Agenda packet — Arroyo Grande City Council, April 25, 2023 (part 1 of 2)

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, April 25, 2023, 6:00 p.m.

In person at:

Arroyo Grande City Council Chambers
215 E. Branch Street, Arroyo Grande, CA 93420
AND via Zoom at:
https://us02web.zoom.us/j/86752345420
Please click the link above to join the Zoom Meeting:

Webinar ID: 867 5234 5420
Or by Telephone: 1-669-900-6833; 1-346-248-7799
This City Council meeting is being conducted in a hybrid in-person/virtual format. Members of the public may participate and provide public comment on agenda items during the meeting in person at the location identified above, by joining the Zoom meeting, or by submitting written public comments to the Clerk of the Council at [email protected]. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org.

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

5. AGENDA REVIEW

5.a Closed Session Announcements
None.

5.b Ordinances read in title only
None.

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Declaring May as National Foster Care Month

6.b Honorary Proclamation Recognizing May 7-13, 2023 as National Travel and Tourism Week

6.c Honorary Proclamation Declaring May 7-13, 2023 as Public Service Recognition Week

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

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

7. CITY COUNCIL REPORTS

7.a MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

2. Central Cost Blue Regional Recycled Water Authority Board

3. San Luis Obispo County Mayor's Meeting

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

5. Other

7.b MAYOR PRO TEM BARNEICH:

1. Audit Committee

2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

7.c COUNCIL MEMBER GEORGE:

1. Five Cities Fire Authority

2. Tourism Business Improvement District Advisory Board

3. Visit SLO CAL Advisory Board

4. Other

7.d COUNCIL MEMBER GUTHRIE:

1. County Water Resources Advisory Committee (WRAC)
Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT)

2. 3. Integrated Waste Management Authority Board (IWMA)

4. REACH Economic Development Roundtable

5. Other

7.e COUNCIL MEMBER SECREST:

1. Air Pollution Control District (APCD)

2. South County Chambers of Commerce Arroyo Grande Business Meeting

3. South County Chambers of Commerce Governmental Affairs Committee

4. Other

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

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comment.

Click the link below to join the webinar: https://us02web.zoom.us/j/86752345420; Webinar ID: 867 5234 5420
•
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Press * 9 to “raise hand” for public comment
•
The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you. • It may be the desire of the Council to place your issue or matter on a future Council agenda.

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

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

9.a Consideration of Cash Disbursement Ratification
(VALENTINE)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of March 16 through March 31, 2023. 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.b Approval of Minutes
(MATSON)
Recommended Action:

Approve the minutes of the Regular City Council Meetings of March 28, 2023 and April 11, 2023, as submitted.

9.c Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
(McDONALD)
Recommended Action:
1) Adopt a Resolution declaring a continued local emergency related to the ongoing storm

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events, beginning in December 2022 and continuing through the present. 2) Make findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the continued declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.d Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04 (ROBESON)
Recommended Action:
1) Accept the project improvements as constructed by Raminha Construction, Inc. in accordance with the plans and specifications for the Oak Park Boulevard Drainage Repairs Project, PW 2020-04; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed.

9.e Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee Wilson Electric Company
(ROBESON)
Recommended Action:
1) Approve a 2-year agreement with Lee Wilson Electric Company for traffic signal maintenance with the option of two (2) 2-year extensions; and 2) Determine that approving an agreement for traffic signal maintenance is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the repair, maintenance, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features, among others, where the project involves negligible or no expansion of existing or former use(State CEQA Guidelines, § 15301), and further finds that none of the exceptions set forth in State CEQA Guidelines section 15300.2 apply.

9.f Consideration of a Purchase Order for (1) New Air Compressor; and Declaration of PW-243 - 1989 Air Compressor as Surplus
(ROBESON)
Recommended Action:
1) Approve a purchase order for the purchase of a new air compressor and find that the Purchase Order for the specific equipment is unique because of its quality, durability, availability and fitness for the contemplated use; 2) Declare PW-243 - 1989 Air Compressor as surplus; 3) Determine that approving a purchase order for a new air compressor is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.g Monthly Water Supply and Demand Update
(ROBESON)
Recommended Action:

Receive and file the Monthly Water Supply and Demand Update.

10. PUBLIC HEARINGS
None.

11. OLD BUSINESS

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11.a Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a Potential Contract for Fire and Emergency Response Services with the OCSD, and Receive and File the FCFA Final Organizational Assessment Report completed by Baker Tilly (McDONALD)
Recommended Action:
1) Consider and provide direction regarding the draft Amended and Restated Joint Powers Agreement for the Five Cities Fire Authority; 2) Discuss and provide direction regarding preferred terms for a potential contract for service between the FCFA and the OCSD for future fire and emergency response service past June 30, 2023; and 3) Receive and file the final report from Baker Tilly providing an organizational assessment of the FCFA.

12. NEW BUSINESS

12.a Discussion of Preschool and Child Care Programs Offered through the Recreation Services Department and the Mark M. Millis Community Center (BOHLKEN)
Recommended Action:

Consider and review the preschool and child care programs offered through the City’s Recreation Services Department and the status of the Mark M. Millis Community Center, and provide direction to staff to phase out its existing child care programs by the fall of 2023.

12.b Consideration of Annual Report, Adoption of Resolution of Intention to Levy Annual Assessments for the AGTBID; Consideration of Alternatives for Future of AGTBID (McDONALD)
Recommended Action:
1) Receive and approve the Annual Report; 2) Adopt a Resolution of Intention to levy and collect assessments within the Arroyo Grande Tourism Business Improvement District (AGTBID) area for Fiscal Year 2023-24, or provide direction to staff regarding AGTBID alternatives, including but not limited to the possibility of the disestablishment of the AGTBID and winding up of its affairs in accordance with applicable State law; 3) If the Resolution of Intention to levy and collect assessments within the AGTBID area for Fiscal Year 2023-24 is adopted, set the date for a public hearing for May 23, 2023, in accordance with Streets and Highways Code Section 36534; and 4) Determine that approving the annual report and adopting a resolution of intention to levy and collect assessments, or alternatively providing other direction to City staff on the future of AGTBID, is not subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.).

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

14. ADJOURNMENT

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

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

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

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Item 6.a.

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Item 6.b.

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Item 6.c.

Item 9.a.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Cash Disbursement Ratification DATE: April 25, 2023
SUMMARY OF ACTION:

Review and ratify cash disbursements.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $2,236,111.17 fiscal impact that includes the following items:
 Accounts Payable Checks $1,845,066.89
 Payroll & Benefit Checks $391,044.28
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of March 16 through March 31, 2023. 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND:

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

ANALYSIS OF ISSUES:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2022-23 budget.

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Item 9.a.

City Council
Consideration of Cash Disbursement Ratification
April 25, 2023

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ALTERNATIVES:

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

1. Approve staff’s recommendation;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

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

DISADVANTAGES:

There are no disadvantages identified in this recommendation.

ENVIRONMENTAL REVIEW:

Ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. March 16 – March 31, 2023 – Accounts Payable Check Register

2. March 24, 2023 – Payroll and Benefit Check Registers

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CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name1 03/17/2023 296893 $ 30.00 WATER SAMPLE-HIGH SCHOOL 640.4710.5310 ABALONE COAST ANALYTICAL INC2 03/17/2023 296894 70.00 REFUND QUILTING CLASS 010.0000.4605 BARB ADMANS3 03/17/2023 296895 750.00 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC4 03/17/2023 296895 2,780.00 FEBRUARY 2023 CABLECASTING 010.4002.5330 AGP VIDEO, INC5 03/17/2023 296896 111.62 OFFICE SUPPLIES 010.4001.5201 AMAZON CAPITAL SERVICES6 03/17/2023 296896 158.77 OFFICE SUPPLIES 010.4002.5201 AMAZON CAPITAL SERVICES7 03/17/2023 296897 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 KAYELA ANDERSON8 03/17/2023 296897 96.00 REFUND PARK RENTAL LESS ADMIN 010.0000.4354 KAYELA ANDERSON 9 03/17/2023 296898 22,122.75 QTR 3 FY 22/23 ANIMAL SERVICES CONTRACT 010.4201.5321 ANIMAL SERVICES10 03/17/2023 296899 139.07 COMM MAINT-REPLACE CHANNEL SWITCH 010.4204.5606 APPLIED TECHNOLOGY GROUP INC 11 03/17/2023 296899 167.92 03/23 COMM MAINT AGREEMENT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC 12 03/17/2023 296900 51.87 PURCHASE WATER METERS FOR FY 2022/23 640.4712.5207 AQUA-METRIC SALES CO(DBA)13 03/17/2023 296901 14.02 BLDG. MAINTENANCE UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES14 03/17/2023 296901 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES15 03/17/2023 296901 7.02 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES16 03/17/2023 296901 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES17 03/17/2023 296901 31.82 PARKS DEPARTMENT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES18 03/17/2023 296901 14.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES19 03/17/2023 296901 28.00 STREET DEPARTMENT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES20 03/17/2023 296901 15.00 SEWER DEPARTMENT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES21 03/17/2023 296901 48.88 WATER DEPARTMENT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES22 03/17/2023 296902 9.80 PARKS DEPT MATS & MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES23 03/17/2023 296903 22.82 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T24 03/17/2023 296904 130.48 03/23 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC25 03/17/2023 296905 275.88 P17 IGNITION COIL ASSEMBLY, APRL PLUG 010.4420.5601 BACK ON THE ROAD AUTOMOBILE26 03/17/2023 296905 476.65 PD-4605 BRAKES-REAR ROTORS 010.4203.5601 BACK ON THE ROAD AUTOMOBILE27 03/17/2023 296906 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 TERI BAYUS28 03/17/2023 296907 100.00 BUSINESS & CAREER CLASS 010.4424.5351 JAMIE BECK 29 03/17/2023 296908 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 ASHLEY BEENE 30 03/17/2023 296909 2,000.38 PATROL SUPPLIES-NITRILE GLOVES 010.4203.5255 BOUND TREE MEDICAL, LLC31 03/17/2023 296910 500.00 JANITORIAL SERVICES FOR AGPD 010.4201.5615 BRENDLER JANITORIAL SERVICE32 03/17/2023 296910 1,135.00 JANITORIAL SERVICES FOR MULTIPLE CITY BUILDINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE33 03/17/2023 296910 450.00 WOMENS CLUB-EXTRA CLEANINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE34 03/17/2023 296911 53.77 SAFETY GLASSES 220.4303.5255 BRISCO MILL & LUMBER YARD 35 03/17/2023 296911 56.02 PW-50 BOARD 640.4712.5601 BRISCO MILL & LUMBER YARD36 03/17/2023 296911 2.05 RES #2 PARTS 640.4712.5609 BRISCO MILL & LUMBER YARD37 03/17/2023 296912 743.60 CMC 02/23 MONTHLY CHARGE 220.4303.5303 CA ST DEPT OF CORRECTIONS38 03/17/2023 296913 225.00 SERVICE CALL-01/13/23 010.4213.5303 CAME SECURITY ALARMS

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CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name39 03/17/2023 296914 $ 19.26 PW-51 PARTS 612.4610.5601 CARQUEST AUTO PARTS40 03/17/2023 296914 18.62 PW-140 K-SEAL 612.4610.5603 CARQUEST AUTO PARTS41 03/17/2023 296914 144.92 PW-140 FILTERS, COOLANT, PARTS 612.4610.5603 CARQUEST AUTO PARTS42 03/17/2023 296915 65.00 02/23 JIUJITSU REIMBURSEMENT 010.4203.5501 JASON CASTILLO43 03/17/2023 296916 2,895.00 REPLACE FENCE AT 251 EAST GRANDE 350.5797.7001 CENTRAL COAST FENCE, INC 44 03/17/2023 296917 199.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS45 03/17/2023 296918 58.14 REIMBURSEMENT FOR KITCHEN SUPPLIES 010.4201.5201 RAUL CHAVEZ46 03/17/2023 296919 400.00 01/23 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF47 03/17/2023 296920 1,583.01 LAW ENFORCEMENT WELLNESS APP 010.4201.5303 CORDICO INC 48 03/17/2023 296921 48.27 FAIR OAKS WATER MAIN PLAN SET 640.4710.5306 CRISP IMAGING49 03/17/2023 296922 1,160.00 TAI CHI WINTER SESSION 1 010.4424.5351 SHIRLEY J CROSS 50 03/17/2023 296923 24,800.00 OTS GRANT EQUIPMENT MAINTENANCE 010.4210.5303 CROSSROADS SOFTWARE INC51 03/17/2023 296923 69,600.00 OTS GRANT EQUIPMENT, SOFTWARE, MAINTENANCE 010.4210.5702 CROSSROADS SOFTWARE INC52 03/17/2023 296924 368.63 KYOCERA COPIER LEASE PYMT 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS 53 03/17/2023 296925 616.00 ROLLER SKATE CLASS WINTER SESSION 010.4424.5351 DOOMSDAY SKATE LLC 54 03/17/2023 296926 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 EMESE DOWNING55 03/17/2023 296926 50.00 PARK RENTAL REFUND LESS ADMIN 010.0000.4354 EMESE DOWNING56 03/17/2023 296927 450.00 REFUND ADULT BASKETBALL SPONSOR 010.0000.4606 GEORGE ELLIS 57 03/17/2023 296928 3,800.00 NIXLE RENEWAL 03/23-03/24 010.4201.5303 EVERBRIDGE INC58 03/17/2023 296929 50.61 POISON OAK SCRUB, CLEANER, SPRAY 010.4420.5605 FARM SUPPLY CO59 03/17/2023 296929 215.49 SOTO-LITTLE GIANT SUMP PUMP 010.4430.5605 FARM SUPPLY CO60 03/17/2023 296930 89.83 FED EX DOCUMENTS 010.4145.5208 FEDEX61 03/17/2023 296931 96.00 PD-4606 TIRE MOUNT, BALANCE, D 010.4203.5601 FIGUEROA'S TIRES62 03/17/2023 296932 612.50 SWINGING BRIDGE RETROFIT PROJECT 350.5620.7301 FILIPPIN ENGINEERING63 03/17/2023 296933 40.00 REFUND-DOGGIE AGILITY 010.0000.4605 SANDY FREDERICKS64 03/17/2023 296934 41,034.45 2022 PEDESTRIAN XING IMPROVEMENTS-CONSTRUCTION 350.5607.7001 G. SOSA CONSTRUCTION INC65 03/17/2023 296934 18,902.71 2022 PEDESTRIAN XING IMPROVEMENTS-CONTINGENCIES 350.5607.7201 G. SOSA CONSTRUCTION INC66 03/17/2023 296935 100.00 FLOWERS-OFFICER CORRAL 010.4101.5504 GRAND BOUQUET67 03/17/2023 296935 102.31 FLOWERS-COMMANDER AYALA 010.4101.5504 GRAND BOUQUET68 03/17/2023 296936 2,877.54 PREPARATION OF THE NCMA 2022 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS 69 03/17/2023 296937 137.98 PW-51 (2) 8" HOSE CLAMPS 612.4610.5603 HAAKER EQUIPMENT, INC 70 03/17/2023 296938 213.29 TUITION REIMBURSEMENT 010.4201.5502 BRADLEY HOGAN71 03/17/2023 296939 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 DANNY HORN72 03/17/2023 296940 200.00 WASHING MACHINE REBATE 226.4306.5554 ROBERT E HOWELLS73 03/17/2023 296941 100.00 REFUND SOCCER 010.0000.4605 JENNY HU74 03/17/2023 296942 173.37 FUEL 010.4203.5608 JB DEWAR, INC75 03/17/2023 296943 227.50 INSTALL NEW TIMER-KINGO PARK F 010.4420.5303 JD ELECTRIC76 03/17/2023 296944 4,200.00 ORO PARK TREE REMOVAL 010.4420.5303 JTS INC

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CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name77 03/17/2023 296944 $ 4,700.00 EMERGENCY TREE REMOVAL-BRANCH 220.4303.5303 JTS INC78 03/17/2023 296945 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KELSEY MASATANI79 03/17/2023 296946 143.33 WELDING SUPPLIES 220.4303.5255 MATHESON TRI-GAS INC80 03/17/2023 296946 10.56 MS NOZZLE 7/16 LONG ALUM 10N47 220.4303.5255 MATHESON TRI-GAS INC81 03/17/2023 296947 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MAYRA MENDOZA82 03/17/2023 296947 44.00 REFUND JUNGLE DANCE PARTY 010.0000.4607 MAYRA MENDOZA83 03/17/2023 296948 291.75 (4) MANHOLE GRADE RINGS 612.4610.5610 MID STATE CONCRETE PROD LLC84 03/17/2023 296949 150.85 1/3 CU YD CONCRETE IN/OUT SVC 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS 85 03/17/2023 296949 150.85 1/3 CU YD CONCRETE ASH ST 640.4712.5610 MIER BROS LANDSCAPE PRODUCTS 86 03/17/2023 296950 58.55 KICKDOWN, BIT HOLDER, MAG DRIVER 010.4213.5273 MINER'S ACE HARDWARE, INC87 03/17/2023 296950 166.55 EPOXYSHIELD, CONTRACTOR 1ST 010.4213.5604 MINER'S ACE HARDWARE, INC88 03/17/2023 296950 118.51 FLEX SEAL LIQUID 010.4213.5604 MINER'S ACE HARDWARE, INC89 03/17/2023 296950 28.82 WET PATCH, RUBBER SHEET 010.4213.5604 MINER'S ACE HARDWARE, INC90 03/17/2023 296950 5.58 VINYL TUBE 010.4213.5604 MINER'S ACE HARDWARE, INC91 03/17/2023 296950 53.79 PAINT BRUSH, TAPE, GOOD ROLLER 010.4420.5605 MINER'S ACE HARDWARE, INC92 03/17/2023 296950 233.31 ROLLER FRAME, GOOD ROLLER, LINER 010.4420.5605 MINER'S ACE HARDWARE, INC93 03/17/2023 296950 17.22 TRAY LINERS, PAINT BRUSH 010.4420.5605 MINER'S ACE HARDWARE, INC94 03/17/2023 296950 9.69 FLUSH LEVER 010.4420.5605 MINER'S ACE HARDWARE, INC95 03/17/2023 296950 19.56 LOCK ENTRY - SOTO 010.4430.5605 MINER'S ACE HARDWARE, INC96 03/17/2023 296950 10.76 ACE GLOVES 3 PACK 220.4303.5255 MINER'S ACE HARDWARE, INC97 03/17/2023 296950 29.06 CAULKGUN PISTON, LIQUID NAIL GUN 220.4303.5613 MINER'S ACE HARDWARE, INC98 03/17/2023 296950 10.76 EXTENSION CORD 640.4712.5255 MINER'S ACE HARDWARE, INC99 03/17/2023 296950 8.14 PATROL SUPPLIES-FASTENERS 010.4203.5255 MINER'S ACE HARDWARE, INC100 03/17/2023 296950 12.91 FLEET MAINT-WHITE SPRAYPAINT 010.4203.5601 MINER'S ACE HARDWARE, INC101 03/17/2023 296951 308.09 COMMUNICATIONS-MOTOR RADIO REPAIR 010.4204.5606 NICK'S TELECOM (DBA)102 03/17/2023 296952 36.64 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC103 03/17/2023 296952 22.60 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC104 03/17/2023 296952 200.07 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC105 03/17/2023 296953 152.39 COPIER MAINT AGREEMENT OVERAGE 010.4204.5602 OFFICE1106 03/17/2023 296954 246.74 02/23 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA107 03/17/2023 296954 522.70 MOVING K RAILS 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA108 03/17/2023 296955 29.00 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS109 03/17/2023 296955 447.00 UNIFORM CLEANING-PD PATROL SERVICES 010.4203.5303 PARAMOUNT CLEANERS110 03/17/2023 296955 19.00 UNIFORM CLEANING-PD SUPPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS111 03/17/2023 296956 21,993.75 2022 STREET REPAIRS-PROJECT AD 350.5638.7501 PAVEMENT ENGINEERING INC112 03/17/2023 296957 119.95 03/23 WIFI SVC HUBNER SITE 010.4201.5403 PEAKWIFI LLC 113 03/17/2023 296958 65.00 REFUND DOGGIE CLASS 010.0000.4605 MOLLY PHELAN114 03/17/2023 296959 200.00 01/23 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP

Page 14 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name115 03/17/2023 296960 $ 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 STEPHEN POTTER116 03/17/2023 296961 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CINTHYA ALCANTAR ROJAS117 03/17/2023 296962 7,200.00 STREET SWEEPING JAN-JUN 2023 220.4303.5303 SCA118 03/17/2023 296962 2,700.00 STREET SWEEPING JAN-JUN 2023 010.4307.5303 SCA119 03/17/2023 296963 800.00 APCD PERMITS FOR CORP YARD ENGINES 612.4610.5303 SLO COUNTY AIR POLLUTION120 03/17/2023 296963 131.04 APCD PERMITS FOR CORP YARD ENGINES 640.4710.5303 SLO COUNTY AIR POLLUTION121 03/17/2023 296963 931.04 APCD PERMITS FOR PUMP STATIONS 640.4710.5303 SLO COUNTY AIR POLLUTION122 03/17/2023 296964 89.00 01/23 PARKING CITATION REV DIST 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER123 03/17/2023 296965 225,920.00 FY22/23 CONTRACT FOR DISPATCH 010.4201.5303 SLO COUNTY SHERIFF'S DEPT 124 03/17/2023 296966 469.47 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGAS125 03/17/2023 296966 14.79 GAS SERVICES-350 S ELM 010.4145.5401 SOCALGAS126 03/17/2023 296966 369.45 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS127 03/17/2023 296967 1,410.30 286 TALLEY HO STORM RELATED DEBRIS REMOVAL 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC128 03/17/2023 296967 1,221.80 300 TALLEY HO STORM RELATED DEBRIS REMOVAL 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC129 03/17/2023 296968 80.94 SLOAN A41A DIA KIT REGAL (2) 010.4213.5604 STREATOR PIPE & SUPPLY130 03/17/2023 296969 68.00 LEGAL AD - BLDG CODE 010.4002.5301 THE MCCLATCHY COMPANY LLC131 03/17/2023 296969 86.70 LEGAL AD - CC PH NOTICE CDBG 010.4002.5301 THE MCCLATCHY COMPANY LLC132 03/17/2023 296970 25.00 UNIFORMS-NEW HIRE TRAINING SHIRTS 010.4203.5272 THE TOP SHOP133 03/17/2023 296971 90.00 REFUND-ADULT BASKETBALL 010.0000.4606 JOSEPH TILLEY 134 03/17/2023 296972 405.51 STOP/SLOW PADDLE EXT, ROAD CLOSED 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS135 03/17/2023 296973 102.41 COPY MACHINE MAINTENANCE 2/01/23 - 2/28/23 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)136 03/17/2023 296974 408.20 PAYROLL FOR:W/E 2/26 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.137 03/17/2023 296974 250.87 PAYROLL FOR: W/E 03/05 OFFICE ASSISTANT 612.4610.5303 UNITED STAFFING ASSOC.138 03/17/2023 296974 250.88 PAYROLL FOR: W/E 03/05 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.139 03/17/2023 296974 408.21 PAYROLL FOR:W/E 2/26 OFFICE ASSISTANT 640.4710.5303 UNITED STAFFING ASSOC.140 03/17/2023 296975 949.59 LIFT STN #7 LEVEL TRANSMITTER 612.4610.5610 USA BLUE BOOK141 03/17/2023 296976 73.50 DOCUMENT SHREDDING SVC 010.4201.5303 VITAL RECORDS CONTROL142 03/17/2023 296977 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SEAN WARNER143 03/17/2023 296978 350.00 COUNCIL CHAMBERS-SNAKE, RESET 010.4213.5303 WATERBOYS PLUMBING144 03/17/2023 296979 564.59 COPY MACHINE LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL145 03/17/2023 296980 4,682.69 04/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP146 03/17/2023 296980 358.87 04/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP147 03/17/2023 296980 602.12 04/23 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP148 03/24/2023 296981 46,283.83 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE149 03/24/2023 296981 52,060.34 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE150 03/24/2023 296981 12,838.96 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE151 03/24/2023 296982 17,645.54 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT152 03/24/2023 296982 2,071.81 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT

Page 15 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name153 03/24/2023 296983 $ 565.60 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT154 03/24/2023 296984 3,732.50 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP155 03/24/2023 296984 12,114.00 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP156 03/24/2023 296984 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP157 03/24/2023 296984 400.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP158 03/24/2023 296984 177.07 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP159 03/24/2023 296985 35,025.75 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT160 03/24/2023 296985 45,410.61 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT161 03/24/2023 296985 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT162 03/24/2023 296985 1,078.83 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT163 03/24/2023 296985 (0.07) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT164 03/24/2023 296986 1,345.94 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA165 03/24/2023 296987 855.00 STORMWATER SAMPLING 010.4301.5303 ABALONE COAST ANALYTICAL INC 166 03/24/2023 296988 74.80 OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES167 03/24/2023 296988 83.74 IT SUPPLIES 010.4140.5303 AMAZON CAPITAL SERVICES168 03/24/2023 296988 158.28 (6) SCOTT CORELESS TP DISPENSERS 010.4213.5604 AMAZON CAPITAL SERVICES169 03/24/2023 296988 53.88 HAND SOAP 010.4213.5604 AMAZON CAPITAL SERVICES170 03/24/2023 296988 75.32 (2) HAND SANITIZER 010.4420.5274 AMAZON CAPITAL SERVICES171 03/24/2023 296988 79.25 OFFICE SUPPLIES 220.4303.5201 AMAZON CAPITAL SERVICES172 03/24/2023 296988 10.76 USB CABLES 220.4303.5201 AMAZON CAPITAL SERVICES173 03/24/2023 296988 376.66 CORETEX TOWELETTES 220.4303.5255 AMAZON CAPITAL SERVICES174 03/24/2023 296988 48.82 FLASHLIGHT BATTERIES 220.4303.5255 AMAZON CAPITAL SERVICES175 03/24/2023 296988 28.77 HAND WARMERS 220.4303.5255 AMAZON CAPITAL SERVICES176 03/24/2023 296988 387.80 SAND BAGS-1000 220.4303.5613 AMAZON CAPITAL SERVICES177 03/24/2023 296988 32.29 PRIVATE PROPERTY SIGNS 220.4303.5613 AMAZON CAPITAL SERVICES178 03/24/2023 296988 453.90 VALLEY FORGE AMERICAN FLAGS 220.4303.5613 AMAZON CAPITAL SERVICES179 03/24/2023 296988 79.26 OFFICE SUPPLIES 612.4610.5201 AMAZON CAPITAL SERVICES180 03/24/2023 296988 226.08 COPY PAPER 010.4102.5201 AMAZON CAPITAL SERVICES181 03/24/2023 296988 1,039.20 OFFICE SUPPLIES 010.4307.5201 AMAZON CAPITAL SERVICES182 03/24/2023 296988 79.25 OFFICE SUPPLIES 010.4307.5201 AMAZON CAPITAL SERVICES183 03/24/2023 296989 265.00 02/23 VILLAGE & ELM PLAYGROUND 010.4420.5601 ARROYO GRANDE IN BLOOM INC184 03/24/2023 296990 16.15 REIMBURSE FOR STAFF APPRECIATION FLOWERS 010.4421.5255 SHERIDAN BOHLKEN185 03/24/2023 296990 12.66 REIMBURSE-ICE FOR VOLUNTEER APPRECIATION EVENT 010.4424.5252 SHERIDAN BOHLKEN186 03/24/2023 296991 28,445.55 BUILDING DEPARTMENT SERVICES 010.4212.5303 BPR CONSULTING GROUP LLC187 03/24/2023 296992 135.00 PEST CONTROL: CITY HALL 010.4213.5303 BREZDEN PEST CONTROL, INC188 03/24/2023 296993 20.80 USB CHARGER, MOUNT 010.4305.5255 CARQUEST AUTO PARTS189 03/24/2023 296993 14.44 PW-140 STARTING FLUID 010.4305.5255 CARQUEST AUTO PARTS190 03/24/2023 296993 27.38 PW-44 BRAKE LIGHT SWITCH 612.4610.5601 CARQUEST AUTO PARTS

Page 16 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name191 03/24/2023 296993 $ 493.65 PW-140 ALTERNATOR, BATTERY 612.4610.5603 CARQUEST AUTO PARTS192 03/24/2023 296993 23.08 WIPER BLADES 640.4712.5601 CARQUEST AUTO PARTS193 03/24/2023 296994 987.20 ACCT#8245100960223598 PD BUSINESS DARK 010.4145.5401 CHARTER COMMUNICATIONS 194 03/24/2023 296994 185.15 ACCT#8245100960223572 PD BUSINESS TV 010.4145.5401 CHARTER COMMUNICATIONS 195 03/24/2023 296994 1,349.00 ACCT#8245100960302509 CITY HALL INTERNET 211.4101.5330 CHARTER COMMUNICATIONS196 03/24/2023 296995 58.63 ACCT#090058901-CITY HALL BUSINESS TV 010.4145.5401 CHARTER COMMUNICATIONS197 03/24/2023 296996 231.00 S/W ASSURANCE CALL RECORDING PER UNIT 010.4140.5303 CIO SOLUTIONS LP198 03/24/2023 296996 4,768.00 03/23 CIO SUPPORT SVCS 010.4140.5303 CIO SOLUTIONS LP199 03/24/2023 296996 1,510.00 03/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP200 03/24/2023 296996 5,362.50 12/22 STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP201 03/24/2023 296996 4,515.00 REMOTE USER-G BUTLER M365 MIGRATION 010.4140.5303 CIO SOLUTIONS LP202 03/24/2023 296996 4,768.00 01/23 CIO SUPPORT SVCS 010.4140.5303 CIO SOLUTIONS LP203 03/24/2023 296996 1,510.00 01/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP204 03/24/2023 296996 917.70 03/23 MICROSOFT 365 G3 GCC 010.4140.5607 CIO SOLUTIONS LP205 03/24/2023 296997 520.00 WATER SAMPLES-DBP 2/22 640.4710.5310 CLINICAL LABORATORY OF206 03/24/2023 296997 560.00 02/23 WATER SAMPLES-BACTI 640.4710.5310 CLINICAL LABORATORY OF207 03/24/2023 296998 1,995.00 S ELM ST RET BASIN 10X6 CHAIN 220.4303.5303 CREATIVE FENCE CO.208 03/24/2023 296999 535.50 WRITING FOR LIFE WINTER SESSION 010.4424.5351 GAYLE CUDDY209 03/24/2023 297000 734.02 ANALYZER CUPS 640.4711.5603 D AND H WATER SYSTEMS INC210 03/24/2023 297001 400.00 02/23 NETBILL MONTHLY MAINTENANCE 640.4710.5303 DATAPROSE LLC211 03/24/2023 297001 468.16 02/23 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC212 03/24/2023 297001 1,690.04 02/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC213 03/24/2023 297001 117.04 02/23 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC214 03/24/2023 297002 7,500.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 DISTANT OAKS CHILDCARE215 03/24/2023 297003 100.00 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4130.5201 FAIR OAKS THEATRE216 03/24/2023 297003 189.89 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4424.5252 FAIR OAKS THEATRE217 03/24/2023 297003 275.11 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4424.5250 FAIR OAKS THEATRE218 03/24/2023 297003 200.00 THEATER RENTAL-VOLUNTEER APPRECIATION 010.4101.5504 FAIR OAKS THEATRE219 03/24/2023 297004 19.38 CAMLOCK 010.4430.5605 FARM SUPPLY CO220 03/24/2023 297005 1,442.77 TRASH CAN LINERS 220.4303.5613 FASTENAL COMPANY221 03/24/2023 297006 132.00 REFUND PARKING FEE-BL23-000087 010.0000.4050 JACQUELINE FERNANDEZ222 03/24/2023 297007 513,015.25 04/23-06/23 CITY'S SHARE OF FCFA COSTS 010.4145.5313 FIVE CITIES FIRE AUTHORITY223 03/24/2023 297007 132,223.50 04/23-06/23 CITY'S SHARE OF FCFA COSTS 218.4101.5313 FIVE CITIES FIRE AUTHORITY224 03/24/2023 297008 1,176.00 SERGER SEWING WINTER SESSION 1 010.4424.5351 MARY JO GABEL 225 03/24/2023 297009 11,200.00 STEAM CLEANING OF VILLAGE SIDEWALKS 220.4303.5303 HOME DETAILING PROFESSIONALS 226 03/24/2023 297010 5,000.00 CASH FOR GRASS REBATE-5000 SQF 226.4306.5554 INVESTEC 227 03/24/2023 297011 50.00 REFUND PARK DEPOSIT 010.0000.2206 KAREN MCCLEARY228 03/24/2023 297011 106.00 PARK RENTAL REFUND 010.0000.4354 KAREN MCCLEARY

Page 17 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name229 03/24/2023 297012 $ 52.78 JIGSAW BLADE, SCREWS 010.4213.5273 MINER'S ACE HARDWARE, INC230 03/24/2023 297012 7.53 TOILET SHIMS 010.4213.5604 MINER'S ACE HARDWARE, INC231 03/24/2023 297012 17.22 TERRY CLEANING CLOTHS 010.4213.5604 MINER'S ACE HARDWARE, INC232 03/24/2023 297012 61.51 BLEACH, GRAPHITE, PLYWOOD 010.4213.5604 MINER'S ACE HARDWARE, INC233 03/24/2023 297012 20.46 AIR GRILLE 010.4213.5604 MINER'S ACE HARDWARE, INC234 03/24/2023 297012 100.18 ROOF SEALANT, TARP, RUBBER PASTE 010.4213.5604 MINER'S ACE HARDWARE, INC235 03/24/2023 297012 56.63 HARDWARE CLOTH, SNIPS, BUCKETS 010.4420.5605 MINER'S ACE HARDWARE, INC236 03/24/2023 297012 12.92 RUBBER MALLET PW-17 010.4420.5605 MINER'S ACE HARDWARE, INC237 03/24/2023 297012 6.11 FASTENERS 010.4420.5605 MINER'S ACE HARDWARE, INC238 03/24/2023 297012 43.88 SOTO-TAPE MEASURE, FUNNELS 010.4430.5605 MINER'S ACE HARDWARE, INC239 03/24/2023 297012 15.21 SOTO-CLEAR CAULK 010.4430.5605 MINER'S ACE HARDWARE, INC240 03/24/2023 297012 2.36 PARKS-SPLIT RINGS 220.4303.5613 MINER'S ACE HARDWARE, INC241 03/24/2023 297013 50.00 REFUND PARK DEPOSIT 010.0000.2206 CAITLIN MONTOYA242 03/24/2023 297013 27.00 REFUND BOUNCE HOUSE FEE 010.0000.4354 CAITLIN MONTOYA243 03/24/2023 297014 700.00 SEWER LIFT STN REPAIRS 612.4610.5610 NVIRO244 03/24/2023 297014 2,033.40 RES#5 VFD REPLACEMENT 640.4712.5610 NVIRO245 03/24/2023 297015 21.53 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC246 03/24/2023 297016 166.23 VACCINATION/IMMUNIZATION-PW 640.4712.5303 PACIFIC CENTRAL COAST HEALTH247 03/24/2023 297017 72.00 REFUND COMM CTR RENTAL 010.0000.4353 SACHI PATEL248 03/24/2023 297017 448.00 REFUND COMM CTR RENTAL LESS AD 010.0000.4655 SACHI PATEL249 03/24/2023 297018 3,577.00 QUILITING-WINTER SESSION 1 010.4424.5351 BARBARA ANN PORTER250 03/24/2023 297019 267.23 CITY OF AG TOTE BAGS 010.4130.5201 PRINTPAL PROMOTIONS & PRINTING251 03/24/2023 297019 324.89 CITY OF AG TOTE BAGS 010.4424.5250 PRINTPAL PROMOTIONS & PRINTING252 03/24/2023 297019 412.00 CITY OF AG TOTE BAGS 010.4101.5504 PRINTPAL PROMOTIONS & PRINTING253 03/24/2023 297020 95.00 ONLINE WORKSHOP 04/05/23-CUSTOMER SERVICE 010.4120.5501 PUBLIC SECTOR EXCELLENCE254 03/24/2023 297021 5.38 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE255 03/24/2023 297022 2,403.38 EGG HUNT-13500 FILLED EGGS 010.4424.5252 RICK'S VENDING256 03/24/2023 297023 5,456.05 VARIABLE FREQUENCY DRIVE 640.4712.5610 ROGERS EQUIPMENT SALES INC257 03/24/2023 297024 50.00 REFUND PARK DEPOSIT 010.0000.2206 ANNE MARIE ROSE258 03/24/2023 297024 50.00 REFUND PARK RENTAL LESS ADMIN 010.0000.4354 ANNE MARIE ROSE259 03/24/2023 297025 40.00 REFUND-MOTHER'S DAY TEA (4) 010.0000.4607 TERESA RUIZ260 03/24/2023 297026 3,500.00 03/23 TBID ADMIN FEE 240.4150.5303 SOUTH COUNTY CHAMBERS261 03/24/2023 297027 231,965.85 02/23 SEWER SVCS COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST262 03/24/2023 297027 8.81 CITY ACCT-215 E BRANCH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST263 03/24/2023 297027 8.81 CITY ACCT-300 E BRANCH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST264 03/24/2023 297027 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST265 03/24/2023 297027 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST266 03/24/2023 297027 8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST

Page 18 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name267 03/24/2023 297027 $ 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 268 03/24/2023 297027 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST269 03/24/2023 297027 8.81 CITY ACCT 203 N RENA ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST270 03/24/2023 297027 8.81 CITY ACCT 1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST271 03/24/2023 297027 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST272 03/24/2023 297027 8.81 CITY ACCT 127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST273 03/24/2023 297027 8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST274 03/24/2023 297028 60.00 REFUND TAI CHI 010.0000.4605 SOZINHO275 03/24/2023 297029 930.00 MAP CHECKING SERVICES 010.4301.5303 TETRA TECH INC276 03/24/2023 297030 254.81 REGIONAL MAYORS MEETING FOOD 010.4001.5501 U.S. BANK277 03/24/2023 297030 1,661.54 LEAGUE OF CA CITIES CONF-LODGING 010.4001.5501 U.S. BANK278 03/24/2023 297030 14.58 MEETING SUPPLIES 010.4002.5201 U.S. BANK279 03/24/2023 297030 500.00 CITY CLERKS ASSOC CONFERENCE REGISTRATION 010.4002.5501 U.S. BANK280 03/24/2023 297030 847.06 LEAGUE OF CA CITIES CONF LODGING 010.4101.5501 U.S. BANK281 03/24/2023 297030 182.10 LEAGUE OF CA CITIES CONF-FOOD 010.4101.5501 U.S. BANK282 03/24/2023 297030 540.86 LEAGUE OF CA CITIES CM CONF-LODGING 010.4101.5501 U.S. BANK283 03/24/2023 297030 83.23 LEAGUE OF CA CITIES CONF-FUEL 010.4101.5501 U.S. BANK284 03/24/2023 297030 35.00 SCCC LUNCHEON-MCDONALD 010.4101.5501 U.S. BANK285 03/24/2023 297030 100.00 SPEC DEPT SUPPLIES-CITY INFOGR 010.4102.5255 U.S. BANK286 03/24/2023 297030 195.00 SPEC DEPT SUPPLIES-CITY STICKE 010.4102.5255 U.S. BANK287 03/24/2023 297030 32.31 OFFICE DEPOT-HEADSET 010.4120.5201 U.S. BANK288 03/24/2023 297030 125.00 CSMFO MEMBERSHIP-HOREJSI 010.4120.5503 U.S. BANK289 03/24/2023 297030 2,025.00 CALCITIES PC ACADEMY REGISTRATION 010.4130.5501 U.S. BANK290 03/24/2023 297030 528.85 ZOOM 010.4140.5303 U.S. BANK291 03/24/2023 297030 276.00 CODETWO EXHCHANGE EMAIL RULE 010.4140.5303 U.S. BANK292 03/24/2023 297030 222.68 REPLACEMENT HARD DRIVES-PD 010.4140.5602 U.S. BANK293 03/24/2023 297030 57.30 AUTHORIZE.NET CC FEES 010.4145.5555 U.S. BANK294 03/24/2023 297030 80.81 OFFICE SUPPLIES 010.4201.5201 U.S. BANK295 03/24/2023 297030 64.63 OFFICE SUPPLIES 010.4201.5201 U.S. BANK296 03/24/2023 297030 125.00 MEMBERSHIP-CCUG 010.4201.5503 U.S. BANK297 03/24/2023 297030 905.79 COMMUNITY OUTREACH-HATS, PATCHES 010.4201.5504 U.S. BANK298 03/24/2023 297030 80.00 PAPA WEBINARS-M ROBLES 010.4420.5501 U.S. BANK299 03/24/2023 297030 150.00 PAPA MEMBERSHIP-R SIMPSON 2 YR 010.4420.5503 U.S. BANK300 03/24/2023 297030 135.00 ISA MEMBERSHIP-M ROBLES 010.4420.5503 U.S. BANK301 03/24/2023 297030 144.22 H&M GOPHER MACHINE PARTS 010.4420.5603 U.S. BANK302 03/24/2023 297030 51.78 OFFICE SUPPLIES, LAMINATING 010.4421.5201 U.S. BANK303 03/24/2023 297030 130.00 STAFF MEETING SUPPLIES-JAFFA CAFÉ 010.4421.5255 U.S. BANK304 03/24/2023 297030 35.00 SCCC LUNCHEON-BOHLKEN 010.4421.5501 U.S. BANK

