2014 Sewer System Management Plan – Revision 01
2018 SSMP Audit Report
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August 2018
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5.0 Design and Performance Provisions [SSSWDR D.13(v)]
SSSWDR D.13(v) states:
(a).Design and construction standards and specifications for the installation of new sanitary sewer systems, pump stations, and other appurtenances; and for the rehabilitation and repair of existing sanitary sewer systems; and
(b).Procedures and standards for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects.
Finding: Section D.13(v)(a): The 2014 SSMP and City Municipal Code contain the City’s design and construction standards. The City Municipal Code addresses the expected standards for conducting repairs and new construction related to the sewer system in the following sections:
▪ Section 13.12.120: Sewer Connections – Applications
▪ Section 13.12.130: Private Systems – Construction – Inspections ▪ Section 13.12.270: Inspection Required
On April 12, 2016 the City Council approved Standard Specification and Engineering Standards for the sanitary sewer system. The standards are located on the City website at www.arroyogrande.org/document-center/standards/engineering-standards/.
The City updated their Standards in April 2016. Standard Specifications and Engineering Design standards. Are found on the City’s website at:
http://www.arroyogrande.org/DocumentCenter/View/3151/2016-Standard-Specifications-andEngineering-Standards .
The City additionally requires all work to be in compliance with the California Uniform Plumbing Code (UPC), approved by the Public Works Director, and permitted by the City.
Conclusion: The section above is in compliance with the above requirements.
Finding: Section D.13(v)(b): In April 2016 Standard Specifications and Engineering Design standards were updated and include inspection and testing requirements for sanitary sewers.
Conclusion: The section above is in compliance with the above requirements.
Sufficiency: In Compliance
Reference: 2014 SSMP, p. 5-1; Arroyo Grande Municipal Code Section 13.12; April 2016 City Public Works Department Standard Plans and Specifications for Public Works Construction.
The April 2016 City Standards are located at www.arroyogrande.org/documentcenter/standards/engineering-standards/.
Deficiencies: None.
2014 Sewer System Management Plan – Revision 01
2018 SSMP Audit Report
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August 2018
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Recommendation: Include these new 2016 standards by reference in the next update of the SSMP.
2014 Sewer System Management Plan – Revision 01
2018 SSMP Audit Report
City of Arroyo Grande
August 2018
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6.0 Overflow Emergency Response Plan [SSSWDR D.13(vi)]
SSSWDR D.13(vi) states:
Each Enrollee shall develop and implement an overflow emergency response plan that identifies measures to protect public health and the environment. At a minimum, the plan must include the following:
(a).Proper notification procedures so that the primary responders and regulatory agencies are informed of all SSOs in a timely manner;
(b).A program to ensure appropriate response to all overflows; (c). Procedures to ensure prompt notification to appropriate regulatory agencies and other potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.) of all SSOs that potentially affect public health or reach the waters of the State in accordance with the Monitoring and Reporting Program (MRP). All SSOs shall be reported in accordance with this MRP, the California Water Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit requirements. The SSMP identifies the officials who will receive immediate notification;
(d).Procedures to ensure that appropriate staff and contract personnel are aware of and follow the Emergency Response Plan and are appropriately trained; (e).Procedures to address emergency operations, such as traffic and crowd control and other necessary response activities; and
(f).A program to ensure that all reasonable steps are taken to contain and prevent the discharge of untreated or partially treated wastewater to waters of the United States and minimize or correct any adverse impact on the environment resulting from the SSOs, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the discharge.
Finding: Section D.13(vi): The 2014 SSMP, Rev 01 on pages 6-1 to 6-10 contains the City Overflow Emergency Response Program (OERP).
Finding: Section D.13(vi)(a): Section 6.2 of the 2014 SSMP, Rev 01 contains the SSO Response Plan and Polices. Figure 6-1 on Page 6-3 of the City OERP includes the City’s SSO Reporting Chain of Command. This figure describes how the City is notified of a SSO and how staff is dispatched to a SSO through the City Public Works Department or 5 Cities Fire Authority. Figure 6-2, Response/Notification Procedure for SSOs on Page 6-4 to 6-5 contains the detailed description on how to report and notify all appropriate agencies in the event of a SSO.
2014 Sewer System Management Plan – Revision 01
2018 SSMP Audit Report
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August 2018
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Finding: Section D.13(vi)(b): A detailed overview of SSO response was provided and associated procedures showing key positions and their responsibility to ensure appropriate response to all overflows was found in Section 6.2.
Finding: Section D.13(vi)(c, (d), and (e): Section 6.5 of the 2014 SSMP, Rev 01 stated that ten Emergency Operating Procedures (EOPs) will be completed and implemented by the end of 2015. The EOPs were not completed. During the last audit the Utilities Manager revised this section of the 2014 SSMP to change the date to the end of 2017. This task was not completed at the time of this audit however the City reports that still intends to develop formal emergency operating procedures for SSO response at a future time that has not been determined.
Finding: Section D.13(vi)(f): The City OERP summarizes how staff are to be trained annually to respond to and contain a SSO.
Conclusion: The sections above are Partial compliance with the above requirements. See recommendations at the end of the OERP section of this report.
Sufficiency: Partial Compliance
Reference: 2014 SSMP, Rev 01, p. 6-1 to 6-10 and Appendix 6.
Deficiencies: Emergency Operating Procedures for response to SSOs must be developed.
Training on these procedures should be conducted on an annual basis or more frequently as warranted.
Recommendation: Create the required EOPs as soon as possible as required by sections D.13(vi).a, b, c, and d.
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7.0 FOG Control Program [SSSWDR D.13(vii)]
SSSWDR D.13(vii) states:
Each Enrollee shall evaluate its service area to determine whether a FOG control program is needed. If an Enrollee determines that a FOG program is not needed, the Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the Enrollee must prepare and implement a FOG source control program to reduce the amount of these substances discharged to the sanitary sewer system. This plan shall include the following as appropriate:
(a).An implementation plan and schedule for a public education outreach program that promotes proper disposal of FOG;
(b).A plan and schedule for the disposal of FOG generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of FOG generated within a sanitary sewer system service area;
(c). The legal authority to prohibit discharges to the system and identify measures to prevent SSOs and blockages caused by FOG;
(d).Requirements to install grease removal devices (such as traps or interceptors) and the development of design standards for such devices, maintenance requirements, BMP requirements, record keeping and reporting requirements; (e).Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the FOG ordinance;
(f). An identification of sewer system sections subject to FOG blockages and establishment of a cleaning maintenance schedule for each section; and (g).Development and implementation of source control measures for all sources of FOG discharged to the sewer system for each section identified in (f) above.
Finding: Section D.13(vii): The City implemented a FOG program in July 2007 as FOG is an ongoing problem in the sewer collection system. The City has over seventy (70) food service establishments (FSEs) in its service area. From 2009 to 2013 the FOG program was implemented through an agreement with South San Luis Obispo County Sanitation District (SSLOCSD). The City of AG is a satellite agency to SSLOCSD. Since 2013 a private engineering consulting firm manages the FOG Program for the City.
In this Audit, the FOG Control Program presented in the 2014 SSMP, Rev 01 was evaluated against the SSSWDR Section D.13(vii) requirements included above. The effectiveness of the FOG Control Program is evaluated at the end of this section.
2014 Sewer System Management Plan – Revision 01
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August 2018
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Finding: Section D.13(vii)(a): The 2014 SSMP, Rev 01 describes public outreach for FOG from its inception in 2007. Public education is conducted with FSEs during semiannual inspections each fiscal year. An assortment of literature is distributed to each FSE, including: best management practices, certified grease hauler list, cleaning record forms, and no grease posters for display in FSE kitchens. Inspectors discuss program parameters and strategies to keep FOG from entering the sewer system during each inspection. Public education and outreach is documented for FSE’s within the City limits.
For residential outreach, the City publishes residential flyers that are available at the City Public Works office and City Hall. City sewer staff have door hangers when Conclusion: The section above is in compliance with the above requirement.
Finding: Section D.13(vii)(b): The 2014 SSMP, Rev 01 states that information concerning how FSE’s can dispose of FOG generated within the City’s service area is disseminated under the FOG FSE education program. A list of companies FSEs may utilize for the collection and disposal of FOG in SSMP Appendix 7-5.
Conclusion: The section above is in compliance with the above requirement.
Finding: Section D.13(vii) (c, d, e): The 2014 SSMP, Rev 01 includes a reference to the SSLOCSD FOG Ordinance 2008-01. The City’s SSMP does not reference the Arroyo Grande Municipal Code sections which regulate FOG Control. The 2014 SSMP, Rev 01 states that the SSLOCSD FOG Ordinance 2008-01 is included in Appendix 7, but this Ordinance is not referenced on the Element 7 cover sheet or included in the appendix.
Conclusion: The sections above are in substantial compliance with the above requirements.
Finding: Section D.13(vii)(f): The City identifies sections of the collection system, which are subject to grease blockages and identifies where the cleaning maintenance schedule for these high maintenance areas (HMAs) is located (City Corp Yard office).
Conclusion: The section above is in compliance with the above requirement.
Finding: Section D.13(vii)(g): The 2014 SSMP, Rev 01 provides information regarding the development and implementation of source control measures for all sources of FOG discharged to the sanitary sewer system. The City continues to implement source control measures identified in the SSMP.
Since 2014, a private firm is directly contracted by the City to manage and implement the City FOG Control Program. Management includes the issuance of a permit to each FSE as a control mechanism and semi-annual inspections, re-inspections when violations are identified, notices of non-compliance are issued after repeat violations and eventually fines are administered.
2014 Sewer System Management Plan – Revision 01
2018 SSMP Audit Report
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August 2018
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End of month (EOM) reports are submitted to the City by the contractor, the last report was issued May 2018. The EOM report summarizes how many inspections were conducted, number of permits issued, how many FSE’s had violations, enforcement of violations and correspondence with the FSE’s.
The FOG Files reviewed and attached to this audit include:
▪ May 2018 EOM Report
▪ City of AG FOG Control Program Master Inspection Spreadsheet Conclusion: The section above is in compliance with the above requirement.
FOG Program Effectiveness: A review of the City’s Collection System Operational Report generated on CIWQS July 19, 2018, shows the City has experienced only one (1) FOG related SSO since 2012 out of the nine (9) total SSOs occurring over this time period. This indicates the City fog related SSO rate is approximately 11%, compared to State and National averages which report FOG SSO rates between 75% - 85%. This serves as an indication that the current FOG program is an effective preventative maintenance tool to reduce SSOs.
Sufficiency: Substantial Compliance
Reference: The following references were used:
▪ 2014 SSMP, Rev 01, p. 7-1 to 7-7 and Appendix 7
▪ Arroyo Grande Municipal Code Chapters 1, 9, and 13
▪ SSLOCSD FOG Ordinance, Ordinance No. 2008-01
▪ Collection System Operational Report (July 18, 2018)
▪ May 2018 FOG End of Month Report
▪ City of AG FOG Control Program Master Inspection Spreadsheet Deficiencies: Update the 2014 SSMP, Rev 01 with the SSLOSCD FOG Ordinance 2008-01 and Sections of City Municipal Code identified above.
Recommendation: The SSMP should be updated annually to include a current list of FSEs, FOG Control Program statistics, or other information, which would be useful to the City for implementing its FOG Control Program.
The City needs to update the SSMP with the information above and attach a copy of the 2008 SSLOCSD FOG Ordinance No. 2008-01 and the relevant Sections of the City Municipal Code to Appendix 7.
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8.0 System Evaluation and Capacity Assurance Plan [SSSWDR D.13(viii)] SSSWDR D.13(viii) states:
The Enrollee shall prepare and implement a capital improvement plan (CIP) that will provide hydraulic capacity of key sanitary sewer system sections for dry weather peak flow conditions, as well as the appropriate design storm or wet weather event. At a minimum, the plan must include:
(a).Evaluation: Actions needed to evaluate those portions of the sanitary sewer system that are experiencing or contributing to a SSO discharge deficiency. The evaluation must provide estimates of peak flows (including flows from SSOs that escape from the system) associated with conditions similar to those causing overflow events, estimates of the capacity of key system components, hydraulic deficiencies (including components of the system with limiting capacity) and the major sources that contribute to the peak flows associated with overflow events; (b).Design Criteria: Where design criteria do not exist or are deficient, undertake the evaluation identified in (a) above to establish appropriate design criteria; and (c). Capacity Enhancement Measures: The steps needed to establish a short- and long-term CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis, and schedules. The CIP may include increases in pipe size, I/I reduction programs, increases and redundancy in pumping capacity, and storage facilities. The CIP shall include an implementation schedule and shall identify sources of funding.
(d).Schedule: The Enrollee shall develop a schedule of completion dates for all portions of the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed and updated consistent with the SSMP review and update requirements as described in Section D.14.
Finding: Section D.13(viii)(a): The City uses the hydraulic model created in the 2012 Wastewater System Master Plan (2012 WSMP) located on the City website at:
http://www.arroyogrande.org/DocumentCenter/Home/View/1066 to determine issues of capacity for all new development process. This Master Plan is also located in the appendix to Element 4 of the SSMP.
The 2012 WSMP provides hydraulic evaluations of City: lift stations, force mains, and gravity sewer lines. Hydraulic evaluations were conducted to model existing dry and wet weather conditions and future dry and wet weather conditions expected at “build out”, which represent “worst case scenario” flow conditions. The City has not experienced a history of SSOs related to deficient system capacities.
Conclusion: The section above is in compliance with the above requirements.
2014 Sewer System Management Plan – Revision 01
2018 SSMP Audit Report
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Finding: Section D.13(viii)(b): Design criteria were identified in the 2012 WSMP and used in system modeling to assess the hydraulic conditions existing in the system. These criteria were used to make recommendations for hydraulic upgrades in City lift stations, force mains, and gravity sewer lines.
Conclusion: The section above is in compliance with the above requirements.
Finding: Section D.13(viii)(c) – (d): This plan includes a prioritized list of projects identified to take place between 2013 and 2037. Projects are grouped by a Priority Ranking of “A”, “B”, and “C”. Project schedules are as follows:
▪ Priority “A” Projects to be conducted between 2013 and 2017 ▪ Priority “B” Projects to be conducted between 2018 and 2027 ▪ Priority “C” Projects to be completed between 2028 and 2037 A short and long-term CIP and associated schedule was developed based on the results of the WSMP report through Fiscal Year (FY) 2022/23. The City completed and finalized a Revenue Rate study in June 2014 to fund these projects. The City Utilities Manager updated Appendix 4- 11 on July 18, 2016 with the final Revenue Rate Study. The City is planning a new rate study planned for FY 19/20 which should be included in the next update to the SSMP.
The 2012 WSMP and a project summary, status update and schedule for capital projects should be included in the next update of the SSMP. The findings of the revenue rate plan and subsequent rate structure to support capital improvements should also be included in this update.
Conclusion: The sections above are in compliance with the above requirements.
Sufficiency: Substantial Compliance
Reference: 2014 SSMP, Rev 01; 2012 WSMP; 5-Year Capital Improvement Program Budget:
2017-2018.
Deficiencies: None.
Recommendation: Include a copy of the 2012 WSMP and most recent CIP as an Appendix to Element 8.
2014 Sewer System Management Plan – Revision 01
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9.0 Monitoring, Measurement, and Program Modifications [SSSWDR D.13(ix)]
SSSWDR D.13(ix) states:
The Enrollee shall:
(a).Maintain relevant information that can be used to establish and prioritize appropriate SSMP activities;
(b).Monitoring the implementation and, where appropriate, measure the effectiveness of each section of the SSMP;
(c). Assess the success of the preventative maintenance program; (d).Update program elements, as appropriate, based on monitoring or performance evaluations; and
(e).Identify and illustrate SSO trends, including: frequency, location and volume.
Finding: Section D.13(ix)(a): The City utilizes Work Orders to keep records of preventative maintenance and rehabilitation and replacement activities and maintains a folder of SSO records, which can be used to establish and prioritize appropriate SSMP activities.
Conclusion: The section above is in compliance with the above requirement.
Finding: Section D.13(ix)(b) and (c): The SSMP states that the SSMP will be reviewed annually to ensure all the provisions are implemented and that the effectiveness will be monitored.
Items of Interest staff reports are submitted to the City Council by the City Manager once a month. These reports provide updates on significant work completed on the sanitary sewer system, such as line cleaning, lift station cleaning, manhole inspections, and CIPs. Reports are utilized to monitor the implementation of the City’s preventative maintenance and rehabilitation and replacement activities.
Conclusion: The section above is in compliance with the above requirement.
Finding: Section D.13(ix)(d): The City’s 2014 SSMP, Rev 01 contains red-line updates documenting changes to plans and schedules.
Conclusion: The section above is in substantial compliance with the above requirement.
Finding: Section D.13(ix)(e): The City has identified roots, debris and FOG to be the primary causes of SSOs in its sanitary sewer system and has continued to address these causes by applying root control chemicals to root prone areas, a scheduled line cleaning and hot spot cleaning program and implementation of a FOG Control program.
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Conclusion: The section above is in compliance with the above requirement.
Sufficiency: Substantial Compliance
Reference: 2014 SSMP, Rev 01.p. 9-1 to 9-6. and Appendices 9; Example SSO Reports, CIWQS Public Report - Detail Page..
Deficiencies: The City needs to update Table 9-2, Number of City SSOs per Indicator Year.
The City needs to create a Revision Tracking Table to identify and illustrate trends as required by D.13(ix)(e).
Recommendation: Update Table 9-2 using CIWQS SSO Public Report (Detail Page) in next update to the SSMP.
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10.0 SSMP Program Audits [SSSWDR D.13(x)]
SSSWDR D.13(x) states:
As part of the SSMP, the Enrollee shall conduct periodic internal audits, appropriate to the size of the system and the number of SSOs. At a minimum, these audits must occur every two years and a report must be prepared and kept on file. This audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee’s compliance with the SSMP requirements identified in this subsection (D.13), including identification of any deficiencies in the SSMP and steps to correct them.
Finding: Section D.13(x): SSMP audits are required to be performed a minimum of every two years from the date of the initial required adoption, August 2, 2009. The first SSMP Audit was performed before August 2, 2011. The second was completed July 17, 2012 before the August 2, 2013 deadline. The third SSMP Audit was due August 2, 2015 and was completed one year late due to the City adjusting their Audit schedule based on a recent 2014 SSMP Update. Based on this new schedule, the City was compliant in meeting their internal Audit goal date of August 2, 2018 with the completion of this (4th) Audit in July 2018.
Sufficiency: Substantial Compliance
Reference: 2014 SSMP, Rev. 01, Section 10.2 page 10-1 to 10-3 Deficiencies: The Utilities Manager not met the City’s internal schedule to complete the twoyear SSMP Audit due date prior to August 2, 2018. The formal due date based on the original adoption date of the SSMP in 2009 would require an Audit in 2017 rather than 2018.
Recommendation: Continue to conduct Audits at a minimum of every 2 years to meet the City’s internal Audit schedule.
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11.0 Communication Program [SSSWDR D.13(xi)]
SSSWDR D.13(xi) states:
The Enrollee shall communicate on a regular basis with the public on the development, implementation, and performance of its SSMP. The communication system shall provide the public the opportunity to provide input to the Enrollee as the program is developed and implemented.
The Enrollee shall also create a plan of communication with systems that are tributary and/or satellite to the Enrollee’s sanitary sewer system.
