Agenda packet — Arroyo Grande City Council, April 12, 2022 (part 1 of 3)

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, April 12, 2022, 6:00 p.m.

In person at:

Arroyo Grande City Council Chambers
215 E. Branch Street, Arroyo Grande, CA 93420
AND via Zoom at:

Please click the link below to join the Zoom Meeting:
https://us02web.zoom.us/j/83255848846
Webinar ID: 832 5584 8846
Or by Telephone: 1-669-900-6833; 1-346-248-7799
In compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this City Council meeting is being conducted in a hybrid in-person/virtual format.

Members of the public may participate and provide public comment on agenda items during the meeting in person at the location identified above, by joining the Zoom meeting, or by submitting written public comments to the Clerk of the Council at [email protected]. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org.

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

EXCHANGE CLUB OF THE CENTRAL COAST

5. AGENDA REVIEW

5.a. Closed Session Announcements
None.

5.b. Ordinances read in title only
Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived.

6. SPECIAL PRESENTATIONS

6.a. Update Regarding Countywide COVID-19 Efforts
(McDONALD)
Recommended Action:

Receive update, accept public comments, discuss, and provide direction as necessary.

6.b. City Manager Communications
(McDONALD)
Recommended Action:

Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary.

6.c. Honorary Proclamation Declaring the Month of April 2022 as "Sexual Assault Action Month”

6.d. Honorary Proclamation Declaring April 29, 2022 as "Arbor Day"

7. COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. Members of the public may provide public comment in-person or remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment.

Click the link below to join the webinar: https://us02web.zoom.us/j/83255848846; Webinar ID: 832 5584 8846
•
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Press * 9 to “raise hand” for public comment
•
The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you. • It may be the desire of the Council to place your issue or matter on a future Council agenda.

Please adhere to the following procedures when addressing the Council:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Council as a whole and not directed to individual Council members.
• Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted.

8. CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion.

8.a. Consideration of Cash Disbursement Ratification
(VALENTINE)
Recommended Action:

Ratify the attached listing of cash disbursements for the period of March 1 through March 15, 2022.

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8.b. Consideration of Statement of Investment Deposits
(VALENTINE)
Recommended Action:

Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of February 28, 2022, as required by Government Code Section 53646(b).

8.c. Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports (VALENTINE)
Recommended Action:

Receive and file the Annual Comprehensive Financial Report (ACFR), Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports for the fiscal year ended June 30, 2021.

8.d. Consideration of Cancellation of July 12, 2022 City Council Meeting (McDONALD)
Recommended Action:

Cancel the regularly scheduled Council meeting of July 12, 2022.

8.e. Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board
(McDONALD)
Recommended Action:

Appoint Sean Shuur and Myraline Morris Whitaker to the Arroyo Grande Tourism Business Improvement District Advisory Board.

8.f. Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting
(McDONALD)
Recommended Action:

Consider and approve the list of City Council rotational assignments for attending the South County Chambers of Commerce monthly Arroyo Grande Business Meeting.

8.g. Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District (MATSON)
Recommended Action:

Adopt an Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code establishing by-district elections for four Council members, defining district boundaries, and scheduling the order of elections for each district.

8.h. Approval of Minutes
(MATSON)
Recommended Action:

Approve the minutes of the Regular City Council Meeting of March 22, 2022, as submitted.

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8.i. Consideration to Declare Police and Public Works Surplus Property (MARTINEZ/ROBESON)
Recommended Action:

Adopt a Resolution declaring the vehicles and equipment as surplus and authorize their sale or disposal.

8.j. Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481
(MARTINEZ)
Recommended Action:

Adopt an Urgency Ordinance establishing a Military Equipment Use Policy in accordance with AB 481.

8.k. Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement (McDONALD/CARMEL)
Recommended Action:

Approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc.

8.l. Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) (McDONALD/CARMEL)
Recommended Action:

Adopt a Resolution declaring a continued local emergency related to the Coronavirus (COVID-19) pandemic and authorizing the continuance of remote teleconference meetings pursuant to Government Code Section 54953(e)(3).

8.m. Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan
(PEDROTTI)
Recommended Action:

Approve and authorize the Mayor to execute the Amendment to Agreement for Consultant Services with GHD for the completion of the Halcyon Road Complete Streets Plan.

8.n. Consideration of Adoption of a Resolution Approving Fiscal Year 2023 Community Project Funding Request for the Swinging Bridge Project
(VALENTINE)
Recommended Action:

Adopt the Resolution supporting the FY23 Community Project Funding Request for the Swinging Bridge Project and designate the City Manager or her designee as the City’s signature authority to take all actions necessary to seek and apply for the funding opportunities.

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9. PUBLIC HEARINGS

9.a. Resolution Updating Operating Fees Set Forth in the Master Fee Schedule (VALENTINE)
Recommended Action:

Adopt a Resolution updating operating fees set forth in the Master Fee Schedule, effective June 13, 2022.

10. OLD BUSINESS

10.a. Consider Potential Permanent Parklet Program
(PEDROTTI)
Recommended Action:

Consider and provide direction to staff regarding the draft parklet program.

11. NEW BUSINESS

11.a. Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase
(VALENTINE)
Recommended Action:
1) Review the Integrated Solid Waste Collection Rate Increase request; 2) Set a public hearing for June 14, 2022, to consider adjusting the waste collection services rates for June 15, 2022, January 1, 2023 and January 1, 2024; and 3) Direct staff to prepare and distribute a Proposition 218 notice with a delayed implementation start date of May 1, 2022, for the proposed waste collection services rate increases.

12. COUNCIL COMMUNICATIONS
Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Council Member.

13. CLOSED SESSION
None.

14. ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date.

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This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature.

City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.

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Item 6.c.

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Page 8 of 432 ends

Item 8.a.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Cash Disbursement Ratification DATE: April 12, 2022
SUMMARY OF ACTION:

Review and ratify cash disbursements.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $1,387,651.83 fiscal impact that includes the following items:
 Accounts Payable Checks $993,977.20
 Payroll & Benefit Checks $393,674.63
RECOMMENDATION:

Ratify the attached listing of cash disbursements for the period of March 1 through March 15, 2022.

BACKGROUND:

Cash disbursements are made weekly based on the submission of all required documents supporting the invoices submitted for payment. Prior to payment, Administrative Services staff reviews all disbursement documents to ensure that they meet the approval requirements adopted in the Municipal Code and the City’s Purchasing Policies and Procedures Manual.

ANALYSIS OF ISSUES:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2021-22 budget.

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Item 8.a.

City Council
Consideration of Cash Disbursement Ratification
April 12, 2022

Page 2 ends

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve staff’s recommendation;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

ADVANTAGES:
 The Administrative Services Department monitors payments of invoices for accountability, accuracy, and completeness using standards approved by the City Council.
 Invoices are paid in a timely manner to establish goodwill with merchants.  Discounts are taken where applicable.

DISADVANTAGES:

There are no disadvantages identified in this recommendation.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. March 1 – March 15, 2022 – Accounts Payable Check Register

2. March 11, 2022 – Payroll and Benefit Check Registers

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CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name1 03/04/2022 293088 $ 22.56 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T2 03/04/2022 293088 43.44 BAN#9391033181 ALARM 640.4710.5403 AT&T3 03/04/2022 293089 145.00 01/22 UST INSPECTION - PW 010.4305.5303 B & T SVC STN CONTRACTORS, INC4 03/04/2022 293090 2,016.78 UNIFORM-DUTY BELTS 010.4204.5272 B3CK & COMPANY5 03/04/2022 293091 9.57 8.5" STEEL TIES 010.4430.5605 BACKYARD IMPROVEMENT CTR6 03/04/2022 293092 12.77 BUNGEES 010.4420.5605 BRISCO MILL & LUMBER YARD7 03/04/2022 293092 4.21 1/2" BOLT, WASHERS 010.4420.5605 BRISCO MILL & LUMBER YARD8 03/04/2022 293092 15.71 CAM LOCKS 010.4420.5605 BRISCO MILL & LUMBER YARD9 03/04/2022 293092 86.64 CHAIN, WASHERS, SCREWS, NUT DRIVER 010.4420.5605 BRISCO MILL & LUMBER YARD10 03/04/2022 293092 23.63 GRAFITTI REMOVAL-SCOUR PADS 010.4420.5605 BRISCO MILL & LUMBER YARD11 03/04/2022 293092 159.83 (3) PLYWOOD SHEETS 010.4420.5605 BRISCO MILL & LUMBER YARD12 03/04/2022 293092 12.38 WELL #8 CAULKING 640.4711.5603 BRISCO MILL & LUMBER YARD13 03/04/2022 293092 43.09 PW-14 STREET BROOM 640.4712.5273 BRISCO MILL & LUMBER YARD14 03/04/2022 293092 75.93 PW-5 CHISELS 640.4712.5273 BRISCO MILL & LUMBER YARD15 03/04/2022 293092 20.30 R G BOOSTER-PIPE CUTTER, FITTINGS 640.4712.5610 BRISCO MILL & LUMBER YARD16 03/04/2022 293092 35.58 R G BOOSTER-BOLTS, GASKET FORM 640.4712.5610 BRISCO MILL & LUMBER YARD17 03/04/2022 293093 9.60 QUIKCRETE 220.4303.5613 BURKE AND PACE OF AG, INC18 03/04/2022 293093 7.61 QUIKCRETE 220.4303.5613 BURKE AND PACE OF AG, INC19 03/04/2022 293094 10,951.50 CHEVRON STATION STORM DRAIN REPAIR 350.5797.7001 CALIFORNIA AUGER BORING INC20 03/04/2022 293094 84,597.36 CHEVRON STATION STORM DRAIN REPAIR 350.5797.7001 CALIFORNIA AUGER BORING INC21 03/04/2022 293094 181,115.00 CHEVRON STATION STORM DRAIN REPAIR 350.5797.7001 CALIFORNIA AUGER BORING INC22 03/04/2022 293095 21.25 LOCKING GAS CAP, STARTING FLUID 010.4420.5603 CARQUEST AUTO PARTS23 03/04/2022 293095 (16.01) RETURN GAS CAP 010.4420.5603 CARQUEST AUTO PARTS24 03/04/2022 293096 4,335.00 NETWORK SWITCH REFRESH EX4400-48T 48 350.5472.7001 CIO SOLUTIONS LP25 03/04/2022 293096 367.00 NETWORK SWITCH REFRESH REDUNDANT POWER 350.5472.7001 CIO SOLUTIONS LP26 03/04/2022 293096 33.00 NETWORK SWITCH REFRESH POWER CABLE 350.5472.7001 CIO SOLUTIONS LP27 03/04/2022 293096 1,067.00 NETWORK SWITCH REFRESH OPTICAL NETWORK MODULE 350.5472.7001 CIO SOLUTIONS LP28 03/04/2022 293096 1,145.34 NETWORK SWITCH REFRESH JCARE 3 YEAR SUPPORT 350.5472.7001 CIO SOLUTIONS LP29 03/04/2022 293096 3,500.00 NETWORK SWITCH REFRESH ENGINEER 350.5472.7001 CIO SOLUTIONS LP30 03/04/2022 293096 449.66 SALES TAX 350.5472.7001 CIO SOLUTIONS LP31 03/04/2022 293097 5.39 FAIR OAKS WM PLANS 640.5911.7301 CRISP IMAGING32 03/04/2022 293098 190.40 02/22 SR FITNESS 010.4424.5351 GAYLE CUDDY33 03/04/2022 293099 1,116.00 ROLLER SKATE CLASS-WINTER SESSION 010.4424.5351 DOOMSDAY SKATE LLC34 03/04/2022 293100 828.75 ENGINEERING SERVICES FOR STORM DRAIN SYSTEM 350.5797.7301 GARING TAYLOR & ASSOCIATES INC35 03/04/2022 293100 2,470.00 ENGINEERING SERVICES FOR STORM DRAIN SYSTEM 350.5797.7501 GARING TAYLOR & ASSOCIATES INC36 03/04/2022 293101 41.31 03/22 AETNA RESOURCES EAP-FCFA 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR37 03/04/2022 293101 165.24 03/22 AETNA RESOURCES EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR38 03/04/2022 293102 4,589.77 1100 GALL #2 RED DIESEL 010.0000.1202 JB DEWAR, INC39 03/04/2022 293103 388.89 (6) 5 GALL PAINT 010.4430.5274 KELLY-MOORE PAINTS40 03/04/2022 293104 145.00 PW-50 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)

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CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name41 03/04/2022 293104 $ 145.00 PW-41 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)42 03/04/2022 293104 95.00 PW-30 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)43 03/04/2022 293104 145.00 PW-27 90 DAY BIT INSPECTION 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)44 03/04/2022 293104 1,125.00 PW-27 REMOVE DPF FOR BAKING & CLEANING 220.4303.5603 L. DIESEL MOBILE SERVICE(DBA)45 03/04/2022 293104 145.00 PW-51 90 DAY BIT INSPECTION 612.4610.5601 L. DIESEL MOBILE SERVICE(DBA)46 03/04/2022 293105 38.14 OGLE GLASS CLEANER-AUTO SHOP 010.4305.5255 LAWSON PRODUCTS, INC47 03/04/2022 293106 100.05 WELL #6 OIL DIPPER 640.4711.5603 M & W PUMPS INC48 03/04/2022 293107 543.00 CASH FOR GRASS- 543 SQFT 226.4306.5554 DIANE MANSELL49 03/04/2022 293108 5,133.78 FAIR OAKS WATER MAIN REPLACEMENT 640.5911.7501 MICHAEL K NUNLEY & ASSOC.50 03/04/2022 293108 987.26 2021 SEWER LINING PROJECT 612.5821.7501 MICHAEL K NUNLEY & ASSOC.51 03/04/2022 293109 21.09 SPACKLE, DOOR STOPS 010.4213.5604 MINER'S ACE HARDWARE, INC52 03/04/2022 293109 28.18 PAINT TRAY, LINER, GRAFITTI REMOVER 010.4213.5604 MINER'S ACE HARDWARE, INC53 03/04/2022 293109 15.07 8X2 EXTERIOR TRIM 010.4213.5604 MINER'S ACE HARDWARE, INC54 03/04/2022 293109 114.47 PAINT, ROLLER, BRUSH, SIGN, DRILL BITS 010.4213.5604 MINER'S ACE HARDWARE, INC55 03/04/2022 293109 24.75 SPRAYPAINT, SQUEEGE,SANDPAPER 010.4213.5604 MINER'S ACE HARDWARE, INC56 03/04/2022 293109 21.00 HEX HEAD STEEL SCREW 010.4213.5604 MINER'S ACE HARDWARE, INC57 03/04/2022 293109 29.08 TRUSSTITE SCREWS 010.4213.5604 MINER'S ACE HARDWARE, INC58 03/04/2022 293109 30.15 (2) BALL VALVES 010.4420.5603 MINER'S ACE HARDWARE, INC59 03/04/2022 293109 68.92 (4) HAND HELD SPRAYER 010.4420.5605 MINER'S ACE HARDWARE, INC60 03/04/2022 293109 15.06 (2) AIR COUPLER 010.4420.5605 MINER'S ACE HARDWARE, INC61 03/04/2022 293109 21.53 (2) GRAFITTI REMOVER 010.4420.5605 MINER'S ACE HARDWARE, INC62 03/04/2022 293109 15.06 FLUORESCENT RED MARKING PAINT 220.4303.5613 MINER'S ACE HARDWARE, INC63 03/04/2022 293110 115.20 01/22 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON64 03/04/2022 293110 108.80 02/22 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON65 03/04/2022 293111 500.00 CASH FOR GRASS -500 SQFT 226.4306.5554 PATRICIA O'LEAR66 03/04/2022 293112 200.00 WASHING MACHINE REBATE 226.4306.5554 TERILEE OUIMETTE67 03/04/2022 293113 400.00 01/22 SOTO GOPHER CONTROL 010.4420.5303 PACIFIC GOPHER CONTROL68 03/04/2022 293114 1,857.50 2021 STREET REPAIRS - 4 ADDITIONAL STREETS 350.5638.7501 PAVEMENT ENGINEERING INC69 03/04/2022 293114 1,252.50 MATERIALS TESTING FOR 2021 STREET REPAIR 350.5638.7401 PAVEMENT ENGINEERING INC70 03/04/2022 293115 669.00 CASH FOR GRASS 669 SQFT 226.4306.5554 RONALD PERRY71 03/04/2022 293116 784.00 CASH FOR GRASS- 784 SQFT 226.4306.5554 ERNEST M SALAZAR72 03/04/2022 293117 425.87 PW-375 TRAILER TIRES 640.4712.5603 SANTA MARIA TIRE INC73 03/04/2022 293118 50.36 SIPHON KING UTILITY PUMP & HOSE 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC74 03/04/2022 293119 93.20 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS75 03/04/2022 293119 61.03 GAS SERVICES-215 E BRANCH ST 010.4145.5401 SOCALGAS76 03/04/2022 293119 14.79 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS77 03/04/2022 293120 134.83 DUMPSTERS -REC, ELM ST GARDEN 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC78 03/04/2022 293120 134.83 DUMPSTERS -REC, ELM ST GARDEN 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC79 03/04/2022 293121 6.71 (1) NO LEFT TURN SIGN 640.4712.5255 STATEWIDE SAFETY & SIGNS INC80 03/04/2022 293122 22.00 MILLER WAY BOOSTER-1 1/4" PIPE 640.4712.5610 STREATOR PIPE & SUPPLY

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CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name81 03/04/2022 293123 $ 1,056.73 PW-79 BLADE PACK, FILTERS, BELT 010.4420.5603 TURF STAR, INC82 03/04/2022 293124 1,238.85 MANAGEMENT OF FOG PROGRAM 612.4610.5303 WALLACE GROUP A CALIF CORP83 03/04/2022 293124 2,461.07 RESERVOIR NO. 4 EXTERIOR RECOATING 640.5948.7501 WALLACE GROUP A CALIF CORP84 03/04/2022 293125 14,560.00 RESERVOIR NO. 4 EXTERIOR RECOATING 640.4710.5303 WATER SYSTEMS CONSULTING INC85 03/04/2022 293126 435.00 ASH ST RESTROOM CLEAR DRAIN 2/15 & 2/18 010.4213.5303 WATERBOYS PLUMBING86 03/04/2022 293126 512.00 PLUMBING RETROFIT-295 SPRUCE 226.4306.5303 WATERBOYS PLUMBING87 03/04/2022 293127 2,660.00 BASKETBALL WINTER SESSION #1 2/3-3/3 010.4424.5351 YOUTH EVOLUTION BASKETBALL88 03/04/2022 293128 200.00 UB REFUND CST #00017246 640.0000.2301 TODD BROWN89 03/04/2022 293129 146.64 UB REFUND CST #00026185 640.0000.2301 KAY GORE90 03/04/2022 293130 65.36 UB REFUND CST #00025650 640.0000.2301 MELLISA MARIE MCDANIEL91 03/04/2022 293131 63.35 UB REFUND CST #00024609 640.0000.2301 DAVID MONTANARO92 03/04/2022 293132 8.23 UB REFUND CST#00026759 640.0000.2301 LUKE VLASSIS93 03/04/2022 293133 67.25 UB REFUND CST #00026513 640.0000.2301 RANDALL W WARD JR94 03/04/2022 293134 7,824.99 03/22 DELTA DENTAL PREMIUM 011.0000.2110 DELTA DENTAL95 03/04/2022 293134 2,339.43 03/22 DELTA DENTAL PREMIUM-RETIREE 010.4099.5132 DELTA DENTAL96 03/04/2022 293135 123,172.70 ACTIVE HEALTH INSURANCE 011.0000.2109 PERS - ACTIVE MED97 03/04/2022 293135 6,793.81 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED98 03/04/2022 293135 752.74 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED99 03/04/2022 293135 605.17 RETIREE HEALTH INSURANCE 010.0000.1111 PERS - ACTIVE MED100 03/04/2022 293135 98.24 ACTIVE HEALTH ADMIN FEE-FCFA 010.0000.1111 PERS - ACTIVE MED101 03/04/2022 293135 209.74 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED102 03/04/2022 293136 3,190.79 ACTIVE HEALTH INS-PT NON PERS 011.0000.2109 PERS - ACTIVE MED103 03/04/2022 293136 7.98 ACTIVE HEALTH ADMIN FEE-PT NON PERS 010.4145.5131 PERS - ACTIVE MED104 03/04/2022 293137 2,976.29 03/22 LIFE INS PREMIUM 011.0000.2113 STANDARD INSURANCE CO105 03/04/2022 293138 2,029.99 03/22 VSP PREMIUM 011.0000.2119 VISION SERVICE PLAN106 03/04/2022 293138 608.28 03/22 VSP PREMIUM-RETIREES 010.4099.5133 VISION SERVICE PLAN107 03/11/2022 293139 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 AILEEN ABD108 03/11/2022 293140 1,149.70 DUTY AMMO 010.4203.5255 ADAMSON INDUSTRIES, INC109 03/11/2022 293140 2,134.00 TRAINING/PRACTICE AMMO 010.4203.5501 ADAMSON INDUSTRIES, INC110 03/11/2022 293140 165.39 SALES TAX 010.4203.5501 ADAMSON INDUSTRIES, INC111 03/11/2022 293140 1,047.00 SWAT TRAINING AMMO - 223 REMINGTON 010.4204.5501 ADAMSON INDUSTRIES, INC112 03/11/2022 293140 81.15 SALES TAX 010.4204.5501 ADAMSON INDUSTRIES, INC113 03/11/2022 293140 1,047.00 AMMO FOR SWAT & RANGE MASTER SCHOOL 010.4204.5501 ADAMSON INDUSTRIES, INC114 03/11/2022 293140 81.15 SALES TAX 010.4204.5501 ADAMSON INDUSTRIES, INC115 03/11/2022 293141 1,000.00 SB90 CLAIMS CONTRACT SERVICES 010.4145.5303 AK & COMPANY116 03/11/2022 293142 398.45 KITCHEN SUPPLIES, COFFEE 010.4201.5201 AMAZON CAPITAL SERVICES117 03/11/2022 293142 777.14 POWER TRIM EDGER PARTS 010.4420.5603 AMAZON CAPITAL SERVICES118 03/11/2022 293142 74.34 GENERAL GAS FUEL TANK 010.4420.5603 AMAZON CAPITAL SERVICES119 03/11/2022 293142 254.62 WYPALLS 010.4420.5605 AMAZON CAPITAL SERVICES120 03/11/2022 293142 205.24 TOILET PAPER 010.4420.5605 AMAZON CAPITAL SERVICES