Page 19 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name305 03/24/2023 297030 $ 1,203.12 CPRS CONFERENCE-LODGING 010.4421.5501 U.S. BANK306 03/24/2023 297030 (119.99) REFUND-CANVA SOFTWARE 010.4421.5504 U.S. BANK307 03/24/2023 297030 515.00 PROMO AD-NEW TIMES 010.4421.5504 U.S. BANK308 03/24/2023 297030 537.20 PRESCHOOL SUPPLIES 010.4423.5253 U.S. BANK309 03/24/2023 297030 283.76 SPECIAL EVENT SUPPLIES-SR DANCE 010.4424.5252 U.S. BANK310 03/24/2023 297030 357.81 VOLUNTEER APPREC. SUPPLIES 010.4424.5252 U.S. BANK311 03/24/2023 297030 488.54 MEET THE MACHINES SUPPLIES 010.4424.5252 U.S. BANK312 03/24/2023 297030 40.86 VALENTINE SOCIAL SUPPLIES 010.4424.5252 U.S. BANK313 03/24/2023 297030 184.36 CLASS SUPPLIES 010.4424.5351 U.S. BANK314 03/24/2023 297030 446.36 CHILDCARE SUPPLIES 010.4425.5255 U.S. BANK315 03/24/2023 297030 (1,500.00) CREDIT FOR DUPLICATE CHRG-WATER FOR BARRICADES 220.4303.5552 U.S. BANK316 03/24/2023 297030 (1,706.25) CREDIT/RETURN-STYLIGHTING BULB 220.4303.5613 U.S. BANK317 03/24/2023 297030 1,476.83 GRANITE-POTHOLE BAGS 220.4303.5613 U.S. BANK318 03/24/2023 297030 49.57 SKY RIVER-PROPANE TANK 220.4303.5613 U.S. BANK 319 03/24/2023 297030 194.16 WALMART-STREET LIGHT BULBS 220.4303.5613 U.S. BANK320 03/24/2023 297030 226.14 PUMP KIT PW-383 612.4610.5603 U.S. BANK321 03/24/2023 297030 74.05 TRAINING LUNCHES 640.4710.5501 U.S. BANK322 03/24/2023 297030 998.00 MANAGEMENT & LEADERSHIP TRAINING 640.4710.5501 U.S. BANK323 03/24/2023 297030 1,066.73 FLASHLIGHTS-OTS GRANT EQUIPMENT 010.4209.5255 U.S. BANK324 03/24/2023 297030 3,517.00 (2) ADJ DESKS, POWER STRIP 010.4307.5201 U.S. BANK325 03/24/2023 297030 10.76 PATROL SUPPLIES-IPAD SCREEN 010.4203.5255 U.S. BANK326 03/24/2023 297030 (719.30) CREDIT RETURN-PATROL EQUIP 010.4203.5272 U.S. BANK327 03/24/2023 297030 18.00 UNIFORMS-ALTERATIONS 010.4203.5272 U.S. BANK328 03/24/2023 297030 393.00 TRAINING-TUITION/REGISTRATION 010.4203.5501 U.S. BANK329 03/24/2023 297030 15.44 FLEET SUPPLIES 010.4203.5601 U.S. BANK330 03/24/2023 297030 98.69 SAFETY EQUIP-WEAPONS MAINT 010.4203.5603 U.S. BANK331 03/24/2023 297030 25.84 RANGE SUPPLIES 010.4204.5255 U.S. BANK332 03/24/2023 297030 191.53 PROPERTY & EVIDENCE SUPPLIES 010.4204.5255 U.S. BANK333 03/24/2023 297030 84.54 TRAINING-LODGING 010.4204.5501 U.S. BANK334 03/24/2023 297030 279.17 SUBSCRIPTION-DRONE OPERATOR 010.4204.5607 U.S. BANK335 03/24/2023 297030 40.00 FUEL 010.4204.5608 U.S. BANK336 03/24/2023 297030 41.75 VOLUNTEER SUPPLIES-GOLDEN DONUTS 010.4424.5250 U.S. BANK337 03/24/2023 297030 716.89 PUBLIC RELATIONS-TABLE CLOTH, ADS, HAY BALES 010.4101.5504 U.S. BANK338 03/24/2023 297030 60.50 SUPPLIES-BIRTHDAY ITEMS 010.4101.5504 U.S. BANK339 03/24/2023 297031 200.00 REFUND WOMENS CLUB DEPOSIT 010.0000.2206 CRYSTAL VAZQUEZ340 03/24/2023 297031 200.00 REFUND WOMENS CLUB DEPOSIT 010.0000.2206 CRYSTAL VAZQUEZ341 03/24/2023 297032 304.08 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS342 03/24/2023 297033 2,595.00 WSC AG 2021 UWMP PREP FOR URBAN FY 22-23 640.4710.5303 WATER SYSTEMS CONSULTING INC

Page 20 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name343 03/24/2023 297034 $ 660.00 PLUMBING RETROFIT 226.4306.5303 WATERBOYS PLUMBING344 03/24/2023 297035 840.00 REPAIR SIGNAL-2 INTERSECTIONS 220.4303.5303 LEE WILSON ELECTRIC COMPANY INC345 03/31/2023 297036 9.80 PARKS DEPARTMENT MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES 346 03/31/2023 297037 198.75 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T347 03/31/2023 297037 34.04 ACCT#235841-39568063 ALARM 220.4303.5303 AT & T348 03/31/2023 297038 194.00 PD COMMON PEST PLUS DEWEBBING 010.4213.5303 BREZDEN PEST CONTROL, INC349 03/31/2023 297039 300.00 NTC COURSE 4/11-4/14 POST PER DIEM 010.4203.5501 JEREMY BURNS350 03/31/2023 297040 736.80 ACCT#8245100960211288 PW VOICE 010.4145.5401 CHARTER COMMUNICATIONS351 03/31/2023 297040 327.16 ACCT#8245100960216667 WOMENS CENTER 010.4145.5401 CHARTER COMMUNICATIONS352 03/31/2023 297040 1,349.00 ACCT#8245100960301246 215 E BRANCH 211.4101.5330 CHARTER COMMUNICATIONS353 03/31/2023 297041 7,548.75 02/23 STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP354 03/31/2023 297041 4,725.00 02/23 OFFICE M365 MIGRATION 010.4140.5303 CIO SOLUTIONS LP355 03/31/2023 297042 375.00 TRAFFIC COLLISION TRAINING-4/10-4/14 010.4203.5501 ALEJANDRO ESTRADA356 03/31/2023 297043 375.00 TRAFFIC COLLISION TRAINING-4/10-4/14 010.4203.5501 ANTHONY ESTRADA357 03/31/2023 297044 10,000.00 CHILD CARE ASSISTANCE GRANT 260.4565.5395 ALMA FERREYRA DBA FERREYRA FCC/BAMBI 358 03/31/2023 297045 20.00 PW 6 FLAT REPAIR 220.4303.5601 FIGUEROA'S TIRES 359 03/31/2023 297045 1,120.32 (4) TIRES PW 6 220.4303.5601 FIGUEROA'S TIRES360 03/31/2023 297045 40.00 PW-44 TIRE MOUNT 612.4610.5601 FIGUEROA'S TIRES361 03/31/2023 297046 121.80 CORP YARD SEWER BILL 612.0000.4751 CITY OF GROVER BEACH362 03/31/2023 297047 5,987.13 PREPARATION OF THE NCMA 2022 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS363 03/31/2023 297048 106.08 1375 ASH TRAILER MOUNT 220.4303.5552 HARVEY'S HONEY HUTS364 03/31/2023 297049 845.39 8" PIPE, PLUGS 640.4712.5610 ICONIX WATERWORKS (US) INC365 03/31/2023 297049 472.49 FIRE HYDRANT CAP GASKETS & LUBE 640.4712.5610 ICONIX WATERWORKS (US) INC366 03/31/2023 297049 (300.15) CREDIT FOR LUBRICANT 640.4712.5610 ICONIX WATERWORKS (US) INC367 03/31/2023 297049 300.15 LUBRICANT 640.4712.5610 ICONIX WATERWORKS (US) INC368 03/31/2023 297050 975.00 90 DAY INSPECTION - ON 50, 51, 220.4303.5601 L. DIESEL MOBILE SERVICE(DBA)369 03/31/2023 297051 1,007.25 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC 370 03/31/2023 297051 1,003.35 SHORETEL PHONE CHGS-PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC 371 03/31/2023 297052 16,865.70 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO372 03/31/2023 297053 400.00 EGG HUNT 50/50 RAFFLE START CHANGE 010.0000.1033 PETTY CASH373 03/31/2023 297054 300.00 EGG HUNT START CHANGE 010.0000.1033 PETTY CASH374 03/31/2023 297055 23.54 BLDG. MAINTENANCE UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY375 03/31/2023 297055 23.54 UNIFORMS/BUILDING MAINTENANCE 010.4213.5143 PRUDENTIAL OVERALL SUPPLY376 03/31/2023 297055 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY377 03/31/2023 297055 27.13 POLICE DEPARTMENT MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY 378 03/31/2023 297055 29.88 RECREATION CENTER MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY379 03/31/2023 297055 19.50 PARKS DEPARTMENT MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY380 03/31/2023 297055 45.63 WOMEN'S CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY

Page 21 of 269 ends

CITY OF ARROYO GRANDE

CHECK LISTING
MARCH 16 - MARCH 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name381 03/31/2023 297055 $ 15.95 UNIFORMS/AUTO 010.4305.5143 PRUDENTIAL OVERALL SUPPLY382 03/31/2023 297055 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY383 03/31/2023 297055 19.00 AUTO SHOP TOWELS 010.4305.5303 PRUDENTIAL OVERALL SUPPLY384 03/31/2023 297055 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY385 03/31/2023 297055 34.76 UNIFORMS/PARKS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY386 03/31/2023 297055 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY387 03/31/2023 297055 22.22 UNIFORMS/SOTO 010.4430.5143 PRUDENTIAL OVERALL SUPPLY388 03/31/2023 297055 31.68 UNIFORMS/STREETS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY389 03/31/2023 297055 31.68 STREET DEPARTMENT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY390 03/31/2023 297055 22.22 SEWER DEPARTMENT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY391 03/31/2023 297055 22.22 UNIFORMS/SEWER 612.4610.5143 PRUDENTIAL OVERALL SUPPLY392 03/31/2023 297055 44.22 UNIFORMS/WATER 640.4712.5143 PRUDENTIAL OVERALL SUPPLY393 03/31/2023 297055 44.22 WATER DEPARTMENT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY394 03/31/2023 297056 300.00 NTC COURSE 4/11-4/14 POST PER DIEM 010.4203.5501 TIMOTHY RAMIREZ395 03/31/2023 297057 465.52 PW-51 ENGINE PERMIT 220.4303.5603 SLO COUNTY AIR POLLUTION396 03/31/2023 297058 20.11 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS397 03/31/2023 297058 75.41 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS398 03/31/2023 297059 75.00 02/23 NEWSLETTER AD 010.4421.5504 SOUTH COUNTY CHAMBERS399 03/31/2023 297059 75.00 03/23 NEWSLETTER AD 010.4421.5504 SOUTH COUNTY CHAMBERS400 03/31/2023 297060 1,233.38 (60) BAGS OF ASPHALT COLD PATCH 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS401 03/31/2023 297061 4,412.78 POSTAGE FOR SUMMER 2023 ACTIVITIES 010.4421.5504 US POSTMASTER402 03/31/2023 297062 26,729.23 2/23 TBID SO CAL MEDIA MARKETING 240.4150.5301 VERDIN MARKETING INK403 03/31/2023 297063 281.25 WSC AG 2021 UWMP PREP FOR URBAN FY 22-23 640.4710.5303 WATER SYSTEMS CONSULTING INC 404 03/31/2023 297064 1,934.50 02/23 PROF LEGAL SVC-SM WATER 640.4710.5575 WHITE BRENNER LLP405 03/31/2023 297065 5,190.00 FEE STUDY SERVICES - USER, DEV IMPACT FEES, CAP 010.4120.5303 WILLDAN FINANCIAL SERVICES 406 03/31/2023 297066 82.00 UB Refund Cst #00018101 640.0000.2301 BRUCE CARSON407 03/31/2023 297067 136.36 UB Refund Cst #00026961 640.0000.2301 GARY HECKAMN408 03/31/2023 297068 178.11 UB Refund Cst #00027992 640.0000.2301 SUSAN E HEFNER409 03/31/2023 297069 76.49 UB Refund Cst #00027797 640.0000.2301 ALEX TURBOW410 03/31/2023 297070 678.92 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE411 03/31/2023 297071 3,153.50 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN412 03/31/2023 297072 3,740.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS413 03/31/2023 297073 43.90 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD414 03/31/2023 297074 1,259.94 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620 $ 1,845,066.89

Page 22 of 269 ends

General Fund 344,092.38 5101 Salaries Full time 233,338.33 Streets Fund 13,797.36 5101 Volunteer Employee Retirement - American Rescue Plan Act - 5102 Salaries Part-Time - PPT 2,084.54 Sewer Fund 9,748.51 5103 Salaries Part-Time - TPT 17,752.00 Water Fund 23,406.03 5105 Salaries OverTime 10,129.25
391,044.28 5106 Salaries Strike Team OT -
5107 Salaries Standby 1,626.00
5108 Holiday Pay 297.19
5109 Sick Pay 5,377.80
5110 Annual Leave Buyback -
Administrative Services - 5111 Vacation Buyback -
Information Services - 5112 Sick Leave Buyback -
Community Development - 5113 Vacation Pay 3,379.60
Police 7,997.85 5114 Comp Pay 2,111.03
Public Works - Maintenance 1,249.88 5115 Annual Leave Pay 8,446.28 Public Works - Enterprise 881.52 5116 Salaries - Police FTO 415.92 Recreation - Administration - 5121 PERS Retirement 29,781.89 Recreation - Special Events - 5122 Social Security 20,466.33 Children In Motion - 5123 PARS Retirement 257.40
5126 State Disability Ins. 863.04 10,129.25
5127 Deferred Compensation 741.66
5131 Health Insurance 47,207.16
5132 Dental Insurance 2,759.04
5133 Vision Insurance 746.08
5134 Life Insurance 387.88
5135 Long Term Disability 605.82
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 837.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 187.54
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,095.00
391,044.28
OVERTIME BY DEPARTMENT:

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
03/03/2023 - 03/16/2023
3/24/2023

BY FUND BY ACCOUNT

Page 23 of 269 ends

1 Item 9.b.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
March 28, 2023, 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 Barneich, Council Member Guthrie, Council
Member Secrest
Council Members Absent: Council Member George
Staff Present: City Clerk Jessica Matson, Interim City
Attorney Isaac Rosen, City Manager Whitney
McDonald, Assistant City Manager/Public
Works Director Bill Robeson, Administrative
Services Director Nicole Valentine,
Community Development Director Brian
Pedrotti, Planning Manager Andrew Perez,
Utilities Manager Shane Taylor
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
Ken Teisinger and Anne McCrackin, representing the Arroyo Grande Valley Kiwanis Club, led the flag salute.

5. AGENDA REVIEW

5.a Closed Session Announcements
Announcement of reportable actions taken, if any, from the following meeting:

Page 24 of 269 ends

2 Item 9.b.

Regular Meeting of March 14, 2023
City Council will announce any action on the following:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8:

Property: 400 West Branch Street
Agency negotiators: Whitney McDonald, City Manager; Bill Robeson, Assistant City Manager/Public Works Director
Negotiating parties: Dev Patel, on behalf of Kamla Hotels Under negotiation: Price and terms of payment
Interim City Attorney Rosen gave a report on closed session. There was no reportable action.

Special Meeting of March 20, 2023
Public Employee Appointment pursuant to Government Code Section 54957:

Title: City Attorney
City Manager McDonald gave a report on closed session. There was no reportable action.

5.b Ordinances read in title only
None.

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Declaring the Month of April 2023 as Month of the Child and Child Abuse Prevention Month
Mayor Ray Russom read the Honorary Proclamation Declaring the Month of April 2023 as Month of the Child and Child Abuse Prevention Month. Patty Clarkson, Director, Cal Poly Preschool Learning Lab and Director, Cal Poly Early Care & Education Strategic Initiatives accepted the proclamation.

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

No action was taken on this item.

6.b Introductions of New Firefighters - Cade Posner and Braden Jones FCFA Chief Lieberman introduced new Firefighters Cade Posner and Braden Jones and provided an overview of their professional background.

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

6.c City Manager Communications
City Manager McDonald provided information regarding upcoming events in Arroyo Grande including Bunny Grams, and the April 8, 2023 Egg Hunt and Festival located at the Arroyo Grande Elm Street Park; discussed upcoming items for Council consideration; and reported that

Page 25 of 269 ends

3 Item 9.b.
the emergency declaration made by FEMA for the January 2023 storm events does not apply to the March 2023 storm events and encouraged residents to visit ReadySLO.org to submit March storm damage.

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

No action was taken on this item.

7. 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.

7.a MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

2. Central Cost Blue Regional Recycled Water Authority Board

3. San Luis Obispo County Mayor's Meeting

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

5. Other

7.b MAYOR PRO TEM BARNEICH:

1. Audit Committee

2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

7.c COUNCIL MEMBER GEORGE:

1. Five Cities Fire Authority

2. Tourism Business Improvement District Advisory Board

3. Visit SLO CAL Advisory Board

4. Other

7.d COUNCIL MEMBER GUTHRIE:

1. Brisco/Halcyon Interchange Subcommittee

2. County Water Resources Advisory Committee (WRAC)

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

4. Integrated Waste Management Authority Board (IWMA)

5. REACH Economic Development Roundtable

Page 26 of 269 ends

4 Item 9.b.

6. Other

7.e COUNCIL MEMBER SECREST:

1. Air Pollution Control District (APCD)

2. Brisco/Halcyon Interchange Subcommittee

3. South County Chambers of Commerce Arroyo Grande Business Meeting

4. South County Chambers of Commerce Governmental Affairs Committee

5. Other

8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. No public comments were received.

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

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

Moved by Council Member Guthrie
Seconded by Mayor Pro Tem Barneich
Approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action.

AYES (4): Council Member Guthrie, Mayor Pro Tem Barneich, Council Member Secrest, and Mayor Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)

9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of February 16 through February 28, 2023. 2) Determined that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.b Approval of Minutes
Approved the minutes of the Regular City Council Meeting of March 14, 2023 and Special City Council Meeting of March 20, 2023, as submitted.

9.c Appointment of an Alternate Board Member to Serve on the Central Coast Blue Regional Recycled Water Authority Board for Calendar Years 2023 and 2024 1) Appointed the Mayor Pro Tem to serve as an alternate on the Central Coast Blue Regional Recycled Water Authority Board for a term of two years beginning March 29, 2023 and ending

Page 27 of 269 ends

5 Item 9.b.

December 31, 2024. 2) Determined that appointing an alternate is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.d Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY WITHIN THE CITY OF ARROYO GRANDE (MARCH 2023 AND ONGOING STORM EVENTS BEGINNING DECEMBER 27, 2022)"; and 2) Made findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the continued declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.e Consideration to Approve Construction Plans & Specifications and Environmental Exemption for the Fair Oaks Water Main Replacement, Elm to Alder, Project 1) Approved the construction plans and specifications for the Fair Oaks Water Main Replacement, Elm to Alder, Project; 2) Authorized the City Clerk to advertise for sealed construction bids; 3) Found that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(b); and 4) Directed the City Clerk to file a Notice of Exemption.

9.f Consideration of Approval of an Agreement for Consultant Services with Mintier Harnish for the Comprehensive General Plan Update
1) Approved and authorized the Mayor to execute an Agreement for Consultant Services with Mintier Harnish to assist the City with the Comprehensive General Plan Update in substantially final form (subject to minor revisions to effectuate City Council’s intent). 2) Determined that approving the Agreement is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)- (3), 15378), and environmental review is contemplated as part of the Comprehensive General Plan Update for which the Consultant will be employed.

9.g Consider Adoption of a Resolution Terminating the Emergency Related to the FCFA Station 1 Emergency Generator Replacement Project, PW 2021-09 Pursuant to Public Contract Code Section 22050(c)(3)
1) Received and filed an update of the emergency generator replacement project at the FCFA Station 1; 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ARROYO GRANDE DETERMINING THAT EXECUTION OF A CONTRACT FOR THE FCFA STATION 1 EMERGENCY GENERATOR REPLACEMENT PROJECT, PW 2021-09, HAS TERMINATED THE EMERGENCY ACTION"; and 3) Found that the termination of the emergency action and the update of the Emergency generator replacement project at FCFA Station 1 is categorically exempt from the California Environmental Quality Act (“CEQA”)

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6 Item 9.b.
under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and where none of the exceptions to the exemption apply. (State CEQA Guidelines, § 15302.) Additionally, the action is exempt under pursuant to State CEQA Guidelines sections 15060(c)(2), 15061(b)(3), and 15378(b)(5).

9.h Monthly Water Supply and Demand Update
Received and filed the Monthly Water Supply and Demand Update.

10. PUBLIC HEARINGS
None.

11. OLD BUSINESS

11.a Discussion and Consideration of a Project Status Update and Direction Regarding the Brisco-Halcyon Interchange Modification Project
Community Development Director Pedrotti acknowledged the Supplemental information provided, presented the staff report and recommended that the Council receive the project status report, consider options, and direct staff to pursue the No Project Option. Director Pedrotti responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public was Stephen Hanamaikai, San Luis Obispo Council of Governments (SLOCOG). No further public comments were received.

Moved by Council Member Guthrie
Seconded by Council Member Secrest
Receive the Project status report, consider options, and direct staff to pursue the No Project Option.

AYES (4): Council Member Guthrie, Council Member Secrest, Mayor Pro Tem Barneich, and Mayor Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)

12. NEW BUSINESS

12.a Consideration of a Resolution Approving Arroyo Grande Community Service Grant Program Allocations for Fiscal Year 2022-23
Planning Manager Perez presented the staff report and recommended that the Council Adopt a Resolution approving the Arroyo Grande Community Service Grant Program funding allocations identified in Attachment 1.

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7 Item 9.b.

Mayor Ray Russom invited public comment. Speaking from the public was Sarah DeYoung, CASA; Eileen Costello, AGPA; Nan Bowman, AGPA; Jenny Luciano, BBBS. No further public comments were received.

Moved by Mayor Pro Tem Barneich
Seconded by Council Member Guthrie
1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING ARROYO GRANDE COMMUNITY SERVICE GRANT PROGRAM PROJECTS FOR FISCAL YEAR 2022-23"; and 2) Determine that adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) AYES (4): Mayor Pro Tem Barneich, Council Member Guthrie, Council Member Secrest and Mayor Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)

12.b Consideration of a Resolution Rescinding the Declaration of a Stage 1 Water Shortage Emergency; and Make Findings that Rescinding the Declaration is Not Subject to CEQA Assistant City Manager/Public Works Director Robeson presented the report and recommended that the Council adopt a Resolution rescinding the declaration of the Stage 1 Water Shortage Emergency and related emergency water shortage restrictions and penalties. Director Robeson and Utilities Manager Shane Taylor responded to questions from Council.

Council discussion ensued regarding the importance for continued conservation as a way of life.

Council Member Guthrie requested that staff include information in the May monthly water supply report regarding where water savings occurred. Council Member Secrest concurred.

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

Moved by Council Member Guthrie
Seconded by Mayor Pro Tem Barneich
1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RESCINDING THE DECLARATION OF A STAGE 1 WATER SHORTAGE

EMERGENCY AND RELATED WATER CONSERVATION MEASURES AND
RESTRICTIONS"; and 2) Make findings that adopting the Resolution rescinding the declaration of the Stage 1 Water Shortage Emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378). Alternatively, this is not a “project” as defined by CEQA because rescinding the Stage 1 Water Shortage Emergency is merely administrative activity. (See State CEQA Guidelines, § 15378(b)(2),(4)). For those reasons, the action is exempt from CEQA.

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8 Item 9.b.