Finding: Section D.13(xi): City Council meeting continue to be held on the 2nd and 4th Tuesday of each month and are televised. The agenda and supporting staff reports are posted in advance of each meeting on the City website (www.arroyogrande.org).
Monthly Items of Interest memorandums are submitted to the City Council by the City Manager.
These memorandums provide the City Council with more detailed updates on significant work completed by each department in the City, including Public Works. The Public Works section includes information about the sanitary sewer system, such as line cleaning, lift station cleaning, manhole inspections, and CIPs.
The 2014 SSMP, Rev 01 is available to the public on the City webpage located here:
http://www.arroyogrande.org/documentcenter/view/1957. A document entitled “Sewer Emergency Guidelines” is also located on the City webpage.
The public was also updated on City collection system issues through the City’s newsletter, Stagecoach Express until June 2015 when the newsletter was discontinued. Upgrades to the City website (www.arroyogrande.org) were made and the City considers it to be more effective to communicate to the public using social media (Twitter, Facebook, and press releases on the City website).
The City of Arroyo Grande, City of Grover Beach, and Oceano Community Services District manage and operate sanitary sewer systems, which are satellite to SSLOCSD’s sanitary sewer system. Collection System Coordination Meetings were held from 2013 – 2015 but were discontinued. A new plan for communication with agencies that you are tributary/satellite too should be developed.
The City also has four neighborhoods with small, private collection systems, which are within the City limits and discharge into the City’s collection system; it is recommended that the City continue to reach out to these private collection systems annually in a memo about nonflushables, FOG, etc.
Sufficiency: Substantial Compliance
Reference: 2014 SSMP, Rev 01 p. 11-1.
2014 Sewer System Management Plan – Revision 01
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Deficiencies: A plan of communication with systems that are tributary and satellite to the City of AG sanitary sewer system existed and must be re-instated.
Recommendation: Reestablish collection system coordination meetings with SSLOCSD, City of Grover Beach and Oceano Community Services District. Include new sources of communication with the public on issues pertinent to the SSMP and sewer collection system in the next update to the SSMP.
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RECORDS LIST BY SSMP ELEMENT
Records were reviewed and are on file at the City of Arroyo Grande Public Works Department Office
1. Goal
a. See records under SSMP Elements 3 – 11
2. Organization
a. CIWQS Facility At-A Glance Report (July 19, 2018)
b. Updated 2018 Organization Chart
3. Legal Authority
a. Arroyo Grande Municipal Code Chapters 1.16 and 13.12 b. SSLOCSD Pretreatment Ordinance, Ordinance No. 1994-1 c. SSLOCSD FOG Ordinance, Ordinance No. 2008-01
d. SSLOCSD Resolution No. 2011-295
4. Operation and Maintenance Program
a. 2012 Wastewater System Master Plan
b. 5/15/18: Dukes Root Control Root Treatment Invoice
c. 2017/18 – 2019/20 CIP Budget
d. City Sewer Atlas 2008
e. City Storm Drain Atlas 2008
f. 2018 Work Order Detail Report Sewer Main Cleaning
g. 2018 Annual Project Calendar (Maintenance Schedule)
h. 2018 Sewer Main Cleaning Program Route Sheet
i. SSLOCSD: District Manhole Observation and Inspection Report
5. Design and Performance Standards
a. Arroyo Grande Municipal Code Chapter 13.12
b. 2016 City of Arroyo Grande Revised Standard Specifications and Engineering Standards for Construction.
6. Overflow Emergency Response Plan
a. City Sewer Spill Report: 2017
7. Fats, Oils, and Grease Program
a. May 2018 FOG End of Month Report
b. City of AG FOG Control Program Master Inspection Spreadsheet
8. System Evaluation and Capacity Assurance Plan
a. City of Arroyo Grande Wastewater System Master Plan (December 2012) b. CIP Budget: 2018/19 – 2019/20
9. Monitoring, Measurement, and Program Modifications
a. CIWQS Facility At-A Glance Report (July 19, 2018)
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10. SSMP Program Audit
a. City 2016 SSMP Audit Report
b. City 2016 Pre-Audit Data and Records Request
11. Communication Program
a. 2018 Items of Interest Memos to City Council providing a monthly update of public works activities and capital projects.
b. FY 2016/17 City of AG Goals Summary
c. City of AG Sewer Emergency Guidelines
City of Arroyo Grande
Sanitary Sewer
Spill Emergency Response Plan
WDID: 3SSO10255
June 2023
State Water Resources Control Board (SWRCB)
Waste Discharge Requirements
Order No. WQ 2022-0103-DWQ
Attachment 2
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 2 June 2023 Table of Contents
Introduction and Definitions ……………………………………………………….. Page 3 Prohibitions & Notification Procedures…………………………………………….. Page 5 Regulatory Agency Contacts ……………………………………………………….. Page 7 Spill Response Traffic Control ………………………………………………………Page 8 Spill Containment and Cleanup …………………………………………………….. Page 9 Pump Station and Force Main Failure …………………………………………… .. Page 10 Contingency Contacts: Lift Station Failure ………………………………………... Page 11 Force Main Spills …………………………………………………………………... Page 12
Prolonged Spill Response ………………………………………………………….. Page 12 Contractor Spill Response …………………………………………………………. Page 12 Contingency Data for Individual Lift Stations ………………………………………Page 14 Spill Volume Estimation ………………………………………………………….. Page 18 Coordination with Storm Drain Agencies and Water Systems ……………………. Page 36 Receiving Water Monitoring …………...………………………………………….. Page 37 Water Body Closures ………………………….………………………………….. Page 39
Water Body Beneficial Uses ………………………………………………………. Page 40 Reporting Procedures ……………………………………………………………… Page 41
Detailed Reporting Requirements ………………………………………………….. Page 44 Post Spill Investigations ……………………………………………………………. Page 55 Training …………………………………………………………………………….. Page 57
Attachments
o Post Spill Investigation Form
o Spill Response Field Checklist
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 3 June 2023
PURPOSE
The City operates and maintains a diverse sanitary sewer collection system that consists of pump stations, gravity flow sewer mains and force mains. These facilities are well maintained and normally should not result in any sewage overflows or spills. However, the possibility of unforeseen accidents, equipment failure, or other events not controllable by the City could result in sewer system spills (spills). When enacted in response to spills, this plan will reduce or eliminate public health hazards and minimize service interruption.
This plan shall be reviewed and assessed annually and updated as appropriate. The City LRO must certify this plan is up to date by April 1st annually in CIWQS.
GENERAL
Normal and routine maintenance of the collection system allows the system to operate at its maximum design capacity. There may be a time however, when an spill occurs. This Sewer Spill Emergency Response Plan will help facilitate a rapid and effective response.
City staff must be able to accurately assess the level of response needed, know what potential liabilities there are for property damage and how to properly report an spill to the correct regulatory agencies. The following definitions shall be used to identify a spill category and WDR Terms in accordance with the State Water Resources Control Board (SWRCB):
Spill Category Definition
Category 1 Spill
A Category 1 spill is a spill of any volume of sewage from or caused by a sanitary sewer system regulated under this General Order that results in a discharge to:
o A surface water, including a surface water body that contains no flow or volume of water; or
o A drainage conveyance system that discharges to surface waters when the sewage is not fully captured and returned to the sanitary sewer system or disposed of properly.
Any spill volume not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drainage conveyance system discharges to a dedicated stormwater infiltration basin or facility.
A spill from an City-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the City shall report all Category 1 spills per section
3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of the General Order.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 4 June 2023 Category 2 Spill
A Category 2 spill is a spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of 1,000 gallons or greater that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system, is a Category 2 spill.
Category 3 Spill
A Category 3 spill is a spill of equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of equal to or greater than 50 gallons and less than 1,000 gallons, that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 3 spill.
Category 4 Spill
A Category 4 spill is a spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of less than 50 gallons that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 4 spill.
Term Definition
Receiving Water A receiving water is a water of the State that receives a discharge of waste.
Waters of the State
Waters of the State are surface waters or groundwater within boundaries of the state as defined in Water Code section 13050(e), in which the State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions.
Waters of the State include waters of the United States.
Waters of the United
States
Waters of the United States are surface waters or waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act.
Hydrologically
Connected
Two waterbodies are hydrologically connected when one waterbody flows, or has the potential to flow, into the other waterbody. For the purpose of this General Order, groundwater is hydrologically connected to a surface water when the groundwater feeds into the surface water. (The surface waterbody in this example is termed a gaining stream as it gains flow from surrounding groundwater.)
Drainage
Conveyance System
A drainage conveyance system is a publicly- or privately-owned separate storm sewer system, including but not limited to drainage canals, channels, pipelines, pump stations, detention basins, infiltration basins/facilities, or other facilities constructed to transport stormwater and non-stormwater flows.
Potential to
Discharge, Potential
Discharge
Potential to Discharge, or Potential Discharge, means any exiting of sewage from a sanitary sewer system which can reasonably be expected to discharge into a water of the State based on the size of the sewage spill, proximity to a drainage conveyance system, and the nature of the surrounding environment.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 5 June 2023
PROHIBITIONS
The following are a list of Prohibitions listed in SWRCB Order No. 2022-0103-DWQ:
Discharge of Sewage from a Sanitary Sewer System
Any discharge from a sanitary sewer system that has the potential to discharge to surface waters of the State is prohibited unless it is promptly cleaned up and reported as required in this General Order.
Discharge of Sewage to Waters of the State
Any discharge from a sanitary sewer system, discharged directly or indirectly through a drainage conveyance system or other route, to waters of the State is prohibited.
Discharge of Sewage Creating a Nuisance
Any discharge from a sanitary sewer system that creates a nuisance or condition of pollution as defined in Water Code section 13050(m) is prohibited.
NOTIFICATION PROCEDURES
Collections System:
Notifications of possible spills are received via telephone calls. All telephone calls or complaints for actual or potential spills are routed directly to the City’s Public Works Office (805) 473-5460 and then to the On Call Operator or Utilities Manager via City office personnel. During non-business hours, the City’s Police Department (805) 473-5100 (or 911) will receive the call and notify the City’s On-Call Operator.
Lift Stations:
The City’s On-Call Operator, Operations staff and Utilities Manager are responsible for responding to alarm notifications for lift station failures. The City operates and maintains 6 lift stations which are monitored continuously via supervisory control and data acquisition (SCADA). The SCADA system provides operators real time pump station monitoring. Staff is required to respond to all alarms within 15 minutes of call out. If the first responding Operator requires assistance, they will contact the Utilities Supervisor, Utilities Manager and/or other City Operations staff.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 6 June 2023 Notify Regulatory Agencies of the Spill
The details of the required notifications are provided below:
a. Category 1 Spill
i. Within two (2) hours of the City’s knowledge of a Category 1 spill of 1,000 gallons or greater, discharging or threatening to discharge to surface waters notify the California Office of Emergency Services and obtain a notification control number at (800) 852-7550.
ii. The City shall provide the following spill information to the California Office of Emergency Services before receiving a Control Number, as applicable:
o Name and phone number of the person notifying the California Office of Emergency Services;
o Estimated spill volume (gallons);
o Estimated spill rate from the system (gallons per minute); o Estimated discharge rate (gallons per minute) directly into waters of the State or indirectly into a drainage conveyance system; o Spill incident description:
o Brief narrative of the spill event, and
o Spill incident location (address, city, and zip code) and closest cross streets and/or landmarks;
o Name and phone number of contact person on-scene;
o Date and time the City was informed of the spill event; o Name of sanitary sewer system causing the spill;
o Spill cause or suspected cause (if known);
o Amount of spill contained;
o Name of receiving water body receiving or potentially receiving discharge; and
o Description of water body impact and/ or potential impact to beneficial uses.
iii. Following the initial notification to the California Office of Emergency Services and until such time that the City certifies the spill report in the online CIWQS Sanitary Sewer System Database, the City shall provide updates to the California Office of Emergency Services regarding substantial changes to:
o Estimated spill volume (increase or decrease in gallons initially estimated);
o Estimated discharge volume discharged directly into waters of the State or indirectly into a drainage conveyance system (increase or decrease in gallons initially estimated); and
o Additional impact(s) to the receiving water(s) and beneficial uses Additional Agency Information is provided below – may require contact by City in the event of a Category 1 Spill or Category 2 Spill if discharging to Surface Water. SWRCB only requires notification of OES for a Category 1 spill or a Category 2 Spill if discharging to Surface Water:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 7 June 2023 Regulatory Agency Contacts
California Office of
Emergency Services
(Cal OES)
Within two (2) hours of the City’s knowledge of a Category 1 spill of 1,000 gallons or greater, discharging or threatening to discharge to surface waters notify the California Office of Emergency Services and obtain a notification control number at (800) 852-7550 Regional Water
Quality Control
Board (RWQCB)
Optional - If spill is over 1,000 gallons, reaches waterway, or occurred in area with likely public contact, call 805-549-3147 or 805-542-4638.
SLO County
Environmental Health
Optional- If spill is over 50 gallons, call 805-781-5544. Give the spill information.
California
Department of Fish
and Wildlife
Optional -If spill reaches waterway, call state office 916-445-0045. b. Category 2 Spill:
iv. Within two (2) hours of the City’s knowledge of a Category 2 spill of 1,000 gallons or greater, discharging or threatening to discharge to waters of the State, notify California Office of Emergency Services and obtain a notification control number.
c. Category 3 Spill:
i. Not Applicable
d. Category 4 Spill:
i. Not Applicable
e. City Owned and/or Operated Lateral Spills
i. Within two (2) hours of the City’s knowledge of a spill of 1,000 gallons or greater, from an City- owned and/or operated lateral, discharging or threatening to discharge to waters of the State:
ii. Notify California Office of Emergency Services and obtain a notification control number.
iii. Not applicable to a spill of less than 1,000 gallons.
NORMAL WORKING HOURS ARE MONDAY-FRIDAY 7:30am-4:00pm
City Office Phone Number for Normal Working Hours: (805) 473-5485 After Hours Calls to Police Department: (805) 473-5100 or 911 Utilities Supervisor
Tim Schmidt
Office: (805) 473-5461
Cell: (805) 709-1001
Utilities Manager
Shane Taylor
Office: (805) 473-5464
Cell: (805) 459-4859
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 8 June 2023 SAFETY
Whenever City staff responds to a report of a spill, they may encounter an emergency situation that requires immediate action. The most critical aspect of resolving an incident of this nature is to safely and competently perform the actions necessary to return service as soon as possible and to keep public health and environmental impacts to a minimum.
Wastewater Operators may be required to implement the following safety procedures:
Ͳ Lockout/Tag-out for equipment repair or maintenance
Ͳ Confined Space entry
Ͳ Traffic Control
Ͳ Equipment and/or vehicle operation
Ͳ Use of PPE
Communication during an emergency is critical. All City employees use cell phones, and all City vehicles are equipped with two-way radios to communicate during a sewer spill.
PROCEDURES
When an On-Call Operator receives notification of a potential spill or alarm from any lift station, they are required to respond to calls within an allotted 15 minutes. All Operators must assess the situation and extent of emergency and determine whether there is a need for assistance from their Supervisor or other Operators (i.e. generator use, confined space, electrical problems, etc.). All Spill Response requires staff to document applicable conditions on a Spill Response Field Checklist attached to this SERP.
Traffic & Crowd Control:
If it is determined that traffic control is necessary, the Operator should follow the methods below:
1. Use traffic cones, barricades, or warning tape to detour vehicles and/or pedestrians around the work area safely. The City utilizes the California Manual on Uniform Traffic Control (MUTC) and the Temporary Traffic Control to implement Temporary Traffic Controls during a sewer spill.
2. Use reflective vests when working in or around a roadway, regardless of day or night.
3. Use appropriate traffic control patterns and advanced warning signs.
4. Establish a work zone.
a. This is commonly done by using your truck to block the road and restrict access to the area you are working in.
b. Turn on the maintenance vehicle’s flashing beacon lights for greater visibility.
5. If it is necessary to close a traffic lane or the entire road for safety, follow the procedures outlined in the latest edition/revision of the CMUTC:
a. Deploy road work/closure signage, and station flaggers to direct traffic. b. Ensure that supervisorial staff are aware of any lane closures or detours.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 9 June 2023
6. Public access must be restricted in areas where emergency response activities are occurring.
Once traffic control measures are in place, if necessary, diversions for pedestrians and bicyclists must be put in place.
a. Staff must restrict access to areas that fit this description whenever it is safe to do so, directing the public to the nearest safe route of travel away from the impacted area. b. If crowd control is needed, the First Responder calls (805) 473-5460 during business hours or calls (805) 473-5100 after hours.
7. If maintenance operations will be occurring near bicyclist and pedestrian travel routes, use safety cones, caution tape, and warning signs to divert pedestrians and bicyclists and restrict access to your work area. Where feasible, provide a safe alternative route or detour for bicyclists and pedestrians away from vehicular traffic lanes.
Sewer Blockage/Spill Containment & Cleanup Guidelines:
Use combination cleaner (Vactor)
1. First priorities: Take photos of spill. Contain spill and avoid any spill into storm drain, catch basin, or surface water. Staff should utilize the City’s Storm Drain Maps to locate all potentially impacted storm drain inlets, intermediate maintenance holes where the spill might be contained and outlets where spill may reach surface water. Make a dam using sandbags & visqueen with dirt or sand piles over it to hold sandbags and visqueen in place. Operators must contact Supervisor as soon as possible and contact other wastewater personnel if assistance is necessary.
2. Open downstream manholes first to determine which is empty.
3. Attach diamond shaped nozzle to leader hose.
4. Insert Jetter into empty manhole.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 10 June 2023
5. Let Jetter ramp up to 2000 - 3000 RPM and ensure speed control dial is at the fastest setting before sending Jetter upstream (this will help create a ramming motion). The Operator should pay close attention to the hose reel as he/she will feel the Jetter “bounce” back once the blockage is reached.
6. Continue going back and forth using this same method, pulling back approximately 50 feet from where the blockage was felt each time until the nozzle had broken through the obstruction.
7. A crewmember should be staged on the downstream side of the Vactor to catch and dispose of any debris.
8. Once the Operator has broken through the blockage, immediately ramp down the RPM on Jetter and turn water valve to off position, this will help avoid hole sealing back up as the water pressure may cause debris to seal opening and potentially cause the nozzle and/or hose to get stuck.
9. For cleanup, vacuum puddled/dammed areas where sewage was contained, and then sweep down area. Spread chlorine over all contaminated areas. Using metered potable water, rinse down area and continue to vacuum as area is washed down until the entire spill zone is disinfected and any environmental impacts or health hazards have been minimized.
10. Collect Solids and polluted Soils for disposal to the SSLOCSD WWTP.
Photos will be taken of all affected areas once the spill is contained. Photograph areas prior to and post cleanup.
Force Main Failure:
Use combination cleaner (Vactor)
Turn off pump station and use Vactor to vacuum sewage from lift station, if applicable or contact City contractors if Vactor cannot maintain lift station flow. Operator should determine possible problems to the best of their ability and notify Supervisor as soon as possible. The City will contract all repairs deemed necessary in this event.
Pump Station Failures:
1. All City pump stations are equipped with and continuously monitored by SCADA. Thresholds for High and Low water set points are set in place to notify City personnel in the event of pump station failure. In the event of failure, the City’s SCADA system will alert remotely, and a call will be made to the On-Call Operator.
2. When the On-Call Operator receives a call, they will respond within 15 minutes to the incident to confirm the nature of the emergency.