Page 13 of 432 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name121 03/11/2022 293142 $ 45.17 NITRILE GLOVES 220.4303.5613 AMAZON CAPITAL SERVICES122 03/11/2022 293142 14.90 EXTENSION CORD 220.4303.5613 AMAZON CAPITAL SERVICES123 03/11/2022 293142 84.87 WYPALLS 220.4303.5613 AMAZON CAPITAL SERVICES124 03/11/2022 293142 488.44 OFFICE SUPPLIES 612.4610.5201 AMAZON CAPITAL SERVICES125 03/11/2022 293142 334.54 OFFICE SUPPLIES 640.4710.5201 AMAZON CAPITAL SERVICES126 03/11/2022 293142 516.76 (2) METAL STORAGE CABINETS 640.4710.5602 AMAZON CAPITAL SERVICES127 03/11/2022 293142 90.00 BREAK ROOM COFFEE MAKER 640.4710.5602 AMAZON CAPITAL SERVICES128 03/11/2022 293142 1,567.24 PATROL SUPPLIES-EAR PIECES 010.4203.5255 AMAZON CAPITAL SERVICES129 03/11/2022 293143 167.92 03/22 COMMUNICATIONS MAINTENANCE 010.4204.5606 APPLIED TECHNOLOGY GROUP INC130 03/11/2022 293144 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES131 03/11/2022 293144 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES132 03/11/2022 293144 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES133 03/11/2022 293144 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES134 03/11/2022 293144 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES135 03/11/2022 293144 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES136 03/11/2022 293144 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES137 03/11/2022 293144 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES138 03/11/2022 293144 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES139 03/11/2022 293144 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES140 03/11/2022 293144 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES141 03/11/2022 293144 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES142 03/11/2022 293144 13.83 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES143 03/11/2022 293144 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES144 03/11/2022 293144 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES145 03/11/2022 293144 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES146 03/11/2022 293144 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES147 03/11/2022 293144 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES148 03/11/2022 293144 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES149 03/11/2022 293144 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES150 03/11/2022 293144 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES151 03/11/2022 293144 7.01 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES152 03/11/2022 293144 17.16 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES153 03/11/2022 293144 17.34 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES154 03/11/2022 293144 17.16 WATRE DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES155 03/11/2022 293145 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES156 03/11/2022 293145 9.80 PARKS MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES157 03/11/2022 293146 360.00 02/22 VILLAGE WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC158 03/11/2022 293147 22.70 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T159 03/11/2022 293148 126.68 03/22 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC160 03/11/2022 293149 450.00 LIFT STN #4 TROUBLESHOOT LEVEL 612.4610.5610 AUTOSYS LLC

Page 14 of 432 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name161 03/11/2022 293150 $ 2,028.40 PD-4605 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE162 03/11/2022 293150 2,150.44 PD-4607 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE163 03/11/2022 293150 308.30 PD-4603 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE164 03/11/2022 293151 2,103.23 RANCHO GRANDE BOOSTER PUMP PARTS 640.4712.5610 BC PUMP SALES & SERVICE INC165 03/11/2022 293152 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 BRANDEE BING166 03/11/2022 293153 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 JUSTIN BIXLER167 03/11/2022 293154 10.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH168 03/11/2022 293154 20.00 CAR WASH- PW-8 010.4301.5601 BOB'S EXPRESS WASH169 03/11/2022 293154 15.00 CAR WASH PW-10 640.4712.5601 BOB'S EXPRESS WASH170 03/11/2022 293154 243.00 CAR WASH-PATROL 010.4203.5601 BOB'S EXPRESS WASH171 03/11/2022 293154 42.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH172 03/11/2022 293155 181.02 PW - LEAVE/OVERTIME FORMS 010.4102.5255 BOONE PRINTING & GRAPHICS INC173 03/11/2022 293155 765.34 ADMIN SERVICES BUSINESS CARDS, ENVELOPES 010.4102.5255 BOONE PRINTING & GRAPHICS INC174 03/11/2022 293155 155.16 BROCHURES 010.4201.5201 BOONE PRINTING & GRAPHICS INC175 03/11/2022 293155 1,911.39 PRINTING SALES TAX MAILER 218.4101.5201 BOONE PRINTING & GRAPHICS INC176 03/11/2022 293156 500.00 JANITORIAL SERVICES FOR AGPD 010.4201.5615 BRENDLER JANITORIAL SERVICE177 03/11/2022 293156 1,135.00 JANITORIAL SERVICES FOR VARIOUS CITY BUILDINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE178 03/11/2022 293157 893.42 330 GALL SODIUM HYPOCHLORIDE 640.4712.5274 BRENNTAG PACIFIC INC179 03/11/2022 293157 (80.00) (2) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC180 03/11/2022 293157 (400.00) (10) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC181 03/11/2022 293158 136.00 PEST CONTROL: REC 010.4213.5303 BREZDEN PEST CONTROL, INC182 03/11/2022 293158 425.00 PEST CONTROL: ONE TIME RODENT 010.4213.5303 BREZDEN PEST CONTROL, INC183 03/11/2022 293158 165.00 PEST CONTROL: CORP YARD 010.4213.5303 BREZDEN PEST CONTROL, INC184 03/11/2022 293159 171.31 DIAMON DIGGER REPLACEMENT 010.4430.5605 BSN SPORTS, LLC185 03/11/2022 293160 51.33 HALLOWEEN & TURKEY TROT POSTER 010.4424.5252 BURDINE PRINTING (DBA)186 03/11/2022 293160 12.50 TURKEY TROT POSTERS 010.4424.5252 BURDINE PRINTING (DBA)187 03/11/2022 293160 27.89 MEET THE MACHINES & EGG HUNT POSTERS 010.4424.5252 BURDINE PRINTING (DBA)188 03/11/2022 293161 66.65 2X12 LUMBER 010.4213.5604 BURKE AND PACE OF AG, INC189 03/11/2022 293161 95.01 (17) JOIST HANGERS 010.4213.5604 BURKE AND PACE OF AG, INC190 03/11/2022 293161 (120.65) RETURN-MISC CITY HALL ROOF MATERIAL 010.4213.5604 BURKE AND PACE OF AG, INC191 03/11/2022 293161 3,405.68 MATERIAL FOR CITY HALL ROOF 010.4213.5604 BURKE AND PACE OF AG, INC192 03/11/2022 293162 19,854.00 02/22 PROFESSIONAL LEGAL SERVICES 010.4003.5304 CARMEL & NACCASHA, LLP193 03/11/2022 293162 1,482.00 02/22 LITIGATION & RELATED MATTERS 010.4003.5327 CARMEL & NACCASHA, LLP194 03/11/2022 293163 78.91 PW-38 -OIL FILTER, FUEL, OIL 220.4303.5601 CARQUEST AUTO PARTS195 03/11/2022 293163 61.49 PW-1 FUEL, LUBE, OIL 220.4303.5603 CARQUEST AUTO PARTS196 03/11/2022 293164 174.00 CVT-21-10336 AGPD CASE#2101984 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC197 03/11/2022 293164 120.00 CVT-22-1057 AGPD CASE#2102012 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC198 03/11/2022 293164 313.00 CVT-22-1058 AGPD CASE#2102031 010.4204.5324 CENTRAL VALLEY TOXICOLOGY INC199 03/11/2022 293165 1,349.00 ACCT#8245100960302509 IT BROADBAND 010.4140.5303 CHARTER COMMUNICATIONS200 03/11/2022 293165 95.17 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONS

Page 15 of 432 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name201 03/11/2022 293165 $ 26.72 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONS202 03/11/2022 293165 42.94 ACCT#8245100960211791 REC TV 010.4145.5401 CHARTER COMMUNICATIONS203 03/11/2022 293165 713.42 ACCT#8245100960211791 REC DARK 010.4145.5401 CHARTER COMMUNICATIONS204 03/11/2022 293165 199.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS205 03/11/2022 293165 53.23 ACCT#8245100960221923 PW TV 010.4307.5303 CHARTER COMMUNICATIONS206 03/11/2022 293166 193.93 (2) HERBICIDE 010.4420.5274 CHERRY LANE NURSERY(DBA)207 03/11/2022 293166 387.86 (4) HERBICIDE 010.4420.5274 CHERRY LANE NURSERY(DBA)208 03/11/2022 293167 300.00 01/22 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF209 03/11/2022 293167 300.00 12/21 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF210 03/11/2022 293167 285.00 03/22 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF211 03/11/2022 293168 509.00 GREEN WASTE DUMP-8 LOADS 220.4303.5307 COLD CANYON LANDFILL, INC212 03/11/2022 293169 148.70 EGG HUNT POSTERS 010.4424.5252 CRISP IMAGING213 03/11/2022 293169 14.03 RES#4 PLANS/SPECS 640.5948.7301 CRISP IMAGING214 03/11/2022 293170 150.00 DRE FIELD CERTIFICATION-POST PER DIEM 010.4204.5501 STEPHEN DOHERTY215 03/11/2022 293171 420.00 CASTILLO DEL MAR ROADWAY EXTENSION 350.5678.7301 EIKHOF DESIGN GROUP216 03/11/2022 293171 1,445.00 OAK PARK / EL CAMINO REAL STORM DRAIN SYSTEM 350.5795.7501 EIKHOF DESIGN GROUP217 03/11/2022 293172 2,593.31 RES#3 ELECTRICAL REPAIRS 640.4712.5609 ELECTRICRAFT INC218 03/11/2022 293173 250.00 INVEST. INTERVIEW & INTERROGATE POST PER DIEM 010.4204.5501 ELI ESPARZA219 03/11/2022 293174 140,219.52 2021 STREET REPAIRS PROJECT 350.5638.7001 FERRAVANTI GRADING & PAVING220 03/11/2022 293175 80.00 PD-4607 TIRES MOUNT, BALANCE 010.4203.5601 FIGUEROA'S TIRES221 03/11/2022 293175 80.00 PD-4604 TIRES MOUNT, BALANCE 010.4203.5601 FIGUEROA'S TIRES222 03/11/2022 293176 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MICHAEL GALLOWAY223 03/11/2022 293177 18,718.75 DESIGN PEDESTRIAN CROSSING IMPROVEMENTS 350.5607.7501 GHD INC224 03/11/2022 293178 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 RACHAEL GINEVRA225 03/11/2022 293179 9,947.18 PREPARE 2021 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS226 03/11/2022 293180 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 NICOLE HERNANDEZ227 03/11/2022 293181 1,943.32 FIRE HYDRANT COUPLINGS & BURYS 640.4712.5610 ICONIX WATERWORKS (US) INC228 03/11/2022 293182 566.25 BUILDING DIVISION SERVICES-ADDITIONAL AMOUNT 010.4212.5303 INTERWEST CONSULTING GROUP229 03/11/2022 293182 308.75 BUILDING DIVISION SERVICES-ADDITIONAL AMOUNT 010.4212.5303 INTERWEST CONSULTING GROUP230 03/11/2022 293183 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 JENIFER IREY231 03/11/2022 293184 117.49 FUEL-PD-4620 & 4621 010.4203.5608 JB DEWAR, INC232 03/11/2022 293185 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SAMANTHA LE233 03/11/2022 293186 50.00 PARK DEPOSIT REFUND-ELM ST PARK 010.0000.2206 JIMMY LIBBY234 03/11/2022 293187 200.00 WASHING MACHINE REBATE 226.4306.5554 ANTHONY LUIS235 03/11/2022 293188 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CODY MELLO236 03/11/2022 293189 176.71 (2) CU YDS WOODCHIPS, WEED FABRIC 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS237 03/11/2022 293189 201.49 (2) CU YDS WOODCHIPS, WEED FABRIC 010.4420.5605 MIER BROS LANDSCAPE PRODUCTS238 03/11/2022 293189 129.30 1/4 YD CONCRETE-1037 HUASNA 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS239 03/11/2022 293189 269.38 1 YD CONCRETE -SIDEWALK 1037 HUASNA 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS240 03/11/2022 293189 188.56 1/2 YD CONCRETE-TALLY HO 640.5946.7001 MIER BROS LANDSCAPE PRODUCTS

Page 16 of 432 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name241 03/11/2022 293190 $ 245.41 FLEET STOCK-ROTOR ASSMBLY (2) 010.4203.5601 MULLAHEY FORD242 03/11/2022 293190 15.99 PD-4623 FUEL CAP 010.4204.5601 MULLAHEY FORD243 03/11/2022 293191 85.52 (6) 10" BLADES, LINE, FUEL 010.4430.5603 NOBLE SAW, INC244 03/11/2022 293192 57.05 MAINT AGREEMENT-COPIER 010.4204.5602 OFFICE1245 03/11/2022 293193 20.00 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS246 03/11/2022 293193 310.50 UNIFORM CLEANING-PATROL SERVICES 010.4203.5303 PARAMOUNT CLEANERS247 03/11/2022 293193 50.50 UNIFORM CLEANING- PD SUPPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS248 03/11/2022 293194 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 KELLY PARSONS249 03/11/2022 293195 3,176.25 ATERIALS TESTING FOR 2021 STREET REPAIR 350.5638.7401 PAVEMENT ENGINEERING INC250 03/11/2022 293196 119.95 03/22 WIFI SERVICE HUBNER SITE 010.4201.5403 PEAKWIFI LLC251 03/11/2022 293197 60.00 REFUND-ROLLER SKATING 010.0000.4605 ERIC PETERSON252 03/11/2022 293198 216.91 01/22 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP253 03/11/2022 293199 1,683.08 QUINCY SWINGING BRIDGE CO 350.5620.7501 QUINCY ENGINEERING INC254 03/11/2022 293200 484.37 03/22 GRACE LN LANDSCAPE MAINT 216.4460.5304 RAINSCAPE255 03/11/2022 293200 1,201.41 03/22 PARKSIDE LANDSCAPE MAINT 219.4460.5304 RAINSCAPE256 03/11/2022 293201 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 DANIELLE ROSS257 03/11/2022 293202 1,715.95 ANNUAL SOFTWARE SUPPORT-METER 640.4710.5303 SENSUS METERING SYSTEMS INC258 03/11/2022 293203 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KIMBERLY SHRODE259 03/11/2022 293204 343.00 SIGN PERMIT REFUND ASP22-001 010.0000.4161 SIGN FACTORY260 03/11/2022 293205 151.28 SEAMING TAPE, TILE ROOFING, BOND 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC261 03/11/2022 293205 (151.28) CREDIT RETURN-SEAMING TAPE, TILE 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC262 03/11/2022 293205 70.66 SEAMING TAPE, BOND 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC263 03/11/2022 293206 360.00 01/22 PARKING CITATION REV DIS 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER264 03/11/2022 293207 188.11 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS265 03/11/2022 293208 3,139.00 MS WINDOWS SERVER DATA CENTER 010.4140.5607 SOFTWAREONE, INC266 03/11/2022 293208 7,980.00 MS OFFICE PRO PLUS 010.4140.5607 SOFTWAREONE, INC267 03/11/2022 293208 126.17 MS EXCHANGE SERVER STANDARD 010.4140.5607 SOFTWAREONE, INC268 03/11/2022 293208 817.44 MS SQL USER CAL 010.4140.5607 SOFTWAREONE, INC269 03/11/2022 293208 292.82 MS SQL SERVER STANDARD 010.4140.5607 SOFTWAREONE, INC270 03/11/2022 293208 1,995.00 MS OFFICE PRO PLUS (FCFA) 010.0000.1111 SOFTWAREONE, INC271 03/11/2022 293208 878.92 MS WINDOWS SERVER DATA CENTER 010.0000.1111 SOFTWAREONE, INC272 03/11/2022 293208 204.36 MS SQL USER CAL (FCFA) 010.0000.1111 SOFTWAREONE, INC273 03/11/2022 293209 4,790.99 2021 PW ROLLOFFS LESS FRANCHISE FEE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC274 03/11/2022 293210 148.32 DUMPSTERS - RANCHO GRANDE PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC275 03/11/2022 293210 227.84 DUMPSTERS -140 TRAFFIC WAY 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC276 03/11/2022 293210 148.32 DUMPSTERS -STROTHER 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC277 03/11/2022 293210 116.59 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC278 03/11/2022 293210 91.22 DUMPSTERS -CITY HALL 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC279 03/11/2022 293211 279.00 REFUND-BLD22-000090 553 MAY ST 010.0000.4183 SUNRUN INSTALLATION SERVICES280 03/11/2022 293212 102.11 UNIFORMS-ESPARZA 010.4203.5272 TEMPLETON UNIFORMS

Page 17 of 432 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 1 - MARCH 15, 2022
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name281 03/11/2022 293212 $ 107.37 UNIFORMS-CORRAL 010.4203.5272 TEMPLETON UNIFORMS282 03/11/2022 293212 437.07 UNIFORMS-BURNS 010.4203.5272 TEMPLETON UNIFORMS283 03/11/2022 293213 484.24 (3) RED FAST DRY PAINT 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS284 03/11/2022 293214 247.83 TONER 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)285 03/11/2022 293215 6,750.00 STREET SWEEPING SERVICES 220.4303.5303 VENCO POWER SWEEPING INC286 03/11/2022 293215 2,250.00 STREET SWEEPING SERVICES 010.4307.5303 VENCO POWER SWEEPING INC287 03/11/2022 293216 2,131.20 PD CELL PHONES, + 2 IPADS 010.4201.5403 VERIZON WIRELESS288 03/11/2022 293217 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 AMY WELLMAN289 03/11/2022 293218 519.21 COPY MACH LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL290 03/11/2022 293219 942.86 STREETS-MISC CONCRETE TOOLS 220.4303.5273 WHITE CAP CONST. SUPPLY291 03/11/2022 293220 233.00 SIGN PERMIT REFUND ASP17-00000 010.0000.4161 DAVE WHITHAM292 03/11/2022 293221 42,240.23 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE293 03/11/2022 293221 50,180.74 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE294 03/11/2022 293221 12,368.58 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE295 03/11/2022 293222 17,056.09 STATE PIT W/H 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT296 03/11/2022 293222 2,099.12 STATE SDI CONTRIBUTION 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT297 03/11/2022 293223 150.46 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT298 03/11/2022 293223 133.38 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT299 03/11/2022 293223 154.15 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT300 03/11/2022 293223 298.84 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT301 03/11/2022 293223 16.15 CHILD SUPPORT-PAYDATE 03/11/22 011.0000.2114 CA STATE DISBURSEMENT UNIT302 03/11/2022 293224 3,958.12 EE DEFERRED COMP % 011.0000.2117 ICMA RETIREMENT CORP303 03/11/2022 293224 10,919.06 EE DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP304 03/11/2022 293224 866.66 ER DEFERRED COMP FLAT 011.0000.2117 ICMA RETIREMENT CORP305 03/11/2022 293224 275.00 EE ROTH CONTRIBUTION 011.0000.2117 ICMA RETIREMENT CORP306 03/11/2022 293225 8,201.15 MISC TIER I PPE 03/03/22 011.0000.2106 PERS - RETIREMENT307 03/11/2022 293225 20,969.71 FIRE TIER I PPE 03/03/22 011.0000.2106 PERS - RETIREMENT308 03/11/2022 293225 11,728.03 POLICE TIER I PPE 03/03/22 011.0000.2106 PERS - RETIREMENT309 03/11/2022 293225 6,967.56 FIRE PEPRA PPE 03/03/22 011.0000.2106 PERS - RETIREMENT310 03/11/2022 293225 10,803.76 POLICE PEPRA PPE 03/03/22 011.0000.2106 PERS - RETIREMENT311 03/11/2022 293225 12,169.03 MISC PEPRA PPE 03/03/22 011.0000.2106 PERS - RETIREMENT312 03/11/2022 293225 3,955.20 MISC TIER II PPE 03/03/22 011.0000.2106 PERS - RETIREMENT313 03/11/2022 293225 6,165.08 POLICE TIER II PPE 03/03/22 011.0000.2106 PERS - RETIREMENT314 03/11/2022 293226 1,289.41 EE PARS CONTRIBUTION PAYDATE 03/11/22 011.0000.2107 US BANK OF CALIFORNIA315 03/11/2022 293226 322.38 ER PARS CONTRIBUTION PAYDATE 03/11/22 011.0000.2107 US BANK OF CALIFORNIA $ 993,977.20

Page 18 of 432 ends

ATTACHMENT 2
.

General Fund 350,170.85 5101 Salaries Full time 201,375.61 Streets Fund 15,124.91 5101 Volunteer Employee Retirement - American Rescue Plan Act 1,464.43 5102 Salaries Part-Time - PPT 5,558.23 Sewer Fund 7,698.86 5103 Salaries Part-Time - TPT 14,668.39 Water Fund 19,215.58 5105 Salaries OverTime 18,461.38
393,674.63 5106 Salaries Strike Team OT -
5107 Salaries Standby 1,755.80
5108 Holiday Pay 23,646.02
5109 Sick Pay 4,474.07
5110 Annual Leave Buyback -
Administrative Services - 5111 Vacation Buyback -
Information Services - 5112 Sick Leave Buyback -
Community Development - 5113 Vacation Pay 5,897.82
Police 18,122.32 5114 Comp Pay 2,973.77
Public Works - Maintenance - 5115 Annual Leave Pay 5,476.45 Public Works - Enterprise 339.06 5116 Salaries - Police FTO - Recreation - Administration - 5121 PERS Retirement 29,994.47 Recreation - Special Events - 5122 Social Security 20,796.90 Children In Motion - 5123 PARS Retirement 322.38
5126 State Disability Ins. 955.27 18,461.38
5127 Deferred Compensation 741.66
5131 Health Insurance 48,432.30
5132 Dental Insurance 2,985.16
5133 Vision Insurance 778.66
5134 Life Insurance 371.43
5135 Long Term Disability 753.75
5137 Leave Payouts 1,186.10
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 837.50
5149 Motor Pay 84.01
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 997.50
393,674.63
OVERTIME BY DEPARTMENT:

Total FCFA payroll cost for this period is $187,004.40. FCFA payroll and accounts payable expenditures are processed as part of the JPA financial services agreement between Arroyo Grande, Grover Beach and Oceano Community Services District. Arroyo Grande's portion of the FCFA annual budget is identified in the contractual services budget.

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
02/18/2022 - 03/03/2022
3/11/2022

BY FUND BY ACCOUNT

Page 19 of 432 ends

Item 8.b.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Statement of Investment Deposits DATE: April 12, 2022
SUMMARY OF ACTION:

Presentation of the City’s investment deposits as of February 28, 2022.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no funding impact to the City related to these reports. However, the City does receive interest revenue based on the interest rate of the investments. No or minimal future staff time is projected.

RECOMMENDATION:

Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of February 28, 2022, as required by Government Code Section 53646(b).