AYES (4): Council Member Guthrie, Mayor Pro Tem Barneich, Council Member Secrest, and Mayor Ray Russom
ABSENT (1): Council Member George
Passed (4 to 0)

13. COUNCIL COMMUNICATIONS
None.

14. CLOSED SESSION
Interim City Attorney Rosen announced that the City Council will recess to a closed session for the following:

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1):

Name of Case: Oak Park Estates, HOA v. City of Arroyo Grande, et al. and related actions Council Member Secrest declared a potential conflict of interest, recused herself and left the meeting.

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

City Council adjourned to Closed Session at 8:17 p.m. and resumed Open Session at 9:00 p.m.

Interim City Attorney Rosen announced that there was no reportable action.

15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 9:00 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

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1 ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
April 11, 2023, 6:00 p.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Pro Tem Barneich, Council Member Guthrie, Council Member Secrest
Council Members Absent: Mayor Ray Russom, Council Member George Staff Present: Deputy City Clerk Sarah Lansburgh, Interim City Attorney Isaac Rosen, City Manager
Whitney McDonald, Assistant City
Manager/Public Works Director Bill Robeson,
Administrative Services Director Nicole
Valentine, Community Development Director
Brian Pedrotti, Assistant Planner Patrick
Holub
This meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________

1. CALL TO ORDER
Mayor Pro Tem Barneich called the Regular City Council Meeting to order at 6:02 p.m.

2. ROLL CALL
Deputy City Clerk Lansburgh took roll call.

3. MOMENT OF REFLECTION

4. FLAG SALUTE
Jim Souza, Knights of Columbus led the flag salute.

5. AGENDA REVIEW

5.a Closed Session Announcements
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1):

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2 Name of Case: Oak Park Estates, HOA v. City of Arroyo Grande, et al. and related actions Interim City Attorney Rosen announced that there was no reportable action.

5.b Ordinances read in title only
None.

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Declaring April 2023 as National Sexual Assault Awareness Month
Mayor Pro Tem Barneich read the Honorary Proclamation Declaring April 2023 as National Sexual Assault Awareness Month. Stacy Solome, Lumina Alliance, accepted the proclamation.

Mayor Pro Tem Barneich invited public comment. No public comments were received.

No action was taken on this item.

6.b Honorary Proclamation Declaring April 28, 2023 as Arbor Day Mayor Pro Tem Barneich read the Honorary Proclamation Declaring April 28, 2023 as Arbor Day. Bill Robeson, Assistant City Manager/Public Works Director, accepted the proclamation.

Mayor Pro Tem Barneich invited public comment. No public comments were received.

No action was taken on this item.

6.c City Manager Communications
City Manager McDonald provided information regarding the We Heart AG event on April 23rd, the Halcyon Complete Streets Workshops on April 26th and 27th, the new City newsletter entitled "Arroyo Grande Gazette"; and discussed upcoming items for Council consideration.

Mayor Pro Tem Barneich invited public comment. No public comments were received.

No action was taken on this item.

7. CITY COUNCIL REPORTS
None.

Reports are made during the Second Council Meeting each month.

8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Pro Tem Barneich invited public comment. Speaking from the public was Manley McNinch. No further public comments were received.

9. CONSENT AGENDA
Mayor Pro Tem Barneich asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion.

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3 Council welcomed new City Attorney Rosen and wished prior City Attorney Carmel well in his future endeavors.

Mayor Pro Tem Barneich invited public comment. No public comments were received.

Moved by Council Member Guthrie
Seconded by Council Member Secrest
Approve Consent Agenda Items 9.a. through 9.k., with the recommended courses of action.

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

9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of March 1 through March 15, 2023; 2) Determined that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.b Consideration of Statement of Investment Deposits
1) Received and filed the report listing investment deposits of the City of Arroyo Grande as of February 28, 2023, as required by Government Code Section 53646(b); 2) Determined that the statement of Investment report is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)- (3), 15378.)

9.c Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports 1) Received and filed the Annual Comprehensive Financial Report (ACFR), Single Audit, and Audit Report for the Transportation Development Act Transportation Fund for the fiscal year ended June 30, 2022. 2) Determined that the financial reports is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.d Consider Awarding a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a Service, for a Replacement Financial System and Authorize the City Manager to Execute Contractual Agreements with Tyler Technologies
1) Awarded a Contract to Tyler Technologies, Tyler Enterprise ERP Software as a Service, for a Replacement Financial System and authorize the City Manager to Execute Contractual Agreements with Tyler Technologies. 2) Determined that awarding a contract to Tyler Technologies is not a project subject to the California Environmental Quality Act (“CEQA”)

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4 because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.e Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

9.f Consideration of Agreement with Best Best & Krieger for City Attorney Services and Appointment of Isaac Rosen as the Arroyo Grande City Attorney Approved the Agreement with Best Best & Krieger for City Attorney Services and appoint Isaac Rosen as the City Attorney.

9.g Consider Opting into Settlement Agreements with Distributors of Opioids; Walgreens Co., Walmart Inc., CVS Health Corporation/CVS Pharmacy Inc., and Opioid Manufacturers Teva Pharmaceuticals Industries LTD and Allergan Finance LLC/Allergan Limited 1) Opted into settlement agreement with opioid distributor, Walgreens Co., and direct the City Manager to execute any documents necessary to implement the action; 2) Opted into settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to execute any documents necessary to implement the action; 3) Opted into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct the City Manager to execute any documents necessary to implement the action; 4) Opted into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and direct the City Manager to execute any documents necessary to implement the action; 5) Opted into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the City Manager to execute any documents necessary to implement the action; and 6) Made findings that adopting the Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ARROYO GRANDE CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART, INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA PHARMACEUTICAL INDUSTRIALS LTD., AND ALLERGAN FINANCE LLC/ALLERGAN LIMITED, AGREE TO

THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL" is not a project subject to the California Environmental Quality Act (“CEQA”) because the adoption in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.h Consideration of Cancellation of July 11, 2023 City Council Meeting Cancelled the regularly scheduled Council meeting of July 11, 2023.

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5 9.i Annual Update on Military Equipment Pursuant to California AB 481 Received and filed the “Military Equipment Use Inventory Report” in accordance with California Assembly Bill 481 and make a motion to approve the renewal of Ordinance No. 714.

9.j Consider Adoption of Resolutions Ordering the Preparation and Filing of Annual Engineer’s Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Landscaping and Lighting District No. 1, Within Tract 1769, for Fiscal Year
1) Adopted Resolutions entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEER’S REPORT FOR THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL YEAR 2023-2024"; "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEER’S

REPORT FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT FOR FISCAL YEAR 2023-2024"; and "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO

GRANDE ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEERS

REPORT FOR THE ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, FOR FISCAL YEAR 2023-2024". 2) Determined that adopting the resolutions ordering the Engineer’s reports is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.k Consideration of a Resolution for Funding Road Repair Consistent with the Road Repair and Accountability Act of 2017 (SB1) for Fiscal Year 2023-24 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A PROJECT FOR FISCAL YEAR 2023-24 FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017"; 2) Authorized the Director of Administrative Services to submit the Resolution to the California Transportation Commission (CTC); and 3) Made findings that adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because the adoption in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

10. PUBLIC HEARINGS

10.a Consideration of Architectural Review 23-006; Painting of a New Wall Mural; Location – 101 West Branch Street; Applicant – Alyssa Manno, Visit SLO CAL Assistant Planner Patrick Holub presented the report and recommended Council receive public comment and make a recommendation to the Arroyo Grande Public Art Review Panel. Mr.

Holub responded to questions from Council.

Mayor Pro Tem Barneich opened the public hearing. Speaking from the public were Nan Bowman, Alyssa Manno, Elliott Becker, Kathryn, and Buddy Lowe. Deputy City Clerk Lansburgh read into the record written comments by Lori Hall. Upon hearing no further public comments, Mayor Pro Tem Barneich closed the public hearing.

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6 Council Members Secrest and Guthrie acknowledged the supplemental information received and commented on the proposed mural design.

Mayor Pro Tem Barneich read comments from the Architectural Review Committee (ARC) in the staff report and make comments regarding the mural design.

Mayor Pro Tem Barneich re-opened the public hearing. Speaking from the public were applicant Alyssa Manno, and Cathy Cartier. Upon hearing no further public comments, Mayor Pro Tem Barneich closed the public hearing.

Council Member Guthrie made a motion to deny Architectural Review Case 23-006 based on inconsistencies with the historic guidelines for the Village. Mayor Pro Tem Barneich seconded the motion. Brief discussion ensued. Mayor Pro Tem Barneich withdrew her second.

Moved by Mayor Pro Tem Barneich
Seconded by Council Member Secrest
Provide direction to applicant and artist to make changes aligned with the Village Historic Guidelines and bring back to Council for recommendation to the Arroyo Grande Public Art Panel.

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

11. OLD BUSINESS

11.a Consideration to Approve Construction Plans & Specifications and Environmental Exemption for the 2022 Street Repairs Project, PW 2022-05 Assistant City Manager/Public Works Director Robeson introduced the report and Joe Ririe provided a presentation of the 2022 Street Repairs Project. Director Robeson, Director Valentine and Mr. Ririe responded to questions from Council.

Mayor Pro Tem Barneich invited public comment. No public comments were received.

Moved by Council Member Guthrie
Seconded by Council Member Secrest
1) Approve the construction plans & specifications for Strategies 2 through 4 of the 2022 Street Repairs Project, with Strategy 2 identified as an additive alternative in the request for bids; 2) Approve the construction plans & specifications for Strategy 1 of the 2022 Street Repairs Project as a separate request for bids; 3) Authorize the City Clerk to advertise for construction bids; and 4) Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c) and direct the City Clerk to file a Notice of Exemption.

AYES (3): Council Member Guthrie, Council Member Secrest, and Mayor Pro Tem Barneich

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7 ABSENT (2): Mayor Ray Russom, and Council Member George Passed (3 to 0)

12. NEW BUSINESS
None.

13. COUNCIL COMMUNICATIONS
Council Member Guthrie complemented the Recreation Services staff on a job well done after another successful Easter Egg Hunt event.

14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Pro Tem Barneich adjourned the meeting at 7:52 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk

Page 38 of 269 ends

Item 9.c.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Aleah Bergam, Management Analyst
SUBJECT: Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
DATE: April 25, 2023
SUMMARY OF ACTION:

Adoption of the Resolution will continue the two declared and ratified local emergencies related to the ongoing storm events, beginning in December 2022, and continuing through the present.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There are no direct fiscal impacts related to the proposed action; however, adoption of the Resolution will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services and the Federal Emergency Management Agency for costs incurred in preparation and/or response to the storm events.

RECOMMENDATION:
1) Adopt a Resolution declaring a continued local emergency related to the ongoing storm events, beginning in December 2022 and continuing through the present. 2) Make findings that adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the continued declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:

As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services, proclaimed a local emergency on January 18, 2023, regarding the severe January 2023 winter storms. The City Council ratified the emergency proclamation at its regular meeting on January 24, 2023.

Page 39 of 269 ends

Item 9.c.

City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
April 25, 2023

Page 2 ends

Multiple additional atmospheric river systems again struck the Central Coast beginning on March 9, 2023, and the City Manager, again in her capacity as the Director of Emergency Services, proclaimed a local emergency on March 11, 2023, to account for the impacts and potential damage incurred subsequent to the declaration of the first local emergency. The City Council ratified the emergency proclamation at its regular meeting on March 14, 2023.

ANALYSIS OF ISSUES:

Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to “Review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated.” Accordingly, to date, the City Council has adopted the appropriate Resolutions declaring a continued local emergency related to both the January 2023 storm events and subsequent storm events within the required 21-day time period. Moving forward, provided there is adoption of this Resolution consistent with the prior ratification of the emergency proclamations at the City Council’s January 24, 2023, February 14, 2023, February 28, 2023, March 14, 2023, and March 28, 2023, and April 11, 2023 regular meetings, respectively, the City will remain in compliance with its Municipal Code.

This item is being presented to the City Council to satisfy the requirements of Section

8.12.065(C). Given the current state of emergency proclaimed by the Governor, and the Presidential Major Disaster Declaration declared on January 14, 2023 and the Presidential Emergency Declaration declared on March 10, 2023, it is recommended that the City Council adopt the attached Resolution declaring the need to continue the emergency declarations made to date in response to the storm events beginning December 27, 2022. The County of San Luis Obispo issued a similar emergency declaration, which remains in effect. Federal, State and County emergency declarations associated with the January 2023 storm events, and resulting damage, continue to remain in effect.

Since the initial emergency declarations, multiple additional atmospheric river systems continued to strike the Central Coast beginning on March 9, 2023. On March 10, 2023, the Emergency Services Director for the County of San Luis Obispo issued a Proclamation of a Local Emergency related to severe winter storms and a series of atmospheric rivers systems that struck California beginning on December 27, 2022, and have been ongoing since that date. On March 1, 2023, Governor Newsom issued an emergency proclamation related to the severe winter storms impacting San Luis Obispo and other counties throughout the State.

City staff continue to dedicate time towards responding to numerous storm recovery efforts and continue to require support from County, State, and Federal emergency response resources to support these efforts.

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Item 9.c.

City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
April 25, 2023

Page 3 ends

ALTERNATIVES:

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

1. Adopt the Resolution declaring a continued local emergency related to the ongoing storm events, beginning in December 2022 and continuing through the present; or

2. Provide other direction to staff.

ADVANTAGES:

Adoption of the Resolution will satisfy the requirement of the Arroyo Grande Municipal Code regarding the periodic review of the declared local emergency related to the severe winter storms and support the City’s efforts to obtain assistance from County, State, and federal emergency response resources to recover from the disaster.

DISADVANTAGES:

No disadvantages have been identified to adopting the Resolution.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item. Adopting the Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Resolution

Page 41 of 269 ends

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE DECLARING A CONTINUED

LOCAL EMERGENCY WITHIN THE CITY OF ARROYO
GRANDE (MARCH 2023 AND ONGOING STORM EVENTS
BEGINNING DECEMBER 27, 2022)
WHEREAS, on January 18, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about 8:00 am on January 4, 2023, due to the storm events that began on December 27, 2022; and
WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5259 at its regular meeting on January 24, 2023; and WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated; and
WHEREAS, the City Council has adopted Resolutions declaring a continued local emergency related to the ongoing storm events on February 14, 2023, February 28, 2023, March 14, 2023, March 28, 2023, April 11, 2023; and WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023, the Governor of the State of California issued a Proclamation of a State of Emergency (“Governor’s Proclamation”) related to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter storms, flooding, landslides, and mudslides, and enabling public agencies in impacted counties that suffered damage or losses from the storms eligible to apply for federal disaster assistance; and
WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and

Page 42 of 269 ends

RESOLUTION NO.

PAGE 2
WHEREAS, on January 17, 2023, the Department of Homeland Security amended the major disaster declaration issued in January 14, 2023 related to the January 2023 storm events to add San Luis Obispo County as an affected county, enabling Arroyo Grande residents who had damage or losses from the storms to apply for Federal Emergency Management Agency (FEMA) disaster assistance; and
WHEREAS, on March 11, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about March 9, 2023, in response to the latest series of atmospheric river systems and the damage to the City due to the storm events that began on December 27, 2022; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5273 at its regular meeting on March 14, 2023; and WHEREAS, the City Manager’s March 11, 2023 proclamation followed a County of San Luis Obispo issued Proclamation of Local Emergency on March 10, 2023 for the entire County due to severe storms; and
WHEREAS, on March 10, 2023, President Biden approved a California Emergency Declaration beginning on March 9, 2023, ordering Federal assistance to supplement State, tribal and local response efforts; and
WHEREAS, the ongoing atmospheric rivers are causing significant flooding of City infrastructure and streets, as well as homes in Arroyo Grande; and WHEREAS, adopting this Resolution continuing a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the continued declaration in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, that:

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

2. A local emergency is declared to continues to exist throughout the City of Arroyo Grande (see Resolution No. 5259), and the City has been undertaking, and will continue through termination of this emergency to undertake necessary measures and incur necessary costs, which are directly related to the damage caused by the severe winter storms and are taken in furtherance of; the Governor’s Proclamation of a State of Emergency on January 4, 2023; the

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RESOLUTION NO.

PAGE 3
President of the United States’ Declaration of a National Emergency on January 8, 2023; and related orders and directives.

3. A local emergency is declared to continue to exist throughout the City of Arroyo Grande (see Resolution Nos. 5269 and 5273) resulting from subsequent storm events, and the City has been undertaking, and will continue in effect through termination of this emergency, to undertake necessary measures and incur necessary costs, which are directly related to the damage caused by the severe winter storms and are taken in furtherance of the Governor’s Proclamation of a State of Emergency on January 4, 2023; the President of the United States’ approval of a California Emergency Declaration beginning January 8, 2023; the County of San Luis Obispo’s Proclamation of a Local Emergency on March 10, 2023; and related orders and directives.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 25th day of April, 2023.

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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:

ISAAC ROSEN, CITY ATTORNEY

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Item 9.d.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Steve Kahn, Interim City Engineer
SUBJECT: Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020- 04 DATE: April 25, 2023
SUMMARY OF ACTION:

Accept the Oak Park Boulevard Drainage Repairs Project (Project) and begin the oneyear warranty period for defects that may arise.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The final contract and change orders for the Project resulted in a total construction cost of $265,441.29 to the City, $238,679 for the direct contract amount and $26,762.29 for additional material quantities placed and field change orders. The contract was included as part of the FY 2021-22 Capital Improvement Program budget and was funded by revenue from the American Rescue Plan Act (ARPA). The recommended action will not impact staff resources.

RECOMMENDATION:
1) Accept the project improvements as constructed by Raminha Construction, Inc. in accordance with the plans and specifications for the Oak Park Boulevard Drainage Repairs Project, PW 2020-04; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed.

BACKGROUND:

During a rain event at the end of December 2019, Public Works crews responded to flooding on El Camino Real east of Oak Park Boulevard. Investigations revealed the flooding was caused by storm drain system failures along Oak Park Boulevard and El Camino Real. These failures caused substantial soil and debris deposits in the storm drain pipes and box culvert and created a large a void surrounding a manhole on Oak Park Boulevard at El Camino Real. A semi-permanent lane closure was established to direct traffic away from the area of the void.

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Item 9.d.

City Council
Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04 April 25, 2023

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On January 14, 2020, the City Council established an emergency repair project for the storm drain system on Oak Park Boulevard at El Camino Real.

On June 28, 2022, the City Council approved construction plans and specifications for the Oak Park Drainage Repairs Project, PW 2020-04, to complete permanent improvements that would address long-term drainage needs along Oak Park Boulevard and El Camino Real. In general, the project includes removing and replacing an existing drainage inlet, installing a new manhole, concrete junction boxes, installing a new HDPE pipe within the City and Caltrans right-of-way, and connecting the drainage piping to an existing box culvert within the Highway 101 right-of-way. Additional project components include restoring landscaping, providing traffic control, storm water control, and complying with the provisions of the Caltrans Permit.

On August 24, 2022, the City Council awarded a construction contract to perform the Oak Park Boulevard Drainage Repairs Project to Raminha Construction, Inc. in the amount of $238,679 and authorized the City Manager to approve additional material quantities placed and field change orders in the amount of $26,762.29. The contractor’s final construction cost for the project is $265,441.29. Construction of the project was deemed substantially complete on February 20, 2023.

ANALYSIS OF ISSUES:

The contractor has completed the work in accordance with the approved plans and specifications within the contract time, under the available budget, and there are no outstanding issues. It is, therefore, recommended that the City accept the Oak Park Drainage Repairs Project and begin the one-year warranty period for defects that may arise.

ALTERNATIVES:

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

1. 1) Accept the project improvements as constructed by Raminha Construction, Inc. in accordance with the plans and specifications for the Oak Park Boulevard Drainage Repairs Project, PW 2020-04; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed;

2. Do not accept the project;

3. Accept the project but do not authorize release of retention; or

4. Provide other direction to staff.

ADVANTAGES:

The project is complete and accepting the improvements will allow staff to close out the project. Upgrading the capacity of the storm drainage system alleviates flooding issues at El Camino Real and conveys storm water in a volume and in distribution flow approved by Caltrans.

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Item 9.d.

City Council
Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04 April 25, 2023

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DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

No environmental review is required to accept the project.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Notice of Completion

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ATTACHMENT 1

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

CITY CLERK

CITY OF ARROYO GRANDE
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below.

2. The FULL NAME of the OWNER is: The City of Arroyo Grande

3. The FULL ADDRESS of the OWNER is: 300 East Branch Street, Arroyo Grande, California 93420

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee

5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:

NAMES ADDRESSES
None

6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR’S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to:

NAMES ADDRESSES
None

7. All work of improvement on the property hereinafter described was COMPLETED February 20, 2023

8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:

Raminha Construction, Inc.

9. The street address of said property is: Vicinity of the El Camino Real and Oak Park Interchange

10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: City and Caltrans right of way Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. _________________________________________________
Bill Robeson, Public Works Director
April 25, 2023, Arroyo Grande, California
-- END OF DOCUMENT --

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Item 9.e.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Ron Simpson, Public Works Manager
SUBJECT: Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee Wilson Electric Company

DATE: April 25, 2023
SUMMARY OF ACTION:

Approval of an agreement for traffic signal maintenance with Lee Wilson Electric Company.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Funds for this agreement are included in the current FY 2022-23 Budget. Funding for years beyond the 2-year term will be budgeted for in those subsequent years. The terms of the signed agreement provide for an extended two (2)-year periods after the initial term.

All terms and conditions, including costs of the initial agreement, shall apply to any additional two (2) year terms. The estimated first year cost of this 2-year agreement will be $26,370 and the estimated cost for the initial two-year term of the agreement is $52,740. No, or minimal, future staff time is projected to oversee the contract.