3. Upon response, a determination must be made by the On-Call Operator as to which type of action should or can be made to remedy the problem. If a remedy cannot be made by the OnCall Operator, they are to notify the Utilities Supervisor and/or Utilities Manager as quickly as possible. In the event of a power outage, the On-Call Operator must obtain the assistance of another operator or if there is a need to use a City portable generator. Operators must follow
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 11 June 2023 City generator operation procedures (found on the inside of the back door of both City portable generators).
4. If there is a need for emergency bypass pumping, and bypass capabilities are accessible, the Operator must follow procedures for bypass.
CONTINGENCIES FOR PUMP STATION POWER OUTAGES AND FAILURES The following equipment, contractors and vendors are provided in the event they are necessary for Lift Station Emergencies.
Emergency Equipment
Equipment Description & Quantity Model Number/Serial Number Vactor Truck (1) Model 21P-FN, Serial # 12-06V-13165
Trailer Mounted Generator (1) Caterpillar Model 3306, Serial # 85701869
Trailer Mounted 6” Bypass Pump (1) Gorman Rupp 6”,
Model # 16C2F300,
Serial # 703343
Portable 3” Pump (1) Multi Quip 3”
Model #QP-301-TH
Serial # 301TH-7945
Trailer Mounted Bypass Pump 6” (1) Multiquip, MQ 600 HP Fairbanks Morse 60 hp
4” Submersible Pump (1)
Model #5435MV
Serial #1291086
Tesco-Liquitronic 3: Level Controllers (4) L3000 / N/A
Emergency Contractor and Equipment Phone Numbers
Electrical Controls and Service
NVIRO (805) 801-4065
PG&E 1-800-743-5002
Rental Generators
Quinn (805) 207-9823
Underground Excavation
Dig Alert (USA) 811
Gas Lines
SoCal Gas 1-877-238-0092
Sewer Spill Pumper Trucks
Pacific Petroleum (805) 925-1947
Pumps & Pump Motors
Perry’s Electric Motors (805) 925-8761
Flo Systems (818) 562-5282
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 12 June 2023 Force Main Spills
1. If a Spill resulting from a leak or break in a force main, containment and Spill response activities should proceed as described above in Pump Station Failures.
2. The lift station connected to the leaking force main should be turned off and bypass procedures should be implemented until the leak can be repaired.
3. The Vactor truck and bypass pump should be used to either begin removing wastewater from the Spill site, discharging the wastewater back into the sanitary sewer system, or assisting with lift station bypass procedures.
Prolonged Spill Response
1. If normal mitigation efforts are unsuccessful and the source of the Spill cannot be cleared by standard Vactor jetting, other methods may be necessary to stop the Spill.
2. If excavation is identified as the only method of clearing the blockage, Staff should contact the Supervisor to implement a plan to excavate and take additional steps as necessary.
3. Depending on the volume of the Spill, additional pumper trucks or portable bypass pumping may be necessary to keep the Spill containment area from breaching the contained area.
Contractor Response
The following procedures are to be followed in the event that a contractor/plumber causes or witnesses a Sanitary Sewer Spill. If the contractor/plumber causes or witnesses an Spill they should:
1. Immediately notify the City Public Works Office.
2. Protect storm drains.
3. Protect the public.
4. Provide information to the First Responder or Supervisor such as start time, appearance point, suspected cause, weather conditions, etc.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 13 June 2023
CONTINGENCY DATA FOR INDIVIDUAL LIFT STATIONS
General Emergency Response data for each Lift Station is provided below.
Lift Station #1 (West Branch Street – South of North Oak Park Blvd) Ͳ Lift Station is monitored by SCADA.
Ͳ Power Outage – Station is outfitted with its own permanent generator and ATS.
Ͳ Pump Failure – Station is outfitted with cam-lock in valve vault for bypass if necessary.
Ͳ Force Main Failure – Contact Supervisor: Pumper Trucks may be required to bypass until Force Main can be repaired.
Ͳ An aerial of the Lift Station and area storm drain inlets is provided below:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 14 June 2023 Lift Station #3 (Huasna Road – between Vard Loomis Lane and Calle Court) Ͳ Lift Station is monitored by SCADA
Ͳ Power Outage – Station is outfitted for portable emergency generator with portable generator receptacle.
Ͳ Pump Failure – Station is outfitted with cam-lock in valve vault for bypass if necessary.
Ͳ Force Main Failure – Contact Supervisor: Pumper Trucks may be required to bypass until Force Main can be repaired.
Ͳ An aerial of the Lift Station and area storm drain inlets is provided below:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 15 June 2023 Lift Station #4 (Bambi Court – Intersection of Bambi Court and Tiger Tail Drive) Ͳ Lift Station is monitored by SCADA
Ͳ Power Outage – Station is not equipped with emergency generator connection, requires pumper truck, Vactor or other bypass during prolonged power failure.
Ͳ Pump Failure – Station is not outfitted with bypass capabilities. Bypass operations for this lift station requires a 3” portable pump and discharge hose (~ 75 ft of discharge hose required) to bypass from wet well to nearest gravity manhole at intersection of Bambi Court and Tiger Tail Drive.
Ͳ Force Main Failure – Contact Supervisor: Pumper Trucks may be required to bypass until Force Main can be repaired.
Ͳ An aerial of the Lift Station and area storm drain inlets is provided below:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 16 June 2023 Lift Station #5 (Taylor Street – at end of Taylor Street cul-de-sac , intersection with Taylor Place) Ͳ Lift Station is monitored by SCADA.
Ͳ Power Outage – Station is not equipped with emergency generator connection, requires pumper truck, Vactor or other bypass during prolonged power failure.
Ͳ Pump Failure – Station is not outfitted with bypass capabilities. Bypass operations for this lift station requires a 3” portable pump and discharge hose (~ 425 ft of discharge hose required) to bypass from wet well to nearest gravity manhole at intersection of South Alpine Street and Taylor Streets.
Ͳ Force Main Failure – Contact Supervisor: Pumper Trucks may be required to bypass until Force Main can be repaired.
Ͳ An aerial of the Lift Station and area storm drain inlets is provided below:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 17 June 2023 Lift Station #7 (Raspberry Avenue – at corner of Cranberry Street and Raspberry Street) Ͳ Lift Station is monitored by SCADA.
Ͳ Power Outage – Station is outfitted for portable emergency generator with portable generator receptacle.
Ͳ Pump Failure – Station is outfitted with cam-lock in valve vault for bypass if necessary.
Ͳ Force Main Failure – Contact Supervisor: Pumper Trucks may be required to bypass until Force Main can be repaired.
Ͳ An aerial of the Lift Station and area storm drain inlets is provided below:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 18 June 2023
SPILL VOLUME ESTIMATION
There are three (3) Spill volume estimation methods, which are described below. The person preparing the estimate should use the method most appropriate to the Spill using the best information available. Photographs of the Spill at the time of arrival, during the Spill response, and after the Spill is stopped, and after the Spill is cleaned up must be taken as safety allows in order to assist City Staff with deriving a Spill volume estimate. However, taking photographs should not interfere with the first priorities of the responder, such as safeguarding the area, containing the Spill, and clearing the cause of the Spill.
Method 1: Eyeball Estimate
1. Applicability: For use on very small Spill s up to 100 gallons.
2. Image the amount of water that would spill from a bucket or barrel and use that image to estimate the volume of the Spill.
a. A bucket contains 5 gallons.
b. A barrel contains 55 gallons.
3. For Spill s greater than 55 gallons, divide the standing water into barrels and multiply the number of barrels by 55 gallons.
Method 2: Measured Volume
1. Applicability: For use on most Spills.
2. Use the Measured Volume Spill Estimation Worksheet, to document the calculations.
3. Sketch the shape of the contained sewage.
4. Measure or pace off the dimensions in feet.
5. Measure the depth in feet.
6. Calculate the are using the following formulas:
a. Rectangle: Area = length x width
b. Circle: Area = 0.785 x D2
where D is the circle diameter
c. Triangle: Area = base x height x 0.5
7. Multiply the area calculated in the previous step times the depth of the Spill.
8. Multiply this number by 7.48 to convert it to gallons.
9. This number is the volume of the Spill in gallons.
10. The Volume Estimation Guide can be referenced for additional calculation methods.
Method 3: Duration and Flow Rate
2. Applicability: For use on Spills where it is difficult or impossible to measure the area and depth.
3. Duration:
a. The duration is the elapsed time from the start time of the Spill to the time the Spill stopped.
b. Start Time:
i. Ask local residents about their observations of the Spills, including odors and sounds. This information can be used to estimate the start time. c. End Time:
i. This is the time at which the Spill was stopped by the field crew.
4. Flow Rate:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 19 June 2023 a. The flow rate is the average flow that left the sewer system during the time of the Spill, which can be estimated the following two (2) ways:
i. Maintenance Hole Flow Rate Chart
o Use the (attached) Active Spill Estimation Worksheet, to document the flow rate calculation.
o This chart illustrates the sewage flowing from a manhole cover for a variety of flow rates.
o The observations of the field crew, which must be documented in photographs, are used to select the approximate flow rate from the chart.
ii. Upstream Connections
o Once the location of the Spill is known, the number of upstream connections can be determined.
o Multiply the number of upstream connections by the average flow rate (gallons per hour) for that time of day.
a. The City Engineer should provide the flow rate based on the City’s typical flow curve.
b. This number can be converted to gallons per hour if necessary:
i. Flow Rate (gallons per hour) ÷ 24 hours/day = Flow
Rate (gallons per day)
5. Volume Estimate:
a. Estimated Spill Volume = Duration (in hours) x Flow Rate (in gallons per hour); or
b. Estimated Spill Volume = Duration (in days) x Flow Rate (in gallons per day).
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 20 June 2023 Areas and Volumes
Spill Estimation Guide
PURPOSE
The purpose of this guide is to assist with the estimation of the Volume of a Sewage Spill. It has limited application, as it can be used on dry surfaces where the limits of the spill footprint can be determined and in instances when the spill is contained. It does not require that the Spill Duration and Spill Flow Rate be known. However, any and all information available should be used if it helps to make a more accurate estimate.
HOW IT WORKS
This guide contains formulas for determining the volume of some basic geometric shapes and some simple conversions that are necessary to determine volume (in gallons.) Any sewage spill will leave a ‘wetted footprint’ on the surfaces affected. This guide will help you to determine the area of the wetted footprint of the spill. The wetted footprint will not likely be a geometric shape that is easy to determine the area. You will have to be creative and find the familiar shapes within the shape. This will be demonstrated later in the guide. After determining the area contacted by the spill, the depth of the spilled sewage must be determined, which, combined with the area, will lead to the volume spilled.
CONVERSIONS
** To convert inches into feet: Divide the inches by 12.
Example: 27” / 12 = 2.25’
Or Use Chart A
Example: 1 ¾” = ?
1” (0.08’) + ¾” (0.06’) = 0.14’
** One Cubic Foot can contain 7.48 gallons of liquid.
Chart A
Conversion:
Inches to
Feet
1/8” = 0.01’
1/4” = 0.02’
3/8” = 0.03’
1/2” = 0.04’
5/8” = 0.05’
3/4” = 0.06’
7/8” = 0.07’
1” = 0.08’
2” = 0.17’
3” = 0.25’
4” = 0.33’
5” = 0.42’
6” = 0.50’
7” = 0.58’
8” = 0.67’
9” = 0.75’
10” = 0.83’
11” = 0.92’
12” = 1.00’
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 21 June 2023 Areas and Volumes
Spill Estimation Guide
GEOMETRY
For the purposes of this guide, the unit of measurement will be in feet for formula examples.
Area is two-dimensional - represented in square feet. (Length x Width) Volume is three-dimensional - represented in cubic feet. (Length x Width x depth) or (Diameter Squared) D2 x 0.785 x depth.
A Note about Depth
Wet Stain on a Concrete Surface - For a stain on concrete, use 0.0026’. This number is 1/32” converted to feet. For a stain on asphalt use 0.0013’ (1/64”). These were determined to be a reasonable depth to use on the respective surfaces through a process of trial and error. A known amount of water (one gallon) was poured onto both asphalt and concrete surfaces. Once the Area was determined as accurately as possible, different depths were used to determine the volume of the wetted footprint until the formula produced a result that (closely) matched the one gallon spilled. 1/32” was the most consistently accurate depth on concrete and 1/64” for asphalt. This process was repeated several times.
Sewage “Ponding” or Contained – Measure actual depth of standing sewage whenever possible.
When depth varies, measure several (representative) points, determine the average and use that number in your formula to determine volume.
Area/Volume Formulas
Area is two dimensional and is represented as Square Feet (SQ/FT) Volume is three dimensional and is represented as Cubic Feet (CU/FT) One Cubic Foot can hold 7.48 gallons
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 22 June 2023 Areas and Volumes
Spill Estimation Guide
AREA/VOLUME OF A RECTANGLE OR SQUARE
Formula: Length x Width x Depth = Volume in Cubic Feet
Depth = 1 ¾”
Length (25’) x Width (12’) x Depth (0.14’)
25’ x 12’ x 0.14’ = 42 Cubic Feet.
Now the Volume in Cubic Feet is known.
There are 7.48 Gallons in one Cubic Foot
So, 42 Cubic Feet x 7.48 gallons/cubic feet = 314 Gallons 12’
25’
Chart A
Conversion:
Inches to
Feet
1/8” = 0.01’
1/4” = 0.02’
3/8” = 0.03’
1/2” = 0.04’
5/8” = 0.05’
3/4” = 0.06’
7/8” = 0.07’
1” = 0.08’
2” = 0.17’
3” = 0.25’
4” = 0.33’
5” = 0.42’
6” = 0.50’
7” = 0.58’
8” = 0.67’
9” = 0.75’
10” = 0.83’
11” = 0.92’
12” = 1.00’
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 23 June 2023 Areas and Volumes
Spill Estimation Guide
AREA/VOLUME OF A RIGHT TRIANGLE
Base x Height x 0.5 x Depth = Volume in Cubic Feet
Depth = 5/8”
Base (45’) x Height (10’) x 0.5 x Depth (.05’) x 7.48 gallons/cubic foot = 84 gallons For Isosceles Triangles (two sides are equal lengths),
Break it down into two Right Triangles and compute area as you would for the Right Triangle above.
10’
45’
Chart A
Conversion:
Inches to
Feet
1/8” = 0.01’
1/4” = 0.02’
3/8” = 0.03’
1/2” = 0.04’
5/8” = 0.05’
3/4” = 0.06’
7/8” = 0.07’
1” = 0.08’
2” = 0.17’
3” = 0.25’
4” = 0.33’
5” = 0.42’
6” = 0.50’
7” = 0.58’
8” = 0.67’
9” = 0.75’
10” = 0.83’
11” = 0.92’
12” = 1.00’
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 24 June 2023 Areas and Volumes
Spill Estimation Guide
AREA/VOLUME OF A CIRCLE/CYLINDER
Diameter Squared x 0.785 x Depth = Volume in cubic feet.
Diameter = Any straight-line segment that passes through the center of a circle.
For our purposes, it is the measurement across the widest part of a circle.
D2 x 0.785 x depth = Volume in cubic feet
Example:
27’ x 27’ x 0.785 x 0.03 = 17.17 cubic feet
17.17 cubic feet x 7.48 gallons/cubic feet = 128 gallons Diameter =
27’
Depth =
3/8”
Chart - A
Conversion:
Inches to Feet
1/8” = 0.01’
1/4” = 0.02’
3/8” = 0.03’
1/2” = 0.04’
5/8” = 0.05’
3/4” = 0.06’
7/8” = 0.07’
1” = 0.08’
2” = 0.17’
3” = 0.25’
4” = 0.33’
5” = 0.42’
6” = 0.50’
7” = 0.58’
8” = 0.67’
9” = 0.75’
10” = 0.83’
11” = 0.92’
12” = 1.00’
D2 x 0.785 x d
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 25 June 2023 Areas and Volumes
Spill Estimation Guide
Find the geometric shapes within the shape. If this was the shape of your spill, break it down, as best you can, with the shapes we know.
1. Determine the volumes of each
shape.
In this example, after the volume of the circle is
determined, multiply it by 55% (+/-) so that the
overlap area won’t be counted twice.
2. Add all the volumes to determine
total spill volume.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 26 June 2023 Areas and Volumes
Spill Estimation Guide
If the spill depth is of varying depths, take several measurements at different depths and find the average.
2” + 1.5” + 1.25” + 1” + 1” + 0.75” + 0.5” + 0.25” = 8.25”
8.25” / 8 measurements = 1.03”
Average Depth = 1.03”
2”
1.5”
1.25”
1”
0.5”
0.25” 0.75”
1.”
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 27 June 2023 Areas and Volumes
Spill Estimation Guide
2” + 1.5” + 1.25” + 3” + 5” + 1.25” = 14.0”
14.0” / 6 measurements = 2.33”
Average Depth = 2.33” (0.194’)
2”
1.5”
1.25”
3”
5”
1.25”
Step 1
If the spill affects a dry,
unimproved area such as a field
or dirt parking lot, determine the
Area of the wetted ground in
the same manner as you would
on a hard surface. Using a
round-point shovel, dig down
into the soil until you find dry
soil. Do this in several
locations within the wetted area
and measure the depth of the
wet soil. Average the
measurement/thickness of the
wet soil and determine the
average depth of the wet soil.
Step 2
Take a Test Sample
( See Next Page)
NOTE: This can be used in a (Dry) dirt or
grassy area that is not regularly irrigated
like a field or a dirt parking lot.
Wet weather would make this method
ineffective.
EXAMPLE:
If the Area of the spill was determined to be 128
Sq/Ft and the average depth of the wet soil is 2.33
inches:
128 Sq/Ft x 0.194’ = 24.83 Cu/Ft
24.83 Cu/Ft x 7.48 Gals/Cu/Ft = 185.74 gallons
185.74 x 18% = 33 Gallons (water in soil)
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 28 June 2023 Areas and Volumes
Spill Estimation Guide
(Test) SAMPLING SOIL FOR WATER CONTENT
Once you have determined the wetted footprint of the spill, you will want to determine the water (sewage) content in the soil.
1. Select an area of dry soil (near the wetted footprint of the spill) to sample.
2. Pour a known amount of water onto the soil and let it soak in for an adequate amount of time. If possible, use a form to keep the water contained to a geometric shape (circle, square, rectangle, etc.).
3. Determine the Area of the wetted footprint.
4. Using a small hand tool, dig down into the soil until dry soil is reached. Measure the depth of the wet soil. Do this in multiple locations and average the measurements.
5. Multiply the Area by the Average Depth of the wet soil to determine the volume of the wet soil.
6. Determine the water content in the soil
a. Since you started with a known amount, you know how much water is in the soil. b. Divide that known amount by the volume determined in step 5 to arrive at the percent of water content in the soil.
c. Arrive at the water content of the soil (percent)
Example:
1. Place a 2-foot diameter form onto an area of dry soil.
2. Pour one gallon of water into the form and let it soak in for 15 minutes.
3. Pull the form and measure the Area of the wetted soil (it will likely be larger than the form).
Let’s say 26” diameter.