BACKGROUND:

The Administrative Services department has historically submitted to the City Council a monthly report, providing the following information:

1. Type of investment.

2. Financial institution (bank, savings and loan, broker, etc).

3. Date of maturity.

4. Principal amount.

5. Rate of interest.

6. Current market value for all securities having a maturity of more than 12 months.

7. Relationship of the monthly report to the annual statement of investment policy.

Page 20 of 432 ends

Item 8.b.

City Council
Consideration of Statement of Investment Deposits
April 12, 2022

Page 2 ends

ANALYSIS OF ISSUES:

This report represents the City’s investments as of February 28, 2022. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of February 28, 2022, the investment portfolio was in compliance with all State laws and the City’s investment policy.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Recommended Alternative - Approve staff’s recommendation to receive and file the attached report listing the investment deposits;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

ADVANTAGES:

Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

DISADVANTAGES:

Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Portfolio Summary: February 28, 2022

Page 21 of 432 ends

ATTACHMENT 1
City of Arroyo Grande
300 E. Branch St.

Arroyo Grande, CA 93420
Phone: (805) 473-5400

CITY OF ARROYO GRANDE
Portfolio Management
Portfolio Summary
February 28, 2022
Investments Principal Value Current Market Value Interest Rate Date of Purchase Term Maturity Date % of Portfolio Local Agency Investment Fund $ 9,087,279.97 9,092,511.47 $ 0.278% 40.349% Certificates of Deposit
Pacific Premier Bank 249,000.00 249,000.00 0.200% February 21, 2022 12 mos February 21, 2023 1.105%Texas Exchange Bank 248,000.00 248,000.00 1.000% March 25, 2020 24 mos March 25, 2022 1.101%CIT Bank NA 248,000.00 248,000.00 1.050% March 28, 2020 24 mos March 28, 2022 1.101%Firstbank Puerto Rico 249,000.00 249,000.00 1.700% October 25, 2019 30 mos April 25, 2022 1.105%Ally Bank 247,000.00 247,000.00 2.150% July 22, 2019 36 mos July 22, 2022 1.096%TIAA FSB Jacksonville 247,000.00 247,000.00 2.100% July 12, 2019 36 mos July 12, 2022 1.096% Sallie Mae Bank/Salt Lake 247,000.00 247,000.00 1.900% October 3, 2019 36 mos October 3, 2022 1.096%Eaglebank Bethesda Maryland 249,000.00 249,000.00 1.850% October 4, 2019 36 mos October 4, 2022 1.105%Goldman Sachs Bank USA 247,000.00 247,000.00 1.850% October 24, 2019 36 mos October 24, 2022 1.096%1st Security Bank Washington 249,000.00 249,000.00 1.700% October 4, 2019 42 mos April 4, 2023 1.105%Morgan Stanley Private Bank 247,000.00 247,000.00 2.250% July 11, 2019 45 mos July 11, 2023 1.096%Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 1.105%BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 1.105%Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 1.096%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 1.087%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 1.105%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 1.105%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 1.101%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 1.105%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 1.101% Total Certificates of Deposit 4,960,000.00 4,960,000.00 22.011% Agency Bonds
Federal Farm Credit Bank 2,500,000.00 2,501,440.00 1.600% November 1, 2019 48 mos November 1, 2023 11.094%Federal Farm Credit Bank 1,999,314.00 1,942,660.00 0.350% December 4, 2020 42 mos May 16, 2024 8.872%Federal Farm Credit Bank 998,431.00 959,771.00 0.430% March 17, 2021 48 mos March 3, 2025 4.431%Federal Natl Mortgage Assn 1,000,000.00 951,585.00 0.500% October 20, 2020 60 mos October 20, 2025 4.438%Federal Home Loan Bank 999,500.00 950,840.00 0.800% March 17, 2021 60 mos March 10, 2026 4.435% Total Agency Bonds 7,306,296.00 7,497,245.00 33.270%
Treasury Obligations
U.S. Treasury Z-2026 Series 984,728.00 964,728.00 1.100% December 6, 2021 53 mos May 31, 2026 4.370% Total Agency Bonds 964,728.00 984,728.00 4.370%
TOTAL INVESTMENTS $ 22,318,303.97 22,534,484.47 $ 100.000%

Page 22 of 432 ends

Item 8.c.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director SUBJECT: Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports
DATE: April 12, 2022
SUMMARY OF ACTION:

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Preparation of the City’s financial reports requires approximately 250 hours per year of personnel resources and auditing services cost approximately $28,000 annually.

RECOMMENDATION:

BACKGROUND:

State law requires that every general-purpose local government publish an annual report on its financial position and activity, and that the report be audited by an independent firm of certified public accountants. The goal of the independent audit is to provide a reasonable assurance that the City’s financial statements are free of material misstatements. In addition, the audit is responsible for providing an independent review of the City’s internal financial controls. The City’s financial statements, internal documents, and financial controls have been audited by the certified public accountant firm of Moss, Levy & Hartzheim, LLP for the fiscal year ending June 30, 2021.

The Single Audit is an organization-wide audit of a non-federal entity that expends $750,000 or more in federally-awarded funds in one year. In fiscal year ended June 30, 2020, the City expended $1.4 million in federal funds. During the fiscal year ended June 30, 2021, the City expended $6.3 million in federal funds. As a result, the City has

Page 23 of 432 ends

Item 8.c.

City Council
Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports
April 12, 2022

Page 2 ends

completed a Single Audit for the fiscal year ending June 30, 2021, which is included with this report.

The Transportation Development Act (TDA) provides a state funding source for use by local jurisdictions at the county level to improve existing public transportation and to encourage regional public transportation coordination. It also provides some funding for bicycle and pedestrian projects and, when certain conditions are met, streets and roads.

The main purpose and priority of TDA, however, is to provide funding for public transportation. The Local Transportation Fund (LTF) is a local fund into which the State deposits sales tax revenue to be used for transportation purposes defined by TDA. The State Department of Tax and Fee Administration, based on sales tax collected in each county, returns the general sales tax revenues to each county’s LTF. The City has completed the TDA Audit report every year and posts the reports on the City’s website.

Though not formally presented to the City Council in some prior years, this audit report contains the results of the TDA audit for Council’s information and review.

ANALYSIS OF ISSUES:

Annual Comprehensive Financial Report
Generally accepted accounting principles (GAAP) provide the criteria for judging whether a financial report is presented fairly. In defining the minimum standard of acceptable basic financial reporting for state and local governments, GAAP mandates a complete set of basic financial statements, including accompanying note disclosures, as well as the presentation of certain required supplementary information. GAAP encourages government agencies to present this information within the Annual Comprehensive Financial Report (ACFR).

The ACFR provides a more detailed financial report beyond the basic financial statements. The ACFR is made up of three sections:
• The introductory section: provides general information on the City which includes the letter of transmittal, list of principal officials, and organizational chart. • The financial section: provides the overall financial information of the City which includes the report of the independent auditor, management’s discussion and analysis (a narrative of the City finances), the basic financial statements, required supplementary information and other supplementary schedules and statements. • The statistical section: provides a broad range of operational, economic, and historical data that provides a context for assessing the City’s economic condition.

This section provides information about the City’s general financial trends, revenue capacity, debt capacity, economic and demographic trends, and operating information.

Page 24 of 432 ends

Item 8.c.

City Council
Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports
April 12, 2022

Page 3 ends

The City’s external auditors at Moss, Levy & Hartzheim, LLP conducted testing of the City’s internal financial controls in June 2021 and October 2021. The testing included reviewing the City’s procedures for receiving and disbursing cash, the accounting methodology used to record transactions, the separation of duties to avert collusion, and the City’s asset securities. As a result of this testing, there were no internal control issues/events noted by the auditors.

An audit was also conducted on the net position of the City for the financial period ending June 30, 2021. Documentation in support of the assets, liabilities, and fund balance of all the funds in the City were examined and verified. This process assures an impartial review and substantiation of the City’s net position. The result of this review is documented in the City’s ACFR. The City’s ACFR is in compliance with newly effective Government Accounting Standards Board (GASB) pronouncements, as detailed in the Notes to the Financial Statements.

Auditors may issue three different types of opinions at the conclusion of an audit; an unmodified, modified, or adverse opinion. An unmodified opinion assures the reader that the information presented in the ACFR fairly represents the financial position of the City.

A modified opinion states that the information is fairly presented except for a particular issue. An adverse opinion indicates that the agency has major accounting and/or internal control issues and no reliance may be placed on the financial statements. The Administrative Services Department staff is proud to report that for the fiscal year ended June 30, 2021, the City of Arroyo Grande received an unmodified opinion, reflecting that the information presented in the ACFR fairly represents the financial position of the City.

As presented in the ACFR, the City’s combined net position at June 30, 2021 increased by $8.2 million or 9.31% from $87.8 million to $95.9 million. This overall increase is due to an increase in governmental activities. The increase in governmental activities is largely due to additional Federal Highway Bridge Replacement and Rehabilitation Program funding specific to the Bridge Street Bridge project and its associated construction in progress.

Page 25 of 432 ends

Item 8.c.

City Council
Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports
April 12, 2022

Page 4 ends

Net position of all funds reflects all the assets and liabilities of the City. It includes the City’s investment in capital assets such as parks, bridges, and roads as well as the liabilities or obligations to pay vendors, employees, and debt service payments. The net position is the mathematical difference between assets and liabilities, but it does not necessarily reflect the economic health of an organization. In the City’s case, about 84% of the total net position reflects capital assets. While these assets are important, they cannot be used to fund the day-to-day operations of the City and, therefore, may not be the most useful measure of the City’s liquidity.

For financial reporting purposes, the half percent Local Sales Tax revenue approved by voters in 2006 and Other Post-Employee Benefits funds (OPEB) are combined with the General Fund in the ACFR. However, the City’s quarterly and year-end reporting is based on the General Fund exclusively and does not include the Local Sales Tax or OPEB funds. The combined funds, as shown in the table on the following page, reports total revenues of $24.2 million and expenditures of $19.9 million. As a result, there was an overall increase to the fund balance of $3,186,306 during the 2020-21 fiscal year.

Page 26 of 432 ends

Item 8.c.

City Council
Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports
April 12, 2022

Page 5 ends

The ACFR reports a General Fund total fund balance of $13.6 million. However, a small amount of the fund balance is considered non-spendable because it is held as inventory ($34,370). Additionally, $3 million is designated for completing capital projects or meeting other commitments in the future, including post-employment benefits. This leaves an unassigned balance of $7.9 million in the General Fund and $2.7 million in the Local Sales Tax fund. Of the $7.9 million in unassigned General Fund, Council assigned $1.75 million at the July 27, 2021, meeting for additional 2021 Street Repairs project utilization. The City’s Fiscal Policy establishes the maintenance of a fund balance reserve goal of 20% of expenditures with a minimum of 15% in the General Fund. At the conclusion of Fiscal Year 2020-21, the reserve, based on available General Funds, was 48% and exceeded the City’s reserve goal.

Single Audit
The City’s independent auditor, Moss, Levy & Hartzheim, LLP, completed the Single Audit of federal awards for fiscal year ended June 30, 2021. The auditors opined that the City complied, in all material respects, with requirements that could have a direct and material effect on each of its major federal programs for the fiscal year ended June 30, 2021.

There was one finding issued related to bank reconciliations being performed in a timely manner. The City will implement bank reconciliation controls to ensure that bank/investment statements be fully reconciled on a monthly basis.

The City provided the following list of federal funding expenditures as of June 30, 2021:

General Fund
Local Sales
Tax Fund OPEB Total
Beginning Fund Balance 7/1/20 $ 5,843,922 $3,823,113 $ 795,715 $ 10,462,750 Revenues 18,644,382 2,637,642 136,667 $ 21,418,691
Expenditures (16,533,124) (1,699,261) - $ (18,232,385)
Net Change in Fund Balance $ 2,111,258 $ 938,381 $ 136,667 $ 3,186,306 Fund Balance:

Nonspendable $ 34,370 $ - $ - $ 34,370
Assigned for capital projects - 2,059,601 - 2,059,601
Assigned for post employment benefits - - 914,777 914,777 Unassigned 7,938,416 2,701,892 - 10,640,308
Ending Fund Balance, 6/30/21 $ 7,972,786 $4,761,493 $ 914,777 $ 13,649,056

Page 27 of 432 ends

Item 8.c.

City Council
Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports
April 12, 2022

Page 6 ends

The City’s independent auditor, Moss, Levy & Hartzheim, LLP also completed the Audit Report for the Transportation Development Act Transportation Fund. The auditors opined that the City complied, in all material respects, with requirements that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021. There were no findings issued or questioned costs.

The Audit Report for the Transportation Development Act (TDA) Transportation Fund contained two reports. The California Code of Regulations, Title 21, sections 6661 and 6751, requires Local Transportation Fund and State Transit Assistance Fund recipients to submit a fiscal audit report to the State Controller’s Office annually. The first is for the Transportation Fund, which is a special revenue fund of the City. The Transportation Fund Audit reflected that the City’s allocations under Article 8, Section 99400(a) for the fiscal year ended June 30, 2021, was $432,961. The City’s allocations under Article 3, Section 99233.3 for the fiscal year ended June 30, 2021, was $13,198. The City's allocation of the TDA Funds are used to support the Streets program that maintains the all city streets, right-of-ways, and sidewalks.

Audit Report for the Transportation Development Act Transportation Fund The third report is for the Local Transportation Fund, which is also a special revenue fund of the City. The Local Transportation Fund Audit reflected that the City’s allocations under Section 99400(c) for the fiscal year ended June 30, 2021, was $15,000. The City of Arroyo Grande entered into a joint-powers agreement with the Cities of Grover Beach, Pismo Beach, Atascadero, Morro Bay, El Paso De Robles, San Luis Obispo, and the County of San Luis Obispo for the purposes of forming a joint-powers agreement with full power and authority to own, operate and administer a countywide public transportation system.

The City's allocation of the Local Transportation Fund is distributed by the County directly to the San Luis Obispo Regional Transit Authority and therefore, all of the accounting of this joint-powers agency is maintained by the San Luis Obispo Regional Transit Authority.

Project List Project Name Total Expenditures
350.5608 Bridge Street Rehab $ 5,516,865.65
350.5614 Bridge Street Habitat 154,343.12
350.5679 Traffic Way Bridge 289,217.56
250.4819 CDBG 168,801.56
010.4820 CoronaVirus Relief Fund (CARES Act) 218,384.00 $ 6,347,611.89
City of Arroyo Grande
List of Federal funding of expenditures
As of June 30, 2021

Page 28 of 432 ends

Item 8.c.

City Council
Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports
April 12, 2022

Page 7 ends

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

Receive and file the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports; Provide other direction to staff.

ADVANTAGES:

By receiving and filing these reports, the City will be accepting the auditors’ unqualified opinion. As mentioned above, an unqualified opinion assures the reader that the information presented in the reports fairly represents the financial position of the City.

DISADVANTAGES:

There are no disadvantages in relation to the recommended action.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Annual Comprehensive Financial Report and Independent Auditors’ Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards

2. Single Audit

3. Transportation Development Act Transportation Fund Reports

Page 29 of 432 ends

ATTACHMENT 1 - ACFR FY 2020-21
Available as a link:
http://www.arroyogrande.org/ArchiveCenter/ViewFile/Item/880 Attachments 1 - 3
ATTACHMENT 2 - Single Audit FY 2020-21
Available as a link:
http://www.arroyogrande.org/ArchiveCenter/ViewFile/Item/886 ATTACHMENT 3 - TDA Report FY 2020-21
Available as a link:
http://www.arroyogrande.org/ArchiveCenter/ViewFile/Item/885

Page 30 of 432 ends

Item 8.d.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration of Cancellation of July 12, 2022 City Council Meeting DATE: April 12, 2022
SUMMARY OF ACTION:

Cancellation of the July 12, 2022 City Council meeting.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is minimal cost savings due to reduced staff time associated with agenda and meeting preparation.

RECOMMENDATION:

Cancel the regularly scheduled Council meeting of July 12, 2022.

BACKGROUND:

On August 14, 2007, the City Council considered the concept of establishing a policy of designating a summer month for cancellation of Council meetings. The purpose was to designate a month that would be “dark” from Council meetings in the summer so the City Council and staff could coordinate their vacations during this period. Staff recommended the month of July because it was the only full month in which school is not in session and because it includes the July 4th holiday.

ANALYSIS OF ISSUES:

The City Council meets twice a month on the second and fourth Tuesdays. When the Council considered the policy of designating a summer month for cancellation, concerns were expressed regarding the impact on other meeting agendas and potential delays to important items. Therefore, it was suggested that one meeting be cancelled in July as a compromise. The City Council concurred and a policy was established to cancel the first meeting in July of each year. It is recommended that this policy be observed this year by cancelling the July 12th meeting.

Page 31 of 432 ends

Item 8.d.

City Council
Consideration of Cancellation of July 12, 2022 City Council Meeting April 12, 2022

Page 2 ends

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Cancel the July 12, 2022 City Council Meeting;

2. Cancel the July 26, 2022 City Council Meeting;

3. Do not cancel any meetings in July 2022;

4. Direct staff to make changes to the current policy; or

5. Provide other direction to staff.

ADVANTAGES:

Cancelling the July 12, 2022 meeting provides the City Council and staff an opportunity to plan a vacation during the summer months without being absent from a meeting or being concerned about missing an item that is important for their vote or input.

DISADVANTAGES:

Cancellation of a regular meeting may result in heavier agendas at the prior and following meetings.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Page 32 of 432 ends

Item 8.e.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board
DATE: April 12, 2022
SUMMARY OF ACTION:

Appointment of Sean Schuur and Myraline Morris Whitaker to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board consistent with the recommendation of the South County Chambers of Commerce (Chamber).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial or staffing impact from the recommended action.

RECOMMENDATION:

Appoint Sean Shuur and Myraline Morris Whitaker to the Arroyo Grande Tourism Business Improvement District Advisory Board.

BACKGROUND:

The AGTBID Advisory Board was formed in 2013 to provide revenue to defray the costs of services, activities and programs to market and promote lodging businesses in the City through the promotion of scenic, recreational, cultural and other attractions.

The AGTBID Advisory Board is responsible for advising the City Council in the administration and use of the assessment funds and to support the efforts of the City’s consultants to promote tourism to directly benefit the City’s lodging industry. At its inception, the AGTBID Advisory Board consisted of three (3) members from the lodging industry. On February 13, 2018, the Council approved an amendment to the AGTBID Bylaws amending the AGTBID Board membership to a minimum of three (3) but not more than nine (9) members, 2/3rds of which shall be owners of lodging businesses within the AGTBID or others with knowledge of tourism and/or the lodging industry.

Page 33 of 432 ends

Item 8.e.

City Council
Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board
April 12, 2022

Page 2 ends

ANALYSIS OF ISSUES:

There are currently three members on the AGTBID Advisory Board. Board Members Greg Steinberger and Vivian Krug both served on the Board since 2018 until their terms expired on February 13, 2022. In the event of a vacancy on the Advisory Board, applications may be submitted to the City Clerk’s office. The Clerk’s office forwards the applications to the South County Chambers of Commerce (SCCC) for consideration and possible recommendation for appointment by the City Council. Applications not recommended for appointment remain active for two years and possible consideration in the future.

Sean Schuur has expressed interest in serving on the Board and has submitted an application. Mr. Schuur owns and operates a vacation rental in Arroyo Grande and is an active member of the community. Mr. Schuur owns Sure Mortgage Solutions in Arroyo Grande, and is a member of various community organizations serving Arroyo Grande and the South County region.

Myraline Morris Whitaker has expressed interest in serving on the Board, and submitted an application. Ms. Whitaker has over 30 years of experience working in the hospitality industry, including owning a hospitality management company. She is also an active member of the community including being a board member of the California Lodging Association and the Pismo Beach Hospitality Association.

Mr. Schuur and Ms. Whitaker’s applications were reviewed by the SCCC for consideration of possible appointment. Upon review completion, the SCCC submitted letters of recommendation for Mr. Schuur and Ms. Whitaker to be appointed to the AGTBID Advisory Board by the City Council.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Appoint Sean Schuur and Myraline Morris Whitaker to the AGTBID Advisory Board;

2. Do not appoint Sean Schuur and/or Myraline Morris Whitaker to the AGTBID Advisory Board and solicit other applicants; or

3. Provide other direction to staff.

ADVANTAGES:

The appointments will fill vacancies on the AGTBID Advisory Board.

DISADVANTAGES:

No disadvantages have been identified regarding this item.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

Page 34 of 432 ends

Item 8.e.

City Council
Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board
April 12, 2022

Page 3 ends

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Application – S. Schuur

2. Application – M. Whitaker

3. Letter of Recommendation – S. Schuur

4. Letter of Recommendation – M. Whitaker

Page 35 of 432 ends

ATTACHMENT 1

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Page 37 of 432 ends

RECEIVED
CITY OF ARROYO GRANDE MAR 15 2022
"List of Citizens to Serve"
300 East Branch Street
Arroyo Grande, CA 93420

CITY CLERK'S OFFICE

CITY OF ARROYO GRANDE
...

Application to Board, Committee, or Commission

PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may maike more than one selection):
_Planning Commission
LTourism Business Improvement District Advisory Board
_--_Downtown Parking-Advisory-Board
_Architectural Review Committee
_Special committees/ subcommittees
************************************************************************************ Date of Application_0_3/_0_9/_2_02_2 ____ _
Name Whitaker
Last
Home Address
Myraline Morris
First
Home or Cell Phone Business Phone (805) 2[41, /~3 9::-
E-mail address (Optional)_ ____________ _
Do you reside within the City limits of Arroyo Grande? Yes 00 Are you a registered voter? Yes 00 No D
Occupation_H_o_te_li_er ___________________ _
Employer_R_e_ti_re_d ____________________ _
Education (Include professional or vocational licenses or certificates) California State University, Los Angeles BA
Syracuse University, MA
No □
Community involvement (List organization memberships and committee assignments) California Lodging Association, Board Member
Pisry,o Beach Hospitality Association, Member
Local Chamber of Commerces, Member
Please describe any background, training, education or interests that qualify you as an appointee 30 plus years in the hospitality industry in California. First hospitality job was in a 5 Star 5 Diamond Hotel right after college. Managed Martin Resorts as the Chief Operating Officer from 2005-2008. Started my own Hospitality Management Company in 2009. Managed two hotels in Pismo Beach and one in Morro Bay. Sold the company in 2021. (Please attach additional pages if necessary)
\
(PLEASE COMPLETE THE REVERSE SIDE OF THIS FORl\i1'
ATTACHMENT 2

Page 38 of 432 ends

What do you see as the objectives and goals of the advisory board, committee or commission for which you are applying?
See attached
Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE.