RECOMMENDATION:
1) Approve a 2-year agreement with Lee Wilson Electric Company for traffic signal maintenance with the option of two (2) 2-year extensions; and 2) Determine that approving an agreement for traffic signal maintenance is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the repair, maintenance, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features, among others, where the project involves negligible or no expansion of existing or former use(State CEQA Guidelines, § 15301), and further finds that none of the exceptions set forth in State CEQA Guidelines section 15300.2 apply.

BACKGROUND:

The City contracts for services to maintain fifteen (15) existing traffic signals. Lee Wilson Electric Company. has been performing this service for the last 30+ years. Signal maintenance includes routine inspection of the equipment including the signal heads,

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Item 9.e.

City Council
Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee Wilson Electric Company
April 25, 2023

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lamps, inductor loops, and pedestrian push buttons, and cleaning of the signal control cabinet for the intersections listed in Section “D” of the Proposal form, page 9.

On March 6, 2023, a Request for Proposals (RFP) was advertised and posted on the City’s website for maintenance of the fifteen existing traffic signals. Two proposals were submitted by the RFP due date of March 27, 2023, at 3:00 pm. Lee Wilson Electrical Inc. and Earthbound Electric Inc. were the two companies that submitted proposals.

ANALYSIS OF ISSUES:

Upon review of the proposals submitted it was found that Lee Wilson Electric Company. met the requirements of the RFP and was also the lowest bidder. The Bid Opening Log Sheet (Attachment 2) shows the monthly costs submitted by the 2 service providers. Page 2 of the attachment shows the monthly sub-total for the lowest bid from Lee Wilson Electric at $2,197.50 per month which equals $52,740 for the 2-year contract. The other bid was at a monthly cost of $3,820.25 or $91,686 for 2 years. Staff recommends that a new two-year agreement with Lee Wilson Electric Company be approved based on their bid, knowledge and experience with the City’s traffic signal system, past performance, and timely emergency response.

The traffic signals which will be serviced under the agreement are: (1) East Grand Avenue at Elm Street, (2) East Grand Avenue at Halcyon Road, (3) Halcyon Road at Fair Oaks Avenue, (4) East Grand Avenue at Courtland Street, (5) East Grand Avenue Pedestrian Crossing, (6) Oak Park at James Way, (7) N. Oak Park Boulevard at El Camino Real, (8) Oak Park at West Branch, (9) West Branch Street at Rancho Parkway, (10) El Camino Real at Brisco Road, (11) West Branch at Town Center Drive, (12) Fair Oaks at Valley Road, (13) Mason Street at East Branch Street, (14) Traffic Way at West Branch Street, (15) Traffic Way at Fair Oaks. The scope of services is more particularly described in Exhibit D of Attachment 1.

ALTERNATIVES:

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

1. Approve an agreement with Lee Wilson Electric Company;

2. Do not approve an agreement with Lee Wilson Electric Company; or

3. Provide other direction to staff.

ADVANTAGES:

Approval of the Contractor Service Agreement will allow for uninterrupted maintenance of the City’s fifteen (15) traffic signals.

DISADVANTAGES:

No disadvantages have been identified.

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Item 9.e.

City Council
Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee Wilson Electric Company
April 25, 2023

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ENVIRONMENTAL REVIEW:

The City’s action in approving the recommended contract is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the repair, maintenance, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features, among others, where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301), and further finds that none of the exceptions set forth in State CEQA Guidelines section 15300.2 apply.

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 Contractor Services Agreement

2. Bid Opening Log Sheet

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ATTACHMENT 1

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AGREEMENT FOR CONTRACTOR SERVICES
THIS AGREEMENT FOR CONTRACTOR SERVICES (“Agreement”), is made and effective as of ______________ 2023, between Lee Wilson Electric Company, Inc. (“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 April 25, 2023 and shall remain and continue in effect until April 24th, 2025, unless sooner terminated pursuant to the provisions of this Agreement. The City shall have the sole option to extend this Agreement for two (2) twoyear periods. If the City elects to exercise this option, it shall give written notice not later than 90 days before the expiration of the current term. All terms and conditions of this Agreement shall continue to be applicable during said extension unless the parties mutually agree in writing upon any changes.

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. Kalli Osborne, CEO, 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.

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ATTACHMENT 1

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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.

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ATTACHMENT 1

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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

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ATTACHMENT 1

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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.

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ATTACHMENT 1

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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

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ATTACHMENT 1

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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: Lee Wilson Electric Company, Inc.

Kalli Osborne, CEO
PO Box 250
Arroyo Grande, CA 93421

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

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ATTACHMENT 1

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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 “A”, 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 proposals.

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.

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ATTACHMENT 1

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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 Kalli Osborne

Its:____________________________
Attest: (Title)

____________________________
Jessica Matson, City Clerk
Approved As To Form:
_____________________________
Isaac Rosen, City Attorney

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ATTACHMENT 1

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EXHIBIT A
CONTRACTOR’S PROPOSAL

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EXHIBIT B

PAYMENT SCHEDULE
Contractor shall be paid for actual work performed in accordance with Contractor’s Proposal. However, the total compensation paid to Contractor shall not exceed $52,740.

Contractor will invoice City no more than monthly. Each invoice will reference job order, components, and specific services. City shall mail payment for the net amount of uncontested invoices no later than thirty (30) days after receipt of each invoice by the City. Any past due balances under this Agreement shall bear interest at the rate of 1.5 percent per month (18.0 annual percentage rate) on unpaid balances.

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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.

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.

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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.

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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.

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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.

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EXHIBIT D
CITY’S REQUEST FOR PROPOSALS

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REQUEST FOR PROPOSALS
(RFP)

TRAFFIC SIGNAL MAINTENANCE

AND OPERATION SERVICES
Deliver to:

City of Arroyo Grande
1375 Ash Street
Arroyo Grande, CA 93420
Attention: Bill Robeson
Director of Public Works
March 07, 2023

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RFP for Traffic Signal Maintenance and Operation Services Page 1 The City of Arroyo Grande is requesting proposals for Traffic Signal Maintenance and Operation Services. All proposals must be received by the Arroyo Grande Public Works Department at 1375 Ash Street, Arroyo Grande, CA 93420 by 3:00 P.M. on Tuesday, March 27, 2023.

Proposals received after said time will not be considered. To guard against premature opening, each proposal package must be submitted to the Arroyo Grande Public Works Department in a sealed envelope plainly marked with the:

Request Title
Consultant’s Name
Time and Date of the Proposals Opening
Proposals must be submitted using the forms provided in the request. Provide one (1) copy of your proposal package and one (1) Adobe Acrobat Portable Document Format (PDF) file of the proposal on flash drive or compact disk.

Obtaining a Request Package
Download from the City’s Web site:
http://www.arroyogrande.org/Bids.aspx
Questions
Contact Ron Simpson at (805) 473-5488 or [email protected] with any questions regarding this Request for Proposals.

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RFP for Traffic Signal Maintenance and Operation Services Page 2 SECTION A - DESCRIPTION OF WORK ..................................................................................................... 3 SECTION B - GENERAL TERMS AND CONDITIONS ................................................................................ 4 PROPOSAL REQUIREMENTS ................................................................................................................ 4 CONTRACT AWARD AND EXECUTION ................................................................................................. 6 SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS ........................................................ 7 PROPOSAL CONTENT ............................................................................................................................ 7 PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................. 7 SECTION D – BID FORM ……………………………………………………………………………………...…..9 SECTION E- FORMS OF AGREEMENT .................................................................................................. 11 EXHIBIT A – CITY OF ARROYO GRANDE ........................................................................................... 19 SECTION E - PROPOSAL SUBMITTAL FORMS ...................................................................................... 25 ACKNOWLEDGEMENT ......................................................................................................................... 25 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................... 26 REFERENCES ....................................................................................................................................... 27 NON-LOBBYING CERTIFICATION ....................................................................................................... 30 DEBARMENT AND SUSPENSION CERTIFICATION ........................................................................... 30

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RFP for Traffic Signal Maintenance and Operation Services Page 3

SECTION A - DESCRIPTION OF WORK
The City of Arroyo Grande is looking for a contractor/consultant interested in providing Traffic Signal Maintenance and Operation Services at specified intersections within the municipal boundaries of the Cities of Arroyo Grande.

Maintenance
Maintenance goals are as follows:

1. Keep every traffic signal system in effective operation in accordance with its predetermined timing schedule;

2. Check the operation of the controller assembly frequently enough to verify that it is operating in accordance with the predetermined timing schedule; and

3. Maintain a record of all signal maintenance and timing changes.

The following intersections must be reviewed and maintained on a monthly basis:

LIST OF TRAFFIC SIGNALS

1. East Grand Avenue at Elm Street

2. East Grand Avenue at Halcyon Road

3. Halcyon Road at Fair Oaks Avenue

4. East Grand Avenue at Courtland Street

5. East Grand Avenue Pedestrian Crossing

6. Oak Park at James Way (Arroyo Grande - 50%; Pismo Beach - 50%)

7. N. Oak Park Boulevard at El Camino Real (Arroyo Grande - 50%; Grover Beach - 50%)

8. Oak Park at West Branch (Arroyo Grande - 62.5%; Pismo Beach - 37.5%)

9. West Branch Street at Rancho Parkway

10. El Camino Real at Brisco Road

11. West Branch at Town Center Drive

12. Fair Oaks at Valley Road

13. Mason Street at East Branch Street

14. Traffic Way at West Branch Street

15. Traffic Way at Fair Oaks

CONTRACTOR ROUTINE MAINTENANCE RESPONSIBILITY
Monthly Frequency: The Contractor shall perform routine inspection of equipment on a monthly basis, including:

1. Inspect, clean and vacuum cabinets;

2. Clean and vacuum filters and replace as necessary;

3. Inspect and clean all lamps and replace as necessary;

4. Inspect and clean all heads, back plates and visors;

5. Inspect all traffic loops;

6. Check operation of all pedestrian push buttons;

7. Maintain the appearance of the signal displays and equipment;

8. Verify during period of failure traffic signal defaults to flash mode;

9. Check batteries and cabinets; and

10. Complete detailed log entries of all maintenance activities in controller log.

Bi-annual Frequency: The Contractor shall perform and provide documentation of a Conflict Monitor Test every six (6) months. The Contractor will provide the individual agencies a schedule in advance of Conflict Monitor testing. The cost for Conflict Monitor

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RFP for Traffic Signal Maintenance and Operation Services Page 4 testing will be included in the monthly charge and will not be billed separately. Results of the Conflict Monitor Test will be provided to the individual agencies within a month following the test.

Call-out Charges:

Contractor is to respond to all routine calls for service within twenty-four (24) hours and to emergency calls within one (1) hour. Travel time charges for non-routine repairs are limited to no more than one (1) Technician, for no more than a total round-trip charge of two (2) hours, for each separate non-routine service call. All non-routine service calls are to be invoiced on a time and materials basis using the call out rate for business hours and/or after-hours rate. The contractor will document the call-out date and time and the arrival time on the job site for each call-out and will provide this information to the Agency on any and all invoices that include non-routine call-out charges.

General Service Level Expectations
The contractor shall provide:

1. Properly skilled maintenance personnel available without undue delay for all signal malfunctions and signal indication failures;

2. Provide spare equipment to minimize the interruption of traffic control signal operation as a result of equipment failure; and

3. Provide for the availability of properly skilled maintenance personnel for the repair of all components.

Term of the Contract/ Contract Duration
Contract duration is two (2) years. By mutual consent from the individual municipal agencies and the Contractor, the agreement may be extended for two (2) separate two (2) year terms.

SECTION B - GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of the Request for Proposal (RFP). By virtue of its proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP specifications.

2. Proposal Submittal. Proposal must be submitted on the form(s) provided and accompanied by any other required submittals or supplemental materials. The proposal documents must be enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of Arroyo Grande, 1375 Ash Street, Arroyo Grande, CA, 93420. One electronic copy of the proposal shall be submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening, the proposal should be clearly labeled with the request title, request number, name of Consultant, and date and time of proposal opening. No FAX submittals will be accepted.

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RFP for Traffic Signal Maintenance and Operation Services Page 5

3. Submittal of References. Each proposer shall submit a list of three public agency references on the form provided in the RFP package.

4. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in the RFP package.

5. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Public Works for its withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered.

6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consultants submitting proposals.

7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City.

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RFP for Traffic Signal Maintenance and Operation Services Page 6

CONTRACT AWARD AND EXECUTION

8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in Section C for proposal evaluation criteria.

9. Competency and Responsibility of Contractor. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Contractor. Contractor will provide, in a timely manner, all information that the City deems necessary to make such a decision.

10. Contract Requirement. The Contractor to whom award is made (Consultant) shall execute a written contract with the City of Arroyo Grande within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal.

The contract shall be made in the form adopted by the City of Arroyo Grande in this request, without modification.

11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in this request within ten (10) calendar days after notice of contract award as a precondition to contract execution.

12. Business License & Tax. The Contractor must have a valid business license and tax certificate for all Agencies before execution of the contract.

13. Failure to Accept Contract. The following will occur if the Contractor to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled, and an award may be made to the next highest ranked Consultant.

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RFP for Traffic Signal Maintenance and Operation Services Page 7

SECTION C - PROPOSAL CONTENT AND SELECTION PROCESS

PROPOSAL CONTENT

1. Submittal Forms
a. Proposal Form- Section D
b. Acknowledgement- Section E
c. References- Section E
d. Statement of Past Disqualifications- Section E

2. Qualifications
e. Experience of the firm in performing Traffic Signal Maintenance and Operation Services.
f. Experience of the staff to be assigned to this work in performing similar services. g. Redundancy in the company of staff experienced in this type of work. h. Resumes of the individuals who would be assigned to this work. i. Proximity and staffing levels of the nearest company office. j. Statement and explanation of any instances where the firm has been removed from a project or disqualified from proposing on a project. k. Standard hourly billing rates for consultant and sub-consultant staff. l. Detailed list of services available directly from the firm.

3. Work Program
m. Description of your approach to working with Agency staff. n. Services or data anticipated to be provided by the Agency. o. Any other information that would assist us in making this contract award decision.

4. Proposal Length and Copies
p. Proposals should be the minimum length to provide the required information, but not more than twenty (20) pages. Charts and other short form approaches to conveying information are encouraged.
q. One (1) copy of the proposal must be submitted.
r. One (1) Adobe Acrobat PDF electronic copy.

PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:

5. Written Proposal Review/Finalist Candidate Selection Evaluation of the proposals will be based on the following qualifications:

1. Responsiveness to RFP;

2. Quantity, quality and relevance of the firm’s experience and resources;

3. References; and

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4. Cost of services provided.

Proposals will be reviewed by a selection committee and ranked in accordance with the above criteria. Where one or more proposals are rated consistently higher than others, the consultants may be selected as the top ranked consultants for purposes of contract negotiation.

5. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:

Issue RFP ...................................... March 07, 2023 Receive proposals ......................... March 27, 2023 Complete proposal evaluation ....... March 31, 2023
Award contract .................................. April 11, 2023

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RFP for Traffic Signal Maintenance and Operation Services Page 9 SECTION D – PROPOSAL FORM – Page 1

LIST OF TRAFFIC SIGNALS

CITY OF ARROYO GRANDE PER MONTH FACTOR TOTAL
con

1. East Grand Avenue at Elm Street ________ x 1 ________

2. East Grand Avenue at Halcyon Road ________ x 1 ________

3. Halcyon Road at Fair Oaks Avenue ________ x 1 ________

4. East Grand Avenue at Courtland Street ________ x 1 ________

5. East Grand Avenue Pedestrian Crossing ________ x 1 ________

6. Oak Park at James Way ________ x .5 ________

7. N. Oak Park Boulevard at El Camino Real ________ x .5 ________

8. Oak Park at West Branch ________ x .625 ________

9. West Branch Street at Rancho Parkway ________ x 1 ________

10. El Camino Real at Brisco Road ________ x 1 ________

11. West Branch at Town Center Drive ________ x 1 ________

12. Fair Oaks at Valley Road ________ x 1 ________

13. Mason Street at East Branch Street ________ x 1 ________

14. Traffic Way at West Branch Street ________ x 1 ________

15. Traffic Way at Fair Oaks ________ x 1 ________
MONTHLY SUB-TOTAL _________
HOURLY CALL-OUT RATE- ONE TECHNICIAN (business hours) _________ HOURLY CALL-OUT RATE- ONE TECHNICIAN (After-hours @ 1.5) _________ HOURLY CALL-OUT RATE- VEHICLE CHARGE (All-hours) _________ (NOTE: THE MONTHLY SUB-TOTAL ARE TO BE TRANSFERRED TO PAGE TWO (2) OF THE BID

FORM BELOW)

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RFP for Traffic Signal Maintenance and Operation Services Page 10 SECTION D – BID FORM – Page 2
CITY OF ARROYO GRANDE MONTHLY SUB-TOTAL ___________
TOTAL MONTHLY COST- A. ___________
HOURLY CALL-OUT RATEONE TECHNICIAN (After-hours @ 1.5) X 3 hours= B. ___________ HOURLY CALL-OUT RATEVEHICLE CHARGE (All-hours) X 3 hours= C. ___________ TOTAL BID AMOUNT*: ___________
(Add lines A. B. and C.)
*- Total monthly cost and the total cost of a three hour After-hours @ 1.5, Nonroutine Call-out.

NOTES:
 Contract award is not solely based on cost. However, an evaluation based on total monthly cost and the total cost of a three-hour after-hours, nonroutine call-out will be utilized for comparison purposes.  Contractors are responsible to submit a list along with the Section D Proposal Form of any hourly charges for equipment or other specialized vehicles that may be charged for non-routine Call-outs.

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RFP for Traffic Signal Maintenance and Operation Services Page 11 SECTION E.a – SAMPLE FORM OF AGREEMENT (City of Arroyo
Grande)

CITY OF ARROYO GRANDE

AGREEMENT FOR CONSULTANT SERVICES
This AGREEMENT FOR CONSULTANT SERVICES (“Agreement”), is made and effective as of 2023, between
(“Consultant”), 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 ______________, 2023 and shall remain and continue in effect until ___________, 2025 unless sooner terminated pursuant to the provisions of this Agreement. This Agreement may be extended for two (2) additional two (2) year periods after the Initial Term upon written agreement by City and Consultant. All terms and conditions of this Agreement shall apply to any additional two (2) year terms.

2. SERVICES
Consultant shall perform the tasks described and comply with all terms and provisions set forth in the City’s Request For Proposals, Exhibit “A” and Consultant’s Proposal, Exhibit “B”, and attached hereto and incorporated herein by this reference.

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

4. AGREEMENT ADMINISTRATION
The Director of Public Works shall represent City in all matters pertaining to the administration of this Agreement. ____________________ shall represent Consultant in all matters pertaining to the administration of this Agreement.

5. PAYMENT
The City agrees to pay the Consultant in accordance with the payment rates and terms set forth in Consultant’s Proposal, Exhibit “B”, attached hereto and incorporated herein by this reference. The Consultant must correct any errors or omissions to work at no additional cost to the City.

6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE

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RFP for Traffic Signal Maintenance and Operation Services Page 12 (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 Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant 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 Consultant 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 Consultant 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 Consultant’s business; or
(c) Assignment of this Agreement by Consultant without the consent of City. (d) End of the Agreement Initial Term specified in Section 1, unless otherwise extended.

8. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant 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 Consultant a written notice of the default. The Consultant 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 Consultant 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.

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9. LAWS TO BE OBSERVED. Consultant 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 Consultant 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 Consultant’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 Consultant to comply with this Section.

10. OWNERSHIP OF DOCUMENTS
(a) Consultant 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. Consultant 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. Consultant 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 five (5) 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 Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’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. Upon request by City, Consultant shall make available all work papers and reports to any successor auditor in a timely manner.

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11. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant 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 Consultant, its officers, agents, employees or subcontractors or any entity or individual that Consultant 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, Consultant 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 Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
(c) General Indemnification Provisions. Consultant 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 Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant 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 Consultant and shall survive the termination of this agreement or this section..

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

13. INDEPENDENT CONSULTANT
(a) Consultant is and shall at all times remain as to the City a wholly independent Consultant. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except

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RFP for Traffic Signal Maintenance and Operation Services Page 15 as set forth in this Agreement. Consultant 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. Consultant 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 Consultant in connection with performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

14. UNDUE INFLUENCE
Consultant 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 Consultant, or from any officer, employee or agent of Consultant, 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.

16. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, 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 Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for

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RFP for Traffic Signal Maintenance and Operation Services Page 16 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 Consultant and/or be present at any deposition, hearing, or similar proceeding.

Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. 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.

To City: City of Arroyo Grande
Director of Public Works
300 East Branch Street
Arroyo Grande, CA 93420
To Consultant: ____________________________
____________________________
____________________________
____________________________
____________________________

18. ASSIGNMENT
The Consultant 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 Consultant 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.

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RFP for Traffic Signal Maintenance and Operation Services Page 17 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 Consultant agree that time is of the essence in this Agreement. Time constraints are selection factors on individual service request. The consultant must start work within two weeks from receipt of a written authorization to proceed unless an alternate timeframe has been agreed upon. The City expects the work to be actively pursued until complete.

22. CONTENTS OF REQUEST FOR PROPOSAL
Consultant is bound by the contents of the City’s Request for Proposals, Exhibit “A”, attached hereto and incorporated herein by this reference, and the contents of the proposal submitted by the Consultant 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 proposals.

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 Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

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RFP for Traffic Signal Maintenance and Operation Services Page 18 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF ARROYO GRANDE CONSULTANT
By:__________________________ By:____________________________ Caren Ray Russom, Mayor
Its:____________________________
Attest: (Title)
____________________________
Jessica Matson, City Clerk
Approved As To Form:
_____________________________
City Attorney

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RFP for Traffic Signal Maintenance and Operation Services Page 19 EXHIBIT A - CITY’S REQUEST FOR PROPOSALS

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RFP for Traffic Signal Maintenance and Operation Services Page 20 EXHIBIT B - CONSULTANT’S PROPOSAL

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RFP for Traffic Signal Maintenance and Operation Services Page 21 EXHIBIT C – INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant 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.