4. Dig into the soil in 3 locations and measure the depth of the wetted soil.
5. Average the 3 measurements. (Let’s say 2.5”, 1.5” & 3.75” = 7.75”. divide by 3 = 2.58” or
0.215’)
6. Determine the Area of the Circle (D2 x 0.785) 2.16’ x 2.16’ x 0.785 = 3.66 Sq/Ft
7. Multiply the Area by the Average Depth to get the Volume (3.66 x 0.215’ = 0.79 Cu/Ft)
8. Multiply 0.79 cubic feet by 7.48 gallons/Cu/ft = 5.9 gallons.
9. Divide 1 Gallon (known Amount) by 5.9 gallons = .17 or 17% is the water content in the soil.
10. Now you have determined that the water content in the soil is 17%. Apply this to your actual spill area.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 29 June 2023 Measured Volume Spill Estimation Worksheet
Surface: Asphalt Concrete Dirt Landscape Inside Building Other____________________ (Draw / Sketch outline of Spill ‘Footprint’ and attach photos) ~~ Breakdown the ‘Footprint’ into Recognizable Shapes and Determine Dimensions of Each Shape ~~ Area #1______________________________________________________________________% Wet _______ Stain. Depth1_____ Depth2 _____ Depth3 _____ Depth4 _____ Depth5 _____ Depth6 _____ Area #2______________________________________________________________________ % Wet _______ Stain. Depth1_____ Depth2 _____ Depth3 _____ Depth4 _____ Depth5 _____ Depth6 _____ Area #3______________________________________________________________________ % Wet _______ Stain. Depth1_____ Depth2 _____ Depth3 _____ Depth4 _____ Depth5 _____ Depth6 _____ Area #4______________________________________________________________________ % Wet _______ Stain. Depth1_____ Depth2 _____ Depth3 _____ Depth4 _____ Depth5 _____ Depth6 _____ Area #5______________________________________________________________________ % Wet _______ Stain. Depth1_____ Depth2 _____ Depth3 _____ Depth4 _____ Depth5 _____ Depth6 _____ Area #6_______________________________________________________________________% Wet _______ Stain. Depth1_____ Depth2 _____ Depth3 _____ Depth4 _____ Depth5 _____ Depth6 _____ (To be Completed by Supervisor)
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 30 June 2023 Measured Volume Spill Estimation Worksheet
Area #1 Square Feet: ______________ x % Wet _______ = ____________ Sq/Ft Ave Depth: ______________ Concrete 0.0026’ Asphalt 0.0013’ Volume: ________________ Cu/Ft
Area #2 Square Feet: ______________ x % Wet _______ = ____________ Sq/Ft Ave Depth: ______________ Concrete 0.0026’ Asphalt 0.0013’ Volume: ________________ Cu/Ft
Area #3 Square Feet: ______________ x % Wet _______ = ____________ Sq/Ft Ave Depth: ______________ Concrete 0.0026’ Asphalt 0.0013’ Volume: ________________ Cu/Ft
Area #4 Square Feet: ______________ x % Wet _______ = ____________ Sq/Ft Ave Depth: ______________ Concrete 0.0026’ Asphalt 0.0013’ Volume: ________________ Cu/Ft
Area #5 Square Feet: ______________ x % Wet _______ = ____________ Sq/Ft Ave Depth: ______________ Concrete 0.0026’ Asphalt 0.0013’ Volume: ________________ Cu/Ft
Area #6 Square Feet: ______________ x % Wet _______ = ____________ Sq/Ft Ave Depth: ______________ Concrete 0.0026’ Asphalt 0.0013’ Volume: ________________ Cu/Ft
Total Volume:
#1 ________, #2 ________, #3 ________, #4 ________, #5 ________, #6 ________ = ________*cu ft _________ *cu ft x 7.48 gallons = _____________ gallons Spilled.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 31 June 2023 Active Spill Estimation Worksheet
Maintenance Hole ID: ____________ Cleanout Address: ____________________________________ Photo(s) of Maintenance Hole Opening: 24-inch 36-inch Other: ________________________ Time Measurements were taken: ______:______ AM PM
Pick Hole Measured Height: __________ inches Attach Photos Quadrant A Highest Measure: __________ inches. % of Quadrant Spilling ________ Quadrant B Highest Measure: __________ inches. % of Quadrant Spilling ________ Quadrant C Highest Measure: __________ inches. % of Quadrant Spilling ________ Quadrant D Highest Measure: __________ inches. % of Quadrant Spilling ________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ or
Measured Height from Clean Out: __________ inches (top of stack to top of water) A B
C D
9 3
Pick Hole
(Always 12:00)
Shade in Quadrant to
indicate area(s) where
water is pushing up ¼”
or more.
Shade in Quadrant to
indicate area(s) where
water is pushing up ¼”
or more.
12 6
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 32 June 2023 Active Spill Estimation Worksheet
Sample Templates for Spill Volume Estimation
TABLE 'A'
ESTIMATED SPILL FLOW OUT OF M/H WITH COVER IN PLACE
AND WITH M/H COVER REMOVED
24” Frame 36” Frame
Height of
spout above
rim: inches
Spill Flow:
GPM
covered
M/H
Spill Flow:
GPM
uncovered
M/H
Height of
spout above
rim: inches
Spill Flow:
GPM
covered
M/H
Spill Flow:
GPM
uncovered
M/H
.25 1 62 .25 1 111
.5 3 160 .5 4 271
.75 6 354 .75 8 458
1.0 9 799 1.0 13 660
1.25 12 1340 1.25 18 1486
1.5 16 1986 1.5 24 2424
1.75 21 2799 1.75 31 3382
2.0 25 3444 2.0 37 4458
2.25 31 3986 2.25 45 5556
2.5 38 4437 2.5 55 6764
2.75 45 4687 2.75 66 7972
3.0 54 4910 3.0 78 9062
3.25 64 * 3.25 93 10139
3.5 75 3.5 109 11097
3.75 87 3.75 127 12035
4.0 100 4.0 147 12861
4.25 115 4.25 169 13285
4.5 131 4.5 192 *
4.75 148 4.75 217
5.0 166 5.0 243
5.25 185 5.25 270
5.5 204 5.5 299
5.75 224 5.75 327
6.0 244 6.0 357
6.25 265 6.25 387
6.5 286 6.5 419
6.75 308 6.75 451
7.0 331 7.0 483
7.25 354 7.25 517
7.5 377 7.5 551
7.75 401 7.75 587
8.0 426 8.0 622
*Uncovered GPM estimates for 24” and 36” Maintenance Holes stop at 3” and 4.25” respectively as they would require gravity sewer lines in excess of 24” and 36” to create conditions allowing for flow rates to exceed these estimates.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 33 June 2023 Active Spill Estimation Worksheet
Sample Templates for Spill Volume Estimation
Table “B”
ESTIMATED SPILL FLOW FROM PICK HOLE
Estimates for 7/8” Pick Hole
Height of Spout Above M/H Cover in Inches Spill Flow in GPM .16 (1/8) 1.0
.25 (1/4) 1.4
.5 (1/2) 1.9
.75 (3/4) 2.4
1.0 2.7
1.25 3.1
1.5 3.4
1.75 3.6
2.0 3.9
2.25 4.1
2.5 4.3
2.75 4.5
3.0 4.7
3.25 4.9
3.5 5.1
3.75 5.3
4.0 5.5
4.25 5.6
4.5 5.8
4.75 6.0
5.0 6.1
5.25 6.3
5.5 6.4
5.75 6.6
6.0 6.7
6.25 6.8
6.5 (unrestrained M/H cover will start to lift)
7.0 6.75 7.1
7.0 7.2
7.25 7.4
7.5 7.5
7.75 7.6
8.0 7.7
8.25 7.9
8.5 8.0
8.75 8.1
9.0 8.2
9.25 8.3
9.5 8.4
9.75 8.5
10.0 8.7
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 34 June 2023 Spill Flow Rate Method Worksheet
Completed By: __________ Measuring Maintenance Hole: ________________ How was Flow Rate Determined?
(Attach worksheets, reports, etc. used in determination) Flow Calculation Work Sheet; Determined Flow Rate: __________ GPM Active Spill Estimation Worksheet; Determined Flow Rate __________ GPM Flow Monitoring Equipment;
If Flow Monitoring Equipment:
Measuring Period: From ______/______/______ at _____:_____ To ______/______/______ at _____:_____
Average Flow Rate During Same Time of Day as Spill Occurred: ___________ GPM Flow Measured - Downstream Maintenance Hole ID: _____________; Flow __________ GPM (See Spill Response Field Check List for Downstream flow information) (Attach Flow Calculation Worksheet)
Diurnal Flow Pattern applied: _____________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Comments: ____________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Duration: ___________ + Flow Rate (GPM) ____________ = Spill Volume ____________ Gallons
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 35 June 2023 Duration and Flow Rate Comparison
Compare the Spill to reference images below to estimate flow rate of the current overflow.
NOTE: If the maintenance hole cover in your picture has vent holes or more than one pry hole, do not use these pictures for comparison.
Describe which reference photo(s) were used and any additional factors that influenced applying the reference photo data to the actual Spill:
Maintenance Hole Overflow Gauge: CWEA Southern Section Collections Systems Committee Overflow Simulation
Flow Rate Based on Photo Comparison: gallons per minute (gpm) Start Date and Time 1.
End Date and Time 2.
Spill Event Total Time Elapsed
(subtract Line 1 from Line 2. Show in minutes.)
3. Average Flow Rate GPM (Account for diurnal flow pattern) 4.
Total Volume Estimated Using Duration and Flow Method (Line 3 x Line 4)
5.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 36 June 2023
COORDINATION WITH STORM DRAIN AGENCIES & LOCAL UTILITY AGENCIES Storm Water System
The City owns the stormwater system in the City service area and is responsible for operating and managing the Municipal Separate Storm Sewer System (MS4).
City staff have copies of the MS4 System Storm Drain Collection and Conveyance System maps which are utilized by City staff in the event of a sewer spill that occurs in the vicinity of a storm drain inlet, drainage conveyance and/or drainage channel. Maps are utilized to identify inlets, outlets and intermediate maintenance holes that may be used to isolate any wastewater that may enter the system.
The goals of City operations staff are:
o Proactively restrict any wastewater from entering the storm drain utilizing damming and diking techniques in areas around storm drain inlets or drainage channels, o Isolate and contain any wastewater that enters the storm drain system, o Recover wastewater that enters any portion of the storm drain system, o Clean the impacted storm drain system utilizing methods that will not impact water quality in downstream water bodies,
o Return all wastewater and wash water recovered from storm drain system to the sanitary sewer system.
Water Systems
Coordination with any public water system that experiences a sewer spill within 1,000 feet of a surface water intake is required to establish if the local water supply has been contaminated due to the sewer spill.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 37 June 2023
RECEIVING WATER MONITORING AND RECEIVING WATER CLOSURE
An important element of any water quality monitoring activities is the proper and thorough understanding of the service area and the various challenges the geography and sewer infrastructure in the service area with the potential of wastewater reaching surface waters or storm water facilities.
By evaluating the areas of concern in a service area such as creeks, aerial pipeline crossings over water ways and all storm water related infrastructure, the City can be better prepared to timely respond to any Spill reaching surface waters and to minimize the impacts of an Spill in or around local surface waters and storm water infrastructure.
Surface waters of concern are those surface waters within the City’s service area that may be impacted by a sanitary sewer spill from the City’s sanitary sewer collection system. Prior planning, review and evaluation of potential failure points can help minimize any potential impacts to surface waters or storm water infrastructure when and if the water quality monitoring must be implemented.
Any review of these areas of potential surface water contamination in advance of a Spill should allow the City to be better prepared to respond to an Spill with the proper equipment and a better understanding of the procedures that may need to be invoked during the Spill such as flow rate of a creek or stream, and potential areas of significant environmental concern.
MONITORING
Visual Observation
In the event of a spill to a Receiving Water/Surface Water, the City must gather and document the following information:
o Estimated spill travel time to the receiving water;
o For spills entering a drainage conveyance system, estimated spill travel time from the point of entry into the drainage conveyance system to the point of discharge into the receiving water;
o Estimated spill volume entering the receiving water; and o Photography of:
• Waterbody bank erosion,
• Floating matter,
• Water surface sheen (potentially from oil and grease), • Discoloration of receiving water, and
• Impact to the receiving water.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 38 June 2023 Receiving Water – Water Quality Sampling & Analysis
ELAP Certified Lab
All samples must be analyzed by an ELAP Certified Lab. The City utilizes the following ELAP Certified Lab:
o Abalone Coast Analytical
141 Suburban Road, Suite C-1
SLO, CA 93401
Certification #: 2661
Phone: (805) 595-1080
For sewage spills in which an estimated 50,000 gallons or greater are discharged into a surface water, the City shall conduct the following water quality sampling no later than 18 hours after the City’s knowledge of a potential discharge to a surface water:
o Collect one water sample, each day of the duration of the spill, at:
• Stormwater Conveyance System: A point in a drainage conveyance system before the drainage conveyance system flow discharges into a receiving water, • Point of Discharge: A point in the receiving water where sewage initially enters the receiving water,
• Upstream of Discharge Point: A point in the receiving water, upstream of the point of sewage discharge, to capture ambient conditions absent of sewage discharge impacts.
• Downstream of Discharge Point: A point in the receiving water, downstream of the point of sewage discharge, where the spill material is fully mixed with the receiving water.
o Sampling Procedures:
• Collect samples away from bank of stream/creek,
• Collect samples against the direction of stream/creek flow , • Avoid sampling scum or debris in stream/creek flow,
• Bacterial Samples: - make sure to leave chemical additive in sample bottle while taking sample, avoid touching sample bottle cap form touching anything before screwing cap on bottle after sample is complete, make sure sample is collected at least 2” below surface of water,
• Complete chain of custody and make sure sample bottle is labeled appropriately, • Store sample bottles in cooler and deliver to lab for analysis. o If the receiving water has no flow during the duration of the spill, the City must report “No Sampling Due To No Flow” for its receiving water sampling locations. o The City must use its best professional judgment to determine the upstream and downstream distances based on receiving water flow, accessibility to upstream/downstream waterbody banks, and size of visible sewage plume.
o Samples for one of the following constituents must be collected and analyzed by an Environmental Laboratory Accreditation Program (ELAP) Certified Laboratory:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 39 June 2023 • Ammonia, and
• Escherichia coli (E-coli)
• Fecal Coliform
Escherichia coli (E-coli) and Fecal Coliform are the appropriate bacterial indicators identified for the Arroyo Grande Creek Watershed Water Quality Control Plan (2019).
Document all sample points discussed above on a map for submittal as part of the Technical Report submitted to the RWQCB. Document sample conditions stream/creek and any impacts to wildlife with photos.
Safety: If staff encounters access restrictions or unsafe conditions that prevents compliance with spill response requirements or monitoring requirements in the General Order, the City shall provide documentation of access restrictions and/or safety hazards in the corresponding required report.
WATER BODY CLOSURE
Creek Warnings and Closures
1. City Staff is responsible for posting the surface water warning or closure signs when there is a surface water advisory or closure due to a Spill. SLO County Environmental Health may conduct these postings. Make sure to coordinate with SLO County Environmental Health as it is ultimately the responsibility of the City to ensure this takes place.
2. The surface water advisory or closure pertains to the area where the Spill discharged into the surface water and 100 feet upstream and downstream.
3. The signs are posted at all public access points within this 200-foot area.
4. When City Staff determines that the surface water is no longer under an advisory or closure, City Staff is responsible for removing the signs and barricades.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 40 June 2023 BENEFICIAL USES: ARROYO GRANDE CREEK
The following are Beneficial Uses identified for the Arroyo Grande Creek and tributaries.
Evaluation of the water quality samples taken after a Spill of 50,000 gallons or greater and comparison of these sample results against the designations below and the constituent base line developed through Central Coast Ambient Water Quality Monitoring Program (www.ccamp.org) may be required.
o Municipal & Domestic
o Agricultural Supply
o Industrial Service Supply
o Groundwater Recharge
o Wildlife Habitat
o Warm Freshwater Habitat
o Migration of Aquatic Organisms
o Rare Threatened or Endangered Species
o Freshwater Replenishment
o Commercial and Sport Fishing
o Cold Freshwater Habitat
o Water Contact Recreation
o Non-Contact Recreation
o Spawning, Reproduction, and/or Early Development
Source: https://www.waterboards.ca.gov/resources/data_databases/basin_plan_portal.html While it is unlikely the City will have a sewer spill that will impact tributaries and/or Arroyo Grande Creek in a manner that would degrade the beneficial uses, the City should be prepared to analyze potential impacts in the event of a Category 1 Spill that is 50,000 gallons or greater which requires the development of a Technical Report.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 41 June 2023
REPORTING PROCEDURES
Summary Tables Notification, Monitoring, Reporting
Cat 1 Spill: Spills to Surface Waters
Spill
Requirement Action
Notification
Within two (2) hours of the City’s knowledge of a Category 1 spill of 1,000 gallons or greater, discharging or threatening to discharge to surface waters:
Notify the California Office of Emergency Services and obtain a notification control number. (800) 852-7550
Monitoring
x Conduct visual monitoring;
x Conduct water quality sampling of the receiving water within 18 hours of initial knowledge of spill of 50,000 gallons or greater to surface waters.
Reporting
x Submit Draft Spill Report within three (3) business days of the City’s knowledge of the spill;
x Submit Certified Spill Report within 15 calendar days of the spill end date;
x Submit Technical Report within 45 calendar days after the spill end date for a Category 1 spill in which 50,000 gallons or greater discharged to surface waters; and
x Submit Amended Spill Report within 90 calendar days after the spill end date.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 42 June 2023 Spill Category 2: Spills of 1,000 Gallons or Greater That Do Not Discharge to Surface Waters Spill
Requirements Action
Notification
Within two (2) hours of the Enrollee’s knowledge of a Category 2 spill of 1,000 gallons or greater, discharging or threatening to discharge to waters of the State:
Notify California Office of Emergency Services and obtain a notification control number. (800) 852-7550
Monitoring Conduct Visual Monitoring
Reporting
x Submit Draft Spill Report within three (3) business days of the City’s knowledge of the spill;
x Submit Certified Spill Report within 15 calendar days of the spill end date; and
x Submit Amended Spill Report within 90 calendar days after the spill end date.
Spill Category 3: Spills of Equal or Greater than 50 Gallons and Less than 1,000 Gallons That Does Not Discharge to Surface Waters
Spill
Requirements Action
Notification Not Applicable
Monitoring Conduct visual monitoring.
Reporting
x Submit monthly Certified Spill Report to the online CIWQS Sanitary Sewer System Database within 30 calendars days after the end of the month in which the spills occur; and
x Submit Amended Spill Reports within 90 calendar days after the Certified Spill Report due date.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 43 June 2023 Spill Category 4: Spills Less Than 50 Gallons That Do Not Discharge to Surface Waters Spill
Requirements Action
Notification Not Applicable
Monitoring Conduct visual monitoring.
Reporting
x If, during any calendar month, Category 4 spills occur, certify monthly, the estimated total spill volume exiting the sanitary sewer system, and the total number of all Category 4 spills into the online CIWQS Sanitary Sewer System Database, within 30 days after the end of the calendar month in which the spills occurred.
x Upload and certify a report, in an acceptable digital format, of all Category 4 spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occur.
Enrollee Owned and/or Operated Lateral Spills That Do Not Discharge to Surface Waters Spill
Requirements Action
Notification
Within two (2) hours of the City’s knowledge of a spill of 1,000 gallons or greater, from an enrollee- owned and/or operated lateral, discharging or threatening to discharge to waters of the State:
Notify California Office of Emergency Services and obtain a notification control number. (800) 852-7550
Not applicable to a spill of less than 1,000 gallons.
Monitoring Conduct visual monitoring.
