Arroyo Grande City Council
November 22, 2022

(6) Loose livestock roaming on roadways or other public areas. iii) Provide for the response to any of the following during Animal Services' normal business hours:
(1) Pick-up and impoundment of unlimited numbers of stray confined domestic animals.
(2) Pick-up and disposal of unlimited numbers of dead domestic animals from roadways, parks, and other public areas.
(3) Pick up and transfer to shelter of owned animals for surrender or euthanasia.
(4) Pick up of dead owned animals for disposal.
iv) Provide for the necessary medical treatment and emergency care for domestic animals picked up by Animal Services personnel and for those domestic animals presented directly to veterinarians by private citizens and emergency response personnel.
v) Provide for the receipt, processing and investigation of animal bite reports as well as the subsequent quarantine of animals in accordance with State codes pertaining to rabies control.
vi) Request assistance from the San Luis Obispo County District Attorney's Office Bureau of Investigations when an animal bite results in significant injury causing death or likely to cause death or in any case Animal Services believes may require significant criminal investigation beyond the experience of Animal Services Officers.
vii) Receive and respond to reports of animals, domestic or wild, which are suspected to be rabid or to have been exposed to rabies infection and attempt to affect their capture. Captured animals will be processed in accordance with state codes pertaining to rabies control.
viii) Receive and process all applications related to the keeping and sale of household pets; inspect and regulate permitted operations in accordance with local and State codes.
ix) Provide for the recording, investigation, administrative hearings, and issuance of findings and orders related to animal nuisances, animal seizures or confiscations, and dangerous or vicious animals. Nuisances which remain unresolved following the issuance of an abatement order will be processed to court through the City Attorney’s office.

x) Assist in the preparation and filing of court documents related to the civil and/or criminal prosecution of cases involving violation of municipal codes pertaining to the care, treatment, and keeping of domestic animals. xi) Provide for the preparation, filing and civil or criminal prosecution of cases involving violations of California state codes pertaining to the care, treatment, and keeping of domestic animals.
c) Reporting: Provide to the City bi-annual service activity and financial reports reflecting field services, licensing, shelter operations, and humane education programs. Reports will detail this information for both the individual quarter and year-to-date.
d) Collaboration: Participate collaboratively with the City in regards to matters impacting the provision of animal care and control services. County shall not append or modify the provisions of Title 9 of the San Luis Obispo County Code without having first consulted with the City.

2. City Obligations. The City shall perform the following duties:
a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by way of reference, animal control ordinances which are in conformity to and are not in substantial conflict or in variation from Title 9 of the San Luis Obispo County Code.
b) Prosecution of Municipal Code Violations: Through the City Attorney, provide for the preparation, filing and civil or criminal prosecution of cases involving violation of municipal codes, pertaining to the care, treatment, and keeping of animals, including all such codes incorporated into the municipal code by way of reference.
c) Assistance: Provide such assistance and support to Animal Services personnel as may be reasonably necessary to safely and effectively execute the operations required by this Contract within the City limits.

3. Animal Care and Control Coordination Group: The County and City agree that Animal Services is a shared interest of all parties and that all participating jurisdictions will share in the cost and revenue generated based on actual costs and fees generated in each jurisdiction. Further, policy-setting and procedure development will happen in a collaborative manner, with all participating jurisdictions having input into the best way to conduct these services in San Luis Obispo County.

To coordinate efforts, the participating jurisdictions, including the City and County agree to meet and confer periodically to discuss current issues as they

relate to the fiscal and practical application of this contract, along with other potential items identified by the group. Such meetings shall be coordinated by the Health Agency Director from time to time as necessary, but no less than once quarterly.

This group commits to a goal of reducing animal intakes and total animal nights by an average of 5% annually for the next five years while maintaining the compassionate and responsible provision of services and improving Animal Services revenues to decrease the net cost of services. The targeted reductions are to be accomplished primarily by reducing the need for services and the costs of those services, not by reducing or denying needed services.

As part of this commitment, the County agrees to develop performance benchmarks and communicate them quarterly to the group on the following:
a) Cost of Services/per Capita (by City) over time.
b) Cost of services/per City over time.
c) Number of Full-Time Equivalent (FTE) positions within Animal Control over time.
d) Number of field FTE within Animal Control over time. e) Geographical Information Service (GIS) heat maps of calls for service over time by City (requested development from County IT Department, maps to be provided when available).
f) Average response times by call types over time by City. g) Percentage of animals licensed by the City over time. h) Other data points charted out over time that were used to spread out the Animal Shelter costs.

In the first quarter of year one of this contract, the group will propose Ordinance updates aimed at lowering domestic animal populations and costs and increasing animal services related revenues. The County agrees to present the collaborative Ordinance updates for consideration by the County Board of Supervisors. The City agrees to present the Ordinance updates for consideration by their City Council.

CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

EXHIBIT B - COMPENSATION
1) First Year Service Fee: The City agrees to pay to the County the amount of $88,491 for services provided under this Contract during the first year of service. 2) Subsequent Years’ Service Fee: The County shall compute on an annual basis a service fee assessed to the City for services provided under this Contract. 3) Timing of Service Fee: The County shall calculate annual service fees and provide them to the City prior to April 15th of each year, with service fees becoming effective on July 1st of that year. No further action by either party is necessary to implement new fees in subsequent years.
4) Service Fee Methodology: The County shall use a service-based methodology for determining City service fees. The service-based methodology shall be based on four key facets of Animal Services' operations:
• Field Service
• Licensing
• Shelter Operations
• Education Services
a) Determination of Cost of Service - The cost of providing services to the City will be calculated by determining the average percentage of service allocated to the City over the preceding three years for each of the four facets of operations and multiplying this percentage against Animal Services operational cost for each facet. Combined, this then represents the City's total service cost in proportion to the County and all other contracting parties.
b) Credit for Fees - The average annual revenue generated from fees or fines assessed directly to residents of the City by Animal Services over the preceding three years will be applied against the City's total service cost.
c) Determination of Service Fee - The fee assessed to the City for provision of services outlined in this Contract shall be determined by subtracting the average revenue as determined by item 4b of this exhibit from the average cost of service as determined by item 4a of this exhibit.
5) Billing: County shall bill City for contracted services in quarterly increments. City shall remit payment to the County within thirty (30) days of receipt of billing.

CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

EXHIBIT C - DURATION
1) Effective Date: This Contract shall be effective July 1, 2022, or fifteen (15) days following of the date of the signature of the County, whichever is later. The County shall be the last to sign this Contract.
2) Service Date: City and County acknowledge that the services provided under this Contract are a continuation of those established during the preceding contract term and that these services may have been provided uninterruptedly between July 1, 2022, and the date of execution by the County in order to ensure the interest of public service. a) Both City and County expressly and retroactively authorize the provision of these services.
b) For the purposes of billing and determination of the First Year Service Fee as provided in Exhibit B, the first year of service will be presumed to have begun on July 1, 2022. 3) Duration: The term of this Contract shall expire June 30, 2025, unless terminated sooner as provided in Exhibit D.

CONTRACT FOR

ANIMAL CARE AND CONTROL SERVICES

EXHIBIT D - GENERAL CONDITIONS
1) Termination: Either party may terminate this Contract at any time by giving the other party thirty (30) days written notice of termination. Termination for convenience shall have no effect upon the rights and obligations of the parties arising out of any services provided occurring prior to the effective date of such termination. County shall be paid for all work satisfactorily completed prior to the effective date of termination. In the event that the Contract is terminated prior to the conclusion of a quarterly billing cycle, the City shall remit to the County a prorated amount based upon the number of days of service relative to the total number of days in the billing cycle. 2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or obligations to, or rights in third parties not party to this Contract or affect the legal liability of either party to Contract, by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law.

It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Contract. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by the County under this Contract except as otherwise provided by Statute.

It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Contract. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall defend, indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute.

3) Notices: Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing.

Notices for County shall be addressed to:

Eric Anderson
Animal Services Manager
885 Oklahoma Ave.

San Luis Obispo, California 93406
Notices for Contractor shall be addressed to:

Whitney McDonald
City Manager
300 E Branch Street Arroyo
Grande, CA 93420
4) Status of the Parties' Officers/Employees/Agents: Neither party’s officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other party at any time. Nothing in this contract shall be construed as creating a civil service employer - employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other party shall be eligible for membership in or receive benefits from any plan for hospital, surgical, or medical insurance, or be eligible for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, appeals to the Civil Service Commission or any other benefits which inures to or accrues to an employee of the other party. The only performance and rights due the other party are those specifically stated in this contract. 5) Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of California. Additionally, this contract has been formed and shall be performed in San Luis Obispo County; the venue for any legal action on the contract shall be in San Luis Obispo County.
6) Entire Agreement: This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the parties.

7) Severability: In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract.
8) Successors and Assigns: This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 9) Captions: The captions to the various clauses of this Contract are for information purposes only and shall not alter the substance of the terms and conditions of this Contract.
10) Authorization: Each of the parties represents and warrants to the other that this Contract has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Contract is fully binding on such party.

Item 9.i.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Adoption of a Resolution Establishing a Policy for the Arroyo Grande Tourism Business Improvement District Visit Arroyo Grande Website Calendar of Events
DATE: November 22, 2022
SUMMARY OF ACTION:

Adoption of the Resolution will establish a Policy for posting events to the Arroyo Grande Tourism Business Improvement District (AGTBID) Visit Arroyo Grande website Calendar of Events.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial or staffing impact from this action.

RECOMMENDATION:

Adopt a Resolution that establishes a Policy for posting events to the Arroyo Grande Tourism Business Improvement District Visit Arroyo Grande Website Calendar of Events.

BACKGROUND:

In April 2013, the City Council adopted an Ordinance establishing the AGTBID. The AGTBID was formed under the Parking and Business Improvement Law of 1989, Sections 36500 et. seq. of the Streets and Highways Code and incorporated into the Arroyo Grande Municipal Code (AGMC) in Title 3, Chapter 3.46. The purpose of forming the AGTBID was 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 in the AGTBID as a tourist destination.

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

Item 9.i.

City Council
Consideration of Adoption of a Resolution Establishing a Policy for the Arroyo Grande Tourism Business Improvement District Visit Arroyo Grande Website Calendar of Events
November 22, 2022

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.

At the June 27, 2022 AGTBID Advisory Board meeting, an AGTBID Board Member inquired about adding businesses and events in Arroyo Grande to the Visit Arroyo Grande website and requested the item be agendized at a future meeting for discussion. During the August 22, 2022 AGTBID Advisory Board meeting, the AGTBID Board recommended creating a framework to add businesses and events to the Visit Arroyo Grande website to align with the 2021-2024 Visit Arroyo Grande strategic plan and Visit SLO CAL’s Events and Festival Strategy. At the October 24, 2022 AGTBID Advisory Board meeting, South County Chambers of Commerce staff presented a proposed framework and draft policy for the Board’s consideration. Upon review and discussion, the Board revised the framework and draft Policy and made a recommendation that the City Council consider adopting the revised policy.

ANALYSIS OF ISSUES:

The purpose of the Visit Arroyo Grande calendar of events is to enhance the visitor experience and increase the likelihood that a visitor will choose Arroyo Grande as a destination based on the attractive sights and events that provide a broad interest to potential visitors. The events section of the website is a tool for the AGTBID to encourage more overnight stays, extended stays, and return visits based on the unique things to see and do in Arroyo Grande. Calendar postings and “things to see and do” pages are designed to announce special activities of broad interest to tourism, not regularly scheduled activities (i.e., church services, exercise classes, etc.).

The proposed policy includes provisions designed to ensure that the events posted on the Visit Arroyo Grande website support this stated purpose through requirements such as the following:
 The Visit Arroyo Grande Calendar of Events may be used to post cultural or recreational events in Arroyo Grande that are open to the general public sponsored by non-profit, civic, social, charitable, city, or private business if it meets the purpose and overview of Visit Arroyo Grande and this Policy.  No announcements may be posted that will promote a commercial interest or commercial cause, unless it is an activity that would encourage overnight lodging such as a race, wine tasting activities, etc.
 The calendar may not be used to promote political or commercial events  The event must take place in Arroyo Grande, Grover Beach, Pismo Beach, Oceano, Nipomo, Shell Beach, and/or Avila Beach
 The event must be of interest to overnight tourists traveling to South SLO County  The event should be a public festival, fair, parade, wine tasting, tourism attraction or similar

Item 9.i.

City Council
Consideration of Adoption of a Resolution Establishing a Policy for the Arroyo Grande Tourism Business Improvement District Visit Arroyo Grande Website Calendar of Events
November 22, 2022

 The event cannot be of a political or religious nature  The event cannot be a workshop, class, tour, regular performance, regular business promotion, club event, private or virtual, or local fundraiser  The event must have a professional looking website and be mobile friendly  The website’s homepage must be public facing in nature with all requests for volunteers, sponsors, vendors, and participants accessible from the home page via links only
 All events are subject to review and selection by the managing agency for the Arroyo Grande Tourism Business Improvement District.

ALTERNATIVES:

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

1. Adopt the Resolution establishing a policy for the Arroyo Grande Tourism Business Improvement District Visit Arroyo Grande Website Calendar of Events;

2. Modify the policy for the Arroyo Grande Tourism Business Improvement District Visit Arroyo Grande Website Calendar of Events and adopt the Resolution;

3. Do not adopt the Resolution; or

4. Provide other direction to staff.

ADVANTAGES:

Approving the Policy will allow for the AGTBID and Visit Arroyo Grande to promote events and special activities which could increase the likelihood that a visitor will choose to visit and stay in Arroyo Grande.

DISADVANTAGES:

No disadvantages have been identified regarding this item.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Resolution and Policy

2. Draft Minutes from October 24, 2022 AGTBID Advisory Board Meeting

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE ADOPTING A POLICY FOR THE

ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT

DISTRICT VISIT ARROYO GRANDE WEBSITE

CALENDAR OF EVENTS
WHEREAS, on February 26, 2013, the City Council Adopted Resolution No. 4516 establishing the Arroyo Grande Tourism Business District Advisory Board (“Advisory Board”); and
WHEREAS, the purpose of the Advisory Board is to consult with and advise the City Council on those matters dealing with the method and basis of levying assessments within the Arroyo Grande Tourism Business Improvement District, expenditure of revenues derived from such assessments, and programs, services, improvements, and activities intended to promote lodging establishments in the City of Arroyo Grande through the promotion of scenic, recreational, cultural, and other attractions in the Arroyo Grande Tourism Business Improvement District as a tourist destination; and WHEREAS, the City Council may, be resolution, adopt policies governing the operation of the Arroyo Grande Tourism Business Improvement District and the Advisory Board.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows:

1. The recitals set forth herein are true and correct and incorporated herein.

2. The City Council hereby adopts the Policy establishing terms and conditions for the Visit Arroyo Grande website calendar of events attached hereto as Exhibit A and incorporated herein by this reference.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 22nd day of November, 2022.

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

RESOLUTION NO.

PAGE 3

EXHIBIT A

ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT

TERMS AND CONDITIONS FOR VISIT ARROYO GRANDE WEBSITE CALENDAR

OF EVENTS
Purpose
The Visit Arroyo Grande Calendar and Events page is for the purpose of enhancing the visitor experience and increasing the likelihood a visitor will choose our destination based on the attractive sights, sounds, and events that provide a broad interest. The events section of the website is a tool for the Arroyo Grande Tourism Business Improvement District to encourage more overnight stays, extended stays, and return visits based on the unique things to see and do in Arroyo Grande.

Overview
Calendar/event postings and the Things to See and Do pages are designed to announce special activities of broad interest to tourism, not regularly scheduled activities (i.e., church services, exercise classes, etc.). No announcements may be posted that will promote a commercial interest or commercial cause, unless it is an activity that would encourage overnight lodging in Arroyo Grandes such as a race, wine tasting activities, etc.

The Community Calendar may be used to promote:

Cultural or Recreational events in Arroyo Grande that are open to the general public sponsored by non-profit, civic, social, charitable, city, or private business if it meets the purpose and overview of Visit Arroyo Grande and this Policy.

The Community Calendar may not be used to promote political or commercial events.

Posted events must comply with the following requirements:
 The event must take place in Arroyo Grande, Grover Beach, Pismo Beach, Oceano, Nipomo, Shell Beach, and/or Avila Beach
 The event must be of interest to overnight tourists traveling to South SLO County  The event should be a public festival, fair, parade, wine tasting, tourism attraction or similar
 The event cannot be of a political or religious nature  The event cannot be a workshop, class, tour, regular performance, regular business promotion, club event, private or virtual, local fundraiser  The event must have a professional looking website and be mobile friendly  The website’s homepage must be public facing in nature with all requests for volunteers, sponsors, vendors, and participants accessible from the home page via links only

RESOLUTION NO.

PAGE 4
 All events are subject to review and selection by the managing agency for the Arroyo Grande Tourism Business Improvement District.

ATTACHMENT 2

MINUTES

REGULAR MEETING OF THE

TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) ADVISORY BOARD MONDAY, OCTOBER 24, 2022 3:30 PM

ARROYO GRANDE CITY HALL CONFERENCE ROOM BOARD ROOM / ZOOM WEBINAR 300 EAST BRANCH STREET, ARROYO GRANDE

1. CALL TO ORDER
Board Chair Dasmann called the Regular AGTBID Advisory Board Meeting to order at 3:38 p.m.

2. ROLL CALL AND FLAG SALUTE
Board members requested to hear Item 8 before Item 7.

Board members present: Sean Dasmann, Yvette Eagles, and Jeanine Miranda.

Board members absent: Myraline Morris Whitaker
City representatives present: City Manager Whitney McDonald, Accounting Manager Lynda Horejsi, and Deputy City Clerk/Communications Coordinator Sarah Lansburgh.

Chamber representatives present: CEO Kathy McCorry.

Verdin Marketing staff present: President/Chief Strategy Officer Mary Verdin, Account Manager Natalie Bovee, and Marketing Creative Director Megan Condict.

Visit SLO CAL staff present: Project Manager, Destination Management Melissa Murray and Tracy Campbell.

3. PUBLIC COMMENT
Speaking from the public was Gaea Powell.

Project Manager, Destination Management Melissa Murray gave an update for Visit SLO CAL. SLO CAL Welcome is a customer service learning program with six required modules. Completion of the program results in a certificate, pin, and the individual becoming a certified SLO CAL Welcome Expert in Service. It was recommended this subject be agendized at a future meeting.

4. APPROVAL OF MINUTES OF THE AUGUST 22, 2022 REGULAR BOARD MEETING Moved by Board Chair Dasmann to approve August 22, 2022 Regular meeting minutes Seconded by Board Member Eagles
Motion passed with one abstention by roll call vote
Board Chair Dasmann invited public comment. No public comment was received.

5. REVIEW AND FILE FINANCIAL STATUS REPORTS FROM JULY 2022 THROUGH AUGUST 2022 WITH REVENUE RECEIVED FOR TBID PAYMENTS FROM JULY 2022 THROUGH AUGUST 2022 Accounting Manager Lynda Horejsi presented the financials for the City of Arroyo Grande. Accounting Manager Horejsi stated July 2022 was the highest month for revenue and TOT is trending higher than last year, and the fund is operating at a net profit.

Board Chair Dasmann invited public comment. Verdin Partner & VP of Client Services Ashlee Akers inquired about a possible increase in the budget line by City Council.

Minutes: Arroyo Grande Tourism Business Improvement District Regular Board Meeting Monday, October 24, 2022

City Manager McDonald stated the budget is approved in June and to revisit the budget at that time.

No further public comment was received.

6. REVIEW AND APPROVE THE CALENDAR OF EVENTS POLICY FOR VISIT ARROYO GRANDE

WEBSITE
Chamber CEO Kathy McCorry presented a policy for submitting an event for the event calendar on the Visit Arroyo Grande website.

Moved by Board Chair Dasmann to forward a recommendation to City Council to approve the policy with the following changes: Include events that take place in South County, remove the restriction of 2- day events, and remove references to how far in advance events need to be submitted.

Seconded by Board Member Miranda
Motion passed unanimously by roll call vote
Board Chair Dasmann invited public comment. No public comment was received.

7. REVIEW AND APPROVE REQUEST FROM BASIN STREET REGULARS TO PROMOTE PISMO

JAZZ JUBILEE IN ALL AGTBID ADVERTISING AVENUES AND CHANNELS Curtis Reinhardt requested the AGTBID Advisory Board advertise the Jazz Jubilee on all AGTBID avenues.

Moved by Board Chair Dasmann to approve advertising the Jazz Jubilee on all AGTBID avenues and channels
Seconded by Board Member Miranda
Motion passed unanimously by roll call vote
Board Chair Dasmann invited public comment. No public comment was received.

8. REVIEW AND APPROVE VISIT SLO CAL REQUEST FOR CO-OP PARTNERSHIP OF RESIDENT

RESEARCH STUDY
This Item was heard before Item 7.

Visit SLO CAL Project Manager Tracy Campbell presented a program being sponsored by VISIT SLO CAL to survey residents in Arroyo Grande to ascertain their overall sentiments regarding the impact of tourism in the community.

Moved by Board Chair Dasmann to approve the request for funding the survey.

The motion failed due to the lack of a second.

9. RECEIVE AND FILE QUARTERLY STATISTICS SUMMARY REPORT FROM VERDIN MARKETING FOR FIRST QUARTER FY 2022-2023
Verdin Marketing group reviewed the marketing plan including the vision and mission. After review of the marketing plan, award received, monthly stats, etc. the report was received and filed.

Board Chair Dasmann invited public comment. No public comment was received.

Board Member Eagles left the meeting.

10.ADJOURNMENT
Items 10 Board Communications and Item 11 Staff Communications were not heard.

Minutes: Arroyo Grande Tourism Business Improvement District Regular Board Meeting Monday, October 24, 2022

Board Chair Dasmann adjourned the meeting due to lack of quorum at 5:36 p.m.

Approved byBoard on

Item 9.j.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Sarah Lansburgh, Deputy City Clerk
SUBJECT: Consideration of Appointment to the Planning Commission DATE: November 22, 2022
SUMMARY OF ACTION:

Appointment of Catherine Sackrison to the Planning Commission to fill a vacancy.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

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

RECOMMENDATION:

Approve the recommendation of Mayor Pro Tem George to appoint Catherine Sackrison to the Planning Commission.

BACKGROUND:

City Council policy sets forth appointment procedures for the City’s Commissions, Boards and Committees. Section 5.2 of the City Council Handbook states that “the Mayor and each member of the Council shall appoint one representative to each respective Commission/Board/Committee…, subject to approval by a majority of the Council.” A vacancy on the Planning Commission occurred in October 2022 with the resignation of Commissioner Frank Schiro, previously appointed to the Commission by Mayor Pro Tem George.

ANALYSIS OF ISSUES:

The Planning Commission is responsible for advising the City Council and Community Development Department on all matters pertaining to the growth and development of the City. There is a current unscheduled vacancy on the Commission with a term expiration date of January 31, 2025. Catherine Sackrison has applied and is recommended for appointment by Mayor Pro Tem George.

Item 9.j.

City Council
Consideration of Appointment to the Planning Commission November 22, 2022

ALTERNATIVES:

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

1. Approve Mayor Pro Tem George’s recommended appointment of Catherine Sackrison to the Planning Commission;

2. Do not approve the recommended appointment; or

3. Provide other direction to staff.

ADVANTAGES:

Approving the recommended appointment will provide for a full membership of the Planning Commission.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Application – C. Sackrison

CITY OF ARROYO GRANDE
"List of Citizens to Serve"
300 East Branch Street
. Arroyo Grande, CA 93420

RECEIVED
OCT 1 9··2022
Cl~~~~~~~ 9FFICe

OGRANOE
Application to Board, Committee, or Commission
I

PLEASE PLACE A CHECK MARK NEXT TO THE BOARD/COMMITTEE/COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection}:
/ Planning Commission
_ Tourism Business Improvement District Advisory B.oard _Downtown Parking Advisory Board
_Architectural Review Committee
_special committees/ subcommittees
************************************************************************************ Date of A'll?lication .:oltJ/.:2-J--,
Name V ttcjq?tr txl_~ dJ.:J1.e,,c11~
Last \ First
Home Address >' ~ Cmrnde.- , CA Cfi1@
Home or Cell Phone Business Phone ________ ..,_._ ________ _ E-mail address (Optional)
Do you reside within the City limits of Arroyo Grande? Yes 1./ No ___ _ Are yo1.,1 a registered voter? Yes v::" No ___ _
Occupation ~f-r(, 01 D l,n ,tr-taL - I~ i cJ -v1,,, '/ • Employer K./44 t,I,, J' ·fnYl& JU ec:a:~ A. 1 In e. - . . . .