Consultant shall provide the following types and amounts of insurance:

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 Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant 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 Consultant, 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 per occurrence.

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RFP for Traffic Signal Maintenance and Operation Services Page 22 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.

General conditions pertaining to provision of insurance coverage by Consultant.

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

1. Consultant 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. Consultant also agrees to require all Consultants, and subcontractors to do likewise.

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

3. All insurance coverage and limits provided by Consultant 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.

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant 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.

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RFP for Traffic Signal Maintenance and Operation Services Page 23 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 Consultant or deducted from sums due Consultant, at City option.

8. The insurer will provide 30 days notice to City of any cancellation of coverage.

9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant 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.

Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

11. Consultant 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 Consultant, 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 Consultant’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 Consultant, which may include reduction or elimination of the deductible or selfinsured 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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increase benefit to City.

14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant 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. Consultant 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

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RFP for Traffic Signal Maintenance and Operation Services Page 24 reason. Termination of this obligation is not effective until City executes a written statement to that effect.

16. Consultant 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 Consultant’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 Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.

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.

21. Consultant 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 Consultant 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. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant 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.

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RFP for Traffic Signal Maintenance and Operation Services Page 25 S

CITY OF ARROYO GRANDE

SECTION F - PROPOSAL SUBMITTAL FORMS

ACKNOWLEDGEMENT
The undersigned declares that she or he:
 Has carefully examined this Request for Proposals
 Is thoroughly familiar with its content
 Is authorized to represent the proposing firm; and
 Agrees to perform the work as set forth in the specification and this proposal.

Firm Name and Address:

Contact Name:

Email: Fax: Phone:

Signature of Authorized Representative: Date:

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RFP for Traffic Signal Maintenance and Operation Services Page 26

STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.

Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.

Executed on ______________________at
_______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________
Signature of Authorized Consultant Representative

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RFP for Traffic Signal Maintenance and Operation Services Page 27

REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present business name: _________ Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services

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RFP for Traffic Signal Maintenance and Operation Services Page 28 Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services

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RFP for Traffic Signal Maintenance and Operation Services Page 29 Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services

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RFP for Traffic Signal Maintenance and Operation Services Page 30

NON-LOBBYING CERTIFICATION
The prospective participant certifies by signing and submitting this bid or proposal to the best of his or her knowledge and belief that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

DEBARMENT AND SUSPENSION CERTIFICATION
The Consultant certifies under penalty of perjury under the laws of the State of California, that the Consultant has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer or manager, is not currently under suspension, debarment , voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency with the past three years; does not have a proposed debarment pending, and has not been indicted, convicted or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Any exception to this certification must by disclosed to the City. Exception will not necessarily result in denial of recommendation for award, but will be considered in determining the Consultants responsibility. Disclosures must indicate to who exceptions apply, initiating agency and dates of action.

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RFP for Traffic Signal Maintenance and Operation Services Page 31 Do you have any exceptions as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.

Executed on ______________________at
_______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct.

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ATTACHMENT 2

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Item 9.f.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shane Taylor, Utilities Manager
SUBJECT: Consideration of a Purchase Order for (1) New Air Compressor; and Declaration of PW-243 - 1989 Air Compressor as Surplus
DATE: April 25, 2023
SUMMARY OF ACTION:

Authorize a Purchase Order in the amount of $28,160.82 for the purchase of a new air compressor to replace the existing air compressor PW-243, find that the Purchase Order for the specific equipment is unique because of its quality, durability, availability and fitness for the contemplated use; and declare PW-243 as surplus property.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

A total of $30,000 is budgeted in the Fiscal Year 2022-23 budget for the purchase of this compressor. The purchase is split 50/50 between the Street and Water Department Budgets.

RECOMMENDATION:
1) Approve a purchase order for the purchase of a new air compressor and find that the Purchase Order for the specific equipment is unique because of its quality, durability, availability and fitness for the contemplated use; 2) Declare PW-243 - 1989 Air Compressor as surplus; 3) Determine that approving a purchase order for a new air compressor is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:

A Compliance Agreement was approved on February 17, 2017, with the San Luis Obispo County Air Pollution Control District to settle a Notice of Violation for operation of City owned, portable Tier 0 diesel fueled engines after December 31, 2016 (Attachment 1).

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Item 9.f.

City Council
Consideration of a Purchase Order for (1) New Air Compressor; and Declaration of PW-243 - 1989 Air Compressor as Surplus
April 25, 2023

Page 2 ends

Per this agreement, the Ingersoll-Rand air compressor PW-243 shall not be operated after December 31, 2023, or after 200 additional hours commencing on December 31, 2016, whichever comes sooner. The current hour meter shows an additional 20 hours of use since 2017.

ANALYSIS OF ISSUES:

The current air compressor does not meet the California Airborne Toxic Control Measure for Portable Compression Ignition Engines (17 CCR93116), California Health & Safety Code Section 42301 and San Luis Obispo County Air Pollution Control District Rule 206.

The APCD settled the Notice of Violation Number 3001 with the City with no civil penalty, but with a Compliance Agreement concerning (3) engines. In that Agreement, PW-243 requires replacement after December 31, 2023.

The existing air compressor needs to be declared surplus property and removed from service by the end of 2023. Out of the three bids that were submitted, Quinn/CAT Equipment was the lowest bidder at $28,160.82 (Attachment 2). One of the vendors that submitted a bid could not estimate a delivery date and another anticipated a delivery date past the end of 2023.

ADVANTAGES:

Purchase of the new air compressor will complete the requirements of the Compliance Agreement with the APCD. Additionally, this Purchase Order for the specific equipment is unique because of its quality, durability, availability, and fitness for the contemplated use.

DISADVANTAGES:

An expenditure of $30,000 is required to purchase a new air compressor.

ALTERNATIVES:

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

1. 1) Authorize a Purchase Order in the amount of $28,160.82 for the purchase of a new air compressor to replace the existing air compressor; and 2) Declare PW243 -1989 Air Compressor as surplus;

2. Do not approve the Purchase Order; or

3. Provide other direction to staff.

ENVIRONMENTAL REVIEW:

Approving a purchase order for a new air compressor is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

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Item 9.f.

City Council
Consideration of a Purchase Order for (1) New Air Compressor; and Declaration of PW-243 - 1989 Air Compressor as Surplus
April 25, 2023

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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. Compliance Agreement from APCD

2. Sales Quote from Quinn

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Air Pollution Control District
San Luis Obispo County

CERTIFIED MAIL
February 6, 2017
Geoff English
City of Arroyo Grande
300 East Branch St.

Arroyo Grande, CA 93420
SUBJECT: San Luis Obispo County Air Pollution Control District Revised Compliance Agreement for Notice of Violation Number 3001
Dear Mr. English:

Per our conversation, your revised mutual settlement is below. Operation of three City owned, portable Tier O diesel fueled engines after December 31, 2016 is in violation of the California Airborne Toxic Control Measure for Portable Compression Ignition Engines (17 CCR 93116), California Health & Safety Code section 42301 and San Luis Obispo County Air Pollution Control District Rule 206, Conditional Approval.

For this level of infraction, California Health and Safety Code Section 42402.a specifies a civil penalty of up to $1,000.00 per day for each day of violation. However, in determining the amount of penalty appropriate to this specific violation, several factors required by the Health and Safety Code were taken into consideration. These factors include, but are not limited to, the severity and duration of the violation, the frequency of past violations, the degree and speed of corrective action, if any, taken by the violator, and the economic benefit, if any, gained as a result of the violation.

The Air Pollution Control District is willing to settle the violation with no civil penalty, but with a Compliance Agreement as set forth below.

1. No civil penalty.

2. Release of the alleged violator(s) from any and all claims for civil or criminal penalties arising out of the incident referred to in the above Notice of Violation.

3. The District reserves the right to rely upon the alleged violation and may offer proof thereof in connection with any petition for a variance, permit revocation, or abatement order before the District Hearing Board or in connection with the determination of the appropriate penalty in the event similar Notices of Violation are issued in the future.

4. The settlement shall not constitute an admission of liability nor shall any such admission be inferred in any administrative or judicial proceeding.

5. The City of Arroyo Grande will take the following corrective action and observ_e the following conditions:

A. The engines listed below shall not be operated after December 31, 2023, or after 200 additional hours commencing on December 31, 2016, whichever comes sooner.

Portable engines for city construction and maintenance activities consisting of: � i. Green waste grinding: One 76 hp Cummins Model 483.9, Serial Number 44494987, Tier 0 diesel, low use or emergency use; hour meter = 3081.1 hours on December 14, 2016. r 805.781.5912 , 805. 781.1002 w slocleanair.org 3433 Roberto Court, San Luis Obispo, CA 93401 ATTACHMENT 1

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ATTACHMENT 2

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Item 9.g.

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: April 25, 2023
SUMMARY OF ACTION:

The update reports the City’s total water supply and demand for March 2023. 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 State 1 Water Shortage Emergency; and implementing emergency water conservation measures and restrictions because of the extreme drought conditions.

On March 28, 2023, City Council adopted a Resolution rescinding the declaration of a Stage 1 Water Shortage Emergency and related water shortage restrictions and penalties.

The City of Arroyo Grande’s water entitlements are calculated on a water year that begins April 1st. The current water supply for water year 2023/2024 includes 2,290 Acre Feet from Lopez Reservoir, 1,323 Acre Feet of groundwater entitlement from the Santa Maria River Groundwater Basin, and 160 Acre Feet from the City’s wells that draw from the Pismo formation. An additional amount of surplus water will be declared by the San Luis Obispo Flood Control and Water Conservation District (District) next month. The surplus water, which will be unused downstream release water, will be made available to all agencies based on their project share. The share for Arroyo Grande is 50.5% and this amount will also be placed into storage.

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Item 9.g.

City Council
Monthly Water Supply and Demand Update
April 25, 2023

Page 2 ends

The predicted water use for the 2023/2024 water year is 2,200 Acre Feet.

In March 2023, the City’s water use was 108.9 Acre Feet with a per capita use of 64 gallons per day/per person. The residential capita use was 51 gallons per day/per person.

There was a total of 9.1 inches of rainfall in the City in March 2023.

ANALYSIS OF ISSUES:

The United States Drought Monitor, as of April 14, 2023, shows San Luis Obispo County not in a drought. Rainfall to date for the period of July 1, 2022, through April 14, 2023, is

29.75 inches at the Corporation Yard rain gauge. Lopez Lake, as of April 14, 2023, is at 100.5% capacity, or 49,628 Acre Feet.

The 2022/2023 water year ended on March 31, 2023. Lake Lopez began a continuous spill on March 23, 2023. The spill period from March 23, 2023, to March 31, 2023, resulted in 6,071 Acre Feet of spilled water, of which 775 Acre Feet was Arroyo Grande stored water. All district stored water was lost during this spill period. As a result, all project water deliveries are waived during a spill and not charged towards entitlements. Total Lopez deliveries to Arroyo Grande for the 2022/2023 water year was 1,634.8 Acre Feet, which leaves 655.2 Acre Feet of unused entitlement that will be put into storage.

The deep well index for the First Quarter of 2023 was completed on February 7, 2023, and is 10.58 feet above sea level, which is 3.08 feet above the 7.5 threshold value. The current deep well index is 4.70 feet higher than October 2022 and 1.22 feet higher than January 2022.

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:

The report provides the City Council and the public with the current and projected conditions of our water supply and demand.

DISADVANTAGES:

No disadvantages noted at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

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Item 9.g.

City Council
Monthly Water Supply and Demand Update
April 25, 2023

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Attachments:

1. Lopez Monthly Operations Report for March 2023

2. Lopez Reservoir Storage Projection

3. Yearly Water Use Comparison

4. Monthly Monitoring Report for March 2023

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Attachment 1

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Attachment 2

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Attachment 3

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Attachment 4

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Item 11.a.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
SUBJECT: Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a Potential Contract for Fire and Emergency Response Services with the OCSD, and Receive and File the FCFA Final Organizational Assessment Report completed by Baker Tilly DATE: April 25, 2023
SUMMARY OF ACTION:

Review and provide direction regarding the draft Amended and Restated Joint Powers Agreement of the Five Cities Fire Authority (FCFA), which will govern the FCFA following the exit of the Oceano Community Services District (OCSD) from the FCFA effective June 30, 2023. Consider and provide direction regarding potential terms for a future fire and emergency services contract between the FCFA and the OCSD, and receive and file the final organizational assessment report completed by Baker Tilly.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

It is estimated that the City’s costs for fire and emergency services will increase significantly as a result of the OCSD’s exit from the FCFA and the effects of static funding amounts from the three current parties to the FCFA since fiscal year 2019-20. Baker Tilly’s final report (Attachment 2) estimates that the City’s financial contributions to the FCFA will need to increase from $2,580,955 in Fiscal Year 2022-23 to $3,796,000 in Fiscal Year 2023-24. This amount assumes that a contract for fire and emergency response service is approved between the FCFA and the OCSD, which would require a payment of $1,211,000 from the OCSD for service through June 30, 2024.

RECOMMENDATION:
1) Consider and provide direction regarding the draft Amended and Restated Joint Powers Agreement for the Five Cities Fire Authority; 2) Discuss and provide direction regarding preferred terms for a potential contract for service between the FCFA and the OCSD for future fire and emergency response service past June 30, 2023; and 3) Receive and file the final report from Baker Tilly providing an organizational assessment of the FCFA.

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Item 11.a.

City Council
Consider a Draft Amended and Restated JPA of the FCFA, Discuss Terms for a Potential Contract for Fire and Emergency Response Services with the OCSD, and Receive and File the FCFA Final Organizational Assessment Report completed by Baker Tilly
April 25, 2023

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BACKGROUND:

The Five Cities Fire Authority (FCFA) was formed on July 9, 2010, through a Joint Exercise of Powers Agreement (JPA) entered into by the City of Arroyo Grande (City), the City of Grover Beach, and the Oceano Community Services District (OCSD). The FCFA is a consolidation of three individual fire departments, operating out of the three existing member community fire stations. Together, the FCFA provides integrated and efficient fire and emergency medical services to the three communities, serving approximately 40,000 residents.

In 2017, the FCFA Board of Directors adopted a five-year Strategic Plan. The Strategic Plan outlines the investments that were deemed necessary to replace obsolete capital equipment, including fire engines and self-contained breathing apparatus, and to provide staffing levels needed to ensure appropriate levels of service for the three member agencies.

In June 2019, an amendment to the Joint Exercise of Powers Agreement (Second Amendment1) was approved that altered the funding formula used to determine each member community’s share of the FCFA’s costs and ensure funding consistent with the Strategic Plan. These alterations would go into effect if OCSD was successful in passing a special tax measure in 2020 to raise additional revenue for its fire and emergency service costs. The Second Amendment also identified a defined “wind-down” process and timeline should the OCSD ballot measure fail or should a member community leave the JPA or the JPA be dissolved.

As required under the Second Amendment, OCSD placed a special tax measure on the March 2020 ballot. Although over 66% of Oceano voters supported the measure, it fell 10 votes short of the 66.67% necessary to enact the special tax and the measure failed. As proposed, the special tax measure would have raised approximately $422,000 annually for the OCSD to use for emergency and fire services to the Oceano community. This amount would have increased up to 2% annually.

Following the outcome of the OCSD’s 2020 ballot measure, the parties approved a Third Amendment to the JPA in July 2020. Under the terms of the Third Amendment, the FCFA has been required to operate under a flat budget, with contributions from the three member agencies remaining static since Fiscal Year 2019-20 at $2,580,955 for Arroyo Grande, $2,015,115 for Grover Beach, and $1,138,148 for Oceano.

The Third Amendment also required the OCSD to place a new special tax measure on the ballot for the primary election occurring in 2022. If the measure passed, the new

1 The First Amendment was a Memorandum of Agreement approved in May 2018, which was intended to facilitate a negotiation of the existing cost sharing methodology in light of the increased investment called for in the Strategic Plan.

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funding formula set forth in the Second Amendment to the JPA would take effect on July 1, 2022. If the 2022 ballot measure failed, the City’s costs would remain at their current levels through a one-year wind down period (and related work program) that would result in the OCSD no longer being a part of the JPA, effective June 30, 2023.

Measure A-22 was placed on the ballot in Oceano by OCSD in June 2022, as required under the Third Amendment. Measure A-22 failed to gather a two-thirds majority vote, with the final results certified on July 7, 2022. With the failure of Measure A-22, the Third Amendment states that the OCSD will cease to be a member of the JPA effective June 30, 2023. The period between certification of the June 2022 election results and June 30, 2023, is defined as the wind-down period. During this time, the Cities of Arroyo Grande and Grover Beach are negotiating a new, or modified, JPA and maintain the right to use the trademark name of “Five Cities Fire Authority.” The work program elements of the wind down process include:
 A determination as to the distribution of equipment and physical assets by October 1, 2022 (effective June 30, 2023).
 An estimate as to the distribution of debt, employment liability, pension/PERS and other post-employment obligations by February 1, 2023 (effective June 30, 2023).  An estimate as to the distribution of all other assets by March 1, 2023 (effective June 30, 2023).

A summary of the wind down process was shared with the FCFA Board of Directors on July 15, 2022, and with the City Council on August 9, 2022. The FCFA Managers Group, comprised of the Fire Chief, the City Managers of Arroyo Grande and Grover Beach, and the OCSD General Manager, have been meeting regularly to oversee the implementation of the wind-down process. FCFA staff has completed the required inventory identification and equipment valuation and has engaged an actuary to carry out the necessary analysis of pension liabilities. To date, a list of equipment and assets has been developed and the FCFA’s actuary has determined the estimated post-employment obligations of the member agencies.

It is anticipated that an agreement will be prepared to clearly delineate the OCSD’s ongoing payment obligations to address its share of the FCFA’s post-employment liabilities following its exit from the FCFA. This agreement will include the method that the OCSD’s share of liabilities will be calculated, as well as payment options and requirements. Staff for the three agencies will prepare this agreement and present it to their respective governing bodies for review and approval prior to June 30, 2023.

The OCSD has submitted an application to the Local Area Formation Commission (LAFCo) to divest itself of its fire and emergency service powers effective June 30, 2023.

Through the LAFCo process, OCSD is requesting that the County of San Luis Obispo

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(County) take over fire and emergency service responsibilities to the Oceano community, which will require all of the parties to the divestiture application (the County, OCSD, and LAFCo) to approve a plan of service. Due to the shortness of time before OCSD is required to leave the FCFA, it is anticipate that the cities of Arroyo Grande and Grover Beach will be requested to consider terms for a potential agreement for the FCFA to continue providing services to Oceano during the completion of the LAFCo process.

In addition to the wind down process, there has been a separate process underway between the remaining FCFA member agencies (cities of Grover Beach and Arroyo Grande) to evaluate the desired level of fire and emergency medical services and funding needs in the respective communities. Given the significance of this issue and potential costs involved, the Arroyo Grande and Grover Beach City Managers engaged an outside consultant (Baker Tilly) in October 2022 to conduct an analysis of fire services for the two cities and provide service and funding recommendations. The Baker Tilly team working on this project has extensive experience in fire services and was led by Rick Haydon, former City Manager in Santa Maria. Mr. Haydon is familiar with the local area and was also completing an organizational assessment of Grover Beach services. There were several other members of the Baker Tilly team, including Larry Waterhouse, a former fire chief in several cities in Southern California. Baker Tilly was chosen given their work with service reviews elsewhere within the Central Coast and their ability to complete this study by early 2023 to inform decisions by the two cities.

Baker Tilly’s scope included a service level analysis, staffing deployment options, fiscal analysis, and review of alternative service models and governance structure. This work included reviewing the financial impacts of OCSD’s departure from FCFA, including its current funding contribution and whether it would be beneficial for FCFA to provide fire service to Oceano under a contractual fee-for-service arrangement. Baker Tilly interviewed numerous individuals including former FCFA Board members, City Managers/OCSD General Manager, FCFA command staff, FCFA firefighters’ union representatives, and others. The consulting team also reviewed numerous documents, including the Joint Powers Agreement, FCFA strategic planning materials, budgets and CalPERS information, service call data, budget information from the two cities, and other documents.

Baker Tilly completed its assessment and provided a presentation to the City Council on February 28, 2023, summarizing its recommendations for sustainable and responsive fire and emergency medical services, as well as the anticipated costs of service for both Grover Beach and Arroyo Grande. Baker Tilly provided a similar presentation to the Grover Beach City Council on February 27, 2023. Following the presentation, Baker Tilly completed a full written report that is available for review and consideration (Attachment 2). The financial analyses completed by Baker Tilly are being used by both Arroyo Grande

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and Grover Beach to prepare their upcoming biennial budgets for Fiscal Years 2023-25.

The findings and recommendations of the report were also used to develop a new proposed Joint Powers Agreement between the cities of Arroyo Grande and Grover Beach that will govern the FCFA following the OCSD’s exit on June 30, 2023.

ANALYSIS OF ISSUES:

Draft Amended and Restated JPA
In light of the required exit of the OCSD from the FCFA and the recommendations of Baker Tilly, the City Managers of Arroyo Grande and Grover Beach conducted research regarding other potential two-member fire agencies and their respective governing models. Three examples were identified, specifically, the Central Marin Fire Authority, operating in the City of Larkspur and the Town of Corte Madera (Central Marin), the Central County Fire Department, operating in the cities of Burlingame and Hillsborough (Central County) and providing contract service to the City of Millbrae, and the LivermorePleasanton Fire Department (Livermore-Pleasanton), operating in the cities of Livermore and Pleasanton. All three examples are operated as joint powers authorities and are governed by four-person boards made up of two elected members of each of the city’s councils. Under all three examples, the Fire Chief reports to one or both of the city managers of the member cities. All three joint powers agreements include dispute resolution provisions requiring mediation in the event of a conflict between the two agencies.