Reporting
x Upload and certify a report, in an acceptable digital format, of all lateral spills (that do not discharge to a surface water) to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occur.
x Report a lateral spill of any volume that discharges to a surface water as a Category 1 spill.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 44 June 2023 Detailed Reporting Requirements
Category 1 Spills
Draft Category 1 Spill Report
The Draft Category 1 Spill Report must be completed in CIWQS as soon as possible, but no later than three (3) business days after the City is made aware of the Spill.
The Draft Category 1 Spill Report must include all of the following information:
• Contact information: Name and telephone number of City contact person to respond to spill-specific questions;
• Spill location name;
• Date and time the City was notified of, or self-discovered, the spill;
• Operator arrival time;
• Estimated spill start date and time;
• Date and time the City notified the California Office of Emergency Services, and the assigned control number;
• Description, photographs, and GPS coordinates of the system location where the spill originated. If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
• Estimated total spill volume exiting the system;
• Description and photographs of the extent of the spill and spill boundaries;
• Did the spill reach a drainage conveyance system? If Yes:
a. Description of the drainage conveyance system
transporting the spill;
b. Photographs of the drainage conveyance system entry
location(s);
c. Estimated spill volume fully recovered from the drainage conveyance system;
d. Estimated spill volume remaining within the drainage conveyance system;
• Description and photographs of all discharge point(s) into the surface water;
• Estimated spill volume that discharged to surface waters; and • Estimated total spill volume recovered.
If CIWQS is not available, the aforementioned information must be faxed to RWQCB at (805) 543-0397.
Final (Certified) Category 1 Spill Report
Within 15 calendar days of the spill end date, the City shall submit a Certified Spill Report for Category 1 spills, to the online CIWQS Sanitary Sewer System
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 45 June 2023 Database. Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number.
The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report above:
• Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;
• Spill end date and time;
• Description of how the spill volume estimations were calculated, including at a minimum:
a. The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition
(SCADA) records, flow monitoring or other telemetry
information used to estimate the volume of the spill
discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and
b. The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;
• Spill cause(s) (for example, root intrusion, grease deposition, etc.);
• System failure location (for example, main, lateral, pump station, etc.);
• Description of the pipe material, and estimated age of the pipe material, at the failure location;
• Description of the impact of the spill;
• Whether or not the spill was associated with a storm event; • Description of spill response activities including description of immediate spill containment and cleanup efforts;
• Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;
• Spill response completion date;
• Detailed narrative of investigation and investigation findings of cause of spill;
• Reasons for an ongoing investigation (as applicable) and the expected date of completion;
• Name and type of receiving water body(s);
• Description of the water body(s), including but not limited to:
a. Observed impacts on aquatic life,
b. Public closure, restricted public access, temporary
restricted use,
and/or posted health warnings due to spill,
c. Responsible entity for closing/restricting use of water body, and
d. Number of days closed/restricted as a result of the spill.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 46 June 2023 e. Whether or not the spill was located within 1,000 feet of a municipal surface water intake; and
• If water quality samples were collected, identify sample locations and the parameters the water quality samples were analyzed for. If no samples were taken, Not Applicable shall be selected. • If CIWQS is not available, the aforementioned information must be faxed to RWQCB at (805) 543-0397.
Spill Technical Report
The City shall submit a Spill Technical Report in CIWQS within forty-five (45) calendar days of the Spill end date for any Spill in which 50,000 gallons or greater are spilled to surface waters.
The Spill Technical Report shall include:
For any spill in which 50,000 gallons or greater discharged into a surface water, within 45 calendar days of the spill end date, the City shall submit a Spill Technical Report to the online CIWQS Sanitary Sewer System Database. The Spill Technical Report, at minimum, must include the following information:
• Spill causes and circumstances, including at minimum:
• Complete and detailed explanation of how and when the spill was discovered;
• Photographs illustrating the spill origin, the extent and reach of the spill, drainage conveyance system entrance and exit, receiving water, and post-cleanup site conditions;
• Diagram showing the spill failure point, appearance point(s), the spill flow path, and ultimate destinations;
• Detailed description of the methodology employed, and available data used to calculate the discharge volume and, if applicable, the recovered spill volume;
• Detailed description of the spill cause(s);
• Description of the pipe material, and estimated age of the pipe material, at the failure location;
• Description of the impact of the spill;
• Copy of original field crew records used to document the spill; and
• Historical maintenance records for the failure location.
City’s response to the spill:
• Chronological narrative description of all actions taken by the City to terminate the spill;
• Explanation of how the Sewer System Management Plan Spill Emergency Response Plan was implemented to respond to and mitigate the spill; and
• Final corrective action(s) completed and a schedule for planned corrective actions, including:
• Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable,
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 47 June 2023 • Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill
occurrences, and
• Necessary modifications to the Emergency Spill Response Plan to incorporate lessons learned in responding to and mitigating the spill.
Water Quality Monitoring, including at minimum:
• Description of all water quality sampling activities conducted; • List of pollutant and parameters monitored, sampled and analyzed; as required in the General Order;
• Laboratory results, including laboratory reports;
• Detailed location map illustrating all water quality sampling points; and
• Other regulatory agencies receiving sample results (if applicable).
Evaluation of spill impact(s), including a description of short-term and long-term impact(s) to beneficial uses of the surface water.
If CIWQS is not available, the aforementioned information must be faxed to RWQCB at (805) 543-0397.
Amended Certified Spill Reports for Individual Category 1 Spills The City shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The City shall certify the amended report.
After 90 calendar days, the City shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.
Category 2 Spills
Draft Category 2 Spill Report
Within three (3) business days of the City’s knowledge of a Category 2 spill, the City shall submit a Draft Spill Report to the online CIWQS Sanitary Sewer System Database.
The Draft Spill Report must, at minimum, include the following items:
i. Contact information: Name and telephone number of City contact person to respond to spill-specific questions;
ii. Spill location name;
iii. Date and time the City was notified of, or self-discovered, the spill; iv. Operator arrival time;
v. Estimated spill start date and time;
vi. Date and time the City notified the California Office of Emergency Services, and the assigned control number;
vii. Description, photographs, and GPS coordinates of the system location where the spill originated;
viii. If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 48 June 2023 each additional appearance point in the spill appearance point explanation field;
ix. Estimated total spill volume exiting the system;
x. Description and photographs of the extent of the spill and spill boundaries; xi. Did the spill reach a drainage conveyance system? If Yes:
o Description of the drainage conveyance system transporting the spill; o Photographs of the drainage conveyance system entry location(s); o Estimated spill volume fully recovered from the drainage conveyance system;
o Estimated spill volume remaining within the drainage conveyance system;
o Estimated spill volume discharged to a groundwater infiltration basin or facility, if applicable; and
xii. Estimated total spill volume recovered.
If CIWQS is not available, the aforementioned information must be faxed to RWQCB at (805) 543-0397.
Final (Certified) Category 2 Spill Report
Within 15 calendar days of the spill end date, the City shall submit a Certified Spill Report for the Category 2 spill, to the online CIWQS Sanitary Sewer System Database (https://ciwqs.waterboards.ca.gov). Upon completion of the Certified Spill Report, the online CIWQS Sanitary Sewer System Database will issue a final spill event identification number. The Certified Spill Report must, at minimum, include the following mandatory information in addition to all information in the Draft Spill Report above:
• Description of the spill event destination(s), including GPS coordinates if available, that represent the full spread and reach of the spill;
• Spill end date and time;
• Description of how the spill volume estimations were calculated, including at a minimum:
a. The methodology, assumptions and type of data relied upon, such as supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was
recovered), and
b. The methodology(ies), assumptions and type of data relied upon for estimations of the spill start time and the spill end time;
• Spill cause(s) (for example, root intrusion, grease deposition, etc.); • System failure location (for example, main, pump station, etc.); • Description of the pipe/infrastructure material, and estimated age of the pipe material, at the failure location;
• Description of the impact of the spill;
• Whether or not the spill was associated with a storm event;
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 49 June 2023 • Description of spill response activities including description of immediate spill containment and cleanup efforts;
• Description of spill corrective action, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of major milestones for those steps;
• Spill response completion date;
• Detailed narrative of investigation and investigation findings of cause of spill;
• Reasons for an ongoing investigation (as applicable) and the expected date of completion; and
• Whether or not the spill was located within 1,000 feet of a municipal surface water intake.
If CIWQS is not available, the aforementioned information must be faxed to RWQCB at (805) 543-0397.
Amended Certified Spill Reports for Individual Category 2 Spills The City shall update or add additional information to a Certified Spill Report within 90 calendar days of the spill end date by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The City shall certify the amended report.
After 90 calendar days, the City shall contact the State Water Board at [email protected] to request to amend a Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the Amended Spill Report due date.
Category 3 Spills – Monthly Certified Spill Reporting
1. The City shall report and certify all Category 3 spills to the online CIWQS Sanitary Sewer System Database within 30 calendar days after the end of the month in which the spills occurred. (For example, all Category 3 spills occurring in the month of February shall be reported and certified by March 30th). After the Legally Responsible Official certifies the spills, the online CIWQS Sanitary Sewer System Database will issue a spill event identification number for each spill.
2. The monthly reporting of all Category 3 spills must include the following items for each spill:
a. Contact information: Name and telephone number of City contact person to respond to spill-specific questions;
b. Spill location name;
c. Date and time the City was notified of, or self-discovered, the spill; d. Operator arrival time;
e. Estimated spill start date and time;
f. Description, photographs, and GPS coordinates where the spill originated:
i. If a single spill event results in multiple appearance points, provide GPS coordinates for the appearance point closest to the failure point and describe each additional appearance point in the spill appearance point explanation field;
g. Estimated total spill volume exiting the system;
h. Description and photographs of the extent of the spill and spill boundaries; i. Did the spill reach a drainage conveyance system? If Yes:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 50 June 2023 i. Description of the drainage conveyance system transporting the spill; ii. Photographs of the drainage conveyance system entry locations(s); iii. Estimated spill volume fully recovered from the drainage conveyance system; and
iv. Estimated spill volume discharged to a groundwater infiltration basis or facility, if applicable.
j. Estimated total spill volume recovered;
k. Description of the spill event destination(s), including GPS coordinates, if available, that represent the full spread and reaches of the spill; l. Spill end date and time;
m. Description of how the spill volume estimations were calculated, including, at minimum:
i. The methodology and type of data relied upon, including supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and ii. The methodology and type of data relied upon to estimate the spill start time, on-going spill rate at time of arrival (if applicable), and the spill end time; n. Spill cause(s) (for example, root intrusion, grease deposition, etc.); o. System failure location (for example, main, pump station, etc.); p. Description of the pipe/infrastructure material, and estimated age of the pipe/infrastructure material, at the failure location;
q. Description of the impact of the spill;
r. Whether or not the spill was associated with a storm event; s. Description of spill response activities including description of immediate spill containment and cleanup efforts;
t. Description of spill corrective actions, including steps planned or taken to reduce, eliminate, and prevent reoccurrence of the spill, and a schedule of the major milestones for those steps; including, at minimum:
i. Local regulatory enforcement action taken against an illicit discharge in response to this spill, as applicable, and
ii. Identifiable system modifications, and operation and maintenance program modifications needed to prevent repeated spill occurrences at the same spill event location, including:
1. Adjusted schedule/method of preventive maintenance,
2. Planned rehabilitation or replacement of sanitary sewer asset,
3. Inspected, repaired asset(s), or replaced defective asset(s),
4. Capital improvements,
5. Documentation verifying immediately implemented system modifications and operating/maintenance modifications,
6. Description of spill response activities,
7. Spill response completion date, and
8. Ongoing investigation efforts, and expected completion date of investigation to determine the full cause of spill;
u. Detailed narrative of investigation and investigation findings of cause of spill.
3. If CIWQS is not available, the aforementioned information must be faxed to RWQCB at (805) 543-0397.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 51 June 2023 Amended Certified Spill Reports for Category 3 Spills
Within 90 calendar days of the certified Spill Report due date, the City may update or add additional information to a certified Spill Report by amending the report or by adding an attachment to the Spill Report in the online CIWQS Sanitary Sewer System Database. The City shall certify the amended report.
After 90 calendar days, the Legally Responsible Official shall contact the State Water Board at [email protected] to request to amend a certified Spill Report. The Legally Responsible Official shall submit justification for why the additional information was not reported within the 90-day timeframe for amending the certified Spill Report, as provided above.
ADDITIONAL REPORTING
Annual Certified Spill Reporting of Category 4 and/or Lateral Spills For all Category 4 spills and spills from its owned and/or operated laterals that are caused by a failure or blockage in the lateral and that do not discharge to a surface water, the City shall:
o Maintain records per section 4.4. of the Notification, Monitoring, Reporting and Recordkeeping Requirements;
o The City must maintain the following records for each individual Category 4 spill and for each individual non-Category 1 Enrollee-owned and/or operated lateral spill.
Recordkeeping required - Individual Category 4 Spill Information:
1. Contact information: Name and telephone number of Enrollee contact person to
respond to spill-specific questions;
2. Spill location name;
3. Description and GPS coordinates for the system location where the spill originated;
4. Did the spill reach a drainage conveyance system? If Yes:
• Description of drainage conveyance system location,
• Estimated spill volume fully recovered within the drainage conveyance system, and
• Estimated spill volume remaining within the drainage conveyance system;
5. Estimated total spill volume exiting the sanitary sewer system;
6. Spill date and start time;
7. Spill cause(s) (for example, root intrusion, grease deposition, etc.);
8. System failure location (for example, main, pump station, etc.);
9. Description of spill response activities including description of immediate spill containment and cleanup efforts;
10. Description of how the volume estimation was calculated, including, at minimum:
• The methodology and type of data relied upon, including supervisory control and data acquisition (SCADA) records, flow monitoring or other telemetry information used to estimate the volume of the spill discharged, and the volume of the spill recovered (if any volume of the spill was recovered), and
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 52 June 2023 • The methodology and type of data relied upon to estimate the spill start time, on- going spill rate at time of arrival (if applicable), and the spill end time;
11. Description of implemented system modifications and operating/maintenance modifications.
o City Owned Laterals:
1. Date and time the City was notified of, or self-discovered, the spill;
2. Location of individual spill;
3. Estimated individual spill volume;
4. Spill cause(s) (for example, root intrusion, grease deposition, etc.); and
5. Description of how the volume estimations were calculated.
Total Annual Spill Information:
1. Estimated total annual spill volume;
2. Description of spill corrective actions, including at minimum:
o Local regulatory enforcement action taken against the sewer lateral owner in response to a spill, as applicable, and
o System operation, maintenance and program modifications implemented to prevent repeated spill occurrences at the same spill location
The City shall provide records upon request by State Water Board or Regional Water Board staff.
Annually upload and certify a report, in an appropriate digital format, of all recordkeeping of spills to the online CIWQS Sanitary Sewer System Database, by February 1st after the end of the calendar year in which the spills occurred.
A spill from an City-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the City shall report all Category 1 spills per section 3.1 of Notification, Monitoring, Reporting and Recordkeeping Requirements of the General Order.
Monthly Certification of “No-Spills” or “Category 4 Spills” and/or “Non-Category 1 Lateral Spills”
If either (1) no spills occur during a calendar month or (2) only Category 4, and/or City-owned and/or operated lateral spills (that do not discharge to a surface water) occur during a calendar month, the City shall certify, within 30 calendar days after the end of each calendar month, either a “No-Spill” certification statement, or a “Category 4 Spills” and/or “Non-Category 1 Lateral Spills” certification statement, in the online CIWQS Sanitary Sewer System Database, certifying that there were either no spills, or Category 4 and/or Non-Category 1 Lateral Spills that will be reported annually (per section 3.6 of the MRP) for the designated month.
If a spill starts in one calendar month and ends in a subsequent calendar month, and the City has no further spills of any category, in the subsequent calendar month, the City shall certify “no-spills” for the subsequent calendar month.
If the City has no spills from its systems during a calendar month, but the City voluntarily reported a spill from a private lateral or a private system, the City shall certify “no-spills” for that calendar
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 53 June 2023 month.
If the City has spills from its owned and/or operated laterals during a calendar month, the City shall not certify “no spills” for that calendar month.
Collection System Questionnaire
Annual Report (Previously termed as Collection System Questionnaire in General Order 2006-0003-DWQ)
The City shall update their previous year’s Annual Report, by April 1 of each year after the Effective Date of the General Order, for each calendar year (January 1 through December 31).
The Annual Report must be entered directly into the online CIWQS Sanitary Sewer System Database. The City’s Legally Responsible Official shall certify the Annual Report as instructed in CIWQS;
The Annual Report must address, and update as applicable, the following items:
o Population served;
o Updated sewer system service area boundary map, if service area boundary has changed from original map submitted per section 5.14 (Electronic Sanitary Sewer System Service Area Boundary Map) of this General Order; o Number of system operation and maintenance staff:
• Entry level (less than two years of experience),
• Journey level (greater than two years of experience), • Supervisory level, and
• Managerial level;
o Number of operation and maintenance staff certified as a certified collection system operator by the California Water Environmental Association (CWEA), with:
• Corresponding number of certified collection system operator grade levels (Grade I, II, III, IV, and V);
o System information:
• Miles of system gravity and force mains,
• Number of upper and lower service laterals connected to system, • Estimated number of upper and lower laterals owned and/or operated by the City,
• Portion of laterals that is City’s responsibility,
• Average age the major components of system infrastructure, • Number and age of pump stations, and
• Estimated total miles of the system pipeline not accessible for maintenance; o Name and location of the treatment plant(s) receiving sanitary sewer system’s waste; o Name of satellite sewer system tributaries;
o Number of system’s gravity sewer above or underground crossings of water bodies throughout system;
o Number of force main (pressurized pipe) above or underground crossings of water bodies throughout system;
o Number of siphons used to convey waste throughout the sewer system; o Miles of sewer system cleaned;
o Miles of sewer system video inspected, or comparable (i.e., video closed-circuit television or alternative inspection methods);
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 54 June 2023 o System Performance Evaluation as specified in section 5.11 (System Performance Analysis) of the General Order;
o Major spill causes (for example, root intrusion, grease deposition); o System infrastructure failure points (for example, main, pump station, lateral, etc.); o Ongoing spill investigations; and
o Actions taken to address system deficiencies.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 55 June 2023
POST SPILL INVESTIGATIONS
Post Spill Investigations & Assessment
Post Spill Failure Analysis Investigation
The objective of the failure analysis investigation is to determine the “root cause” of the Spill and to identify corrective action(s) needed that will reduce or eliminate future potential for the Spill to recur.
The investigation should include reviewing all relevant data to determine appropriate corrective action(s) for the line segment and failure point.
The investigation should include the following as applicable and or appropriate:
x Review of and completion of the Spill Field Response Report and associated information,
x Review of the incident timeline and other documentation regarding the incident, x Review of communications with the reporting party and witness. x Review of volume estimate, volume recovered estimate, volume estimation assumptions and associated drawings,
x Review of materials removed from sewer line,
x Review of available photographs,
x Interviews with staff that responded to the spill.
x Review of past maintenance records,
x Review of past CCTV records,
x Conducting a CCTV inspection to determine the condition of the line segment immediately following the Spill and reviewing the video and logs, x Review of any FOG related information or results
The result of the failure analysis investigation should lead to a determination of the root cause of the Spill and identification of future corrective actions. The Spill Follow up Investigation Form should be used to document the investigation.
