GALL GASOLINE 010.0000.1202 JB DEWAR, INC64 09/02/2022 295058 1,104.00 CASH FOR GRASS-1104 SQFT 226.4306.5554 ELVIN KAUFFMAN65 09/02/2022 295059 182.00 ADULT BASKETBALL SCORER- 12 GA 010.4424.5352 JHADE LA PAZ66 09/02/2022 295060 185.92 HEX CAP SCREWS, DRILL BIT SET 010.4305.5255 LAWSON PRODUCTS, INC67 09/02/2022 295061 764.39 SHORETEL PHONE CHGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC68 09/02/2022 295061 764.39 SHORETEL PHONE CHGS-PD 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC69 09/02/2022 295062 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 KIM LEWIS70 09/02/2022 295063 3,260.00 CASH FOR GRASS-3260 SQFT 226.4306.5554 RAYMOND LI71 09/02/2022 295064 967.50 03/22 OCC FACILITY USE ADULT BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST72 09/02/2022 295064 218.00 07/28 CIM FIELD TRIP- MUSTANG WATER PARK 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST73 09/02/2022 295064 238.25 07/22 CIM FIELD TRIP-SINSHEIMER POOL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST74 09/02/2022 295064 86.50 07/20 CIM FIELD TRIP AGHS POOL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST75 09/02/2022 295065 2,786.00 CASH FOR GRASS- 2786 SQFT 226.4306.5554 JAMES MARTIN76 09/02/2022 295066 24.70 SHIPPING FOR ELECTION FORMS 010.4002.5506 MCA DIRECT LLCPage 10 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name77 09/02/2022 295067 $ 23.59 PATROL SUPPLIES-ID TAGS W/KEYRINGS 010.4203.5255 MINER'S ACE HARDWARE, INC78 09/02/2022 295067 33.37 PATORL SUPPLIES-EPOXY, HOOKS, LINERS 010.4203.5255 MINER'S ACE HARDWARE, INC79 09/02/2022 295068 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 STEPHANIE MORAN80 09/02/2022 295069 2,000.00 AUDIT TO DATE 612.4610.5303 MOSS, LEVY & HARTZHEIM LLP81 09/02/2022 295069 2,000.00 AUDIT TO DATE 640.4710.5303 MOSS, LEVY & HARTZHEIM LLP82 09/02/2022 295069 2,000.00 AUDIT TO DATE 010.4120.5303 MOSS, LEVY & HARTZHEIM LLP83 09/02/2022 295070 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 STEPHANIE MUSKRAT84 09/02/2022 295071 8.96 OFFICE SUPPLIES-ELECTION FOLDERS 010.4002.5506 ODP BUSINESS SOLUTIONS LLC85 09/02/2022 295072 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JENNIFER OLSON86 09/02/2022 295073 600.00 07/22 SOTO GOPHER CONTROL 010.4420.5303 PACIFIC GOPHER CONTROL87 09/02/2022 295074 50.00 PARK DEPOSIT REFUND- RANCHO GR 010.0000.2206 PHOEBE PERALTA88 09/02/2022 295075 792.00 CASH FOR GRASS-792 SQFT 226.4306.5554 BOOKEY PERRY89 09/02/2022 295076 244.54 07/22 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP90 09/02/2022 295077 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 BREANA PONCE91 09/02/2022 295078 126.00 REFUND-OVERPYMT GRASS AREA STR 010.0000.4354 CHRIS PURDY92 09/02/2022 295079 450.00 09/04 SUMMER CONCERT SERIES BA 010.4421.5504 ROY REYES93 09/02/2022 295080 18.62 REIMBURSE-CANDY FOR SR HEALTH 010.4424.5252 KELLY REYNOLDS94 09/02/2022 295081 270.00 ADULT SOFTBALL SCORER-12 GAMES 010.4424.5352 MARTINA SARMIENTO95 09/02/2022 295082 2,581.00 CASH FOR GRASS-2581 SQFT 226.4306.5554 TAMAR SEKAYAN96 09/02/2022 295083 20.93 PRUNER 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC97 09/02/2022 295083 22.98 MARKING PAINT 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC98 09/02/2022 295083 5,252.81 UPGRADES TO EGPI CONTROLLERS, INSTALLATION 350.5540.7001 SITEONE LANDSCAPE SUPPLY LLC99 09/02/2022 295084 453.00 07/22 PARKING CITATION REV DIST 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER100 09/02/2022 295085 14.30 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS101 09/02/2022 295085 17.38 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS102 09/02/2022 295085 16.94 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS103 09/02/2022 295085 18.54 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS104 09/02/2022 295086 191,850.14 07/22 SEWER SVCS COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST105 09/02/2022 295086 2,475.00 07/22 (1) SEWER SVC HOOKUPS 760.0000.2305 SOUTH SLO COUNTY SANIT DIST106 09/02/2022 295086 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST107 09/02/2022 295086 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST108 09/02/2022 295086 8.81 CITY ACCT-211 VERNON AVE 010.4145.5401 SOUTH SLO COUNTY SANIT DIST109 09/02/2022 295086 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST110 09/02/2022 295086 8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST111 09/02/2022 295086 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST112 09/02/2022 295086 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST113 09/02/2022 295086 8.81 CITY ACCT-203 N RENA 010.4145.5401 SOUTH SLO COUNTY SANIT DIST114 09/02/2022 295086 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DISTPage 11 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name115 09/02/2022 295086 $ 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST116 09/02/2022 295086 8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST117 09/02/2022 295086 8.81 CITY ACCT 211 HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST118 09/02/2022 295087 60.00 ADULT SOFTBALL SCORER- 3 GAMES 010.4424.5352 HEATHER STRAUSBURG119 09/02/2022 295088 104.50 PICKLEBALL SHIRTS 010.4424.5251 THE TOP SHOP120 09/02/2022 295089 56.21 SHIPPING EXP-WELLS FARGO RDA BOND 010.4120.5208 THE UPS STORE121 09/02/2022 295090 104.66 FINAL BAL DUE-NEWSPAPER SUBSCR 010.4101.5503 THE TRIBUNE122 09/02/2022 295091 12,136.25 07/22 SALES TAX MEASURE OUTREACH 010.4101.5303 TRIPEPI SMITH123 09/02/2022 295092 5,951.76 AYSO/UK INT'L SOCCER CAMP SESSION 1 &2 010.4424.5351 UK INT'L SOCCER CAMPS INC124 09/02/2022 295092 3,230.84 AYSO/UK INT'L SOCCER CAMP SESSION 3 & 4 010.4424.5351 UK INT'L SOCCER CAMPS INC125 09/02/2022 295092 3,319.30 AYSO/UK INT'L SOCCER CAMP SESSION 5 010.4424.5351 UK INT'L SOCCER CAMPS INC126 09/02/2022 295093 422.15 REIMBURSE-PRE-EMPLOYMENT EXPENSES 010.4201.5315 KEVIN VASQUEZ127 09/02/2022 295094 304.08 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS128 09/02/2022 295095 645.00 WSC AG 2021 UWMP PREP FOR URBAN FY 22-23 640.4710.5303 WATER SYSTEMS CONSULTING INC129 09/02/2022 295096 564.59 COPY MACHINE LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL130 09/02/2022 295097 523.92 (10) 5 GALL SUCCULENT, (4) 15 GALL ARBUTUS TREE 010.4420.5308 WEST COVINA NURSERIES131 09/02/2022 295098 16,666.31 PURCHASE DISPENSERS AND FUEL MGT SYSTEM 350.5474.7001 WESTERN PUMP INC132 09/02/2022 295099 45.00 ADULT SOFTBALL SCORER- 3 GAMES 010.4424.5352 SHIRLEY WILLMOTT133 09/02/2022 295100 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 MARY WILSON134 09/09/2022 295101 250.00 PD CARPET CLEANING 010.4213.5303 ACME CLEANING/RESTORATION135 09/09/2022 295102 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MARCI ADARGO136 09/09/2022 295103 900.00 09/11 SUMMER CONCERT SERIES SOUND 010.4421.5504 ADEPT EVENTS LLC137 09/09/2022 295104 249.45 MATERIALS FOR BRANCH ST BULB OUT 010.4420.5605 ARROYO GRANDE IN BLOOM INC138 09/09/2022 295105 26.27 BAN#9391033180 FAX 010.4145.5403 AT&T139 09/09/2022 295106 145.00 08/22 DO INSPECTION-CITY YARD 010.4305.5303 B & T SVC STN CONTRACTORS, INC140 09/09/2022 295107 1,088.00 08/22 DOGGIE CLASSES 010.4424.5351 IRINA BEATTY141 09/09/2022 295108 365.00 PW-50 ENGINE SVC OIL CHG 220.4303.5601 BOYER'S DIESEL142 09/09/2022 295108 220.00 PW-52 OIL CHG 640.4712.5601 BOYER'S DIESEL143 09/09/2022 295109 40.93 PW-5 PRUNING TOOL 612.4610.5273 BRISCO MILL & LUMBER YARD144 09/09/2022 295109 38.82 HYDRANT PAINTING-BRUSHES, PAINT 640.4712.5610 BRISCO MILL & LUMBER YARD145 09/09/2022 295109 39.86 PW-10 CELL PHONE HOLDER 640.4712.5255 BRISCO MILL & LUMBER YARD146 09/09/2022 295109 43.09 SOTO- 300' TAPE MEASURE 010.4430.5605 BRISCO MILL & LUMBER YARD147 09/09/2022 295109 53.84 GROOVE JOINT, VISEGRIPS, PLIERS 010.4420.5605 BRISCO MILL & LUMBER YARD148 09/09/2022 295110 150.00 PARK DEPOSIT REFUND-STROTHER #1,2,3 010.0000.2206 CALVARY CHAPEL149 09/09/2022 295111 41.09 PW-12 OIL FILTER & HYDRAULIC OIL 220.4303.5603 CARQUEST AUTO PARTS150 09/09/2022 295111 24.88 SOTO-AIR FILTER 220.4303.5603 CARQUEST AUTO PARTS151 09/09/2022 295112 756.46 ACCT#8245100960211791 REC BUS. TV & DARK FIBER 010.4145.5401 CHARTER COMMUNICATIONS152 09/09/2022 295112 53.37 ACCT#8245100960221923 -PW TV 010.4307.5303 CHARTER COMMUNICATIONSPage 12 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name153 09/09/2022 295113 $ 79.20 08/22 CLOGGING CLASS 010.4424.5351 KATHLEEN J CINOWALT154 09/09/2022 295114 72.19 CM SET -OAK PARK/ECR STORM DRAIN 350.5795.7301 CRISP IMAGING155 09/09/2022 295115 280.00 08/22 SENIOR FITNESS 010.4424.5351 GAYLE CUDDY156 09/09/2022 295116 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 NANCY DIAZ157 09/09/2022 295116 (27.00) BOUNCE HOUSE FEE 010.0000.4354 NANCY DIAZ158 09/09/2022 295117 80.00 ARREST & CONTROL TRAINING-POST 010.4203.5501 ASHLEY DONOVAN159 09/09/2022 295118 456.00 ROLLER SKATE CLASS-SUMMER SESSION 3 010.4424.5351 DOOMSDAY SKATE LLC160 09/09/2022 295119 110.00 REFUND-DOGGIE GOOD MANNERS 010.0000.4605 LYNN DORLAND161 09/09/2022 295120 391.46 WELL #7 & 8 BLOWOFF DRAIN REPAIR 640.4711.5603 FAMCON PIPE AND SUPPLY INC162 09/09/2022 295121 1,827.00 08/22 BRIDGE GAMES & CLASSES 010.4424.5351 FIVE CITIES DUPLICATE BRIDGE163 09/09/2022 295122 281.25 ENGINEERING SERVICES FOR STORM 350.5797.7301 GARING TAYLOR & ASSOCIATES INC164 09/09/2022 295123 86.08 PORTABLE TOILET RENTAL 7/27-8/23 220.4303.5552 HARVEY'S HONEY HUTS165 09/09/2022 295124 700.00 09/11 SUMMER CONCERT SERIES BAND 010.4421.5504 PAUL IRVING166 09/09/2022 295125 830.00 OLD CITY HALL-REMOVE OLD FLORESCENT, REWIRE FOR 010.4213.5303 JD ELECTRIC167 09/09/2022 295126 1,446.38 (20) 5 GALL PAINT-SOTO 010.4430.5605 KELLY-MOORE PAINTS168 09/09/2022 295127 4,375.00 FY22/23 EMPLOYMENT RELATIONS CONSORTIUM 010.4110.5303 LIEBERT, CASSIDY, WHITMORE169 09/09/2022 295128 293.25 08/11 CIM FIELD TRIP AVILA BEACH 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST170 09/09/2022 295128 174.25 08/09 CIM FIELD TRIP AVILA MARINE INSTITUTE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST171 09/09/2022 295128 210.75 08/04 CIM FIELD TRIP RANCHO BOWL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST172 09/09/2022 295129 80.00 REFUND-DOGGIE AGILITY 010.0000.4605 DAWN MEISNER173 09/09/2022 295130 75.97 PRIMER, COAT HOOK, PAINT PAIL, GAP FILLER 010.4213.5604 MINER'S ACE HARDWARE, INC174 09/09/2022 295130 19.37 (2) CANS WD-40 640.4712.5610 MINER'S ACE HARDWARE, INC175 09/09/2022 295130 64.61 FLEXSEAL SPRAY 010.4213.5604 MINER'S ACE HARDWARE, INC176 09/09/2022 295130 103.38 (6) PAIR WORK GLOVES 640.4712.5255 MINER'S ACE HARDWARE, INC177 09/09/2022 295130 36.60 WELL#7 & 8 DRAIN REPAIR-BOLTS, RODS 640.4711.5603 MINER'S ACE HARDWARE, INC178 09/09/2022 295130 129.28 (2) AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC179 09/09/2022 295130 10.76 CABLE TIES 220.4303.5613 MINER'S ACE HARDWARE, INC180 09/09/2022 295130 38.77 WALLBOARD ANCHORS, GAP FILLER 010.4213.5604 MINER'S ACE HARDWARE, INC181 09/09/2022 295130 26.46 PLIERS, CORNERBRACE, MARKER, CD KEY 010.4420.5605 MINER'S ACE HARDWARE, INC182 09/09/2022 295130 120.62 SPRAY PAINT, CLEANERS, SANITIZER 010.4213.5604 MINER'S ACE HARDWARE, INC183 09/09/2022 295130 146.85 WOMENS CLUB-DEADBOLT, DOOR HANDLE, CAULK, SHIMS 010.4213.5604 MINER'S ACE HARDWARE, INC184 09/09/2022 295130 27.98 CORNER BRACE, PAINTERS PUTTY 010.4213.5604 MINER'S ACE HARDWARE, INC185 09/09/2022 295130 36.61 STROTHER-PLANTS 010.4420.5605 MINER'S ACE HARDWARE, INC186 09/09/2022 295131 157.60 08/22 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON187 09/09/2022 295132 180.96 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC188 09/09/2022 295132 231.53 OFFICE SUPPLIES-TONER 010.4102.5602 ODP BUSINESS SOLUTIONS LLC189 09/09/2022 295133 536.17 PRINTER INK CARTRIDGES 010.4421.5602 OFFICE1190 09/09/2022 295134 100.00 PRE-EMPLOYMENT MEDICAL TESTING 010.4430.5315 PACIFIC CENTRAL COAST HEALTHPage 13 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name191 09/09/2022 295134 $ 380.00 PRE-EMPLOYMENT MEDICAL TESTING 010.4425.5315 PACIFIC CENTRAL COAST HEALTH192 09/09/2022 295134 315.00 PRE-EMPLOYMENT MEDICAL TESTING 640.4712.5315 PACIFIC CENTRAL COAST HEALTH193 09/09/2022 295134 542.56 PRE-EMPLOYMENT MEDICAL TESTING 010.4201.5315 PACIFIC CENTRAL COAST HEALTH194 09/09/2022 295134 185.00 PRE-EMPLOYMENT MEDICAL TESTING 010.4425.5315 PACIFIC CENTRAL COAST HEALTH195 09/09/2022 295134 206.16 PRE-EMPLOYMENT MEDICAL TESTING 640.4712.5315 PACIFIC CENTRAL COAST HEALTH196 09/09/2022 295134 100.00 PRE-EMPLOYMENT MEDICAL TESTING 010.4201.5315 PACIFIC CENTRAL COAST HEALTH197 09/09/2022 295135 1,498.75 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO198 09/09/2022 295135 8,171.30 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO199 09/09/2022 295135 6,965.51 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO200 09/09/2022 295135 2,359.02 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO201 09/09/2022 295135 8,609.09 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO202 09/09/2022 295135 12.79 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO203 09/09/2022 295135 16,778.25 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO204 09/09/2022 295136 80.00 ARREST & CONTROL TRAINING-POST 010.4203.5501 ENRIQUETTA PEINADO205 09/09/2022 295137 138.19 SOTO-GRACO LOWER PUMP REPAIR KIT 010.4430.5604 PIONEER ATHLETICS206 09/09/2022 295138 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 DAVID RALSTON207 09/09/2022 295139 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 DULCE RAMIREZ208 09/09/2022 295140 1,560.00 TRAFFIC COLLISION RECONSTRUCTION 010.4203.5501 TIMOTHY RAMIREZ209 09/09/2022 295141 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MALI RODRIGUEZ210 09/09/2022 295142 489.19 RATCHET, PLIERS, EXTENSION 010.4305.5273 TCA TOOLS INC211 09/09/2022 295143 105.94 08/22 COPY MACHINE MAINTENANCE 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)212 09/09/2022 295144 233.27 (3) 15 GALL PISTACIA 010.4420.5308 WEST COVINA NURSERIES213 09/09/2022 295145 323.23 (1) SAFETY HARNESS 612.4610.5255 WINEMA INDUSTRIAL &214 09/09/2022 295146 200.00 WASHING MACHINE REBATE 226.4306.5554 LYNDA WRIGHT215 09/09/2022 295147 3,343.20 07/22 GAMING & CODING CAMPS 010.4424.5351 YOUTH TECH INC.216 09/09/2022 295148 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 HEATHER ZACKER217 09/09/2022 295149 100.00 PARK DEPOSIT REFUND-STROTHER # 1& 2 010.0000.2206 KELLI ZEIDERS218 09/09/2022 295150 151.01 UB Refund Cst #00023373 640.0000.2301 LAUREN R ARCHER219 09/09/2022 295151 56.81 UB Refund Cst #00028428 640.0000.2301 TIMOTHY BRZYCKI220 09/09/2022 295152 89.64 UB Refund Cst #00028030 640.0000.2301 JACOB GERMAN221 09/09/2022 295153 136.64 UB Refund Cst #00026969 640.0000.2301 DAVID GREEN222 09/09/2022 295154 22.65 UB Refund Cst #00026027 640.0000.2301 ALANNA CHRISTINE HAYS223 09/09/2022 295155 22.63 UB Refund Cst #00028143 640.0000.2301 CINDY T KING224 09/09/2022 295156 37.25 UB Refund Cst #00028196 640.0000.2301 VICTOR LONGORIA225 09/09/2022 295157 37.44 UB Refund Cst #00028544 640.0000.2301 KIRRA MARTIN226 09/09/2022 295158 21.54 UB Refund Cst #00003444 640.0000.2301 SHADRA & ALEX PAZ227 09/09/2022 295159 72.71 UB Refund Cst #00024671 640.0000.2301 ROBERT BAKER TRUST228 09/09/2022 295160 70.72 UB Refund Cst #00026453 640.0000.2301 MICHAEL SMITHPage 14 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name229 09/09/2022 295161 $ 309.61 UB Refund Cst #00024539 640.0000.2301 VIRLON SMOOT230 09/09/2022 295162 46,971.73 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE231 09/09/2022 295162 49,828.08 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE232 09/09/2022 295162 12,867.16 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE233 09/09/2022 295163 2,201.65 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT234 09/09/2022 295163 18,703.87 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT235 09/09/2022 295164 565.60 DEPT OF CHILD SUPPORT SERVICES: Payment 011.0000.2114 CA STATE DISBURSEMENT UNIT236 09/09/2022 295165 8,066.96 DENTAL INSURANCE: Payment 011.0000.2110 DELTA DENTAL237 09/09/2022 295165 322.72 DENTAL INSURANCE: Payment 011.0000.2110 DELTA DENTAL238 09/09/2022 295165 2,500.77 09/22 RETIREE DENTAL PREMIUM 010.4099.5132 DELTA DENTAL239 09/09/2022 295166 4,313.22 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP240 09/09/2022 295166 11,843.59 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP241 09/09/2022 295166 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP242 09/09/2022 295166 275.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP243 09/09/2022 295167 4,020.00 PORAC MED INSURANCE: Payment 011.0000.2109 PERS - ACTIVE MED244 09/09/2022 295167 882.18 PPO PERS PLATINUM - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED245 09/09/2022 295167 8,111.40 PPO PERS GOLD - MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED246 09/09/2022 295167 15,399.92 PPO PERS GOLD - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED247 09/09/2022 295167 13,283.90 PPO PERS GOLD - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED248 09/09/2022 295167 742.70 BLUE SHIELD TRIO HMO - MGMT: Payment 011.0000.2109 PERS - ACTIVE MED249 09/09/2022 295167 2,673.72 BLUE SHIELD TRIO HMO - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED250 09/09/2022 295167 3,862.04 BLUE SHIELD TRIO HMO - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED251 09/09/2022 295167 13,176.56 HMO-UNITED HEALTHCARE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED252 09/09/2022 295167 10,696.28 HMO UNITED HEALTHCARE-POLICE: Payment 011.0000.2109 PERS - ACTIVE MED253 09/09/2022 295167 17,982.14 HMO UNITED HEALTHCARE-SEIU: Payment 011.0000.2109 PERS - ACTIVE MED254 09/09/2022 295167 6,045.72 HMO-UNITED HEALTH FIRE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED255 09/09/2022 295167 2,293.68 PERS PLATINUM-FIRE MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED256 09/09/2022 295167 4,058.04 PPO PERS PLATINUM - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED257 09/09/2022 295167 8,816.76 PPO PERS GOLD - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED258 09/09/2022 295167 9,146.08 HMO UNITED HEALTHCARE-FIRE: Payment 011.0000.2109 PERS - ACTIVE MED259 09/09/2022 295167 335.78 09/22 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED260 09/09/2022 295167 98.24 ACTIVE FIRE HEALTH ADMIN FEE 010.0000.1111 PERS - ACTIVE MED261 09/09/2022 295167 6,788.17 09/22 RETIREE HEALTH INS 010.4099.5136 PERS - ACTIVE MED262 09/09/2022 295167 602.76 09/22 RETIREE HEALTH INS 010.0000.1111 PERS - ACTIVE MED263 09/09/2022 295167 752.74 09/22 RETIREE HEALTH INS 220.4303.5136 PERS - ACTIVE MED264 09/09/2022 295167 839.20 ADJUSTMENT FOR TERMS/ADDS 011.0000.2109 PERS - ACTIVE MED265 09/09/2022 295168 3,190.79 09/22 ACTIVE HEALTH INS-PT NON 011.0000.2109 PERS - ACTIVE MED266 09/09/2022 295168 10.53 09/22 ACTIVE HEALTH ADMIN FEE- 010.4145.5131 PERS - ACTIVE MEDPage 15 of 238 CITY OF ARROYO GRANDECHECK LISTINGSEPTEMBER 1 - SEPTEMBER 16, 2022ATTACHMENT 1Line Check Date Check # Amount Description Acct # Vendor Name267 09/09/2022 295169 $ 935.52 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO268 09/09/2022 295169 538.10 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO269 09/09/2022 295169 23.50 STANDARD LIFE TAXABLE DEDUCT: Payment 011.0000.2113 STANDARD INSURANCE CO270 09/09/2022 295169 1,451.70 STANDARD LTD/STD INSURANCE: Payment 011.0000.2113 STANDARD INSURANCE CO271 09/09/2022 295169 (60.49) HIRE/TERM ADJUSTMENT 011.0000.2113 STANDARD INSURANCE CO272 09/09/2022 295170 1,419.92 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA273 09/09/2022 295171 2,166.17 VISION CARE INSURANCE: Payment 011.0000.2119 VISION SERVICE PLAN274 09/09/2022 295171 645.62 09/22 VISION RETIREE PREMIUM 010.4099.5133 VISION SERVICE PLAN275 09/09/2022 295171 (18.54) 09/22 VSP BILLING ADJUSTMENT 011.0000.2119 VISION SERVICE PLAN $ 1,364,165.21 Page 16 of 238 ATTACHMENT 2 . General Fund 358,913.96 5101 Salaries Full time 239,634.97 Streets Fund 16,316.64 5101 Volunteer Employee Retirement - American Rescue Plan Act 3,924.78 5102 Salaries Part-Time - PPT 5,647.36 Sewer Fund 9,152.69 5103 Salaries Part-Time - TPT 13,214.94 Water Fund 24,034.05 5105 Salaries OverTime 9,891.26 412,342.12 5106 Salaries Strike Team OT - 5107 Salaries Standby 1,658.90 5108 Holiday Pay 7,595.71 5109 Sick Pay 3,650.97 5110 Annual Leave Buyback - Administrative Services - 5111 Vacation Buyback - Information Services - 5112 Sick Leave Buyback - Community Development - 5113 Vacation Pay 5,068.60 Police 8,013.04 5114 Comp Pay 1,992.03 Public Works - Maintenance 1,061.08 5115 Annual Leave Pay 8,606.76 Public Works - Enterprise 817.14 5116 Salaries - Police FTO 111.00 Recreation - Administration - 5121 PERS Retirement 30,508.13 Recreation - Special Events - 5122 Social Security 21,723.43 Children In Motion - 5123 PARS Retirement 278.10 9,891.26 5126 State Disability Ins. 1,101.13 5127 Deferred Compensation 741.66 5131 Health Insurance 50,373.25 5132 Dental Insurance 3,348.21 5133 Vision Insurance 823.04 5134 Life Insurance 392.56 5135 Long Term Disability 551.01 5137 Leave Payouts 3,290.00 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 1,070.00 412,342.12 OVERTIME BY DEPARTMENT: Total FCFA payroll cost for this period is $188,132.72. 