Carol Kerwin Phone: Name: ______________ Address: ______ . · Preston Allen . Ph Name: _________ __,Address: one:

Kendra Paulding Phone: Name: _________ __,Address: _ ______ .

Current meeting schedules are indicated below:

Planning Commission, l st and 3rd Tuesday of each month, 6:00 p.m.

Downtown Parking Advisory Board, meets as needed
Architectural Review Committee, l st Monday at 2:30 p.m. and 3rd Monday at 2:30 p.m. each month Tourism Business Improvement District (TBID) Advisory Board, last Monday of each month, 3:30 p.m.

Are you willing to commit to the time necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes 00 No D
I hereby declare that the foregoing information is true and complete to the best of my knowledge and /~Date
Notice to Applicants:

1. Applicants appointed by the City Council are required to take an Oath of Office.

2. State law and the City's Conflict of Interest Code requires that Board Members, Committee Members, and Commissioners file Statements of Economic Interests (Form 700) upon assuming office, annually, and upon leaving an appointed office (e.g. sources of income, loans, gifts, investments, interests in real property within the City).

3. This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California Public Records Act.

4. Applications will remain active and on file for one (1) year.

Please return cpmpleted Application to:

CITY CLERK'S OFFICE
· 300 East Branch Street
Arroyo Grande CA 93420

Page 39 of 432 ends

Goals should be three fold.

1. Convince Arroyo Grande business owners that Tourism is good for them. Too often residents complain about the
"tourist season". I once saw a bumper sticker here, saying, "If it's tourist season, why can't we shoot them?" Our
residents should understand the true value of Tourism. The Transient Occupancy Tax (TOT) monies collected from
hotel visitors mean a great deal to a community such as Arroyo Grande. Without those "pesky tourists", the
general cost of living in Arroyo Grande would be higher. In most communities, TOT funds go towards improving
and/or building infrastructure for the city. Also, some TOT funds should be spent on further marketing Arroyo Grande as an important tourist destination.

2. Stimulate Arroyo Grande as a specific tourist destination within San Luis Obispo County. Market attractions the
city has to offer, such as wineries, shopping in the charming Historic Village, and the array of productions at the Clark Center. Have docents host walking tours of the Village and speak of its colorful history. Some years ago, as I was speaking at an An-oyo Grande City Council meeting, I
made the mistake of referring to it as a "city". I was
immediately corrected by the then Mayor who said,
"Arroyo Grande is not a city, it is a charming historic · village". If so, fine, then let's market a story of the Charming Historic Village.

3. Determine why guests are staying al their specific Arroyo - -- ------ Grande hotels, access to wine country, beach, couples'
retreats, family vacation, business. Build programs around what the guests most wish to do and see in Arroyo Grande.

All hotels should have collateral material containing
information for all these options. Make sure the Arroyo Grande collateral material at the California Welcome
Center is current, and is visited by staff regularly. We don't wish to be the "Out of Sight, Out of Mind" destination.

Page 40 of 432 ends

March 16, 2022
To the City Council of Arroyo Grande,
I recommend Sean Schuur, an airbnb operator and business owner in Arroyo Grande, as a candidate for the AGTBID Board of Directors. Sean owns an airbnb located at 214 N. Rena St. in Arroyo Grande. He is also the owner of Sure Mortgage Solutions in Arroyo Grande. Sean served as the Chair of the Board of Directors for South County Chambers of Commerce in recent years. He is very involved in the community through various organizations and was named Citizen of the Year for Arroyo Grande and Nipomo. In addition to his Arroyo Grande rental property, Sean also owns a vacation rental in Oceano and a hotel out of state. His knowledge of the tourism industry—combined with his financial expertise—will be an asset to the Arroyo Grande Tourism Business Improvement District Board of Directors.

Please do not hesitate to call me at (805) 489-1488 with any questions.

Sincerely,
Nicole Moore
Interim CEO
South County Chambers of Commerce
[email protected]
ATTACHMENT 3

Page 41 of 432 ends

March 16, 2022
To the City Council of Arroyo Grande,
I recommend Myraline Morris, a resident of Arroyo Grande, as a candidate for the AGTBID Board of Directors. As a newly retired, local hotelier, she brings over 30 years of hospitality industry experience to this position. I have had the privilege to work for Myraline at SeaCrest Oceanfront Hotel for over 10 years and consider her a local tourism expert. She understands the value of tourism to Arroyo Grande and is passionate about helping local residents understand the positive impact tourism dollars contribute to our community. I am confident Myraline will be an asset to the Arroyo Grande Tourism Business Improvement Advisory Board.

Please do not hesitate to call me at (805) 489-1488 with any questions.

Sincerely,
Nicole Moore
Interim CEO
South County Chambers of Commerce
[email protected]
ATTACHMENT 4

Page 42 of 432 ends

Item 8.f.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting
DATE: April 12, 2022
SUMMARY OF ACTION:

Approval of a Council rotational schedule for attendance at the South County Chambers of Commerce monthly Arroyo Grande Business Meeting.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no fiscal impact from this action.

RECOMMENDATION:

Consider and approve the list of City Council rotational assignments for attending the South County Chambers of Commerce monthly Arroyo Grande Business Meeting.

BACKGROUND:

The South County Chambers of Commerce (“Chamber”) is an organization that serves business members in Arroyo Grande, Avila Beach, Grover Beach, Nipomo, Oceano, and Pismo Beach. The Chamber offers its members the ability to make connections with other members, stay informed of local issues, and promote their businesses. The Chamber is committed to developing and maintaining a vital and thriving economy through its efforts to promote the community, provide networking opportunities, represent the interests of business with government, and take action on behalf of businesses on various businessrelated issues.

The Chamber oversees various member-driven committees and steering committees.

Active committees include Ambassadors, Marketing and Beautification, Governmental Affairs, and Special Events. In addition, monthly Local Business Meetings are currently held for Arroyo Grande, Grover Beach, Pismo Beach, and Nipomo. The Arroyo Grande Business Meetings are being held on the 3
rd Thursday of the month from 8:30 a.m. to
9:30 a.m. and are dark in November and December.

Page 43 of 432 ends

Item 8.f.

City Council
Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting
April 12, 2022

Page 2 ends

ANALYSIS OF ISSUES:

Council Member Storton currently serves as the Council appointed representative on the Chamber’s Governmental Affairs Committee. At the City Council’s March 22nd meeting, Council Member Storton referred to the Chamber’s Local Business Meetings that are held monthly for Arroyo Grande businesses. He noted that, while he is not assigned to attend the Arroyo Grande Business Meeting, he and other Council members have tried to attend the monthly meetings, though there is no established Council attendance schedule. He suggested that a schedule be created through December 2022 to assign a Council Member to attend the monthly Arroyo Grande Business Meeting on a rotating basis.

Mayor Pro Tem George concurred. Following Council comments, staff was directed to place this matter on a future agenda for consideration of a rotational schedule. Mayor Ray Russom and Council Member Barneich commented that they are not able to attend these meetings due to prior commitments at the same time.

A rotational list between Mayor Pro Tem George, Council Member Paulding and Council Member Storton has been prepared (Attachment 1) and is presented to the Council for review and approval at this time.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve the list of City Council rotational assignments for attending the monthly South County Chambers of Commerce Arroyo Grande Local Business Meeting;

2. Modify and approve the list of City Council rotational assignments for attending the monthly South County Chambers of Commerce Arroyo Grande Local Business Meeting; or

3. Provide other direction to staff.

ADVANTAGES:

Approval of the rotational list will provide an opportunity for all members of the City Council to attend the Chamber’s monthly Arroyo Grande Local Business Meeting.

DISADVANTAGES:

No disadvantages are identified.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Page 44 of 432 ends

Item 8.f.

City Council
Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting
April 12, 2022

Page 3 ends

Attachments:

1. Proposed Schedule of Council Rotation Assignments

Page 45 of 432 ends

ATTACHMENT 1

PROPOSED SCHEDULE OF COUNCIL ROTATIONAL ASSIGNMENTS

SOUTH COUNTY CHAMBERS OF COMMERCE

ARROYO GRANDE BUSINESS MEETING SCHEDULE
Date Time Council Attendee
April 21, 2022 8:30 a.m. – 9:30 a.m. Paulding
May 19, 2022 8:30 a.m. – 9:30 a.m. George
June 16, 2022 8:30 a.m. – 9:30 a.m. Storton
July 21, 2022 8:30 a.m. – 9:30 a.m. Paulding
August 18, 2022 8:30 a.m. – 9:30 a.m. George
September 15, 2022 8:30 a.m. – 9:30 a.m. Storton
October 20, 2022 8:30 a.m. – 9:30 a.m. Paulding
November 2022 Dark N/A
December 2022 Dark N/A

Page 46 of 432 ends

Item 8.g.

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District DATE: April 12, 2022
SUMMARY OF ACTION:

The Ordinance adds Chapter 2.21 to the Arroyo Grande Municipal Code (“AGMC”) to establish by-districts elections for four Council Members.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial impact from adopting the Ordinance. However, transitioning to district elections required the City to retain the services of a demographer. The cost of such services are projected to be approximately $24,000 and have been budgeted in the FY 2021-2023 Biennial Budget.

RECOMMENDATION:

BACKGROUND:

On October 2, 2019, the City received a Notice of Violation (‘NOV”) of the California Voting Rights Act (“CVRA”) and accompanying documentation from attorney Robert Goodman on behalf of his client, Maria Minicucci, alleging that the City’s use of an at-large election system created racially polarized voting in violation of the CVRA. On October 22, 2019, the City Council adopted a Resolution declaring its intent to transition from at-large to district-based elections by November 8, 2022, and authorized a settlement agreement with Ms. Minicucci.

Pursuant to Elections Code Section 10010, the City conducted its first two public hearings on July 27, 2021, and August 10, 2021, prior to drafting maps of proposed districts. At the July 27th hearing, the City’s demographer, National Demographics

Page 47 of 432 ends

Item 8.g.

City Council
Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District
April 12, 2022

Page 2 ends

Corporation (NDC) provided a general overview of the districting process and Council received initial public input on communities of interest and approved the timeline for developing and approving a Council district map. At the August 10th hearing, NDC and staff provided further information on the districting process and outreach initiatives.

Council received further input from the public on a list of neighborhoods and communities of interest to consider in the district map-drawing process. NDC’s staff led two public workshops conducted in the Fall of 2021 to assist in the map drawing process and evaluated each of the maps submitted for compliance with applicable laws. All maps collected from the public by the February 8, 2022 deadline were posted on the City’s website on February 15, 2022.

A third public hearing was held on February 22, 2022, to review draft maps submitted by the public and NDC. At that hearing, Council heard an update from staff and a presentation from NDC regarding the map-drawing process, public map submissions, and the legal requirements for developing a district-based election system. After Council discussion, Plan 902, as originally submitted, was selected for further consideration at the next public hearing. Council also selected Plans 202, 902, and 903 for further consideration with requested modifications. In total, Council requested four (4) maps for consideration at the next public hearing. These four maps were posted on the City’s website on March 1, 2022, at www.arroyogrande.org/districtelections. Council also discussed a proposed election sequence, as required by the Election Code. The Council concurred that the public be provided time to review final map selections and discuss the election sequence further at the next public hearing.

A fourth of four required public hearings was held on March 8, 2022, to discuss the four maps selected for further consideration at the previous public hearing, including the modifications requested on three of the maps. Council also discussed district numbering and election sequencing. Council concurred that the proposed numbering of districts was clear and should remain the same. Following discussion and hearing public input, a majority of the Council selected Plan 202 Mod and an election sequence as follows:
 District 1 and District 4 up for election this November 2022; and  Districts 2 and 3 up for election in 2024.

Sequencing of the elections by district does not impact the ability of seated Council members to serve out the remainder of their existing terms of office.

On March 22, 2022, Council held a fifth public hearing to receive input on the final map selection and election sequencing and introduced an ordinance establishing by-district elections for four Council members, defining district boundaries, and scheduling an election sequence. The proposed ordinance, Attachment 1, reflected the Council’s

Page 48 of 432 ends

Item 8.g.

Page 3 ends

direction on March 8, 2022 and adds Chapter 2.21, “Elections” to Title 2, Administration and Personnel, to the AGMC.

ANALYSIS OF ISSUES:

The Ordinance is now ready for adoption. The Ordinance will become effective thirty days after final passage.

The Ordinance must be adopted by April 17, 2022, and district information forwarded to the County Clerk-Recorder by April 22, 2022.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Adopt the Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code establishing by-district elections for four Council members, defining district boundaries, and scheduling the order of elections for each district; or

2. Provide other direction to staff.

ADVANTAGES:

Adopting the Ordinance will meet the map adoption deadline of April 17, 2022.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

Adoption of this Ordinance is exempt from environmental review as the adoption of this Ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act, under Public Resource Code Section 21065 and CEQA Guidelines Section 15320, 15378, and 15061(b)(3), as there is no possibility that such action would cause either a direct, or reasonably foreseeable indirect, physical change in the environment.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. A Summary of the Ordinance was published in the Newspaper in accordance with Government Code Section 40806.

Page 49 of 432 ends

Item 8.g.

Page 4 ends

Attachments:

1. Proposed Ordinance

2. March 22, 2022 Staff Report

3. March 8, 2022 Staff Report

4. February 22, 2022 Staff Report

5. August 10, 2021 Staff Report

6. July 27, 2021 Staff Report

Page 50 of 432 ends

ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2

OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE

ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR

COUNCIL MEMBERS, DEFINING DISTRICT

BOUNDARIES, AND SCHEDULING THE ORDER OF

ELECTION FOR EACH DISTRICT
WHEREAS, the City of Arroyo Grande (“City”) currently elects four (4) Council members and one (1) Mayor using an at-large election system; and WHEREAS, in response to threatened litigation regarding alleged non-compliance with the California Voting Rights Act (“CVRA”), the City Council of the City of Arroyo Grande (“City Council”) has determined that it is in the best interest of the City to shift from its current at-large election system to a by-district election system for four (4) Council members and to continue electing the mayor at-large; and WHEREAS, on October 22, 2019 the City Council adopted Resolution No. 4949, declaring the City’s intention to transition from at-large to district-based elections for Council members pursuant to Elections Code Section 10010; and WHEREAS, California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to require the members of the legislative body to be elected by district with an elective mayor; and WHEREAS, pursuant to California Government Code section 34886, it is declared that the purpose of this change in the method of electing Council members is to further the purposes of the California Voting Rights Act of 2001, (California Elections Code section 14025 et seq.) and implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and
WHEREAS, the City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps; and
WHEREAS, in accordance with Elections Code section 10010, the City Council held two (2) public hearings to obtain input on proposed district boundaries on July 27, 2021 and August 10, 2021; and
WHEREAS, the City conducted public workshops on September 18, 2021 and October 28, 2021 on the proposed district maps and made presentations to eight (8) community organizations; and

Page 51 of 432 ends

ORDINANCE NO.

PAGE 2
WHEREAS, on February 15, 2022, the City posted all draft maps submitted by the public on its website for public review; and
WHEREAS, on March 1, 2022, the City posted four (4) Council-selected focus district maps prepared by its demographer on its website for public review; and WHEREAS, at its regular meetings on February 22, 2022, March 8, 2022 and March 22, 2022, the City Council held three (3) additional public hearings at which the public was invited to provide input regarding the draft maps and the sequence of district elections; and
WHEREAS, at its March 8, 2022, meeting, the City Council provided direction to staff to bring back this Ordinance with a designated draft district map for the consideration of the City Council; and
WHEREAS, on March 22, 2022, the City Council introduced, read by title, and waived further reading of this Ordinance; and
WHEREAS, the City Council has satisfied all legal prerequisites to the enactment of this Ordinance; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of Council members bydistrict in four (4) single-member districts, as reflected in Exhibit A to this Ordinance, and the election of a Mayor by an at-large election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Chapter 2.21 entitled “Elections” is hereby added to Title 2 of the City of Arroyo Grande Municipal Code.

SECTION 3. At-Large Election of Mayor. Section 2.21.010 of Chapter 2.21 is hereby added to Title 2 of the City of Arroyo Grande Municipal Code to read as follows:

At-Large Election of Mayor.

The mayor shall be elected at-large and have a term of two (2) years. At a general municipal election in 1982, the voters determined to have an elected mayor who should serve a term of two (2) years.

Page 52 of 432 ends

ORDINANCE NO.

PAGE 3
SECTION 4. By-District Elections. Section 2.21.020 is hereby added to Chapter 2.21 of Title 2 of the City of Arroyo Grande Municipal Code to read as follows:

By-District Elections of Council members.

A. Pursuant to California Government Code section 34886, four (4) members of the City Council of the City of Arroyo Grande shall be elected by-district in separate single-member districts.

1. Members of the City Council shall be elected in the electoral districts established by subdivision B of this Section, as may be subsequently reapportioned pursuant to State law. Elections shall take place “by district” as that term is defined in California Government Code section 34871, meaning one Council member shall be elected from each district, by the voters of that district alone.

2. Any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. Any Council member elected or appointed to the seat of a specific district must reside in that district and be a registered voter in that district for his or her full term of office.

3. Termination of residency in a district by a Council member shall create a vacancy for that City Council district unless a substitute residence within the district is declared and established within thirty (30) days after the termination of residency.

4. Notwithstanding any other provision of this section, the Council members in office at the time this section takes effect shall continue in office until the expiration of the term to which they were elected. In the event a vacancy occurs during a Council member’s term, the vacancy shall be filled pursuant to the provisions of Government Code section 36512 (b).

B. City Council Districts and District Elections. Four (4) Council members shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Arroyo Grande District Map’ attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2022, and every four (4) years thereafter, the following two (2) City Council districts shall be elected by-district: District 1 and District 4. In 2024, and every four (4) years thereafter, the following two (2) City Council districts shall be elected by-district: District 2 and District 3.

C. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.

Page 53 of 432 ends

ORDINANCE NO.

PAGE 4
SECTION 5. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that a transition from at-large to by-district elections is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub.

Resources Code, §21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this Ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§15061(b)(3); 15378(b)(5).) In the event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, §15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines Section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the San Luis Obispo County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.

SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.

SECTION 8. Publication. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk.

Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.

On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit:

AYES:

NOES:

ABSENT:
the foregoing Ordinance was adopted this 12th day of April, 2022.

Page 54 of 432 ends

ORDINANCE NO.

PAGE 5
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________

WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY

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ORDINANCE NO.

PAGE 6

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ITEM 8.g.:

Attachment 2 – March 22, 2022 Staff Report
Attachment 2 is available as a link: https://pubarroyogrande.escribemeetings.com/filestream.ashx? DocumentId=1810
Attachment 2

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ITEM 8.g.:

Attachment 3 – March 8, 2022 Staff Report
Attachment 3 is available as a link: https://pubarroyogrande.escribemeetings.com/filestream.ashx?DocumentId=1635 Attachment 3

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ITEM 8.g.:

Attachment 4 – February 22, 2022 Staff Report
Attachment 4 is available as a link: https://pubarroyogrande.escribemeetings.com/filestream.ashx?DocumentId=1421 Attachment 4

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ITEM 8.g.:

Attachment 5 – August 10, 2021 Staff Report
Attachment 5 is available as a link:
https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/11337?fileID=17380 Attachment 5

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ITEM 8.g.:

Attachment 6 – July 27, 2021 Staff Report
Attachment 6 is available as a link:
https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/11249?fileID=17361 Attachment 6

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MEMORANDUM
TO: City Council
FROM: Timothy J. Carmel, City Attorney
SUBJECT: Supplemental Information
Agenda Item 8.g. – April 12, 2022 City Council Meeting
Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District DATE: April 11, 2022
Attached is the revised Ordinance of the City Council of the City of Arroyo Grande, Adding Chapter 2.21 to Title 2 of the City of Arroyo Grande Municipal Code Establishing ByDistrict Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Election for Each District. Section 7 of the Ordinance has been corrected to reflect that it is effective immediately upon adoption, pursuant to Government Code section 36937(a). This is a non-substantive clerical change and the Ordinance does not need to be re-introduced.
cc: City Manager
City Clerk
Public Review Binder and City Website

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ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2

OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE

ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR

COUNCIL MEMBERS, DEFINING DISTRICT

BOUNDARIES, AND SCHEDULING THE ORDER OF

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ORDINANCE NO.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Chapter 2.21 entitled “Elections” is hereby added to Title 2 of the City of Arroyo Grande Municipal Code.

SECTION 3. At-Large Election of Mayor. Section 2.21.010 of Chapter 2.21 is hereby added to Title 2 of the City of Arroyo Grande Municipal Code to read as follows:

At-Large Election of Mayor.

The mayor shall be elected at-large and have a term of two (2) years. At a general municipal election in 1982, the voters determined to have an elected mayor who should serve a term of two (2) years.

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ORDINANCE NO.

PAGE 3
SECTION 4. By-District Elections. Section 2.21.020 is hereby added to Chapter 2.21 of Title 2 of the City of Arroyo Grande Municipal Code to read as follows:

By-District Elections of Council members.

A. Pursuant to California Government Code section 34886, four (4) members of the City Council of the City of Arroyo Grande shall be elected by-district in separate single-member districts.

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ORDINANCE NO.

SECTION 7. Effective Date. Pursuant to Government Code section 36937(a), this Ordinance shall take effect immediately upon adoption.

On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit:

AYES:

NOES:

ABSENT:
the foregoing Ordinance was adopted this 12th day of April, 2022.

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ORDINANCE NO.

PAGE 5
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________

WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY

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ORDINANCE NO.

PAGE 6

Page 68 of 432 ends

1 Item 8.h.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
March 22, 2022, 6:00 p.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 E Branch Street, Arroyo Grande, CA 93420
Webinar ID: 832 5584 8846
By Telephone: 1-669-900-6833; 1-346-248-7799
Council Members Present: Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council
Member Storton, Mayor Pro Tem George
Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine,
Community Development Director Brian
Pedrotti, Acting Planning Manager Andrew
Perez, Assistant Planner Patrick Holub
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.

Brown Act, this meeting was held by teleconference.
_____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.

2. ROLL CALL
City Clerk Matson took roll call.

3. MOMENT OF REFLECTION

4. FLAG SALUTE
Jim Gregory, I.O.O.F. Lodge 258, led the flag salute.

5. AGENDA REVIEW
Mayor Ray Russom suggested that the Council hear the following items out of order after Item 8: Item 12 Council Reports, Item 13 Council Communications, followed by Items 9.a., 11.b. and then 11.a. The Council concurred.

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2 Item 8.h.

5.a. Closed Session Announcements
a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957:

Title: City Manager
City Attorney Carmel announced that there was no reportable action.

5.b. Ordinances read in title only
Moved by Mayor Ray Russom
Seconded by Mayor Pro Tem George
Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived.

AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George
Passed (5 to 0)

6. SPECIAL PRESENTATIONS

6.a. Update Regarding Countywide COVID-19 Efforts
City Manager McDonald provided a brief update on COVID-19.

Mayor Ray Russom invited public comment. No public comments were received.

No action was taken on this item.

6.b. City Manager Communications
City Manager McDonald announced that the City has hired Christina Alvarez as the Community Services Specialist; provided information regarding the Strother Park Public Art Project Ribbon Cutting Ceremony, sports leagues returning to Soto Sports Complex, Recreation Services' Bunny Gram Program; and discussed upcoming items for Council consideration.

Mayor Ray Russom invited public comment. No public comments were received.

No action was taken on this item.

6.c. Honorary Proclamation Declaring the Month of April 2022 as "Month of the Child" and “Child Abuse Prevention Month”
Mayor Ray Russom read the Honorary Proclamation Declaring the Month of April 2022 as "Month of the Child" and "Child Abuse Prevention Month". Jaime Sanbonmatsu, accepted the proclamation.

Mayor Ray Russom invited public comment. Speaking from the public was Lisa Fraser. No further public comments were received.

No action was taken on this item.

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3 Item 8.h.

7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Dale Anthem, Krista Jeffries, and Simone. No further public comments were received.

8. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. There were none.

Mayor Ray Russom invited public comment. No public comments were received.

Moved by Council Member Barneich
Seconded by Council Member Storton
Approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in item 8.d.

AYES (5): Mayor Ray Russom, Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George
Passed (5 to 0)

8.a. Consideration of Cash Disbursement Ratification
Ratified the listing of cash disbursements for the period of February 16 through February 28, 2022.

8.b. Approval of Minutes
Approved the minutes of the Regular City Council Meeting of March 8, 2022 and Special City Council Meeting of March 11, 2022, as submitted.

8.c. Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3)
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT GOVERNMENT CODE SECTION 54953(e)".

8.d. Consideration of Adoption of an Ordinance Amending Chapter 8.08 of Title 8 of the Arroyo Grande Municipal Code Regarding the Sale and Discharge of Class C (“Safe and Sane”) Fireworks
Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 8.08 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE DISCHARGE OF “SAFE AND SANE” FIREWORKS".

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4 Item 8.h.

8.e. Consideration of Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Terminating the Emergency Declaration for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12
1) Received and filed the final report of the emergency storm drain system repairs project at 251 East Grand Avenue; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF ARROYO GRANDE TERMINATING THE EMERGENCY DECLARATION FOR REPAIRS TO THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE".

8.f. Monthly Water Supply and Demand Update
Received and filed the monthly Water Supply and Demand Report.

9. PUBLIC HEARINGS
The Council heard Item 12 next followed by Item 13.

9.a. Public Hearing on the Establishment of a District-Based Election System and Introduction of an Ordinance Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District
City Clerk Matson introduced the item and Daniel Phillips, Consultant with National Demographics Corporation, provided a presentation regarding the process for transitioning to District Elections.

Mayor Ray Russom opened the public hearing. Speaking from the public was Jim Guthrie.

Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.

Moved by Council Member Storton
Seconded by Mayor Pro Tem George
Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2 OF THE CITY OF ARROYO

GRANDE MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR

COUNCIL MEMBERS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING THE ORDER OF ELECTION FOR EACH DISTRICT", and clarified the selection of Plan 202 Mod, with an election sequence of Districts 1 and 4 in November 2022 and Districts 2 and 3 in 2024.

AYES (4): Council Member Paulding, Council Member Barneich, Council Member Storton, and Mayor Pro Tem George
NOES (1): Mayor Ray Russom
Passed (4 to 1)

10. OLD BUSINESS
None.

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5 Item 8.h.

11. NEW BUSINESS
The Council heard Item 11.b. next.

Mayor Ray Russom called for a brief break at 8:55 p.m. The Council reconvened at 9:03 p.m. and returned to Item 11.a.

11.a. Study Session Regarding Short Term Rentals (Vacation Rentals and Homestays) and Potential Revisions to the City’s Short Term Rental Ordinance City Attorney Carmel commented on the Fair Political Practices Commission's (FPPC) advice regarding the conflicts of interest for Mayor Ray Russom, Mayor Pro Tem George, Council Member Storton, and Council Member Barneich.

City Clerk Matson explained the process for randomly drawing straws to determine which two of the conflicted Council members may hear the item. Mayor Ray Russom, Mayor Pro Tem George, and Council Members Barneich and Storton drew straws. Mayor Ray Russom and Council Member Storton drew the short straws and remained in the meeting to hear the item.

Mayor Pro Tem George and Council Member Barneich left the meeting.

Community Development Director Pedrotti introduced the item and Assistant Planner Holub provided a presentation and responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public were John Keen, and Jim Guthrie. City Clerk Matson read into the record written comments received from Krista Jeffries.

No further public comments were received.

Council discussion ensued regarding staff recommendations.

At 10:52 p.m., Mayor Ray Russom stated that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m.

Mayor Ray Russom moved to continue the meeting to 11:10 p.m. Council Member Paulding seconded the motion, and the motion passed unanimously by voice vote.

Council directed staff to include a Short Term Rental buffer for homestays and vacation rentals; apply a cap of 120 vacation rentals; send the performance standards and parking standards sections of the Ordinance to Planning Commission for review; do not place approvals on a cancelled Planning Commission agenda; charge for mailing labels to notice neighbors; revoke permits if no Transient Occupancy Tax (TOT) is generated within a 12 month period; research a full service company to administer host compliance; add a section to the permit application where applicants can state they will provide contact information to neighbors each year; and create a process to notify the public regarding the number of current permits. Council also requested that staff bring back a discussion regarding administrative fines for violation of the Ordinance.

No action was taken on this item.

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6 Item 8.h.

11.b. Study Session for City Council to Provide Direction on a New Ordinance to Implement Senate Bill 9
Acting Planning Manager Perez presented the staff report. Acting Planning Manager Perez, Community Development Director Pedrotti and City Manager McDonald responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public was Rachel Mann, John Keen, and Jim Guthrie. City Clerk Matson read into the record written comments from Krista Jeffries. No further public comments were received. City Attorney Carmel and City Manager McDonald responded to questions from the public.

Council expressed support for the proposed draft Ordinance and staff recommendations including the prohibition of short term rentals and requiring undergrounding of utilities. Council directed staff to provide clarification in Section D of the draft Ordinance regarding parking, to leave the height restriction for further discussion, and requested the addition of a disclaimer regarding abiding by individual CCRs.

No action was taken on this item.

12. CITY COUNCIL REPORTS
The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative.

12.a. MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

2. South San Luis Obispo County Sanitation District (SSLOCSD)

3. Tourism Business Improvement District Advisory Board

4. Other

12.b. MAYOR PRO TEM GEORGE:

1. County Water Resources Advisory Committee (WRAC)

2. Visit SLO CAL Advisory Board

3. Other

12.c. COUNCIL MEMBER BARNEICH:

1. Audit Committee

2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

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7 Item 8.h.

12.d. COUNCIL MEMBER STORTON:

1. Brisco/Halcyon Interchange Subcommittee

2. Five Cities Fire Authority (FCFA)

3. Integrated Waste Management Authority Board (IWMA)

4. South County Chambers of Commerce Governmental Affairs Committee

5. Other

12.e. COUNCIL MEMBER PAULDING:

1. Air Pollution Control District (APCD)

2. Brisco/Halcyon Interchange Subcommittee

3. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT)

4. REACH SLO Advisory Commission

5. Other

13. COUNCIL COMMUNICATIONS
Council Member Storton discussed having a rotational schedule for the Arroyo Grande Business Meetings hosted by the South County Chambers of Commerce. Mayor Pro Tem George and Council Member Paulding concurred and stated that they would like to be included in the rotation.

14. CLOSED SESSION
None.

15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 11:08 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

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Item 8.i.

MEMORANDUM
TO: City Council
FROM: Michael T. Martinez, Chief of Police
Bill Robeson, Assistant City Manager/Public Works Director BY: Zak Ayala, Police Commander
Raul Juarez, Fleet Maintenance Coordinator
SUBJECT: Consideration to Declare Police and Public Works Surplus Property DATE: April 12, 2022
SUMMARY OF ACTION:

Authorize the disposal or sale of vehicles from the Police Department fleet and vehicles and equipment from the Public Works Department.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Upon sale of the surplus vehicles and equipment, the City will realize an increase in General Fund revenue. Minimal staff time will be necessary to assist with processing the necessary documentation to sell the vehicles and equipment through a surplus auction house or other municipal organization.

RECOMMENDATION:

Adopt a Resolution declaring the vehicles and equipment as surplus and authorize their sale or disposal.

BACKGROUND:

Police Department Surplus Vehicles
The City owns eight vehicles in the Police fleet that have outlived their usefulness. These include a pickup truck, a patrol canine (K9) SUV, a passenger car, a flatbed truck, and four Dodge Chargers.

The pickup truck is a 2015 Dodge Ram 3500 primarily assigned as a utility vehicle. This is the only vehicle in the fleet that is tow-rated to pull the Department’s DUI trailer safely.

This truck is not within the Department’s fleet leasing program and has been out of warranty for several years. The patrol K9 SUV is a 2017 Ford Explorer equipped and outfitted for use by a police canine. The vehicle does not have a traditional passenger compartment and is designed for the transportation and protection of a police service dog.

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Item 8.i.

City Council
Consideration to Declare Police and Public Works Surplus Property April 12, 2022

Page 2 ends

This vehicle cannot be utilized for patrol use in its current state due to features specific to the support of a police canine and the lack of a prisoner compartment. The Department does not have a police service dog and does not foresee re-implementing its canine program. The 2017 Ford Explorer is not within the Department’s fleet leasing program and is out of warranty. The Department would like to replace this canine patrol vehicle with a standard patrol vehicle in FY 2022-23. The passenger car is a 2005 Chevrolet Impala outfitted for use by the Police Volunteer program. The Chevrolet is not in the Department’s leasing program, is not covered by warranty, and is seeing increases in maintenance and logistical costs to remain operational due to its age. The four Dodge Chargers were replaced with Ford Explorers in FY 2021-22. They are no longer under warranty and have increased maintenance needs. Lastly the 2001 Ford F-550 flatbed truck is no longer needed and is out of warranty.

Public Works Surplus Vehicles and Equipment
The City owns two pieces of equipment and seven vehicles in the Public Works fleet that have outlived their usefulness and are recommended for surplus. These include a tractor, a wood chipper, and seven service/pickup trucks. The wood chipper would require retrofitting to meet current emission standards, and at this time, it is more beneficial to rent a chipper as the need arises until a new chipper can be purchased as planned in FY 2022-23. The Kubota tractor was purchased in January of 2003 and has since been replaced with a new Kubota tractor purchased in June of 2019. The service truck (PW36) is a 1977 Ford F-350 assigned to the mechanic’s shop. This truck is difficult to start and has started leaking fluids. Although this truck has only 54,664 miles, it requires significant and costly repairs that are well above its value.

The last set of (six) trucks recommended for surplus are a 1996 Ford F-250, originally purchased by the Streets Division, a 1996 Ford F-250, a 1997 Ford Ranger, three 2003 Ford F-150’s assigned to the Streets and Utilities Division, and a 2008 Dodge Dakota, formerly assigned to the Police Department and currently in Public Works. Each has various mechanical problems that make them unsafe to operate along with high mileage (100,000 to 140,475 miles and transmission issues).

The City’s Administrative Policy and Procedure C-006 states that replacement of equipment should consider the following criteria:

1. Condition of the equipment

2. Age of equipment (for autos – 5 years and/or 80,000 miles)

3. Maintenance history of the equipment
Award of Contract for Police and Public Works Fleet Leasing Program On July 27th, 2021, the City Council approved the purchase of six (6) unmarked 2021 Ford Explorer vehicles for use by the Police Department’s Administrative Staff and Detectives; and the purchase of two (2) marked 2021 police motorcycles for use by the Police Department’s Traffic Enforcement officers. The purchase of one (1) 2022 Ford F350 Truck with a service bed for the use of the City’s Fleet Maintenance Coordinator

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Item 8.i.

City Council
Consideration to Declare Police and Public Works Surplus Property April 12, 2022

Page 3 ends

and the purchase of one (1) 2022 Ford F-150 Truck for the use of the Public Works Department, Streets Division staff was also approved. All ten of the new vehicles approved on July 27th, 2021, have been purchased and are replacing older/out of warranty patrol vehicles and service trucks recommended for surplus.

ANALYSIS OF ISSUES:

The vehicles recommended for surplus, listed in Exhibit A, are outside of the Department’s leasing program, and are not under any warranty, leaving the Department to incur any ongoing maintenance costs. The current patrol fleet was to be replaced in FY 2021-22, but replacement was deferred for one year for financial savings to the City related to the COVID-19 pandemic.

The Public Works Department’s equipment and vehicle fleet is slowly and systematically being replaced. As the equipment and fleet ages, the cost of maintenance increases. The issues of age and cost of maintenance are applicable to each of the Public Works items, listed in Exhibit A. Due to Covid-19, it was not possible to utilize an auction service, which has been the most efficient and cost-effective way to surplus. Now that restrictions are easing, and the auction house is holding both online and in person auctions, it is possible to have the surplus property hauled away and auctioned off.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Adopt the Resolution declaring the vehicles as surplus and authorize their sale or disposal;

2. Do not adopt the Resolution; or

3. Provide other direction to staff.

ADVANTAGES:

Approving the recommended action will mitigate continued maintenance costs of older fleet vehicles and equipment. The City will realize General Fund revenues and remove unused and outdated inventory property.

DISADVANTAGES:

No disadvantages noted at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

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Item 8.i.

City Council
Consideration to Declare Police and Public Works Surplus Property April 12, 2022

Page 4 ends

Attachments:

1. Proposed Resolution

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE DECLARING VEHICLES AND

EQUIPMENT AS SURPLUS AND AUTHORIZING THEIR

SALE OR DISPOSAL
WHEREAS, the City of Arroyo Grande (“City”) owns the vehicles and equipment listed in Exhibit A; and
WHEREAS, these vehicles and equipment can be classified as surplus property and made available for sale to private parties, other municipalities, or disposed of.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby declare as surplus the vehicles and equipment described in Exhibit A attached hereto and incorporated herein, and authorizes staff to sell/dispose of said vehicles and equipment in compliance with authorized disposition procedures.

On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 12th day of April, 2022.

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RESOLUTION NO.

PAGE 2

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:

TIMOTHY J. CARMEL, CITY ATTORNEY

Page 81 of 432 ends

RESOLUTION NO.

PAGE 3

EXHIBIT A

SURPLUS VEHICLES AND EQUIPMENT AVAILABLE FOR SALE OR DISPOSAL 4-12-22
PUBLIC WORKS VEHICLES (7):

Vehicle # Year Make/Model Vin # License # Mileage
PW-36 1977 Ford F-350 F37HRY22180 E690048 54,664
PW-45 1996 Ford F-250 1FTHF25HOTEB57009 E020039 78,706
P-16 1997 Ford Ranger 1FTCR10A2VPB09513 051405 73,816
PW-60 2003 Ford F-150 1FTRX17W93KA48107 1142353 102,617 P-61 2003 Ford F-150 1FTRX17W43NA88299 1160356 126,770
PW-62 2003 Ford F-150 1FTRF17W13NA91745 1177354 140,475 PD-4612 2008 Dodge
Dakota
1D7HE28K69S719704 1457087 93,122
EQUIPMENT (2):

Equipment # Year Make/Model Hours of Use
PW-111 1990 Eegerbeever Model 290 Wood Chipper 3,088
P/ST- 405 2003 Kubota Tractor Model LA482 241.8
POLICE DEPARTMENT VEHICLES (8):

Vehicle # Year Make/Model Vin # License # Mileage
PD-4623 2001 Ford F-550 1FDAF56F61EC51231 1461277 31,089 PD-4636 2005 Chevrolet
Impala
2G1WT58K669111034 1277911 107,153
PD-4622 2015 Dodge Ram
3500
3C63R3CJ7FG585213 1462975 53,060
PD-4614 2016 Dodge Charger 2C3CDXAG7GH126727 1443306 41,688 PD-4615 2016 Dodge Charger 2C3CDXAG1GH118560 1443304 48,519 PD-4617 2016 Dodge Charger 2C3CDXAG9GH126728 1443305 75,571 PD-4618 2016 Dodge Charger 2C3CDXAG5GH118559 1443307 65,039 PD-4601 2017 Ford Explorer
(K9)
1FM5K8AT8HHD59205 1528851 24,563

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Item 8.j.

MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Shawn Cosgrove, Police Commander
SUBJECT: Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481
DATE: April 12, 2022
SUMMARY OF ACTION:

Adoption of an Urgency Ordinance establishing a Military Equipment Use Policy in order to comply with AB 481.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There are no current impacts to City funds from the adoption of the proposed Ordinance and Policy.

RECOMMENDATION:

Adopt an Urgency Ordinance establishing a Military Equipment Use Policy in accordance with AB 481.

BACKGROUND:

Currently, the Police Department does not have a Military Equipment Use Policy as it was not required by law. As of May 1, 2022, all California law enforcement agencies must comply with California Assembly Bill 481 (AB 481), which requires the City to adopt a Military Equipment Use Policy Ordinance.

AB 481, codified in Government Code sections 7070 through 7075, requires a law enforcement agency (LEA) to obtain approval from the applicable governing body, via adoption of a Military Equipment Use Policy by ordinance, prior to the LEA funding, acquiring, or using military equipment as defined by the bill. Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for LEAs throughout the country. These tools have been tested in the field and are used by LEAs to enhance citizen and officer safety. Loss of use of these items would jeopardize the welfare of citizens and peace officers within the City of Arroyo Grande.

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Item 8.j.

City Council
Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 April 12, 2022

Page 2 ends

The term “military equipment,” as used in AB 481, is somewhat of a misnomer as it does not necessarily indicate equipment that has been used by the military or acquired from the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.

Staff recommends that the City Council adopt the proposed Urgency Ordinance (Attachment 1), in order to allow the Arroyo Grande Police Department (AGPD) to continue to use the vital equipment specified therein.

ANALYSIS OF ISSUES:

The AGPD is committed to using appropriate law enforcement equipment to safeguard the citizens and officers of Arroyo Grande. Many of the items deemed to be “military equipment” by AB 481 are already being used by the AGPD and LEAs across the country in order to specifically reduce risk to community members by using less lethal alternatives.

These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy (Attachment 2), also provide AGPD peace officers with vital tools that facilitate compliance with the Department’s stringent use of force policy. Other items deemed to be “military equipment” under AB 481 include foundational equipment such as rifles. These rifles allow AGPD officers to address lethal threats from a greater distance and with greater precision.

Because AGPD intends to continue utilizing items deemed to be “military equipment” under AB 481, a Military Equipment Use Policy is necessary and is required to be adopted by ordinance by May 1, 2022.

In order to approve the policy, the City Council must make specific findings, which are satisfied by the following findings included in the Ordinance:

1. The military equipment identified in the Arroyo Grande Police Department’s Military Equipment Use Policy is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Exhibit “A” is identified as currently owned or to be purchased and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

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Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 April 12, 2022

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4. The City did not previously have a military equipment use policy but as to any prior uses that do not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

If the City does not have an ordinance meeting the requirements of AB 481 in effect by May 1, 2022, AGPD may be prohibited from using “military equipment” until such time as the City Council adopts such an Ordinance. Therefore, staff recommends adopting the Ordinance as an urgency measure to ensure the continued availability of the appropriate law enforcement tools on which the AGPD relies to provide law enforcement services to the community. As provided in the Urgency Declaration in the Ordinance, the facts supporting its adoption are,
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of “military equipment” by law enforcement agencies. Assembly Bill 481 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the agency funding, acquiring, or using military equipment.

The Arroyo Grande Police Department has been preparing the “military equipment” use policy since AB 481 was signed. Nevertheless, given the extensive requirements and notice provisions in the law, which includes mandatory posting of the proposed policy on the City’s website 30 days prior to the hearing at which adoption will be considered consistent with Government Code Section 7071 (b), and requirements and need to purchase additional equipment as enumerated in Exhibit “A,” the policy and Ordinance could not be made ready for the standard adoption process, which includes two readings and a 30-day delay in the effectiveness of the ordinance.

If this ordinance does not become effective immediately upon adoption by the City Council, the City may be prohibited from using “military equipment,” as the term is defined in California Government Code section 7070, until the ordinance becomes effective. Such a delay would curtail the Arroyo Grande Police Department’s ability to acquire and use less lethal tools and hinder the effectiveness of the Arroyo Grande Police Department in preventing and addressing crime in the City, which in turn, would put the health, safety, and welfare of citizens at increased risk.

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Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 April 12, 2022

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Per the requirements of AB 481, staff will return to the Council at least annually with a report on the City’s Military Equipment Use Policy and seek approval at that time for any necessary modifications to the policy.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve staff’s recommendation to adopt an Urgency Ordinance and Military Use Policy;

2. Do not approve staff’s recommendation and direct staff to return with a nonurgency ordinance, which will delay effectiveness for approximately 60 days; or

3. Provide other direction to staff.

ADVANTAGES:

Approving the recommended action will comply with State law requirements and will promote transparency involving Police Department acquisitions and or purchases.

DISADVANTAGES:

No disadvantaged are identified.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. In accordance with AB 481, the proposed Military Equipment Use Policy was also posted on the Police Department’s website at www.agpd.org on March 1, 2022.

Attachments:

1. Proposed Urgency Ordinance

2. Proposed Policy

3. Inventory

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ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO

GRANDE, CALIFORNIA ESTABLISHING A MILITARY EQUIPMENT USE

POLICY AND DECLARING THE ORDINANCE TO BE AN URGENCY

ORDINANCE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or continued use of military equipment. The term “military equipment” is defined in California Government Code section 7070.

WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or continued use of military equipment within its jurisdiction only if it makes specified determinations.

WHEREAS, the proposed Military Equipment Use Policy is found within the attached Exhibit “A” to this ordinance and is incorporated by reference as if set out in full.

WHEREAS, this ordinance and the Arroyo Grande Police Department’s Military Equipment Use Policy meets the requirements of California Government Code sections 7070, subdivision (d) and 7071 subdivision (a) (1).

NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS:

PART 1. RECITALS INCORPORATION. The above recitals are hereby incorporated into this ordinance as if set out in full.

PART 2. DETERMINATIONS
In accordance with Government Code Section 7071, and in addition to information provided to the City Council at the meeting of March 22, 2022, the City Council determines as follows:

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2. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in Exhibit “A” as currently owned or to be purchased and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. The City did not previously have a prior military equipment use policy but as to any prior uses that do not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

5. The City Council therefore, hereby approves and adopts the attached Exhibit “A” as the City’s Military Equipment Use Policy.