Post Spill CCTV Condition Assessment
City staff shall investigate the cause of the Spill (Category 1 & 2, & 3) and may employ the following measures to prevent future overflows:
x Conduct visual observations during sewer line cleaning during the Spill and determine if a CCTV analysis is warranted.
x As soon as practicable, the City will conduct a CCTV Conditional Assessment of the sewer line where the Spill originated and determine the nature of the defect; x If the defect is identified as having a significant obstruction or as structurally deficient, the City will take action as soon as practicable to repair or replace the
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 56 June 2023 defect, or take other action necessary to protect water quality (e.g., divert the flow until the repair or replacement can occur); or
x If the defect is non-structural, such as a grease blockage or vandalism to a manhole cover, the City will implement appropriate measures (e.g., additional maintenance or cleaning), to address the cause.
Post Spill Debriefing
Every Spill event is an opportunity to evaluate the response and reporting procedures. Each overflow event is unique, with its own elements and challenges including volume, cause, location, terrain, and other parameters.
As soon as possible after Category 1, Category 2, or Category 3 Spill events, all of the participants, from the person who received the call to the last person to leave the site, should meet to review the procedures used and to discuss what worked and where improvements could be made in responding to and mitigating future Spill events. If structural repairs or maintenance tasks are identified as a result of the Post Spill Condition Assessment, these repairs or maintenance tasks should be scheduled and assigned to appropriate staff. The results of the debriefing should be recorded and tracked to ensure the action items are completed.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 57 June 2023
SERP TRAINING
City Staff
The following are minimum training requirements:
x The requirements of the 2022 General Order & Notification, Monitoring, Reporting and Recordkeeping Requirements;
x The City’s Spill Emergency Response Plan procedures and practice drills; x Skilled estimation of spill volume for operations staff; and x Electronic CIWQS reporting procedures for staff submitting data.
Training should be conducted annually at a minimum and when new staff is hired and has responsibilities for sewer spill response activities.
Contractors
Contractors are required to submit a spill response plan in the event of a sewer spill associated with the execution of a project for the City.
The following procedures are to be followed in the event that a contractor/plumber causes or witnesses a Sanitary Sewer Spill. If the contractor/plumber causes or witnesses an Spill they should:
1. Immediately notify the City
2. Protect storm drains.
3. Protect the public.
4. Provide Information to the City Operations Staff such as start time, appearance point, suspected cause, weather conditions, etc.
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 58 June 2023 City of Arroyo Grande: Sewer Spill Follow Up Investigation & Assessment Form Staff Conducting
Investigation:____________________________________________________________________ Date: __________________
Location of
Spill:____________________________________________________________________________ Answer all questions provided below as applicable:
Question Response
Date and time the City was
first notified of the Spill?
How was City notified?
Date and time of Spill
response?
What action was taken when
notified, and when?
What was the apparent cause
of the backup/spill?
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 59 June 2023 What methods of
investigation were used
(visual, videos, etc.)?
Summary of investigation
results?
Were communications with
the reporting party and
witness conducted?
Were volume estimate
methodologies used in Spill
volume estimate reviewed?
Were photos taken of the
Spill and Spill mitigation
activities?
What is the estimated age of
the sewer main?
Sewer Main type and or
material?
What is the record of
frequency of
inspection/cleaning at the
site?
Last date of inspection/
cleaning prior to the incident?
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 60 June 2023 Method of cleaning/inspection
on that last date (flushed,
jetted, rodded, etc.)
Was this problem found to be
in the main or the lateral?
Both?
Have there been prior
problems with blockage in the
main? When? What were the
causes of prior problems?
Are there major industries,
schools, restaurants on this
sewer main? How close?
Was the City doing any work
in the area prior to the
backup? If so, what was being
done?
Any other private
construction going on in the
area. If so, what was being
done?
Water Body Impacted?
Location? Posting? Follow Up
Actions?
Assessment of SERP
Implementation and
Effectiveness.
Notification Procedures followed? Y N
Notification Procedures effective? Y N
Spill response completed safely? Y N
Were response procedures adhered to? Y N
Were response procedures effective? Y N
Were containment procedures adhered to? Y N
Were containment procedures effective? Y N
Were cleanup and recovery procedures adhered to? Y N
Were cleanup and recovery procedures effective? Y N
Other observations:
City of Arroyo Grande
Sanitary Sewer Spill Emergency Response Plan 61 June 2023 Identified SERP changes as a
result of sewer spill response?
Other observations or Notes?
City of Arroyo Grande
Spill Response Field Checklist
1 7
REPORTED BY
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SPILL START TIME NOTES
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ǣ̴̴̴̴̴̴ǣ̴̴̴̴̴̴ ǣ̴̴̴̴̴̴Ȁ̴̴̴̴̴̴Ȁ̴̴̴̴̴̴ ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ Suggested Questions: Is it currently spilling? How would you compare it to a garden hose running full? How big would you say the wet stain is – compared to your driveway? What else can you tell me? ǣ ̴̴̴̴̴̴ǣ̴̴̴̴̴̴
̴̴̴̴̴̴ǣ̴̴̴̴̴̴
ͳǣȀǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ǣ̴̴̴̴̴̴ǣ̴̴̴̴̴̴ Ȁ
ʹǣȀǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǣ̴̴̴̴̴̴ǣ̴̴̴̴̴̴ Ȁ * Attempts should be made to interview at least two (2) others in addition to the Caller. If nobody is available, document attempts (by address or passer-by)
**Make sure to document (photos) the following; Spill original location, multiple appearance points if applicable, drainage conveyance system point of entry, location(s) of surface water discharge points, extent of spill, locations of cleanup.
City of Arroyo Grande
Spill Response Field Checklist
2 7
SPILL LOCATION
ǣ
̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ǣ
ȀȀ
ǣ ++
++
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ȋ
ǡͳǡ++
ȀȌ
ȀͳͲͲͲ
ǫ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǡ
Ȁ
Ǥ
Ǥ
̴̴̴̴̴ǣ̴̴̴̴̴Take Photos of spill entry point. ǣ̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴ǣ̴̴̴̴̴ ** If Cat.,1 Contact Supervisor ** ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴Take Photos of spill rates.
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ȋ
Ȍ Include all photos documenting Spill with Spill Report
ǣ
ǫǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ Category 1 Spill:
ǣ
Ȉ
ǡ
Ǣ
Ȉ
Ǥ Ȉ
ǡ
Ǥ ǦȀ
ͳǤ
Category 2 Spill: ͳǡͲͲͲǡ
ǤͳǡͲͲͲ
ǡʹǤ Category 3 Spill: ͷͲͳǡͲͲͲǡ ͷͲͳǡͲͲͲǡ
͵Ǥ
Category 4 Spill: ͷͲǡ ǤͷͲ
ͶǤ
City of Arroyo Grande
Spill Response Field Checklist
3 7
SPILL RATE NOTES
ǣ Dz
dz
ǣ
Ǥ
ȗ
Ǧ
MAINTENANCE HOLE DOWNSTREAM
ȗ
̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴ǣ̴̴̴̴̴̴
ǣ
̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
CAUSE OF SPILL
ǣ
̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ǣ
Ǥ
̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ȋ
Ȍ
ǣ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
SPILL CONTAINMENT
ǣ ̴̴̴̴̴ǣ̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
City of Arroyo Grande
Spill Response Field Checklist
4 7
CLEAN UP
ǣ ̴̴̴̴̴ǣ̴̴̴̴̴
̴̴̴̴̴̴̴̴̴̴̴̴
̴̴̴̴̴̴̴̴̴̴̴̴
ǣ ̴̴̴̴̴ǣ̴̴̴̴̴ Ǧ
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
OTHER IMPORTANT MILESTONES
ǣ ̴̴̴̴̴ǣ̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ Ȁǣ ̴̴̴̴̴ǣ̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ǣ ̴̴̴̴̴ǣ̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ǣ ̴̴̴̴̴ǣ̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴ǣ̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴ǣ̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴ǣ̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ Document all assumptions made to document and estimate Spill Volume:
__________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________
City of Arroyo Grande
Spill Response Field Checklist
57
REGULATORY AGENCY NOTIFICATION
ǣ ̴̴̴̴̴ǣ̴̴̴̴̴ȋͳƬʹʹȌ (800) 852-7550ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǣ ǣ ̴̴̴̴̴ǣ̴̴̴̴̴ȋȌ(805) 542-4638ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǣ ǤǤ
̴̴̴̴̴ǣ̴̴̴̴̴ȋȌ(805) 549-3147ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǣ ̴̴̴̴̴ǣ̴̴̴̴̴ȋȌ (916) 445-0045ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǣ ̴̴̴̴̴ǣ̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴͓ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǣ ǣ
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǡ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǡ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǡ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǡ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǡ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ǡ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴
City of Arroyo Grande
Spill Response Field Checklist
67
SPILL TO DRAINAGE CONVEYANCE OR WATERS OF THE STATE
Safety:
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o
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ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴ Ǥ
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴Ǥ o
ǣ̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴̴Ǥ o ǣ
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ȋǣȀȌǡ
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Ǥ Attach all photos to Spill Report
Post Public Health Warnings at entry point, upstream and downstream of Spill & document locations. (All samples must be analyzed by a ELAP Certified Lab) ͷͲǡͲͲͲ
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ȏDCS-001Ȑ
ȏRSW-001Ȑ
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Section 3.1.3 Spill Technical ReportNotification, Monitoring, Reporting and Recordkeeping Requirements ͷͲǡͲͲͲ Ǥ
City of Arroyo Grande
Spill Response Field Checklist
77
Spill to Surface Water Map:ȋ
Ȍ
Item 9.j.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shane Taylor, Utilities Manager
SUBJECT: April 2023 Monthly Water Supply and Demand Update DATE: May 23, 2023
SUMMARY OF ACTION:
The update reports the City’s total water supply and demand for April 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 March 28, 2023, the 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.
The predicted water use for 2023/2024 water year is 2,200 Acre Feet.
In April 2023, the City’s water use was 146.3 Acre Feet with a per capita use of 88 gallons per day/per person. The residential capita use was 68 gallons per day/per person. There was a total of 0 inches of rainfall in the City in April 2023.
Item 9.j.
City Council
April 2023 Monthly Water Supply and Demand Update
May 23, 2023
ANALYSIS OF ISSUES:
The United States Drought Monitor, as of May 12, 2023, shows San Luis Obispo County not in a drought. Rainfall to date for the period of July 1, 2022, through May 12, 2023, is
30.25 inches at the Corporation Yard rain gauge. Lopez Lake, as of May 12, 2023, is at 100.2% capacity, or 49,490 Acre Feet.
The 2022/23 water year ended on March 31, 2023. Lopez Lake began a continuous spill on March 23, 2023, and is still spilling as of May 12, 2023. The results of that time frame’s spillage is that 12,784 Acre Feet has spilled as of April 30, 2023. Arroyo Grande lost 775 Acre Feet of stored water. An additional 655 Acre Feet of unused entitlement was also lost and all unused downstream release water which was declared surplus was also lost to the spill. All District stored water including stored State water was lost.
During a spill, all deliveries are waived and not charged towards contract entitlement.
The deep well index for the second quarter of 2023 was completed on April 11, 2023, and is 12.23 feet above sea level, which is 4.73 feet above the threshold value. The current deep well index is 1.65 feet higher than February 2023 and 4.25 feet higher than April 2022.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Receive and file the report, or
2. Provide other directions 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.
Item 9.j.
City Council
April 2023 Monthly Water Supply and Demand Update
May 23, 2023
Attachments:
1. Lopez Monthly Operations Report for April 2023
2. Lopez Reservoir Storage Projection
3. Monthly Water Use Comparison
4. Monthly Monitoring Report for April 2023
5. Deep Well Index Levels
CONTRACTOR USAGE % USAGE % USAGE % USAGE % USAGE % USAGE % AG 2290.0 0.0 2290.0 0.0 0% 0.0 0.0 0.0 0% 1634.8 71% 0.0 0% 1634.8 71% 655.2 0.0 OCSD 303.0 0.0 303.0 0.0 0% 0.0 0.0 0.0 0% 0.0 0% 0.0 0% 0.0 0% 303.0 0.0 GB 800.0 0.0 800.0 0.0 0% 0.0 0.0 0.0 0% 720.6 90% 0.0 0% 720.6 90% 79.4 0.0 PB 892.0 0.0 892.0 0.0 0% 0.0 0.0 0.0 0% 278.2 31% 0.0 0% 278.2 31% 613.8 0.0 CSA 12 245.0 0.0 245.0 0.0 0% 0.0 0.0 0.0 0% 66.5 27% 0.0 0% 66.5 27% 178.5 0.0 SM N/A 0.0 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A TOTAL 4530.0 0.0 4530.0 0.00 0.0% 0.0 0.0 0.0 0.0% 2700.1 59.6% 0 0.0% 2700.1 60% 1829.9 0.0
ALLOCATION DIE AIE TOTAL DIE AIE TOTAL
CONTRACTOR REQUEST USAGE % USAGE USAGE USAGE USAGE % USAGE USAGE USAGE AG N/A 0.0 N/A N/A N/A 0.0 0.0 0.0 N/A N/A 0 0 0.0 0.0
OCSD 187.5 0.0 62.5 30.1 16% 0.0 0.0 30.1 94.6 50% 0 0 94.6 30.1 GB N/A 0.0 N/A N/A N/A 0.0 0.0 0.0 N/A N/A 0 0 0.0 0.0
PB 1240.0 0.0 103.3 89.1 7% 0.0 0.0 89.1 278.5 22% 0 0 278.5 89.1 CSA 12 96.0 0.0 6.5 5.4 6% 0.0 0.0 5.4 16.0 17% 0 0 16.0 5.4 SM 90.0 0.0 7.0 4.2 5% 0.0 0.0 4.2 14.8 16% 0 0 14.8 4.2 TOTAL 1613.5 0.0 179.3 128.8 8% 0.0 0.0 128.8 403.8 25% 0 0 403.8 128.8
DAM OPERATIONS WATER ACCOUNTING AFFECTED DUE TO SPILLAGE DISTRICT STORED SWP WATER GLOSSARY THIS MONTH YEAR TO DATE MAX CAPACITY [AF] [AF] AIE: Agency Initiated Exchange LAKE ELEVATION (ft) 523.2 N/A 522.6 TOTAL STORED PROJECT WATER 5261.80 PREVIOUS MONTH 394.9 DIE: District Initiated Exchange STORAGE [AF] 49932.0 N/A 49200.0 101% CUMULATIVE SSWPW 165.04 DWR METER DELIVERIES 98.00 N/A: Not Applicable MONTHLY RAINFALL [in] 11.6 43.2 N/A DISTRICT SSWPW 331.70 THIS MONTH 0.0 PW: Project Water aka Lopez Water (Annual: July 1- June 30) MARCH ENTITLEMENT 178.00 Surplus Water: Carry Over Water (LRRP) DOWNSTREAM RELEASES [AF] 171.6 1826.0 4200.0 SWP: State Water Project LAKE TO TERMINAL [AF] 216.1 N/A TOTAL 5936.54 SSWPW: Stored SWP Water SPILLAGE [AF] 6071.0 6071.0 N/A AG WHEELING TO OCEANO 0.94 Notes:
* Stored PW includes Surplus water declared
** Actual Amount available is dependent on the State's (DWR) delivery % *** Stored SWP water resulting from AIE
THIS MONTH APRIL TO PRESENT
STORED PW
ENTITLEMENT
San Luis Obispo County Flood Control and Water District Zone 3 - Lopez Project - Monthly Operations Report
March, 2023
PROJECT WATER
AVAILABLE WATER (APR-MAR) DELIVERIES REMAINING WATER
TOTAL
MONTHLY
DELIVERIES
[AF]
ANNUAL
REQUEST**
CUMULATIVE
SSWPW
***
DELIVERIES
THIS MONTH JANUARY TO PRESENT
ENTITLEMENT
ALLOCATION
STATE WATER PROJECT WATER
STORED PW TOTAL ENTITLEMENT STORED PW TOTAL USAGE
1) On 1/19/23 AC endorsed the end of LRRP and return to 100% Lopez Entitlements retroactive to April 1st, 2022. 2) New Contract Changes effective as of October 1, 2022 3) On 12/31/22 there was an estimated 655.5 AF of District SSWPW remaining including approximately 46 AF of water lost to evaporation in 2022. 4) As of March 31,2023, 5759 AF of SSWPW, Stored PW, and District SSWPW were lost due to spill event this month. 5) 178 AF of March Project Water Deliveries are waived due to 6071 AF spilling in March. (5759 AF +178 AF = 5937 AF < 6071AF)
ENTITLE
MENT
STORED
PW*
TOTAL
AVAILABLE PW
ATTACHMENT 1
5.16 0.22
0.94 2.38
0.30 7.33
0.43 0.34
2.03 1.91
1.31 12.71
4.39 11.56
3.02 3.25
2.91 1.13
0.410.070.03
0.02 0.320.62
1.70 2.24
3.12 2.982.84
0.98 0.360.070.030.02
0.350.67
1.842.24
2.762.98 3.01
0.980.41
0.35 0.67
1.842.24
2.762.983.01
0.98 0.00
5.00 10.00
15.00 20.00
25.00 0
10000
20000
30000
40000
50000
1/1/20212/1/20213/1/20214/1/20215/1/20216/1/20217/1/20218/1/20219/1/2021 10/1/202111/1/202112/1/2021
1/1/20222/1/20223/1/20224/1/20225/1/20226/1/20227/1/20228/1/20229/1/2022 10/1/202211/1/202212/1/2022
1/1/20232/1/20233/1/20234/1/20235/1/20236/1/20237/1/20238/1/20239/1/2023 10/1/202311/1/202312/1/2023
1/1/20242/1/20243/1/20244/1/20245/1/20246/1/2024
Storage (AF)
Date
LOPEZ RESERVOIR STORAGE PROJECTION
Actual Precipitation Predicted Precipitation Storage Projection (SP) Reservoir Level (Actual) Available Water (Storage Rights) SP (No Rain) 20,000 AF 10,000 AF Minimum Pool
ATTACHMENT 2
174.4
146.3
105
88 0
20406080
100120140160180200
2022 2023
April Monthly Water Use Comparison
Acre Feet Usage (gpcd)
ATTACHMENT 3
Thank you for your Monitoring Report. Below is the information you have submitted for the month of April 2023. If this information is incorrect, you can edit the report for the month with the corrected information. We use your most recently submitted monthly report in our calculations.
I Reporter lshane Taylor
!Report Type ,,_,Ful--- -1 -----
jurban Water Supplier(Number) /Arroyo Grande City of (608) jPublic Water System ID(s) ---,CA4010001
jRep
lcou
orting Month
nty/Counties
� nty Under Drought Declaration
lwat er Shortage Contingency Plan
lwat er Shortage Level
� ulation
--
Tota I Potable Water Production
lcom
--
mercial Agricultural Water
� idential Use Percentage
CIIW ater
� - ycled Water
Non -revenue Water
mated R-GPCD
lification
10423
!san Luis Obispo
!No
Jo
lo
!17963
!146.3 AF
lo AF
-
177%
121.lAF
)OAF
!AF
68.12 I
jEsti
Qua
1 Eme rgency Response Section Revealed? !No
-
.
-
ATTACHMENT 4
HISTORICAL SECOND QUARTER DEEP WELL INDEX LEVELS
Northern Cities Management Area
San Luis Obispo County, California FIGURE 6
P:\Portland\672-Northern Cities Management Area\Quarterly Report Figures (grapher) Fig 6 NCMA_Q2_Deep_Well_Index_v2 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 -5
0 5
10 15
20 Water Elevation, feet NAVD88 Deep Well Index
Threshold: 7.5 feet
Deep Well Index is the synoptic average of groundwater elevations in the deep wells of Sentry Well clusters 24B, 30F, and 30N. "Approximate" Deep Well Index elevations are based on
non-synoptic measurments, made during the same quarter.