Education (Include professional or vocatio~al licenses or certificates) {L C.Ll}: • B.ffJCit4 '4fff /8.J} > Lr20= &m:6'.(d. ll tr: Catcb-. ( tit et~
Community involvement·(List organization memberships and committee assignments) ______ _ Io r11 l Ln ✓ t' ti-1()4 lD ,.J nee·. llU OJ /J.t;C of: c2- Jc./1.0 e I Pm /P711-: /iod£L.a . , j 7 " . I 2 1 . • ' · . / " [/ ,f)"U t, ' • ~ . ~
• ¥ - •
• I
Rev 0'1 /19/2022
ATTACHMENT 1

.J
' (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM)
What dCJ you see as the objectives and goals of the advisory board, committee or commission for which you are applyirig? . bLL..,,
Please list three (3) Arroyo Grande references. PLEASE OBTAIN PERMISSION FROM INDIVIDUALS BEFORE LISTING THEM AS A REFERENCE, 1
Nam~:! t1 Q 6e lfty-L
Name:,Atzlf. fa,_c/<ri.rm
Name: [if /lt/1J' 01 J
Address: '
Address:

Addr~ss:

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 the month at 3:30 p.m. in . January, February, April, June, August, and October
Are you willing to commit to the ti~. necessary to fulfill the obligations of an appointment to a Board, Committee or Commission? Yes--"'J/ __ · No ..... __
· I hereby declare that the foregoing information is true and complete to the best of my knowledge and ber f.
1vb1!~
·' I Date
Notice to Applicants:

1. Applicants appointed by the City Council are required to take an Oath of Office. · 2. Stqte 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 o·ne (1) year.

Please return completed Application to:
; CITY CLERK'S OFFICE
300 East Branch Street
Arroyo Grande CA 93420
Rev 01/19/2022

Item 9.k.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Consideration of Approval of an Agreement for Uniform and Related Services with Prudential Overall Supply
DATE: November 22, 2022
SUMMARY OF ACTION:

Approval of an agreement for uniform and related services with Prudential Overall Supply.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Funds for this agreement are included in the FY 2022-23 budget. Funding is distributed between the various divisions of the Public Works Department. Funding for years 2 and 3 of the Agreement will be budgeted for in those subsequent years. The estimated annual cost of this 3-year agreement will be $11,848.20; the estimated cost for the entire agreement is $35,544.60. Approximately 75 hours per year of staff time is required to oversee the contract.

RECOMMENDATION:

Approve and authorize the Mayor to execute a 3-year Service Agreement with Prudential Overall Supply.

BACKGROUND:

The City’s current uniform Service Agreement with Aramark Uniform Services expired on June 30, 2022. Aramark has since been providing uniform services on a month to month basis.

Bid specifications to supply uniforms and related services were mailed out August 15, 2022, and bids were opened on August 25, 2022. Two companies submitted bids, Aramark Uniform Services and Prudential Overall Supply. After review and comparison of the two bids, Prudential Overall Supply has been chosen to provide uniform and other related services.

City Council
Consideration of Approval of an Agreement for Uniform and Related Services with Prudential Overall Supply
November 22, 2022

Item 9.k.

ANALYSIS OF ISSUES:

Per Article 16 of the current Memorandum of Understanding (MOU) with Service Employees International Union Local 620 Arroyo Grande Chapter, the City furnishes uniforms to specified employees. A summary of the bids is attached for Council’s information (Attachment 2). Prudential Overall Supply will provide services for a three (3) year term commencing on December 1, 2022. The Service Agreement will provide a set level of service and pricing on uniform rental and laundry services for the uniforms, jackets, coveralls and shop towels, and non-slip floor mats at various City-owned buildings. The proposed cost will amount to approximately $175 per year per employee for freshly laundered uniforms, which is more cost effective than establishing a set uniform allowance per employee.

ALTERNATIVES:

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

1. Approve an Agreement with Prudential Overall Supply for uniform and related services;

2. Do not approve an Agreement with Prudential Overall Supply;

3. Modify and approve the Agreement with Prudential Overall Supply; or

4. Provide direction to staff.

ADVANTAGES:

Execution of this Service Agreement ensures that Article 16 of the adopted MOU is satisfied and non-slip mats provide safe access to City buildings.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Agreement

2. Bid Summary

ATTACHMENT 1

AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT, is made and effective as of December 1, 2022, between PRUDENTIAL OVERALL SUPPLY (“Contractor”), and the CITY OF ARROYO GRANDE, a Municipal Corporation (“City”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on December 1, 2022 and shall remain and continue in effect until December 1, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and comply with all terms and provisions set forth in Exhibit “A”, attached hereto and incorporated herein by this reference.

3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Contractor shall employ, at a minimum generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.

4. AGREEMENT ADMINISTRATION
City’s Public Works Director shall represent City in all matters pertaining to the administration of this Agreement. Charles Bautista shall represent Contractor in all matters pertaining to the administration of this Agreement.

5. PAYMENT
The City agrees to pay the Contractor in accordance with the payment rates and terms set forth in Exhibit “B”, attached hereto and incorporated herein by this reference.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise.

If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 5.

7. TERMINATION ON OCCURRENCE OF STATED EVENTS
This Agreement shall terminate automatically on the occurrence of any of the following events:
(a) Bankruptcy or insolvency of any party;
(b) Sale of Contractor’s business; or
(c) Assignment of this Agreement by Contractor without the consent of City. (d) End of the Agreement term specified in Section 1.

8. DEFAULT OF CONTRACTOR
(a) The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. LAWS TO BE OBSERVED. Contractor shall:
(a) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this Agreement; (b) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or

employed under this Agreement, any materials used in Contractor’s performance under this Agreement, or the conduct of the services under this Agreement; (c) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
(d) Immediately report to the City’s Contract Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this Agreement.
(e) The City, and its officers, agents and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.

10. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor’s Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all

losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subContractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subContractors of Contractor.
(c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subContractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section.

12. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached hereto and incorporated herein as though set forth in full.

13. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

(b) No employee benefits shall be available to Contractor in connection with performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

14. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of the City of Arroyo Grande in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Arroyo Grande will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.

16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization. Contractor, its officers, employees, agents, or subContractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subContractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property

located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

17. NOTICES
Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City: City of Arroyo Grande
Bill Robeson, Public Works Director
300 E. Branch Street
Arroyo Grande, CA 93420
To Contractor: Prudential Overall Supply
Charles Bautista
1260 E. North Avenue
Fresno, CA 93725

18. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, without the prior written consent of the City.

19. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior or federal district court with jurisdiction over the City of Arroyo Grande.

20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into

this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.

21. TIME
City and Contractor agree that time is of the essence in this Agreement.

22. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
Contractor is bound by the contents of the City’s Request for Proposal, Exhibit “D”, attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Contractor, Exhibit “E”, attached hereto and incorporated herein by this reference. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in the Consultant’s proposal.

23. CONSTRUCTION
The parties agree that each has had an opportunity to have their counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate.

24. AMENDMENTS
Amendments to this Agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this Agreement.

25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF ARROYO GRANDE CONTRACTOR
By:__________________________ By:____________________________ Caren Ray Russom, Mayor

Its:____________________________
Attest: (Title)
____________________________
Jessica Matson, City Clerk
Approved As To Form:
_____________________________
Timothy J. Carmel, City Attorney

EXHIBIT A

SCOPE OF WORK
IV. SCOPE OF WORK

1.0 General Scope of Work
Continual Replacement: Garments must at all times be in a condition acceptable to the City. Garments that, through normal use, are determined to be in an unacceptable condition shall be replaced with new garments at no cost by successful bidder. Upon request by the City, Contractor must replace unacceptable garments with new Repairs: Contractor shall understand and agree that repairs which are made to a uniform, must be neat and can only be made to a uniform’s seam with the same color thread of the garment or with transparent thread. A uniform shall be replaced when it becomes stained, torn and/or when there is a hole in the uniform. All repairs must be completed within seven (7) days of submission to the vendor.

Normal Wear & Tear: Contractor shall accept all normal wear and tear free of charge.

Normal wear and tear shall be defined as garments that have become faded or discolored, small holes and/or bleach, paint, or oil spots caused by normal work related activities.

Lost/Damage Charge: The City understands and agrees that all rental garments remain the property of the contractor. In the event that a garment is damaged in a situation other than normal wear and tear, the City accepts the fact that a damage charge will be assessed. Loss/damage charges are to be charged at the unit prices identified on the pricing sheets of this agreement. Contractor shall identify the employee responsible for any lost/damage and identify the date said loss occurred.

Any garments turned in to be laundered and not returned in a two-week period, will not be charged for the time period until the uniforms are delivered.

Notification to the City of any losses must be made in a timely manner to provide opportunity for the City to identify problem areas and to provide corrective action.

New Employees: The City reserves the right to add employees at any time during the term of the contract. New employees shall be supplied with appropriate uniforms within a reasonable time period after verbal notification to the Contractor by the City. Contractor shall provide the City with name(s) of persons to contact with additions of new employees and deletions of terminating employees. Contractor must supply new uniforms to new employees. There shall be no initial fee to add employees and the weekly service rates will be as stated under the original agreement.

Weekly Turn In: City employees shall turn in worn uniforms weekly for pickup by the Contractor. Contractor shall return the same number of laundered uniforms as the were turned in by each employee. Ideally each employee shall turn in 5 worn uniforms weekly.

Service Cancellation: The City may cancel service for any employee(s) at any time without a monetary penalty being imposed by the vendor. Upon cancellation, all uniforms will be turned in to the vendor. If there is a shortage, the City will make restitution. Cost of replacement shall be determined by the replacement charge unit price of the contract.

The City will not pay for normal wear and tear of the returned uniforms.

Delivery/System Locations: The City and the Contractor shall mutually agree upon which day(s) of the week the Contractor shall pickup and deliver the uniforms. The Contractor understands there are five (5) delivery/pickup locations.

Public Work Yard: 1375 Ash Street, Arroyo Grande (uniforms, mats, auto towels)
Police Department: 200 North Halcyon Road, Arroyo Grande (mats only) Women’s Club/Community Center: 211 Vernon Street, Arroyo Grande (mats, mopheads)
Recreation Center: 1221 Ash Street, Arroyo Grande (mats, mopheads) City Hall: 300 East Branch Street, Arroyo Grande (mats only) Garments Specification: Garments initially provided to the City shall be new.

Replacement garments shall also be new. All garments provided shall be free from defect upon commencement of the contract and when added during the contract period. Fabric shall be City Employees option (A) 65% Polyester, 35% Cotton or (B) 100% Cotton. The City reserves the right to designate which employee shall be outfitted with which fabric on an individual basis. Divisions may have a portion of their employees in blends and a portion in 100% cotton.

Uniform items that are within 1/4oz of specification will be considered. Proposals that offer less substantial items by a few percent will be evaluated accordingly.

Special 100% Cotton: Uniforms shall have no metal buttons or snaps; however these shall have metal zippers on the pants.

Shirts: Shall be a regular style with short or long sleeves (City employees option), two pockets with buttons. The City employee’s will have a choice of fabric, either 100% cotton or polyester cotton blend, and color.

Trousers and Shorts: All “Brushed Twill” trousers are to be no less than 9 oz. weight, poly/cotton blend, with the choice of western or regular cut. Brushed Twill Flex-Waist

trousers shall be vat dyed and Sanforized with zipper fly, double stitched seat seams, bar tacked at points of stress, hemmed not cuffed. All Cotton Flex-Waist Shorts are an alternative and will be purchased by the City and laundered by the Contractor.

Pressing: All shirts shall be form pressed. All trousers shall be flat pressed. Following pressing, Contractor shall protect the uniforms from wrinkling during the storage and delivery process. The City may reject any uniforms delivered with wrinkles.

Proper Fit: The Contractor must individually measure each City employee to assure the uniforms being supplied will fit properly. Following initial delivery, each employee shall have the opportunity to secure adjustments to make certain his/her personal requirements are being met. During the contract period, if uniforms do not fit properly they will be replaced at no charge to the City.

Uniform Samples: Successful Contractor may be required to submit, for City approval, samples of the following items: ONE SHIRT, ONE PAIR OF TROUSERS, ONE CITY SEAL/EMBLEM and other items.

Mats and Rags: Standard floor mats and rags are to be laundered and delivered at an agreed upon schedule at designated facilities.

Additional Charges: Charges not identified on the pricing sheets of this agreement, such as service charges for specific departments or any other additional charges will not be honored by the City and should be included in unit pricing.

EXHIBIT B

PAYMENT SCHEDULE

CITY OF ARROYO GRANDE

PUBLIC WORKS DEPARTMENT

QUOTATION PAGE
ARTICLE NO. OF

EMPLOYEES
NO. UNITS

PER WEEK
UNIT
PRICE

TOTAL PRICE
TROUSERS 21 125 $.16 $36.96
SHIRTS 21 125 $.15 $34.65
POLO SHIRTS 2 11 $.30 $3.30
TOTAL $.31 $74.91
DIVISION EMBLEMS – to be provided by the vendor, for all shirts, coveralls, and jackets, over the left front pocket. This is a one-time charge. $_2.50____ $_____ CITY EMBLEMS – to be provided by the vendor to the left sleeve, 2” down from the shoulder on all shirts, coveralls and jackets. This is a one-time charge. $_2.50____ $_____
NAME TAGS – to be provided by the vendor, for all shirts, coveralls and jackets over the right front pocket. This is a one-time charge. $_1.50____ $_____ PRICE FOR JACKETS BOUGHT OUTRIGHT $_25.00____
GO0128, GO0356, GO0575
PRICE FOR COVERALLS BOUGHT OUTRIGHT $_26.00____
PRICE FOR SHORTS BOUGHT OUTRIGHT $_20.00____
Cost to launder jackets $__0.85___
Cost to launder coveralls $__0.48___
Cost to launder shorts $__0.21___
PRICE FOR HATS BOUGHT OUTRIGHT (including
embroidery (48) $__552.00___
SHOP TOWELS (DYED) EVERY OTHER WEEK (50) $_3.50____
AUTO SEAT COVERS EVERY OTHER WEEK (10) $_5.00____
FLOOR RUGS/SCRAPER MATS EVERY OTHER WEEK (66)
28 - 3’ x 4’ (mats) $_56.00___ 1 - 2’ x 3’ (scraper) $_n/a____ 18 - 4’ x 6’ (mats) $_45.00__ 8 – 3’ x 5’ (scraper) $__8.00___ 6 – 3’ x 10’ (mats) $_ 21.00__ 5 – 4’ x 6’ (scraper) $__7.50___ FLOOR MOPS EVERY OTHER WEEK (12)
24” dry (3) $_3.00____
36” dry (1) $_1.25____
Wet (8) $_10.00____

REPLACEMENT OF LOST OR DESTROYED ARTICLES
Trousers $_24.10____ Shop Towels $_.45____
Shirts $_20.14___ Seat Covers $__18.56___

EXHIBIT C

INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.

Contractor shall provide the following types and amounts of insurance:

Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy from CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence.

Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.

Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits.

Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another.

Coverage shall be applicable to City for injury to employees of Contractor, subContractors

or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000.00 per occurrence.

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designated to protect against acts, errors or omissions of the Contractor and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

Insurance procured pursuant to these requirements shall be written by insurer that are admitted carriers in the state California and with an A.M. Bests rating of A- or better and a minimum financial size VII.

General conditions pertaining to provision of insurance coverage by Contractor.

Contractor and City agree to the following with respect to insurance provided by Contractor:

1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.

Contractor also agrees to require all Contractors, and subContractors to do likewise.

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors and subContractors to do likewise.

3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any Contractor or subcontractor.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.

8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subContractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City.

10. Contractor agrees to ensure that subContractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subContractors and others engaged in the project will be submitted to City for review.

11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any Contractor, subContractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At the time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90)

days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increase benefit to City.

13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.

14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirements in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.

17. The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.

21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

22. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

EXHIBIT D
CITY’S REQUEST FOR PROPOSAL

 R E Q U E S T F O R P R O P O S A L S 
City of Arroyo Grande / Public Works Department

P U B L I C W O R K S U N I F O R M R E N T A L

A N D R E L A T E D S E R V I C E S
Arroyo Grande, California
Issuing Entity: City of Arroyo Grande
Public Works Department
1375 Ash Street
Arroyo Grande, California 93420
Proposal Due Date: August 25, 2022 by 2:00 PM

08/15/22
SUBJECT: CITY OF ARROYO GRANDE – PUBLIC WORKS UNIFORM RENTAL

AND RELATED SERVICES
The City of Arroyo Grande is soliciting proposals for laundry services for Public Works Department employee uniforms and assorted linens. The successful Contractor will pick up garments and assorted items including rags, auto towels, wet and dry mop heads, and mats; launder, repair, and deliver to various City locations on a weekly basis. Ownership of these items is to remain with the Contractor unless specifically noted. Uniforms, rags, auto towels and mop heads must be delivered clean, dry, free of stains and rust, holes, mildew, and other foreign materials, and shall have no objectionable odors. Specific service delivery requirements, quality expectations and anticipated uniform quantities along with other relevant information is listed in the attached Request for Proposal.

The City of Arroyo Grande reserves the right to postpone, accept or reject any and all proposals in whole or in part, on such basis as the City of Arroyo Grande deems to be in its best interest to do so.

Please note that your submittal shall reach the following address by August 25, 2022, at 2:00 p.m., or your proposal will not be accepted. Please include your fee schedule with your proposal.

Attention: Lydia Castillo, Administrative Secretary
City of Arroyo Grande – Public Works Department
1375 Ash Street
Arroyo Grande, CA 93420
Should you require further information or clarification, please contact Bill Robeson, Public Works Director, at (805) 473-5466 or via e-mail at [email protected]. An electronic version will be available upon request by contacting Lydia Castillo at (805) 473-5485 or via e-mail at [email protected].

Sincerely,
Bill Robeson
Public Works Director
City of Arroyo Grande

REQUEST FOR PROPOSAL
Public Works Uniform Rental and Related Services
City of Arroyo Grande
I. GENERAL PROJECT DESCRIPTION
The City of Arroyo Grande is seeking qualified Laundry Service companies capable of fulfilling all requirements contained in this Request for Proposal (RFP). It is important to become fully familiar with all of the provisions of the RFP. The Contractor will be responsible for all deliveries of uniforms, apparel, and other assorted items, freshly processed, repaired and finished, and will replace uniforms and apparel worn out through normal wear at no additional charge. Uniforms and apparel that are lost or damaged (except through normal wear) will be paid for by the City at the agreed upon replacement charge. Uniforms and apparel that have been turned in to be laundered, but not returned to the City within two weeks, will not be charged until the uniforms are delivered.

General parameters associated with the provision of uniform services include the following:
a. Supplier is to provide all uniforms, emblems, and name tags in the design, material and color required by the City to dress and identify City employees covered by this agreement.
b. Supplier shall tag each garment to identify the user, and the month/year of issue. It is understood by the City and Supplier that the City may choose to use 100% cotton shirts for some personnel. Those shirts maybe required by the City to be replaced prior to their useful life because of fading. The pro-rated fee using the formula will also be used for these replacements. c. The supplier is to provide shop rags, protective clothing, and doormats as specified.
d. The supplier is to provide all labor, equipment, transportation, and materials necessary for the laundering, pickup and delivery of the above garments and supplies on a weekly basis.

II. TERM OF WORK
The City of Arroyo Grande expects to enter into a three-year contract effective September 13, 2022.

III. GENERAL TERMS AND CONDITIONS FOR PROPOSAL SUBMITTAL

1.0 General
The following terms and conditions shall prevail unless otherwise modified by the City of Arroyo Grande within this proposal document. The City of Arroyo Grande reserves the right to deem unresponsive any proposal that takes exception to the terms and conditions.

2.0 Proposal Completion
Each proposal must be signed by an authorized contractual agent and required information must be provided on the attached Proposal Questionnaire. Proposal requirements are listed below. Expenses incurred in developing and submitting a proposal is borne entirely by the bidder.

2.1 Confidentiality of Proposal Information
Each proposal and supporting documents must be submitted in a sealed envelope to provide confidentiality of the proposal information prior to the proposal opening. The outside of the sealed envelope is to be labeled: Public Works Uniform Rental and Related Services. Bid proposals will be received by the City of Arroyo Grande until 2:00 p.m. on August 25, 2022.

2.2 Late Proposals
Proposals received after the deadline designated in this proposal document will not be considered and will be returned unopened.

2.3 Proposal Shall Remain in Effect
All proposals submitted in accordance with the terms and conditions of the RFP shall be binding upon the bidder for 120 calendar days after the proposal opening.

2.4 City Standard Agreement
The Contractor agrees to execute the Standard City Agreement, without modification, and to furnish proof of the specified insurance coverage within 30 days after Notice of Acceptance of the proposal by the City of Arroyo Grande. The City will assume that all firms submitting proposals agree to the terms of the Standard City Agreement.

2.5 Responsible Firms
Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition.

2.6 Financial Responsibility
The Proposing Contractor shall provide information demonstrating to the City of Arroyo Grande that it has the necessary financial resources to perform the contract in a satisfactory manner and within the specified time. Acceptable financial responsibility must be established by copies of audited or certified financial statements, balance sheets, bank references, and other related financial information that the Proposing Contractor deems relevant to the project.

If a Proposing Contractor deems such information confidential or proprietary in nature, the Proposing Contractor shall place this portion of its proposal in a separate envelope clearly and prominently marked “Proprietary Information.” The City of Arroyo Grande shall not disclose or reveal the contents of such separately designated proprietary information unless required to do so by law.

2.7 Regulatory Requirements
The Contractor shall comply with all Federal, State, and local licensing and/or regulatory requirements (including permits) for the provision of uniform laundry services.

The Contractor will be required to comply with all applicable Equal Employment Opportunity laws and regulations. Any name appearing on the U.S. Comptroller General’s list of ineligible contractors for federally funded and assisted contracts is not an eligible bidder and will not be considered.

In connection with the performance of this contract, the Contractor shall comply with the requirements of Section 508 of the Clean Water Act and Section 306 of the Clean Air Act.

These regulations prohibit the use of facilities included in the EPA “List of Violating Facilities” under non-exempt federal contract. In addition, these provisions require the reporting of any violations to FTA and to the EPA.

2.8 Safety
All practices, materials, supplies, and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or local safety or environmental codes.

2.9 Licenses, Permits, and Taxes
The Contractor shall be appropriately licensed for the work required by the contract. The Contractor is also responsible to secure a City of Arroyo Grande business license, prior to commencing any work. The cost for any required licenses or permits shall be the responsibility of the Contractor. The Contractor is liable for any and all taxes due as a result of the contract.

3.0 Submission of Proposal
Proposals shall be submitted with the original and two (2) printed copies of the enclosed forms. No faxed submittals will be accepted. These must be received by 2:00 pm, August 25, 2022.

City of Arroyo Grande – Public Works Department
Attn: Lydia Castillo, Administrative Secretary
1375 Ash Street
Arroyo Grande, CA 93420

3.1 Evaluation and Selection Process
Contractors who possess the capabilities and conform to the solicitation requirements will be placed on the Approved Vendor List for Uniform Laundry Rental and Related Services.

However, regardless of rates proposed, the City of Arroyo Grande reserves the right to select other than the lowest price proposal and will also utilize but not be limited to the City of Arroyo Grande Municipal Code, Chapter 3.08, Section

3.08.020(G), Guidelines for Evaluating Bids; and Section 3.2 of this RFP (Selection Criteria and Consideration).