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 08/19/2022 - 09/01/2022 9/9/2022 BY FUND BY ACCOUNT Page 17 of 238 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: October 11, 2022 SUMMARY OF ACTION: Presentation of the City’s investment deposits as of August 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 August 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 18 of 238 Item 8.b. City Council Consideration of Statement of Investment Deposits October 11, 2022 Page 2 ANALYSIS OF ISSUES: This report represents the City’s investments as of August 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 August 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 f ile 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: August 31, 2022 Page 19 of 238 ATTACHMENT 1City of Arroyo Grande300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio ManagementPortfolio SummaryAugust 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$ 1.276%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 2,443,365.00 1.600% November 1, 2019 48 mos November 1, 2023 8.050%Federal Farm Credit Bank 1,999,314.00 1,888,502.00 0.350% December 4, 2020 42 mos May 16, 2024 6.437%Federal Home Loan Bank 499,252.43 496,896.23 1.000% July 19, 2022 29 mos December 20, 2024 1.608%Federal Farm Credit Bank 998,431.00 927,003.00 0.430% March 17, 2021 48 mos March 3, 2025 3.215%Federal Natl Mortgage Assn 1,000,000.00 904,544.00 0.500% October 20, 2020 60 mos October 20, 2025 3.220%Federal Home Loan Bank 999,500.00 905,845.00 0.800% March 17, 2021 60 mos March 10, 2026 3.218%Federal Home Loan Bank 994,396.00 939,258.00 2.400% March 17, 2021 72 mos March 29, 2027 3.202%Federal Home Loan Bank 500,000.00 484,359.50 3.375% May 17, 2022 60 mos May 17, 2027 1.610%Total Agency Bonds9,490,893.43 8,989,772.73 30.559%Page 20 of 238 ATTACHMENT 1City of Arroyo Grande300 E. Branch St.Arroyo Grande, CA 93420Phone: (805) 473-5400CITY OF ARROYO GRANDEPortfolio ManagementPortfolio SummaryAugust 31, 2022Investments Principal ValueCurrent Market Value Interest Rate Date of PurchaseTerm Maturity Date% of PortfolioMunicipal BondsCalifornia State GO Various Purp Bond 491,810.00 482,495.00 3.100% May 12, 2022 47 mos April 1, 2026 1.584%Total Municipal Bonds491,810.00 482,495.00 1.584%Treasury ObligationsU.S. Treasury Z-2026 Series 984,728.00 905,859.00 1.100% December 6, 2021 53 mos May 31, 2026 3.171%Total Treasury Obligations984,728.00 905,859.00 3.171%TOTAL INVESTMENTS31,057,658.66$ 30,468,353.96$ 100.000%Page 21 of 238 1 Item 8.c. ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL September 27, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, Council Member Storton Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Administrative Services Director Nicole Valentine, Community Development Director Brian Pedrotti, Associate Planner Patrick Holub, Police Chief Michael Martinez Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________ 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 P.M. 2. ROLL CALL City Clerk Matson took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements None. 5.b. Ordinances read in title only Page 22 of 238 2 Item 8.c. Moved by Mayor Ray Russom Seconded by Council Member Barneich AYES (5): Mayor Ray Russom, Council Member Barneich, Council Member Paulding, 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 which included information on the new data dashboard the County is using for reporting COVID-19 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 thanked everyone involved in their efforts in making the Harvest Festival a success; provided an update on the progress of the Elm Street playground project; announced that the new County animal shelter is now open; and provided information regarding the 5Cities Homeless Coalition cabin project in Grover Beach. Assistant City Manager/Public Works Director Robeson informed the public of a planned street closure on South Mason Street for removal of a tree on October 14, 2022. Mayor Ray Russom invited public comment. Speaking from the public were Krista Bandy and Peggy Coon. No further public comments were received. Director Robeson responded to questions from the public. No action was taken on this item. 6.c. Honorary Proclamation - Native American & Indigenous Peoples Heritage Month 2022 Mayor Ray Russom read the Honorary Proclamation declaring October 2022 Native American & Indigenous Peoples Heritage Month. Slo’w Victor Gutierrez accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.d. Honorary Proclamation - Fire Prevention Week 2022 Mayor Ray Russom read the Honorary Proclamation declaring October 9 - 15, 2022 Fire Prevention Week. Five Cities Fire Chief Lieberman accepted the proclamation and commented that Five Cities Fire Authority will be hosting an Open House at Station 1 in Arroyo Grande on Saturday, October 8th. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. Page 23 of 238 3 Item 8.c. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public were Mike Drees and Jeff Edwards. No further public comments were received. Assistant City Manager/Public Works Director Robeson responded to questions from the public. 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 pulled Item 8.k. for a separate vote. Council commented on Items 8.i. and 8.l. Mayor Ray Russom invited public comment. Speaking from the public was Krista Bandy. No further public comments were received. Moved by Council Member Storton Seconded by Mayor Ray Russom Approve Consent Agenda Items 8.a. through 8.m., with the exception of item 8.k., with the recommended courses of action. AYES (5): Council Member Storton, Mayor Ray Russom, Council Member Barneich, Council Member Paulding, and Mayor Pro Tem George Passed (5 to 0) 8.a. Consideration of Cash Disbursement Ratification Ratified the attached listing of cash disbursements for the period of August 16 through August 31, 2022. 8.b. 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.c. Consideration of Adoption of a Resolution Approving the Amended and Restated Contract Between San Luis Obispo County Flood Control and Water Conservation District and the City of Arroyo Grande for Water Supply from Lopez Reservoir Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE AMENDED AND Page 24 of 238 4 Item 8.c. RESTATED WATER SUPPLY CONTRACT PROJECT FOR ZONE 3 AND APPROVING EXECUTION OF AN AMENDED AND RESTATED WATER SUPPLY CONTRACT WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT". 8.d. Consideration of First Amendment to the Communications Site Lease Agreement (“Lease”) with T-Mobile West, LLC (“T-Mobile”), for the Operation of a Telecommunications Facility Located at Branch Mill Road (Reservoir 4) Approved the First Amendment to the Communications Site Lease Agreement (“Lease”) with T- Mobile West, LLC (“T-Mobile”), successor in interest to Cingular Wireless, for the operation of a telecommunications facility located at Branch Mill Road, commonly known as the Reservoir 4 site. 8.e. Approval of Minutes Approved the minutes of the Regular City Council Meeting of September 13, 2022. 8.f. Consideration of Conflict of Interest Code Biennial Review and Resolution Amending the City of Arroyo Grande Conflict of Interest Code Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS". 8.g. Consideration of an Agreement for Police Fleet Lease and Purchase and Resolution Declaring Vehicles as Surplus 1) Authorized the purchase of (a) thirteen (13) vehicles from Mullahey Ford, (b) vehicle fleet upfitting from Dana Safety Supply, (c) MDC Computers from Code3 Technologies, and (d) dash cameras from Safe Fleet; 2) Authorized a financing agreement for nine (9) Patrol vehicles and upfitting for a total not to exceed the amount of $749,103, through a 4-year municipal lease from Holman Capital Corporation at an APR of 4.57% (4 annual payments of approximately $201,583); 3) Authorized the cash purchase of four (4) vehicles and upfitting not to exceed the amount of $204,395; 4) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL"; and 5) Authorized the City Manager to execute all necessary documents. 8.h. Consideration to Award Construction Contract to G. Sosa Construction, Inc. for 2022 Pedestrian Crossing Improvement Project, PW 2021-08, and Authorization of Budget Adjustment for $90,618 from Unexpended FY 2021-22 CIP Budget Funds 1) Awarded a construction contract to G. Sosa Construction, Inc. in the amount of $321,202.75 and authorized the City Manager to approve change orders for up to 10% of the contract amount, $32,120.25, for unanticipated costs during the construction phase of the project (construction contract costs = $321,202.75 + $32,120.25 = $353,323); and 2) Approved a budget adjustment to appropriate $90,618 from unexpended FY 2021-22 Capital Improvement Program budget funds to cover the subject project expenditures. 8.i. Monthly Water Supply and Demand Update Page 25 of 238 5 Item 8.c. Received and filed the monthly Water Supply and Demand Report. 8.j. Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 1) Received and filed an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL". 8.l. Consideration of Temporary Use Permit 22-011 Authorizing the Temporary Closure of Branch Street for Halloween in the Village on Monday, October 31, 2022; Applicant – Krista Bandy Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 22-011 AUTHORIZING “HALLOWEEN IN THE VILLAGE” ON MONDAY, OCTOBER 31, 2022 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES; APPLIED FOR BY KRISTA BANDY". 8.m. Consideration of Adoption of a Resolution Amending the Citywide Combined Salary Schedule to Establish a Pay Schedule for a Temporary Part-Time Acting Capital Improvement Project Manager Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITYWIDE COMBINED SALARY SCHEDULE AND ESTABLISHING A PAY SCHEDULE FOR THE POSITION OF TEMPORARY PART-TIME ACTING CAPITAL IMPROVEMENT PROJECT MANAGER". 8.k. Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Accessory Dwelling Units and Adoption of a Resolution Approving an Accessory Dwelling Unit Fee Waiver Program Council Member Barneich declared a conflict of interest and recused herself. Mayor Ray Russom declared a conflict of interest due to owning an ADU and recused herself. Mayor Pro Tem George presided. Moved by Mayor Pro Tem George Seconded by Council Member Paulding Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (AGMC) REGARDING ACCESSORY DWELLING UNITS; LOCATION- CITYWIDE", and a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING FOR AN ACCESSORY DWELLING UNIT FEE WAIVER PROGRAM". City Attorney Carmel read the full title of the Ordinance. AYES (3): Mayor Pro Tem George, Council Member Paulding, and Council Member Storton Page 26 of 238 6 Item 8.c. ABSENT (2): Mayor Ray Russom, and Council Member Barneich Passed (3 to 0) 9. PUBLIC HEARINGS 9.a. Discussion and Consideration of 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 Mayor Ray Russom returned to the meeting and presided. Council Member Barneich declared a conflict of interest and left the meeting. Mayor Pro Tem George declared a conflict of interest and left the meeting. Mayor Ray Russom noted that due to the multiple conflicts of interest, Council previously drew straws to see who would hear the item. Community Development Director Pedrotti introduced the item, and Associate Planner Holub provided a presentation of the staff report. Staff responded to questions from Council. City Attorney Carmel clarified what language was legally necessary in the Ordinance. Mayor Ray Russom opened the public hearing. Speaking from the public were Zazz Daniel, Josephine Moore, Annie Ashbrook, Jim Guthrie, Peggy Coon, and No Name provided. City Clerk Matson read into the record written correspondence received from Joanie Fugitt, Zazz and Dove Daniel, Deborah Cookson and Josephine Moore, Terryl and Jeff Walters. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Director Pedrotti and Associate Planner Holub responded to questions from the public. City Attorney Carmel provided clarification regarding the revocations and public hearing process. Council discussion ensued regarding metrics for the payment of Transient Occupancy Tax (TOT) as it relates to a possible revocation hearing; the permitting cap; and requiring an affidavit regarding responsiveness. Mayor Ray Russom suggested continuing the Item until after Item 9.b. to allow staff time to clarify language in the Ordinance. Council concurred. Mayor Ray Russom called for a brief break at 8:13 p.m. The Council reconvened at 8:24 p.m. Council returned to the item and staff recommended modifying the Ordinance as follows: Amending performance standards and conditions for vacation rentals #16 to read: "Vacation rentals must remit a minimum amount of TOT to the City at least once every six (6) months. The amount shall be established by a resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted payment the previous fiscal year." Page 27 of 238 7 Item 8.c. Amending performance standards and conditions for Home Stays #12 to read: "Home Stays must remit a minimum amount of TOT to the City at least once every six (6) months. The amount shall be established by a resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted payment the previous fiscal year." Moved by Mayor Ray Russom Seconded by Council Member Paulding Introduce an Ordinance entitled: "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", as modified by staff. City Attorney Carmel read the full title of the Ordinance into the record. AYES (3): Mayor Ray Russom, Council Member Paulding, and Council Member Storton ABSENT (2): Mayor Pro Tem George, and Council Member Barneich Passed (3 to 0) 9.b. Discussion and Consideration of Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003; Location – Citywide Associate Planner Holub presented the staff report and recommended that the Council introduce the Ordinance to establish a permanent parklet program. Staff responded to questions. Mayor Ray Russom opened the public hearing. Speaking from the public were Jim Guthrie, Krista Bandy, and Laura Beth Amy. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Council discussion ensued regarding a steam cleaning requirement every 6 months; the definition of a parklet; and massing. Mayor Ray Russom suggested continuing the item until after Item 11.a. to allow staff time to clarify language in the Ordinance. Council concurred. After hearing Item 12, Council returned to the item and staff recommended modifying the Ordinance as follows: Performance Standards and Conditions #8 to include: "any parklet features, furnishings, or vegetation shall maintain an open see through aesthetic in and out of the parklet." Performance Standards and Conditions #17 to include: "parklets shall be kept clean and neat." Performance Standards and Conditions #18 to include: "Steam cleaning shall be completed at least once every six months by the parklet operator. Steam cleaning shall be consistent with Regional Water Quality Control Board regulations regarding illicit discharge." SECTION 3 Definitions: changed public amenity to private amenity. Page 28 of 238 8 Item 8.c. Moved by Mayor Ray Russom Seconded by Mayor Pro Tem George Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF A PERMANENT PARKLET PROGRAM", including the modifications made by staff. City Attorney Carmel read the full title of the Ordinance into the record. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 0) 10. OLD BUSINESS None. 11. NEW BUSINESS 11.a. Discussion and Consideration of Approval of a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority and Appointment of a Representative to the Authority Board of Directors City Manager McDonald presented the item and recommended that the Council authorize the Mayor to execute a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority (Authority); and appoint a member of the City Council to the Authority Board of Directors. City Manager McDonald responded to questions from Council. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Barneich Seconded by Mayor Pro Tem George Authorize the Mayor to execute a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority; and appoint Mayor Ray Russom to the Authority Board of Directors. AYES (5): Council Member Barneich, Mayor Pro Tem George, Council Member Paulding, Council Member Storton, and Mayor Ray Russom Passed (5 to 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) Page 29 of 238 9 Item 8.c. 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 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 Council Member Barneich thanked staff for the work done for the Harvest Festival. Mayor Pro Tem George requested a discussion item at a future Council meeting regarding annual steam cleaning of the sidewalks in the Village. Mayor Ray Russom concurred. Assistant City Manager/Public Works Director Robeson clarified that staff did not commit to annual sidewalk steam Page 30 of 238 10 Item 8.c. cleaning during a recent Village Businesses Roundtable. Mayor Ray Russom suggested the discussion be brought up during the next budget discussion. Mayor Pro Tem George concurred. Mayor Pro Tem George announced that the next Empty Bowls event for 5 Cities Homeless Coalition will take place on October 1, 2022. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 10:02 p.m. _________________________ Caren Ray Russom, Mayor ATTEST: _________________________ Jessica Matson, City Clerk Page 31 of 238 Item 8.d. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager Timothy J. Carmel, City Attorney SUBJECT: Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic DATE: October 11, 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 32 of 238 Item 8.d. City Council Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic October 11, 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 33 of 238 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, August 23, September 13, and September 27, 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 34 of 238 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 11th day of October, 2022. Page 35 of 238 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 36 of 238 Item 8.e. MEMORANDUM TO: City Council FROM: Whitney McDonald, City Manager BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration of Cancellation of the December 27, 2022 City Council Meeting DATE: October 11, 2022 SUMMARY OF ACTION: Cancellation of the second regular City Council meeting in December due to its proximity to the Christmas and New Year holidays. 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 December 27, 2022, due to the holidays. BACKGROUND: Traditionally, and in accordance with the City Council Handbook, the City Council has cancelled the second regularly scheduled December meeting due to scheduling conflicts surrounding the holidays. ANALYSIS OF ISSUES: The City Council meets twice a month on the second and fourth Tuesdays. This year, the second regular meeting in December is scheduled on Tuesday, December 27 th. Due to the proximity to the Christmas and New Year holidays, there exists the potential for scheduling conflicts for Council, City staff, as well as members of the public, due to vacation plans and scheduled City Hall holiday closures. Cancellation of the December 27, 2022 City Council meeting will avoid these conflicts. Page 37 of 238 Item 8.e. City Council Consideration of Cancellation of the December 27, 2022 City Council Meeting October 11, 2022 Page 2 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Cancel the December 27th meeting; 2. Do not cancel the December 27th meeting and take no further action; 3. Reschedule the December 27th meeting to a different date; or 4. Provide other direction to staff. ADVANTAGES: Cancelling the December 27, 2022 meeting provides the City Council, staff, and the public an opportunity to plan a vacation and enjoy the holidays without being absent from a meeting or being concerned about missing an item that is important for their vote or input. DISADVANTAGES: Cancellation of a regular meeting may result in heavier agendas at the prior and following meetings. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Page 38 of 238 Item 8.f. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Consideration of Adoption of a Resolution Authorizing the Temporary Closure of South Mason Street from East Branch Street to Nelson Street on Friday October 14, 2022 DATE: October 11, 2022 SUMMARY OF ACTION: South Mason Street from East Branch Street to Nelson Street will be temporarily closed from 7:00am to 5:00pm on October 14, 2022. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Staff time will be necessary to assist in monitoring traffic and pedestrian safety and detours. The cost for a tree service company to remove the tree and provide traffic control is a total of $5,600.00 RECOMMENDATION: Adopt a Resolution authorizing the temporary closure of South Mason Street from East Branch Street to Nelson Street from 7:00am to 5:00pm on October 14, 2022, to allow for the removal of a hazardous tree at City Hall. BACKGROUND: In late 2019, due to signs of declining health, the City Arborist began monitoring the conditions of an approximately 40-foot tall multi-trunk tree located at the southwest corner of the City Hall property. Observations began to confirm an increasing amount of dead smaller branches, while more recent inspections have confirmed that at least half of the tree is dying. Because of the intertwining of trunks, the structural integrity of the tree is critically compromised by the dying off of one the main trunks. Additionally, this tree is 3 feet from the southwest exterior wall of City Hall and 1 foot from the eave overhang. ANALYSIS OF ISSUES: The City Arborist consulted with three other private contractor/certified arborists and each agreed that the tree must be removed because of the tree’s declining condition, loss of structural integrity, and the threat this tree presents to pedestrians, City Hall staff, and the City Hall building. Page 39 of 238 Item 8.f. City Council Consideration of Adoption of a Resolution Authorizing the Temporary Closure of South Mason Street from East Branch Street to Nelson Street on Friday October 14, 2022 October 11, 2022 Page 2 City of Arroyo Grande Municipal Code section, 12.16.040 - Responsibility for tree- damaged sidewalks and public improvements , states in section A., “The public works director will periodically prepare a list of particular street trees that have created a present and immediate danger to pedestrian travel, by causing damage to public improvements, sidewalks, or have interfered with drainage flow in gutters, or resulted in traffic hazards in adjacent streets.” Although the tree in question is not currently causing damage to any public improvements, there is a confirmed present and immediate danger to the public and public facilities due to the increasingly declining condition of the tree. With this information, the Public Works Director has identified this tree for removal and the closure of the South Mason Street will facilitate this in a safe and efficient manner. Other points of information:  Staff has contacted Paulding Middle School and they will include this information in their newsletter.  