ATTACHMENT 5
Item 10.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Isaac Rosen, City Attorney
Sarah Lansburgh, Deputy City Clerk
SUBJECT: Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws DATE: May 23, 2023
SUMMARY OF ACTION:
Conduct the public hearing to levy an annual assessment for Fiscal Year (FY) 2023-24 to defray the costs of services, activities, and programs promoting tourism for the benefit of lodging businesses within the Arroyo Grande Tourism Improvement District (AGTBID); approve the FY 2023-24 operating budget for the AGTBID; approve changes to the administration of the AGTBID; and review and provide direction regarding revisions to the AGTBID Advisory Board By-Laws. This report also describes differences between the AGTBID and a Destination Marketing Organization approach to tourism marketing for the City, as well as a discussion of the extent to which the current AGTBID Ordinance allows use of the revenue for infrastructure improvements.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Based on the anticipated year-end results for Fiscal Year 2022-23, the assessments expected to be collected total approximately $270,000 for FY 2023-24. The AGTBID budget provides $5,000 to the City to cover a portion of the City’s cost associated with supporting a Community Services Specialist position for vacation rental code compliance.
The AGTBID budget also provides $3,000 to the City for administrative support and $42,000 to the South County Chambers of Commerce for administration of the AGTBID.
The budget proposes $325,500 in expenditures, which is an increase of $32,500 compared to the FY 2022-23 AGTBID operating budget. It is recommended that the budget be amended to reallocate the $42,000 currently provided to the Chamber to the City for administration of the AGTBID.
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
RECOMMENDATION:
1) Conduct a public hearing to receive public comment and protests regarding the City Council’s intention to continue the AGTBID and levy an annual assessment for FY 2023- 24; 2) Determine whether a legally sufficient number of protests have been made; 3) If a legally sufficient protest is not made, adopt a Resolution levying an annual assessment for the AGTBID for FY 2023-24; 4) Adopt a Resolution approving the FY 2023-24 operating budget for the AGTBID; 5) Approve changes to the administration of the AGTBID; 6) Provide direction regarding proposed revisions to the AGTBID Advisory Board By-Laws; and 7) Determine that conducting a public hearing to adopt a resolution to levy and collect assessments, adopting a resolution to approve the AGTBID operating budget, and approving changes to the administration of the AGTBID Advisory Board 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, §§ 15061, subd. (b)(2)-(3), 15378.).
BACKGROUND:
In May 2013, the City Council adopted an Ordinance establishing the AGTBID. The AGTBID was formed under the Parking and Business Improvement Law of 1989, Sections 36500 et. seq. of the Streets and Highways Code and incorporated into the Arroyo Grande Municipal Code (AGMC) in Title 3, Chapter 3.46.
The purpose of forming the AGTBID was to provide revenue to defray the cost of services, activities, and programs promoting lodging businesses in the AGTBID through the promotion of scenic, recreational, cultural, and other attractions in the AGTBID as a tourist destination. An assessment is levied on all lodging businesses within the AGTBID boundaries and is based upon two percent of the rent charged by the operator per occupied room per night for all transient occupancies.
In December 2014, the City Council adopted an Ordinance amending Chapter 3.46 of the Arroyo Grande Municipal Code to provide that the same exemptions that apply to the Transient Occupancy Tax apply to AGTBID assessments and amended the definition of "lodging" to include vacation rentals and homestays.
In accordance with the provisions in the Streets and Highways Code and AGMC Section
3.46.100, the City Council appointed an Advisory Board. Pursuant to Streets and Highways Code Section 36533, the Advisory Board is to prepare an annual report, which is to be submitted to the City Council for its review and approval. AGMC Section 3.46.060 also provides that the assessments for the AGTBID are to be reviewed annually by the City Council based upon the Annual Report of the Advisory Board, and after approval of the Annual Report, the City Council is to follow the hearing process outlined in Streets and Highways Code Section 36534 for the annual assessment for the upcoming fiscal
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
year. Section 36534 provides for the adoption of a Resolution of Intention to levy an annual assessment for that fiscal year. The Resolution of Intention also sets a public hearing date in order to receive any written or oral protests against the continuation of the AGTBID as required by the applicable statute.
On April 3, 2023, the AGTBID Advisory Board reviewed and approved the Annual Report prepared by Verdin Marketing and forwarded it to the City Council for consideration at its April 25, 2023 meeting. The AGTBID Advisory Board is also responsible for developing an annual preliminary budget, detailing anticipated expenditures, and submitting the preliminary budget to City Council for approval. At the April 24, 2023 AGTBID regular meeting, the Advisory Board reviewed and approved a preliminary budget for recommendation to the City Council.
During its April 25, 2023 meeting, the City Council approved the Annual Report, adopted a Resolution of Intention to provide for a levy of the assessment for FY 2023-24, and scheduled a public hearing for May 23, 2023, to consider protests and complete the process to continue collecting and utilizing the AGTBID revenue for the promotion of activities that will support lodging businesses within the City. As part of its consideration of the Annual Report and Resolution of Intention, the City Council also received a report regarding the steps that would be required were the City to choose to not continue levying the assessment. Additionally, Council considered options for potential changes to the administration of the AGTBID and to the AGTBID Advisory Board. Through the discussions, Council directed staff to develop options to take on administration of the AGTBID in-house and to develop revisions to the AGTBID By-Laws to change the Advisory Board make-up and selection process. Additionally, Council requested staff to provide information regarding the differences between a TBID and a Destination Marketing Organization (DMO) approach to tourism marketing, as well as information regarding the extent to which the AGTBID may utilize funds to support infrastructure improvements. The staff report presented on April 25th and the Minutes of the meeting are provided as Attachment 5.
ANALYSIS OF ISSUES:
Public Hearing to Continue Levying Assessment
As noted above, following approval of the Annual Report and adoption of the Resolution, the next step in the process for collecting assessments over the next year is to conduct a public hearing to consider public comment and protests regarding the continued imposition of the assessment. This public hearing will allow lodging businesses subject to the assessment an opportunity to submit comments, voice concerns, and protest the assessment.
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
As set forth in Sections 36524 and 36525 of the California Streets and Highways Code, the City Council has the ability to continue to levy the AGTBID assessment for the next fiscal year at this public hearing, unless written protests are received from the lodging businesses that pay 50% or more of the proposed assessments. In that event, Council cannot consider continuation of the AGTBID for at least one year. If the required number of written protests is not received, Streets and Highways Code Section 36535 provides that at the conclusion of the hearing, a Resolution levying an annual assessment for the AGTBID for FY 2023-24 may be adopted. The statute further provides that the adoption of this Resolution constitutes the levy of the assessment for the fiscal year. A Resolution has been prepared for Council’s consideration and adoption if there is no legally sufficient protest, and is provided as Attachment 1.
Fiscal Year 2023-24 Operating Budget
The FY 2022-23 operating budget provided $293,000 for expenditures and included the following funding categories:
The allocation to the AGTBID budget for FY 2023-24 is recommended to be $325,500, which reflects an increase of $32,500. The increased budget provides the following:
$17,500 to increase Advertising
$5,000 to increase Event Sponsorships in Membership and Subscriptions $10,000 to add a category for Official Arroyo Grande Merchandise The proposed operating budget for FY 2023-24 is as follows:
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
As discussed further below, it is recommended that City staff in the Recreation Services Department take over administration of the AGTBID from the Chamber. It is, therefore, recommended that the line item under Services & Supplies for “Chamber- Contract admin.” be eliminated and that the funding for this item be added to the line “City - administrative” for a total of $45,000. The Resolution approving the AGTBID FY 2023-24 Budget provided in Attachment 2 reflects this recommended revision.
Administration of the AGTBID
Following discussions held during the April 25, 2023 Council meeting, staff has evaluated options for administering the AGTBID using current City staff resources. The City’s Recreation Services Department plans and implements several events within the City and has been working to increase both the event offerings provided to the community and outreach efforts to promote these events. The Recreation Services Director has worked
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
with Visit SLO Cal to support their work on a coordinated calendar of events for the region and has experience in the tourism industry prior to joining the City. The Recreation Services Department will have both capacity among existing staff and the ability to take on the administrative tasks associated with the AGTBID following termination of the current agreement with the Chamber. As this will be a new program for the Department to administer, staff anticipates that the first year of administration will include periods of adjustment and re-evaluation to ensure success.
Under the City’s current agreement with the Chamber for administration of the AGTBID, the City may terminate the contract “at any time, for any reason, with or without cause” by providing 10 days’ prior written notice. The contract also provides that the City would only be responsible for paying the Chamber the actual value of any work performed up through the termination date, not the full or remaining value of the contract. However, in order to ensure a smooth transition of duties from the Chamber to City staff, it is recommended that the contract be terminated at the end of the current fiscal year, June 30, 2023, rather than earlier in the month of June. This approach will allow Recreation staff time to confer with the Chamber regarding the current and ongoing duties and projects of the AGTBID, as well as the transmittal of reports and other supporting materials. Additionally, the proposed FY 2023-25 Biennial Budget prepared by staff, as well as the proposed AGTBID FY 2023-24 Budget included with this item, would reallocate to the City the funding currently provided to the Chamber for this work effective July 1, 2023.
Revisions to the AGTBID Advisory Board By-Laws
During its discussions regarding the AGTBID Advisory Board on April 25, 2023, Council directed staff to prepare draft bylaw revisions that would alter the make-up of the Advisory Board. Revised bylaws have been prepared and are provided in Attachment 4.
Attachment 3 provides a redline version depicting the changes to the current bylaws for ease of reference.
Under the revised bylaws, the AGTBID Advisory Board will be appointed using a similar approach as the City’s other advisory bodies. Under this approach, each member of the City Council will appoint of one member of the AGTBID Advisory Board, subject to approval by a majority of the City Council. This will create a five-member Board, as opposed to the minimum of three and maximum of nine members allowed under the current bylaws. Additionally, three of the five Board members must be owners of lodging businesses in the AGTBID or persons with knowledge of the tourism or lodging industry.
The term of each Advisory Board member will coincide with the term of the appointing member of the City Council. TBID Advisory Board members would not be subject to the City’s residency requirements otherwise required of advisory body members.
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
The proposed updated bylaws provided in Attachments 3 and 4 also include minor revisions to reflect the change in administrative functions from the Chamber to the City and a clarification of the manner in which AGTBID Advisory Board agenda packets are distributed consistent with City practice. Additionally, it is proposed that the regular meeting schedule identified in section 11(a) be modified slightly. Currently, the bylaws require regular Board meetings to be held six times per year in the months of January, February, April, June, August, and October, on the 4th Monday of the month. It is recommended that this schedule be altered to require a meeting in March rather than February to enable the Advisory Board to review and approve the Annual Report in time for it to be presented to Council in April, as otherwise required in the City’s AGTBID Ordinance.
These bylaw revisions are being presented to Council for an initial review and direction.
It is recommended that the revisions, as modified and directed by Council, be presented to the current AGTBID Advisory Board for review and recommendation prior to adoption by the City Council. Following the Advisory Board’s review of the bylaws, staff would return to the City Council with a Resolution to adopt the revised bylaws, as well as with revisions to the City Council Handbook, which includes a section regarding City advisory bodies that reflects the current AGTBID rules and process (as described more fully in the April 25, 2023 staff report included in Attachment 5).
TBID v. DMO
During the April 25, 2023 Council meeting, questions arose regarding the differences between a TBID and a DMO and whether a DMO might work better in Arroyo Grande.
Based on initial staff research, it appears that DMOs are typically nonprofit entities (for instance, a local Chamber of Commerce, or a totally separate organization) that provide tourism marketing services that benefit a particular city or region. Funding for the DMO can come from a share of the local hotel occupancy tax, or through government grants, membership dues, advertising revenue, or other private funding. A DMO is not a statutory body like a TBID, and so other than providing City funds to the DMO, the City would not have involvement in its activities like it does with the current AGTBID. As there is no DMO currently in existence, nor has anyone approached the City with information indicating that lodging or business owners are interested in creating and running a DMO, this does not appear to be a viable option for Arroyo Grande at this time.
Use of AGTBID Revenue for Infrastructure
Questions have also arisen regarding the ability of the AGTBID to provide funding to support City infrastructure.
State law and the AGMC differ in this regard. Under the relevant provisions of the Streets and Highways Code, TBID assessments can be used for “improvements” or “activities”
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
within the assessment area. The term “improvements” is defined as the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, parking facilities, benches, trash receptacles, street lighting, decorations, parks, and fountains, and the term “activities” is defined to include, but not be limited to, the following:
1. The promotion of public events that benefit businesses in the TBID area and which take place in public areas within the TBID area;
2. Furnishing music in any public place in the TBID area;
3. Promoting tourism within the TBID area; or
4. Any activities which benefit businesses located and operating in the TBID area.
In light of these definitions under state law, it would ordinarily be appropriate to use TBID assessment revenues for infrastructure improvements that have a useful life of five or more years, and which are within the TBID area, including streets, light poles, crosswalks, and similar. It would also be appropriate, given the non-exclusive definition of “activities,” to use TBID revenues to pay for cleaning associated with activities in the TBID area, such as concerts, festivals, or parades, since those events directly relate to the promotion of tourism and waste collection/cleaning is part of the event process.
However, the AGMC is much narrower in setting out what AGTBID assessment revenues may be used for. Pursuant to AGMC sections 3.46.030 and 3.46.080, revenue from the levy of assessments within the AGTBID area are to be used only for the following specific purposes:
1. The general promotion of lodging operations within the district is to include costs as specified in the business plan to be adopted annually;
2. The marketing of conference, group, and film business that benefits the local lodging industry in the district;
3. The marketing of the district to the travel industry in order to benefit the local lodging industry in the district; or
4. Administration of the AGTBID, including collection and enforcement of assessments and administration of any contracts that the city enters into related to the AGTBID.
Accordingly, although state law does authorize the use of TBID assessment revenues for certain infrastructure-related purposes, the AGMC is more prescriptive and does not allow use of the AGTBID revenues for those purposes at this time. If it is Council’s preference, staff can prepare an ordinance amending current AGMC sections 3.46.030 and 3.46.080 to more closely align with state law and provide for additional lawful uses of the revenues, including for infrastructure related projects in the AGTBID area, or to aid in defraying the
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
cost of clean-up activities associated with tourism-related events. Members of the public, including the owners/operators of the assessed businesses, could attend and share their feedback (including whether they agree or disagree with the proposed scope of authorized expenditures of assessment revenues) at the Council meetings at which any updates to the AGMC are considered.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Conduct a public hearing to receive public comment and protests regarding the City Council’s intention to continue the AGTBID and levy an annual assessment for FY 2023-24; 2) Determine whether a legally sufficient number of protests have been made; 3) If a legally sufficient protest is not made, adopt a Resolution levying an annual assessment for the AGTBID for FY 2023-24; 4) Adopt a Resolution approving the FY 2023-24 operating budget for the AGTBID; 5) Approve changes to the administration of the AGTBID; 6) Provide direction regarding proposed revisions to the AGTBID Advisory Board By-Laws; and 6) Determine that conducting a public hearing to adopt a resolution to levy and collect assessments, adopting a resolution to approve the AGTBID operating budget, and approving changes to the administration of the AGTBID Advisory Board 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.).
2. Conduct a public hearing to receive public comment and protests regarding the City Council’s intention to continue the AGTBID and levy an annual assessment for FY 2023-24; 2) Determine whether a legally sufficient number of protests have been made; 3) If a legally sufficient protest is made, (a) do not adopt the Resolution levying an annual assessment for the AGTBID for FY 2023-24, (b) do not adopt the Resolution approving the FY 2023-24 Budget, (c) approve the proposed changes to the administration of the AGTBID, and (d) direct staff to return next year with an item to consider whether to levy the assessment in FY 2024-25.
Direction regarding the proposed bylaws may be provided under this alternative, but the completion of the revisions to the bylaws would wait until Council considers whether to levy the assessment in FY 2024-25.
3. Provide other direction to staff, including any direction regarding alterations to the AGTBID to allow the expenditure of funds on City infrastructure projects.
ADVANTAGES:
Levying the annual assessment will enable the City to extend the AGTBID, which provides a mechanism to generate funding to promote lodging stays and tourism in the City. These efforts, in turn, increase transient occupancy tax revenue and supports local businesses.
Approving the AGTBID FY 2023-24 operating budget will allow the continuation of the
Item 10.a.
City Council
Public Hearing to Consider Adoption of Resolutions Levying an Annual Assessment for the Arroyo Grande Tourism Business Improvement District (AGTBID); Approving the AGTBID FY 2023-24 Budget; and Direction Regarding Amendments to the Board By-Laws
May 23, 2023
momentum of the Visit Arroyo Grande’s tourism marketing efforts, and to fund anticipated additional marketing opportunities. Direction regarding Recreation staff’s anticipated administration of the AGTBID beginning July 1, 2023, and regarding proposed revisions to the AGTBID bylaws will support better functionality of the TBID.
DISADVANTAGES:
Levying the assessment will continue to impose a cost to tourists and visitors to Arroyo Grande who pay the assessment. There are no other disadvantages identified by levying the assessment for another year. There are no disadvantages identified with adopting the Resolution to adopt the AGTBID FY 2023-24 operating budget.
ENVIRONMENTAL REVIEW:
Conducting a public hearing to adopt a resolution to levy and collect assessments, adopting a resolution to approve the AGTBID operating budget, and approving changes to the administration of the 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. Moreover, the action merely constitutes an administrative activity of the City and is additionally exempt from CEQA on that basis. (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 – Levying Annual Assessment
2. Proposed Resolution – AGTBID FY 2023-24 Budget
3. AGTBID Bylaws – Redline
4. AGTBID Bylaws
5. April 25, 2023 City Council Staff Report
6. April 25, 2023 Draft Minutes
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT
FOR THE ARROYO GRANDE TOURISM BUSINESS
IMPROVEMENT DISTRICT FOR THE 2023-24 FISCAL
YEAR
WHEREAS, the Parking and Business Improvement Area Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is the promotion of tourism; and WHEREAS, the Arroyo Grande Tourism Business Improvement District (“AGTBID” or “District”) was established in May 2013 and incorporated into the Arroyo Grande Municipal Code in Chapter 3.46; and
WHEREAS, in accordance with the requirements of Streets and Highways Code Section 36530 and Arroyo Grande Municipal Code Section 3.46.100, the City council appointed an Advisory Board to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and
WHEREAS, the Arroyo Grande Municipal Code and the Parking and Business Improvement Area Law of 1989 require the Advisory Board to prepare and submit an annual report stating proposed changes, improvements, and activities for the fiscal year; and
WHEREAS, the Advisory Board annual report was considered and approved by the Arroyo Grande City Council at its April 25, 2023 meeting; and WHEREAS, in accordance with the procedures contained in Streets and Highways Code Section 36534, on April 25, 2023, the City Council adopted a Resolution of Intention to levy an annual assessment for the Arroyo Grande Tourism Business Improvement District for the 2023-24 fiscal year and set a public hearing for May 23, 2023, to consider the annual assessment and hear any oral testimony and receive any written protests; and WHEREAS. The City Council held a duly noticed public hearing on May 23, 2023, to allow for protests, as required by Streets and Highways Code Section 36524, and sufficient written protests were not received from lodging businesses in the District which pay fifty percent of more of the assessment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
RESOLUTION NO.