3.2 Selection Criteria and Consideration
The proposals will be evaluated based on the following factors. Factors are listed according to the relative importance of each factor.

A. The Proposing Contractors demonstrated understanding of the scope of work and services to be provided as outlined in this RFP.

B. The Proposing Contractor provided references and demonstrated ability to provide the said services to similar businesses and organizations.

C. The Proposing Contractor’s uniform options including but not limited to color selections, material options, uniform styles and sizes.

D. The Proposing Contractor’s inclusion of other services which it feels would benefit the City of Arroyo Grande in reaching the goals of this RFP.

E. Fee (separate sealed envelope).

3.3 Vendor Selection
Contractor selection will be based on an evaluation of each of the criteria listed above and on the professional qualifications and experience necessary for the timely and satisfactory fulfillment of the services.

IV. SCOPE OF WORK

1.0 General Scope of Work
Continual Replacement: Garments must at all times be in a condition acceptable to the City. Garments that, through normal use, are determined to be in an unacceptable condition shall be replaced with new garments at no cost by successful bidder. Upon request by the City, Contractor must replace unacceptable garments with new Repairs: Contractor shall understand and agree that repairs which are made to a uniform, must be neat and can only be made to a uniform’s seam with the same color thread of the garment or with transparent thread. A uniform shall be replaced when it becomes stained, torn and/or when there is a hole in the uniform. All repairs must be completed within seven (7) days of submission to the vendor.

Normal Wear & Tear: Contractor shall accept all normal wear and tear free of charge.

Normal wear and tear shall be defined as garments that have become faded or discolored, small holes and/or bleach, paint, or oil spots caused by normal work related activities.

Lost/Damage Charge: The City understands and agrees that all rental garments remain the property of the contractor. In the event that a garment is damaged in a situation other than normal wear and tear, the City accepts the fact that a damage charge will be assessed. Loss/damage charges are to be charged at the unit prices identified on the pricing sheets of this agreement. Contractor shall identify the employee responsible for any lost/damage and identify the date said loss occurred.

Any garments turned in to be laundered and not returned in a two-week period, will not be charged for the time period until the uniforms are delivered.

Notification to the City of any losses must be made in a timely manner to provide opportunity for the City to identify problem areas and to provide corrective action.

New Employees: The City reserves the right to add employees at any time during the term of the contract. New employees shall be supplied with appropriate uniforms within a reasonable time period after verbal notification to the Contractor by the City. Contractor shall provide the City with name(s) of persons to contact with additions of new employees and deletions of terminating employees. Contractor must supply new uniforms to new employees. There shall be no initial fee to add employees and the weekly service rates will be as stated under the original agreement.

Weekly Turn In: City employees shall turn in worn uniforms weekly for pickup by the Contractor. Contractor shall return the same number of laundered uniforms as the were turned in by each employee. Ideally each employee shall turn in 5 worn uniforms weekly.

Service Cancellation: The City may cancel service for any employee(s) at any time without a monetary penalty being imposed by the vendor. Upon cancellation, all uniforms

will be turned in to the vendor. If there is a shortage, the City will make restitution. Cost of replacement shall be determined by the replacement charge unit price of the contract.

The City will not pay for normal wear and tear of the returned uniforms.

Delivery/System Locations: The City and the Contractor shall mutually agree upon which day(s) of the week the Contractor shall pickup and deliver the uniforms. The Contractor understands there are five (5) delivery/pickup locations.

Public Work Yard: 1375 Ash Street, Arroyo Grande (uniforms, mats, auto towels)
Police Department: 200 North Halcyon Road, Arroyo Grande (mats only) Women’s Club/Community Center: 211 Vernon Street, Arroyo Grande (mats, mopheads)
Recreation Center: 1221 Ash Street, Arroyo Grande (mats, mopheads) City Hall: 300 East Branch Street, Arroyo Grande (mats only) Garments Specification: Garments initially provided to the City shall be new.

Replacement garments shall also be new. All garments provided shall be free from defect upon commencement of the contract and when added during the contract period. Fabric shall be City Employees option (A) 65% Polyester, 35% Cotton or (B) 100% Cotton. The City reserves the right to designate which employee shall be outfitted with which fabric on an individual basis. Divisions may have a portion of their employees in blends and a portion in 100% cotton.

Uniform items that are within 1/4oz of specification will be considered. Proposals that offer less substantial items by a few percent will be evaluated accordingly.

Special 100% Cotton: Uniforms shall have no metal buttons or snaps; however these shall have metal zippers on the pants.

Shirts: Shall be a regular style with short or long sleeves (City employees option), two pockets with buttons. The City employee’s will have a choice of fabric, either 100% cotton or polyester cotton blend, and color.

Trousers and Shorts: All “Brushed Twill” trousers are to be no less than 9 oz. weight, poly/cotton blend, with the choice of western or regular cut. Brushed Twill Flex-Waist trousers shall be vat dyed and Sanforized with zipper fly, double stitched seat seams, bar tacked at points of stress, hemmed not cuffed. All Cotton Flex-Waist Shorts are an alternative and will be purchased by the City and laundered by the Contractor.

Pressing: All shirts shall be form pressed. All trousers shall be flat pressed. Following pressing, Contractor shall protect the uniforms from wrinkling during the storage and delivery process. The City may reject any uniforms delivered with wrinkles.

Proper Fit: The Contractor must individually measure each City employee to assure the uniforms being supplied will fit properly. Following initial delivery, each employee shall have the opportunity to secure adjustments to make certain his/her personal requirements are being met. During the contract period, if uniforms do not fit properly they will be replaced at no charge to the City.

Uniform Samples: Successful Contractor may be required to submit, for City approval, samples of the following items: ONE SHIRT, ONE PAIR OF TROUSERS, ONE CITY SEAL/EMBLEM and other items.

Mats and Rags: Standard floor mats and rags are to be laundered and delivered at an agreed upon schedule at designated facilities.

Additional Charges: Charges not identified on the pricing sheets of this agreement, such as service charges for specific departments or any other additional charges will not be honored by the City and should be included in unit pricing.

2.0 Records
The Contractor is responsible to maintain current records of all uniforms by Division and employee as well as all miscellaneous mats, rags, and other linens by drop off location.

A current inventory is to be provided to the City of Arroyo Grande upon request and automatically distributed annually in the month of January.

2.1 Invoices
Invoices shall be submitted in duplicate to the City of Arroyo Grande prior to the tenth working day of each month. Individual invoices are to be provided for services rendered the previous month for each separate facility. The City of Arroyo Grande shall notify the Contractor in writing within 30 days of receipt of the invoice of any items questioned. The City of Arroyo Grande will remit payment to the Contractor of all invoices submitted within 30 days of resolving any items in question.

V SCHEDULE
The proposals shall be received no later than 2:00 p.m. on August 25, 2022 at:

City of Arroyo Grande – Public Works Department
Attn: Lydia Castillo, Administrative Secretary
1375 Ash Street
Arroyo Grande, CA 93420

Consultant is expected to begin fulfilling the requirements of this proposal within 30 days of contract award.

III PROPOSAL REQUIREMENTS
A. Commitment
The individual or company official with the power to bind the company in its proposal must sign the proposal. The contents of the proposal shall become a contractual obligation if the Contractors proposal is accepted.

B. Company Questionnaire
The proposal questionnaire must be completed, signed and attached to the front of the company’s proposal.

C. Supporting Documentation
The proposal must include documents and information to substantiate the following:

1. The Proposing Contractors understanding of the scope of work and services to be provided as outlined in this RFP.

2. The Proposing Contractor provided references and demonstrated ability to provide the said services to similar businesses and organizations. List references on the proposal questionnaire.

3. The Proposing Contractor’s uniform options including but not limited to color selections, material options, uniform styles and sizes. Catalogs may be attached to the proposal.

4. The Proposing Contractor’s inclusion of other services which it feels would benefit the City of Arroyo Grande in reaching the goals of this RFP.

D. Fee
Contractor’s proposed fees for the various laundering services must be attached separately. Unusually high or low fees will affect the ratings. The proposed fees are to be on a “fixed fee” basis per item for the services to be rendered and shall include all of Contractors costs including but not limited to material, labor, delivery and taxes.

City of Arroyo Grande
Public Works Uniform Laundry Services

PROPOSAL QUESTIONNAIRE
1 Firm Name:

Address:

City, ST Zip:

Phone: Fax:

Contact: Title:

Email address:
2 Description of Service provider
Provide a brief description of your company’s history and the services provided:
(additional information may be attached)
3 Service References
Provide at least three (3) references for contracts or services that respondent has provided service to that are similar in nature to the responsibilities listed in this RFP.

Firm:

Phone: Fax:

Contact: Title:

Firm:

Phone: Fax:

Contact: Title:

Firm:

Phone: Fax:

Contact: Title:

MANAGEMENT AND STAFFING
4 Contact Person
The Contractor shall provide a qualified manager responsible for the quality, timeliness, and accurate reporting of the potential services performed as described in this RFP. This person will also serve as the liaison between the Contractor and City of Arroyo Grande.

Name: Title:

Phone: Email:

Signature Date:

CURRENT CITY OF ARROYO GRANDE PUBLIC WORKS

UNIFORM / LAUNDRY INVENTORY
(Subject to change as stated within the Scope of Work)
Uniform Totals
No. of Total Employees Uniforms & apparel Changes (per week) 21 Shirts – 11 for each employee 5
21 Pants – 11 for each employee 5
6 Cover-alls – 2 for each employee 1

DIVISION SPECIFIC
Field Operations: (Streets, Parks, Gov. Buildings, Soto Sports Complex) Type Item Frequency Max weekly usage
100% Cotton or 65/35 Blend Pants Weekly 75
100% Cotton or 65/35 Blend Shirts Weekly 75
100% Cotton or 65/35 Blend Shorts Weekly 10
TBD Coveralls Weekly as necessary 4
Utilities
Type Item Frequency Max weekly usage
100% Cotton or 65/35 Blend Pants Weekly 35
100% Cotton or 65/35 Blend Shirts Weekly 35
100% Cotton or 65/35 Blend Shorts Weekly 4
TBD Coveralls Weekly as necessary 4
Fleet Maintenance
Type Item Frequency Max weekly usage
100% Cotton or 65/35 Blend Shirts Weekly 5
100% Cotton or 65/35 Blend Pants Weekly 5
TBD Coveralls Weekly 1
Public Works Supervisors
Type Item Frequency Usage
100% Cotton or 65/35 Blend Polo Shirts Weekly 10
100% Cotton or 65/35 Blend Pants Weekly 10
Other Linens
Quantity provided Description Frequency
50 Shop Towels Bi-Weekly
10 Auto Seat Covers Bi-Weekly
2 Floor Rugs 3 x 10 Bi-Weekly
6 Rubber Mat 3 x 4 Bi-Weekly
1 Scraper mat 3 x 5 Bi-Weekly
12 Dust/Wet Mops (see
breakdown on next page)
Bi-Weekly

CITY OF ARROYO GRANDE

PUBLIC WORKS DEPARTMENT

QUOTATION PAGE
ARTICLE NO. OF

EMPLOYEES
NO. UNITS

PER WEEK
UNIT
PRICE

TOTAL PRICE
TROUSERS 21 125 $ $
SHIRTS 21 125 $ $
TOTAL $ $
DIVISION EMBLEMS – to be provided by the vendor, for all shirts, coveralls, and jackets, over the left front pocket. This is a one-time charge. $_____ $_____ CITY EMBLEMS – to be provided by the vendor to the left sleeve, 2” down from the shoulder on all shirts, coveralls and jackets. This is a one-time charge. $_____ $_____
NAME TAGS – to be provided by the vendor, for all shirts, coveralls and jackets over the right front pocket. This is a one-time charge. $_____ $_____
PRICE FOR JACKETS BOUGHT OUTRIGHT $_____
PRICE FOR COVERALLS BOUGHT OUTRIGHT $_____
PRICE FOR SHORTS BOUGHT OUTRIGHT $_____
Cost to launder jackets $_____
Cost to launder coveralls $_____
Cost to launder shorts $_____
PRICE FOR HATS BOUGHT OUTRIGHT (including
embroidery (48) $_____
SHOP TOWELS (DYED) EVERY OTHER WEEK (50) $_____
AUTO SEAT COVERS EVERY OTHER WEEK (10) $_____
FLOOR RUGS/SCRAPER MATS EVERY OTHER WEEK (66)
28 - 3’ x 4’ (mats) $____ 1 - 2’ x 3’ (scraper) $_____
18 - 4’ x 6’ (mats) $____ 8 – 3’ x 5’ (scraper) $_____
6 – 3’ x 10’ (mats) $____ 5 – 4’ x 6’ (scraper) $_____
FLOOR MOPS EVERY OTHER WEEK (12)
24” dry (3) $_____
36” dry (1) $_____
Wet (8) $_____

REPLACEMENT OF LOST OR DESTROYED ARTICLES
Trousers $_____ Shop Towels $_____
Shirts $_____ Seat Covers $_____

EXHIBIT E
CONTRACTOR’S PROPOSAL

CITY OF ARROYO GRANDE

PUBLIC WORKS DEPARTMENT

QUOTATION PAGE
ARTICLE NO. OF

EMPLOYEES
NO. UNITS

PER WEEK
UNIT
PRICE

TOTAL PRICE
TROUSERS 21 125 $.16 $36.96
SHIRTS 21 125 $.15 $34.65
POLO SHIRTS 2 11 $.30 $3.30
TOTAL $.31 $74.91
DIVISION EMBLEMS – to be provided by the vendor, for all shirts, coveralls, and jackets, over the left front pocket. This is a one-time charge. $_2.50____ $_____ CITY EMBLEMS – to be provided by the vendor to the left sleeve, 2” down from the shoulder on all shirts, coveralls and jackets. This is a one-time charge. $_2.50____ $_____
NAME TAGS – to be provided by the vendor, for all shirts, coveralls and jackets over the right front pocket. This is a one-time charge. $_1.50____ $_____ PRICE FOR JACKETS BOUGHT OUTRIGHT $_25.00____
GO0128, GO0356, GO0575
PRICE FOR COVERALLS BOUGHT OUTRIGHT $_26.00____
PRICE FOR SHORTS BOUGHT OUTRIGHT $_20.00____
Cost to launder jackets $__0.85___
Cost to launder coveralls $__0.48___
Cost to launder shorts $__0.21___
PRICE FOR HATS BOUGHT OUTRIGHT (including
embroidery (48) $__552.00___
SHOP TOWELS (DYED) EVERY OTHER WEEK (50) $_3.50____
AUTO SEAT COVERS EVERY OTHER WEEK (10) $_5.00____
FLOOR RUGS/SCRAPER MATS EVERY OTHER WEEK (66)
28 - 3’ x 4’ (mats) $_56.00___ 1 - 2’ x 3’ (scraper) $_n/a____ 18 - 4’ x 6’ (mats) $_45.00__ 8 – 3’ x 5’ (scraper) $__8.00___ 6 – 3’ x 10’ (mats) $_ 21.00__ 5 – 4’ x 6’ (scraper) $__7.50___ FLOOR MOPS EVERY OTHER WEEK (12)
24” dry (3) $_3.00____
36” dry (1) $_1.25____
Wet (8) $_10.00____

REPLACEMENT OF LOST OR DESTROYED ARTICLES
Trousers $_24.10____ Shop Towels $_.45____
Shirts $_20.14___ Seat Covers $__18.56___

ATTACHMENT 2

CITY OF ARROYO GRANDE

BID OPENING LOG SHEET
DEADLINE: AUGUST 25, 2022
PROJECT NAME: PUBLIC WORKS UNIFORM RENTAL AND RELATED SERVICES

SUBMITTED BY TOTAL ANNUAL

LAUNDRY

SERVICE
TOTAL

CONTRACT

LAUNDRY

SERVICE

1. ARAMARK LAUNDRY SERVICES
Lompoc, CA
$12,994.80 $38,984.40

2. PRUDENTIAL OVERALL SUPPLY
Fresno, CA
$11,848.20 $35,544.60
/s/ Lydia Castillo, Administrative Secretary
C: Director of Public Works
Capital Improvement Project Manager

Item 9.l.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: November 22, 2022
SUMMARY OF ACTION:

The update reports the City’s total water supply and demand for October, 2022. Current Lopez Reservoir level and projected levels are provided in the attachments.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Approximately two (2) hours of staff time is required to prepare the report.

RECOMMENDATION:

Receive and file the monthly Water Supply and Demand Update.

BACKGROUND:

On October 12, 2021, the City Council adopted a Resolution declaring a Stage 1 Water Shortage Emergency, and implementing emergency water conservation measures and restrictions as a result of the extreme drought conditions.

In October, the City’s water use was 162.4 acre-feet with a per capita use of 95 gallons per day/per person for all customers. There was a total of 0 inches of rainfall in the City in October, 2022.

ANALYSIS OF ISSUES:

The United States Drought Monitor, as of November 10, 2022, shows Coastal San Luis Obispo County in a severe drought. Rainfall to date for the period of July 1, 2022 through October 31, 2022 is 1.8 inches at the Corporation Yard rain gauge. Lopez Lake, as of November 14, 2022 is at 22.6% capacity (11,156).

The new water year began on April 1, 2022, and the City’s annual Lopez Lake contract supply had been reduced to 10% on August 24, 2021, by the enactment of the Low Reservoir Response Plan (LRRP). On July 21, 2022, the Zone 3 Advisory Board

Item 9.l.

City Council
Monthly Water Supply and Demand Update
November 22, 2022

approved the Technical Advisory Committee’s recommendations to reduce contract deliveries by 20% prior to the lake reaching 10,000 acre-feet. As a result, the City began reducing the flow of deliveries on July 26, 2022, to 1.7 million gallons per day compared to the normal flow of 2.2 million gallons per day.

In addition to Lopez Lake deliveries, the City has 1323 acre-feet of groundwater entitlement from the Santa Maria basin and wells within the Pismo formation that can produce 160 acre-feet per year. The fourth quarter monitoring for the Santa Maria Basin sentry wells was completed on October 4th. The deep well index was 5.88 feet above sea level, which is 1.62 feet below the deep well index threshold value of 7.5 feet and 0.77 feet lower than the index value one year ago. This is the second quarter that the level has been below the 7.5 threshold value. If the index level stays below the 7.5 level for six consecutive quarters, or if indication of sea water intrusion occurs, this could trigger additional water restrictions for Arroyo Grande.

The predicted use for water year 2022/23 is 2,213 acre-feet based on average rainfall.

The October 2022 water use was 28% lower than the September 2020 water use. This reduction exceeded the City’s goal of an overall 10% reduction from the same month in 2020.

ALTERNATIVES:

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

1. Receive and file the report; or

2. Provide other direction to staff.

ADVANTAGES:

This report provides the City Council and the public with the current and projected conditions of the City’s water supply and demand.

DISADVANTAGES:

No disadvantages noted at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Lopez Monthly Operations Report for October, 2022

2. Lopez Reservoir Storage Projection

3. Monthly Water Use Comparison

4. Monthly Monitoring report for October 2022

San Luis Obispo County Flood Control and Water District Zone 3 - Lopez Project - Monthly Operations Report
October, 2022

0.00 Note: Deliveries are in acre-feet. One acre foot = 325, 850 gallons or 43, 560 cubic feet. Safe yield is 8,730 acre-feet "Year to Date" is January to present for State water, April to present for Lopez deliveries, and July to present for rainfall. 1133.95
April to Present

2.62 Arroyo Grande 1832
Lopez Dam OperationsLake Elevation (full at 522.37 feet) 458.39Storage (full at 49200 acre feet) 11213Rainfall 0Downstream Release (4200 acre feet/year) 187.2Spillage (acre feet) 0 This Month Year to Date
1288.01

0.00 742.00 160.53
Entl. Surplus
Water
Declared Usage
2574
Total
Available
Water
Lopez Water Deliveries
Oceano CSD 242.4 375.00 617 0.00 0.00Grover Beach 640 204.00 844 66.87 460.26Pismo Beach 713.6 1048.00 1762 23.82 193.28CSA 12 196 230.00 426 6.18 52.49 1240 100.00 1108.91
96 8.50 80.33
750 41.14 390.66
State Water Deliveries
Total 3624 2599.00 6223 257.40 1839.98 2206 157.36 1651.82 Contractor
Difference (feet) -63.98
% Full 22.8%
Comments:
1) Oceano supplied water to Canyon Crest via Arroyo Grande's Edna turn out. A total of 1.77 AF delivered to Canyon Crest was added to Oceano'swater usage this month and 1.77 AF was subtracted from Arroyo Grande's usage this month.2) Lopez Water Deliveries are now operated under the Low Reservoir Response Plan (LRRP). On July 21, 2022 AC endorsed a 20% entitlement reduction (retroactive to April 2022) in anticipation of reaching the 10,000 AF trigger of the LRRP. Entitlements shown represent a 20% reduction. 3)Surplus water shown is actually "Carry Over" water as designated in the LRRP.4) On April 2022, the County presented the Stored State Water minus evaporation losses dating back to the January 1, 2015 water recharacterization. On December 31, 2021 the calculated Stored State Water minus evaporation losses was 659.82 AF. Evaporation losses will be presented annually.

April to Present Lopez Entitlement+Surplus Water Usage
0 50
100150200
Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Acre Feet
AG GB OCSD PB CSA12
January to Present State Water Usage
0 50
100150
Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Acre Feet
OCSD PB CSA12 SanMig
San Miguelito 120 7.72 71.92
This Month
%
Total
January to Present
Usage
This Month
% of
Annual
Request
Usage % of Annual
Request
160.53
Total Water
Deliveries
This Month

41.1466.87
123.82

14.68 7.72
414.76
Annual
Request

0.00 Usage

0.000.000.000.00
%

0.000.000.000.000.00
1133.95

0.00 460.26193.28

52.49 0.00 1839.98 1737.00
SWP
Deliveries
SWP
Deliveries
Change in
Storage
0 -157.36
This Month Stored State Water 745.00

0.0%

8.8% 44.1%0.0% 0.0%

10.4% 54.5%

3.3% 11.0%3.2% 12.3%

8.1% 89.4%8.9% 83.7%5.5% 52.1%

7.1% 29.6% 7.1% 74.9%

6.4% 59.9%

0.0%0.0%0.0%0.0%0.0%

0.0%0.0%0.0%0.0%0.0%

61.9%

0.0%

71.9%27.1%26.8%

0.0% 50.8%
Entitlement Surplus
Usage % Usage %
Entitlement Surplus
Usage %
Last Month Stored State Water 902.36
Surplus
Requested
742.00375.00204.00
1048.00
230.00
2599.00
Monday, November 7, 2022 Data entered by: D. Bravo Report printed by: Admin Page 1 of 1 ATTACHMENT 1

5.44 0.54

4.70 2.14

0.24 0.52

1.42 5.16

0.22 0.94

2.38 0.30

7.33 0.43

0.34 2.03

2.87 3.10

2.77 0.90

0.33 0.060.030.02

0.32 0.62

1.34 2.03

3.02 3.25

2.91 1.13

0.410.070.03

0.02 0.32

0.62 1.70

2.24 3.12

2.98 2.84

0.98 0.36

0.070.030.02

0.35 0.67

1.84 2.24

2.76 2.98 3.01

0.98 0.41
12/31/2022

0.002.004.006.008.0010.0012.0014.00
0 5000
10000150002000025000300003500040000
1/1/2020
2/1/2020
3/1/2020
4/1/2020
5/1/2020
6/1/2020
7/1/2020
8/1/2020
9/1/2020
10/1/2020
11/1/2020
12/1/2020
1/1/2021
2/1/2021
3/1/2021
4/1/2021
5/1/2021
6/1/2021
7/1/2021
8/1/2021
9/1/2021
10/1/2021
11/1/2021
12/1/2021
1/1/2022
2/1/2022
3/1/2022
4/1/2022
5/1/2022
6/1/2022
7/1/2022
8/1/2022
9/1/2022
10/1/2022
11/1/2022
12/1/2022
1/1/2023
2/1/2023
3/1/2023
4/1/2023
5/1/2023
6/1/2023
Storage (AF)
Date

LOPEZ RESERVOIR STORAGE PROJECTION
Actual Precipitation Predicted Precipitation Actual Storage 20,000 AFStorage Projection Storage Projection (No Rain) 10,000 AF ATTACHMENT 2

225.1
162.4
134
95 0
50 100150200250
Sep‐20 Oct‐22
Monthly Water Use Comparison
Acre Feet Usage (gpcd)
ATTACHMENT 3

ATTACHMENT 4
Below is the information you have submitted for the month of October 2022. We use your most recently submitted monthly report in our calculations.