2 electronic message boards will be located at appropriate locations (E. Branch and Nelson St. areas), approximately one week prior to the upcoming closure. Page 40 of 238 Item 8.f. City Council Consideration of Adoption of a Resolution Authorizing the Temporary Closure of South Mason Street from East Branch Street to Nelson Street on Friday October 14, 2022 October 11, 2022 Page 3  A traffic and pedestrian control plan will be submitted by the tree contractor and approved by staff through the encroachment permit process. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staff’s recommendation; 2. Do not approve staff’s recommendation; 3. Modify as appropriate and approve staff’s recommendation; or 4. Provide other direction to staff. ADVANTAGES: Approval of the temporary closure will allow the tree removal work to be done in one day and substantially reduce the risk of personal injury and property damage. DISADVANTAGES: Inconvenience to local residents and roadway users for the day. ENVIRONMENTAL REVIEW: The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15305(b) Issuance of minor encroachments permits such as street closings and equipment for special events. 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. Photos Page 41 of 238 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE TEMPORARY CLOSURE OF SOUTH MASON STREET FROM EAST BRANCH STREET TO NESLON STREET REQUESTED BY THE CITY OF ARROYO GRNADE PUBLIC WORKS DEPARTMENT FOR THE REMOVAL OF A STREET TREE WHEREAS, California Vehicle Code Section 21101 (e) authorizes municipalities to close any street temporarily for celebrations or other local special events or other purposes when in the opinion of the local authorities having jurisdiction such closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing and such closing must be adopted and provided for by resolution; and WHEREAS, the City of Arroyo Grande Municipal Code section, 12.16.040 - Responsibility for tree-damaged sidewalks and public improvements, states in section A., “The public works director will periodically prepare a list of particular street trees that have created a present and immediate danger to pedestrian travel, by causing damage to public improvements, sidewalks, or have interfered with drainage flow in gutters, or resulted in traffic hazards in adjacent streets.”; and WHEREAS, the Public Works Director has identified a street tree that presents an immediate danger to pedestrian travel and public facilities and the closure of the South Mason Street will facilitate removal in a safe and efficient manner; and WHEREAS, the City’s contractor, Greenvale Tree Service, has submitted plans to temporarily close South Mason Street from East Branch Street to Nelson Street for the purpose of removing the street tree that is presenting an immediate danger to the public; and WHEREAS, a detour plan has been provided for the temporary closure to allow traffic and pedestrians to continue past the closed section of South Mason Street; and WHEREAS, the Department of Public Works, the Police Department, and the Fire Department have no objections provided that emergency vehicle access will be available if needed during the temporary closure of the street. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande 1. Authorizes the temporary closure of South Mason Street from East Branch Street to Nelson Street from 7:00am to 5:00pm on October 14, 2022. 2. Greenvale Tree Service shall apply for and follow all provisions, terms and conditions of a City Encroachment permit. Page 42 of 238 RESOLUTION NO. PAGE 2 3. Greenvale Tree Service shall erect and maintain all signage as shown on the proposed Traffic and Pedestrian Control Plan. 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified copy to be filed in the Office of the City Clerk. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 11th day of October, 2022. Page 43 of 238 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 44 of 238 ATTACHMENT 2 Tree to be removed at City Hall necessitating the closure of South Mason St. from East Branch St. to Nelson St. Page 45 of 238 Item 8.g. MEMORANDUM TO: City Council FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Steve Kahn, Acting Capital Improvement Project Manager SUBJECT: Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 DATE: October 11, 2022 SUMMARY OF ACTION: Adoption of the Resolution by the required four-fifths vote will allow for the continued accelerated replacement of the emergency generator at the Five Cities Fire Authority (FCFA) Station 1. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no additional fiscal impacts from adoption of this Resolution. 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 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) Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopt a Resolution determining that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050. Page 46 of 238 Item 8.g. City Council Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 October 11, 2022 Page 2 BACKGROUND: Public Contract Code (PCC) Section 22050 allows a public agency, in the case of an emergency, to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without going through a formal bid process. At its regular meeting on September 13, 2022, the City Council adopted Resolution No. 5219 declaring an emergency and authorizing the accelerated replacement of the emergency generator at the FCFA Station 1 by eliminating the formal bid process. PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated, and if it is determined that there is a need to continue the action, authorize continuation of the emergency action by a four-fifths vote. On September 27, 2022, the Council adopted Resolution No. 5225 determining a need to continue work under emergency contracts to replace the emergency generator at the FCFA Station 1. ANALYSIS OF ISSUES: Since September 27, 2022 Council meeting, the status of the project as of October 6, 2022, is as follows:  The design consultant has finalized the construction documents and they are being processed for a building permit. While a portable generator has been brought on site that allows for the opening of the apparatus bay doors and some lighting at the fire station, it does not provide power to the server room or the station alerting system, which are critical needs. Therefore, there remains an imminent danger to public health and safety as this situation may cause delay of emergency 9-1-1 services during the event of a power outage . Because of this, staff recommends that the emergency action be continued. As required by statute, staff will continue to bring a similar item to the Council on subsequent agendas until the necessary emergency work has been completed or until the emergency action is terminated. Until this future item, staff will continue to work with the design consultant and selected contractor to complete the improvements on an accelerated basis. Page 47 of 238 Item 8.g. City Council Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 October 11, 2022 Page 3 ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and adopt the proposed Resolution finding that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050; 2. Receive and file an update of the emergency generator replacement project at the FCFA Station 1; do not adopt the proposed Resolution; and direct staff to prepare a Resolution to terminate the need to continue work under emergency action; or 3. Provide other direction to staff. ADVANTAGES: Adoption of the Resolution will allow for the accelerated replacement of the emergency generator at the FCFA Station 1 which will ensure power during the event of a power outage thereby providing rapid response time in the event of an emergency situation. DISADVANTAGES: No disadvantages are identified at this time. ENVIRONMENTAL REVIEW: No environmental review is needed to authorize the continuation of the emergency action. 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 48 of 238 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS FOR THE FCFA STATION 1 EMERGENCY GENERATOR REPLACEMENT PROJECT WHEREAS, on September 13, 2022, pursuant to Public Contract Code (PCC) Section 22050, the City Council deemed it was is in the public interest to immediately authorize the expenditure of City funds needed to safeguard the health, safety and welfare and to proceed immediately with the replacement of the emergency generator at the Five Cities Fire Authority (FCFA) Station 1; and WHEREAS, On September 13, 2022, the City Council deemed the immediate replacement of the emergency generator was necessary in order to protect the public health, safety and welfare and would not permit a delay resulting from a competitive solicitation for bids and that prompt action, including authorization to expend all funds required for such replacement without competitive bidd ing, was necessary to respond to the emergency; and WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 5219 declaring an emergency and authorizing the City Manager to enter into any contract or agreement in order to immediately replace the emergency generator; and WHEREAS, PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated; and WHEREAS, on September 27, 2022, the City Council adopted Resolution No. 5225 determining a need to continue work under emergency contracts to replace the emergency generator; and WHEREAS, if it is determined that there is a need to continue the emergency action, PCC Section 22050 requires a four-fifths vote to authorize the continuation of the emergency action. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the emergency declared by the City Council on September 13, 2022 regarding replacement of the generator at FCFA Station 1 shall be deemed to continue. BE IT FURTHER RESOLVED, that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. Page 49 of 238 RESOLUTION NO. PAGE 2 On motion by Council Member _________, seconded by Council Member _______, and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 11th day of October, 2022. Page 50 of 238 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 51 of 238 Item 8.h. Cn MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Associate Planner SUBJECT: Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Short Term Rentals (Vacation Rentals and Homestays); Development Code Amendment 22-002 DATE: October 11, 2022 SUMMARY OF ACTION: Adopt an Ordinance to amend regulations related to 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 (SLO TMD) (Visit SLO Cal). The City received an estimated $150,000 in FY 2021 -22 in TOT from Short Term Rentals. RECOMMENDATION: Adopt an Ordinance amending Title 16 of the AGMC regarding short term rentals. BACKGROUND: On October, 12, 2021, the City Council directed staff to bring a discussion item related to short term rentals due to the proliferation of rentals within the City. On March 22, 2022, the City Council conducted a study session to identify future potential changes to the ordinance. Based on the recommendations from this study session, a draft Ordinance was presented to the Planning Commission on August 2, 2022. Additional recommendations were made at that meeting, which were incorporated into an updated draft ordinance that was presented for introduction by the City Council on September 13, 2022. During the introduction meeting on September 13, 2022, the City Council recommended additional changes to the draft Ordinance. The hearing to introduce the Page 52 of 238 Item 8.h. City Council Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Short Term Rentals (Vacation Rentals and Homestays); Development Code Amendment 22-002 October 11, 2022 Page 2 proposed Ordinance was continued to September 27, 2022. During the introduction hearing on September 27th, the City Council modified the proposed ordinance to require permit revocation proceedings to be commenced if an STR operator does not remit a minimum amount of TOT every six months equivalent to the average of all active STRs from the previous fiscal year. The modified ordinance was then introduced by unanimous vote of the three City Council Members who participated in the item. Minutes from the October 12, 2021 City Council meeting are included as Attachment 2. Minutes, staff reports and attachments for the March 22, 2022 City Council , August 2, 2022 Planning Commission meeting, September 13, 2022 City Council meeting and September 27, 2022 City Council meeting are included as Attachments 3 through 6. ANALYSIS OF ISSUES: The Ordinance is now ready for adoption. The updated regulations for short term rentals will become effective thirty (30) days after adoption. These updated regulations, including requirements to submit minimum amounts of TOT every six months, will only apply to approvals granted after the Ordinance becomes effective and will not apply to existing permitted rentals. Staff will return to the Council with a status update regarding the number of permitted and unpermitted vacation rentals six (6) months after the Ordinance becomes effective. ALTERNATIVES: 1. Adopt the Ordinance as proposed; 2. Direct staff to make additional changes to the proposed Ordinance and to schedule a hearing to reintroduce the modified Ordinance at a future City Council meeting; or 3. Provide other direction to staff. ADVANTAGES: Adoption of the Ordinance will allow City staff to more easily regulate short term rentals, ensure that rentals are remitting TOT , and address community concerns related to the rentals. DISADVANTAGES: Adoption of the draft Ordinance will render a number of existing approvals legally non - conforming. 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 Page 53 of 238 Item 8.h. City Council Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Short Term Rentals (Vacation Rentals and Homestays); Development Code Amendment 22-002 October 11, 2022 Page 3 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: A summary of the Ordinance was published in The Tribune on October 5, 2022, pursuant to State law. 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. Minutes from the October 12, 2021 City Council meeting 3. Minutes, staff report and attachments from the March 22, 2022 City Council meeting 4. Minutes, staff report and attachments from the August 2, 2022 Planning Commission meeting 5. Minutes, staff report and attachments from the September 13, 2022 City Council Meeting 6. Draft Minutes, staff report, and attachments from the September 27, 2022 City Council meeting Page 54 of 238 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 continued the public hearing to September 27, 2022; and WHEREAS, the City Council, at its regularly scheduled public meeting on September 27, 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 55 of 238 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. T he 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 the time of application to generate mailing labels for all property owners within 300 feet. An emergency contact shall be deemed unresponsive if no response is provided to a call for assistance. Three instances of unresponsiveness within a twelve (12) month period shall be grounds to initiate revocation proceedings. Page 56 of 238 ORDINANCE NO. PAGE 3 6. The operator of the vacation rental shall annually, at the time of renewal of the business license, notify the Community Development Department of the name, address and telephone number of the contact person required in subsection 16.52.230.C.5. 7. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the conta ct 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 ninety (90). 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 a minimum amount of TOT to the City at least once every six (6) months, the amount shall be established by resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted TOT the previous fiscal year, otherwise revocation proceedings shall be initiated. 17. The listed emergency contact for a vacation rental shall not be un -responsive to neighborhood complaints three (3) times within a twelve (12) month period, otherwise revocation proceedings shall be initiated. An emergency contact shall be deemed unresponsive if no response is provided to a call for assistance. 18. Revocation proceedings shall be initiated if two (2) citations are issued by a City official or two (2) arrests are made within a twelve (12) month period 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. Page 57 of 238 ORDINANCE NO. PAGE 4 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. 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 a minimum amount of TOT to the City at least once every six (6) months, the amount shall be established by resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all homestays that have remitted TOT the previous fiscal year, otherwise revocation proceedings shall be initiated. 13. Revocation proceedings shall be initiated if two (2) citations are issued by a City official or two (2) arrests are made within a twelve (12) month period due to rental guest behavior. Page 58 of 238 ORDINANCE NO. PAGE 5 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. “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 59 of 238 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 60 of 238 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 2 Page 61 of 238 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 62 of 238 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 Page 63 of 238 Minutes: City Council Page 4 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 Page 64 of 238 Minutes: City Council Page 5 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. Page 65 of 238 Minutes: City Council Page 6 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) Page 66 of 238 Attachment 3 – Staff Report and Minutes from the March 22, 2022 City Council Meeting STR Study Session Staff Report Minutes from the March 22, 2022 City Council Meeting Page 67 of 238 Attachment 4 – Staff Report and Minutes from the August 2, 2022 Planning Commission Meeting August 2nd, 2022 Planning Commission STR Staff Report Minutes from the August 2, 2022 Planning Commission Meeting Page 68 of 238 Attachment 5 – Staff Report and Minutes from the September 13, 2022 City Council Meeting September 13th, 2022 City Council STR Staff Report Minutes from the September 13, 2022 City Council Meeting can be found attached on the following pages. Page 69 of 238 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY September 13, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council/Board Members Present: Mayor/Chair Ray Russom, Mayor Pro Tem/Vice Chair George, Council/Board Member Paulding, Council/Board Member Storton Council/Board Members Absent: Council/Board Member Barneich 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, Chief of Police Michael Martinez, Planning Manager Andrew Perez, Associate Planner Patrick Holub, Contract Building Official Mark Meyers 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/Chair Ray Russom called the Regular City Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency Meeting to order at 6:00 p.m. 2. ROLL CALL City Clerk Matson took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Page 70 of 238 2 Felix Esparza, Latino Outreach Council, led the flag salute. 5. AGENDA REVIEW Mayor/Chair Ray Russom noted that Item 9.b. will be heard before 9.a. and 11.a., and Council Communications will be heard before the Public Hearing items. 5.a Closed Session Announcements None. 5.b Ordinances read in title only Moved by Mayor/Chair Ray Russom Seconded by Council/Board Member Storton AYES (4): Mayor/Chair Ray Russom, Mayor Pro Tem/Vice Chair George, Council/Board Member Paulding, and Council/Board Member Storton ABSENT (1): Council/Board Member Barneich Passed (4 to 0) 6. SPECIAL PRESENTATIONS 6.a Update Regarding Countywide COVID-19 Efforts City Manager McDonald provided a brief update on COVID-19 including available booster vaccines and testing sites. Mayor/Chair 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 City's summer concert series, the Elm Street Inclusive Playground groundbreaking event; and the first Joint City Council meeting regarding the Central Coast Blue Project. Assistant City Manager/Public Works Director Robeson provided information regarding awards received for the Bridge Street Bridge Rehabilitation Project. Mayor/Chair Ray Russom invited public comment. No public comments were received. No action was taken on this item. 