PART 3. URGENCY DECLARATION
The City Council declares this ordinance to be an urgency measure, to take effect immediately upon its adoption pursuant to California Government Code Section 36937 (b). The facts constituting the urgency are as follows:

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of “military equipment” by law enforcement agencies. Assembly Bill 481 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to the agency funding, acquiring, or using military equipment.

The Arroyo Grande Police Department has been preparing the “military equipment” use policy since AB 481 was signed. Nevertheless, given the extensive requirements and notice provisions in the law, which includes mandatory posting of the proposed policy on the City’s website 30 days prior to the hearing at which adoption will be considered, consistent with Government Code Section 7071 (b), and requirements and need to purchase additional equipment as enumerated in Exhibit “A” the policy and Ordinance could not be made ready for the standard ordinance adoption process, which include two readings and a 30-day delay in the effectiveness of the ordinance.

PART 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this

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Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.

PART 5. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.

PART 6. EFFECTIVE DATE. This Ordinance will become effective immediately as an urgency ordinance upon approval by the City Council consistent with Government Code Section 36937 (b) and substantiated by the declaration contained with Part 3.

On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit:

AYES:

NOES:

ABSENT:

The foregoing Ordinance was adopted this 12th day of April, 2022.

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ORDINANCE NO.

PAGE 4
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
_____________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________

WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY

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Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of "military equipment" (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set for in Assembly Bill no. 481. These obligations include but are not limited to seeking approval on specific items deemed to be "military equipment" and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070).

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.

EXHIBIT A
ATTACHMENT 2

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• Any other equipment as determined by a governing body or a state agency to require additional oversight.
709.2 PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has the right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's safety and welfare, civil rights, and civil liberties, and should be based on meaningful public input.
709.3 POLICY
It is the policy of the Arroyo Grande Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment and that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before "military equipment" is funded, acquired, or used.
709.4 PROCEDURE

DEFINITIONS

1. Governing Body - The elected or appointed entity that oversees the Arroyo Grande Police Department.

2. Military Equipment - Any of a wide variety of items as defined by California Government Code section 7070 subsections (c)(1) through (c)(16).
709.5 GENERAL

1. The Department shall obtain approval of the governing body annually prior to engaging in any of the following activities:
a. Requesting military equipment available pursuant to Section 2576a of Title 10 of the United States Government Code.
b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting privater, local, state, or federal funds, in kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

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e. Using any new or existing military equipment for a purpose in a manner, or by a person not previously approved by the governing body pursuant to policy. f. Soliciting or responding to a proposal for entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

2. In seeking the approval of the governing body, the Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency's website at least 30 days prior to any public hearing concerning military equipment use.

A. MILITARY EQUIPMENT USE CONSIDERATIONS

1. The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective civilian nd officer safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective or civilian and officer safety.

2. Military equipment shall only be used by an Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training (P.O.S.T.), has been completed, unless exigent circumstances arise. 709.6 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Arroyo Grande Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.

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(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department's website for as long as the military equipment available for use. The report shall include all information required by Government Code § 7072 for the preceding calender year for each type pf military equipment inventory.

The annual military equipment report shall, at minimum, include the following information:
a. A summary of how the military equipment was used and the purpose of use. b. A summary of complaints or concerns received regarding the use of military equipment. c. The results of any internal audits, any information about violations on military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel training, transportation, maintenance, storage, upgrades, and other ongoing costs, and from what source funds will be provided for the military equipment in the calender year following submission of the annual military equipment.
e. The quantity possessed for each type of military equipment. f. Projected purchases of military equipment in the next year and the quantity sought for each type of military equipment.
709.8 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

MILITARY EQUIPMENT USE PDF.pdf
709.9 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is

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submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.10 COORDINATION WITH OTHER JURISDICTIONS
This policy recognizes the need for agencies to provide assistance to each other, whether in ongoing, combined, or regional operations, occasional planned operations, or in exigent circumstances. Where applicable to the provisions og Government Code §7070 through 7075, such assisting agencies should comply with their respective military equipment use policies when rendering assistance.
709.11 EXIGENT CIRCUMSTANCES
The Arroyo Grande Police Department participates in the San Luis Obispo Regional S.W.A.T.

Team who is responsible for high risk operations within the City of Arroyo Grande. The police department also works closely with local, county, state, and federal law enforcement agencies. In exigent circumstances such as, but not limited to, an active shooter, rapidly evolving incident, high risk operations, civil unrest,natural disaster, or officer needs help incident, with the approval of the Chief of Police or designee, military equipment may be deployed from outside entities to promote safety and security of community members. If the police department acquires, borrows, or uses military equipment in exigent circumstances, it will provide written notification of acquisition or use of to the City Council within 30 days following commencement of such exigent circumstances, unless such information is confidential or privileged under local, state, or federal law.

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709.12 CATALOGING OF MILITARY EQUIPMENT
All military equipment use equipment kept and maintained by the Arroyo Grande Police Department shall be cataloged in such way to address the following requirments:
a. The manufacturer's description of the equipment.
b. The capabilities of the equipment.
c. The purpose and authorized uses for which the Department proposes to use the equipment. d. The expected lifespan of the equipment.
e. The fiscal impacts, both for initial purchase and continued maintained. f. The quantity of the equipment whether maintained or intend to acquire. 709.13 COMPLIANCE
The department operations commander will establish that all department members comply with this policy. The commander, along with the range master lead officer will conduct an annual audit and will report directly to the Chief of Police. for direction. 709.14 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachments

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MILITARY EQUIPMENT USE PDF.pdf
MILITARY EQUIPMENT USE PDF.pdf

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ARROYO GRANDE POLICE DEPARTMENT

MILITARY EQUIPMENT USE & INVENTORY
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01/01/2022

PURPOSE
This policy establishes guidelines for the acquisition, funding, use and reporting of “military equipment”, as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include, but are not limited to, seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items.

POLICY
It is the policy of the Arroyo Grande Police Department that there are legally enforceable safeguards including transparency, oversight, and accountability measures in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.

PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.

PROCEDURE
A. DEFINITIONS

1. Governing Body – The elected entity that oversees the Arroyo Grande Police Department.

2. Military Equipment – Any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16).

B. GENERAL
1) The Department shall obtain approval of the governing body annually prior to engaging in any of the following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

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e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to general order. f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
2) In seeking the approval of the governing body, the Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

C. MILITARY EQUIPMENT USE CONSIDERATIONS
1) The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
2) Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training (POST), has been completed, unless exigent circumstances arise.

D. MILITARY EQUIPMENT REPORTING CONSIDERATIONS
1) The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department. 2) The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. 3) The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If AGPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
i. Within 30 days of submitting and publicly releasing an annual military equipment report, AGPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may

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discuss and ask questions regarding the annual military equipment report and AGPD’s funding, acquisition, or use of military equipment.

E. CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Arroyo Grande Police Department shall be cataloged in a way which addresses each of the following requirements:

1. The manufacturers description of the equipment.

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for on-going maintenance.

6. The quantity of the equipment, whether maintained or sought.

7. Required Training to meet CA - POST standard of use.

F. COMPLIANCE

1. The Department Operations Commander will ensure that all Department members comply with this policy. The Arroyo Grande Police Department Command staff will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the overseeing Division Commander and handled in accordance with AGPD Policy 1018.6 (ADMINISTRATIVE INVESTIGATIONS). All instances of non-compliance will be reported to City Council via the annual military equipment report.

2. Any member of the public can register a question or concern regarding military use equipment by contacting the Arroyo Grande Police Department on duty Watch Commander at 805-473-5110. A response to the question or concern shall be completed by the Department in a timely manner.

3. Any member of the public can submit a complaint to any member of the Department, and in any form i.e. in person, telephone, email, etc.). Once the complaint is received, it should be routed to the Internal Affairs Division in accordance with AGPD Policy 1018 (Personnel Complaints).

G. FUNDING
The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

1. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable.

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H. MILITARY USE EQUIPMENT

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely
a) Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC ENTERPRISE Advanced, cost: $6,900 each, quantity: 2. UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording, weighs 909 grams, and has approx. 30 minutes of flight time. b) Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. major collision investigations.
ii. search for missing persons.
iii. natural disaster management.
iv. crime scene photography.
v. SWAT, tactical, or other public safety and life preservation missions. vi. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c) Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic during approved missions.
d) Expected Life Span
All UAS equipment, 3-5 years.
e) Fiscal Impact
Annual maintenance and battery replacement cost is approximately $200. f) Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a department training and ongoing quarterly training.
g) Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and the City of Arroyo Grande UAS policy. It is the policy of the AGPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

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2. 40 MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds.
a) Description, quantity, capabilities, and purchase cost 1) DEFENSE (LMT) TECHNOLOGY, 40MM SINGLE SHOT LAUNCHER, cost: $1000, quantity:

9. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet. This less lethal platform replaced the Bean Bag shotgun and is authorized to be used by patrol personnel. The launcher is orange in color and has a holographic red dot sighting system.
2) BYRNA SDI. The 40mm BIP is a blunt impact kinetic energy round. Cost: $22 per round, quantity: 50. The patented technology involves an internal energy absorption system, as well as a collapsible gel head. BIPs have an effective minimal optimal range of 6.6 feet (2m), though are operational at point blank. In independent party Blunt Trauma Testing of several 40mm Impact rounds, the BIP round had the lowest impact force response. The Viscous criterion (VC) was used as an indicator of injury severity, the higher (VC) value the higher the risk of injury. The BIP Peaked at (0.10) while the other rounds peaked at (.012-.097) The BIP has been designed utilizing ballistic technologies, which allow for consistent in-flight stability throughout an almost flat trajectory.

These rounds have repeatedly shown effectiveness and reliability at ranges up to 150 feet (45m)
3) DEFENSE TECHNOLOGY, FERRETT 40MM LIQUID BARRICADE PENETRATOR ROUND, cost: $23, quantity: 15. A 40MM round used to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. This is for use by SWAT team members only.
b) Purpose
To limit the escalation of conflict and preserve live where the employment of lethal force is prohibited or undesirable.
c) Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

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i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d) Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors. e) Lifespan
• Defense Technology LMT- 25 years.
• BYRNA SDI. The 40mm BIP- 5 years.
• Model 2262 Liquid Barricade Penetrator round- 5 years. f) Fiscal Impact
Annual maintenance is approximately $25 for each launcher. g) Legal and Procedural Rules
Use is established under AGPD policy 308.8. It is the policy of the AGPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

3. Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a) Description, quantity, capabilities, and purchase cost 1) Defense Technology #8901, Cost $50 Quantity: 6. The Distraction Device® Reload utilizes a standard military-style M201A1 type fuze and produces 175 dB of sound output at 5 feet and 6-8 million candelas for 10 milliseconds. This reload is for use in the Distraction Device low roll body.
b) Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause shortterm (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

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c) Authorized Use
i. Diversionary Devices shall only be used:
ii. By officers who have been trained in their proper use. iii. In hostage and barricaded subject situations.
iv. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
v. During other high-risk situations where their use would enhance officer safety. vi. During training exercises.
d) Lifespan
Until used.
e) Fiscal Impact
No annual maintenance.
f) Training
Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.
g) Legal and Procedural Rules
Use is established under AGPD policy 408. It is the policy of the AGPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

4. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a) Description, quantity, capabilities, and purchase cost 1) Sig Sauer, MCX Virtus Patrol Semi-Automatic Rifle. Cost $2000, quantity 16, officially designated Rifle, Caliber 5.56 NATO. Standard issued service weapon. 2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND, cost: $349 per case of 1000, quantity:
10 cases. Remington ammo made by PMC. This full metal jacket rounds is used for training and CA POST required qualification.
3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND. Cost $ 365 per case of 1000, quantity 4 cases. 5.56 Nato 75 gr InterLock HD SBR Hornady Black is designed specifically for 10.5"-11.5" SBR’s by using proprietary propellant technology and a bullet designed with technology from industry leading Critical Duty FlexLock bullets. This round provides exceptional ammunition performance in SBR’s suppressed or unsuppressed, with virtually no flash or residue, dramatically reduced sound signature, will not foul or

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overheat suppressors, uniform velocity and accuracy, and provides controllable rate of fire in automatic platforms. Designed to meet the requirements of the FBI protocol, this round is the optimum choice for 10.5"-11.5" barreled 5.56 rifles. This is the Duty round for standard issue patrol rifles.
b) Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c) Authorized Use
Only members that are POST certified are authorized to use a rifle. d) Lifespan
1) Sig Sauer, MCX Virtus Patrol Semi-Automatic Rifle - no expiration. 2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND - no expiration. 3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND - no expiration. e) Fiscal Impact
Annual maintenance is approximately $50 for each rifle. Annual Ammunition cost is accounted for in current department budget. Rifle ammunition accounts for approximately $3000 annually.
f) Training
Prior to using a rifle officers must be certified by POST instructors in the operation of the rifle.

Additionally, all members that operate any rifle are required to pass a range qualification 4 times a year.
g) Legal and Procedural Rules
Use is established under AGPD policy 312 and 432. It is the policy of the AGPD to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. All Rifles deployed by Arroyo Grande Police Department are owned by the Police Department.

5.Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a) Description, quantity, capabilities, and purchase cost 1) DEFENSE TECHNOLOGY, Han-Ball CS GRENADE, #519, cost: $48, quantity: 10. The HanBall™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15- 20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuse head, and 3.1 in. diameter. This devise is for use by members of the SWAT team in a tactical environment.

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2) DEFENSE TECHNOLOGY Rubber Ball Blast Grenade, Inert. Cost $ 50, quantity 2. The Inert Rubber Blast Ball Grenade can be used effectively in both training and crowd management situations. It simulates the dispersion of Riot Control Agents from a CS, CN, or OC Blast Ball in a training environment, but without the actual chemical exposure. Deployed in crowd management /custodial situations to deliver light/sound stimuli from a rubber ball style grenade without chemical agent exposure. This devise is for use by members of the SWAT team in a tactical environment. b) Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
vi. Authorized Use
vii. Only officers who have received POST certification in the use of chemical agents are authorized to use these agents.
c) Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
d) Lifespan
5 years from manufacturing date.
e) Fiscal Impact
No annual maintenance.
f) Legal and Procedural Rules
Use is established under the AGPD use of force policy 300. It is the policy of the AGPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. PepperBall Launcher: A device that discharges irritant projectiles. a) Description, quantity, capabilities, and purchase cost 1) PepperBall FTC CARBINE, cost: $590, quantity 4. The FTC is a high-capacity, semiautomatic launcher that is reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration. PepperBall® is the most versatile non-lethal system available, allowing officers to deploy it in a wide range of situations.

PepperBall's many uses include:

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1. Anti-riot

2. Combative suspects

3. Vehicle interdiction

4. Non-compliant individuals
2) PepperBall LIVE-X PROJECTILE, cost: $3 per projectile, quantity 500. The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. 3) PepperBall Glass Breaker Cost $2.50 per Projectile, Quantity 60. A solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans or animals.
4) PepperBall INERT round. Cost $1 per projectile. Quantity 200. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
b) Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c) Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
d) Training
Sworn members utilizing PepperBall launchers and projectiles are trained in there use by PepperBall certified less lethal and chemical agent instructors. e) Lifespan
i. PepperBall FTC Carbine- 20 years
ii. PepperBall Live-X Projectile- 3 years
iii. PepperBall Glass Breaker- 20 years
iv. PepperBall INERT Projectile- 3 years

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f) Fiscal impact
Annual maintenance is approximately $25 for each PepperBall launcher. g) Legal and Procedural Rules
Use is established under AGPD policy 308.6.1. It is the policy of the AGPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

MAINTENANCE OF MILITARY USE SUPPLY LEVELS
When munitions stock for "military equipment" have reached significantly low levels, or have been exhausted, the Department may order replacement stock based upon current approved city operational budget in a calendar year without city council approval to maintain essential availability for the Department’s needs. The purchase of this would be included in the annual report.

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01/01/2022

PROCEDURE
A. DEFINITIONS

1. Governing Body – The elected entity that oversees the Arroyo Grande Police Department.

2. Military Equipment – Any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16).

B. GENERAL
1) The Department shall obtain approval of the governing body annually prior to engaging in any of the following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in‐kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.

ATTACHMENT 3

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D. MILITARY EQUIPMENT REPORTING CONSIDERATIONS
1) The Department shall submit an annual military equipment report to City Council that addresses each type of military equipment possessed by the Department. 2) The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use. 3) The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment. c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment. f. If AGPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
i. Within 30 days of submitting and publicly releasing an annual military equipment report, AGPD shall hold at least one well‐publicized and conveniently located community engagement meeting, at which the general public may

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discuss and ask questions regarding the annual military equipment report and AGPD’s funding, acquisition, or use of military equipment.

1. The manufacturers description of the equipment.

2. The capabilities of the equipment.

3. The purposes and authorized uses for which the Department proposes to use the equipment.

4. The expected lifespan of the equipment.

5. The fiscal impact of the equipment, both initially and for on‐going maintenance.

6. The quantity of the equipment, whether maintained or sought.

7. Required Training to meet CA ‐ POST standard of use.

F. COMPLIANCE

1. The Department Operations Commander will ensure that all Department members comply with this policy. The Arroyo Grande Police Department Command staff will conduct an annual audit. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the overseeing Division Commander and handled in accordance with AGPD Policy 1018.6 (ADMINISTRATIVE INVESTIGATIONS). All instances of non‐compliance will be reported to City Council via the annual military equipment report.

2. Any member of the public can register a question or concern regarding military use equipment by contacting the Arroyo Grande Police Department on duty Watch Commander at 805‐473‐5110. A response to the question or concern shall be completed by the Department in a timely manner.

1. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable.

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H. MILITARY USE EQUIPMENT

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely
a) Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC ENTERPRISE Advanced, cost: $6,900 each, quantity: 2. UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording, weighs 909 grams, and has approx. 30 minutes of flight time. b) Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. major collision investigations.
ii. search for missing persons.
iii. natural disaster management.
iv. crime scene photography.
v. SWAT, tactical, or other public safety and life preservation missions. vi. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c) Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic during approved missions.
d) Expected Life Span
All UAS equipment, 3‐5 years.
e) Fiscal Impact
Annual maintenance and battery replacement cost is approximately $200. f) Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a department training and ongoing quarterly training.
g) Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and the City of Arroyo Grande UAS policy. It is the policy of the AGPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

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9. The 40MM Single Launcher is a tactical single shot launcher that features an expandable ROGERS Super Stock and an adjustable Integrated Front Grip (IFG) with light rail. It will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40MM less lethal round up to 131 feet. This less lethal platform replaced the Bean Bag shotgun and is authorized to be used by patrol personnel. The launcher is orange in color and has a holographic red dot sighting system.
2) BYRNA SDI. The 40mm BIP is a blunt impact kinetic energy round. Cost: $22 per round, quantity: 50. The patented technology involves an internal energy absorption system, as well as a collapsible gel head. BIPs have an effective minimal optimal range of 6.6 feet (2m), though are operational at point blank. In independent party Blunt Trauma Testing of several 40mm Impact rounds, the BIP round had the lowest impact force response. The Viscous criterion (VC) was used as an indicator of injury severity, the higher (VC) value the higher the risk of injury. The BIP Peaked at (0.10) while the other rounds peaked at (.012‐.097) The BIP has been designed utilizing ballistic technologies, which allow for consistent in‐flight stability throughout an almost flat trajectory.

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i. Self‐destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d) Training
Sworn members utilizing 40MM less lethal chemical agents or impact rounds are trained in there use by POST certified less lethal and chemical agent instructors. e) Lifespan
 Defense Technology LMT‐ 25 years.
 BYRNA SDI. The 40mm BIP‐ 5 years.
 Model 2262 Liquid Barricade Penetrator round‐ 5 years. f) Fiscal Impact
Annual maintenance is approximately $25 for each launcher. g) Legal and Procedural Rules
Use is established under AGPD policy 308.8. It is the policy of the AGPD to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

3. Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high‐risk arrest situations. a) Description, quantity, capabilities, and purchase cost 1) Defense Technology #8901, Cost $50 Quantity: 6. The Distraction Device® Reload utilizes a standard military‐style M201A1 type fuze and produces 175 dB of sound output at 5 feet and 6‐8 million candelas for 10 milliseconds. This reload is for use in the Distraction Device low roll body.
b) Purpose
To produce atmospheric over‐pressure and brilliant white light and, as a result, can cause short‐ term (6 ‐ 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

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c) Authorized Use
i. Diversionary Devices shall only be used:
ii. By officers who have been trained in their proper use. iii. In hostage and barricaded subject situations.
iv. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
v. During other high‐risk situations where their use would enhance officer safety. vi. During training exercises.
d) Lifespan
Until used.
e) Fiscal Impact
No annual maintenance.
f) Training
Prior to use, officers must attend diversionary device training that is conducted by Post certified instructors.
g) Legal and Procedural Rules
Use is established under AGPD policy 408. It is the policy of the AGPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

4. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. a) Description, quantity, capabilities, and purchase cost 1) Sig Sauer, MCX Virtus Patrol Semi‐Automatic Rifle. Cost $2000, quantity 16, officially designated Rifle, Caliber 5.56 NATO. Standard issued service weapon. 2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND, cost: $349 per case of 1000, quantity:
10 cases. Remington ammo made by PMC. This full metal jacket rounds is used for training and CA POST required qualification.
3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND. Cost $ 365 per case of 1000, quantity 4 cases. 5.56 Nato 75 gr InterLock HD SBR Hornady Black is designed specifically for 10.5"‐11.5" SBR’s by using proprietary propellant technology and a bullet designed with technology from industry leading Critical Duty FlexLock bullets. This round provides exceptional ammunition performance in SBR’s suppressed or unsuppressed, with virtually no flash or residue, dramatically reduced sound signature, will not foul or

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overheat suppressors, uniform velocity and accuracy, and provides controllable rate of fire in automatic platforms. Designed to meet the requirements of the FBI protocol, this round is the optimum choice for 10.5"‐11.5" barreled 5.56 rifles. This is the Duty round for standard issue patrol rifles.
b) Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c) Authorized Use
Only members that are POST certified are authorized to use a rifle. d) Lifespan
1) Sig Sauer, MCX Virtus Patrol Semi‐Automatic Rifle ‐ no expiration. 2) Remington .223 CALIBER 55 GRAIN RIFLE ROUND ‐ no expiration. 3) Hornady Black 5.56 Nato 75 GRAIN HD SBR RIFLE ROUND ‐ no expiration. e) Fiscal Impact
Annual maintenance is approximately $50 for each rifle. Annual Ammunition cost is accounted for in current department budget. Rifle ammunition accounts for approximately $3000 annually.
f) Training
Prior to using a rifle officers must be certified by POST instructors in the operation of the rifle.