Reporter Shane Taylor
Report Type Full
Urban Water Supplier(Number) Arroyo Grande City of (608) Public Water System ID(s) CA4010001
Reporting Month 11/22
County/Counties San Luis Obispo
County Under Drought Declaration Yes
Water Shortage Contingency Plan 1
Water Shortage Level 2
Population 17963
Total Potable Water Production 162.4 AF
Commercial Agricultural Water 0 AF
Residential Use Percentage 80 %
CII Water 17.9 AF
Recycled Water 0 AF
Non-revenue Water AF
Estimated R-GPCD 76.02
Qualification
Emergency Response Section Revealed? Yes
State Water Resources Control Board Office of Research, Planning & Performance

Item 9.m.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Steve Kahn, Acting Capital Improvement Project Manager SUBJECT: Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09
DATE: November 22, 2022
SUMMARY OF ACTION:

Adoption of the Resolution by the required four-fifths vote will allow for the continued accelerated replacement of the emergency generator at the Five Cities Fire Authority (FCFA) Station 1.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There are no additional fiscal impacts from adoption of this Resolution. The FY 2021-22 and FY 2022-23 Capital Improvement Program (CIP) budgets included $680,018 ($46,780 General Fund, $318,738 Sales Tax Funds, and $314,500 of California Nuclear Power Preparedness (NPP) Program funding) for the subject project. The engineer’s construction cost estimate for the project is currently $646,453. FCFA staff will seek to secure the NPP funding upon completion of the construction documents and associated engineer’s construction cost estimate. It is anticipated that NPP funding will cover approximately 50% or $323,277. Staff time will be necessary to coordinate construction activities with the contractor and special inspectors.

RECOMMENDATION:
1) Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopt a Resolution determining that there is a need to continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050.

BACKGROUND:

Public Contract Code (PCC) Section 22050 allows a public agency, in the case of an emergency, to repair or replace a public facility, take any directly related and immediate

Item 9.m.

City Council
Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 November 22, 2022

action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes without going through a formal bid process. At its regular meeting on September 13, 2022, the City Council adopted Resolution No. 5219 declaring an emergency and authorizing the accelerated replacement of the emergency generator at the FCFA Station 1 by eliminating the formal bid process.

PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated, and if it is determined that there is a need to continue the action, authorize continuation of the emergency action by a four-fifths vote. On September 27, 2022, October 11 and 25, 2022, the Council adopted Resolution Nos 5225, 5231 and 5239, respectively, determining a need to continue work under emergency contracts to replace the emergency generator at the FCFA Station 1.

ANALYSIS OF ISSUES:

Since the October 25, 2022 City Council meeting, the status of the project as of November 9, 2022, is as follows:
 The building permit has been issued for the Project.
 Construction documents are being assembled to convey to selected contractors and to commence construction.

While a portable generator has been brought on site that allows for the opening of the apparatus bay doors and some lighting at the fire station, it does not provide power to the server room or the station alerting system, which are critical needs. Therefore, there remains an imminent danger to public health and safety as this situation may cause delay of emergency 9-1-1 services during the event of a power outage. Because of this, staff recommends that the emergency action be continued.

As required by statute, staff will continue to bring a similar item to the Council on subsequent agendas until the necessary emergency work has been completed or until the emergency action is terminated. Until this future item, staff will continue to work with the design consultant and selected contractor to complete the improvements on an accelerated basis.

ALTERNATIVES:

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

1. Receive and file an update of the emergency generator replacement project at the FCFA Station 1; and adopt the proposed Resolution finding that there is a need to

Item 9.m.

City Council
Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 November 22, 2022

continue the emergency action for the replacement of the emergency generator in accordance with Public Contract Code Section 22050;

2. Receive and file an update of the emergency generator replacement project at the FCFA Station 1; do not adopt the proposed Resolution; and direct staff to prepare a Resolution to terminate the need to continue work under emergency action; or

3. Provide other direction to staff.

ADVANTAGES:

Adoption of the Resolution will allow for the accelerated replacement of the emergency generator at the FCFA Station 1 which will ensure power during the event of a power outage thereby providing rapid response time in the event of an emergency situation.

DISADVANTAGES:

No disadvantages are identified at this time.

ENVIRONMENTAL REVIEW:

No environmental review is needed to authorize the continuation of the emergency action.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachment:

1. Proposed Resolution

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DETERMINING A NEED TO

CONTINUE WORK UNDER EMERGENCY CONTRACTS
FOR THE FCFA STATION 1 EMERGENCY GENERATOR

REPLACEMENT PROJECT
WHEREAS, on September 13, 2022, pursuant to Public Contract Code (PCC) Section 22050, the City Council deemed it was is in the public interest to immediately authorize the expenditure of City funds needed to safeguard the health, safety and welfare and to proceed immediately with the replacement of the emergency generator at the Five Cities Fire Authority (FCFA) Station 1; and
WHEREAS, On September 13, 2022, the City Council deemed the immediate replacement of the emergency generator was necessary in order to protect the public health, safety and welfare and would not permit a delay resulting from a competitive solicitation for bids and that prompt action, including authorization to expend all funds required for such replacement without competitive bidding, was necessary to respond to the emergency; and
WHEREAS, on September 13, 2022, the City Council adopted Resolution No. 5219 declaring an emergency and authorizing the City Manager to enter into any contract or agreement in order to immediately replace the emergency generator; and WHEREAS, PCC Section 22050 requires that after proceeding with an emergency project, the City Council shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the emergency action is terminated; and
WHEREAS, on September 27, 2022, the City Council adopted Resolution No. 5225 determining a need to continue work under emergency contracts to replace the emergency generator; and
WHEREAS, if it is determined that there is a need to continue the emergency action, PCC Section 22050 requires a four-fifths vote to authorize the continuation of the emergency action.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the emergency declared by the City Council on September 13, 2022 regarding replacement of the generator at FCFA Station 1 shall be deemed to continue.

BE IT FURTHER RESOLVED, that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.

RESOLUTION NO.

PAGE 2
On motion by Council Member _________, seconded by Council Member _______, and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

The foregoing Resolution was passed and adopted this 22nd day of November, 2022.

RESOLUTION NO.

PAGE 3
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________

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

Item 9.n.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Consideration of a Resolution Authorizing Staff to Participate in Phase 1 of the Desalination Executable Solution and Logistics Plan with the County of San Luis Obispo
DATE: November 22, 2022
SUMMARY OF ACTION:

Adoption of a Resolution authorizing staff to participate in the preliminary development of the Desalination Executable Solution and Logistics Plan (DESAL Plan) in coordination with the San Luis Obispo County Public Works Department and other participating waterpurveying agencies and stakeholders. The DESAL Plan is a 5-phased approach to the development of a potential desalination project (see Attachment 2, DESAL Plan Timeline Graphic). Phase 1 and 2 do not require any cost or binding commitment by participating agencies. Phase 1, which is currently underway and scheduled to be completed towards the end of 2023, is a nonobligatory and conceptual phase, intended to establish an early stakeholder and public engagement process and allow the initial exploration of grant opportunities. Updates regarding the progress of Phase 1 and potential grant opportunities will be provided to the City Council in mid-2023 as well as a request for direction for continued participation in Phase 2 of the DESAL Plan.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No financial commitment is requested during Phase 1 or 2 of the DESAL Plan. Staff time will be required to participle in the development of Phase 1 of the plan.

RECOMMENDATION:

Adopt a Resolution authorizing staff to participate in Phase 1 of the Desalination Executable Solution and Logistics (DESAL Plan) in coordination the County of San Luis Obispo and other participating water-purveying agencies and stakeholders.

BACKGROUND:

Water is critical to the health and well-being of the people, economy, and environment and the City of Arroyo Grande has an important role in ensuring that the City’s water supplies are adequate and accommodate change while continuing to meet many various needs. In the City, existing conditions and future projections indicate that water security

Item 9.n.

City Council
Consideration of a Resolution Authorizing Staff to Participate in Phase 1 of the Desalination Executable Solution and Logistics Plan with the County of San Luis Obispo
November 22, 2022

is decreasing as demands increase and available supplies and their reliability decrease.

The City Council has expressed interest in evaluating a variety of water sources and drought response options. Desalination appears to be gaining more probability as a water supply source with the California Coastal Commission’s unanimous vote on October 13, 2022, to approve the roughly $140 million Doheny Desalination project.

The County of San Luis Obispo has commissioned a multi-phased study to evaluate and plan for a potential desalination plant in the region. The DESAL Plan, during Phases 1 and 2, offers a no cost, preliminary/exploratory process to incrementally evaluate a potential regional seawater desalination plant as well as examine associated factors, issues, technology, and budgetary components, thereby supplying the City Council with information to address long term water sustainably.

Per City Council direction, staff is pursuing various water supply efforts, including ongoing conservation, cloud seeding, a water sales agreement with Oceano CSD, other water distribution system interconnection possibilities, and, most significantly, the Central Coast Blue (CCB) recycled water/regional resiliency project. Significant progress has been made toward building the CCB project, with property acquired, design reaching close to 60%, over $17million in grant funding awarded to the project, and agreements in place between the Cities of Arroyo Grande, Grover Beach, and Pismo Beach to fund, complete, and operate the project. As a recycled water project that is well underway, CCB is the highest priority and will provide the most feasible and near-term renewable water source for the participating cities. Desalination could potentially offer a long-term additional source of water to the region, but significant work will be required before it can become a reality.

ANALYSIS OF ISSUES:

Desalination is a drought proof solution for current and projected water supply imbalances caused by strained alternative supplies, increased demand and could be scalable such that its capacity could be expanded as future needs increase.

DESAL Plan
Recognizing that a desalination project will take time to plan for, permit, and construct, it is recommended that the City Council authorize staff to participate in Phase 1 of the plan.

The City has participated in the County coordinated Countywide Water Action Team (CWAT), an informal working group of staff from entities across the county with water supply planning responsibilities, to develop a conceptual five-phase approach to developing a DESAL Plan and project. All phases, including an anticipated schedule for Phase 1, are described in the following table:

Item 9.n.

City Council
Consideration of a Resolution Authorizing Staff to Participate in Phase 1 of the Desalination Executable Solution and Logistics Plan with the County of San Luis Obispo
November 22, 2022

Phase 1: DESAL Plan Agreement Phase
 The County of San Luis Obispo Flood Control and Water Conservation District Board direction to proceed on path to desalination (Fall ’22 completed by County staff)  Get resolutions from agencies agreeing to be evaluated in DESAL Plan (Fall ’22/ Today’s recommended action)
 Develop and vet scope of work with participating agencies (Winter ’22/Spring ’23)  Establish stakeholder and public engagement process (implement through all phases)  Seek/pursue grant opportunities (continue through all phases)  Review scope of work/engagement process with the Board/direction to proceed (Summer ’23) Phase 2: DESAL Plan Development Phase
 District procure consultant
 Implement public engagement process
 Identify project concept alternatives, vet, and analyze  Rank and select preferred project
Phase 3: Project Development Agreement Phase
 Commitment from project partners to pay for and proceed with project development and all efforts necessary to get to construction phase
Phase 4: Project Development Phase
 Detailed project design, permits and environmental processes, operations and distribution plans, right of way negotiations, water supply and Governance Agreement negotiations, Financing plan
Phase 5: Project Governance Agreement and Construction Phase  Execute Governance agreement for construction and ongoing maintenance Stakeholder Engagement
Stakeholder outreach and early engagement are critical to the success of a desalination project for many reasons. One reason is that it takes time to build a broad coalition and public buy-in, both of which are necessary to obtain future permits. This was exhibited recently when Poseidon, in Huntington Beach, had a regional desalination project denied by the California Coastal Commission, in part, because there was not sufficient evidence of local community need/acceptance. Another reason for early engagement is to ensure comprehensive understanding of existing infrastructure deficiencies and opportunities from the outset, informing the widest range of conceptual alternatives for consideration.

The key stakeholders in a desalination project are water-purveying agencies because they are tasked with supplying water to customers and potentially investing in such a project. The regional infrastructure and/or regional supply associated with these agencies may also be needed both directly and indirectly to make a project feasible. It follows that the DESAL Plan, and any resulting project, will be most robust if there is wide interest and involvement from the local water-purveying agencies and their communities.

Therefore, a first step is asking those water-purveying agencies to adopt resolutions

Item 9.n.

City Council
Consideration of a Resolution Authorizing Staff to Participate in Phase 1 of the Desalination Executable Solution and Logistics Plan with the County of San Luis Obispo
November 22, 2022

agreeing to participate in the development of the DESAL Plan. Staff would then work with designated staff from the San Luis Obispo County Public Works Department and other participating agencies to draft a publicly vetted scope of work for developing the DESAL Plan and approach for involving the full spectrum of stakeholders, from regulatory agencies to the general public.

OTHER AGENCY INVOLVEMENT/IMPACT
Throughout development of the DESAL Plan, local stakeholder engagement and public involvement is anticipated to be facilitated by public meetings of the Water Resources Advisory Committee, where regular updates and opportunities for input will be provided.

In addition to local stakeholders, the outreach/coordination/permitting requirements and the practical realities of developing a successful DESAL Plan will require involvement with many other entities across the State. Other likely entities include, but are not limited to, the State Water Resources Control Board (SWRCB), California Coastal Commission (CCC), California Department of Fish and Wildlife, Central Coast Regional Water Quality Control Board, and National Marine Fisheries Service.

Additionally, it should be noted that on August 11, 2022, Governor Newsom released a publication called California’s Water Supply Strategy that discusses how the “…State will help streamline and expedite permitting to provide clarity and to further desalination projects. By June 2023, the SWRCB, CCC, the Department of Water Resources, and other State entities (State Land Commission) will develop criteria for siting of desalination facilities along the coast and recommend new standards to facilitate approval.” 1 ALTERNATIVES:

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

1. Approve the Resolution authorizing staff to participate in Phase 1 of the development of a Desalination Executable Solution and Logistics (DESAL) Plan;

2. Do not approve the Resolution; or

3. Provide other direction to staff.

ADVANTAGES:

Approval of the Resolution will authorize staff to participate in the preliminary and conceptual development of a potential alternative water resource project. Participation in the initial phases and coordination of the DESAL Plan with other participating entities, may provide an additional long-term water sustainability solution for the City.

1 https://resources.ca.gov/-/media/CNRA-Website/Files/Initiatives/Water-Resilience/CA-Water-Supply-Strategy.pdf

Item 9.n.

City Council
Consideration of a Resolution Authorizing Staff to Participate in Phase 1 of the Desalination Executable Solution and Logistics Plan with the County of San Luis Obispo
November 22, 2022

DISADVANTAGES:

No disadvantages identified at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this time. Potentially, after a project description and scope are approved during Phase 4 – Project Development Phase, the Environmental Review process will begin.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Resolution

2. DESAL Plan Timeline Graphic

ATTACHMENT 1
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING PARTICIPATION IN THE

DESALINATION EXECUTABLE SOLUTION LOGISTICS
(DESAL) PLAN
WHEREAS, adequate water for the people, economy and environment in San Luis Obispo County is needed in perpetuity; and
WHEREAS, conflicts surrounding use of the limited existing water supplies are increasing, including limitations on groundwater use and transfers, limitations on surface water diversion and State policies that lead to water system consolidation mandates; and WHEREAS, despite conservation efforts which have reduced per capita consumption from 190 gallons per day to 117 gallons per day over the last 25 years, the City of Arroyo Grande remains highly vulnerable to water shortages due to its isolated location and dependence on rainfall; and
WHEREAS, the future reliability of existing water supplies and infrastructure that depend on rainfall, such as groundwater and surface water reservoirs and streams, is uncertain due to changing hydrologic patterns, land use, environmental regulations, population growth and aging infrastructure; and
WHEREAS, water-purveying agencies are best positioned to develop and utilize water supply projects that will reduce dependence on groundwater and surface water and can thereby relieve competition with individual well owners and the environment for those water supplies; and
WHEREAS, the City of Arroyo Grande is participating in the Central Coast Blue project, a regional recycled water project, in partnership with the Cities of Grover Beach and Pismo Beach, to treat wastewater from the Pismo Beach Wastewater Treatment Plant in Phase 1 to an advanced level and inject it into the groundwater basin to provide additional potable water to the participating cities and to reduce the potential for seawater intrusion; WHEREAS, the Central Coast Blue project will provide a renewable and drought-resistant water source to the participating cities and help meet the State’s articulated goal of increasing the availability of recycled water to provide greater resiliency to communities that are otherwise dependent on surface or groundwater resources; and

RESOLUTION NO.

PAGE 2
WHEREAS, as the Central Coast Blue project has progressed significantly toward construction and is anticipated to begin supplying water to participating cities in the year 2026 and, as such, is a near-term, high-priority water resiliency project for the City; and WHEREAS, due to proximity to the ocean, and future water supply quantity, quality and reliability needs, the 2019 San Luis Obispo County Integrated Regional Water Management Plan and 2012 Countywide Master Water Report identify desalination as a water resource management strategy to pursue; and
WHEREAS, while desalination can provide a local, reliable, and sustainable water supply for decades to come, desalination projects take a long time to plan for, permit and construct; and
WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District intends to develop the DESAL Plan over the next several years via a public process that, when complete, will ultimately contain balanced recommendations related to responsibly advancing the implementation of a regional desalination project that will benefit the people, economy and environment in the County; and
WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District will be the lead agency and contract administrator for the DESAL Plan and is requesting that water-purveying agencies that wish to be evaluated during the development of the DESAL Plan adopt resolutions approving participation; and WHEREAS, the City of Arroyo Grande would like to participate in Phase 1, the initial, nonobligatory, and exploratory phase, of the DESAL Plan with the County of San Luis Obispo and will consider participating in Phase 2 of the DESAL Plan (the Development Phase) following an update to the City Council of Arroyo Grande regarding the progress of Phase 1.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows:

1. The City of Arroyo Grande wishes to be included in the development of Phase 1 of the DESAL Plan and to be evaluated as a potential partner in such a regional desalination project in the future in order to inform our decision makers and constituents.

2. The Public Works Director of the City of Arroyo Grande or designee is hereby authorized and directed to participate in the development of the DESAL Plan, Phase 1, and to bring forward related recommendations.

RESOLUTION NO.

PAGE 3
On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 22nd day of November, 2022.

RESOLUTION NO.

PAGE 4

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

WHITNEY MCDONALD, CITY MANAGER
APPROVED AS TO FORM:

TIMOTHY J. CARMEL, CITY ATTORNEY

ATTACHMENT 2

Item 9.o.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Tiny Homes on Wheels and Finding the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061 DATE: November 22, 2022
SUMMARY OF ACTION:

Adopting the Ordinance will establish regulations for Tiny Homes on Wheels (THOW) Citywide.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No financial impact is projected from adoption of the proposed Ordinance. Every applicant for a THOW will be assessed fees for building permit plan review and inspections, currently set at $1,446 based on the City’s adopted Fee Schedule. In situations where new utility connections and meters are proposed, the fees would increase by $3,691 for water service and $3,730 for sewer service.

RECOMMENDATION:

Adopt the Ordinance establishing regulations for THOW for use as an accessory use on parcels developed with a single-family residence.

BACKGROUND:

On February 8, 2022, the City Council considered introducing amendments to the City’s accessory dwelling unit (ADU) ordinance (Attachment 2). That version of the ADU ordinance included regulations that would allow for the use of THOW as an accessory use on properties with an existing single-family dwelling, with the intent of providing an alternative means to address housing supply shortages and affordability. At that meeting, the City Council directed staff to separate regulations for THOW from the ADU ordinance, research applicable building standards and certification of THOW, and return to Council for a study session to further refine those regulations.

Item 9.o.

City Council
Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Tiny Homes on Wheels and Finding the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061
November 22, 2022

Council conducted an additional study session on September 13, 2022, to review the first draft of the proposed revised Ordinance (Attachment 3). The draft THOW Ordinance proposed that THOW be allowed as an accessory structure on lots developed with a single-family dwelling. Council supported the provisions of the Ordinance and directed staff to research whether there are additional agencies beyond the ones listed in the Ordinance that can approve and certify a THOW as a habitable dwelling unit. Council also directed staff to revise the Ordinance to include a prohibition of rooftop decks.

The Planning Commission reviewed the draft Ordinance at its meeting on October 4, 2022. The Commission did not direct staff to make any changes and recommended that Council adopt the Ordinance as proposed (Attachment 4). The City Council then introduced the Ordinance at its October 25, 2022 meeting as proposed.

ANALYSIS OF ISSUES:

The Ordinance is now ready for adoption. The regulations for the use of THOW will become effective thirty (30) days after adoption.

ALTERNATIVES:

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

1. Adopt the Ordinance as proposed; or

2. Modify the Ordinance and direct staff to return at a future public hearing to introduce the modified Ordinance; or

3. Provide other direction to staff.

ADVANTAGES:

The Ordinance proposes regulations for allowing THOW as an alternative housing solution that is more affordable than a traditional single-family dwelling or ADU.

DISADVANTAGES:

None identified.

ENVIRONMENTAL REVIEW:

Adoption of the Ordinance is not anticipated to have the potential for causing a significant effect on the environment and no review under the California Environmental Quality Act (CEQA) is necessary per CEQA Guideline Sections, 15061(b)(3), and Sections 15303 regarding new construction of small structures and 15305 minor alterations in land use limitations.

Item 9.o.

City Council
Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Tiny Homes on Wheels and Finding the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061
November 22, 2022

PUBLIC NOTIFICATION AND COMMENTS:

A summary of the Ordinance was published in The Tribune on November 11, 2022, pursuant to State law. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

Attachments:

1. Proposed Ordinance

2. Staff Report and Minutes from the February 8, 2022 City Council Meeting

3. Staff Report and Minutes from the September 13, 2022 City Council Meeting

4. Staff Report and Minutes from the October 4, 2022 Planning Commission Meeting

5. Staff Report and Draft Minutes from the October 25, 2022 City Council Meeting

ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL ADOPTING
AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE

MUNICIPAL CODE (AGMC) REGARDING TINY HOMES ON
WHEELS; LOCATION- CITYWIDE
WHEREAS, the City of Arroyo Grande (“City”) currently does not allow the use of tiny homes on wheels as dwelling units; and
WHEREAS, alternative housing models, such as tiny houses on wheels, can provide flexible housing options for a variety of households living at different income levels; and WHEREAS, this Ordinance adds Tiny Homes on Wheels as a separately regulated residential use to encourage housing supply, choices, and affordability; and WHEREAS, Tiny Homes on Wheels will allow for in-fill development that maintains the scale and character of existing development; and
WHEREAS, Tiny Homes on Wheels will contribute to the equitable distribution of housing opportunities that are cost accessible to all residents; therefore, reducing regulatory and procedural barriers to increasing housing production and capacity in appropriate locations; and
WHEREAS, the City desires to preserve its cultural, historical, and architectural heritage and resources as living parts of community life that benefit and enrich the lives of its present and future residents; and
WHEREAS, the City of Arroyo Grande has duly initiated amendments to the Arroyo Grande Municipal Code; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices thereof as required by law, held a public hearing on October 4, 2022 concerning this code amendment and carefully considered all pertinent testimony and the staff report offered in the case as presented; and
WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice thereof as required by law, held a public hearing on October 25, 2022, concerning proposed amendments to Title 16 of the Arroyo Grande Municipal Code; and WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on October 25, 2022 introduced this Ordinance to add Section 16.52.260 to Title 16, Chapter 52 of the Arroyo Grande Municipal Code; and

ORDINANCE NO.

PAGE 2
WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report, its attachments and all supporting materials referenced therein or offered in the matter as presented at the public hearing.

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

SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference.