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" Mayor/Chair Ray Russom read the Honorary Proclamation recognizing September 15 - October 15, 2022 as "National Hispanic Heritage Month". Felix Esparza, Latino Outreach Council, Page 71 of 238 3 accepted the proclamation. The Latino Outreach Council and Mexican Consulate presented a Certificate of Recognition to the Council for highlighting the contributions made by the Latino and Mexican community in the city of Arroyo Grande and enhancing and connecting the diverse and multi-racial and multi-cultural mosaic of cultures during Hispanic Heritage Month. Mayor/Chair Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.d Introduction of Police Commander Culver Police Chief Martinez introduced Police Commander Culver, and highlighted his educational and professional background. 6.e Update on Active Shooter Drill Police Commander Culver provided information regarding the recent multi-jurisdictional Active Shooter Drill and responded to questions from Council. Mayor/Chair Ray Russom invited public comment. Speaking from the public was Ben Franco and Rachelle Krelle. No further public comments were received. No Action was taken on this item. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor/Chair Ray Russom invited public comment. Speaking from the public was Jeff Edwards. No further public comments were received. 8. CONSENT AGENDA Mayor/Chair Ray Russom asked the Council/Board if there were any questions or any items to be pulled from the consent agenda for further discussion. Staff responded to Council questions regarding Item 8.j. Mayor/Chair Ray Russom invited public comment. No public comments were received. Moved by Council/Board Member Storton Seconded by Council/Board Member Paulding Approve Consent Agenda Items 8.a. through 8.m., with the recommended courses of action. AYES (4): Mayor/Chair Ray Russom, Mayor Pro Tem/Vice Chair George, Council/Board Member Paulding, and Council/Board Member Storton ABSENT (1): Council/Board Member Barneich Passed (4 to 0) 8.a Consideration of Cash Disbursement Ratification Ratified the listing of cash disbursements for the period of August 1 through August 15, 2022. 8.b Consideration of Statement of Investment Deposits Page 72 of 238 4 Received and filed 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 Adopted a Resolution entitled: "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". 8.d Consideration of Approval of Minutes Approved 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 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.f Consideration of Cancellation of November 8, 2022 City Council Meeting Cancelled 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 Authorized the City Attorney to amend the Agreement allowing the property owner to sell the subject property to an eligible, moderate income household. 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 1) Adopted a Resolution entitled: "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"; 2) Approved 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) Approved 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 Page 73 of 238 5 1) Adopted a Resolution entitled: "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"; and 2) Approved 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 1) Adopted a Resolution entitled: "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"; and 2) Authorized 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 1) Accepted 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) Directed staff to file a Notice of Completion; and 3) Authorized release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 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 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE REFUND OF APPEAL FEES FOR THE APPEALS OF THE SHORT-TERM RENTALS AT 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 Reviewed 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 Mayor/Chair Ray Russom noted that due to a conflict of interest, Council drew straws to see who would hear each item. 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 Mayor Ray Russom called for a brief break at 8:54 p.m. The Council reconvened at 9:04 p.m. Page 74 of 238 6 This item was heard after Item 9.b. Mayor Ray Russom declared a conflict of interest due to owning an ADU and left the meeting. Mayor Pro Tem George returned and presided over the meeting. Planning Manager Perez presented the staff report and recommended that Council introduce the Ordinance amending the regulations for accessory dwelling units and provide feedback about the details of the proposed fee waiver program. Staff responded to questions. Mayor Pro Tem George opened the public hearing. Speaking from the public was Ben Franco. Upon hearing no further public comments, Mayor Pro Tem George closed the public hearing and directed staff to follow-up with the commenter. Moved by Mayor Pro Tem/Vice Chair George Seconded by Council/Board Member Paulding Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (AGMC) REGARDING ACCESSORY DWELLING UNITS; LOCATION- CITYWIDE". City Attorney Carmel read the full title of the Ordinance into the record. AYES (3): Mayor Pro Tem/Vice Chair George, Council/Board Member Paulding, and Council/Board Member Storton ABSENT (2): Mayor/Chair Ray Russom, and Council/Board Member Barneich Passed (3 to 0) 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 This item was heard out of order. Mayor Pro Tem George declared a conflict of interest due to owning a short-term rental and left the meeting. Community Development Director Pedrotti introduced the item. Associate Planner Holub presented the item and recommended that the Council introduce an Ordinance amending Title 16 of the AGMC regarding short-term rentals and responded to questions. Mayor Ray Russom opened the public hearing. Speaking from the public were John Hagler, Sharon Valienzi, Ben Franco, Jim Guthrie, Jami Fordyce, Corina Garsa, Francine Errico, Ken Steitz. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Mayor Ray Russom responded to questions from the public. City Attorney Carmel provided clarification regarding references to properties being "grandfathered in." Staff responded to questions from Council. Moved by Mayor/Chair Ray Russom Seconded by Council/Board Member Paulding Page 75 of 238 7 To modify the Ordinance as follows: a cap of 90 vacation rentals with a 6-month lookback; a short-term rental buffer of 500 feet as recommended by the Planning Commission; language for revocation triggers; "unresponsive emergency contact" defined as a contact who does not answer 3 times in a 12-month rolling period and would initiate a revocation hearing; language that 2 citations or arrests in a 12-month rolling period would initiate a revocation hearing; language in outreach letters regarding voluntary relinquishment of permits for existing permit holders; language that TOT is be paid every 6 months; modify language the state the 2-space parking requirement only applies to short-term rentals; the wording "revocation proceeding" be changed to "revocation hearing;" definitions are approved as presented by staff; and to continue the introduction of an Ordinance amending Title 16 of the AGMC regarding short term rentals to a date certain of September 27, 2022. AYES (3): Mayor/Chair Ray Russom, Council/Board Member Paulding, and Council/Board Member Storton ABSENT (2): Mayor Pro Tem/Vice Chair George, and Council/Board Member Barneich Passed (3 to 0) 10. OLD BUSINESS None. 11. NEW BUSINESS 11.a Discussion of Draft Ordinance Addressing Tiny Homes on Wheels This item was heard after item 9.a. Mayor Ray Russom previously declared a conflict of interest due to owning an ADU and left the meeting. Planning Manager Perez presented the report and staff responded to questions from Council. Mayor Pro Tem George invited public comment. Speaking from the public was Joe Pollon. No further public comments were received. Contract Building Official Meyers provided more information regarding tiny home accreditation organizations permitted. Mayor Pro Tem George directed staff to research accreditation options. Moved by Council/Board Member Paulding Seconded by Council/Board Member Storton Approve staff's recommendation with the modification to add language to paragraph B3 to state "in addition to the RVIA any other HCD approved association", and to ban roof top decks. AYES (3): Mayor Pro Tem/Vice Chair George, Council/Board Member Paulding, and Council/Board Member Storton ABSENT (2): Mayor/Chair Ray Russom, and Council/Board Member Barneich Passed (3 to 0) 12. COUNCIL COMMUNICATIONS Page 76 of 238 8 This item was heard out of order. Mayor/Chair Ray Russom stated that she will be unable to attend the Mayor's meeting and asked if any other Council Member would be available to attend. Council members Storton, Paulding and George stated they would not be able to attend. 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Pro Tem George adjourned the meeting at 9:47 p.m. _________________________ Caren Ray Russom, Mayor/Chair _________________________ Jessica Matson, City Clerk/Secretary Page 77 of 238 Attachment 6 – Staff Report and Minutes from the September 27, 2022 City Council Meeting September 27th, 2022 City Council STR Staff Report Minutes from the September 27, 2022 City Council Meeting can be found attached on the following pages. Page 78 of 238 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL September 27, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, Council Member Storton Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Administrative Services Director Nicole Valentine Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________ 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 P.M. 2. ROLL CALL City Clerk Matson took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW 5.a Closed Session Announcements None. 5.b Ordinances read in title only Moved by Mayor Ray Russom Seconded by Council Member Barneich Page 79 of 238 2 AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton 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 which included information on the new data dashboard the County is using for reporting COVID-19 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 thanked everyone involved in their efforts in making the Harvest Festival a success; provided an update on the progress on the Elm Street playground project; announced that the new County animal shelter is now open; and provided information regarding the 5Cities Homeless Coalition cabin project in Grover Beach. Assistant City Manager/Public Works Director Robeson informed the public of a planned street closure on South Mason Street for removal of a tree on October 14, 2022. Mayor Ray Russom invited public comment. Speaking from the public were Krista Bandy, and Peggy Coon. No further public comments were received. No action was taken on this item. 6.c Honorary Proclamation - Native American & Indigenous Peoples Heritage Month 2022 Mayor Ray Russom read the Honorary Proclamation Declaring Native American & Indigenous Peoples Heritage Month 2022. Slo’w Victor Gutierrez, accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.d Honorary Proclamation - Fire Prevention Week 2022 Mayor Ray Russom read the Honorary Proclamation Declaring Fire Prevention Week 2022. Chief Lieberman accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public were Mike Drees, and Jeff Edwards. No further public comments were received. 8. CONSENT AGENDA Page 80 of 238 3 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 pulled Item 8.k. for a separate vote. Council commented on Items 8.i. and 8.l. Mayor Ray Russom invited public comment. Speaking from the public was Krista Bandy. No further public comments were received. Moved by Council Member Storton Seconded by Mayor Ray Russom Approve Consent Agenda Items 8.a. through 8.m., with the exception of item 8.k., with the recommended courses of action. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 0) 8.a Consideration of Cash Disbursement Ratification Ratified the attached listing of cash disbursements for the period of August 16 through August 31, 2022. 8.b 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.c Consideration of Adoption of a Resolution Approving the Amended and Restated Contract Between San Luis Obispo County Flood Control and Water Conservation District and the City of Arroyo Grande for Water Supply from Lopez Reservoir Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE AMENDED AND RESTATED WATER SUPPLY CONTRACT PROJECT FOR ZONE 3 AND APPROVING EXECUTION OF AN AMENDED AND RESTATED WATER SUPPLY CONTRACT WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT". Page 81 of 238 4 8.d Consideration of First Amendment to the Communications Site Lease Agreement (“Lease”) with T-Mobile West, LLC (“T-Mobile”), for the Operation of a Telecommunications Facility Located at Branch Mill Road (Reservoir 4) Approved the First Amendment to the Communications Site Lease Agreement (“Lease”) with T- Mobile West, LLC (“T-Mobile”), successor in interest to Cingular Wireless, for the operation of a telecommunications facility located at Branch Mill Road, commonly known as the Reservoir 4 site. 8.e Approval of Minutes Approved the minutes of the Regular City Council Meeting of September 13, 2022. 8.f Consideration of Conflict of Interest Code Biennial Review and Resolution Amending the City of Arroyo Grande Conflict of Interest Code Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS". 8.g Consideration of an Agreement for Police Fleet Lease and Purchase and Resolution Declaring Vehicles as Surplus 1) Authorized the purchase of (a) thirteen (13) vehicles from Mullahey Ford, (b) vehicle fleet upfitting from Dana Safety Supply, (c) MDC Computers from Code3 Technologies, and (d) dash cameras from Safe Fleet; 2) Authorized a financing agreement for nine (9) Patrol vehicles and upfitting for a total not to exceed the amount of $749,103, through a 4-year municipal lease from Holman Capital Corporation at an APR of 4.57% (4 annual payments of approximately $201,583); 3) Authorized the cash purchase of four (4) vehicles and upfitting not to exceed the amount of $204,395; 4) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL"; and 5) Authorize the City Manager to execute all necessary documents. 8.h Consideration to Award Construction Contract to G. Sosa Construction, Inc. for 2022 Pedestrian Crossing Improvement Project, PW 2021-08, and Authorization of Budget Adjustment for $90,618 from Unexpended FY 2021-22 CIP Budget Funds 1) Awarded a construction contract to G. Sosa Construction, Inc. in the amount of $321,202.75 and authorized the City Manager to approve change orders for up to 10% of the contract amount, $32,120.25, for unanticipated costs during the construction phase of the project (construction contract costs = $321,202.75 + $32,120.25 = $353,323); and 2) Approved a budget adjustment to appropriate $90,618 from unexpended FY 2021-22 Capital Improvement Program budget funds to cover the subject project expenditures. 8.i Monthly Water Supply and Demand Update Received and filed the monthly Water Supply and Demand Report. Page 82 of 238 5 8.j Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 1) Received and filed an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL". 8.l Consideration of Temporary Use Permit 22-011 Authorizing the Temporary Closure of Branch Street for Halloween in the Village on Monday, October 31, 2022; Applicant – Krista Bandy Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 22-011 AUTHORIZING “HALLOWEEN IN THE VILLAGE” ON MONDAY, OCTOBER 31, 2022 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES; APPLIED FOR BY KRISTA BANDY". 8.m Consideration of Adoption of a Resolution Amending the Citywide Combined Salary Schedule to Establish a Pay Schedule for a Temporary Part-Time Acting Capital Improvement Project Manager Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITYWIDE COMBINED SALARY SCHEDULE AND ESTABLISHING A PAY SCHEDULE FOR THE POSITION OF TEMPORARY PART-TIME ACTING CAPITAL IMPROVEMENT PROJECT MANAGER". 8.k Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Accessory Dwelling Units and Adoption of a Resolution Approving an Accessory Dwelling Unit Fee Waiver Program Council Member Barneich declared a conflict of interest and recused herself. Mayor Ray Russom declared a conflict of interest due to owning an ADU. Mayor Pro Tem George presided. Moved by Mayor Pro Tem George Seconded by Council Member Paulding Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (AGMC) REGARDING ACCESSORY DWELLING UNITS; LOCATION- CITYWIDE", and a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING FOR AN ACCESSORY DWELLING UNIT FEE WAIVER PROGRAM". City Attorney Carmel read the full title of the Ordinance. AYES (3): Mayor Pro Tem George, Council Member Paulding, and Council Member Storton ABSENT (2): Mayor Ray Russom, and Council Member Barneich Page 83 of 238 6 Passed (3 to 0) 9. PUBLIC HEARINGS 9.a Discussion and Consideration of 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 Mayor Ray Russom returned to the meeting and presided over the meeting. Council Member Barneich declared a conflict of interest and left the meeting. Mayor Pro Tem George declared a conflict of interest and left the meeting. Mayor Ray Russom noted that due to the conflicts of interest, Council previously drew straws to see who would hear the item. Community Development Director Pedrotti introduced the item, and Associate Planner Holub provided a presentation of the staff report. Staff responded to questions from Council. Mayor Ray Russom opened the public hearing. Speaking from the public were Zazz Daniel, Josephine Moore, Annie Ashbrook, Jim Guthrie, Peggy Coon, and No Name provided. City Clerk Matson read into the record written correspondence received from Joanie Fugitt, Zazz and Dove Daniel, Deborah Cookson, Josephine Moore, Terryl and Jeff Walters. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Council concurred to continue this item until after Item 9.b. to allow staff time to clarify language in the Ordinance. Mayor Ray Russom called for a brief break at 8:13 p.m. The Council reconvened at 8:24 p.m. After the break, Council returned to the item and staff recommended modifying the Ordinance as follows: Amending Performance standards and conditions for vacation rentals #16 to read: "Vacation rentals must remit a minimum amount of TOT to the City at least once every six (6) months. The amount shall be established by a Resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted payment that fiscal year." Amending Performance standards and conditions for Home Stays #12 to read: "Home Stays must remit a minimum amount of TOT to the City at least once every six (6) months. The amount shall be established by a Resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted payment that fiscal year." Moved by Mayor Ray Russom Seconded by Council Member Paulding Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE Page 84 of 238 7 REGARDING VACATION RENTALS AND HOMESTAYS", as modified by staff. City Attorney Carmel read the full title of the Ordinance into the records. AYES (3): Mayor Ray Russom, Council Member Paulding, and Council Member Storton ABSENT (2): Mayor Pro Tem George, and Council Member Barneich Passed (3 to 0) 9.b Discussion and Consideration of Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003; Location – Citywide Associate Planner Holub presented the staff report and recommended that the Council introduce the Ordinance to establish a permanent parklet program. Staff responded to questions. Mayor Ray Russom opened the public hearing. Speaking from the public were Jim Guthrie, Krista Bandy, and Laura Beth. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Council concurred to continue this item until after hearing Item 11.a. to allow staff time to clarify language in the Ordinance. After Item 12, Council returned to the item and staff recommended modifying the Ordinance as follows: Performance Standards and Conditions #8 to include: "any parklet features, furnishings, or vegetation shall maintain an open see through aesthetic in and out of the parklet." Performance Standards and Conditions #17 to include: "parklets shall be kept clean and neat." Performance Standards and Conditions #18 to include: "Steam cleaning shall be completed at least once every six months by the parklet operator. Steam cleaning shall be consistent with Regional Water Quality Control Board regulations regarding illicit discharge." SECTION 3 Definitions changed public amenity to private amenity. Moved by Mayor Ray Russom Seconded by Mayor Pro Tem George Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF A PERMANENT PARKLET PROGRAM", including the modifications made by staff. City Attorney Carmel read the full title of the Ordinance into the records. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 0) Page 85 of 238 8 10. OLD BUSINESS None. 11. NEW BUSINESS 11.a Discussion and Consideration of Approval of a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority and Appointment of a Representative to the Authority Board of Directors City Manager McDonald presented the item and recommended that the Council authorize the Mayor to execute a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority (Authority); and appoint a member of the City Council to the Authority Board of Directors. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Barneich Seconded by Mayor Pro Tem George Authorize the Mayor to execute a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority; and appoint Mayor Ray Russom to the Authority Board of Directors AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 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 12.c COUNCIL MEMBER BARNEICH: 1. Audit Committee Page 86 of 238 9 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 Council Member Barneich thanked staff for the work done for the Harvest Festival. Mayor Pro Tem George asked for a discussion item to come back to council regarding annual steam cleaning of the sidewalks in the Village. Mayor Ray Russom concurred. Assistant City Manager/Public Works Director Robeson clarified that staff had not committed to annual sidewalk steam cleaning. Mayor Ray Russom suggested the discussion be brought up during the next budget discussion. Mayor Pro Tem George concurred. Mayor Pro Tem George announced that the Empty Bowls event will take place on October 1, 2022. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 10:02 p.m. _________________________ Caren Ray Russom, Mayor Page 87 of 238 10 _________________________ Jessica Matson, City Clerk Page 88 of 238 Item 8.i. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Associate Planner SUBJECT: Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003 Location - Citywide DATE: October 11, 2022 SUMMARY OF ACTION: Adopt an Ordinance to establish a permanent parklet program. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Costs to support a permanent parklet program include in-house and/or contractual services for manual street sweeping, barrier adjustments, inspection and maintenance, and general program administration. Currently, there are a total of fourteen existing parking spaces displaced by existing temporary parklets. It is recommended that permanent parklet applicants fully cover the costs of the permanent parklets. These costs are listed under “Analysis of Issues,” and may be offset through permitting fees, rental costs associated with the loss of City property, and rental fees for physical barriers. RECOMMENDATION: Adopt an Ordinance establishing a permanent parklet program. BACKGROUND: On November 23, 2021, the City Council held a study session on the status of the temporary parklet program and discussed the potential for a permanent parklet program. At that meeting Council directed staff to return with the framework of a program that evaluated costs, safety, design standards and a cap on the maximum number of parklets. On April 12, 2022, the City Council conducted an additional study session to consider the permanent parklet program and directed staff to further develop the program with input regarding design from the Architectural Review Committee (ARC). On August 1, 2022, the ARC reviewed proposed objective design standards and made a number of recommendations that were included in the draft Ordinance. On September 6, 202 2, the Page 89 of 238 Item 8.i. City Council Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003 Location - Citywide October 11, 2022 Page 2 Planning Commission reviewed the draft Ordinance and made recommendations regarding elimination of the buffer between parklets and elimination of the maximum cap on the number of parklets allowed within the City. The minutes and staff reports from the November 23, 2021 City Council Study Session, April 12, 2022 City Council meeting, August 1, 2022 Architectural Review Committee meeting, and September 6, 2022 Planning Commission meeting are provided in Attachments 2 through 5. On September 27, 2022, the proposed Ordinance was considered for introduction by the City Council. At that meeting, the City Council was supportive of the Ordinance, made minor changes regarding the definition of a parklet, amended design standards to improve visibility through the parklets and to ensure cleanliness of the parklet by the business owner, and introduced the modified Ordinance. The modifications to the Ordinance made during the September 27, 2022 City Council meeting are depicted in Attachment 6 and the final introduced Ordinance is provided in Attachment 1. ANALYSIS OF ISSUES: The Ordinance is now ready for adoption. The regulations for a permanent parklet program will become effective thirty (30) days after adoption. ALTERNATIVES: 1. Adopt the Ordinance as proposed; 2. Direct staff to make modifications to the Ordinance and return to reintroduce the Ordinance at a future City Council meeting; or 3. Provide other direction to staff. ADVANTAGES: Adoption of the Ordinance will allow for the creation of a permanent parklet program to allow for a variety of outdoor dining options and increased vibrancy and foot traffic in the Village. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has determined that the adoption of an ordinance to implement amendments to the short-term rental regulations is categorically exempt from CEQA pursuant to Section 15305 – Minor Alterations in Land Use Limitations. Page 90 of 238 Item 8.i. City Council Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003 Location - Citywide October 11, 2022 Page 3 PUBLIC NOTIFICATION AND COMMENTS: A summary of the Ordinance was published in The Tribune on October 6, 2022, pursuant to State law. 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. Minutes and staff report from the November 23, 2021 City Council Study Session 3. Minutes and staff report from the April 12, 2022 City Council meeting 4. Minutes and staff report from the August 1, 2022 Architectural Review Committee meeting 5. Minutes and staff report from the September 6, 2022 Planning Commission meeting 6. Draft Minutes and staff report from the September 27, 2022 City Council meeting Page 91 of 238 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 THE ESTABLISHMENT OF A PERMANENT PARKLET PROGRAM WHEREAS, the City of Arroyo Grande (“City”) currently does not allow the placement of permanent parklets within the right of way; and WHEREAS, the purpose of these regulations is to ensure that parklets within the right of way conform to the existing character of the area in which they are located and do not create an adverse impact on adjacent properties; and WHEREAS, the Planning Commission finds that, unless properly regulated, parklets can result in similar adverse impacts to adjacent properties; and WHEREAS, the Planning Commission has considered the proposed Ordinance approving Development Code Amendment 22-003 at a duly noticed public hearing on September 6, 2022; and WHEREAS, it is the purpose of the proposed Ordinance to protect the public health, safety, and welfare of residents within the City by establishing regulations for a permanent parklet program; and 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 16.52.250 is hereby added as follows: SECTION 16.52.250 – PARKLETS A. Purpose and Intent. The purpose and intent of these regulations is to ensure that parklets located in the City conform to the existing character of the area in which they are located and do not create an adverse impact on adjacent properties. B. Application and Approval. 1. Operators of parklets within the right of way are required to obtain a Minor Use Permit – Plot Plan Review pursuant to AGMC 16.16.080, and an Encroachment Permit pursuant to AGMC Section 13.26. 2. Operators of parklets shall pay a parking space rental fee of 5% of the parking in-lieu fee for each space annually. 3. Operators of parklets shall pay a rental fee for City-owned safety barriers. 4. Upon vacation by a parklet operator of the premises adjoining the parklet, the Minor Use Permit – Plot Plan will terminate. Page 92 of 238 RESOLUTION NO. PAGE 2 5. Existing operators of temporary parklets shall have 90 days from the date of ordinance adoption (______) to submit an application for a perman ent parklet and removal of an existing temporary parklet. All temporary parklets shall be removed within six months of the ordinance adoption date of ______. C. Performance Standards and Conditions. Location 1. A parklet shall only be located in designated on-street parking areas. 2. A parklet shall not block sight distance at intersections or driveways. Accordingly, a parklet shall not be located less than twenty-five feet (25’) from a roadway intersection, adjacent driveway, or other points of off-street access which require line of sight standards as required by the City’s Engineering Standards. The final location of a parklet will vary based on the proposed parklet design, and shall be subject to review and approval by the Community Development Director. 3. A parklet shall not be located closer than five (5) parking spaces or ninety (90) feet from any other parklet. 4. Parklets are prohibited in disabled parking zones, parking areas of thirty minutes or less, and no-parking zones. 5. A parklet may not cover or impede access to any utility equipment, utility pole, fire hydrant, parking permit kiosk, or utility access such as manhole covers, drainage inlets, stormwater drainage flow lines and equipment shelters, subject to review by the City Public Works Director and Fire Chief. 6. The parklet shall not extend beyond the building frontage of the business utilizing the parklet without written consent from the adjacent business. Parklet Design 7. Parklets shall consist of no more than two adjoining parking spaces, or forty- feet (40’) in length. When a parklet is shared by two or more businesses, the parklet length may be extended up to eighty (80) feet in length and no more than four adjoining parking spaces. 8. A parklet’s walls or railing shall not have a continuous height that exceeds forty- two inches (42”). Any parklet features, furnishings or vegetation shall maintain a generally open, see-through aesthetic in and out of the parklet. Columns or other vertical framing for overhead elements are permitted. All elements of a parklet shall have a maximum height limit no higher than the first floor of the adjacent building. All parklets shall maintain a vertical walkway clearance height of at least eight feet (8’). 9. The depth (dimension measured perpendicular to curb) of a parklet shall be no less than the minimum dimension required to meet ADA accessibility requirements. Portions of the required parklet depth may be loca ted within an existing sidewalk area as long as the sidewalk encroachment does not reduce the pedestrian path of travel to a width of less than four and a half feet (4.5’) in the public right of way. 10. A parklet shall include an element that ensures public safety by providing a barrier or fortified railing between moving vehicles and parklet users. These Page 93 of 238 RESOLUTION NO. PAGE 3 barriers shall either be well articulated or allow for plants or vegetation for screening. 11. Parklets shall have a flush transition at the sidewalk and curb t o permit easy access and avoid tripping hazards. 12. A parklet shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards. Compliance with ADA standards is required with respect to design elements of the parklet, as well as for adjacent areas that may be impacted by the parklet. Parklets shall use a slip -resistant flooring material to minimize hazards and shall be accessible to wheel-chair users. 13. The four corners of a parklet shall have a reflective element or other clearly visible design feature, such as a soft-hit post, bollard, or raised pavement marker, to illuminate the parklet at night and signify the parklet envelope. 14. Parklets shall be consistent with the Village Design Guidelines 15. The primary materials shall be stone, brick, wood, decorative concrete or composite wood. Wood materials such as lattice and T1-11 plywood siding, are prohibited. 16. Color schemes shall consist of one primary color and one secondary color unless natural wood is used. 17. Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way and all waste receptacles shall be emptied and maintained by the applicant in a neat and sanitary order. Parklets shall be kept clean and neat. 18. Steam cleaning shall be completed at least once every six months by the parklet operator. Steam cleaning shall be consistent with Regional Water Quality Control Board regulations regarding illicit discharge. SECTION 3: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as follows: 16.04.070 Definitions “Parklet” means a small seating area created as a private amenity in a former roadside parking space utilized by a food service business for outdoor dining. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 5: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR § 15062. Page 94 of 238 RESOLUTION NO. PAGE 4 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: 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 6th day of September 2022. Page 95 of 238 RESOLUTION NO. PAGE 5 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ WHITNEY McDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Page 96 of 238 Attachment 2 – Staff Report and Minutes from the November 23, 2021 City Council study session. Parklets Study Session Staff Report Minutes from the November 23, 2021 City Council Meeting Page 97 of 238 Attachment 3 – Staff Report and Minutes from the April 12, 2022 City Council meeting. April 12, 2022 City Council Staff Report Minutes from the April 12, 2022 City Council Meeting Page 98 of 238 Attachment 4 – Staff Report and Minutes from the August 1, 2022 Architectural Review Committee meeting. August 1, 2022 Architectural Review Committee staff report Minutes from the August 1, 2022 Architectural Review Committee meeting Page 99 of 238 Attachment 5 – Staff Report and Minutes from the September 6, 2022 Planning Commission meeting. September 6, 2022 Planning Commission staff report Minutes from the September 6, 2022 Planning Commission meeting Page 100 of 238 Attachment 6 – Staff Report and Minutes from the September 27, 2022 City Council meeting. September 27, 2022 City Council staff report Draft Minutes from the September 27, 2022 City Council meeting can be found on the following pages. Page 101 of 238 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL September 27, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, Council Member Storton Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Administrative Services Director Nicole Valentine, Community Development Director Brian Pedrotti, Associate Planner Patrick Holub, Police Chief Michael Martinez Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________ 1. CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 P.M. 2. ROLL CALL City Clerk Matson took roll call. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW 5.a Closed Session Announcements None. Page 102 of 238 2 5.b Ordinances read in title only Moved by Mayor Ray Russom Seconded by Council Member Barneich AYES (5): Mayor Ray Russom, Council Member Barneich, Council Member Paulding, 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 which included information on the new data dashboard the County is using for reporting COVID-19 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 thanked everyone involved in their efforts in making the Harvest Festival a success; provided an update on the progress of the Elm Street playground project; announced that the new County animal shelter is now open; and provided information regarding the 5Cities Homeless Coalition cabin project in Grover Beach. Assistant City Manager/Public Works Director Robeson informed the public of a planned street closure on South Mason Street for removal of a tree on October 14, 2022. Mayor Ray Russom invited public comment. Speaking from the public were Krista Bandy and Peggy Coon. No further public comments were received. Director Robeson responded to questions from the public. No action was taken on this item. 6.c Honorary Proclamation - Native American & Indigenous Peoples Heritage Month 2022 Mayor Ray Russom read the Honorary Proclamation declaring October 2022 Native American & Indigenous Peoples Heritage Month. Slo’w Victor Gutierrez accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.d Honorary Proclamation - Fire Prevention Week 2022 Mayor Ray Russom read the Honorary Proclamation declaring October 9 - 15, 2022 Fire Prevention Week. Five Cities Fire Chief Lieberman accepted the proclamation and commented that Five Cities Fire Authority will be hosting an Open House at Station 1 in Arroyo Grande on Saturday, October 8th. Mayor Ray Russom invited public comment. No public comments were received. Page 103 of 238 3 No action was taken on this item. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public were Mike Drees and Jeff Edwards. No further public comments were received. Assistant City Manager/Public Works Director Robeson responded to questions from the public. 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 pulled Item 8.k. for a separate vote. Council commented on Items 8.i. and 8.l. Mayor Ray Russom invited public comment. Speaking from the public was Krista Bandy. No further public comments were received. Moved by Council Member Storton Seconded by Mayor Ray Russom Approve Consent Agenda Items 8.a. through 8.m., with the exception of item 8.k., with the recommended courses of action. AYES (5): Council Member Storton, Mayor Ray Russom, Council Member Paulding, Council Member Barneich, and Mayor Pro Tem George Passed (5 to 0) 8.a Consideration of Cash Disbursement Ratification Ratified the attached listing of cash disbursements for the period of August 16 through August 31, 2022. 8.b 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.c Consideration of Adoption of a Resolution Approving the Amended and Restated Contract Between San Luis Obispo County Flood Control and Water Conservation District and the City of Arroyo Grande for Water Supply from Lopez Reservoir Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT TO THE Page 104 of 238 4 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE AMENDED AND RESTATED WATER SUPPLY CONTRACT PROJECT FOR ZONE 3 AND APPROVING EXECUTION OF AN AMENDED AND RESTATED WATER SUPPLY CONTRACT WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT". 8.d Consideration of First Amendment to the Communications Site Lease Agreement (“Lease”) with T-Mobile West, LLC (“T-Mobile”), for the Operation of a Telecommunications Facility Located at Branch Mill Road (Reservoir 4) Approved the First Amendment to the Communications Site Lease Agreement (“Lease”) with T- Mobile West, LLC (“T-Mobile”), successor in interest to Cingular Wireless, for the operation of a telecommunications facility located at Branch Mill Road, commonly known as the Reservoir 4 site. 8.e Approval of Minutes Approved the minutes of the Regular City Council Meeting of September 13, 2022. 8.f Consideration of Conflict of Interest Code Biennial Review and Resolution Amending the City of Arroyo Grande Conflict of Interest Code Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDED CONFLICT OF INTEREST CODE FOR DESIGNATED POSITIONS". 8.g Consideration of an Agreement for Police Fleet Lease and Purchase and Resolution Declaring Vehicles as Surplus 1) Authorized the purchase of (a) thirteen (13) vehicles from Mullahey Ford, (b) vehicle fleet upfitting from Dana Safety Supply, (c) MDC Computers from Code3 Technologies, and (d) dash cameras from Safe Fleet; 2) Authorized a financing agreement for nine (9) Patrol vehicles and upfitting for a total not to exceed the amount of $749,103, through a 4-year municipal lease from Holman Capital Corporation at an APR of 4.57% (4 annual payments of approximately $201,583); 3) Authorized the cash purchase of four (4) vehicles and upfitting not to exceed the amount of $204,395; 4) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL"; and 5) Authorized the City Manager to execute all necessary documents. 8.h Consideration to Award Construction Contract to G. Sosa Construction, Inc. for 2022 Pedestrian Crossing Improvement Project, PW 2021-08, and Authorization of Budget Adjustment for $90,618 from Unexpended FY 2021-22 CIP Budget Funds 1) Awarded a construction contract to G. Sosa Construction, Inc. in the amount of $321,202.75 and authorized the City Manager to approve change orders for up to 10% of the contract amount, $32,120.25, for unanticipated costs during the construction phase of the project (construction contract costs = $321,202.75 + $32,120.25 = $353,323); and 2) Approved a budget adjustment to appropriate $90,618 from unexpended FY 2021-22 Capital Improvement Program budget funds to cover the subject project expenditures. Page 105 of 238 5 8.i Monthly Water Supply and Demand Update Received and filed the monthly Water Supply and Demand Report. 8.j Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 1) Received and filed an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOURTEEN VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL". 8.l Consideration of Temporary Use Permit 22-011 Authorizing the Temporary Closure of Branch Street for Halloween in the Village on Monday, October 31, 2022; Applicant – Krista Bandy Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 22-011 AUTHORIZING “HALLOWEEN IN THE VILLAGE” ON MONDAY, OCTOBER 31, 2022 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES; APPLIED FOR BY KRISTA BANDY". 8.m Consideration of Adoption of a Resolution Amending the Citywide Combined Salary Schedule to Establish a Pay Schedule for a Temporary Part-Time Acting Capital Improvement Project Manager Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITYWIDE COMBINED SALARY SCHEDULE AND ESTABLISHING A PAY SCHEDULE FOR THE POSITION OF TEMPORARY PART-TIME ACTING CAPITAL IMPROVEMENT PROJECT MANAGER". 