5.Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a) Description, quantity, capabilities, and purchase cost 1) DEFENSE TECHNOLOGY, Han‐Ball CS GRENADE, #519, cost: $48, quantity: 10. The Han‐ Ball™ CS Grenade is an outdoor use grenade expelling its payload in approximately 15‐ 20 seconds. The rubber ball round has an overall size of 4.8 in. tall, including the fuse head, and 3.1 in. diameter. This devise is for use by members of the SWAT team in a tactical environment.

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Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self‐destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
vi. Authorized Use
vii. Only officers who have received POST certification in the use of chemical agents are authorized to use these agents.
c) Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
d) Lifespan
5 years from manufacturing date.
e) Fiscal Impact
No annual maintenance.
f) Legal and Procedural Rules
Use is established under the AGPD use of force policy 300. It is the policy of the AGPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. PepperBall Launcher: A device that discharges irritant projectiles. a) Description, quantity, capabilities, and purchase cost 1) PepperBall FTC CARBINE, cost: $590, quantity 4. The FTC is a high‐capacity, semi‐ automatic launcher that is reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration. PepperBall® is the most versatile non‐lethal system available, allowing officers to deploy it in a wide range of situations.

PepperBall's many uses include:

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1. Anti‐riot

2. Combative suspects

3. Vehicle interdiction

4. Non‐compliant individuals
2) PepperBall LIVE‐X PROJECTILE, cost: $3 per projectile, quantity 500. The Live Projectile contains a concentrated amount of PAVA pepper powder. Discharged from a PepperBall Launcher, the projectile has a velocity of 280‐350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA Powder. 3) PepperBall Glass Breaker Cost $2.50 per Projectile, Quantity 60. A solid polymer projectile used for breaking out residential windows and side‐glass of automobiles. Not for use on humans or animals.
4) PepperBall INERT round. Cost $1 per projectile. Quantity 200. Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.
b) Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self‐destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c) Authorized Use
Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers.
d) Training
Sworn members utilizing PepperBall launchers and projectiles are trained in there use by PepperBall certified less lethal and chemical agent instructors. e) Lifespan
i. PepperBall FTC Carbine‐ 20 years
ii. PepperBall Live‐X Projectile‐ 3 years
iii. PepperBall Glass Breaker‐ 20 years
iv. PepperBall INERT Projectile‐ 3 years

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Item 8.k.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Timothy J. Carmel, City Attorney
SUBJECT: Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement DATE: April 12, 2022
SUMMARY OF ACTION:

The proposed action is to approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organics Materials Collection (the “Franchise Agreement Amendment”) with South County Sanitary Services, Inc. (“South County Sanitary”), which is necessary in order to comply with the requirements of Senate Bill 1383 (SB 1383).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no direct fiscal impact as a result of this item. However, a proposed rate increase request by South County Sanitary is currently being reviewed and it is anticipated that, after notice as required by Proposition 218, a public hearing will be held to consider the proposed rate increase.

Also, Public Resources Code Section 42652.5 authorizes local jurisdictions to collect reasonable and necessary fees to recover the costs of implementing SB 1383 regulations, and the potential for such fees is addressed in the Article 7 of the Franchise Agreement Amendment. In addition, fees imposed by the San Luis Obispo County Integrated Waste Management Authority (IWMA) are also being increased, which will be passed through to customers as a separate fee.

RECOMMENDATION:

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Item 8.k.

City Council
Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement
April 12, 2022

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BACKGROUND:

The City provides solid waste disposal services in accordance with Chapter 8.32 of the Arroyo Grande Municipal Code. South County Sanitary is the City’s franchisee that provides solid waste collection services to the community. The City and South County Sanitary entered into a Solid Waste Collection Franchise Agreement on June, 10, 2008, and the Franchise Agreement was subsequently amended twice in 2016. The City Council is now being asked to approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc. in order to comply with the requirements of SB 1383.

SB 1383 was signed into law on September 19, 2016, to require a reduction of organic waste disposal to landfills from 2014 levels by 75% and increase edible food recovery by 20%, by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in the State of California in the last 30 years and required all jurisdictions in the State that provide solid waste collection and disposal services to implement a mandatory organic recycling ordinance by January 1, 2022. All businesses, residents, and multi-family apartments must have access to recycling programs that capture food scraps, landscaping waste, and other organic waste materials in order to reduce the production of methane gas. This law has significant policy and legal implications for State and local governments, including cities, counties and special districts that provide solid waste services.

In November 2021, the City Council adopted Ordinances adding Chapter 8.33, Mandatory Organic Waste Disposal Reduction, and Chapter 15.06, SB 1383 CalGreen Recycling and Model Water Efficient Landscaping Ordinance Requirements, to the Arroyo Grande Municipal Code in order to comply with the requirements of SB 1383.

Another requirement of SB 1383 is that agencies must amend their solid waste collection franchise agreements with their haulers, so that the services being provided comply with its requirements.

ANALYSIS OF ISSUES:

The IWMA has taken the lead for its member agencies to provide for the implementation of SB 1383. The IWMA retained the consulting firm, HF&H, who has worked with the IWMA member agencies to draft amendments to their solid waste franchise agreements to address SB 1383, and also had prepared a draft model SB 1383 ordinance for San Luis Obispo County agencies. HF&H had previously been retained by CalRecyle to develop Statewide SB 1383 model documents, including franchise agreements, enforcement ordinances and procurement policies for compost, renewable gas, and paper products.

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SB 1383 requires the City to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements.

The Franchise Agreement Amendment includes comprehensive provisions that address new definitions in order to be consistent with SB 1383, as well as other provisions relating to SB 1383 requirements, including, but not limited to, collection and disposal of organic materials, improper contaminants in containers and related notifications to customers, discarded materials container requirements, disposal and material processing, public education, procurement of recovered organic waste products, and record keeping and reporting.

CalRecyle is monitoring the compliance of agencies with SB 1383 and requires submittal of reports relating to the adoption of required ordinances, franchise agreement amendments and procurement policies. They have indicated that agencies need to have approved SB 1383 related franchise agreement amendments by June 30, 2022.

Accordingly, it is recommended that the City Council approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc.

ALTERNATIVES:

The following alternatives are provided for the Council’s consideration:

1. Approve Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc.;

2. Do not approve the Franchise Agreement Amendment; or

3. Provide other direction to staff.

ADVANTAGES:

Approval of the Franchise Agreement Amendment will comply with the requirements of SB 1383, provide for its implementation, and satisfy the requirements of CalRecyle.

DISADVANTAGES:

Failure to approve the Franchise Agreement Amendment in a timely manner could subject the City to penalties imposed by CalRecyle, which can be up to $10,000 per day.

ENVIRONMENTAL REVIEW:

Approval of the Franchise Agreement Amendment is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the enhanced solid waste collection agreement will not have a significant effect on the environment and

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that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency (the City) for the protection of the environment.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Proposed Franchise Agreement Amendment

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Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement March 11, 2022 – FINAL DRAFT Page 32 of 41
ATTACHMENT 1
AMENDMENT #3

TO THE AMENDED AND RESTATED

SOLID WASTE COLLECTION FRANCHISE AGREEMENT
FOR

SOLID WASTE, RECYCLABLE MATERIALS,

AND ORGANIC MATERIALS COLLECTION

BETWEEN

THE CITY OF ARROYO GRANDE
AND
SOUTH COUNTY SANITARY SERVICES, INC.

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MARCH 11, 2022 FINAL DRAFT

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This Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement between the City of Arroyo Grande and South County Sanitary, Inc. (“Amendment”), is made and entered into between the City of Arroyo Grande, a political subdivision of the State of California (hereafter “City”) and South County Sanitary Service, Inc. a California corporation (“Contractor”), each of which may be referred to individually as a “Party” or together as the “Parties.”

RECITALS
This Amendment #3 is made and entered into on the basis of the following facts, understandings, and intentions of the Parties:

WHEREAS: The Parties entered into a Solid Waste Collection Franchise Agreement between the City of Arroyo Grande and South County Sanitary Service on June, 10, 2008, (“Agreement” capitalized terms used but not defined herein shall have the meanings given to them in the Agreement); and, WHEREAS: Section 4 of the Agreement provides City with the right to direct Contractor to modify the scope of one or more types of service described in the Agreement, or to otherwise modify its performance under the Agreement, subject to providing additional compensation; and, WHEREAS: SB 1383 establishes regulatory requirements for jurisdictions, Generators, haulers, Solid Waste facilities, and other entities to support achievement of State-wide Organic Waste Disposal reduction targets; and,
WHEREAS: SB 1383 requires the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City has chosen to delegate some of its responsibilities to the Contractor, acting as the City’s designee, through this Agreement; and,
WHEREAS: Both Parties have, in good faith, negotiated changes to the Agreement necessary to support the City’s compliance with SB 1383, as set forth herein.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained, City and Contractor do hereby agree as follows:

EFFECTIVE DATE
This Amendment #3 shall become effective on the date this Amendment is signed by both Parties.

PROGRAM AMENDMENTS TO AGREEMENT
Article 1.

Definitions
Article 1 of the Agreement is hereby amended to add or modify the following definitions:
“AB 1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time. “AB 341” means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as “AB 341”, as amended, supplemented, superseded, and replaced from time to time.

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“AB 901” means Assembly Bill approved by the Governor of the State of California on October 10, 2015, which amended Section 41821.5 of, amended, renumbered and added Section 41821.6 of, and added Sections 41821.7 and 41821.8 to, the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time. “Applicable Law” means all Federal, State, County, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection, Transportation, and Processing of Recyclable Materials, Organic Materials, and Solid Waste that are in force on the Effective Date and as may be enacted, issued or amended during the Term of this Agreement. Applicable Law includes, but is in no way limited to, AB 939, AB 341, AB 1826, and SB 1383.
“Approved Facility(ies)” means any one of or any combination of the: Approved Materials Recovery Facility; and/or Approved Organic Materials Processing Facility. “Approved Disposal Facility” means the Cold Canyon Landfill as the primary, and Chicago Grade Landfill, or the Santa Maria Landfill, as alternatives, which have been selected by the Contractor and approved by the City. Contractor shall notify City before using an alternative facility. “Approved Materials Recovery Facility” means the Materials Recovery Facility at Cold Canyon Processing Facility, which has been selected by the Contractor and approved by the City. “Approved Organic Materials Processing Facility” means the Hitachi Zosen lnova (HZI) Kompogas Facility located at 4300 Old Santa Fe Rd, San Luis Obispo, CA 93401, and Engel & Gray Inc. Regional Compost Facility, located at 745 West Betteravia Road, Santa Maria, California, which have been selected by the Contractor and approved by the City.
“Approved Processing Facility(ies)” means any one of or any combination of the: Approved Materials Recovery Facility; Approved Disposal Facility; or Approved Organic Materials Processing Facility.
“Bin” means a Container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels (where appropriate), that is serviced by a front end-loading and/or rearend-loading Collection vehicle, including Bins with Compactors attached to increase the capacity of the Bin.
“Business Days” mean days during which the City and Contractor offices are open to do business with the public.
“California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
“CalRecycle” means California's Department of Resources Recycling and Recovery. “Cart” means a plastic Container with a hinged lid and wheels that is serviced by an automated or semi-automated Collection vehicle. A Cart has capacity of 20, 35, 64 or 96 gallons (or similar volumes).

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"City" means the City of Arroyo Grande, a political subdivision of the State of California, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the term, acting through the City Council or the City Manager. The City may designate responsibilities to one or more third parties, in writing, between the City Manager and the designee.
“City Manager” means the City staff member or their designee responsible for contract management and maintenance.
"Collect" or "Collection" means to take physical possession, Transport, and remove Discarded Materials and other material at the place of generation in the City. “Commercial” shall mean of, from, or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property.
“Compactor” means a mechanical apparatus that compresses materials together with the Container that holds the compressed materials or the Container that holds the compressed materials if it is detached from the mechanical compaction apparatus. Compactors include two (2) to eight (8) cubic yard Bin Compactors serviced by front-end loader Collection vehicles and ten (10) to fifty (50) cubic yard Drop Box Compactors serviced by Roll-Off Collection vehicles. “Complaint” shall mean each written or orally communicated statement made by any Person, whether to City or Contractor, alleging: (1) non-performance, or deficiencies in Contractor’s performance, of its duties under this Agreement; (2) a violation by Contractor of this Agreement; or, (3) an SB 1383 Non-Compliance Complaint as required under 14 CCR Section 18995.3. “Compost” (or any variation thereof) includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost product. “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for Compostability.
"Container" means Bins, Carts, Compactors, and franchise Roll-Offs. “County” means the County of San Luis Obispo, a political subdivision of the State of California. “Customer” means the Person whom Contractor submits its billing invoice to and collects payment from for Collection services provided to a Premises. The Customer may be either the Occupant or Owner of the Premises.
“Customer Notice” means the Contractor’s notice to Customer(s) as described in Section 4.7. “Designated Waste” means non-Hazardous Waste which may pose special Disposal problems because of its potential to contaminate the environment, and which may be Disposed of only in Class II Disposal sites or Class III Disposal sites pursuant to a variance issued by the California Department of Health Services. Designated Waste consists of those substances classified as

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Designated Waste by the State, in California Code of Regulations Title 23, Section 2522 as may be amended from time to time.
“Discarded Materials” means Recyclable Materials, Organic Materials, and Solid Waste placed by a Generator in a receptacle and/or at a location for the purposes of Collection by Contractor, excluding Excluded Waste.
“Dispose” or “Disposal” (or any variation thereof) means the final disposition of Solid Waste, or Processing Residue at a Disposal Facility.
“Disposal Facility” means a landfill, or other facility for ultimate Disposal of Solid Waste. “Divert” or “Diversion” (or any variation thereof) means to prevent Discarded Materials from Disposal at landfill or transformation facilities, (including facilities using incineration, pyrolysis, distillation, gasification, or biological conversion methods) through source reduction, reuse, Recycling, Composting, anaerobic digestion or other method of Processing, subsequent to the provisions of AB 939. Diversion is a broad concept that is to be inclusive of material handling and Processing changes that may occur over the Term including, but not limited to, changes in standard industry practice or implementation of innovative (but not necessarily fully proven) techniques or technology that reduce Disposal risk, decrease costs and/or are for other reasons deemed desirable by the City.
“Dwelling Unit” means any individual living unit in a; Single-Family dwelling (SFD) or Multi-Family dwelling (MFD) structure or building, a mobile home, or a motor home located on a permanent site intended for, or capable of being utilized for, Residential living other than a hotel or motel. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.
“Effective Date” means the date on which the latter of the two Parties signs this Agreement. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Contractor reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be Disposed of in Class III landfills, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Excluded Waste does not include Used Motor Oil or Use Motor Oil Filters when properly placed for Collection by Contractor, as set forth in this Agreement. “Federal” means belonging to or pertaining to the Federal government of the United States.

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“Food Recovery” means actions to Collect and distribute food for human consumption which otherwise would be Disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Scraps" means those Discarded Materials that will decompose and/or putrefy including: (i) all kitchen and table Food Waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (iv) vegetable trimmings, houseplant trimmings and other Compostable Organic Waste common to the occupancy of Residential dwellings. Food Scraps are a subset of Food Waste.
“Food-Soiled Paper” means Compostable paper material that has come in contact with Food Scraps or liquid, such as, but not limited to, Compostable paper plates, napkins, and pizza boxes. Food - Soiled Paper is a subset of Food Waste.
“Food Waste” means Source Separated Food Scraps and Food-Soiled Paper. Food Waste is a subset of Organic Materials.
"Garbage" see also “Solid Waste”.
“Generator” has the same meaning as “Waste Generator”.
“Green Waste” means tree trimmings, grass cuttings, dead plants, leaves, branches, dead trees and scrap wood (not more than six (6) inches in diameter) and similar materials generated at the Premises. Green Waste is a subset of Organic Materials. Acceptable Green Waste may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City.

Contractor shall not add or remove materials to or from this list without written approval from the City Manager or signed amendment to the Agreement, and such approval shall not be unreasonably withheld.
“Hazardous Substance” means any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "Hazardous Substances", "hazardous materials", "Hazardous Wastes", "toxic waste", "pollutant", or "toxic substances", or similarly identified as hazardous to human health or the environment, in or pursuant to: (i) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, 42 USC §9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC §1802, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC §6901 et seq.; (iv) the Clean Water Act, 33 USC §1251 et seq.; (v) California Health and Safety Code §§25115-25117, 25249.8, 25281, and 25316; (vi) the Clean Air Act, 42 USC §7901 et seq.; and, (vii) California Water Code §13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and, (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other Applicable Law currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl’s (PCBs), petroleum, natural gas, and synthetic fuel products, and by-products. “Holidays” are defined as New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
“Household Hazardous Waste” or “HHW” means Hazardous Waste generated at Residential Premises within the City. HHW includes: paint, stain, varnish, thinner, adhesives, auto products such

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as old fuel, Used Motor Oil and Filter, Used Oil Filter, batteries, household batteries, fluorescent bulbs , tubes, cleaners and sprays, pesticides, fertilizers and other garden products, needles, syringes, and lancets.
“Infectious Waste” means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments that are identified in Health and Safety Code Section 25117.5 as may be amended from time to time.
“Liquidated Damages” means the amounts due by Contractor for failure to meet specific quantifiable standards of performance as described in Section 12.3. "Member Agency” means any jurisdiction that has allocated some or all of its Solid Waste powers to a Solid Waste Joint Powers Authority as defined by the Memorandum of Agreement related to the jurisdiction’s compliance with Applicable Law.
"Multifamily Dwelling Unit" means, not withstanding any contrary definition in Municipal Code, any Premises, other than a Single-Family Dwelling Unit, with five (5) or more Dwelling Units used for Residential purposes, irrespective of whether the resident therein is transient, temporary or permanent, including such Premises when combined in the same building with Commercial establishments, that receive centralized, shared, Collection service for all units on the Premises which are billed to one (1) Customer at one (1) address. Customers residing in Townhouses, mobile homes, condominiums, or other structures with five (5) or more Dwelling Units who receive individual service and are billed separately shall not be considered Multi-Family. “Occupant” means the Person who occupies a Premises.
“Organic Materials” means Green Waste and Food Waste, individually or collectively. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Recyclable Material and Solid Waste. Organic Materials are a subset of Organic Waste. “Organic Waste” means wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Green Waste, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. “Party” or “Parties” refers to the City and Contractor, individually or together. "Premises" means any land or building in the County where Discarded Materials aregenerated or accumulated.
“Process” or “Processing” means to prepare, treat, or convert through some special method. “Processing Facility” means any plant or site used for the purpose of sorting, cleansing, treating or reconstituting Recyclable Materials for the purpose of making such material available for Recycling or reuse or the facility for the Processing and/or Composting of Organic Materials.

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“Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Recyclable Materials Container that are not identified as acceptable Recyclable Materials for the City’s Collection program; (ii) Discarded Materials placed in the Organic Materials Container that are not identified as acceptable Organic Materials for the City’s Collection program; (iii) Discarded Materials placed in the Solid Waste Container that are acceptable Recyclable Materials and/or Organic Materials to be placed in the City’s Recyclable Materials or Organic Materials Containers or otherwise managed under the City’s Collection program; and, (iv) Excluded Waste placed in any Container.
"Recyclable Materials" means by-products or discards set aside, handled, packaged or offered for Collection from Residential, Commercial, governmental or industrial Customers in a manner different from Solid Waste or Organic Materials, including, but not limited to, aluminum, newspaper, clear and colored glass, tin and bi-metal, all plasticcontainers, cardboard, chipboard, magazines, mixed paper (including magazines, phone books and junk mail) and motor oil and filters (separately collected). Acceptable Recyclable Materials may be added to or removed from this list from time to time by mutual consent or at the sole discretion of the City. Contractor shall not add or remove materials to or from this list without written approval from the City Manager or signed amendment to the Agreement, and such approval shall not be unreasonably withheld. “Residential” shall mean of, from, or pertaining to a Single-Family Premises or Multi-Family Premises including Single-Family homes, apartments, condominiums, townhouse complexes, mobile home parks, and cooperative apartments.
“Residue” means those materials which, after Processing, are Disposed rather than Recycled due to either the lack of markets for materials or the inability of the Processing Facility to capture and recover the materials.
“Roll-Off” means an open-top or lidded Container with a capacity of seven (7) to forty (40) cubic yards that is serviced by a franchise Roll-Off Collection vehicle. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 1383 specifically refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted on November 3, 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
“SB 1383 Qualified Renewable Natural Gas” or “SB 1383 RNG” means SB 1383 qualified gas derived from Organic Waste that has been Diverted from a landfill and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
“Self-Haul” or “Self-Hauler” means a Person who hauls Discarded Materials, recovered material, or any other material, to another Person, or as otherwise defined in 14 CCR Section 18982(a)(66).

Self-Contractor also includes a Person who back-hauls waste, as defined in 14 CCR Section 18982(a)(66)(A).

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“Service Level” refers to the size of a Customer’s Container and the frequency of Collection service. “Single-Family” or “SFD” means, notwithstanding any contrary definition in Municipal Code, any detached or attached house or residence designed or used for occupancy by one (1) family, provided that Collection service feasibly can be provided to such Premises as an independent unit, and the Owner or Occupant of such independent unit is billed directly for the Collection service.

Single-Family includes Townhouses that maintain individual collection service regardless of whether each unit is separately billed for their specific Service Level. Single-Family also includes duplex, triplex, or four-plex Residential structures regardless of whether each unit maintains individual collection service or is separately billed for their specific Service Level. “Solid Waste” means all putrescible and non-putrescible refuse, garbage, rubbish, and Recyclable Materials, and as otherwise defined in Public Resources Code §40191 and regulations promulgated hereunder. Excluded from the definition of Solid Waste are Excluded Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials are included for Collection in a Solid Waste Container not Source Separated from Solid Waste at the site of generation. “Source Separated” means the segregation, by the Generator, of materials designated for separate Collection for some form of Recycling, Composting, recovery, or reuse. “State” means the State of California.
“Subcontractor” means a Party who has entered into a contract, express or implied, with the Contractor for the performance of an act that is necessary for the Contractor’s fulfillment of its obligations for providing service under this Agreement. Vendors providing materials and supplies to Contractor shall not be considered Subcontractors.
“Ton” or “Tonnage” means a unit of measure for weight equivalent to two thousand (2,000) standard pounds. “Townhouse” means an attached or semi-attached Dwelling Unit within a group of attached or semi-attached Dwelling Units. A Townhouse shall be considered a Single-Family Dwelling Unit if each unit maintains individual Collection service subscription. A Townhouse shall be considered a Multi-Family Dwelling Unit if the Premise receives centralized, shared, Collection service for all units on the Premise. These shall be the designations regardless of whether the Premises are billed individually or through a central account (e.g., homeowner association, property manager).
“Transfer” means the act of transferring the materials Collected by Contractor in its route vehicles into larger vehicles for Transport to other facilities for the purpose of Recycling or Disposing of such materials.
“Transport” or “Transportation” means the act of conveying Collected materials from one location to another.”