SECTION 2. Section 16.52.260 is hereby added in its entirety to Title 16, Chapter 52 of the Arroyo Grande Municipal Code to read as follows:

16.52.260 – Tiny Homes on Wheels (THOW)
A. Purpose. A Tiny Home on Wheels that meets the definition in this Section may be built and occupied as a residential unit, subject to the ministerial review and approval of an application if it complies with the standards of this Section.

B. Definition. A Tiny Home on Wheels (THOW) is a structure built on a chassis and intended for separate, temporary, independent living quarters for one household that meets all of the following conditions:

1. Is a detached self-contained unit, designed and built to look like a conventional building structure, and which includes basic functional areas that support normal daily routines such as cooking, sleeping, toilet and bathing facilities; and

2. Is licensed and registered with the California Department of Motor Vehicles as a habitable structure; and

3. Shall comply with the standards of, and be approved as one of the following types of structures: a HUD-Code manufactured homes, California Residential Code or California Building Code home, or park trailer certified by the Recreational Vehicle Industry Association or another agency recognized by HCD as capable of certifying a tiny home as suitable for habitation. The Building Official shall determine the appropriate construction standards based on the type of tiny home.; and

4. Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection, cannot move under its own power and is no larger than allowed by California State Law for movement on public highways; and

5. Has a minimum living area of 100 square feet and maximum of 400 square feet as measured within the exterior faces of the exterior walls, but not including loft area.

ORDINANCE NO.

PAGE 3

6. The use of recreational vehicles, as defined in Section 18010(a) of the California Health and Safety Code, or camping cabins are prohibited from being used as a Tiny Home on Wheels.

C. Criteria. Notwithstanding any other provision of this Code to the contrary, a Tiny Home on Wheels (THOW) shall be allowed as an accessory use to a single-family dwelling. A THOW cannot be attached to or located within a primary residence, or created through the conversion of an existing structure, and shall be subject to all of the following criteria:

1. Number. One THOW shall be allowed in all residential zones with an existing single-family dwelling. No THOW shall be allowed if there is a permitted Accessory Dwelling Unit. A THOW shall be removed prior to granting final occupancy for an Accessory Dwelling Unit. The presence of a Junior Accessory Dwelling Unit, developed pursuant to AGMC Section

16.52.150, would not prohibit the construction of a THOW.

2. Limitation on Use. A THOW shall not be utilized as a short-term rental of less than 30 days.

3. Location. A THOW shall be located behind the primary residence with a minimum setback of four (4) feet from any interior side or rear property line, and ten (10) feet from a street side lot line.

4. Parking and Surface. The THOW shall be parked on a paved or alternate pad that includes bumper guards, curbs, or other installations adequate to prevent movement of the THOW. The wheels and leveling or support jacks must sit on a paving surface that meet either of the following criteria:
a. A parking area for a moveable THOW shall be paved with hard, durable asphaltic paving that is at least two inches thick after compaction, or with cement paving at least three inches thick; or
b. Alternative paving materials may consist of porous asphalt, porous concrete, permeable interlocking concrete pavers, permeable pavers, , plastic or concrete grid system confined on all sides and filled with gravel or grass in the voids, or other similar materials that meet the following requirements:
i. Permeable interlocking concrete pavers and permeable pavers shall have a minimum thickness of 80 mm (3.14 inches); and
ii. Products and underlying drainage material shall be installed to meet manufacturers’ specifications. Sub-grade soils shall be compacted as required to meet the product installation specifications;

ORDINANCE NO.

PAGE 4
iii. No additional parking shall be required for the THOW, and displaced parking resulting from the placement of THOW is not required to be replaced.

5. Utilities. The THOW shall be connected to City water, and sewer utilities in compliance with the Municipal Code. A tiny home may be off grid for electrical and gas if it can be demonstrated that the unit has adequate heating and electrical power to the satisfaction of the Building Official. Gas powered generators are not allowed as a means to provide electricity to a THOW.

6. Design. The THOW shall resemble the general appearance of a traditional home and incorporate all of the following design elements:
a. Windows shall be at least double pane glass, and include exterior trim.; b. Mechanical equipment shall be incorporated into the structure and not be located on the roof.
c. Decks: Attached patios, decks, landings, or similar architectural features, whether covered or uncovered, shall be open on at least two sides and are limited to 100 percent of the floor area of the THOW.

Rooftop decks are not allowed on THOW.
d. Screening. The THOW undercarriage (wheels, axles, tongue and hitch) shall be hidden from view by use of skirting or landscaping.

7. Height. A THOW shall not exceed one story or 16 feet in height, whichever is less.

8. Addresses. No separate addresses shall be assigned for a THOW.

SECTION 3: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as follows:

16.04.070 Definitions
“Tiny Home on Wheels” means a structure built on a chassis and intended for separate, temporary, independent living quarters for one household that meets the conditions listed in Section 16.52.260.B
SECTION 4. Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR § 15062.

SECTION 5. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council

ORDINANCE NO.

PAGE 5
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.

SECTION 6. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.

SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

AYES:

NOES:

ABSENT:
the foregoing Ordinance was adopted this 22nd day of November, 2022.

ORDINANCE NO.

PAGE 6
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY

ATTACHMENT 2
Attachment 2 – Staff Report and Minutes from the February 8, 2022 City Council Meeting are available as links:

ADU Introduction Staff Report
Minutes from the February 8, 2022 City Council Meeting

ATTACHMENT 3
Attachment 3 – Staff Report and Minutes from the September 13, 2022 City Council Meeting are available as links:

THOW Study Session Staff Report
Minutes from the September 13, 2022 City Council Meeting

ATTACHMENT 4
Attachment 4 – Staff Report and Minutes from the October 4, 2022 Planning Commission Meeting are available as a link:

PC Recommendation Staff Report
Minutes from the October 4, 2022 Planning Commission Meeting

ATTACHMENT 5
Attachment 5 – Staff Report from the October 25, 2022 City Council Meeting is available as a link:

THOW Introduction Staff Report

1 ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
October 25, 2022, 6:00 p.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member
Paulding, Council Member Storton
Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine
Due to ongoing COVID-19 concerns in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________

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

2. ROLL CALL
City Clerk Matson took roll call.

3. MOMENT OF REFLECTION

4. FLAG SALUTE
Mayor Ray Russom led the flag salute.

5. AGENDA REVIEW

5.a Closed Session Announcements
None.

5.b Ordinances read in title only
Moved by Mayor Ray Russom
Seconded by Council Member Barneich

2 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, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton
Passed (5 to 0)

6. SPECIAL PRESENTATIONS

6.a Mayor's Commendation Recognizing Arroyo Grande Valley Kiwanis Club Mayor Ray Russom read the Mayor's Commendation recognizing the Arroyo Grande Valley Kiwanis Club for their involvement and efforts for the nationally accredited Inclusive Playground Project at Elm Street Park. Ann McCracken accepted the commendation and presented a commemorative check recognizing the $21k raised for the Project.

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

No action was taken on this item.

6.b Honorary Proclamation Recognizing November 2022 as "Family Court Awareness Month” Mayor Ray Russom read the Honorary Proclamation recognizing November 2022 as "Family Court Awareness Month”. Tracey Mueller-Gibbs, Survivor and Protective Parent, accepted the proclamation.

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

No action was taken on this item.

6.c Honorary Proclamation Recognizing November 2022 as "National Adoption Month" Mayor Ray Russom read the Honorary Proclamation recognizing November 2022 as "National Adoption Month". Owen Martin, Child Welfare Services, accepted the proclamation.

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

No action was taken on this item.

6.d Honorary Proclamation Recognizing November 14-20, 2022 as "National Apprenticeship Week”
Mayor Ray Russom read the Honorary Proclamation recognizing November 14-20, 2022 as "National Apprenticeship Week”. Diana Mann, Workforce Development Board, accepted the proclamation.

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

No action was taken on this item.

6.e Update Regarding Countywide COVID-19 Efforts

3 City Manager McDonald provided a brief update on COVID-19 and mentioned that the State will be rescinding the Local Emergency declaration related to the COVID-19 Pandemic in February 2023.

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

No action was taken on this item.

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

6.f City Manager Communications
City Manager McDonald provided information regarding the Halloween Carnival and Trick or Treat in the Village; the Inclusive Playground Ribbon Cutting on November 4th; Election Day on November 8th; and discussed upcoming items for Council consideration.

Assistant City Manager/Public Works Director provided an update on the Pedestrian Crossing Improvements project.

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

No action was taken on this item.

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

7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Jamie Sanbonmatsu, and Joe Martinez. 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.

Council made comments on Items 8.e. and 8.j.

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.j., with the recommended courses of action.

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

8.a Consideration of Cash Disbursement Ratification
Ratified the listing of cash disbursements for the period of September 16 through September 30, 2022.

4 8.b Consideration of Fiscal Year 2021-22 Year End Financial Status Report Received, considered, and filed the FY 2021-22 Year End Financial Status Report.

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

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

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

8.d Consideration of Adoption of a Resolution Declaring City-Owned Property Located at 400 W. Branch Street As Non-Exempt Surplus Property and Directing Staff to Proceed to Dispose of the Property Pursuant to the Surplus Land Act Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING CITY-OWNED PROPERTY LOCATED AT 400 W. BRANCH STREET (APNs: 007-011-055 AND 007-055-056) AS NON-EXEMPT SURPLUS LAND AND

DIRECTING STAFF TO PROCEED TO DISPOSE OF THE PROPERTY PURSUANT TO THE SURPLUS LAND ACT".

8.e Consideration of a Resolution Approving the Updated City Council Handbook Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE CITY COUNCIL HANDBOOK UPDATE".

8.f Approval of Minutes
1) Approved the minutes of the Special and Regular City Council Meetings of October 11, 2022, as submitted; and 2) Approved the minutes of the Central Coast Blue Joint City Council Special Meeting of September 14, 2022, contingent on the approval of Grover Beach City Council and Pismo Beach City Council, as submitted.

8.g Consideration to Adopt Resolutions Updating the Policy Concerning the Naming of Public Parks and Naming the Reconstructed Playground at Elm Street Park the “Kiwanis Inclusive Playground”
1) Adopted an updated Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ARROYO GRANDE UPDATING THE POLICY CONCERNING THE NAMING OF PUBLIC PARKS"; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF ARROYO GRANDE NAMING THE RECONSTRUCTED PLAYGROUND AT ELM STREET PARK THE “KIWANIS INCLUSIVE PLAYGROUND”.

8.h Consideration to Adopt a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09

5 1) Received and filed an update of the emergency generator replacement project at the FCFA Station 1; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS FOR THE FCFA STATION 1 EMERGENCY GENERATOR REPLACEMENT PROJECT".

8.i Consideration of Approval of Construction Plans and Specifications for the Swinging Bridge Retrofit Project, PW 2021-06
1) Approved the construction plans and specifications for the Swinging Bridge Retrofit Project, PW 2021-06; and 2) Authorized staff to advertise for construction bids.

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

9. PUBLIC HEARINGS

9.a Discuss and Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code (AGMC) Regarding Tiny Homes on Wheels; Development Code Amendment 22-004
Council Member Barneich declared a conflict of interest and recused herself. Mayor Ray Russom declared a conflict of interest due to owning an ADU and recused herself. Mayor Pro Tem George presided over the meeting.

Planning Manager Perez presented the staff report and recommended that Council introduce the Ordinance to establish regulations for the use of THOW as an accessory use on parcels developed with a single-family dwelling.

Mayor Pro Tem George opened the public hearing. Speaking from the public was Joe Pollon.

Upon hearing no further public comments, Mayor Pro Tem George closed the public hearing.

Moved by Council Member Storton
Seconded by Council Member Paulding
Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL ADOPTING AMENDMENTS TO TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (AGMC) REGARDING TINY HOMES ON WHEELS; LOCATION- CITYWIDE". City Attorney Carmel read the full title of the Ordinance.

AYES (3): Mayor Pro Tem George, Council Member Paulding, and Council Member Storton ABSENT (2): Mayor Ray Russom, and Council Member Barneich Passed (3 to 0)

10. OLD BUSINESS
None.

Mayor Ray Russom returned to the dais and presided over the meeting. Council Member Barneich returned to the meeting.

6 11. NEW BUSINESS

11.a Discussion and Consideration of Updates to the Arroyo Grande Community Service Grant Program
Planning Manager Perez presented the staff report and responded to questions from Council.

Moved by Mayor Pro Tem George
Seconded by Council Member Barneich
Directed staff to change the Community Service Grant Program Committee to five appointed City Council members, to run concurrent with their term, preferably within their district if possible, must be a resident of Arroyo Grande, add the committee to Section 5.2 Committee Appointments, of the City Council Handbook.

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

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

12.a MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

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

3. Tourism Business Improvement District Advisory Board

4. Other

12.b MAYOR PRO TEM GEORGE:

1. County Water Resources Advisory Committee (WRAC)

2. Visit SLO CAL Advisory Board

3. Other

12.c COUNCIL MEMBER BARNEICH:

1. Audit Committee

2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

12.d COUNCIL MEMBER PAULDING:

7 1. Air Pollution Control District (APCD)

2. Brisco/Halcyon Interchange Subcommittee

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

4. REACH SLO Advisory Commission

5. Other

12.e COUNCIL MEMBER STORTON:

1. Brisco/Halcyon Interchange Subcommittee

2. Five Cities Fire Authority (FCFA)

3. Integrated Waste Management Authority Board (IWMA)

4. South County Chambers of Commerce Governmental Affairs Committee

5. Other

13. COUNCIL COMMUNICATIONS
Mayor Ray Russom stated Election Day is on November 8th; and commented that at a recent REACH meeting it was noted that the City of Atascadero contracts with an Economic Development Consultant and would like the City to explore this possibility. Council Member Paulding concurred.

14. CLOSED SESSION
None.

15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:40 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk

Item 9.p.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Consider a Resolution Approving TUP 22-015; Authorize the Village Holiday Parade & Jingle Bell Dash on December 4, 2022; Approve Street Closures in the Village; & Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e)
DATE: November 22, 2022
SUMMARY OF ACTION:

Approval of the Temporary Use Permit will authorize the Holiday Parade in the village and allow staff to implement safety measures, including closure of: East and West Branch Streets between Traffic Way and Mason Street; Olohan Alley; and the portion of Wesley Street between West Branch Street and Larchmont Drive.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

As a City event, there are no fees required for the permit or street closures. Staff costs are estimated to total approximately $12,100 and hours needed for the event include:

1. 30 Public Works overtime hours;

2. 78 Police Department overtime hours; and

3. 70 Recreation Department regular hours.

RECOMMENDATION:

Adopt a Resolution approving Temporary Use Permit 22-015 authorizing the Holiday Parade in the village and approving the closure of City streets.

BACKGROUND:

The Arroyo Grande Holiday Parade had been held for several decades, started by Eddie El Helou, previous owner of Broadway Jewelers in 2003, traditionally on the Sunday immediately following Thanksgiving. The event was not held in 2020 due to the

Item 9.p.

City Council
Consider a Resolution Approving TUP 22-015; Authorize the Village Holiday Parade & Jingle Bell Dash on December 4, 2022; Approve Street Closures in the Village; & Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e) November 22, 2022

Coronavirus pandemic. The City has traditionally co-sponsored this event; however, this year, the City is acting as the sole applicant due to a lack of a community sponsor.

ANALYSIS OF ISSUES:

This year’s event is proposed to be held on December 4, 2022, the Sunday one week after Thanksgiving, based on community input regarding the scheduling of the event. The Arroyo Grande Recreation Department published a survey requesting community input regarding the date and time of the event. Responses to the survey indicated overwhelming support for the event to take place on December 4th to begin at 5pm rather than 6pm. In past years, there have been event sponsors from the community; however, this year, the event is proposed to be organized by City staff with two sponsorships to date totaling $750.

This year’s event will include two separate events utilizing the same road closure: the Jingle Bell Dash and the Holiday Parade. The Jingle Bell Dash is a road race for the community’s youth, utilizing the closed portion of Branch Street in the Village. Jingle bells will be given to all participants to attach to their shoes and the race will be run in a horseshoe pattern with increasing distances for older age groups. There will be eight (8) separate categories with ages ranging from Pre-K to 6th grade. The races will begin at 4:00pm and conclude at 4:45pm to allow enough transition time for the parade to begin.

Staging for the event will occur in the Bank of America parking lot. Information regarding the event has been included as Attachment 2.

The proposed route for the Holiday Parade will begin with staging starting at the west end of Olohan Alley and the parade will officially begin upon the eastbound entrance to Mason Street, before turning north to East Branch Street. The parade will then continue on East Branch Street westbound onto West Branch Street and finally turning north on Wesley Street. The parade is proposed to conclude at the Bank of America parking lot to facilitate pick up of parade participants.

The parade route requires the following traffic control from 3:00pm to 8:00pm on December 4, 2022:

1. “No Parking” restrictions and the closure of Olohan Alley from Bridge Street to Mason Street;

2. Closure of Branch Street from Mason Street to Wesley Street;

3. Closure of Wesley Street from West Branch Street to Larchmont Drive City staff is proposing the “No Parking” restrictions in Olohan Alley to begin at 12:00pm and conclude at 8:00pm on December 4th. A map depicting road closures, detour routes and event areas is included as Attachment 3, and the no parking restrictions will be posted a minimum of 72 hours ahead of the event.

Item 9.p.

City Council
Consider a Resolution Approving TUP 22-015; Authorize the Village Holiday Parade & Jingle Bell Dash on December 4, 2022; Approve Street Closures in the Village; & Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e) November 22, 2022

ALTERNATIVES:

1. Adopt a Resolution approving Temporary Use Permit 22-015 authorizing the Village Holiday Parade and approving the closure of City streets;

2. Modify and adopt a Resolution approving Temporary Use Permit 22-015 authorizing the Village Holiday Parade and approving the closure of City streets;

3. Do not adopt a Resolution approving Temporary Use Permit 22-015 authorizing the Village Holiday Parade and approving the closure of City streets; or

4. Provide direction to staff
ADVANTAGES:

The parade serves as a community event that allows citizens and visitors to celebrate the holiday season with organized activities in the Village.

DISADVANTAGES:
“No Parking” restrictions and the closure of sections of Branch Street, Olohan Alley and portions of Wesley Street will have an impact on traffic congestion and parking. Motorists driving in the area surrounding the parade route will have to use detours to get to their destinations, which may increase travel time.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA), it has been determined that this project is categorically exempt per Section 15304(e) of the CEQA Guidelines because it is a minor temporary use of land.

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Additionally, City staff will be contacting affected property owners and businesses located in the area of street closures.

Attachments:

1. Proposed Resolution

2. Jingle Bell Dash Event Information

3. Road Closures, Detours and Event Map

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
CASE NO. 22-015 AUTHORIZING THE VILLAGE HOLIDAY
PARADE AND JINGLE DASH ON SUNDAY, DECEMER 4, 2022 AND

DIRECTING STAFF TO IMPLEMENT RELATED SAFETY

MEASURES INCLUDING NO PARKING ZONES AND STREET

CLOSURES
WHEREAS, the City has applied for a Temporary Use Permit for the Holiday Parade and Jingle Dash event which, amongst other things, help establish conditions to ensure the safety of the event; and
WHEREAS, the implementation of safety measures including no parking zones and street closures will help to facilitate safety for all individuals participating in the event and traveling through the Village area; and
WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary Use Permits for events, AGMC Section 10.16.050 authorizes the City Council to restrict parking on any street, and California Vehicle Code Section 21101(e) authorizes the closure of streets for parades and local special events; and
WHEREAS, the City Council finds, after due study, the following circumstances exist:

FINDINGS FOR APPROVAL – TEMPORARY USE PERMIT

1. The operation of the requested use at the locations proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare due to the use of traffic safety equipment and dedicated local law enforcement personnel.

2. The City streets to be used are adequate in size and shape to accommodate the event without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the Event.

3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the Event will or could reasonably be expected to generate.

4. Adequate temporary parking to accommodate vehicular traffic to be generated by the Event is available throughout the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve Temporary Use Permit 22-015 authorizing the following actions, with the above

RESOLUTION NO.

PAGE 2
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference:

1. The establishment of a “No Parking” zone in Olohan Alley from Bridge Street to Mason Street from 2:00PM to 8:00PM;

2. The closure of Branch Street from Mason Street to Wesley Street between the hours of 4:00PM and 8:00PM;

3. The closure of Wesley Street from West Branch Street to Larchmont Drive; and

4. The establishment of a “No Parking” zone at the intersection of East Branch and Mason Street to allow for truck turning at the intersection during the closure.

BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande does hereby find this project to be categorically exempt pursuant to CEQA Guidelines Section 15304(e).

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

AYES:

NOES:

ABSENT:

The foregoing Resolution was passed and adopted this 22nd day of November, 2022.

RESOLUTION NO.

PAGE 3
______________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY

RESOLUTION NO.

PAGE 4
EXHIBIT "A"

CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 22-015
GENERAL CONDITIONS:

1. This Temporary Use Permit authorizes the Holiday Parade and Jingle Dash and directs staff to implement related safety measures including no parking zones and street closures on Sunday, December 4, 2022.

2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project.

3. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department.

4. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 22-015.

5. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney’s fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition.

6. The applicant shall notify all affected businesses and residents of street closures and parking restrictions at least 48 hours prior to the event.

7. The applicant shall clean up all debris associated with the event to the satisfaction of the Public Works Director.

8. Traffic detouring shall be coordinated with the Police Department.

9. The Public Works Department shall be responsible for ordering and directing the setup of all traffic control equipment through a private purveyor.

10. The applicant shall provide a $1,000,000 commercial general liability insurance policy naming the City as additional insured, subject to approval by the City Attorney. Proof of the insurance shall be submitted to the Director of Legislative and Information Services ten (10) days before the event.

The Jingle Dash Run
Event: A road running race for community’s youth to prelude the Arroyo Grande Christmas Parade, utilizing the closed road in the village. Jingle bells given to all participants to attach to shoes, syncing with the holiday spirit of the parade.

Event Purpose: To provide safe and fun racing opportunity for elementary school age children of the South County. To build community awareness to future efforts and opportunities from newly organized Central Coast Athletics Foundation.

Background of Group: This group originally formed to organize and execute the All Comers Track & Field Summer Series at Arroyo Grande High School. It successfully netted over $25,000 in the first two versions. The foundation is a response from both that success and the need to have a channel to distribute future funds toward community athletics efforts.

Mission: To promote, enhance and underwrite participation and performance of Central Coast young people in track & field and running events.

Time/Duration: First race at 4:00pm, last race concludes by 4:45, providing enough transition time for parade start.

Location: To be run as a “horse shoe” course along parade route from end of parade toward, looping back to finish adjacent to start. Staging to be in Bank of America parking lot.

Increasing distances with each age category.

Race Categories:

Pre-K girls race / Pre-K boys race
Grade 1-2 girls race / Grade 1-2 boys race
Grade 3-4 girls race / Grade 3-4 boys race
Grade 5-6 girls race / Grade 5-6 boys race
Logistics:

Registration: To take place onsite at identified table, waiver form signed by each participant’s parent. Name tag given to be worn and used in results collection.

Announcing: Race announcer to utilize available sound system on appropriate part of parade route.

Start: Age group walked to start line by official starter and volunteers. Starter whistle to be used.

Race: Competitors to be guided by official “rabbit”, dressed in holiday costume (elf or reindeer). Caboose running volunteers will collect and guide and stragglers.

Turnaround: Designated and high visibility turnaround point to be moved for each race for age appropriate distances.

Finish: Funnel (with caution tape) to channel finishers to specific spot where they are met with finish line staff who will take each name tag sequentially.

Parent Reunion: Corral to be made to be holding pen for parents to reunite with their children.

Course Safety: Volunteers with orange vests to line race course for crowd control and racer navigation. Radios to be used for remote communications and integrity of effort.

Volunteer Staffing: Foundation members along with Paulding middle school and AGHS athletes.

ATTACHMENT 2

Proposed Sponsors: Central Coast Athletics and Splash n' Dash are the proposed sponsors of the event. We propose they enjoy title sponsorship of the running event, including all promotional efforts. A popup tent with their branding will be utilized as the turnaround point in the races.