Table 1 below summarizing the pertinent terms of the Central Marin, Central County, and Livermore-Pleasanton examples:

Table 1
Agency JPA Members Board Executive
Management
Cost
Allocation
Central
Marin Fire
Authority
 City of
Larkspur
 Town of
Corte
Madera
 4-member
Fire Council
made up of 2
members of
each
agency’s
council
 One vote
required from
each
city/town to
 Management
Committee
made up of
the
City/Town
Managers of
each party
 In practice,
one
City/Town
Manager acts
as CEO for
 50/50 split of
all costs

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approve any
item
signatory
purposes and
rotates this
role based on
which agency
the Chair is
from at that
time
 Fire Chief
reports to
Management
Committee,
which
appoints the
Chief
Central
County Fire
Department
 City of
Burlingame
 City of
Hillsborough
 4-member
Board made
up of 2
members of
each
agency’s
council
 One vote
required from
each city to
approve any
item
 Chief
Administrative
Officer, which
is one of the
two City
Managers
and which
rotates based
on which
agency the
Board Chair
is from for
that time
 In practice,
CAO confers
with the city
manager of
the other city
before
making
substantive
decisions
 Fire Chief
reports to the
CAO, who
 All costs
and
revenues
split 60/40,
with 60%
allocated to
Burlingame
and 40% to
Hillsborough

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appoints the
Chief
LivermorePleasanton
Fire
Department
 City of
Livermore
 City of
Pleasanton
 4-member
Board made
up of 2
members of
each
agency’s
council
 Majority vote
required to
take action
 Impasse
matters may
be submitted
to the two city
councils,
which will
consider the
matter
independently
first, and, if
still at
impasse, then
consider the
matter at a
joint meeting
of the two city
councils
 Joint
Executive
Directors
consisting of
the two city
managers of
each city
 Policy
establishes
the powers
that must be
exercised and
the decisions
must be
made jointly,
and which
may be
exercised and
made by one
of the Joint
Executive
Directors with
notice to the
other
 Fire Chief
reports to the
Joint
Executive
Directors,
who appoint
the Chief
 Cost
allocation
plan lists
category of
costs
 Costs split
differently
depending
on category
 Most costs
split 50/50,
except for a
portion of
suppression
costs and
postemployment
liability
costs
After speaking with representatives from the example agencies described above, the City Managers for Arroyo Grande and Grover Beach determined that the models employed by the Central County and Central Marin agencies provide an appropriate starting point for a new JPA for the FCFA given their similar sizes and services. A draft amended and restated JPA has been prepared by the Arroyo Grande and Grover Beach City Attorneys and staff using the models described above and incorporating the feedback received from

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the City Councils on February 27 and 28, 2023, with input by the Fire Chief and legal counsel to the FCFA.

The draft Amended and Restated JPA for the FCFA provided in Attachment 1 includes the following key terms:
 Governing Board
o Two representatives from each city council, which may include the mayors; o Chair and Vice Chair positions will be held by one representative of each City for a term of one year;
o A rotational schedule for the Chair and Vice Chair will be established by Board bylaws or other FCFA policy;
o At least quarterly meetings of the Board;
o Any action of the Board requires the affirmative vote of at least one member of the Board from each City.
 Executive Management
o A Management Committee made up of the City Manager of each City will be responsible for the executive management of the FCFA; o The Fire Chief will report to the Management Committee, which will be responsible for hiring the Chief;
o A Chief Executive Officer (CEO) will be responsible for carrying out the direction of the Management Committee and act as signatory on items requiring approval of the Committee, such as contracts. The CEO will be the City Manager who is from the city holding the position of Board Chair and will rotate on the same schedule as the Board Chair.  Dispute resolution - New dispute resolution provisions have been added requiring mediation and, if mediation is not successful, arbitration of any disputes that cannot be resolved informally.
 Legal Counsel – The revised JPA includes a provision stating that the FCFA Board may retain legal counsel to represent the FCFA. It is anticipated that the FCFA will retain independent legal counsel in the near future.
 Retention of Existing Terms – A number of existing terms from the current FCFA JPA have been carried forward, including:
o Personnel and Administration – All FCFA employees will continue to be deemed employees of Arroyo Grande, utilizing the City’s current CalPERS contract. Arroyo Grande will continue to provide administrative services to the FCFA, the cost of which will continue to be reimbursed by the FCFA. o Ownership and Maintenance of the Fire Stations – The cities will continue own and maintain the fire stations within their respective jurisdictions.  Exhibits – The current exhibits to the JPA have been updated and revised as follows:

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o Exhibit A, Administrative Services – This exhibit has been updated to add a description of IT services, which have been and will continue to be provided by Arroyo Grande, and to remove the previous description of legal services to the FCFA, which are intended to be provided by an independent attorney that will be appointed by the Board, rather than by either City Attorney as discussed in the current agreement.
o Exhibit B, Funding Formula – This exhibit has been updated to include a revised cost sharing structure that excludes the OCSD. Under the new proposed formula, all costs are proposed to be split 58/42, with Arroyo Grande responsible for 58% and Grover Beach responsible for 42%. A more detailed discussion of this proposal is included below. o Exhibit C, Inventory of Equipment – This exhibit has been revised to include the current list of equipment and apparatus that are owned separately by either Arroyo Grande or Grover Beach.
o Exhibit D, Map of FCFA Service Area – The map of the FCFA’s service area has been revised to include the city boundaries of Arroyo Grande and Grover Beach only.

With the exit of the OCSD from the FCFA, a revised funding formula and cost sharing arrangement is also necessary to account for the loss of a funding partner. Under the current formula, costs are allocated as follows:

1. One third (33.33%) of costs shall be assessed among the Parties in proportion to the population of each Jurisdiction as most recently determined by the U.S. Census and any intervening estimates prepared by the California Department of Finance when the Fire Chief prepares each annual budget.

2. One third (33.33%) of costs shall be assessed among the Parties in proportion to the number of annual service calls, calculated on a threeyear rolling average in each Jurisdiction as most recently determined when the Fire Chief prepares each annual budget.

3. One third (33.33%) of costs shall be assessed among the Parties in proportion to the number of fire stations and personnel located in each Jurisdiction.

If this same formula is used going forward, costs would be allocated for the next fiscal year as follows:

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COST

ALLOCATION
FACTORS Weighting
Population: FY20 FY21 FY22 FY20 FY21 FY22 33.33%
Arroyo Grande 18,335 18,553 18,294 58.97% 59.03% 59.01% 59.00% Grover Beach 12,755 12,879 12,707 41.03% 40.97% 40.99% 41.00% Total 31,090 31,432 31,001 100.00% 100.00% 100.00% 100.00% Calls for Service: 2020 2021 2022 FY19 FY20 FY21 33.33% Arroyo Grande 1,964 2,125 2274 63.36% 64.58% 63.89% 63.94% Grover Beach 1,077 1,201 1300 36.64% 35.42% 36.11% 36.06% Total 3,041 3,326 3,574 100.00% 100.00% 100.00% 100.00% Station Staffing: 2020 2021 2022 F22 F23 F24 33.33%
Arroyo Grande 3 3 3 50.00% 50.00% 50.00% 50.00%
Grover Beach 3 3 3 50.00% 50.00% 50.00% 50.00%
Total 6 6 6 100.00% 100.00% 100.00% 100.00%
The third factor included in the current formula (station staffing) was originally intended to account for differences in the number of permanent, full-time fire fighters at each station as the FCFA’s volunteer fire fighters were replaced with new full-time staff. As Arroyo Grande and Grover Beach shifted to all full-time fire fighters at their respective stations years ago when the cities increased funding to the FCFA, this last factor is less relevant for future cost allocations between the two parties. However, simply removing the third factor and allocating costs using the other two factors weighted equally would increase Arroyo Grande’s share to 61.52%, which is almost four percentage points more than would otherwise occur if the third factor is included and weighted at 33.33%. Importantly, the Cost Allocation Share total identified above, which includes the third factor and allocates 57.68% of the total costs to Arroyo Grande, was used by Baker Tilly in its cost estimates included in Attachment 2 and these cost estimates have been used for preliminary budget preparations by the two cities. Additionally, given the concerns regarding Station 3 that are identified in Baker Tilly’s final report (Attachment 2), it is Funding
Cost Allocation Share:* Formula
Arroyo Grande 57.68%
Grover Beach 42.32%
Total 100.00%

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possible that staff may need to be relocated to Station 1 at some point in time, which will complicate calculation of the station staffing factor.

Based on all of these considerations, the current draft amended agreement proposes a simplified approach that would allocate 58% of all costs to Arroyo Grande and 42% of all costs to Grover Beach. Revenue received from a potential service contract with the OCSD would be used to reduce the total costs split between the two cities.

Final Baker Tilly Report and Current Service Level Recommendations Baker Tilly’s final report builds upon the information presented to the city councils of Grover Beach and Arroyo Grande in February 2023 and incorporates feedback received from each council. The final report is provided in Attachment 2.

The recommendations included in the report are intended to be implemented beginning in FY 2023-24 to coincide with the withdrawal of OCSD from the FCFA. Below were overall observations from Baker Tilly:
 Recent annual financial contributions from participating agencies have not sufficiently financed the total operational costs of the FCFA  The need for an ongoing dedicated revenue stream to fully finance the operational and capital costs of the FCFA is paramount
 Calls for service for the existing service population are consistent with industry standards though public service (non-emergent) calls are relatively high  FCFA faces numerous operational challenges resulting in personnel feeling stressed
 Divestiture or deactivation of OCSD fire service responsibility will not be a simple or quick matter to resolve
During its presentation to the City Council on February 27, 2023, Baker Tilly noted that, given the limited resources and operational challenges, FCFA personnel should be commended for the services they provide the community. Staff concurs with these observations and the commendation to FCFA personnel for their work in serving Arroyo Grande residents and businesses.

Building on these observations and the operational and fiscal data collected, Baker Tilly provided the following recommendations to the two cities during its February presentation:
 Conduct a Community Risk Assessment and Standards of Coverage and adjust staffing to meet service area, community risk, and call volume  Hire an additional battalion chief and place all battalion chiefs on shift schedules consistent with floor personnel

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 Contract for fire marshal and fire inspection services, or fill those positions with FCFA employees
 Develop an inventory of all mission-critical equipment and apparatus, and establish an asset replacement schedule and fund it
 Develop a comprehensive operations policy and procedures manual  Restructure the governing board and create a five-person board, two from each city (an elected official and city manager) and one mutually agreed-upon board member; Fire Chief to report to one or both City Manager  Assess the feasibility of a parcel tax or Mello-Roos assessment to help finance FCFA operational and capital costs
 Discuss with CalFire representatives the cost for providing fire prevention and suppression services and/or enter into discussions with City of Pismo Beach representatives to expand the current regional fire authority model  Work on resolving and strengthening interagency relationships and collaboration  Develop either an agreement to contract-back fire service for the Oceano area or create a fourth amendment to the JPA, thereby allowing OCSD to continue to be part of the FCFA until LAFCO can render a divestiture decision The final report generally contains similar recommendations as the February presentation with the following exceptions:
 Modification of governing board recommendation to keep with only elected officials serving on this body rather than a combination of elected officials and city manager  Recommendation on working with CAL FIRE on potential service provision was removed given the likely inability to reduce costs compared with current FCFA costs along with the loss of local control
 Addition of three “scenarios” under which contract service is provided to Oceano to estimate projected FCFA costs and agency contributions:
o Scenario 1: OCSD stays under contract with FCFA for up to another year at their total property tax revenue amount
o Scenario 2: OCSD stays under contract with FCFA for an indefinite term with OCSD’s funding capped at their total property tax revenue amount. o Scenario 3: OCSD stays under contract with FCFA for an indefinite term with appropriate County financial support.
 Three options for staffing plans (low, medium, and high) are shown within each scenario to show varying costs and resulting agency contributions.  Cost estimates included in the tables in the final report have also been updated to include Arroyo Grande’s one-time payment of $887,401 to the FCFA to address past CalPERS payments that the FCFA made that included liabilities for employees who were employed by Arroyo Grande prior to the formation of the

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FCFA. This payment will increase the FCFA’s fund balance, which will in turn decrease the projected annual costs to Arroyo Grande and Grover Beach that were included in Baker Tilly’s initial cost estimates to rebuild the FCFA’s reserves.

Based on the recommendations of Baker Tilly and feedback provided by the two city councils on February 27 and 28, 2023, it is recommended that the cities proceed with the service level and staffing recommendations included in Plan A-4 (Scenario 1, Low Cost Option). Under this plan, the FCFA will add one battalion chief and two firefighter positions to ensure that a third company will be able to provide 24-hour two-person company staffing to the FCFA service territory. Administrative staff would be increased by 0.5 FTE as well. This staffing plan is depicted in the table that follows:

PLAN A-4
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total
FY
24 FY
25 FY
26 FY
29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 6 0
Total 6 9 9 6 0 30 3 0.5 0 0 3.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000) This option assumes that the FCFA will provide fire and emergency response services to Oceano on a contractual, fee for service basis whereby the OCSD would pay $1,211,000 for service through June 30, 2024. Projected costs of this option are depicted in Table 13 in Attachment 2, which appears as follows (with dollar amounts in thousands):

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However, staff recommends that, in the interests of minimizing immediate cost increases to the two cities in Fiscal Year 2023-24, any efforts to obtain new fire prevention contract services be delayed for at least one year. State mandated inspection services that are not currently being performed by the FCFA would be performed in Arroyo Grande and Grover Beach by their respective building division services contractors rather than by an FCFA contractor, which will decrease the total costs identified in the table above by $100,000 (a reduction of $58,000 to Arroyo Grande and $42,000 to Grover Beach). This approach would be revisited in 2024 based on need and funding availability for increased prevention services.

Potential Agreement with OCSD
An agreement with the OCSD will be needed to allow the FCFA to provide service to the Oceano community while the LAFCo divestiture process is completed. Terms for a potential agreement will need to address the term of the contract (i.e. length of time), costs, scope of services, and use of Station 3 in Oceano. Each of these terms are listed below, along with preliminary recommendations from staff for discussion purposes:
 Term: 12 months to provide sufficient time for completion of the LAFCo divestiture process.
 Cost: At least $1,211,00, which is the funding amount that Baker Tilly identified as available to the OCSD for fire service through its current share of property tax revenue.
 Scope of Service: Fire and emergency response services, including the minimal fire prevention services currently provided by the FCFA.

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 Location: Station 3 may be utilized by the FCFA to serve its entire service territory, including Oceano, if deemed appropriate. Baker Tilly identified deficiencies at Station 3 that may make use of this station by FCFA staff unadvisable. The FCFA should retain the ability to determine where to station its staff regardless of any contract to serve the Oceano community.

It is recommended that Council consider and provide direction regarding the draft Amended and Restated JPA, as well as the preliminary direction regarding the potential terms for a contract for service between the FCFA and the OCSD.

ALTERNATIVES:

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

1. 1) Consider and provide direction regarding the draft Amended and Restated Joint Powers Agreement for the Five Cities Fire Authority; 2) Discuss and provide direction regarding preferred terms for a potential contract for service between the FCFA and the OCSD for future fire and emergency response service past June 30, 2023; and 3) Receive and file the final report from Baker Tilly providing an organizational assessment of the FCFA;

2. Provide other direction to staff.

ADVANTAGES:

Providing direction regarding the draft Amended and Restated JPA will enable staff to finalize the agreement for adoption prior to June 30, 2023, when the OCSD will be required to exit the JPA and the current JPA will no longer function well to address the needs of a two-party authority. Direction regarding preferred terms for a potential service contract between the FCFA and the OSCD will equip staff to negotiate an agreement that will meet the needs of the parties. Receipt of the final Baker Tilly report will ensure that the public and all interested parties have access to the consultant’s data, findings, and recommendations regarding the FCFA.

DISADVANTAGES:

There are no known disadvantages to providing direction regarding the draft JPA and potential terms of a service contract with the OCSD, nor with receiving and filing the Baker Tilly report.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

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Attachments:

1. Draft Amended and Restated Joint Powers Agreement for the FCFA

2. Final Baker Tilly Report

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65501.00001\41161259.16

DRAFT FOR NEGOTIATIONS PURPOSES

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
OF

THE FIVE CITIES FIRE AUTHORITY
This JOINT EXERCISE OF POWERS AGREEMENT (the “Agreement” or “JPA”) is dated this __ day of ____, 2023, for reference purposes only, and is entered into by and between the undersigned Member Agencies. The undersigned Member Agencies, the Cities of Arroyo Grande and Grover Beach, may be referred to herein individually as “Member Agency” and collectively as “Member Agencies” or “Members.”

RECITALS
A. The City of Arroyo Grande (“Arroyo Grande”) and the City of Grover Beach (“Grover Beach”), (collectively, “Member Agencies”) have the authority under California law to provide fire protection, emergency medical and related services within their respective jurisdictions.

B. Each Member Agency is a public agency authorized and empowered to contract with the other Member Agency for the joint exercise of powers under the Joint Exercise of Powers Act, Sections 6500, et seq., of the California Government Code (the “Act”).

C. Each Member Agency is a local public entity, and are municipalities in contiguous geographical proximity, having similar fire protection needs, and a history of coordination and cooperation between each other.

D. By jointly exercising fire protection, emergency medical and related services, each Member Agency is able to achieve cost savings and operational efficiencies for the benefit of the persons residing in the Member Agencies’ respective service areas.

E. On June 7, 2010, the Member Agencies, desirous of improving the quality and level of fire suppression and emergency medical service delivery within their communities through the sharing of resources and expertise, entered into a Joint Powers Authority Agreement (the “JPA”) and have operated as Five Cities Fire Authority pursuant to the terms and conditions in that agreement since that time. Under that agreement, the Member Agencies have shared fire services, allowing for cost savings and operational efficiencies in providing fire services to the public.

Consolidation of such fire services into a single public entity has allowed for an efficient fire protection organization significant command and administrative benefits, and a net-decrease in operational costs with a concurrent increase in operational efficiency.

F. The Oceano Community Services District was previously a member of the JPA, but voluntarily exited the JPA in June 2023 due to an inability to meet its contribution obligations under the JPA.

G. The Member Agencies have now determined the specific terms of the 2010 agreement should be amended so that this Amended and Restated Joint Powers Agreement accurately reflects the Authority's current structure and operations.

ATTACHMENT 1

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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated the Member Agencies agree as follows:

1. Recitals. The recitals above are true and correct, and are hereby incorporated into the terms of this Agreement as though fully set forth herein.

2. Term. The term of this Agreement shall commence as of the date the Member Agencies have fully executed this Agreement and continue until terminated pursuant to the terms of this Agreement.

3. Definitions. Except where the context otherwise clearly requires, the following words and phrases shall have the meanings specified below:
“Act” shall mean the Joint Exercise of Powers Act of the State of California, commencing with California Government Code Section 6500, as now existing or as may hereinafter be amended or supplemented.
“Agreement” shall mean this Joint Exercise of Powers Agreement by and between the Member Agencies, as supplemented, amended and/or restated from time to time. “Authority” shall mean the Five Cities Fire Authority, a joint powers authority created by this Agreement in accordance with the Act, made up of the Member Agencies, the Cities of Arroyo Grande and Grover Beach.
“Authority Area” means that geographic area encompassing the total combined jurisdictional boundaries of the Member Agencies, as lawfully changed from time to time. “Board” or “Board of Directors” means the governing body of the Authority as established by this Agreement.
“Board member” or “Director” means a member of the governing body of the Authority. “Fiscal Year” means July 1 of one year through June 30 of the following year. “Formation Date” means the date when the Authority was originally created, June 7, 2010.

4. Creation of Authority.

4.1 Authority Created. The Authority was created as a public entity on June 7, 2010 as the “Five Cities Fire Authority” by operation of the prior Joint Powers Authority agreements. The Authority was and is formed pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies. The Authority shall be a public entity separate from the Member Agencies and is responsible for the administration of this agreement. The debts, liabilities and obligations of the Authority shall be the debts, liabilities and obligations of the Authority alone and not of one or more of the Member Agencies.

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(a) Confirmation of Authority Name. The Authority is known as the “Five Cities Fire Authority.”

4.2 Notices. Within thirty (30) days after execution of this Amended and Restated Agreement, the Authority shall cause a notice of such amendment to be prepared and filed with the office of the California Secretary of State containing the information required by California Government Code § 6503.5. Within ten (10) days after execution of this Amended and Restated Agreement, the Authority shall cause an amended statement of information concerning the Authority, as required by California Government Code § 53051, to be filed with the office of the California Secretary of State and with the County Clerk, of any change in facts as required by Government Code § 53051(a).

4.3 Authority Area. The geographic boundaries of the Authority (“Authority Area”) shall be coextensive with those of the Member Agencies, as lawfully changed from time to time.

4.4 Other Joint Powers Agreements Superseded. As of the Effective Date of this Agreement, any prior JPA agreements and/or amendments of the Five Cities Fire Authority shall have no further force and effect.

4.5 Bylaws. The Board may adopt bylaws and any other regulations, policies, or procedures for the operation of the Authority not inconsistent with State constitutional, statutory, or decisional case law or the California Code of Regulations.

4.6 Purpose. The purpose of this Agreement is to jointly exercise fire protection, emergency medical, and related services. The purpose shall be accomplished, in the manner set forth in this Agreement. The Member Agencies each possess the powers necessary or convenient for the accomplishment of such purposes.
(a) Through the Authority and its governing body, the Member Agencies shall collaborate, cooperate and seek to determine ways in which the Member Agencies and the citizens residing within the Authority Area can benefit from joint services. (b) The Authority shall provide fire protection, emergency medical, and related services within the Member Agencies.
(c) The Member Agenciesshall jointly benefit through the sharing of resources, which may include but is not limited to the sharing of executive and/or administrative staff. Among other public benefits, the Member Agencies shall receive reduced costs and more efficient services through the sharing of such resources.
(d) The purposes of this Agreement shall not be construed as limiting, and the Authority, and the Board shall be authorized to further define the means by which the joint exercise of services may be accomplished.
(e) The Authority may, if approved by the Member Agencies, accept new Parties to this Agreement, and the purposes of this Agreement shall include the provision of fire protection, emergency medical, and related services within the territorial jurisdiction of any new Parties. The purposes of this Agreement shall apply to any new Parties.