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Article 4.

Scope of Agreement

4.1 Scope of Agreement
Article 4, Section 4.1 of the Agreement is hereby amended as follows:
“Subject to Article 4.2 (Limitations to Scope), the Agreement granted to Contractor shall be exclusive for Discarded Materials except where otherwise precluded by law. This Agreement does not include construction and demolition debris, Roll Off box Collections or the Collection of liquid waste, Hazardous Waste, medical waste,; however, City reserves the right to add construction and demolition debris, at its sole discretion, at some point in the future. In addition this Agreement does not include either animal waste or remains from slaughterhouse or butcher shops or by-products of sewage treatment, including sludge, ash, grit and screenings.

4.2 Limitations of Scope
Article 4, Section 4.2 of the Agreement is hereby amended as follows:
“The Agreement for the Collection, Processing and marketing of Recyclable Materials and Organic Materials granted to Contractor shall be exclusive except as to the following categories of Recyclable Materials and Organic Materials listed in this Article. The granting of this Agreement shall not preclude the categories of Recyclable Materials or Organic Materials listed below from being delivered to and Collected and Transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from City that is otherwise required by law:

A. Recyclable Materials or Organic Materials separated from Solid Waste by the Waste Generator and for which Waste Generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the Waste Generator for such Recycling or related services; provided that such separation and Recycling or Disposal are actually performed by the Waste Generator, and not by a Subcontractor or other third-party; B. Recyclable Materials or Organic Materials donated to a charitable, environmental or other non-profit organization; provided, however, that all such Recyclable Materials are substantially separated from non-Recyclable Solid Waste by the Waste Generator C. Recyclable Materials or Organic Materials which are separated at any Premises and which are Transported by the Owner or Occupant of such Premises (or by their full-time employee) to a Recycling center;
D. Other Governmental Agencies within the City which can contract for separate Solid Waste, Recycling and Organic Materials services.

E. Contractor shall cooperate with and shall not impede, interfere, or attempt to impede or interfere with the implementation, expansion, or operation of Edible Food Recovery efforts in the City.

This Agreement to Collect, Transport, Process, and market Recyclable Materials and Organic Materialsshall be interpreted to be consistent with State and Federal laws, now and during the term of the Agreement, and the scope of this Agreement shall be limited by current and developing State and Federal laws with regard to Recyclable Materials and Organic Materials handling, Recyclable Materials and Organic Materials flow control, and related doctrines. In the event that changes in

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law limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor and City agree to work in good faith to amend the scope of the Agreement so as to comply with such changes in law, and the City shall not be responsible for any lost profits and/or damages claimed by the Contractor as a result of changes in law.”

4.7 City’s Right To Perform Service; Tagging of Improper Set-Outs, and Prohibited Container Contaminants
Article 4, Section 4.7 of the Agreement is hereby retitled and amended as follows:
“City’s Right to Perform Service. In the event Contractor fails to Collect, remove, and Dispose of Discarded Materials on a Customer’s regularly scheduled Collection day, within twenty-four (24) hours of a request from City or a Customer to do so, City may Collect said Discarded Materials and Contractor shall be liable for all related expenses incurred by City. Such expenses include but are not limited to Disposal, administrative, and legal costs. Contractor shall reimburse City for such expenses as required.

4.7.1 Customer Notices
A. General. If the Contractor observes twenty percent (20%) or more Prohibited Container Contaminantsin a Customer’s Container or does not Collect any item or Container of Discarded Materials due to a Customer’s non- compliance with rules and regulations for proper set-out, Contractor shall attach a Customer Notice, subject to City’s approval, securely to the item or Container specifying the identified non-compliance issues. The Customer Notice shall contain Contractor’s name, telephone number, and information described below.

The Customer Notice shall, at a minimum:

1. Inform the Customer of the reason for the Customer Notice; and

2. Include the date and time the issue was observed.

In addition, upon the identification of Prohibited Container Contaminants in a Customer’s Container as specified in this Section, the Contractor shall provide the Customer with the following information in the Customer Notice, or through another form of communication such as mail, e-mail, text message, or over the phone:

1. Information on the Customer’s requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in each Container;

2. Inform the Customer of the contaminated materials on this occasion with information that the Contractor may assess contamination Processing fees and/or may not Collect the Container in the future; and,

3. Include photographic evidence of the violation(s).

B. Upon identification of Prohibited Container Contaminants. If the Contractor Collects contaminated Recyclable Materials and/or Organic Materials Containers, Contractor shall either Transport the material to the appropriate Approved Facility for Processing; or, Contractor may Collect the contaminated materials with the Solid Waste and Transport the contaminated materials to the Approved Disposal Facility. A Collection of contaminated

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Recyclable Materials or Organic Materials where the materials are sent to the Approved Disposal Facility may be made with a Solid Waste Collection vehicle, provided that the contaminants may safely and lawfully be Collected as Solid Waste.

C. Communications with Customer. Whenever a Container at the Premises of a Customer is not Collected, Contractor shall contact the Customer on the scheduled Collection day by telephone, email, text message, or other verbal or electronic message to explain why the Container was not Collected. Whenever a Container is not Collected because of Prohibited Container Contaminants, a Customer service representative shall contact the Customer to discuss, and encourage the Customer to adopt proper Discarded Materials preparation and separation procedures.

D. Contractor Return for Collection. Upon request from Customer, Contractor shall Collect Containers that received Customer Notices specifying non-Collection within one (1) Working Day of Customer’s request. Contractor shall bill Customer for the extra Collection service event (“extra pick-up”) at the applicable City-approved Rates only if Contractor notifies Customer of the premium Rate for this service at the time the request is made by Customer.

E. Assessment of Contamination Processing Fees. If the Contractor observes twenty percent (20%) or more Prohibited Container Contaminants and has issued a Customer Notice specifying a Collection, the Contractor may impose a contamination rate approved by the City for that Customer’s Service Level, if and only if Contractor has informed the Customer of the potential for a Processing fee pursuant to this Section. The intent of contamination fees is to provide a behavioral tool to educate and prevent Customers from placing Source Separated Discarded Material into the improper designated Container(s). To ensure that assessment of fees are to be used for the intended purposes and not as a form of revenue generation, After the first issuance of a Customer Notice for the observance of Prohibited Container Contaminants in one (1) calendar year, Contractor may issue a fee of ten (10) dollars. After the second observance of Prohibited Container Contaminants in the same calendar year, Contractor may issue a fee of twenty (20) dollars. After the third observance of Prohibited Container Contaminants in the same calendar year, Contractor may issue a fee of thirty (30) dollars. In the fourth and any subsequent observances of Prohibited Container Contaminants in the same calendar year, Contractor may increase the contamination Processing fee by ten (10) dollar increments and may Collect the contaminated materials with the Solid Waste and Transport the contaminated materials to the Approved Disposal Facility, provided that the contaminants may safely and lawfully be Collected as Solid Waste.

F. Suspension of Contamination Processing Fee Program. Contractor agrees that contamination fees shall not exceed one percent (1%) of Contractor’s Gross Receipts in any calendar quarter.

In the event that contamination fees exceed one percent (1%) of Contractor’s Gross Receipts in any calendar quarter, the assessment of contamination fees shall be suspended immediately and indefinitely pending a program assessment by the City and Contractor. Upon program suspension or at the request of the City at any time during the Term of the Agreement, City and Contractor shall meet and confer regarding the application and effectiveness of contamination fees in accomplishing the behavior change. If the program is suspended due to excessive revenue generation, the City may require Contractor to either: i) modify the program parameters; ii) modify the amount of the contamination fee; or, iii) return to the City any funds generated by the contamination fee which exceed one percent (1%) of Contractor’s Gross Receipts for a given period of time.

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G. City Actions upon Identification of Prohibited Container Contaminants. The City or its designee shall perform SB 1383 activities required for the identification of Prohibited Container Contaminants which includes but is not limited to, record keeping, provision of educational notices and reporting.”
Article 5.

Direct Services

5.1 General
Article 5, Section 5.1 of the Agreement is hereby amended as follows:
“The work to be done by Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services, as set forth in this Agreement. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated or not.

The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the Residents and Commercial Businesses within the City are provided reliable, courteous and high-quality Discarded Materials Collection services at all times.

The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this Article, whether such aspects are enumerated elsewhere in the Agreement or not.”

5.2 Solid Waste. Recycling and Organic Material Services Article 5, Section 5.2 of the Agreement is hereby amended as follows:
“No later than the Effective Date, Contractor shall provide regular weekly Collection of Discarded Materialsfor all places and Premises within City, or such other level of service as may be determined by City with the consent of Contractor and at rates established by this Agreement. Contractor shall provide more frequent Collection services at rates established by this Agreement forthose Premises within the City that generate larger volumes of Solid Waste.

Contractor shall provide regular Collection of Recyclable Materials and Organic Materials placed in Containers at the designated Collection locations for Single-Family Dwelling Units, Multifamily Dwelling Units and Commercial businesses , all at the Rates established by this Agreement and in Containers that comply with the requirements of this Agreement. Contractor shall Transport all Discarded Materials to the Approved Facility(ies) as specified in Sections 5.7 and 5.10. Residential Recyclable Material and Organic Materials Collection shall be collected weekly on the same day of the week as Solid Waste Collection service, unless in-yard service is provided or Customer has received a waiver pursuant to Section 6.12. Commercially Generated Recyclable Materials and Organic Materials Collection shall be on a schedule as determined by Contractor and the Waste Generator.

No later than the Effective Date, Contractor shall implement an Organic Materials Collection program that allows Generators to commingle Food Waste and Green Waste in the Organic Materials Containers to all Residential, Multi-family, and Commercial business with exception to any waivers granted pursuant to Section 6.12. Contractor shall provide Organic Materials Collection service, as described in this Section of the Agreement, and Transport the Organic Materials to (i)

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the Approved Organic Waste Processing Facility. Contractor recognizes that because of an unusual circumstance, a Single-Family Dwelling Unit may generate more Recyclable Material than will fit in the blue Recyclable Materials Container. The excess Recyclable Material may be neatly placed next to the blue Container and Contractor will Collect the excess Recyclable Material at no additional charge. This extra service to a Single-Family Dwelling Unit shall be limited to a frequency of once per month and a quantity to an amount that will fit into the existing blue Recycling Materials Container.

Handicapped residents who reside in a Single-Family Dwelling Units shall have the option of placing their Containers near their Dwelling Unit, visible from the curb and the Contractor will collect their Containers at this location and return the Containers to the same location. To be eligible for this Collection option, residents must present proof of their physical incapacity to the Contractor.”

5.3 Recyclable Materials to be Collected
Article 5, Section 5.3 of the Agreement is hereby removed in its entirety.

5.4 Refusal to Provide Collection Services
Article 5, Section 5.4 of the Agreement is hereby amended as follows:
“Contractor may refuse to Collect Recyclable Materials or Organic Waste and shall not be obligated to continue to provide Container(s) to any participant in the Recycling or Organic Waste program who, after reasonable warning by Contractor, fails to properly sort and set out Recyclable Materials or Organic Waste, including excessive contamination. Contractor shall report monthly to City any warning notices issued as described in Exhibit G.”

5.5 Marketing and Sale Recyclable Materials and Organic Materials Article 5, Section 5.5 is hereby retitled, and amended as follows:
“Contractor shall be responsible for the marketing and sale of all Recyclable Materials and Organic Materials Collected pursuant to this Agreement. Revenues from the sales of these materials shall be retained by Contractor.”

5.6.1 Schedules
Article 5, Section 5.6.1 of the Agreement is hereby amended as follows:
“To preserve peace and quiet, no Discarded Materials shall be Collected from or within two-hundred (200) feet of Residential Premises between 5:00 P.M. and 6:00 AM. on any day. Residential Discarded Materials shall be Collected Monday through Friday on the same day. The one exception is the Contractor may elect to collect motor oil and filters with a separate vehicle using an on-call program. When the regularly scheduled Collection day falls on Christmas, Collection shall take place on the following regularly scheduled Collection day. In the event the Contractor misses the Collection of properly set out Discarded Materials the Contractor shall collect the missed pickups within one (1) Business Day of notification.”

5.6.3 Discarded Materials Containers
Article 5, Section 5.6.3 of the Agreement is hereby retitled, and amended as follows:

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“Contractor shall supply each Single-Family Dwelling Unit with a 32, 64 or 96-gallon Container for Solid Waste. The monthly service fee for each size Container is shown in Exhibit A. In addition, each Single-Family Dwelling Unit will receive from Contractor a 64 or 96-gallon Container for all commingled Recyclable Materials and a 64 or 96-gallon Container for Organic Materials. If requested by Customer, Contractor shall provide to the Customer a 64, or 96 gallon Recyclable Container and a 96 gallon Organic Materials Container. The Contractor shall provide kitchen pails designed to contain Food Scraps prior to placement in the Customer’s Organic Materials Cart.

Contractor will be responsible for distribution of kitchen pails to Single-Family and Multi-Family Customers upon request, from Contractor’s office beginning the Effective Date. City or its designee may restock Contractor inventories at local offices for distribution to new residents or residents who need a replacement.

Contractor shall supply each Multi-Family complex and Commercial or governmental agency with appropriately sized Containers for Discarded Materials. Contractor agrees to provide additional Containers, as requested, by all Persons at the rate as shown on Exhibit A. Note that all Multi-Family complex and Commercial or governmental agency Customers shall be entitled to the free Collection of an unlimited quantity of Recyclable Material picked up twice per week. Contractor agrees not to limit the specific type of Recyclable Material (such as cardboard only) that can be placed in a Container unless approved by the City on a Customer by Customer basis.

All Solid Waste Cart lids shall be black/grey, all Recyclable Materials Cart lids shall be blue, and all Organic Materials Cart lidsshall be green. All Solid Waste Bin, Compactor, and franchise Roll-Off lids or bodies shall be black/grey, all Recyclable Materials Bin, Compactor, and franchise Roll-Off lids or bodies shall be blue, and all Organic Materials Bin, Compactor, and franchise Roll-Off lids or bodies shall be green. No later than December 31, 2035, Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Section or as otherwise specified in 14 CCR Section 18982; 14 CCR, Division 7, Chapter 12, Article 3; or other Applicable Law.

If an existing Container breaks or is otherwise rendered non-functional on or after January 1, 2022, the Contractor shall replace the non-functional Container with a Container that complies with the color requirements of this Section. Notwithstanding this Section, the Contractor is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Section prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

Any new Containers for Recyclable Materials shall include an in molded graphic or sticker which provides instructions to the Waste Generator. The final color and signage, including the in molded graphic or sticker on the Containers shall be approved by the City Manager or their designee.

City and Contractor acknowledge that from time to time, Containers become damaged or destroyed. City and Contractor also acknowledge that from time to time Containers may be stolen from the curb or damaged due to normal use. The fee schedule to replace lost or damaged Containers is shown on Exhibit A.

All Contractor supplied Containers for Discarded Materials shall remain the property of Contractor.

Containers damaged due to lack of reasonable care by the Customer, or Containers damaged by graffiti may be replaced by Contractor, the fee for which shall be the same as for lost or damaged

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Containers as set forth on Exhibit A. Contractor may recover Containers used by Customersfor other than their intended purpose.”

5.7 Disposal Requirements
Article 5, Section 5.7 of the Agreement is hereby amended as follows:
“A. Contractor shall Dispose of all Solid Waste Collected under this Agreement at Contractor's own expense and in accordance with all Federal, State and local laws, rules, and regulations.

Contractor shall be responsible for securing an Approved Facility(ies) for Disposal of all Solid Waste Collected by Contractor pursuant to this Agreement.

B. Contractor shall secure, within ninety (90) days of the Effective Date of this Agreement, sufficient Disposal site capacity commitment including landfill Disposal site capacity to adequately serve the reasonable anticipated Solid Waste Disposal needs of Contractor's Customers. City reserves the right to review and require approval for said Disposal capacity commitments.

C. If Contractor receives notice from an Approved Facility operator, or otherwise finds, during the term of the Agreement, to be prevented from delivering Discarded Materials to the Approved Facility(ies), Contractor shall immediately notify, in writing, the City Manager, stating the reason(s) Contractor is prevented, or expects to be prevented, from delivering Solid Waste at the Approved Facility. Contractor shall expeditiously identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for and secured by Contractor.

D. The Parties understand and agree that City intends to commence and participate in waste Diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, AB 341, AB 1826, and other Applicable Laws, or such other programs as may be established by City.

E. Contractor shall deliver all Solid Waste to any landfill which collects the San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to County Resolution No. 90-383. If the Contractor delivers Solid Waste to a landfill which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, the Contractor will make, on a monthly basis, the equivalent payment directly to the County's Waste Management Tipping Fee - AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust- Site Fund# 0160.

F. Payment of the equivalent fees shall be made to County within thirty (30) days after the end of each calendar month, or prorated portion thereof, in which the Contractor delivers waste to an alternate facility. In the event that Payment is not received by County within thirty (30) days after the date specified, then Contractor shall pay a penalty of ten percent (10%) on the outstanding balance, and Contractor shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is greater, from the date of Contractor's failure to pay.

G. As of March 1, 2007 the Tipping Fee Surcharge for Fund # 0159 is $3.00 per Ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per Ton. Payments made by the Contractor shall be sent to the County Franchise Coordinator along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees.”

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5.8 Cleaning Containers
Article 5, Section 5.8 of the Agreement is hereby retitled, and amended as follows:
“Contractor shall steam clean and refurbish all Commercial Bins at Contractor's own expense every 6 months upon request. Customers desiring more frequent cleaning may arrange additional cleaning with Contractor at a Rate established by City, including pick- up, cleaning, and replacement of Bins.

Contractor shall set a steam cleaning fee and/or a clean Container exchange fee for Organics Materials Containers to Residential Customers requesting such service up to two (2) times per year per Organics Container.”

5.9 Clean-Up Days
Article 5, Section 5.9 of the Agreement is hereby amended as follows:
“At least twice per year throughout the term of this Agreement, Contractorshall provide, in addition to regularly scheduled service, two clean-up events pursuant to guidelines established by the Contractor and approved by the City, for Solid Waste placed at the curb by Single Family Dwelling Units and at pre-arranged locations for Multi-Family Residential properties in addition to each Customer's normal Collection service. The dates for each event shall be proposed by Contractor and approved by the City Manager, or their designee prior to September 1st of each year.

Contractor shall record by class and weight (in Tons) the Solid Waste, white goods, etc., Collected during the clean-up events. Contractor shall record the kinds and weights (in Tons) of Solid Waste Diverted during these clean-ups from the landfill through Recycling, reuse, transformation or other means of Diversion.

Contractor shall maintain the separation of any Collected Green Waste from other acceptable materials during clean-up days and Transport Green Waste to the Approved Organic Material Processing Facility.”

5.11 Material Processing
Article 5, Section 5.11 of the Agreement is hereby amended as follows:

5.11.1 “Receipt of Recyclable Material and Organic Material The Contractor shall have in place or have made arrangements for an Approved Materials Recovery Facility and Approved Organic Materials Facility to receive and accept all deliveries of Recyclable Materials and Organic Materials generated in the City.

5.11.2 Status of Materials Recovery Facility
The Approved Materials Recovery Facility shall be a Facility or operation that Processes SingleFamily, Multi-Family, and Commercial Source Separated Recyclable Materials to recover materials designated for Collection in the Recyclable Materials Container. Any Approved Materials Recovery Facility used by contractor must be designed and constructed in accordance with all State and local laws and other Applicable Laws (e.g., CEQA, California Code of Regulations, etc.). The Approved Materials Recovery Facility must have all permits from Federal, State, regional, County and city

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agencies necessary for it to operate as a Material Recovery Facility and must be in full regulatory compliance with all such permits and Applicable Law.

The selected Approved Materials Recovery Facility must be authorized to accept, under its existing permit, and have sufficient uncommitted capacity to accept, all Recyclable Materials and/or Organic Materials delivered to it by, or on behalf of, Contractor for the term of this Agreement. Contractor shall immediately notify City of any notice of breach or default received from Approved Materials Recovery Facility.

Contractor’s Approved Organic Material Processing Facility shall be a Facility that Processes SingleFamily, Multi-Family, and Commercial Source Separated Organic Waste to recover Organic Material.

5.11.3 Alternative Processing Facility
If Contractor becomes unable to deliver the City's Recyclable Materials to the Materials Recovery Facility due to causes within its control and which could have been avoided by the exercise of due care, the Contractor shall arrange for it to be accepted at another Materials Recovery Facility, in which case Contractor shall pay for any increased Transportation costs, any differences in the fees charged at such Materials Recovery Facility and the fees then in effect under this Agreement. If Contractor's inability to deliver the City's Recyclable Materials to the Materials Recovery Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Contractor shall propose alternative Material Recovery Facilities including all related costs and City shall have the right to approve the alternative to be used. The City shall pay for the increased cost of using an alternative facility. Contractor shall provide notice by email to the City within fortyeight (48) hours of the use of an alternative Processing Facility.

Contractor shall keep all existing permits and approvals necessary for use of the Approved Processing Facility in full regulatory compliance. Upon request, Contractor shall provide copies of facility permits and/or notices of violations (obtained from its Processing Facility if necessary) to City Manager.

5.11.4 Disposition of Unauthorized Waste
It is understood that the Contractor is not authorized and is not required hereunder to Collect and Transport Hazardous Waste or restricted or other waste that is not acceptable or permitted for Disposal at a Transfer station, Material Recovery Facility, or Disposal site. In addition, Contractor shall not be required to Collect Containers that are not set out or filled in accordance with, or do not meet Contractor's Collection requirements. Regardless of the reason, when any Discarded Materials or other material is not Collected by Contractor, Contractor shall leave a tag on the material stating the reasons for Contractor's refusal to Collect the same. Adequate records of the tags shall be maintained by Contractor and shall be available to the City for inspection upon reasonable notice during business hours. If Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully Disposed of or released in reportable quantities in the City, including on, in, under or about City property, including streets, easements, rights of way and City waste Containers, Contractor shall immediately notify the City of the same. If Contractor discovers Hazardous Waste, or other material that may not be legally accepted, among materials that it has inadvertently accepted, Contractor may either return such materials to the applicable Waste Generator or Dispose of such waste at its own expense and

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Arroyo Grande City CouncilApril 12, 2022

Arroyo Grande City Council
April 12, 2022