Entry Fee/Prizes: No proposed entry fee. Perhaps a canned food drive in lieu of entry fee for Foodbank or other. Prizes to top three in each category and candy canes for all participants.

Contact: Heath Owens 805-441-4396 / Adam Laurent 805-714-7757

SSSSS SSSSS
SS
SS

SSSSSSS SS S
SS

SSSSS SSSSS
SS
SS

SSSSSSSSSS
SS

¾SB


‘Ž
Ž’ 







Ž’ 


’Ž ‘Ž







 
 
   






* 5$& ( /1
+8$ 61$ 5'
&25%(77
&$1<21
5'
75$))Ζ& :<
$//(1 67
2$. 67
:Ζ/'
2$. 3/
5$ 1&+
( %5$1& +67
: Ζ/':22 ' '5
35Ζ17= 5'
6 0$621 671(/621 67
9(512 1 67
0&.Ζ1/(< 67
9Ζ$ /$ %$55$1&$
&52:1 +Ζ//
* 8/$ 57( 5'
%5Ζ'*( 67
*$ 5'(1 67
3/$ 7Ζ12 /1
/( 32 Ζ17 75
67$*(&2$&+ 5'
($/
&+$3$55$/ /1
0(648Ζ7( /1
9$ 5' /220Ζ6 /1
:+Ζ7(/(< 67
6$ /Ζ'
3$ 6(2 67
+Ζ'' (1 2 $. 5'
& 52:1 75 /( 32Ζ17 67
/$
&5(67$ '5
0<57/(
67 &5266 67 7$//< +2 5'
&/$5(1&( $9
6+257 67
9Ζ$ 9$48(52
252 '5
Ζ'( 67
322/( 67
2/2+$1 $//(<
:(6/( < 67
9 3/$ 7$ 5'
52'(2
'5
:Ζ/721 3/ 0$< 67
(0(5$ /'%$ < '5 9Ζ$ %$ 1'2 /(52
&2
%5(
3/
&2 /Ζ1$ 67
/( 0 2 1 /1
0(5& ('(6 /1
/Ζ(5/<
Ζ.(' $ :<
526(:22' /1
3 $ 8/'Ζ1* & 5
& $ 0 3$ 1$ 3/
/1
&$/Ζ
2$ .:22' & 7
$ 9( 1Ζ' $ '( 'Ζ$ 0 $17(
&2 55$/ 3/
67Ζ//:(// '
0<57/( '5
5$ /3+ %( & . /1
&$1<21 :<
5Ζ'*(9Ζ(: :<
& Ζ1'< :<
67$1/(< $9
/$5&+0217
'5
=2*$7$ :<
63$ 1Ζ6+ 0266 /1
3($5:22' $9
67$ 7Ζ2 1 :<
9 Ζ//$ * ( * /(1 '5
2/' 5$1&+ 5'
7(0386 & 5
0Ζ//(5 :<
-$0(6 :<

CORBETT CANYON RD
1(9$'$ 67
(64 8Ζ7( /1
63$ 1Ζ6+
0(6
&+$3$55$/ /1 &+$3$5
6$ /Ζ'
&
%$ < '5 % (5$ /' %
(0
/1 $ & ( * 5
0 $1
'5
'Ζ$ 0
(2 '
52'(
( '
2 9Ζ$ 9$48(52
+ 5$ 1& +
52$'&/2685(7Ζ0(6

ȏ 2/2+$1$//(<

30
30ȏ $//27+(5/2&$7Ζ216

30
30
2 /(52
%$ 1'2
9 Ζ$
( 1Ζ' $
$ 9
$ 9$
' '( ( 0 $1 +2/Ζ'$< 3$5$'(7 52$'&/2685( 0$3
N     )HHW
&Ζ7<9(+Ζ&/(
CREATED BY: C. KARAMANLIS - 11/09/2022
3$5$'(5287(3$5$'(67$*Ζ1*'(72855287(52$'&/2685(
SSSSS 75$))Ζ&&21(6
:$7(5%$55Ζ&$'(6123$5.Ζ1*+56+56123$5.Ζ1*+56+56 Ž’ '(7285/()7
Ž‘ '(72855Ζ*+7


52$'&/26('727+528*+75$))Ζ&


52$'&/26('

¾SB 6Ζ*1%2$5'75$Ζ/(5 
123$5.Ζ1*%$1.2)$0(5Ζ&$'(&+56+56 )Ζ5(758&.
7+Ζ6 0$3 6+2:6 52$' &/2685(6 '(7285 5287(6 3$5$'( 5287(6 $1' /2&$7Ζ216 2)(48Ζ30(17 1(('(' )25 7+(  $552<2 *5$1'( +2/Ζ'$< 3$5$'(:$7(5%$55Ζ&$'(6 $1'&21(6$5(/$%(/(':Ζ7+7+(727$/180%(51(('('$7($&+/2&$7Ζ21(9(17'$7( '(&(0%(5$7
30(9(17/2&$7Ζ21
9Ζ//$*(2)$552<2*5$1'(
ATTACHMENT 3

Item 9.q.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of a Resolution Ratifying Changes to the Community Service Grant Program Review Committee
DATE: November 22, 2022
SUMMARY OF ACTION:

Adoption of a Resolution ratifying changes to the process for the creation of the Community Service Grant Program (CSGP) review Committee.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No financial impact is projected.

RECOMMENDATION:

Adopt a Resolution changing the make-up of the Community Service Grant Committee.

BACKGROUND:

In September 2014, the City Council approved the Community Service Grant Program (CSGP) as an alternative to funding community service organization projects through the Community Development Block Grant (CDBG) program. When the CSGP was created, a process was established to ensure effective and impartial selection of grantees by establishing appropriate criteria. Part of this process included the creation of a committee to review applications and develop recommendations for consideration by the City Council. In order to designate a committee knowledgeable in community needs, it was recommended that each City board, commission and committee with functions serving the entire community designate one member to serve on the Community Service Grant Committee (Committee).

Council adopted Resolution 4650 (Attachment 3) to establish a Committee consisting of:
 One member of the Historical Resources Committee;
 One member of the Parks and Recreation Commission;
 One member of the Traffic Commission;

Item 9.q.

City Council
Consideration of a Resolution Ratifying Changes to the Community Service Grant Program Review Committee
November 22, 2022

 One member of the Architectural Review Committee; and  One member of the Downtown Parking Advisory Board.

In November 2018, the City Council adopted Ordinance No. 695 to disband the Historical Resources Committee, Parks and Recreation Commission, and Traffic Commission to address staffing and budgetary shortfalls and to streamline City practices. Because these committees and commissions were disbanded, there was a need to update the Committee criteria accordingly. To allow for future flexibility, Council adopted Resolution 5003, updating the criteria for the Committee membership to consist of one designated representative from each of the City’s current Council-created committees, commissions and boards, and one member from the South County Chambers of Commerce (Chamber) Board of Directors (Attachment 4).

Based on the City’s current advisory bodies, the last three Committees have consisted of:
 One member from the Planning Commission;
 One member from the Architectural Review Committee;
 One member from the Downtown Parking Advisory Board;
 One member from the Arroyo Grande Tourism Business Improvement District Board; and
 One member from the Chamber Board of Directors.

At the March 8, 2022 City Council meeting, Council directed staff to return with a discussion item regarding the composition of the Committee to address concerns that the composition of the Committee may be too heavily skewed toward the business community. Staff returned to Council on October 25, 2022, to present five (5) possible updates to the CSGP that would alleviate concerns that the Committee was too business oriented. Council unanimously agreed that a Committee comprised of five members, each appointed by one Councilmember, would adequately address the concerns and directed staff to implement that change.

ANALYSIS OF ISSUES:

The Committee is responsible for objectively evaluating all grant applications and collaboratively making funding recommendations to address the community’s most pressing needs and maximize impact of the CSGP. Staff proposes several options for consideration that may address the concerns that grant recommendations are representative of the City Council and community needs and values. A Committee consisting of five (5) appointees will be created by following the appointment process that is currently employed for filling other vacancies in other City advisory bodies, such as the Planning Commission, Architectural Review Committee, and Downtown Parking Advisory Board. Per Council direction on October 25, 2022, Section 5.2 of the City Council Handbook was amended to reflect this change in process and to include the Committee as an advisory body appointed by Council. (Attachment 2).

Item 9.q.

City Council
Consideration of a Resolution Ratifying Changes to the Community Service Grant Program Review Committee
November 22, 2022

Residents seeking appointment to the Committee shall submit an application to the City Clerk’s Office. To be eligible, the applicant must be a registered voter that resides in the City. Councilmembers shall prioritize applicants from their respective district whenever possible. Once appointed the Committee member will serve for a term that runs concurrently with the appointing Councilmember.

ALTERNATIVES:

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

1. Adopt a Resolution changing the make-up of the Community Service Grant Committee as an advisory body appointed by Council;

2. Modify and adopt the Resolution; or

3. Provide other direction to staff.

ADVANTAGES:

A Committee comprised of Council appointees will alleviate the concerns associated with a Committee that is too heavily skewed towards the business community and maximize the effectiveness of the CSGP.

DISADVANTAGES:

None 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.

Attachments:

1. Proposed Resolution

2. Section 5.2 of the City Council Handbook

3. Council Resolution 4650

4. Council Resolution 5003

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE APPROVING UPDATES TO THE

ARROYO GRANDE COMMUNITY SERVICE GRANT

COMMITTEE
WHEREAS, on September 23, 2014, the City Council approved the Community Service Grant Program (CSGP) process and annually budgets funds to implement the program; and
WHEREAS, the CSGP Committee (Committee), consisting of a volunteer from each of the City’s advisory bodies and one representative from the Chamber of Commerce Board of Directors, is assembled annually to review eligible applications for the purposes of making funding recommendations to City Council; and WHEREAS, on March 8, 2022 Council directed staff to return at a future meeting with a discussion item regarding updates to the CSGP; and WHEREAS, on October 25, 2022 Council discussed potential updates to the CSGP; and
WHEREAS, Council directed staff to amend the composition of the CSGP Committee from volunteers from each of the City’s advisory bodies and one representative from the Chamber of Commerce Board of Directors, to a five (5) member Committee appointed by Council; and
WHEREAS, each Council Member will appoint one member to the Committee, for a term that runs concurrently with the appointing Councilmember; and WHEREAS, Section 5.2 of the City Council Handbook has been administratively updated to include the eligibility requirements, term, and process to appoint a representative to the Committee.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows:

1. The recitals stated above are true and correct and incorporated herein by reference.

2. The City of Arroyo Grande Community Service Grant Committee shall be changed to consist of five (5) members to be appointed by each City Council Member.

3. Members of the Committee shall serve for a term ending the January 31st following the expiration of the term of the respective appointing Mayor or Council Member, as applicable.

RESOLUTION NO.

PAGE 2

4. Members of the Committee may be removed prior to expiration of their term by a majority vote of the Council.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was adopted this 22nd day of November, 2022.

RESOLUTION NO.

PAGE 3
____________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
____________________________________

JESSICA MATSON, CITY CLERK
AS TO CONTENT:
____________________________________

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

CITY COUNCIL HANDBOOK
PAGE 23
No committee or subcommittee shall include in its membership more than two (2) Council Members.

The City Manager, or his/her designee, shall be an ex-officio member of all committees.

5.1 City Commissions, Committees and Boards
City commissions (which hereinafter include standing Council-appointed boards, commissions, and committees) serve as advisory bodies to facilitate public input and citizen participation in the determination of public policies. This is accomplished by formulating recommended courses of action and policy to the City Council with whom final determination rests. The Planning Commission (AGMC Chapter 2.18, “Planning Commission”) has authority to make final determination in applicable circumstances (AGMC Title 16, “Development Code”).

5.2 Appointment
Pursuant to Council Resolution, the City Council appoints representatives to the following City boards, commissions and committees:
x Planning Commission
x Downtown Parking Advisory Board
x Architectural Review Committee
x Tourism Business Improvement District (TBID) Board
x Community Service Grant Program (CSGP) Committee
With exception to the TBID Board, where members are appointed by the full Council, the Mayor and each Council Member shall appoint one representative to each respective Commission/Board/Committee. All appointments are subject to approval by a majority of the Council.

Members of each respective Commission/Board/Committee shall serve for a term ending the January 31st following the expiration of the term of the respective appointing Mayor or Council Member, as applicable. The exception to this process is the TBID Board, which consists of a minimum of three (3) and a maximum of nine (9) members appointed by the City Council. Vacancies on the TBID Board are administered by the South County Chambers of Commerce (Chamber), in coordination with City staff, and applicants are recommended to the Council for appointment by the Chamber. Members of each respective Commission/Committee/Board may be removed prior to expiration of their term by a majority vote of the Council.

Applicants, with the exception of the Downtown Parking Advisory Board, and TBID Board must be registered voters of Arroyo Grande. Applicants for the Downtown Parking Advisory Board shall have a business within the Arroyo Grande City Parking and Business Improvement Area. Two-thirds of appointees to the TBID Board shall be owners of lodging businesses within the Arroyo Grande Tourism Business Improvement District or others with knowledge of tourism and/or the lodging industry. It is preferred that members of the CSGP Committee reside within the appointing Council Member’s District, but is not required.

Those seeking appointment to a Commission/Board/Committee must submit an application to the City Clerk’s Office. Those ATTACHMENT 2

CITY COUNCIL HANDBOOK
PAGE 24
Commission/Board/Committee members whose terms have expired must submit a new application (terms are not automatically renewed), and the City Clerk will notify said Commission/Board/Committee members with a letter and new application form.

Applications shall remain valid and on file for one year.

Following Council appointment, the new Commission/Board/Committee member will be notified by the City Clerk’s Office via letter of the appointment and c onflict of interest filing obligations. Copies of the letter and completed application form(s) will be forwarded to the appropriate staff liaison, who will contact the successful member(s) regarding meeting dates, times and responsibilities. All appointees to a City Commission/Board/Committee are also subject to the City’s Ethics Policy and training requirements.

The City Council also appoints an Arroyo Grande representative to the San Luis Obispo Council of Government’s (SLOCOG) Citizens Transportation Advisory Committee (CTAC). The CTAC provides citizen review and recommendations on agenda items to SLOCOG staff and the SLOCOG Board of Directors. Those seeking appointment to the CTAC must submit an application to the City Clerk’s Office. The City Clerk will then forward the application to the City’s appointee to the SLOCOG Board of Directors for review and recommendation for appointment by the City Council.

5.3 Removal
A person appointed by the City Council to a Commission/Board/Committee shall continue to serve as a member thereof except when:
a. The person's term of office expires and a different person has been appointed.
b. The person voluntarily resigns from the
Commission/Board/Committee.
c. The person no longer meets the eligibility requirements. d. The person fails to attend three (3) consecutive meetings of the Commission and does not have prior approval for said absences by way of a majority action of the City Council.
e. A majority of the City Council determines the member shall be removed.

Any member of the City Council may initiate a person's removal from a Commission by requesting that consideration of the person's removal be placed on the Council's agenda at a regular or special meeting for discussion and potential action. The City Clerk shall notify the person affected of the time and place of the meeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the person from a Commission/Board/Committee.

5.4 City of Arroyo Grande Commissioners Handbook
The Commissioners Handbook assists members of all City commissions, committees, and boards in carrying out responsibilities in accordance with the policies and guidelines established by Council. The Handbook outlines the general purpose and duties of each commission.

RESOLUTION NO. 4650

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE APPROVING COMMUNITY

SERVICE GRANT PROGRAM PROJECTS FOR YEAR
2015
WHEREAS, on September 23, 2014 the City Council approved the Community Service Grant Program process and allocated $ 20,000 in the FY 2014- 15 Annual Budget to implement the program; and
WHEREAS, the City received a total of twelve ( 12) applications for the Community Service Grant Program; and
WHEREAS, the City Council established a Community Service Grant Review Panel consisting of one member from each of the City's boards, commissions and committees; and
WHEREAS, this panel convened on February 11, 2015 to review the applications and recommended funding allocations, as indicated in Exhibit A; and WHEREAS, on March 10, 2015 the City Council held a duly noticed public hearing to consider the City's Community Service Grant Program projects.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, California, hereby approves the 2015 Community Service Grant Program projects as set forth in Exhibit " A" attached hereto and incorporated herein by this reference.

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

AYES: Council Members Harmon, Barneich, Guthrie, and Mayor Hill NOES: Council Member Brown
ABSENT: None
the foregoing Resolution was passed and adopted this 10th day of March, 2015.

ATTACHMENT 3

RESOLUTION NO. i-(lo5b
PAGE 2

JIM ILL, MAYOR
ATTEST:
fir
Ill
KELLY ET isRE, CITY CLERK
APPROVED AS TO CONTENT:

Fv2 7./".

ROBERT c L, INTERIM CITY MANAGER
APPROVED AS TO FORM:

TIM HY J. C L, CITY ATTORNEY

RESOLUTION NO. 4650
PAGE 3
EXHIBIT " A"
Arroyo Grande 2015 Community Service Grant Program
Summary of Applications (12 Total)
Not listed in any particular order)
NAME;OF„ PROJECT AREA ; ,' GRANT,., ,'
NON- PROFIT;;' ,SUMMARY, .SERVED AMOUNT V4°' RECOMMENDED

REQUESTED'
r rvn, a ' = '
r,,,;:
i , . . COMMITTEE n5Cities Housing and [ Five Cities 1$ 1, 500 1, 500 Homeless other
Coalition transitional
5CHC) assistance for
the homeless.

South County Upgrade and [ City of AG 2, 000 1, 000
Historical maintenance of
Society the museum
gardens.

Arroyo Grande Monument to City of AG 16,000 i$ 0
Public Art (AG the fire fighters
in Bloom) of the 9/ 11
World Trade
Center.

Senior Nutrition Food and food City of AG 5,000 1$ 3, 000 Program of SLO containers for
County seniors in AG.

CAPSLO Emergency SLO County 1$ 8,600 1$ 2, 500
intervention
services and
shelter for the
homeless.

Central Coast Sage City of AG 3, 998 1, 500
Salmon Waterways
Enhancement Workshop—
school children
education.

Peoples' Self Educators City of AG 10, 000 1$ 4,000
Help Housing salary at
Courtland
Street

RESOLUTION NO. 4650
PAGE 4
NAME:,OFt," _ PROJECT :, AREA GRANT' ;. '., AMOUNT; N ' rr , NON-PROFIT SUMMARY 4 ;'

I SERVED AMOUNT RECOMMENDED RECOMMEND,
Y <` REQUESTED,°:; , BYTHE` x
aS }+ . d. COMMITTEE k - 4. t` '
6 Apartments -
after school
education
program.

Transitional Provide food City of AG 2, 500 1, 500
Food and and shelter for
Shelter, Inc. homeless
persons who
are too ill,
injured or
disabled to be
in an overnight
or day shelter.

Camp Fire Camp Fire Out- Five Cities 2,500 1, 500
Central Coast of-School-Time
of California program.

SCORE San Entrepreneur ISLO County J$ 2,500 450
Luis Obispo education.

Big Brothers Staff time for SLO County $ 5,000 1, 700
Big Sisters of training, emphasis on
SLO County screening, City of AG
enrolling and
matching
families and
volunteers
within the City
of AG.

Family Care Purchase of City of AG 1, 350.48 1, 350
Network, Inc. new 12-door
CBY Mail Box.

TOTAL:, 6.0; 948:48 :$
t&. ; > , r' fM1 . f..
s. cwr,"" i
t i, ix' s;`°'. i,; •r`";y; ',' tirDs,<
i'cr' Ky,-
a°..
vi -, .+ e9 a%. x . o; w=

1 OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4650 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th day of March, 2015.

WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of March, 2015.

0.- / / / e ,

KELLY ' T RE, CITY CLERK

RESOLUTION NO. 5003

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING JIM GUTHRIE COMMUNITY
SERVICE GRANT PROGRAM PROJECTS FOR YEAR 2020
WHEREAS, on September 23, 2014, the City Council approved the Community Service Grant Program process and annually allocates $ 20, 000 to implement the program; and WHEREAS, on March 14, 2017, the City Council renamed the Community Service Grant Program the Jim Guthrie Community Service Grant Program ( JGCSGP); and WHEREAS, the City received a total of sixteen ( 16) applications for the 2020 JGCSGP; and WHEREAS, the City Council established a JGCSGP Community Service Grant Committee the " Committee") consisting of one member from each of the City' s current advisory boards and the South County Chamber of Commerce Board of Directors; and WHEREAS, the Committee convened via teleconference on May 28, 2020, in compliance with all applicable laws and orders, including the Ralph M. Brown Act as modified by the Governor' s Executive Order N- 29- 20, to review the applications and recommended funding allocations, as indicated in Exhibit " A"; and
WHEREAS, on June 9, 2020, the City Council considered the recommendations of the Committee and approved funding for certain proposed JGCSGP projects.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves funding for the 2020 JGCSGP projects as set forth in Exhibit " A" attached hereto and incorporated herein by this reference, subject to all of the rules, requirements, and regulations applicable to the JGCSGP and its grant recipients.

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

AYES: Council Members Paulding, Barneich, George, Storton, and Mayor Ray Russom NOES: None
ABSENT: None
the foregoing Resolution was adopted this 9th day of June, 2020.

ATTACHMENT 4

RESOLUTION NO. 5003
PAGE 2
CARE ' " AY R
191 •

M, MAYOR
ATTEST:

KELLY ETr ORE,
CITAle2.
4410/(A
CLERK
AS TO CONTENT:
411:6

BILL ROBESON, A TING CITY MANAGER
APPROVED AS TO FORM:

TIMOTHY J. CARMEL, CITY ATTORNEY

RESOLUTION NO. 5003
PAGE 3

EXHIBIT ' A'
Arroyo Grande 2020 Jim Guthrie Community Service Grant Program

NAME OF NON- AREA

APPROVED
PROFIT

PROJECT SUMMARY SERVED
GRANT
AMOUNT
SCORE San Luis Entrepreneur SLO County $ 500
Obispo education.

Five Cities Meals on Purchase food for Five Cities $ 2, 500 Wheels residents in Arroyo
Grande.

Assistance League Operation School Bell SLO County $ 2, 500 of SLO County clothing for
impoverished K- 12th
grade students).

Five Cities Diversity Education and training Five Cities $ 1, 000 Coalition program.

Shower the People Providing hot showers SLO County $ 2, 500 for the homeless.

Meals That Connect Meals for 5 seniors in SLO County $ 2, 500 Senior Nutrition AG for a year.

Program)
CASA of San Luis Recruitment, SLO County $ 1, 500
Obispo screening, training and ( emphasis
supervising community on AG)
volunteers to advocate
for abused and
neglected children
who are under the
jurisdiction of the
Juvenile Dependency
Court.

Food Bank Coalition Staffing to coordinate AG 1, 000
of SLO County food distribution.
5Cities Homeless Rapid rehousing and Five Cities $ 5, 500 Coalition eviction prevention,
warming center, an
immediate needs.

Life Steps Training for 24 staff SLO County $ 500
Foundation Central members.

Coast Adult
Services
Totals: $ 20, 000

OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5003 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of June, 2020.

WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of June, 2020.

KELLY W TM* ' E, CITY CLERK

Item 10.a.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Public Hearing for Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2023
DATE: November 22, 2022
SUMMARY OF ACTION:

Conduct a public hearing to consider preliminary funding recommendations for the City’s allocation of 2023 CDBG funds, which will assist the County of San Luis Obispo with its 2023 Action Plan process. The recommended project funding allocations (see Table 1 below for more detail) are:
 Five Cities Homeless Coalition: $13,095
 Curb Ramp and Sidewalk Improvement Project: $56,748
 City Administration: $6,111
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The County has estimated that $87,305 in CDBG funds will be available to the City in the Fall of 2023. This represents an increase of $639 over last year’s allocation. The County will help administer the CDBG program for the City, which will reduce City staff time involved. County staff will be paid for these administrative services through the CDBG program funds allocated to the City. Per the Cooperation Agreement between the County and the City entered into on July 7, 2020 (Attachment 1), 65% of the total available administration funds, or $11,350, will be deducted by the County to meet its obligations under the terms of the agreement for administrative costs. The remaining 35% of the total available administration funds, or $6,111 is recommended to be allocated for City administration of the projects funded by the CDBG program.