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5. Powers of Authority.

5.1 The Authority shall exercise the powers common to the Member Agencies, powers otherwise permitted under the Act, and powers necessary to accomplish the purposes of this Agreement.

5.2 The Authority is hereby authorized, in its own name, to do all acts necessary, convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in this Agreement and to do any or all of the following:
(a) Setting and adopting policies, including the scope of the Management Committee’s authority under Section 7.1.
(b) Adopting an annual budget.
(c) Employing personnel, consultants, advisors and independent contractors, setting parameters for labor negotiations, and ratifying labor agreements. (d) Entering into contracts, leases and other agreements, which may include, but are not limited to, a contract for administrative and fiscal services and a contract with a Certified Public Accountant for annual audit services or mutual aid or automatic response agreements or contracts for service to other jurisdictions. (e) Applying for; receiving and disbursing grants, loans or other aids from any private or public agency.
(f) Setting fees for service where permitted by law.
(g) Receiving, disbursing and investing funds.
(h) Purchasing and holding title to property, and obtaining leaseholds, licenses, and other interests in property, including the authority to acquire, dispose of, construct, manage, maintain or operate any building, works or improvements. (i) Issuing revenue bonds pursuant to California Government Code Section 6540, et seq.
(j) Obtaining in its own name all necessary permits, licenses, opinions and rulings.
(k) Expending funds of the Authority only for the purpose of carrying out the provisions of this Agreement as they now exist or may hereafter be amended. Such powers shall be exercised in the manner provided in the Act subject only to such restrictions as set forth in this Agreement or other applicable law.
(l) Suing and being sued in its own name.
(m) Carrying out and enforcing all of the provisions of this Agreement.

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(n) To incur debts, liabilities or obligations, which do not constitute a debt, liability or obligation of any Member Agency;
(o) To receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions and donations; (p) To fix the compensation, if any, paid to the Board of Directors, Secretary, Treasurer, Controller and Attorney, in compliance with all applicable laws; (q) To prescribe the duties, compensation and other terms and conditions of employment of other agents, officers and employees;
(r) To adopt reasonable rules and regulations for the conduct of the day-to-day operations of the Authority;
(s) To apply for, accept, receive and disburse grants, loans and other aid; (t) To invest money in the treasury, pursuant to Government Code section 6505.5, that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and on the same conditions as local agencies, pursuant to Section 53601 of the Government Code;
(u) To exercise any and all powers which are provided for in the Act and in Government Code section 6584 et. seq. including, without limitation Government Code section 6588, as they exist on the Effective Date of this Agreement or may hereafter be amended. (v) Other powers and duties incidental to those enumerated herein.

5.3 Manner of Exercise of Powers. The powers of the Authority shall be limited only by the terms of this Agreement, the Act, and applicable law, as amended from time to time. The laws of the State of California applicable and common to general law cities shall govern the Authority in the manner of exercising its powers common between the cities, subject to such restrictions as are applicable to the City of Arroyo Grande in the manner of exercising such powers, as required by Government Code section 6509.

6. Governance.

6.1 Board of Directors. The Authority shall be governed by a four-member Board of Directors (collectively “Board,” individually “Board member” or “Director”). Each Member Agency may appoint Board members, as follows: two (2) elected city councilmembers, which may but is not required to include the Mayor from each Member Agency. Each of the four (4) Authority Board members, and any alternates, shall be appointed as determined by the respective Member Agencies’ City Councils and any applicable local policies. All the power and rights of the Authority shall be exercised by the Board, subject to the rights reserved by the Member Agencies as set forth in this Agreement; provided, however, that the Board may delegate such powers and authority to committees, sub-committees, the Management Committee, and others as the Board deems appropriate.

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6.2 Compensation. Directors may receive such compensation from the Authority for services as may from time to time be established by the Board, subject to the limits of applicable law. Directors shall be reimbursed for necessary and actual expenses incurred in the conduct of the Authority’s official business as permitted by law and by policies adopted by the Board.

6.3 Board Officers, Alternating Member Agency Term. In the interest of full representation between the two Member Agencies, the role of Board Chair and Vice Chair shall alternate between the two Member Agencies as follows:
(a) A Board member from one of the two Member Agencies shall serve as Board Chair over a one-year term (“Chair Term”). During each Chair Term, the Vice Chair shall be selected from a different Member Agency than that of the Board Chair, ensuring the Vice Chair serves a city council that is not part of the City organization on which the Board Chair serves.
(b) Following each one-year Chair Term, the Chair and Vice Chair shall alternate between the two Member Agencies, so at all times the Board Chair and Vice Chair shall be from the separate Member Agencies.
(c) The Chair, or in the Chair’s absence the Vice Chair, shall preside at and conduct all meetings of the Board and execute agreements and other official instruments on behalf of the Authority. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. In the absence of the Chair and the Vice Chair, the absent members may appoint a different member of the Board to serve as an alternate. (d) The procedure for selecting the Board Chair and Vice Chair shall be set forth within the Authority’s adopted by-laws or other adopted Authority policy as soon as practical.

6.4 Meetings of the Board.
(a) Annual Meeting. The Board shall hold an annual meeting to review the services provided by the Authority and to approve a budget, and shall hold regular meetings at least quarterly, on a schedule adopted pursuant to subsection 6.4(d) below. The Board may hold additional regular meetings as determined by the Board and may adopt such procedures and resolutions for conducting such meetings and other business as the Board deems appropriate.

Alternatively the Board may establish an executive or other committee to hold regular meetings. (b) Conduct of Meetings. All meetings of the Board including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code.
(c) Quorum. A simple majority of the Board shall constitute a quorum for the purpose of transacting business. The affirmative vote of a majority of the quorum shall be required for the Authority to take any action and must include at least one affirmative vote from one Board member from each Member Agency, except: (i) where different voting requirements are provided for by applicable law or local Authority policies; and (ii) approval of budgets, issuance of any 12609-0001 \1234376v1.doc -3-

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bonds, exercise of eminent domain, and incurrence of any debts, liabilities, obligations, certificates of participation or other evidence of indebtedness shall require an affirmative vote of the majority of the membership of the Board subject to any specific, adopted or applicable Authority purchasing policy. This section shall not prohibit the Board from delegating the authority to purchase goods and services, including goods and services consistent with any adopted or applicable Authority purchasing policy, specified herein.
(i) In the absence of a quorum at any meeting of the Board, a majority of the directors present, or the Chair in the absence of all directors, or the secretary may adjourn the meeting from time to time without further notice, but no other business may be transacted. (d) Location and Date. The Board shall meet at the Principal Governance and Business Office as set forth in Section 9 of this Agreement, or at such other place as may be designated by the Board for its regular, adjourned regular, and special meetings consistent with this Agreement. The dates upon which, and the hour and place at which, any regular meeting shall be held shall be fixed by resolution of the Board and a copy of such resolution shall be provided to each Member Agency.
(e) Agendas and Minutes. The Board may select, appoint, or employ a secretary to keep or cause to be kept, at the principal business office, the principal governance office, or such other place as the Board may order, a book or electronic copy of minutes of all meetings of the Board and its committees as required by law, with the time and place of holding, whether regular or special, the notice thereof given, the names of those present at the meetings, and the proceedings thereof. As soon as practicable after each meeting, the secretary shall cause a copy of the minutes to be forwarded to each director of the Board, and to the Member Agencies.

The secretary need not be a director and shall serve at the pleasure of the Board.

6.5 Board Committees
(a) Committees. The Board may create any standing or ad hoc committees as it sees fit. The Board may delegate to any committee the authority to approve any action or transact any business of the Board, except for business that is required by this Agreement to be approved by the full Board.
(b) Actions of Full Board. Approval of budgets, issuance of any bonds, exercise of eminent domain, and incurrence of any debts, liabilities, obligations, certificates of participation or other evidence of indebtedness as may be set forth in the Authority’s effective purchasing policy and any legislative actions as defined by State law shall require an action of the full Board and shall not be delegated to any Board committees.
(c) Procedures. Except for exempt ad hoc committees, all meetings of committees including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code. Committees shall maintain minutes of their proceedings.

6.6 Bylaws. The Board may adopt bylaws and any other regulations, policies, or procedures for the operation of the Authority.

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7. Executive Officers and Personnel

7.1 Management Committee. The management of the Authority shall vest in a Management Committee made up of the current City Manager for both Member Agencies or the City Managers of any Member Agencies added to this Agreement. The Management Committee shall be participants in, and oversee all non-Management Committee Executive Officers, and any Executive Officers’ responsibilities as set forth in this Agreement. The Management Committee shall have the power, subject to any Board direction or Board-adopted policies:
(a) To execute any contract up to an amount consistent with any ordinance or rules adopted by the Board establishing the Authority’s purchasing policies and procedures, and/or policies for capital costs of special services, equipment, materials, supplies, maintenance, or repair that involves an expenditure by the Authority within budgetary limits approved by the Board (“Board purchasing policies”);
(b) To hire, terminate, and oversee the performance of the Fire Chief; (c) To expend funds of the Authority subject to any Board purchasing policies and enter into contracts, whenever required for the immediate preservation of the public protection, health, or safety;
(d) To sell any personal property of the Authority up to a value consistent with the Board’s purchasing policies;
(e) To support the Board as determined by the Board in labor negotiations and management;
(f) To administer the priorities and policies established by the Board for fire services of the Authority;
(g) To perform such other duties as may be assigned by the Board, and to report at such times and concerning such matters as the Board may require.

7.2 Executive Officers. The executive officers of the Authority shall include the Management Committee, the Chief Executive Officer, the Fire Chief, the Treasurer, the Auditor/Controller, and such other executive offices as created by the Board. All executive officers shall report to the Management Committee, and the acting Chief Executive Officer. (a) Chief Executive Officer. The Chief Executive Officer will be the City Manager from the Management Committee that is employed by the same Member Agency from which the current Board Chair serves as a city councilmember. The Chief Executive Officer shall alternate automatically, serving during the same Chair Term that the Board Chair serves on the Chief Executive Officer’s Member Agency city council. The Chief Executive Officer shall carry out the decisions of the Management Committee and act as the signatory for the Authority on all actions requiring approval of the Management Committee. (b) Fire Chief. The Fire Chief shall be responsible for the proper and efficient operation of the Authority as is or hereafter may be placed in his or her charge, or under his or her

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jurisdiction or control, pursuant to the provisions of this Agreement, or of any ordinance, resolution, bylaw or minute order of the Board. The Management Committee shall appoint and oversee the performance of the Fire Chief. The Fire Chief, as an at will employee of the Authority, shall report to the Management Committee and Chief Executive Officer, and by extension the Board, on all of the following, in a manner prescribed by the Board in consultation with the Management Committee:
(i) Plan, coordinate, supervise, and evaluate the Authority’s operations, and conduct day-to-day operations of the Authority;
(ii) Supervise and manage Authority fire personnel;
(iii) Coordinate and supervise training of fire personnel; (iv) Make recommendations to the Management Committee and Board on Authority operations;
(v) Establish policies and procedures of the Authority to implement directives from the Board and the Management Committee; (vi) In conjunction with the Treasurer, prepare an annual budget for submission to the Management Committee and the Board;
(c) Treasurer. The Director of Administrative Services of Arroyo Grande shall be the Authority Treasurer. The Authority Treasurer shall perform such duties as are set forth in this Agreement and any other duties specified by the Board or as required by the Act, and shall perform the duties specified in Government Code sections 6505 and 6505.5, as amended from time to time. The Authority Treasurer shall be the depositary of funds and shall have custody of all money of the Authority, from whatever source.
(i) The Board may at any time select, employ, or appoint a new or different Authority Treasurer who shall be: (1) the Treasurer or Finance Director of one of the Member Agencies; (2) a certified public accountant; or (3) such other officer or employee of one of the Member Agencies as the Board shall deem qualified to act as the Authority Treasurer, so long as permitted by law.
(d) Auditor/Controller. The Authority Auditor or Authority Controller shall be the same officer or employee of the City serving as the Authority Treasurer. The Authority Auditor or Authority Controller shall perform such duties as are set forth in this Agreement and any other duties specified by the Board or as required by the Act. (i) The Board may at any time select, employ, or appoint a new or different Authority Auditor or Authority Controller who shall be: (1) the auditor or controller of one of the Member Agencies; or (2) such other officer or employee of one of the Member Agencies as the Authority shall deem qualified to act as Authority Auditor or Authority Controller, so long as permitted by law.

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(e) Secretary. The Board shall appoint, or designate to the Management Committee in consultation with the Fire Chief to appoint a Secretary who shall serve at the pleasure of the Board. The Secretary shall be the official custodian of records for the Authority, make all filings requested by the Board and legally required, and be responsible for agendas and meeting minutes as provided in Section 6.4(f) of this Agreement.

7.3 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount of $25,000, unless fixed by the Parties to this Agreement in a different amount by unanimous decision of the Board.

7.4 Other Officers and Staff
(a) Attorney for Authority. The Attorney for the Authority shall be appointed by the Board of Directors. The Attorney for the Authority or a designated deputy shall attend all meetings of the Board of Directors; provided, however, that the absence of the Authority Attorney shall not affect the validity of any meeting. The Attorney shall perform such other duties the Board of Directors specifies.
(b) Officers and Professional Services. The Board may select, appoint, or employ any other officers, or professional and expert services as may be necessary or appropriate to accomplish the purposes of this Agreement, including but not limited to, legal counsel, financial consultants, accountants, engineers, architects, contractors, appraisers and any other consultants and advisors, which may be a corporation, partnership, firm or individual. The Board may delegate to the Fire Chief or to a committee the authority to hire officers and professional services. (c) Employees of Authority. Employees of the Authority are (i) those individuals employed by Arroyo Grande, but assigned to the Authority between the Authority and Arroyo Grande referenced in Exhibit A of this Agreement; and (ii) those individuals employed directly by the Authority. The Parties’ governing bodies may meet in closed sessions for the purpose of providing input to the Board regarding the terms of compensation for Authority employees.
(d) Shared Resources. The Board may contract with a Member Agency, or its officers, to provide necessary administrative services to the Authority as appropriate. All personnel employed by the individual Member Agencies shall remain employees of their respective Member Agency unless and until the Authority affirmatively employs such personnel pursuant to its powers. No express or implied employment contract between any Member Agency employee and the Authority exists as a result of this Agreement.

7.5 Interference Prohibited. The Board and the Member Agencies shall deal with the administrative services of the Authority (which includes the Authority’s Treasurer, Auditor/Controller and Secretary) only through the Management Committee who may delegate to the Fire Chief and their responsibility set forth herein, except for the purpose of inquiry. Neither the Board, the governing body of any Member Agency, nor any individual members of either shall give orders to any subordinate of the Fire Chief.

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7.6 Rules and Regulations. The Board shall forthwith adopt rules and regulations and perform all other acts necessary so that the Authority may hire personnel.

8. Equipment and Facilities.

8.1 Fire Stations and Other Real Property
(a) Member Agency Buildings and Structures. Buildings and structures owned by Member Agencies may be utilized for the Authority’s use, but shall remain the property of the respective Member Agency. Each Member Agency shall be responsible for the maintenance and insurance of Member Agency buildings. The Authority shall not directly own, maintain, or insure any existing building or structure, unless the Authority and a Member Agency expressly agree in writing that the Authority accepts ownership, responsibility for maintenance, or responsibility to insure a particular building or structure. Any building constructed or owned by the Authority after the Formation Date shall be the property of the Authority, and in the event of dissolution of the Authority, shall be disposed of as provided in this Agreement. (i) Maintenance By Members. The respective Members owning a fire station shall be responsible for the maintenance, repair, replacement, and improvements to the building structure, mechanical systems, electrical, plumbing, and exterior infrastructure (i.e., roof coverings, driveway, etc.). The Members are not responsible for (i) the maintenance or repair of any systems that have been installed by the Authority and are unique to fire service operations (e.g., dispatch/radio systems, computer networks, etc.), and (ii) the cost of performing any such maintenance or repairs caused by the negligence of the Authority or its employees, agents, servants, licensees, contractors, or invitees.
(ii) Maintenance By Authority. The Authority shall be responsible for routine maintenance of fire stations, interior decorating, landscaping, and fire alarm systems. The Authority is also responsible for the maintenance, repair, replacement, and improvements of the dispatch telecommunication systems and all systems that have been installed by the Authority which are unique to fire service operations (e.g., dispatch/radio systems, computer networks, etc.).
(b) Contributions of Real Property. Either Member Agency may contribute real property to the Authority for the Authority’s use. The Member Agency owning the interest in the real property shall continue to own said interest, unless the Member Agencies and Authority agree otherwise. The Board and the Member Agency owning the interest shall agree on the terms of the contribution.
(c) Lease or Purchase of Additional Stations. The Authority shall be authorized to lease, purchase, or obtain any other interest in real property for the Authority’s uses.

8.2 Equipment and Other Personal Property
(a) Equipment Provided by Member Agencies. As soon as reasonably practicable, the Authority shall inventory all equipment owned by the Member Agencies that is available for the Authority’s use. All Member Agency equipment shall remain the property of that Member Agency, unless the Member Agencies otherwise agree. The Member Agency may

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contribute additional equipment for the Authority’s use upon terms agreed between the Member Agencies and the Authority. The Authority may rent or borrow equipment from the Member Agencies for temporary use. All equipment owned by the Authority or subject to an equipment lease for financing purposes, shall remain the property of the Authority. (b) Acquisition of Equipment. The Authority may acquire any equipment or other personal property for the Authority’s use.

8.3 Separate Property of the Parties. Exhibit C, attached and incorporated by reference, establishes the property which is owned by a Member Agency and not the Authority, notwithstanding that the Authority may use that property.

9. Principal Offices.

9.1 Principal Governance and Business Office. The principal business office and governance office of the Authority at the date this Agreement is effective shall be Authority’s Station 1, at 140 Traffic Way, Arroyo Grande, California, 93420, (“Principal Office”) or as otherwise determined by the Board. The Board may change the Principal Office, from time to time, and from one location to another, within the Authority Area. Any change shall be noted by the Authority Secretary and reflected in Authority document, but shall not be considered an amendment to this Agreement.

10. Financial Provisions.

10.1 Administrative services shall be provided by, and allocated between the Member Agencies as shown on Exhibit A, attached and incorporated by reference to this Agreement.

10.2 Operation and capital improvements costs shall be allocated among the jurisdictions in accordance with the cost-sharing formula in Exhibit B, adopted by the Board and the governing bodies of the Member Agencies, and attached and incorporated by reference into this Agreement.

10.3 Member Agencies will be billed quarterly by the Authority Treasurer, in accordance with the provisions of Exhibit A and B. Member Agencies agree to pay the invoices on a quarterly basis.

10.4 Capital Purchases. Capital purchases that solely benefit a Member Agency shall be funded by that Member Agency. All other capital purchases shall be funded on terms established by the Board. The funding of capital purchases that are not budgeted shall be separately approved by each Local Sub-Committee.

10.5 Budget.
(a) The Board shall initially adopt a budget within 30 days of execution of this Amended and Restated JPA. The Board shall adopt a budget for maintenance and operation costs, and costs of special services in time to allow review by the Member Agencies prior to April 30th

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of each fiscal year. The Authority’s fiscal year shall be July 1 to June 30. Each Member Agency shall prepare its own annual budget for capital costs related to Authority services. Subject to the exception provided below in Section 10.5(b), no expenditures may be made by or on behalf of the Authority unless authorized by a budget or budget amendment approved by the Board.

10.6 Invoicing. Upon completion of the initial budget, and thereafter at such other intervals as determined appropriate by the Board, the Authority shall determine the amount of the budget expenses payable during the ensuing period pursuant to each Member Agency’s share of expenses required by this Agreement, and the budget approved by the Board. The Authority shall submit to each Member Agency an invoice showing the Member Agency’s share for the applicable period together with a calculation of the Member Agency’s share. Each Member Agency shall pay to the Authority the amount invoiced within 30 days after the date of the invoice. Any amount not paid within 60 days of the date of an invoice shall be delinquent.

10.7 Default and Delinquency. Any Member Agency which defaults in its obligation to pay or advance any amounts due pursuant to this Agreement after such amounts have become delinquent shall be deemed to have waived and relinquished any rights and benefits it may have under this Agreement. Any defaulting Member Agency shall be liable to the Authority for interest on the unpaid amount at the rate of 10% per annum, or the maximum rate allowed by law if it is less than 10% per annum, until the overdue invoice amount is paid in full. If the Agreement is terminated, then the defaulting Member Agency shall remain liable for payment of its share of debts, liabilities and obligations under this Agreement incurred prior to the date of termination, plus interest.

10.8 Accounting. The Authority shall maintain strict accountability of all funds, receipts and expenses, and shall keep and maintain appropriate records and accounts of all funds, receipts and expenses under this Agreement in accordance with generally accepted accounting practices for California public agencies and the requirements of the Act. The Authority shall allow any Member Agency, or any of its employees, accountants, attorneys or agents to review, inspect, copy and audit any such records and accounts.

10.9 Record of Contributions. The Authority shall maintain records of all fire prevention and suppression equipment, medical equipment, and associated property and assets contributed by each Member Agency and by the Authority, including any staff resources contributed to the Authority.

10.10 Audit. The records and accounts of the Authority shall be audited annually by an independent certified public accountant and copies of such audit reports shall be filed with the State and each Member Agency pursuant to the requirements of Section 6505 through 6505.6 of the Government Code. The audit shall conform to generally accepted auditing standards. Such report shall be filed within 12 months after the end of the fiscal year or years under examination, and no later than fifteen (15) days after receipt of such audit reports by the Authority.

10.11 Expenditures. The Board shall establish and comply with a system and procedure for the review and approval of Authority expenditures and claims and the drawing and signing of Authority warrants or checks. All expenditures shall be consistent with the approved budget, except as otherwise determined by the Board.

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Arroyo Grande City CouncilApril 25, 2023

Arroyo Grande City Council
April 25, 2023