8.k Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Accessory Dwelling Units and Adoption of a Resolution Approving an Accessory Dwelling Unit Fee Waiver Program Council Member Barneich declared a conflict of interest and recused herself. Mayor Ray Russom declared a conflict of interest due to owning an ADU. Mayor Pro Tem George presided. Moved by Mayor Pro Tem George Seconded by Council Member Paulding Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (AGMC) REGARDING ACCESSORY DWELLING UNITS; LOCATION- CITYWIDE", and a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING FOR AN ACCESSORY DWELLING UNIT FEE WAIVER PROGRAM". City Attorney Carmel read the full title of the Ordinance. Page 106 of 238 6 AYES (3): Mayor Pro Tem George, Council Member Paulding, and Council Member Storton ABSENT (2): Mayor Ray Russom, and Council Member Barneich Passed (3 to 0) 9. PUBLIC HEARINGS 9.a Discussion and Consideration of 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 Mayor Ray Russom returned to the meeting and presided. Council Member Barneich declared a conflict of interest and left the meeting. Mayor Pro Tem George declared a conflict of interest and left the meeting. Mayor Ray Russom noted that due to the conflicts of interest, Council previously drew straws to see who would hear the item. Community Development Director Pedrotti introduced the item, and Associate Planner Holub provided a presentation of the staff report. Staff responded to questions from Council. City Attorney Carmel clarified what language was legally necessary in the Ordinance. Mayor Ray Russom opened the public hearing. Speaking from the public were Zazz Daniel, Josephine Moore, Annie Ashbrook, Jim Guthrie, Peggy Coon, and No Name provided. City Clerk Matson read into the record written correspondence received from Joanie Fugitt, Zazz and Dove Daniel, Deborah Cookson and Josephine Moore, Terryl and Jeff Walters. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Director Pedrotti and Associate Planner Holub responded to questions from the public. City Attorney Carmel provided clarification regarding the revocations and public hearing process. Council discussion ensued regarding metrics for the payment of Transient Occupancy Tax (TOT) as it relates to a possible revocation hearing; the permitting cap; and requiring an affidavit regarding responsiveness. Mayor Ray Russom suggested continuing the Item until after Item 9.b. to allow staff time to clarify language in the Ordinance. Council concurred. Mayor Ray Russom called for a brief break at 8:13 p.m. The Council reconvened at 8:24 p.m. Council returned to the item and staff recommended modifying the Ordinance as follows: Amending Performance standards and conditions for vacation rentals #16 to read: "Vacation rentals must remit a minimum amount of TOT to the City at least once every six (6) months. The amount shall be established by a Resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted payment that fiscal year." Page 107 of 238 7 Amending Performance standards and conditions for Home Stays #12 to read: "Home Stays must remit a minimum amount of TOT to the City at least once every six (6) months. The amount shall be established by a Resolution of the City Council and shall be equivalent to half of the average annual TOT remitted by all vacation rentals that have remitted payment that fiscal year." Moved by Mayor Ray Russom Seconded by Council Member Paulding Introduce an Ordinance entitled: "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", as modified by staff. City Attorney Carmel read the full title of the Ordinance into the record. AYES (3): Mayor Ray Russom, Council Member Paulding, and Council Member Storton ABSENT (2): Mayor Pro Tem George, and Council Member Barneich Passed (3 to 0) 9.b Discussion and Consideration of Introduction of Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding a Permanent Parklet Program; Development Code Amendment 22-003; Location – Citywide Associate Planner Holub presented the staff report and recommended that the Council introduce the Ordinance to establish a permanent parklet program. Staff responded to questions. Mayor Ray Russom opened the public hearing. Speaking from the public were Jim Guthrie, Krista Bandy, and Laura Beth Amy. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing. Council discussion ensued regarding a steam cleaning requirement every 6 months; the definition of a parklet; and massing. Mayor Ray Russom suggested continuing the item until after Item 11.a. to allow staff time to clarify language in the Ordinance. Council concurred. After hearing Item 12, Council returned to the item and staff recommended modifying the Ordinance as follows: Performance Standards and Conditions #8 to include: "any parklet features, furnishings, or vegetation shall maintain an open see through aesthetic in and out of the parklet." Performance Standards and Conditions #17 to include: "parklets shall be kept clean and neat." Performance Standards and Conditions #18 to include: "Steam cleaning shall be completed at least once every six months by the parklet operator. Steam cleaning shall be consistent with Regional Water Quality Control Board regulations regarding illicit discharge." SECTION 3 Definitions: changed public amenity to private amenity. Page 108 of 238 8 Moved by Mayor Ray Russom Seconded by Mayor Pro Tem George Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF A PERMANENT PARKLET PROGRAM", including the modifications made by staff. City Attorney Carmel read the full title of the Ordinance into the record. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 0) 10. OLD BUSINESS None. 11. NEW BUSINESS 11.a Discussion and Consideration of Approval of a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority and Appointment of a Representative to the Authority Board of Directors City Manager McDonald presented the item and recommended that the Council authorize the Mayor to execute a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority (Authority); and appoint a member of the City Council to the Authority Board of Directors. City Manager McDonald responded to questions from Council. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Barneich Seconded by Mayor Pro Tem George Authorize the Mayor to execute a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority; and appoint Mayor Ray Russom to the Authority Board of Directors. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 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) Page 109 of 238 9 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 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 Council Member Barneich thanked staff for the work done for the Harvest Festival. Mayor Pro Tem George requested a discussion item at a future Council meeting regarding annual steam cleaning of the sidewalks in the Village. Mayor Ray Russom concurred. Assistant City Manager/Public Works Director Robeson clarified that staff did not commit to annual sidewalk steam cleaning during a recent Village Businesses Roundtable. Mayor Ray Russom suggested the discussion be brought up during the next budget discussion. Mayor Pro Tem George concurred. Page 110 of 238 10 Mayor Pro Tem George announced that the next Empty Bowls event for 5 Cities Homeless Coalition will take place on October 1, 2022. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 10:02 p.m. _________________________ Caren Ray Russom, Mayor _________________________ Jessica Matson, City Clerk Page 111 of 238 Item 8.j. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Andrew Perez, Planning Manager SUBJECT: Consideration of Temporary Use Permit 22-010 Authorizing the Use of Heritage Square Park for the 2022 Arroyo Grande Beer and Wine Festival; Location – Heritage Square Park; Applicant – Arroyo Grande Village Association DATE: October 11, 2022 SUMMARY OF ACTION: Approval of the permit will allow a beer and wine festival to occur at Heritage Square Park on November 5, 2022. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no direct funding impact anticipated as a result of this event. The project is conditioned to require the applicant to provide adequate restroom and trash facilities for the event and any City expenses will be reimbursed. These expenses are antici pated to be minimal, if any. RECOMMENDATION: Adopt a Resolution approving Temporary Use Permit 22-010. BACKGROUND: The applicant, the Arroyo Grande Village Association, submitted an application for a Temporary Use Permit to utilize Heritage Square Park for a beer and wine festival to be held on November 5, 2022, called the Arroyo Grande Beer and Wine Festival (Attachment 2). A portion of the proceeds will be used to pay for Santa in the Village during December. The proposed event will bring a significant number of participants to Heritage Square Park in the Village. The proposal for such a large event on City property and the request to reserve street parking adjacent to the event site necessitates approval of the Temporary Use Permit. Additionally, service and consumption of alcohol at Heritage Square Park is only allowed by City Council Resolution and subject to issuance of a public safety and welfare permit by the Chief of Police. The purpose of the Temporary Use Permit is to ensure the event is conducted in a manner that is compatible with the surrounding area Page 112 of 238 Item 8.j. City Council Consideration of Temporary Use Permit 22-010 Authorizing the Use of Heritage Square Park for the 2022 Arroyo Grande Beer and Wine Festival; Location – Heritage Square Park; Applicant – Arroyo Grande Village Association September 27, 2022 Page 2 and results in a successful event for the applicant, the attendees, the neighbors , and the City. This event is replacing the “Beer Feast,” which was a similar event held at Heritage Square Park from 2016-2019. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project on September 15, 2022. Members of the SAC discussed several aspects of the project and concluded that there would be no foreseeable issues with parking, neighbors, or security. The SAC was in support of the project, subject to the conditions of approval included in the prepared Resolution. ANALYSIS OF ISSUES: The applicant proposes to utilize Heritage Square Park between the hours of 9:00 am and 8:00 pm, with the event occurring between the hours of 12:00 pm and 4:00 pm. The hours outside of the event will be used for setup and tear down of the event. The applicant indicates this event will include approximately thirty (30) breweries, fifteen (15) wineries, two food vendors, and live music. The number of tickets available for the event will be limited to 600. As required by the Department of Alcohol and Beverage Control, waist- high fencing will be utilized at the back of the adjacent sidewalks to close the event, and only persons 21 years of age and older will be admitted. Live music is proposed at the Rotary Bandstand during the event. The applicant will provide security as approved by the City of Arroyo Grande Police Department and p rovide Swinging Bridge security as needed. Parking The applicant is not requesting reservation of parking within City owned parking lots as is typically requested for other events in the Village area. However, the applicant is requesting the reservation of street parking directly adjacent to the park for loading and unloading of equipment, beverages for breweries and wineries, and pickup and drop-off of attendees by designated drivers, rideshare services, or other accommodations. Attendee Identification The event is proposed to be open only to those individuals who purchase tickets. Presale tickets will be sold, with any additional tickets being available for purchase at the event. Attendees paying to participate in tasting beer and wine will be given wristbands identifying their allowed participation. Designated drivers will be able to attend the event to eat food, but will be given a different wristband to identify them as drivers, and will not be provided the tasting glass. Individuals under 21 years of age and those who do not have wristbands will not be permitted into the event area. Private security personnel required for the event will immediately remove individuals found in the event without proper wristbands. Page 113 of 238 Item 8.j. City Council Consideration of Temporary Use Permit 22-010 Authorizing the Use of Heritage Square Park for the 2022 Arroyo Grande Beer and Wine Festival; Location – Heritage Square Park; Applicant – Arroyo Grande Village Association September 27, 2022 Page 3 Restrooms The applicant is required to provide adequate restrooms in addition to the restrooms located in Heritage Square Park. Similar events at the Park have provided additional portable restrooms on Short Street adjacent to the venue. The event map identifies three (3) restrooms outside of the fencing to satisfy this condition. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the attached Resolution approving Temporary Use Permit 22-010; 2. Modify and adopt the attached Resolution approving Temporar y Use Permit 22- 010; 3. Do not adopt the Resolution; or 4. Provide direction to staff. ADVANTAGES: This event will provide an opportunity for local breweries and wineries to showcase their products and will draw additional interest to the City, spurring the local economy. Additionally, the applicant will use the proceeds to pay for events related to Christmas in the Village. DISADVANTAGES: The event will bring a large number of people to an event where alcohol will be consumed. This can cause noise issues with the nearby residences and impaired motor vehicle operation is a possibility. Conditions of approval requiring resident notification and the applicant providing incentives for designated drivers to attend the event aim to mi nimize the potential negative impacts and ensure a successful event. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA), it has been determined that this project is Categorically Exempt per Section 15304(e) of the C EQA Guidelines regarding minor temporary use of land. 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. Applicant Letter 3. 2022 Event map Page 114 of 238 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 22-010 AND WAIVER OF APPLICATION FEES; AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND WINE FESTIVAL ON NOVEMBER 5, 2022; LOCATED AT HERITAGE SQUARE PARK; APPLIED FOR BY THE ARROYO GRANDE VILLAGE ASSOCIATION WHEREAS, the organizers of the Arroyo Grande Beer and Wine Festival have applied for the temporary use of Heritage Square Park for a beer and wine festival; and WHEREAS, the purpose of the Temporary Use Permit is to ensure the event is conducted in a manner that is compatible with the surrounding area; and WHEREAS, the applicant will be responsible for costs associated with security, cleanup, and payment of all related fees and costs for use of City property and City employee time related to the event; and WHEREAS, the City Council finds, after due study and deliberation that the following circumstances exist: Temporary Use Permit Findings: 1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or constitute a menace because the site will be contained via fencing, security will be provided, the attendees will be identified with wristbands, and restrooms will be provided to prevent disruptions to the public health, safety, or general welfare. 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. The proposed site is adequate in size and shape to accommodate the temporary use without detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site because the event will be contained by fences and the applicant will provide security, Page 115 of 238 RESOLUTION NO. PAGE 2 the proposed site functions as a permanent park, and is accustomed to a higher flow of visitors on the site. 3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. The proposed site is adequately served by South Mason and Nelson Streets, which are of significant width and improvements to accommodate the kind and quantity of traffic that the temporary use will generate. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on- site or at alternate locations acceptable to the City Council. Adequate temporary parking to accommodate vehicular traffic to be generated is available because Heritage Square Park is located in a commercial district that has ample public parking for visitors. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 22-010, authorizing the use of City property as presented to the City Council on October 11, 2022, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion of , seconded by , and on the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this 11th day of October, 2022. Page 116 of 238 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 117 of 238 RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 22-010 This approval authorizes the use of Heritage Square Park and on street parking on the north side of Nelson Street, and east side of Short Street adjacent to the park for a beer and wine festival from 12:00 pm to 4:00 pm on Saturday, November 5, 2022. General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department office. 3. The applicant shall comply with all the conditions of the City Council Resolution adopted on October 11, 2022. 4. The applicant shall agree to defend, indemnify and hold harmless the City, its agents, officers, and employees harmless, at its sole expense from any action brought against the City, its agents, officers, or employees because of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney’s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of their obligations under this condition. Public Works Department Conditions 5. The applicant is responsible for providing dumpster, trash bags and enough restroom facilities to serve the event. Any supplies the Public Works Department may need to provide must be reimbursed by the applicant. 6. The applicant shall have an individual designated to periodically inspect the restrooms and areas around food vendors and waste containers. That individual shall be responsible for maintaining the cleanliness of these areas and gathering and disposing of all debris. 7. The applicant shall reimburse the City for electrical costs associated with the event. 8. The applicant shall reimburse the City for the costs of any Public Works staff services required for this event, including, but not limited to, restroom maintenance, trash, etc. 9. The applicant shall remove any tape placed on streets, parking areas, and grass after the event. 10. No stakes or signage shall be driven into the turf and lawn areas to prevent damage to the irrigation system. The applicant shall reimburse the City for any damage to the irrigation system at the park. Page 118 of 238 RESOLUTION NO. PAGE 5 Engineering Division Conditions 11. The applicant shall provide restroom facilities, fencing, and signage as required. 12. The applicant shall provide a $1,000,000 comprehensive general liability insurance policy naming the City as additional insured by October 24, 2022. 13. The applicant shall reimburse the City for the costs of Engineering Division services and any other City services required for this event. Building and Life Safety Division Conditions 14. The project shall comply with the most recent edition of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. Specifically, all temporary-wiring provisions of the N.E.C. must be met. 15. Emergency access must be maintained to the satisfaction of the Building Official and Fire Chief. A detailed chart or map will be provided to Building and Life Safety Division and Fire Department for approval prior to the event, showing placement of all booths, to include actual dimensions of access pathways for fire apparatus and emergency vehicles. 16. The use of generators must be reviewed and approved by the Building Official. 17. The applicant shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. Police Department Conditions 18. All temporary "No Parking" signs shall be posted by the applicant a minimum of 48 hours prior to the event, stating the dates and times of restriction. 19. Private security personnel will be provided by the applicant, to the satisfaction of the Chief of Police. 20. Failure to provide private licensed security will result in AGPD Officers being assigned with expenses billed to the applicant. Special Conditions 21. The applicant shall mail or hand deliver notification of the event to all properties between Bridge Street and Whitely Street from Branch Street to Allen Street , one week before the event. Page 119 of 238 September 22, 2022 Andrew Perez City of Arroyo Grande 300 East Branch Street Arroyo Grande, Ca 93420 Dear Andrew, I am submitting the items below for departmental review. Arroyo Grande Beer & Wine Festival - Saturday, November 5, 2022 We request the use of the lawns and bandstand at Heritage Square Park from 9:00a.m. -8:00p.m. on Saturday, November 5. The event hours will be from 12:00p.m.