RECOMMENDATION:

Conduct a public hearing and provide preliminary approval of proposed projects to be funded with the City’s allocation of Community Development Block Grant (CDBG) funds for the Year 2023, as shown in Table 1. Final City approval of the CDBG allocation and projects will tentatively occur in March 2023.

Item 10.a.

City Council
Public Hearing for Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2023
November 22, 2022

Table 1: Recommended 2023 CDBG Allocations
Project and Category
2022
Allocation
2023
Requested
Proposed
2023
Allocation
Public Services (15% Cap - $13,095)
5 Cities Homeless Coalition $13,000 $13,095 $13,095
Subtotal $13,000 $13,095 $13,095
Public Facilities (No Cap)
Curb Ramp and Sidewalk Improvement Project $56,333 $0 $56,749 HASLO – Arroyo Terrace Apartments $0 $56,749 $0
Subtotal $56,333 $0 $56,749
Economic Development (No Cap)
Subtotal $0 $0 $0
Area Benefit (30% Cap - $26,191)
Subtotal $0 $0 $0
Housing Rehabilitation (No Cap)
$0 $0 $0
Administration (20% Cap - $17,461)
City Administration $6,067 $6,111 $6,111
County Administration $11,266 $11,350 $11,350
Subtotal $17,333 $17,461 $17,461
Total $87,305
BACKGROUND:

City Council approved a Cooperation Agreement with the County in July 2020 for the joint participation in the CDBG Program for fiscal years 2021 through 2023. The City, as a participant in the Housing and Urban Development (HUD) designated Urban County program, receives an annual formula-based allocation of CDBG funds. These funds are available for a variety of Community Development activities as long as the activities meet at least one of three national objectives. The objectives are:

1. Benefit low- and moderate-income persons;

2. Aid in the prevention or elimination of slums or blight; or

3. Address urgent community development needs that pose a serious or immediate threat to public health or welfare.

Item 10.a.

City Council
Public Hearing for Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2023
November 22, 2022

The County released a Notice of Funding Availability on September 1, 2022, and notified the public that the County and participating cities would accept applications for funding until October 14, 2022. Two organizations, the 5 Cities Homeless Coalition (5CHC) and the Housing Authority of San Luis Obispo (HASLO), submitted applications requesting funding from the City’s allocation of CDBG funds. Those requests are described in greater detail below.

ANALYSIS OF ISSUES:

The following criteria set forth by the County are used to make funding recommendations:

1. Consistency with Federal regulations and laws;

2. Community support (for example, approval of project by a City Council);

3. Seriousness of community development need proposed to be addressed by project;

4. Degree to which project benefits low-income and very low-income families or persons;

5. Feasibility of the project to be completed as budgeted and by December 31, 2022;

6. Cost effectiveness of funds requested and leveraging of other funds; and

7. Organization's experience or knowledge regarding CDBG or HOME requirements.

The Cooperation Agreement between the County and the City provides the City with discretion regarding the allocation of funds. Unless the City’s recommendation to the County for funding is clearly in conflict with CDBG regulations, the County will approve the recommendation. The County Board of Supervisors will make its final decision for funding priority in the spring of 2023.

Public Services
The competitiveness for public service funds, which is capped at 15% of the City’s CDBG allocation, has historically been strong with requests far exceeding available funds. As discussed in recent years regarding CDBG allocations, HUD has significantly increased its monitoring efforts of jurisdictions participating in the CDBG program, which means that local jurisdictions must increase their monitoring efforts of recipients as well. As stated in the Cooperative Agreement, only activities that can either individually or cumulatively receive more than $8,000 in CDBG funding will be considered due to the staff cost of processing such awards in compliance with federal requirements.

Because public service organizations are more aware of the stricter CDBG regulations, because of the funding opportunity provided to non-profit organizations serving the Arroyo Grande community through the City’s Community Service Grant Program (CSGP), and because the City Council had previously directed staff to apply CDBG funds toward Public Facility projects, the City has received very few applications over the past several years for CDBG funding.

Item 10.a.

City Council
Public Hearing for Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2023
November 22, 2022

5CHC’s application seeks funding to bolster its Shelter and Outreach Services and its Housing Program. Together, these programs provide financial assistance to low income households and individuals facing homelessness. Financial assistance includes rental assistance, deposit assistance, and case management. The goal of the program is to assist participants to secure long-term, stable housing that they can afford to retain. The total amount of CDBG funds requested by 5CHC from local agencies is provided in Table

2. Table 2: 5CHC Funding Requests by Agency
Agency Amount Requested
City of Arroyo Grande $13,095
City of Atascadero $4,667
City of Morro Bay $3,500
City of Paso Robles $16,333
City of Pismo Beach $5,238
City of San Luis Obispo $20,333
County of San Luis Obispo $29,167
Total $92,333
On February 8, 2022, Council considered CDBG projects for year 2022. During the discussion at that meeting, Council directed staff to prioritize the City’s available public service allocation of CDBG funding for homeless services. Therefore, staff recommends funding 5CHC’s request of 2022 funds for $13,095 to support its services for individuals facing homelessness.

Public Facilities
The City is committed to and prioritizes addressing Americans with Disabilities Act (ADA) accessibility deficiencies. During the last several years, with Year 2018 being the exception, Council has allocated the majority of CDBG funds to help pay for disabled access barrier removal projects throughout the City. These projects include Hoosegow Park ADA improvements, mid-block crosswalk ADA improvements, the Arroyo Grande Woman’s Club building barrier removal project, and various barrier removal projects at the Soto Sports Complex.

Last year, the City Council approved allocating $56,333 of the 2022 CDBG Public Facilities funds for improving curb ramp and sidewalk improvement infrastructure at the intersection of Alder Street and Farroll Avenue near Harloe Elementary to aid accessibility for residents with disabilities. Upon completion of the project funded by the 2022 CDBG allocation, the route to Harloe Elementary via Alder Street, south from Ash Street and north from Cameron Court, will have ADA compliant curb ramps.

Despite last year’s allocation, there are still hundreds of locations throughout the City in need of ADA compliant curb ramps. Therefore, staff recommends allocating the maximum

Item 10.a.

City Council
Public Hearing for Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2023
November 22, 2022

amount of Public Facilities funding towards additional replacement and construction of ADA compliant curb ramps. Public Works and Engineering staff identified an additional location near Harloe Elementary on S. Halcyon Road that is in need of upgrades (Attachment 4). At the intersection of Virginia Drive and S. Halcyon Road, the southeast corner does not have a curb ramp, nor is there sidewalk between this corner and the adjacent property to the south. Staff recommends replacing the existing curb with an ADA compliant curb ramp and adding approximately 125 feet of City standard sidewalk between the new curb ramp and the adjacent property to the south. The proposed project, in conjunction with the current infrastructure improvement projects occurring between Virginia Drive and Farroll Road, will result in a complete sidewalk route along the east side of Halcyon Road between Fair Oaks Avenue and the southern boundary of the City.

HASLO also submitted an application requesting funding from the Public Facilities category to assist with costs associated with constructing the Arroyo Terrace apartments at 700 Oak Park Blvd. The apartment project consisting of 62 affordable housing units and one manager’s unit was approved by the Planning Commission on May 18, 2021.

The recent HASLO application states that sixteen (16) of the apartments will now provide housing for households experiencing homelessness and the remaining forty-two (42) will be affordable to tenants with extremely low, very low, and low-income levels. The Arroyo Terrace Project would be eligible for financial assistance through contributions from the City’s Inclusionary Affordable Housing Trust Fund, which currently includes approximately $1.1 million. Therefore, staff does not recommend allocating CDBG funding for this project. Staff will work with HASLO to process a request for funding from the City’s Inclusionary Affordable Housing Trust Fund.

Housing Rehabilitation
The City did not receive any requests for housing rehabilitation projects.

Economic Development
The City did not receive any requests for economic development projects.

Area Benefit
The City did not receive any funding requests for this category.

Administration/Planning and Capacity Building
Planning and capacity building funds are limited to a 20% cap of the total CDBG funding available. Pursuant to the Cooperation Agreement between the County and the City, 65% of the 20% of available funds for planning and capacity building/administration, or $11,350, will be deducted by the County to meet its obligations under the terms of the agreement for administrative costs. The remaining 35% of the total available funds, or $6,111, is recommended to be allocated for administration of the CDBG funded projects.

Item 10.a.

City Council
Public Hearing for Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2023
November 22, 2022

ALTERNATIVES:

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

1. Conduct a public hearing and approve preliminary funding for the CDBG programs for the Year 2023, as proposed in Table 1 on page 2 of this staff report;

2. Conduct a public hearing and modify and approve preliminary funding for the CDBG programs for the Year 2023; or

3. Provide other direction to staff.

ADVANTAGES:

The recommended 2023 CDBG allocations fund important City priorities and are consistent with the Cooperation Agreement between the County and City. The City’s Community Service Grant Program provides an additional funding opportunity, separate from CDBG, for local public service programs that address unmet needs in the community.

DISADVANTAGES:

There are no disadvantages identified at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Cooperation Agreement between the County of San Luis Obispo and the City of Arroyo Grande for the joint participation in the CDBG program, the HOME Investment Partnerships Program, and the Emergency Solutions Grant Program for Fiscal Years 2021 through 2023

2. 5CHC 2023 CDBG Application

3. HASLO 2023 CDBG Application

4. Map Depicting Proposed ADA Improvement Locations

ATTACHMENT 1

10th September

Application A: Community/Supportive Services and Infrastructure Activities Funding sources available: CDBG, ESG, PLHA, GFS

1. APPLICANT INFORMATION
• Entity Name 5Cities Homeless Coalition
• Ultimate Borrower, if applicable Click or tap here to enter text. • Application Contact (Name and Title) Janna Nichols, Executive Director • Contact Phone Number 805-471-7404 Cell; 805-574-1638 Office • Entity Address, City and Zip Code 100 S. 4th Street, Grover Beach, CA 93433 • Mailing Address (if different from above) P.O. Box 558, Grover Beach, CA 93483 • Applicant’s Website 5chc.org
• Unique Entity Identification (UEI) Number KR8JGGKBKEP9 • Type of Agency (501(c)(3), For Profit, Gov’t/Public, CHDO, Other) 501(c)(3) • Date of Incorporation March 3, 2009
• Project Management
o Project Lead Name Janna Nichols
o Title Executive Director
o Phone 805-471-7404 C, 805-574-1638
o Email [email protected]

2. PROJECT SUMMARY
• Project Title San Luis Obispo County Rapid Re-Housing/Homeless Prevention • Project Address 100 S. 4th Street, Grover Beach, CA 93433 • APN #, if applicable Click or tap here to enter text. • Description of the Project
Provide a project description that captures the maximum anticipated scope of the application. It should include all contemplated actions which logically are, either geographically or functionally, a composite part of the project, regardless of the source of funding. Describe all physical aspects of the project, such as plans for multiple phases of development, size and number of buildings, and activities to be undertaken. Include details of the physical impacts of the project, including whether there will be ground disturbance. If applicable, indicate whether the project site will require acquisition or if the sponsor already has ownership. 5CHC seeks funds from multiple sources through this application to continue its countywide Rapid Re-Housing and Homeless Prevention program, serving communities throughout San Luis Obispo County – with the exception of Grover Beach (served through other funding sources). 5CHC's Housing Program braids available funding sources and with multiple sources of funds, 5CHC is able to target funds with differing eligibility criteria in order to maximize their use to serve those with the highest needs and greatest number possible. 5CHC’s housing and stabilization services including landlord cultivation, case management support, and subsistence payments for rent, application fees and deposits to individuals and families based on income and anticipated need, following a coordinated entry assessment and progressive engagement model. With these activities we will work to ensure services are lowbarrier and easily accessible; help participants quickly identify and resolve barriers to obtaining and maintaining housing; assist to resolve the housing crisis before focusing on other nonhousing related services; allow participants to choose the services and housing that meets their needs; connect participants to appropriate support and services available in the community that foster long-term housing stability; and offer financial assistance and supportive services in a manner which offers a minimum amount of assistance initially, adding more assistance over ATTACHMENT 2

time if needed to quickly resolve the housing crisis by either ending homelessness, or avoiding an immediate return to literal homelessness or the imminent risk of literal homelessness

3. BUDGET
• Funds Requested (Amount and Source) ESG $151,945; PLHA $149,978; CBBG – AG $13,095, Atas $$4,667, MB $3,500, PR, $16,333, PB $5,238, SLO $20,333, County $29,167
• Total Project/ Program Cost (Identify funding to be used to support the project throughout affordability period, if applicable) $394.256 • Identify leveraged funds (Committed, Match, Not Yet Committed) 5CHC Match $151,945; $48,055 Additional Local Grants & Contributions • Identify additional rental assistance in project, if applicable $177,600 in direct financial assistance included in total.
• Indicate how the match requirement will be met (include sources and source documentation), if applicable. Private Contributions & Grants $200,000

4. PURPOSE & NEED
• Purpose of the Proposed Project. Describe the project by addressing each of the following:
o What activities will be undertaken? Rapid re-housing connects families and individuals experiencing homelessness to permanent housing through a tailored package of timelimited financial assistance and targeted supportive services. Rapid Re-Housing involves intensive and specialized case management targeted at identifying displaced clients’ most pertinent needs; connect them to community resources. The case manager then works with the household to create a budget; identify income opportunities; determine eligibility for entitlement programs (such as SSI and SSDI); research housing options, and create and carryout case plans. All activities are on-going throughout the year, based on referral and prioritization protocols, following each participant’s case plan. Homeless Prevention – Services will be provided to those at imminent risk of homelessness based on need and qualification. Clients receive targeted case management services per their individual circumstance, in addition to direct financial assistance to enable them to remain in their housing, or deposit assistance needed to re-house them to prevent homelessness.

Services may include financial literacy, job and income counseling, benefits advocacy (for unearned income support as appropriate), housing search supports. o What are the project goals and objectives? The goal of the program is to assist participants to secure long-term stable housing that they can afford to retain. Rapid rehousing is a primary solution for ending homelessness. It has been demonstrated to be effective in getting people experiencing homelessness into permanent housing and keeping them there. By connecting people with a home, they are in a better position to address other challenges that may have led to their homelessness, such as obtaining employment or addressing substance abuse issues. The intervention has also been effective for people traditionally perceived to be more difficult to serve, including people with limited or no income and survivors of domestic violence. Research demonstrates that those who receive rapid re-housing assistance are homeless for shorter periods of time than those assisted with shelter or transitional housing. Rapid re-housing is also less expensive than other homeless interventions, such as shelter or transitional housing. The program also provides immediate assistance to participants who are homeless or at risk.

Program outcomes track length of time homeless; length of time homeless from program enrollment; income changes and housing retention rates. o Explain the need being addressed by this project. Housing costs continue to rise year over year here in San Luis Obispo County, with more than a 20% increase in just the past year. Given the tight housing market, most available units comes from private landlords,

with an increasing trend to charge double-deposits, 5CHC is spending an average of $4,500 to move families into housing (deposit and first month’s rent). Just since July 1, 2022 we’ve seen rents increase on average by $200-$400 per month, with a high amount of property turnover. This has affected those living in the units who are often displaced due to income limits, or those who struggle to retain housing and find themselves at imminent risk of homeelessness. These continued increases in deposits and monthly rents has had a direct effect on the number of households projected to be served by this grant, and why we are requesting expanded funds through additional funding sources. o Explain how the need was identified. The County’s recently adopted Strategic Plan to address homelessness calls for a need assist an additional 160 persons to find housing by adding resources for Rapid Re-Housing activities (Line of Effort 1.d) and to prevent homelessness for an additional 50 people each year through HP and Diversion (Line of Effort 2.d)
o Who are the beneficiaries? How will eligibility be determined? 5CHC's Housing Program targets financial assistance and services to individuals and families based on income and anticipated need, following a coordinated entry assessment and progressive engagement model. Those who receive emergency grants for subsistence payments (rental assistance, 05Q) or for deposit assistance (05T Assistance will be provided to benefit a clientele who are generally presumed by HUD to be principally L/M income persons - those who are homeless. This population is among those who are currently presumed by HUD to be made up principally of L/M income persons: Reference:
§570.208(a)(2)(i)(A). Additionally, as some assistance will be provided to those of imminent threat of homelessness, 5CHC's program additionally requires information on family size and income so that it is evident that at least 51% of the clientele are persons whose family income does not exceed the L/M income limit. Reference: §570.208(a)(2)(i)(B) and (C) o Is there community and/or political support? Explain. 5CHC receives financial support for this program with each of its local government parnters annually, in addition to the recent augmentation of funds through ARPA and other local means. 5CHC is recognized for its RRP and HP work; and is currently receiving strong support to expand services in other areas on the continuum (including shelter). In addition, individual community members and local businesses continue to support 5CHC (mostly with unrestricted dollars) with more than $400,000 in contributions annually.
o Describe how the impact will be sustained once this round of funding ends. The RRH and HP program has on-going needs that have only increased in recent years, and housing prices continue to skyrocket. Without this continued funding this program will not be sustained. In the current fiscal year (2022-23) 5CHC is on track to serve more than 500 families through RRH and an additional 500 families through Homeless Prevention efforts. In 2021-22 5CHC expended more than $500,000 in direct financial assistance this program; and is currently on pace to spend more than $900,000 in this fiscal year in direct financial assistance. Funding awards from annual grant funds for ESG and CDBG have been reduced each of the last several years. Currently nearly all of the funds being dedicated to Rapid Re-Housing and Homeless Prevention activities in the county, are through CARES Act CV ESG and CDBG Funds - most of which will be exhausted within the first quarter of this grant application’s funding cycle. Other one-time monies that have come available (such as ARPA) have not been targeted to RRH or HP activities, but instead expanded area shelter activities. Thus, without these funds for 2023- 24, the program will be severely reduced.
• Organizational Capacity. Summarize the organization's background/capacity to carry out the proposed project. Address the following points:

o Has the organization carried out this type of project previously? Explain. 5Cities Homeless Coalition has successfully provided rapid re-housing and homeless prevention programs since 2015. As noted above, through CARES Act CV funds, 5chc will invest more than $900,000 this fiscal year in RRP and HP activities. Currently 5CHC is under contract or has been awarded 10 local, state and federal grants to provide RRH and HP services. o What makes the organization a preferred provider of this service? 5CHC has been the leading provider of these services for several years. 5CHC seeks to ensure that its services are both culturally and professionally competent; and accessible regardless of race or ethnicity or other condition. 5CHC staff represent a broad cross section including those of color, Latinx; those with lived experience. Currenlty, 5CHC employs 8 who are bilingual/bicultural speaking both English and Spanish; additionally, the agency has access to support those who are mono-lingual Mixteco. 5CHC staff have extensive training and relationships with those in the LBTGQ community. 5CHC works to train staff to ensure services are welcoming and provided without discrimination or judgment, that we approach our work through a trauma-informed perspective, and are attentive to specific circumstances (such as those who have experienced sex-trafficking or sexual violence).Collaboration 5CHC Homeless Services program is integrated in the local Continuum of Care, focusing on collaboration and strategic action. 5CHC is a key participant in the Coordinated Entry System receiving referrals community partners throughout the compendium of services. Additionally, 5CHC staff participate in HSOC at all levels and regularly participate in evidence-based trainings (Mental Health First Aid, etc.) 5CHC also has a program of providing staff trainings monthly with other service professionals and partner agencies.

5. ELIGIBILITY
• Indicate the eligible activity category for this project. Rapid Re-Housing: Short-Term Rent and Housing Stabilization Services including deposit, application fees, case management.; Homeless Prevention: Short-term rental assistance; homeless prevention deposit assistance; HMIS: staff and expenses necessary to deliver the activity.

6. SCHEDULE
• Provide a detailed project timeline, include milestones with units of measure. July 1, 2023-June 30, 2024. All activities will be conducted through the 12-month timeline.

Households and number of persons served will be tracked through HMIS. • Describe agency’s record keep system with relevance to the proposed project and how reporting requirements will be met. 5CHC employs a dedicated HMIS Data Manager to ensure quality compliance and track client outcomes. This position is supported with three finance employees, including one charged with Grants Management for accountability of expenses and fulfillment of grant commitments. The agency's Associate Director is responsible for authorizing all funding requests and reporting on program outcomes. With each program activity case managers report to a Program Manager for supervision and oversight; including client eligibility and case file review . The agency's Executive Director is directly engaged in initial program development, and efforts to provide services on a regional basis.

7. ADDITIONAL INFORMATION
• Has site control been obtained? If so, how is site control held? Attach documentation of site control. Click or tap here to enter text.
• Zoning. Is the current project location zoned for the proposed activity? If not, describe steps to be taken to ensure zoning requirements are met. Click or tap here to enter text.

• If applicable, indicate the application due date for tax credits. Click or tap here to enter text.
• Identity all permits necessary for the project. Include estimated dates of application and approval. Click or tap here to enter text.
• Does this Project require Relocation? If so, attach Relocation Plan. Click or tap here to enter text.
• Indicate Housing Type (Permanent Homeowner Housing, Rental Housing, Transitional Housing). Click or tap here to enter text. • Does the Project intend to target special populations (such as seniors, persons with disabilities, children in foster care, etc.)? Click or tap here to enter text. • Will the Applicant be providing services? If so, please provide a brief explanation.

Click or tap here to enter text.

8. ENVIRONMENTAL REVIEW
• Indicate level of environmental review required for proposed project. Click or tap here to enter text.
• Indicate environmental review steps completed to date. Click or tap here to enter text.

9. SECTION 3 AND MINORITY AND WOMEN BUSINESS ENTERPRISES (AS

APPLICABLE)
• Section 3: Please explain how Section 3 benchmarks will be met. Click or tap here to enter text.
• MBE/WBE: Please explain how your project will be marketed towards MBE/WBEs.

Click or tap here to enter text.

10. ADDITIONAL REQUIRED DOCUMENTS – attached as identified below a) Articles of Incorporation
b) Bylaws
c) Non-profit Determination
d) List of the Board of Directors
e) Authorization to Request Funds
f) Designation of Authorized Official
g) Organizational Chart
h) Most Recent Financial Audit
i) Policies and Procedures
j) SAM Search

Arroyo
Grande Atascadero Morro Bay
Paso
Robles
Pismo
Beach
San Luis
Obispo County
Personnel (Direct Labor)
Estimated
Hours
Rate per
Hour Estimated Cost
Housing Program Manager 0.3 624 $34 $21,216 $8,199 $8,093 $707 $252 $189 $881 $283 $1,097 $1,574 RRH/HP Case Manager (2 FTE) 2 4,160 $24 $99,840 $38,586 $38,086 $3,325 $1,185 $889 $4,148 $1,330 $5,164 $7,407 HMIS Data Manager (.16 FTE) 0.16 333 $24 $7,987 $3,087 $3,047 $266 $95 $71 $332 $106 $413 $593 HMIS Program Support Specialist (.5 FTE) 0.5 1,040 $20 $20,800 $8,039 $7,935 $693 $247 $185 $864 $277 $1,076 $1,543 Fringe Benefits Rate (%) Base Estimated Cost
Housing Program Manager 18.00% $3,819 $1,476 $1,457 $127 $45 $34 $159 $51 $198 $283 RRH/HP Case Manager (3 FTE) 18.00% $17,971 $6,945 $6,856 $599 $213 $160 $747 $239 $929 $1,333 HMIS Data Manager (.16 FTE) 18.00% $1,438 $556 $548 $48 $17 $13 $60 $19 $74 $107 HMISProgram Support Specialist (.5 FTE) 18.00% $3,744 $1,447 $1,428 $125 $44 $33 $156 $50 $194 $278 Travel
Vehicle Maintenance & Repair - Housing Stabilization Services Estimated Cost Supplies and Materials
Housing & Stabilization Program Supplies $1,000 $386 $381 $33 $12 $9 $42 $13 $52 $74 HMIS Telephone/Equipment $2,000 $773 $763 $67 $24 $18 $83 $27 $103 $148 Other Direct Costs Households Base
RRH & Stabilization Services
Deposits/Application Fees 20 $2,500 $50,000 $19,324 $19,074 $1,665 $593 $445 $2,077 $666 $2,586 $3,709 Short-Term Rental Assistance 20 $2,000 $40,000 $15,459 $15,259 $1,332 $475 $356 $1,662 $533 $2,069 $2,967 Homeless Prevention & Stabilization Services
Deposits/Application Fees 10 $3,000 $30,000 $11,594 $11,444 $999 $356 $267 $1,246 $400 $1,552 $2,226 Short-Term Rental Assistance (3 mo assistance/avg)12 $4,800 $57,600 $22,261 $21,973 $1,919 $684 $513 $2,393 $767 $2,979 $4,273 Subtotal of Direct Costs 10% $35,741 $13,813 $13,634 $1,190 $424 $318 $1,485 $476 $1,848 $2,652 Total Estimated Costs $393,156 $151,945 $149,978 $13,095 $4,667 $3,500 $16,333 $5,238 $20,333 $29,167 $151,945 $149,978 $13,095 $4,667 $3,500 $16,333 $5,238 $20,333 $29,167 $147,000 $14,000 $10,500 $49,000 $14,000 $61,000 $87,500 Likely to spend per jurisdiction based on prior year service at $3.500/HH $147,000 $112,000 $17,500 $84,000 $38,500 $119,000 $133,000 # Households Served 2022 YTD By Jurisdiction
RRH 11 28 2 10 7 16 25
HP 31 4 3 14 4 18 13
42 32 5 24 11 34 38
5Cities Homeless Coalition Rapid Rehousing/Homeless Prevention Budget Request - 23-24 ACTION PLAN CDBG
ESG
Request By Funding Source
Expense Category PLHA

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 1 of 16

AMENDED AND RESTATED BYLAWS
for the regulation, except
as otherwise provided by statute or its
Articles of Incorporation,
OF
5CITIES HOMELESS COALITION

A CALIFORNIA PUBLIC BENEFIT CORPORATION
ARTICLE 1

OFFICES
SECTION 1. PRINCIPAL OFFICE
The corporation’s principal office shall be fixed and located at 100 S. 4th Street., Grover Beach or such place within San Luis Obispo County, California as the Board of Directors (herein called the “Board”) shall determine. The Board is granted full power and authority to change said principal office from one location to another.

SECTION 2. OTHER OFFICES
Branch or subordinate offices may be established at any time by the Board.

ARTICLE 2

PURPOSES
SECTION 1. OBJECTIVES AND PURPOSES
The purposes for which this corporation is formed are:

PURPOSE: To promote the health and well-being of the homeless population in our geographic area through the cooperation of like-minded agencies and organizations.

OBJECTIVES:
a) To promote the health and well-being of individuals and families who are homeless or at risk of being homeless in San Luis Obispo County.
b) To determine the need for human services; to seek solutions to human problems; to assist in the development or the change of existing programs; and to foster cooperation among local, state, and national agencies serving the San Luis Obispo County community. c) To develop the financial resources (both governmental and voluntary) needed to meet the human service needs of this population in the San Luis Obispo County community. d) To provide services either directly or through collaboration with other agencies to best meet the current and emerging needs of those at-risk in the San Luis Obispo County. f) To muster community support and commitment to assist those at-risk in San Luis Obispo County. g) To receive by gift, grant, devise, bequest or otherwise, aid from any private or public sources, personal or real property, and to hold, administer, sell, invest, re-invest, manage, use, disburse and distribute, and apply the income and/or principal of the same in accordance with the directions and intent of such direction, as the corporation may deem best from time to time, for the promotion of any or all of the foregoing purposes.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 2 of 16 ARTICLE 3

MEMBERSHIP
SECTION 1. MEMBERSHIP
The corporation shall have no members. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval of the Board. All rights which would otherwise vest in the members shall vest in the directors.

ARTICLE 4

NONPARTISAN ACTIVITIES
SECTION 1. NONPARTISAN ACTIVITIES
This corporation has been formed under the California Nonprofit Public Benefit Corporation Law for the charitable purposes described above, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the corporation shall consist of the carrying on of propaganda or otherwise attempting to influence legislation. The corporation shall not participate or intervene in any political campaign on behalf of or in opposition to any candidate for public office.

ARTICLE 5

DIRECTORS
SECTION 1. NUMBER
The corporation shall have not less than 5 and not more than 19 directors until changed by amendment of the Articles or Bylaws. The exact number of directors shall be fixed by approval of the Board of Directors;
SECTION 2. POWERS
Subject to the provisions of the California Nonprofit Public Benefit Corporation law and any limitations of the Articles of Incorporation and these Bylaws, the activities and affairs of the corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board. The Board may delegate the management of the activities of the corporation to any person or persons, a management company or committees however composed, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Board shall have the following powers in addition to the other powers enumerated in these Bylaws:
(a) To select and remove all the other officers, agents and employees of the corporation, prescribe powers and duties for them that are not inconsistent with law, the Articles or these Bylaws, fix their compensation and require from them security for faithful service. (b) To conduct, manage and control the affairs and activities of the corporation and to make such rules and regulations therefore not inconsistent with the law, the Articles or these Bylaws, as they may deem best.
(c) To adopt, make and use a corporate seal and to alter the form of such seal from time to time as they may deem best.
(d) To borrow money and incur indebtedness for the purposes of the corporation, and to cause to be executed and delivered therefore, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other evidences of debt and securities therefore.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 3 of 16 SECTION 3. DUTIES
It shall be the duty of the directors to:
(a) Perform any and all duties imposed on them collectively or individually by law, by the Articles of Incorporation of this corporation, or by these Bylaws;
(b) Appoint and remove, employ and discharge, and, except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any, of all officers, agents and employees of the corporation;
(c) Supervise all officers, agents and employees of the corporation to assure that their duties are performed properly. The Board may delegate to the Executive Committee the authority to supervise and evaluate the performance of the Executive Director and delegate to the Executive Director the authority to employ, supervise, evaluate the performance of or discharge employees of the Corporation;
(d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation. Notices of meetings mailed or electronically communicated (such as by e-mail) to such addresses shall be valid notices thereof.

A director shall perform the duties of a director, including duties as member of any committee of the Board on which the director may serve, in good faith, in a manner such director believes to be in the best interest of this corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like situation would use under similar circumstances.

In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by:
(a) One or more officers or employees of the corporation whom the director believes to be reliable and competent in the matters presented;
(b) Counsel, independent accountants or other persons as to matters which the director believes to be within such person’s professional or expert competence; or (c) A committee of the Board upon which the director does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as in any such case, the director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted.

SECTION 4. SELECTION AND TERMS OF OFFICE
A Nominating Committee of no fewer than three directors shall be appointed by the Chair not later than at the April Board meeting each year. The Nominating Committee shall present at the June Board meeting each year the names of one or more candidates for at least as many board members as vacancies shall exist for the upcoming term. Additional nominations may be submitted by current directors at the June Board meeting. Those nominees for directors receiving the most votes shall be the elected directors. The directors elected at the June meeting shall assume office on July 1 of the following new fiscal year. Each term shall be for three years. New directors shall serve no more than two consecutive terms. After serving two consecutive three-year terms, Directors may not be reappointed or re-elected to the Board for a one-year period after they have termed out.

SECTION 5. FEES AND COMPENSATION
Directors and members of committees shall serve without compensation for their services, but may receive such reimbursement for expenses, as may be fixed or determined by the Board of Directors in the performance of their regular duties as specified in Section 3 of this Article.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 4 of 16 SECTION 6. LOANS.

This corporation shall not make any loan of money or property to, or guarantee the obligation of, any director or officer, unless approved by the California Attorney General; provided, however, that this corporation may advance money to a director or officer of this corporation or any subsidiary for expenses reasonably anticipated to be incurred in performance of the duties of such officer or director so long as such individual would be entitled to be reimbursed for such expenses absent that advance.

SECTION 7. CONFLICTS OF INTEREST
Whenever a director or officer, or their immediate family member, has a financial or personal interest in any matter coming before the board of directors, the affected person shall a) fully disclose the nature of the interest and b) withdraw from discussion, lobbying, and voting on the matter. Any transaction or vote involving a potential conflict of interest shall be approved only when a majority of disinterested directors determine that it is in the best interest of the corporation to do so. The minutes of meetings at which such votes are taken shall record such disclosure, abstention and rationale for approval.

For purposes of this provision, the term "interest" shall include personal interest, interest as director, officer, member, stockholder, shareholder, partner, manager, trustee or beneficiary of any concern and having an immediate family member who holds such an interest in any concern. The term "concern" shall mean any corporation, association, trust, partnership, limited liability entity, firm, person or other entity other than the organization.

SECTION 8. PLACE OF MEETINGS
Meetings shall be held at any place within the State of California which has been designated from time to time by a majority consensus of the Board of Directors. In the absence of such designation, regular meetings shall be held at the principal office of the corporation.

Any meeting not held at the principal office of the corporation shall be valid only if held on the written consent of all directors given either before or after the meeting and filed with the Secretary of the corporation, or after all board members have been given written notice of the meeting as hereinafter provided for special meetings of the board.

Any meeting, regular or special, may be held by conference telephone, electronic video screen communication, or other communications equipment. Participation in a meeting through use of conference telephone constitutes presence in person at that meeting so long as all directors participating in the meeting are able to hear one another. Participation in a meeting through use of electronic video screen communication or other communications equipment (other than conference telephone) constitutes presence in person at that meeting if all of the following apply:
a). Each director participating in the meeting can communicate with all of the other directors concurrently;
b) Each director is provided the means of participating in all matters before the board, including, without limitation, the capacity to propose, or to interpose an objection to, a specific action to be taken by the corporation;
c) The corporation adopts and implements some means of verifying 1) that all persons participating in the meeting are directors of the corporation or are otherwise entitled to participate in the meeting, and 2) that all actions of, or votes by, the board are taken and cast only by directors and not by persons who are not directors.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 5 of 16 SECTION 9. REGULAR AND ANNUAL MEETINGS
Regular meetings of the Board shall be held on such dates and at such times as may be fixed by the Board, subject to notice not less than two calendar day prior to each meeting.

An annual meeting of directors shall be held no later than June 30th of each year. At least four days notice by email or first-class mail addressed to each director's address as it is shown on the records of the Corporation shall be given for the annual meeting. Directors shall be elected by the Board of Directors in accordance with this section. Cumulative voting by directors for the election of directors shall not be permitted. The candidates receiving the highest number of votes up to the number of directors to be elected shall be elected. Each director shall cast one vote, with voting being by ballot only.

SECTION 10. SPECIAL MEETINGS
Special meetings of the Board for any purpose or purposes may be called at any time by the Chair of the Board, the President, any Vice President, the Secretary or any two (2) Directors. Special meetings of the Board shall be held upon four (4) days notice by first-class mail or forty-eight hours (48) notice given personally or by telephone or electronic communication. Any such notice shall be addressed or delivered to each director at such director’s address as it is shown upon the records of the corporation or as may have been given to the corporation by records or if not readily ascertainable, at the place in which the meetings of the directors are regularly held.

SECTION 11. NOTICE OF MEETINGS
Notice by mail shall be deemed to have been given at the time it is delivered to a common carrier for transmission, or accurately transmitted by the person giving the notice by electronic means, to the recipient or when written notice is deposited in the United States mails, postage prepaid. Any other written notice shall be deemed to be given at the time it is personally delivered to the recipient. Oral notice shall be deemed to have been given at the time it is communicated, in person or by telephone including a voice messaging system or by electronic
transmission, to the recipient or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the receiver.

SECTION 12. CONTENTS OF NOTICE
Notice of meetings not herein dispensed with shall specify the place, day and hour of the meeting.

The purpose of any board meeting need not be specified in the notice.

SECTION 13. WAIVER OF NOTICE AND CONSENT TO HOLDING MEETINGS Notice of a meeting need not be given to any director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such director. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings.

SECTION 14. QUORUM FOR MEETINGS
A majority of directors shall constitute a quorum of the Board for the transaction of business, except to adjourn as provided in herein. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board, unless a greater number be required by law or by the Articles, except as provided in the next sentence. A meeting at which a quorum is initially present may continue to transact business notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for such meeting or such greater percentage as may be required by law, or the Articles of Incorporation or Bylaws of this corporation.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 6 of 16 SECTION 15. ADJOURNMENT
A majority of the directors present, whether or not a quorum is present, may adjourn any directors’ meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of an adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Otherwise, notice of the time and place of holding an adjourned meeting need not be given to absent directors if the time and place be fixed at the meetings adjourned.

SECTION 16. MEETING BY ELECTRONIC CONFERENCE
Participation in any meeting of the Board of Directors or a committee of the Board by means of conference telephone or any means of communication by which all persons participating in the meeting are able to hear one another shall constitute presence in person at the meeting.

SECTION 17. CONDUCT OF MEETINGS
Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, by the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting.

SECTION 18. ACTION WITHOUT MEETING
Any action required or permitted to be taken by the Board may be taken without a meeting (i.e. via email) if all (100%) of all the members of the Board shall individually or collectively consent in writing to such action. Such consent or consents shall have the same effect as a unanimous vote of the Board and shall be filed with the minutes of the proceedings of the Board.

1. Any action taken by electronic vote must be preceded by an open discussion among all board members prior to any votes being cast.

2. A board decision made by electronic vote must be unanimous among all installed directors (except when a director must recuse him/herself due to conflict of interest or loyalty).

3. If a board member expresses concerns or requests additional discussion about the presented motion, the vote will be deferred until a meeting can be held in-person (or via telephone/video conference).

Such written consent or consents shall be filed with the minutes of the proceedings of the board. Such action by written consent shall have the same force and effect as the unanimous vote of the directors.

Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the Bylaws of this corporation authorize the directors to so act, and such statement shall be prima facie evidence of such authority.

SECTION 19. EMERGENCY PROVISIONS
During any emergency resulting from an attack on the United States or on a locality in which the corporation conducts its activities or customarily holds meetings of its board, or during any nuclear or atomic disaster, or during the existence of any catastrophe, or other similar emergency condition, as a result of which a quorum of the Board or of the Executive Committee, if any, cannot readily be convened for action, a meeting of the Board or of said committee may be called by any officer or director. Such notice need be given only to such of the directors or members of the committee, as the case may be, as it may be feasible to reach at the time and by such means as may be feasible at the time including, without limitation, publication or radio.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 7 of 16 The director or directors in attendance at the meeting of the Board, and the members of the Executive Committee, if any, in attendance at the meeting of the committee, shall constitute a quorum. If none is in attendance at the meeting, the officers or other persons designated on a list approved by the Board before such emergency, all in such order of priority and subject to such conditions and for such period of time (not longer than reasonably necessary after the termination of the emergency) as may be provided in the resolution approving the list, shall, to the extent required to provide a quorum at any meeting of the Board or of the Executive Committee, be deemed directors or members of the committee, as the case may be, for such meeting.

The Board, either before or during any such emergency, may provide, and from time to time modify, lines of succession in the event that during such emergency any or all officers or agents of the corporation shall for any reason be rendered incapable of discharging their duties. The Board, either before or during any such emergency, may effective in the emergency, change the principal office or designate several alternative offices or authorize the officers so to do.

SECTION 20. VACANCIES
Subject to the provisions of the California Nonprofit Public Benefit Corporation Law, any director may resign effective upon giving written notice to the Chair of the Board, the President, or the Secretary of the Board, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be selected before such time, to take office when the resignation becomes effective.

Vacancy or vacancies on the Board shall be deemed to exist in case of the death, resignation or removal of any director, or if the authorized number of directors is increased.

The Board may declare vacant the office of a director who has been declared of unsound mind by a final order of court, or convicted of a felony, or found by a final order or judgment of any court to have breached any duty arising under Article 3 of the California Nonprofit Public Benefit Corporation Law.

No director may resign if the corporation would then be left without a duly elected director or directors in charge of its affairs, except upon notice to the Attorney General.

Vacancies on the board may be filled by approval of the board or, if the number of directors then in office is less than a quorum, by (1) the unanimous written consent of the directors then in office, (2) the affirmative vote of a majority of the directors then in office at a meeting held pursuant to notice or waivers of notice complying with this Article of these Bylaws, or (3) a sole remaining director.

A person elected to fill a vacancy as provided by this Section shall hold office until the next annual election of the Board of Directors or until his or her death, resignation or removal from office.

No reduction of the authorized number of directors shall have the effect of removing any director prior to the expiration of the director’s term of office.

SECTION 21. PARTICIPATION IN MEETING BY BOARD MEMBERS.

Failure of a director to attend at least fifty percent (50%) of a combination of the regular scheduled meetings of the board and the committees on which each board member is assigned in any six month period shall cause said member to be deemed as inactive and same shall be treated as a voluntary resignation from the board.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 8 of 16 SECTION 22. NON-LIABILITY OF DIRECTORS
A person who performs the duties of a director in accordance with the above shall have no liability based upon any failure or alleged failure to discharge that person's obligations as a director, including, without limiting the generality of the foregoing, any actions or omissions which exceed or defeat a public or charitable purpose to which the corporation, or assets held by it, are dedicated; except if a person has a financial interest, directly or indirectly, through business, investment, or family.

ARTICLE 6
Indemnification
SECTION 1. DEFINITIONS
For the purposes of this Article 6, “agent” means any person who is or was a director, officer, employee or other agent of the corporation, or is or was serving at the request of the corporation, as a partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation; “proceeding” means any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative; and “expenses” includes without limitation attorneys’ fees and any expenses of establishing a right to indemnification under Section 4 or 5(b) of this Article 6.

SECTION 2. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES
The Corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding, (other than an action by or in the right of the corporation to procure a judgment in its favor, an action brought under the California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust) by reason of the fact that such person is or was an agent of the corporation, against expenses, judgments, fines, settlements and other amounts actually and reasonable incurred in connection with such proceedings if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the corporation or that the person had reasonable cause to believe that the person’s conduct was unlawful.

SECTION 3. INDEMNIFICATION IN ACTIONS BY OR IN THE RIGHT OF THE CORPORATION The corporation shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action by or in the right of the corporation, or brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the corporation, against expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith, in a manner such person believed to be in the best interests of the corporation and with such case, including reasonable inquiry as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section:

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 9 of 16 (a) In respect of any claim, issue or matter as to which such person shall have been adjudged to be liable to the corporation in the performance of such person’s duty to the corporation, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for the expenses which such court shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or
(c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General.

SECTION 4. INDEMNIFICATION AGAINST EXPENSES
To the extent that an agent of the corporation has been successful on the merits in defense of any proceeding referred to in Sections 2 or 3 of this Article 6 or in defense of any claim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith.

SECTION 5. REQUIRED DETERMINATIONS
Except as provided in Section 4 of this Article 6 any indemnification under this Article 6 shall be made by the corporation only if authorized in the specific case, upon a determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 2 or 3 of this Article 6, by; (a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or (b) The court in which such proceeding is or was pending upon application made by the corporation or the agent or the attorney or other person rendering services in connection with the defense, whether or not such application by the agent, attorney or other person is opposed by the corporation.

SECTION 6. ADVANCE OF EXPENSES
Expenses incurred in defending any proceeding may be advanced by the corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in this Article 6.

SECTION 7. OTHER INDEMNIFICATION
No provision made by the corporation to indemnify it or its subsidiary’s directors or officers for the defense of any proceeding, whether contained in the Articles, Bylaws, a resolution of members or directors, an agreement or otherwise, shall be valid unless consistent with this Article 6. Nothing contained in this Article 6 shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise.

SECTION 8. FORMS OF INDEMNIFICATION NOT PERMITTED
No indemnification or advance shall be made under this Article 6, except as provided in Sections 4 or 5(b), in any circumstances where it appears:
(a) That it would be inconsistent with a provision of the Articles, these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or other amounts were paid, which prohibits or otherwise limits indemnification; or
(b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 10 of 16 SECTION 9. INSURANCE
The Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of the corporation (including a director, officer, employee or other agent of the corporation) against any liability other than for violating provisions of law relating to selfdealing (Section 5233 of the California Nonprofit Public Benefit Corporation Law) asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the provisions of Section 5238 of the California Nonprofit Public Benefit Corporation Law.

SECTION 10. NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS This Article 6 does not apply to any proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in such person’s capacity as such, even though such person may also be an agent of the corporation as defined in Section 1 of this Article 6. The corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by the California General Corporation Law.

ARTICLE 7

OFFICERS
SECTION 1. NUMBER OF OFFICERS
The officers of the corporation shall be a Chair, a President (if the Board shall determine that the President shall be a separate person from the Chair), one or more Vice Presidents, a Secretary and a Treasurer. The corporation may also have, at the discretion of the Board, one or more Assistant Secretaries, one or more Assistant Treasurers, and such other officers as may be elected or appointed in accordance with the provisions of Section 3 of this Article 7. Any number of offices may be held by the same person except as provided in these Bylaws and except that neither the Secretary nor the Treasurer may serve concurrently as Chair or President. Unless and until such time as the Board may determine that the President shall be a separate person from the Chair, the term "President" as it appears in these Bylaws shall be deemed to mean the Chair.

SECTION 2. QUALIFICATION, ELECTION, AND TERM OF OFFICE
The officers of the corporation, except such officers as may be elected or appointed in accordance with the provisions of Section 3 or Section 5 of this Article 7, shall be chosen annually by, and shall serve at the pleasure of, the Board, and shall hold their respective offices until their resignations, removal, or other disqualification from service, or until their respective successors shall be elected.

SECTION 3. SUBORDINATE OFFICERS
The Board may elect, and may empower the President to appoint, such other officers as the business of the corporation may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in these Bylaws or as the Board may from time to time determine.

SECTION 4. REMOVAL AND RESIGNATION
Any officer may be removed, either with or without cause, by a majority vote of the Board of Directors, at any time or, in the case of an officer chosen by the Board, by any officer upon whom such power of removal may be conferred by the Board.

Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation, but without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

5Cities Homeless Coalition Bylaws Amended July 19 2021 Page 11 of 16 SECTION 5. VACANCIES
Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors as they occur and not on an annual basis. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the board may or may not be filled as the board shall determine.

SECTION 6. DUTIES OF PRESIDENT
If the Chair of the Board is not determined by the Board to be a different person from the President, the President shall act as the Chair of the Board and shall be the general manager and chief executive officer of the corporation and has, subject to the control of the Board, general supervision, direction and control of the business and officers of the corporation.

Except as otherwise expressly provided by law, by the Articles of Incorporation, or by these Bylaws, he or she shall, in the name of the corporation, execute such deeds, mortgages, bonds, contracts, checks, or other instruments which may from time to time be authorized by the Board of Directors.

SECTION 7. DUTIES OF VICE PRESIDENT
In the absence or disability of the President, the Vice President, if any be appointed, in order of their rank as fixed by the Board, or, if not ranked, the Vice President designated by the Board, shall perform all the duties of the President and, when so acting, shall have all the powers of, and be subject to all the restrictions upon, the President. The Vice President shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board.

SECTION 8. DUTIES OF SECRETARY
The Secretary shall keep or cause to be kept, at the principal office or such other place as the Board may order, a book of minutes of all meetings of the Board and its committees, with the time and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at Board and committee meetings, and the proceedings thereof.

The Secretary shall keep, or cause to be kept, at the principal office in the State of California the original or a copy of the corporation’s Articles and Bylaws, as amended to date.

The Secretary shall give, or cause to be given, notice of all meetings of the Board and any committees thereof required by these Bylaws or by law to be given, shall keep the seal of the corporation in safe custody, and shall have such other powers and perform such other duties as may be prescribed by the Board.

SECTION 9. DUTIES OF TREASURER
The Treasurer is the chief financial officer of the corporation and shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the corporation. The books of account shall at all times be open to inspection by any director.

The Treasurer shall deposit all monies and other valuables in the name and to the credit of the corporation with such depositories as may be designated by the Board. The Treasurer shall disburse the funds of the corporation as may be ordered by the Board, shall render to the President and the directors, whenever they request it, an account of all transactions as Treasurer and of the financial condition of the corporation, and shall have such other powers and perform such other duties as may be prescribed by the Board.