-4:00p.m. A portion of the net proceeds of this event will go towards Santa in the Village and Christmas in the Village. The Arroyo Grande Village Association (AGVA) will provide the necessary insurance policy to the city at least 2 weeks prior to the event. We will also obtain the necessary “Daily License Application/ Authorization” from the Sate of California Department of Alcohol Beverage Control. AGVA will compensate the City for any extra expenses incurred as agreed upon. We will abide by all rules and regulations that will be discussed and agreed upon. AGVA will provide and place all barricades and signs as necessary. The ABC requires that the Heritage Square area be fenced off with waist high fencing. This will be done by AGVA. Entry areas will be monitored and only persons over 21 years old will be granted admission. AGVA will provide security as approved by the City of Arroyo Grande Police Department. AGVA will provide Swinging Bridge security as needed. This is a community event which will be limited to 30 breweries and 15 wineries, plus 2 food vendors. Attendance will be limited to 600 attendees. AGVA will provide music at the Rotary Bandstand for the event. Tickets for the event are $60 for general admission and $15 for designated drivers. There will be two different colored wristbands to differentiate between designated drivers and general admission tickets. Thank you for your consideration, Sincerely, Krista Bandy, Mindy Calmenson, Laura Beth Amy Arroyo Grande Village Association ARROYO GRANDE VILLAGE ASSOCIATION ATTACHMENT 2 Page 120 of 238 ATTACHMENT 3 Page 121 of 238 Item 8.k. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Robin Dickerson, PE, City Engineer SUBJECT: Consideration of Approval of an Amendment to the Contract for Consultant Services with Quincy Engineering for the Traffic Way Bridge Project DATE: October 11, 2022 SUMMARY OF ACTION: Approval of the Amendment to the Contract for Consultant Services will extend the term of the contract by two years to allow Quincy Engineering to complete the Traffic Way Bridge Plans. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The City is receiving Highway Bridge Program (HBP) federal funding which requires the City to provide an 11.47% match. The total project cost is estimated at $12,890,360 as shown in the table below by funding sources. The proposed amendment does not require any additional financial resources than those already allocated to the project. The agreement with Quincy Engineering was originally approved for a total contract cost of $1,237,398, which includes HPB Funds at 88.53%, ($1,095,468) and Local Sales Tax Funds at 11.47% ($141,930). The proposed contract amendment is restricted to a contract time extension. RECOMMENDATION: Approve and authorize the Mayor to execute Amendment 2 to the Contract for Consultant Services with Quincy Engineering Inc. HPB (88.53%)601,146 556,880 - 635,645 9,635,251 11,411,835 Sales Tax (11.47%)77,885 72,150 - 82,355 1,248,349 1,478,525 Total 679,031 629,030 - 718,000 10,883,600 12,890,360 Source Prior Year Funding FY 2021-22 Carryover FY 2022-23 FY 2023-24 FY 2024-25 Total Project Costs Page 122 of 238 Item 8.k. City Council Consideration of Approval of an Amendment to the Contract for Consultant Services with Quincy Engineering for the Traffic Way Bridge Project October 11, 2022 Page 2 BACKGROUND: The Traffic Way Bridge spans Arroyo Grande Creek allowing Traffic Way to connect to West Branch Street. Traffic Way is an arterial roadway that conveys approximately 11,000 vehicles per day. Traffic Bridge Location Map The Traffic Way Bridge was constructed in 1932 , making the bridge 90 years old. In general, the design life of this type of bridge is 100 years. The bridge was originally part of the highway system and was relinquished to the City in 1960. The bridge is a cast-in- place reinforced concrete tee-beam with a longitudinal construction joint near the bridge centerline. The bridge measures forty feet in length between curbs and has six-foot sidewalks on both sides with an open concrete railing that is mounted to the edge of the bridge. The bridge originally carried four lanes of t raffic but was reconfigured in 2008 to have three lanes of through traffic with shoulders for a Class II bike route. The Traffic Way Bridge is a reinforced concrete structure supported by abutments on each end of the bridge, as well as by concrete piles. Caltrans completes bridge inspections for the Traffic Way Bridge once every two years. In 2006, the bridge was designated “scour critical”, meaning that the supporting members of the bridge are compromised due to erosion of surrounding soil. The last inspection of the Traffic Way Bridge was completed in 2018. This inspection found signs of deck cracking, failed expansion joints, spalling concrete, concrete abrasion, and creek channel erosion. In March 2018, it was determined that in addition to the scouring issue, the foundation was vulnerable in its bearing capacity. Page 123 of 238 Item 8.k. City Council Consideration of Approval of an Amendment to the Contract for Consultant Services with Quincy Engineering for the Traffic Way Bridge Project October 11, 2022 Page 3 Caltrans bridge inspection reports provide information on bridge maintenance needs and an overall condition rating of the bridge, known as the “sufficiency rating.” Sufficiency ratings range from 0 to 100. A sufficiency rating of 100 is the best rating a bridge can receive and 0 is the worst. The Traffic Way Bridge has a current Sufficiency Rating of 73.6, which would not generally make this bridge eligible for replacement funds. However, this bridge also has a National Bridge Inspection (NBI) Item 113 code of 3 , which denotes that the bridge is scour critical and has bridge foundations determined to be unstable for the calculated scour conditions. Because of this NBI scour rating, the Traffic Way Bridge is eligible for State Highway Bridge Program replacement funds. On July 24, 2018, the City Council approved an updated Master Service Agreement and Program Supplement Agreement for the replacement of the Traffic Way Bridge in order for the City to expend Federal or State funds through the State Transportation Improvement Program (STIP) on this project. On October 8, 2019, the City Council approved the Contract for Consultant Services with Quincy Engineering, Inc. for design of a replacement bridge on Traffic Way. In July 2020 the Council reviewed options for a full or partial closure of the bridge and selected a full closure option as the preferred closure alternative for the project. Over the past couple of years, the design team has reviewed closure options, completed the geotechnical samplings and report, completed a topographic survey, prepared the necessary environmental studies, prepared the California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration (IS/MND), and coordinated with various utility companies. The design is currently approximately 55% complete. In June, City staff completed the review of the IS/MND in accordance with the requirements of CEQA, which was prepared by SWCA (a subconsultant for Quincy Engineering). On June 21, 2022, the City issued the IS/MND for the 30-day public review period, which ended on July 21, 2022. Staff then presented the draft IS/MND to the Planning Commission on August 2, 2022. No public comments were received during the public review period and the Planning Commissioners offered the following comments: 1. Additional review, assessment and analysis of safety regarding traffic calming and traffic mitigation measures should be undertaken by staff as the traffic detour plans are developed prior to approval of the detour plan. 2. Staff should send notices to properties impacted by noise and traffic rerouting during construction of the Traffic Way Bridge Replacement Project sooner rather than later. Staff has forwarded these comments to the consultant to be incorporated into the process as the traffic detour plans are refined. In addition, the draft IS/MND will be revised to include additional details and clarification about safety provisions and traffic mitigation measures associated with the traffic detour plans. Page 124 of 238 Item 8.k. City Council Consideration of Approval of an Amendment to the Contract for Consultant Services with Quincy Engineering for the Traffic Way Bridge Project October 11, 2022 Page 4 On September 29, 2022 the City Manager signed an administrative extension (Amendment 1) to the Contract for Consultant Services, to keep the contract from expiring (see Attachment 3). The current expiration date of the contract is October 31, 2022. ANALYSIS OF ISSUES: The Contract for Consultant Services is scheduled to expire on October 31, 2022, unless it is extended by a contract amendment. Staff is recommending a two-year extension to October 31, 2024, to allow for the completion of the Preliminary Engineering (PE) phase, so the project can begin construction in 2024. A 65% copy of the design plans is anticipated for staff review in January 2023. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve the contract amendment extending the contract with Quincy Engineering for another 2 years until October 31, 2024; 2. Do not approve the contract amendment, thereby allowing the contract with Quincy Engineering to expire; or 3. Provide other direction to staff. ADVANTAGES: Approval of the Amendment to Contract for Consultant Services will allow Quincy Engineering to complete the Traffic Way Bridge Plans. DISADVANTAGES: The completion of the Traffic Way Bridge Plans will continue to require staff time and City funds. ENVIRONMENTAL REVIEW: Although there is no environmental review required for approval of a contract amendment, the project will be required to meet both CEQA and National Environmental Policy Act (NEPA). To meet CEQA requirements, a draft (IS/MND was prepared by SWCA in June 2022. The IS/MND was circulated for public review for 30 days, which review period ended on July 21, 2022. No public comments were received during the review period. The draft IS/MND has been prepared in accordance with the CEQA, Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq. Because the Highway Bridge Program is a federally funded project, NEPA clearance is also required, which is provided by Caltrans. The City received the NEPA clearance from Caltrans as a Categorical Exemption on July 29, 2022. Page 125 of 238 Item 8.k. City Council Consideration of Approval of an Amendment to the Contract for Consultant Services with Quincy Engineering for the Traffic Way Bridge Project October 11, 2022 Page 5 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s webs ite in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Amendment 2 to Contract for Consultant Services with Quincy Engineering, Inc. 2. Contract for Consultant Services with Quincy Engineering, Inc. for Professional Engineering Services for the Traffic Way Bridge Replacement Project. 3. Amendment 1 to Contract for Consultant Services with Quincy Engineering, Inc. Page 126 of 238 ATTACHMENT 1 AMENDMENT 2 TO CONTRACT FOR CONSULTANT SERVICES This Amendment 2 to Contract for Consultant Services ("Amendment") by and between QUINCY ENGINEERING, INC. (“Consultant”) and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”), is made and entered into this 11th day of October, 2022. WHEREAS, the parties entered into a Contract for Consultant Services dated October 8, 2019 for Professional Engineering Services for the Traffic Way Bridge Replacement Project (“Contract”); and WHEREAS, the parties entered into a First Amendment to the Contract dated September 29, 2022 to extend the Contract to October 31, 2022 to allow for continuation of the contract; and WHEREAS, the parties desire to modify the Contract as set forth herein. NOW THEREFORE, for valuable consideration the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The above recitals are true, correct and are incorporated herein by reference. 2. The term of the Contract is hereby extended to October 31, 2024. 3. Except as modified herein, all other terms and conditions set forth in the Contract shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment the day and year first above written. CITY OF ARROYO GRANDE: Caren Ray Russom, Mayor QUINCY ENGINEERING, INC: By: Mark L. Reno, Principal ATTEST: Jessica Matson, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney Page 127 of 238 ATTACHMENT 2 Page 128 of 238 Page 129 of 238 Page 130 of 238 Page 131 of 238 Page 132 of 238 Page 133 of 238 Page 134 of 238 Page 135 of 238 Page 136 of 238 Page 137 of 238 Page 138 of 238 Page 139 of 238 Page 140 of 238 Page 141 of 238 Page 142 of 238 Page 143 of 238 Page 144 of 238 Page 145 of 238 Page 146 of 238 Page 147 of 238 Page 148 of 238 Page 149 of 238 Page 150 of 238 Page 151 of 238 Page 152 of 238 Page 153 of 238 Page 154 of 238 Page 155 of 238 Page 156 of 238 Page 157 of 238 Page 158 of 238 Page 159 of 238 Page 160 of 238 Page 161 of 238 Page 162 of 238 Page 163 of 238 Page 164 of 238 Page 165 of 238 Page 166 of 238 Page 167 of 238 Page 168 of 238 Page 169 of 238 Page 170 of 238 Page 171 of 238 Page 172 of 238 Page 173 of 238 Page 174 of 238 Page 175 of 238 Page 176 of 238 Page 177 of 238 Page 178 of 238 Page 179 of 238 Page 180 of 238 Page 181 of 238 Page 182 of 238 Page 183 of 238 Page 184 of 238 Page 185 of 238 Page 186 of 238 Page 187 of 238 Page 188 of 238 Page 189 of 238 Page 190 of 238 Page 191 of 238 Page 192 of 238 Page 193 of 238 Page 194 of 238 Page 195 of 238 Page 196 of 238 Page 197 of 238 Page 198 of 238 Page 199 of 238 Page 200 of 238 Page 201 of 238 Page 202 of 238 Page 203 of 238 Page 204 of 238 Page 205 of 238 Page 206 of 238 Page 207 of 238 Page 208 of 238 ATTACHMENT 3 Page 209 of 238 Item 9.a. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Associate Planner SUBJECT: Consider a Resolution Accepting a Donation of Time and Materials for the Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 22-002; Location – Citywide; Applicant – Shirley Horacek, Arroyo Grande Public Art DATE: October 11, 2022 SUMMARY OF ACTION: Receive public comment and consider a Resolution accepting a donation of time and materials and waiving encroachment permit fees of $720 for the utility box public art project proposed by Arroyo Grande Public Art. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Staff time will be necessary in order to attend future meetings of the Arroyo Grande Public Art Committee. Staff time may be necessary on a case-by-case basis for traffic control or other safety measures during painting, as well as to process a “Small” encroachment permit for each utility box painting. It is recommended that the City Council waive encroachment permit fees of $180 for each of the four utility box locations for a total of $720, as proposed in the attached Resolution. All time and materials for the preparation and painting of the utility boxes will be donated by the applicant valued at approximately $5,000. Ongoing maintenance costs are planned for the project from City funds. RECOMMENDATION: Receive public comment and adopt a Resolution accepting the donation of time and materials and waiving encroachment permit fees in the amount of $720 . BACKGROUND: In 2002, the City Council approved staff recommendations for an Art in Public Places Program and Process. The recommendations were prepared with the assistance of the San Luis Obispo County Arts Council and an Art Donation Program was approved by the City Council in 2006. In 2011, the Public Art Guidelines were amended regarding the Art in Public Places Program and limited the process only to public art projects on private Page 210 of 238 Item 9.a. City Council Consider a Resolution Accepting a Donation of Time and Materials for the Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 22- 002; Location – Citywide; Applicant – Shirley Horacek, Arroyo Grande Public Art October 11, 2022 Page 2 property. During this update, public art on private property was defined as art that is displayed in an open area that is freely available to the general public or public accessibility is provided based upon the characteristics of the artwork or its placement on the site. Projects on public property would be considered by the City Council, with the recommendation of the former Parks and Recreation Commission if on park property. In January 2013, Arroyo Grande Public Art (AGPA) was established as a program within Arroyo Grande In Bloom (AGIB), a non-profit volunteer organization. In October 2021, the Arroyo Grande Public Art Guidelines (Guidelines) were again amended to limit the purview of the Guidelines to public art proposals on non -residentially zoned property. Public art on privately owned residential property was removed from the Guidelines to avoid any confusion regarding their application. In addition, clerical changes were made to account for changes to the City’s advisory bodies and those that provide consultation to the Council on public art projects. Updates to the Guidelines also included changing the consulting body that makes recommendations to the City Council from the San Luis Obispo County Arts Council (SLOCAC) to Arroyo Grande Public Art (AGPA). Lastly, the Guidelines established a seven (7) member Public Art Panel for the purpose of approving proposed art projects. The currently adopted Guidelines have been includ ed as Attachment 2. Four (4) public art pieces have been approved to date. The first public art piece approved was the mural at 303 E. Branch Street on May 2, 2014 , and second was the Japanese Lantern sculpture located at the Peoples Self Help Housing apartments at 150 South Courtland Street. The third approved public art piece is located at 126 South Mason Street and 127 Short Street. That installation consists of two Chumash art piec es. The most recently approved public art piece was the repainting of the Strother Park basketball court, located at 1150 Huasna Road. ANALYSIS OF ISSUES: Earlier this year, staff was contacted by Arroyo Grande Public Art regarding the possibility of painting utility boxes within the City. Staff attended various meetings with the organization and the City Attorney’s office helped draft a number of documents including the request for proposals (RFP) calling for local artists, releases to clarify ownership of the artwork, liability releases and agreements to be executed between the City and artists. Review Process Under Public Art Guidelines In accordance with the City’s Public Art Guidelines, the p rojects shall be considered by the City Council, with community input as part of a public hearing, and ultimately approved by the Arroyo Grande Public Art Panel. The panel selection for this project includes the following to date:  Two representatives from the property owner: Bill Robeson and Sheridan Bohlken Page 211 of 238 Item 9.a. City Council Consider a Resolution Accepting a Donation of Time and Materials for the Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 22- 002; Location – Citywide; Applicant – Shirley Horacek, Arroyo Grande Public Art October 11, 2022 Page 3  Two representatives from AGPA: Shirley Horacek and Kathryn Phelan  One representative from the Architectural Review Committee: Jon Couch  One representative from the Chamber of Commerce: Kassi Dee  One representative from the South County Historical Society: Vivian Krug The intent of establishing this review process is to ensure that public art projects are sensitive to community concerns, while also avoiding government censorship of art. The Guidelines are applicable to public art projects proposed to be located on non - residentially zoned public property or by a private owner in the adjacent public right of way. The Guidelines and criteria also apply to public art projects on City property. All donations for Public Art are required to be considered and approved by the City Council. The following criteria are used in the selection of public art: 1. Relationship to the social, cultural and historical identity of the area. If the public art is proposed to be located in the Village Core Downtown or Village Mixed Use Districts, the art piece shall be representative or evocative of the turn of the century historical period; 2. Evaluation of artistic excellence; 3. Appropriateness of scale, form, material, content and design relative to the immediate and general neighborhood; 4. Relationship to the social, cultural and historical identity of the area; 5. Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering; 6. Ease of maintenance; 7. Appropriateness of proposed method of installation of artwork and safety and structural factors involved in installation; 8. Artist’s experience in working on comparable projects. After completion of the public hearing and acceptance of the donation by Council, the project will then be forwarded for review and approval by the Public Art Panel to make the required findings above. Arroyo Grande Public Art Page 212 of 238 Item 9.a. City Council Consider a Resolution Accepting a Donation of Time and Materials for the Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 22- 002; Location – Citywide; Applicant – Shirley Horacek, Arroyo Grande Public Art October 11, 2022 Page 4 On July 1, 2022, Arroyo Grande Public Art published an RFP requesting applications from local artists for designs to be painted on utility boxes within the City. The RFP closed on August 5, 2022, and the proposed designs were reviewed by the group at their meeting on August 8, 2022. After reviewing the proposals, a total of four (4) designs were selected for presentation to the City. The group also made recommendations as to the preferred location of the artwork. The following designs and preferred locations were provided by the group and are included as Attachment 3: 1. Southeast corner of Brisco Road and El Camino Real – Koi by Jann Griffiths 2. Southeast corner of Branch St and Mason St – Rooster by Laurie Hamblin 3. Southeast corner of Oak Park Boulevard and James Way – Whale by Renn Herrera 4. Northeast corner of Oak Park Boulevard and East Grand Avenue* – Basketball by Oscar Pearson *After reviewing the locations proposed by Arroyo Grande Public Art, staff has determined that the location proposed by the applicant for the basketball design may be located within Grover Beach right of way. Staff is recommending that this design be moved to the utility box located just to the south of the intersection at South Courtland and East Grand Avenue near CVS Pharmacy. ALTERNATIVES: 1. Conduct the public hearing to receive public comment, and adopt the attached Resolution accepting the donation of approximately $5,000 in time and materials from the applicant; 2. Do not adopt the attached Resolution, provide specific findings, and direct staff to return with an appropriate resolution to not accept the donation; or 3. Provide direction to staff. ADVANTAGES: Approving the donation for the proposed public art installations will facilitate the enhancement of the appearance of existing utility boxes for the benefit of the community. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA ), the Community Development Department has determined that this project is categorically exempt based upon section 15301(e) of the CEQA Guidelines regarding existing facilities. This exemption is applied to additions to existing structures provided that the addition will not Page 213 of 238 Item 9.a. City Council Consider a Resolution Accepting a Donation of Time and Materials for the Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 22- 002; Location – Citywide; Applicant – Shirley Horacek, Arroyo Grande Public Art October 11, 2022 Page 5 result in an increase of square footage. The proposed project is for painting an existing structure and will not result in an increase in square footage. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on th e City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Resolution 2. Public Art Guidelines 3. Proposed Designs Page 214 of 238 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A DONATION OF TIME AND MATERIALS FOR THE PAINTING OF UTILITY BOXES CITYWIDE AND WAIVING OF ENCROACHMENT PERMIT FEES; STAFF PROJECT 22-002; LOCATION – CITYWIDE; APPLICANT – SHIRLEY HORACEK, ARROYO GRANDE PUBLIC ART WHEREAS, on August 8, 2022, Arroyo Grande Public Art recommended the City Council hold a public hearing on the proposed painting of four (4) utility boxes within the City (“project”) and consider the donation of time and materials for the proposed project in accordance to the Public Arts Guidelines; and WHEREAS, on October 11, 2022, the City Council held a duly noticed public hearing for the project; and WHEREAS, the City Council finds that the project will have a public benefit and therefore encroachment permit fees totaling $720 for four (4) utility boxes of $180 each can be waived; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, that the donation of time and materials for the proposed project meets these criteria: 1.Relationship to the social, cultural and historical identity of the area. The donation of time and materials for the proposed project will have social and cultural impacts as the project proposed designs that are tied to the social, historical and cultural identity of the area with regards to the designs chosen. 2. Evaluation of artistic excellence; Arroyo Grande Public Art met on August 8th, 2022 and selected the proposed designs. AGPA recommended the proposed designs due to the proposal’s ability to improve the appearance of the existing utility boxes. The donation of time and materials will further the ability of the project to be completed. 3. Appropriateness of scale, form, material, content and design relative to the immediate neighborhood; The donation of time and materials will facilitate the proposed artwork which is intended to replicate natural elements to help the artwork seamlessly fit into the surroundings of the public park. The mat erials chosen are appropriate and are materials typically utilized for this type of a pplication. The location of the utility boxes provides an enhancement of the built environment for the enjoyment of the art piece. 4. Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering; Page 215 of 238 RESOLUTION NO. PAGE 2 The donation of time and materials will facilitate the project, which includes materials selected that are commonly used in applications in public art projects. The quality of the materials selected are such that they will improve the surface integrity of the utility boxes and are meant to withstand natural weathering processes. The materials selected will not have adverse impacts on public safety due to their proper application. 5. Ease of maintenance; The donation of time and materials will facilitate the project, which includes proposed materials that are intended to provide a durable, aesthetic finish that helps protect and extend the life of the utility boxes, while improving their aesthetic appearance. 6. Appropriateness of proposed method of installation and artwork and safety and structural factors involved in installation; The donation of time and materials are for artwork that will be installed in accordance with the manufacturer’s specifications and will not cause safety or structural issues during the installation. 7. Artist’s experience in working on comparable projects. The donation of time and materials will go to artists that have extensive experience completing public art projects. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Arroyo Grande hereby approves the donation of time and materials and waives the encroachment permit fees in the amount of $720 for the project as described and shown in Exhibit “B” attached hereto and incorporated herein by this reference with the above findings and subject to the conditions set forth in Exhibit “A” attached hereto and incorporated herein by this reference. On a motion by Council member _________, seconded by Council member __________, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 11th day of October 2022. Page 216 of 238 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 217 of 238 RESOLUTION NO. PAGE 4 EXHIBIT “A” CONDITIONS OF APPROVAL UTILITY BOX PAINTING PROJECT CITYWIDE CONDITIONS OF APPROVAL Planning Division 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The public art shall be installed in conformance with the site designs on Exhibit “B” of this Resolution. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense o f any such action but such participation shall not relieve applicant of his/her obligations under this condition. Page 218 of 238 RESOLUTION NO. PAGE 5 EXHIBIT B Page 219 of 238 RESOLUTION NO. PAGE 6 Page 220 of 238 RESOLUTION NO. PAGE 7 Page 221 of 238 RESOLUTION NO. PAGE 8 Page 222 of 238 RESOLUTION NO. 5118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE PUBLIC ART GUIDELINES AND PUBLIC ART DONATION PROGRAM WHEREAS, in 2002 the City Council approved measures to promote art in the community, establish a uniform process for the review and selection of public art on public and private property that would be reflective of the community but limit City Government involvement, and identify general guidelines and selection criteria to promote creativity and freedom of expression, but also compatibility with the character design and environment of the surrounding area; and WHEREAS, in 2004 the City Council adopted a Resolution approving Public Art Guidelines and an Ordinance incorporating them by reference into the Municipal Code as part of the Design Guidelines and Standards for Mixed Use Districts; and WHEREAS, in 2011 the City Council amended the Design Guidelines and Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a Public Art Donation Program; and WHEREAS, the City Council considered substantive and clerical amendments to the Public Art Guidelines and Public Art Donation Program on October 12, 2021; and WHEREAS, the City Council finds that this project is consistent with the City's General Plan, Development Code, and the environmental documents associated therewith, and that the project is exempt under per Sections 15061(b)(3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the Public Art Guidelines and Public Art Donation Program are hereby amended as shown in Exhibit A, attached hereto and incorporated herein by this reference. On motion of Council Member Storton, seconded by Council Member George, and by the following roll call vote, to wit: AYES: Council Members Storton, George, Barneich, Paulding, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was approved this 12th day of October, 2021. Attachment 2 Page 223 of 238 RESOLUTION NO. 5118 PAGE 2 Cii 4all" CAREN RAT1RATSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: pie WHITNEY a ONALD, C MANAGER APPROVE AS TO FORM: nn TIMOTHY J. CARMEL, CITY ATTORNEY Page 224 of 238 CITY OF ARROYO GRANDE PUBLIC ART EXHIBIT "A" Public Art Guidelines And Public Art Donation Program Adopted by City Council Resolution No. 3787 October 12, 2004 Ordinance No. 557 October 26, 2004 Amended by City Council Resolution No. 4411 November 8, 2011 Amended by City Council Resolution No. 2021 2004, 2011, 2021 City of Arroyo Grande All Rights Reserved Page 225 of 238 CITY OF ARROYO GRANDE PUBLIC ART PUBLIC ART GUIDELINES Purpose The purpose of these Guidelines is to create a framework to facilitate and encourage property owners to provide outdoor public art on their property, or, if approved by the Director of Community Development, in the adjacent public right-of-way. For purposes of these Guidelines Public Art" shall mean art located on non-residentially zoned private property that is displayed in an open area that is freely available to the general public or public accessibility is provided based upon the characteristics of the artwork or its placement on the site. Artwork may include free- standing pieces (e.g., a sculpture or water fountain)or may be integrated into its surroundings as an architectural element (e.g., relief sculpture embedded in pavement or a wall, a mosaic or mural on a wall, decorative railings or lighting). These Guidelines are intended to assist artists, citizens and City officials and staff to understand the City's goals regarding art that is displayed in a manner that is available and accessible to the general public. The City recognizes that art and artistic expression is a protected activity and these Guidelines are not intended to unduly restrict creative expression or limit the types of public art possible. Rather,they are intended to facilitate and encourage the best possible combination of sites and artwork, and help to guide what is essentially a form of communication between the artist and the community. Process These Guidelines are applicable to public art projects proposed to be located on non-residentially zoned private property or by a private owner in the adjacent public right of way. The guidelines and criteria contained herein shall also apply to public art projects on City property. All Public Art shall be considered and approved by the City Council, in consultation with Arroyo Grande Public Art, and with the recommendation of the Recreation Department Director if the art is proposed to be placed on park property, and is subject to the Public Art Donation Program to the extent applicable. Public Art Panel In order to solicit community input and involvement for the consideration and promotion of public art on private property in the City, a Public Art Panel has been established to review all public art. The 7 member panel is made up of the following representatives to be convened as needed (a minimum of 6 members shall be residents or business owners in Arroyo Grande): 2 representatives from the property owner. 2 representatives designated by Arroyo Grande Public Art. 1 representative from the Architectural Review Committee. 1 representative from the South County Chambers of Commerce. 1 representative from the Historical Society. Page 226 of 238 CITY OF ARROYO GRANDE PUBLIC ART The Public Art Panel will convene to approve public art by a majority vote after the piece or plans are presented at a public hearing held by the City Council for the purpose of obtaining community input. Arroyo Grande Public Art shall act in an advisory capacity to the Public Art Panel. Guidelines The following guidelines developed by the San Luis Obispo County Arts Council are intended to facilitate and encourage Public Art that is proposed to be placed on non-residentially zoned private property or by a property owner on adjacent public right of way within the City: 1.Public art shall be of high artistic quality. 2.Public art shall be compatible with the immediate site and neighborhood in terms of social and cultural characteristics, architectural scale, materials, land use and geographical and environmental context. 3.Public art shall not impede pedestrian or vehicle traffic or conflict with public or private easements. 4.Consideration shall be given to any public safety or public health concerns related to, or created by, the artwork. 5.Public art shall be constructed of durable,high-quality materials and require minimal or no maintenance. 6.Public art shall be securely installed. 7.A wide variety of artistic expression is encouraged. However, expressions of profanity or vulgarity are inappropriate. Selection Criteria The following are considerations for the selection of public art 1.Relationship to the social, cultural and historical identity of the area 2.Evaluation of artistic excellence; 3.Appropriateness of scale, form, material, content and design relative to the immediate neighborhood; 4.Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering; 5.Ease of maintenance; Page 227 of 238 CITY OF ARROYO GRANDE PUBLIC ART 6.Appropriateness of proposed method of installation and artwork and safety and structural factors involved in installation; 7.Artist's experience in working on comparable projects. The City or Public Art Panel may consider a revolving art program for a proposed location on an ongoing basis. Location Public art is allowed in any district and is strongly encouraged in the Village Downtown, Village Mixed Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public Facility Districts. Promotion of public art visible from intersections within these districts as well as proximate to public gathering areas, plazas and public parking areas is highly recommended. PUBLIC ART DONATION PROGRAM Purpose Public art can provide aesthetic, cultural and economic benefits to the community. The City of Arroyo Grande Public Art Donation Program is a means by which an artist, or an individual or group commissioning an artist,may donate, gift or bequeath public art to the City of Arroyo Grande for location in a City-owned public place. Definition Public art can be defined as"The engagement of an artist with a public place involving original, creative work by an individual or a group."This includes functional and original works of art that also serve as capital improvements, such as,but not limited to seating, fountains, lighting, and free standing art forms. Pre-fabricated manufactured items such as benches, fountains etc. are not considered public art. Proposal Proposals should include: 1.A donor application form (See Attachment 1) 2. The artist or donor's name, 3. Title of the work and artist statement 4.Description of the work(such as a photograph, artist's rendering or computer generated image) 5. The materials and size of the work 6.A preferred public location 7.A statement from the donor and artist that the art is free of encumbrances Page 228 of 238 CITY OF ARROYO GRANDE PUBLIC ART 8.The artist's resume if available 9.Estimated value of donated work 10. Recommended manner of installation 11. Estimated maintenance cost Process The following steps will result in the review and decision regarding a proposal: I.The proposal would be submitted to the Community Development Department to review it to: a.Determine ongoing and General Plan consistency, accuracy and appropriateness. b.Insure it would not create an undue risk or a safety problem. c.Consider maintenance requirements d.Determine durability e.Identify any engineering concerns 2. The proposal will be reviewed by the Recreation Department Director if placement is proposed on a park property. 3.Recommendations will be forwarded to the City Council for review and action during a public hearing. The Council would have final approval of the donation. Guidelines for Review of the Proposal The following guidelines would be used for review of art donations: 1. Public art shall be of high artistic quality. 2.Public art shall be compatible with the immediate site and neighborhood in terms of social and cultural/historical characteristics, architectural scale, materials, land use and geographical and environmental context. 3.Public art shall not impede pedestrian or vehicle traffic or conflict with public or private easements. 4.Consideration shall be given to any public safety or public health concerns related to or created by the artwork. 5.Public art shall be constructed of durable, high-quality materials and require minimal or no maintenance. Page 229 of 238 6.Public art shall be securely installed. 7.A wide variety of artistic expression is encouraged. However, expressions of profanity or vulgarity are inappropriate. Display of Public Art 1.A contract shall be executed between the artist and the City establishing the terms of theproposed installation. 2.Artwork shall be displayed to include the artwork title, artist's name, patron's name if applicable and date of completion. The materials used and a short explanation of the work could be included as an option. Plaques will not be used for advertising purposes. 3.Prior to accepting the project, the Community Development Department shall receive from the artist or donor a set of plans, specifications, and a copy of a maintenance record, which identifies maintenance, installation and removal instructions. The transportation, installation and adjunct costs(such as engineering, a base for the artwork or other installation elements) related to artwork are the responsibility of the donor. 4.Once the art piece is installed (by the donor under the supervision of City staff with the artist's installation direction and donor installation funding), it will require inspection and sign off by a City Building Inspector. 5.Following inspection, the artwork shall become the property of the City. A publicized dedicati ceremony shall be held to present the art piece to the community. Page 230 of 238 Attachment 1 PUBLIC ART DONATION APPLICATION FORM The Donor/owner must complete and sign this application form. If the Donor/owner is not the artist who created the artwork, the artist must also sign this application. Artist/Donor(Name, address and phone #) Title of Work: Description of Work (attach drawings or photographs or other graphic depiction): Materials/Size: Proposed location (inside or outside, location should be specific, for example, "at the entry of xyz park, or on the northwest corner of x street and y street) Maintenance Requirements: An appraisal or other evidence of the Value of the proposed public artwork: Page 231 of 238 By signing this application below and in consideration for participating in the City's Public art program, the artist/owner hereby acknowledges and assigns the right to the City to collect any royalty payment provided by Civil Code section 986. Except as provided above, the artist/owner further acknowledges and waives, for himself and his successors in interest, to the greatest extent allowed by law, any rights the artist/owner may have under California Civil Code sections 986, 987, 988 and 989, or other applicable law. The artist/owner further acknowledges and understands that upon completion and installation of artwork, and upon its acceptance by the City Council, the work shall become the property of the City without any right of reversion in the artist/owner. The City retains the right to remove or relocated the artwork in its sole discretion, as the interest of the public welfare, heath and safety may be required. If the artwork is damaged, defaced, altered or destroyed by human acts, by acts of nature or otherwise, the City retains the right to remove, restore, repair or replace the artwork at any time in keeping with the artist's original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in ay restoration work. The artist/owner agrees to an alternate site should the City Council determine a more appropriate location. I have read, understood and accept the terms of this Application and represent that I am the of the artwork, which is the subject of this application. Owner, artist, or owner and artist: Signature Print Name Date: I have read, understood and accept the terms of this Application and represent that I am the of the artwork, which is the subject of this application. Owner, artist, or owner and artist: Signature Print Name Page 232 of 238 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5118 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12th day of October, 2021. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of October, 2021. JESSICA MATSON, CITY CLERK Page 233 of 238 AGPA "Outside the Box" Design Submissions Jann Griffiths -Koi -Brisco/El Camino Real Laurie Hamblin -Rooster -Branch/Mason Renn Herrera -Whale -Oak Park/James Way Oscar Pearson -Basketball -Oak Park/Grand Submitted by Shirley Horacek 805-458-9338 bnshoracek@gmail.com ATTACHMENT 3 Page 234 of 238 Page 235 of 238 Page 236 of 238 Page 237 of 238 Page 238 of 238