PAGE 2
2. The City Council hereby continues the established Arroyo Grande Tourism Business Improvement District in accordance with Arroyo Grande Municipal Code Chapter 3.46 and California Streets and Highways Code Sections 36500 et seq. (Parking and Business Improvement Area Law of 1989) and levies assessments for fiscal year 2023-24 as further contained herein.
3. The report of the Arroyo Grande Tourism Business Improvement District Advisory Board is hereby confirmed.
4. The location and boundaries of the Arroyo Grande Tourism Business Improvement District are the boundaries of the City of Arroyo Grande.
5. The assessment levied by the Arroyo Grande Tourism Business Improvement District shall be used for activities and programs promoting lodging businesses in the District through the promotion of scenic, recreational, cultural, and other attractions in the District as a tourist destination, and as further set forth in Arroyo Grande Municipal Code Sections 3.46.030 and 3.46.080.
6. The assessment will be levied and allocated by the City of Arroyo Grande.
7. The assessment is to be levied on all “lodging” businesses, as that term is defined in Arroyo Grande Municipal Code Section 3.46.020.
8. The assessment for fiscal year 2023-24 shall be levied on all lodging businesses within the ATBID boundaries and shall be based upon two percent of the rent charged by the operator per occupied room per night for all transient occupancies.
The assessment shall be collected quarterly, based on two percent of the rent charged by the operator per occupied room per night in revenues for the previous quarter.
9. New lodging businesses shall not be exempt from immediate assessment.
On motion of , seconded by , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was passed and adopted this 23 rd day of May, 2023.
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING THE FISCAL YEAR 2023-
24 BUDGET FOR THE ARROYO GRANDE TOURISM
BUSINESS IMPROVEMENT DISTRICT
WHEREAS, on February 26, 2013, the City Council adopted Resolution No. 4516 establishing the Arroyo Grande Tourism Business Improvement District (“AGTBID” or “District”) Advisory Board (“Advisory Board”); and
WHEREAS, on May 14, 2013, the City Council adopted Ordinance No. 651 establishing the AGTBID; and
WHEREAS, the purpose of the Advisory Board is to consult with and advise the City Council on those matters dealing with the method and basis of levying assessments within the AGTBID; expenditures of revenues derived from such assessments; and programs, services, improvements, and activities intended to promote lodging establishments within the District; and
WHEREAS, on April 3, 2023, the Advisory Board approved the FY 2022-23 AGTBID Annual Report; and
WHEREAS, on April 25, 2023, the City Council approved the Advisory Board’s Annual Report and adopted a Resolution of Intention to levy and collect assessments for the 2023-24 fiscal year and to set a date for a public hearing for May 23, 2023; and WHEREAS, on May 23, 2023, the City Council adopted a Resolution levying an annual assessment for the AGTBID for the 2023-24 fiscal year; and WHEREAS, the budget recommendations are based upon City revenue projections and will fund a work plan that meets the objectives, goals, and responsibilities of the AGTBID.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby adopts the FY 2023-24 budget for the Arroyo Grande Tourism Business Improvement District attached hereto as Exhibit A.
RESOLUTION NO.
PAGE 2
On motion of , seconded by , and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 23rd day of May, 2023.
RESOLUTION NO.
PAGE 3
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT A
Beginning Fund Balance $ 383,583
Revenue Source Amount
TBID Assessments $ 309,000
Interest 750
Appropriation from fund balance 15,750
Total Revenue $ 325,500
Activity Amount Activity Amount
Advertising Membership & Subscriptions
Consultant Services $ 110,000 CCTC $ 500
Photo/Video Assets 15,000 Event Sponsorships 20,000
Promotional Product 5,000 Sub-total Membership & Subs. $ 20,500 Advertising Hard Costs 90,000
Travel and Trade Shows 7,500
Coop Advertising 15,000 Official Arroyo Grande Merchandise Sub-total Advertising Contest $ 5,000
$ 242,500 Merchandise 5,000
Services & Supplies Sub-Total Official Merchandise $ 10,000 City - administrative $ 45,000
Supplies/Domains 2,500 Total Expenditures $ 325,500
Vacation rental code compliance 5,000
Sub-total Services & Supplies $ 52,500
Ending Fund Balance $ 367,833
REVENUES
EXPENDITURES
ATTACHMENT 3
ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD BY-LAWS
Section 1: Purpose
The Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board (Board) advises the City Council in the administration and use of the assessment funds. The Board recommends projects to the City of Arroyo Grande to promote tourism to directly benefit the City's lodging industry.
Section 2: Membership
Board members shall be appointed by the City Council. The total membership of the Board shall consist of a minimum of three (3) but not more than nine (9five (5) members, 2/3rdsat least three of which shall be owners of lodging businesses within the AGTBID or others with knowledge of tourism and/or the lodging industry. The Mayor and each Council Member shall appoint one representative to the AGTBID Board, subject to approval by a majority of the Council.
Membership on the Board shall be exempt from City residency requirements otherwise applicable to other City Advisory Boards.advisory bodies. Criteria and selection for membership shall not discriminate based upon sex, race, religion, creed, color, age, national or ethnic origin, or any other classification protected by law.
Those seeking appointment to the Board must submit an application to the City Clerk’s Office. Those Board members shall be appointed for four (4) years.
Board members whose terms have expired must submit a new application (terms are not automatically renewed), and the City Clerk will notify said Board members with a letter and new application form. Applications shall remain valid and on file for one year.
All appointees to the Board are also subject to the City’s Ethics Policy and training requirements.
Section 3: Term
Members of the Board shall serve for a term ending the January 31st following the expiration of the term of the respective appointing Mayor or Council Member, as applicable, unless re-appointed.
Section 4: Remuneration,
The Board shall serve without compensation.
Section 5: Termination of Membership
Any member of the Board serving as an owner of a lodging business within the AGTBID shall be terminated in the event the member is no longer an owner of a lodging business or someone with knowledge of tourism and/or the lodging industry.
Section 6: Removal of Members
A memberMembers of the Board may be removed prior to expiration of their term by a majority vote of the City Council.
Section 7: Resignation,
Any Board Member may resign at any time by giving written notice to the Chairperson, who shall forward such notice to the Board. Any such resignation will take effect upon receipt by the Chairperson or upon any date specified therein. The acceptance of such Page 465 of 569 resignation shall not be necessary to make it effective.
Section 8: Filling of Vacancies
In the event of a vacancy on the Board, the City Council shall appoint an individual to fill such vacancy as soon as reasonably practicable. New members must meet the membership qualifications.
Section 9: Functions and Duties.
The functions and duties of the Board shall include, but not be limited to, the following:
a. To study, investigate and determine the need for the Arroyo Grande Tourism Business Improvement District on an annual basis. b. To advise the City Council regarding the expenditure of assessment funds on an annual and ongoing basis.
c. To prepare and file the annual report as described in Streets and Highways Code Section 36533. Such report shall be submitted to the City Council no later than April 30 of each year.
d. To study, investigate and make proposals regarding the need for any changes to the Arroyo Grande Tourism Business Improvement District on an annual basis be included in the annual report.
e. To perform any other functions as directed by the City Council from time to time.
Section 10: Officers
a. At the first regular meeting of the Board wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice Chairperson who shall hold office for a period of one year.
b. iheThe Chairperson shall preside over all meetings of the Board, and otherwise perform such duties as directed by the Board or Council. The Chairperson may sign documents necessary to carry out the business of the Board.
c. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson.
Section 11: Meetings,
a. Regular Board meetings shall be held six times a year in the months of January, FebruaryMarch, April, June, August, and October, on the 4tht
h Monday of the month at 3:30 p.m. at a location accessible to the public, in Arroyo Grande, California.
b. Special meetings may be called at any time by the Chairperson or by a majority of the Board.
c. A notice, agenda and other necessary documents shall be posted on the City’s website and delivered to the lodging members, personally, by mail or by e-mailemail to Board members, at least seventy-two (72) hours prior for a regular meeting and 24 hours prior for a special meeting. d. The meetings shall be open to the public.
e. A quorum shall consist of a majority of the Board Members then serving on the TBID Board.
f. All actions of the TBID Board shall be by a majority vote or consensus and shall be directed through the Chairperson.
g. Minutes of each meeting shall be taken, shall be available as a public record and forwarded to the Council if needed.
Section 12: Staff Representation
a. The City of Arroyo Grande City Manager, or the designee of the City Manager, shall be responsible for preparing agendas and reports pertaining to Committee business and shall attend the Board meeting. b. The South County Chambers of Commerce Executive DirectorA designee of the City of Arroyo Grande City Manager will prepare and maintain accurate minutes of the official activities of the Board.
Section 13: Amendments
All amendments to the Bylaws shall be approved by the City Council.
ATTACHMENT 4
ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD BY-LAWS
Section 1: Purpose
The Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board (Board) advises the City Council in the administration and use of the assessment funds. The Board recommends projects to the City of Arroyo Grande to promote tourism to directly benefit the City's lodging industry.
Section 2: Membership
Board members shall be appointed by the City Council. The total membership of the Board shall consist of five (5) members, at least three of which shall be owners of lodging businesses within the AGTBID or others with knowledge of tourism and/or the lodging industry. The Mayor and each Council Member shall appoint one representative to the AGTBID Board, subject to approval by a majority of the Council.
Membership on the Board shall be exempt from City residency requirements otherwise applicable to other City advisory bodies. Criteria and selection for membership shall not discriminate based upon sex, race, religion, creed, color, age, national or ethnic origin, or any other classification protected by law.
Those seeking appointment to the Board must submit an application to the City Clerk’s Office. Those Board members whose terms have expired must submit a new application (terms are not automatically renewed), and the City Clerk will notify said Board members with a letter and new application form. Applications shall remain valid and on file for one year.
All appointees to the Board are also subject to the City’s Ethics Policy and training requirements.
Section 3: Term
Members of the Board shall serve for a term ending the January 31st following the expiration of the term of the respective appointing Mayor or Council Member, as applicable.
Section 4: Remuneration
The Board shall serve without compensation.
Section 5: Termination of Membership
Any member of the Board serving as an owner of a lodging business within the AGTBID shall be terminated in the event the member is no longer an owner of a lodging business or someone with knowledge of tourism and/or the lodging industry.
Section 6: Removal of Members
Members of the Board may be removed prior to expiration of their term by a majority vote of the Council.
Section 7: Resignation
Any Board Member may resign at any time by giving written notice to the Chairperson, who shall forward such notice to the Board. Any such resignation will take effect upon Page 468 of 569 ATTACHMENT 4
receipt by the Chairperson or upon any date specified therein. The acceptance of such resignation shall not be necessary to make it effective.
Section 8: Filling of Vacancies
In the event of a vacancy on the Board, the City Council shall appoint an individual to fill such vacancy as soon as reasonably practicable. New members must meet the membership qualifications.
Section 9: Functions and Duties
The functions and duties of the Board shall include, but not be limited to, the following:
a. To study, investigate and determine the need for the Arroyo Grande Tourism Business Improvement District on an annual basis. b. To advise the City Council regarding the expenditure of assessment funds on an annual and ongoing basis.
c. To prepare and file the annual report as described in Streets and Highways Code Section 36533. Such report shall be submitted to the City Council no later than April 30 of each year.
d. To study, investigate and make proposals regarding the need for any changes to the Arroyo Grande Tourism Business Improvement District on an annual basis be included in the annual report.
e. To perform any other functions as directed by the City Council from time to time.
Section 10: Officers
a. At the first regular meeting of the Board wherein newly appointed Members are seated, the Members shall elect a Chairperson and Vice Chairperson who shall hold office for a period of one year.
b. The Chairperson shall preside over all meetings of the Board, and otherwise perform such duties as directed by the Board or Council. The Chairperson may sign documents necessary to carry out the business of the Board.
c. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson.
Section 11: Meetings,
a. Regular Board meetings shall be held six times a year in the months of January, March, April, June, August, and October, on the 4th Monday of the month at 3:30 p.m. at a location accessible to the public, in Arroyo Grande, California.
b. Special meetings may be called at any time by the Chairperson or by a majority of the Board.
c. A notice, agenda and other necessary documents shall be posted on the City’s website and delivered by mail or email to Board members, at least seventy-two (72) hours prior for a regular meeting and 24 hours prior for a special meeting.
d. The meetings shall be open to the public.
e. A quorum shall consist of a majority of the Board Members then serving on the TBID Board.
ATTACHMENT 4
f. All actions of the TBID Board shall be by a majority vote or consensus and shall be directed through the Chairperson.
g. Minutes of each meeting shall be taken, shall be available as a public record and forwarded to the Council if needed.
Section 12: Staff Representation
a. The City of Arroyo Grande City Manager, or the designee of the City Manager, shall be responsible for preparing agendas and reports pertaining to Committee business and shall attend the Board meeting. b. A designee of the City of Arroyo Grande City Manager will prepare and maintain accurate minutes of the official activities of the Board.
Section 13: Amendments
All amendments to the Bylaws shall be approved by the City Council.
ATTACHMENT 5
Attachment 5 – Staff Report from the April 25, 2023 City Council Meeting is available as a link:
Annual Report, Resolution of Intention to Levy Annual Assessment for AGTBID, Consideration of Alternatives for Future of AGTBID Staff Report
ATTACHMENT 6
1 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
April 25, 2023, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Council Member George, Council Member Guthrie, Council
Member Secrest
Council Members Absent: Mayor Pro Tem Barneich
Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, City Manager Whitney McDonald,
Assistant City Manager/Public Works Director
Bill Robeson, Recreation Services Director
Sheridan Bohlken, Administrative Services
Director Nicole Valentine, Five Cities Fire
Chief Steve Lieberman
This meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________
1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Clerk Matson took roll call.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Ray Russom led the flag salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
None.
5.b Ordinances read in title only
ATTACHMENT 6
2 None.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring May as National Foster Care Month Mayor Ray Russom read the Honorary Proclamation Declaring May as National Foster Care Month. Felipe Gonzalez, Program Review Specialist for Foster Care Support, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.b Honorary Proclamation Recognizing May 7-13, 2023 as National Travel and Tourism Week Mayor Ray Russom read the Honorary Proclamation Recognizing May 7-13 as National Travel and Tourism Week. Melissa Murray, Project Manager, Destination Management, Visit SLO CAL, and Kathy McCorry, South County Chambers of Commerce, accepted the proclamation.
Mayor Ray Russom invited public comment. Speaking from the public was Sean Dasmann, Agrarian Hotel. No further public comments were received.
No action was taken on this item.
6.c Honorary Proclamation Declaring May 7-13, 2023 as Public Service Recognition Week Mayor Ray Russom read the Honorary Proclamation Declaring May 7-13, 2023 as Public Service Recognition Week. Tashina Ureno, Human Resources Officer, accepted the proclamation.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item.
6.d City Manager Communications
City Manager McDonald thanked the community for supporting the We Heart AG event; provided information regarding a public workshop regarding the Halcyon Complete Streets Plan; Recreation Department Mother's Day Tea Party; the new City newsletter; and discussed upcoming items for Council consideration.
Mayor Ray Russom invited public comment. Speaking from the public was Alexandria Davis.
No further 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:
ATTACHMENT 6
3 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)
2. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT)
3. Integrated Waste Management Authority Board (IWMA)
4. REACH SLO Advisory Commission
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
Mayor Ray Russom invited public comment. Speaking from the public were Robin Barnes, Dan Pittaway, Central Coast Veterans Museum. No further public comments were received.
ATTACHMENT 6
4 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.
Mayor Ray Russom invited public comment. No public comments were received.
Mayor Ray Russom called for a brief break at 6:40 p.m. The Council reconvened at 6:45 p.m.
Moved by Council Member Guthrie
Seconded by Council Member George
Approve Consent Agenda Items 9.a. through 9.g., with the recommended courses of action.
AYES (4): Council Member Guthrie, Council Member George, Council Member Secrest, and Mayor Ray Russom
ABSENT (1): Mayor Pro Tem Barneich
Passed (4 to 0)
9.a Consideration of Cash Disbursement Ratification
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
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
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.)
9.d Acceptance of Oak Park Boulevard Drainage Repairs Project PW 2020-04 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.
ATTACHMENT 6
5 9.e Consideration of Approval of an Agreement for Traffic Signal Maintenance with Lee Wilson Electric Company
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 PW243 - 1989 Air Compressor as Surplus 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
Receive and file the Monthly Water Supply and Demand Update.
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
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 City Manager McDonald provided a brief background of the report, recommendations for Council consideration, and responded to questions from Council. City Attorney Rosen provided clarification regarding negotiations of the JPA.
Mayor Ray Russom invited public comment. No public comments were received.
Council comments included support for staff's recommendations regarding the draft Amended and Restated Joint Powers Agreement for the Five Cities Fire Authority as well as contract terms for negotiation with Oceano Community Service District for future fire and emergency response service past June 30, 2023.
Moved by Council Member George
Seconded by Council Member Guthrie
ATTACHMENT 6
6 1) Approve staff's recommendation regarding the draft Amended and Restated Joint Powers Agreement for the Five Cities Fire Authority; 2) Direct staff to look at a 9-month agreement with a month-to-month extension 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.
AYES (4): Council Member George, Council Member Guthrie, Council Member Secrest, and Mayor Ray Russom
ABSENT (1): Mayor Pro Tem Barneich
Passed (4 to 0)
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 Recreation Services Director Bohlken and City Manager McDonald presented the report and staff responded to questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public were Stacy Hall, Bernadette Somo, Niccola Nelson, Michael Newsom, Karla Brown, Natalie Lackey, Nick, Chris Clark, Carrie Van Beveren, No Name Provided, Wendy Wendt, Shana Paulson, Jill Fitzgerald, Ashley Gray, Evelyn Brown, Claire Clark, Ashlee Akers, and No Name Provided. City Clerk Matson read into the record written comments received by Jack, Charlie, Maggie, Ashley Beene, Traci Walker, Amy Southcott, Ashley Gray, Rachel Naccarati, Mykel Rangel, and Julie Casey. No further public comments were received.
Council discussion ensued regarding childcare capacity, cost for preschool, and before and after school childcare. Council Member George provided a recommendation to continue the preschool program through June 2024. Council discussion ensued regarding facility conditions.
Moved by Mayor Ray Russom
Seconded by Council Member Guthrie
Provided direction to staff to phase out its existing child care programs by the fall of 2023 and to provide a list of childcare providers to current participants.
AYES (4): Mayor Ray Russom, Council Member Guthrie, Council Member Secrest, and Council Member George
ABSENT (1): Mayor Pro Tem Barneich
Passed (4 to 0)
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
ATTACHMENT 6
7 Mayor Ray Russom declared of conflict of interest due to being a vacation rental and homestay provider, called for a brief break at 10:10 p.m., and left the meeting. The Council reconvened at 10:15 p.m.
Council Member George presided over the meeting.
City Manager McDonald presented the report; Ashlee Akers and Natalie Bovee, Verdin Marketing, presented the Annual Report and responded to questions from Council.
At 10:50 p.m., Council Member George stated that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m. Council Member Guthrie moved to continue the meeting to 11:30 p.m. Council Member Secrest seconded the motion, and the motion passed unanimously by voice vote.
Council Member George invited public comment. No public comments were received. Council Member George left public comment open.
Discussion continued regarding the Resolution of Intention to levy and collect assessments within the Arroyo Grande Tourism Business Improvement District area for Fiscal Year 2023-24, including the possibility of the disestablishment of the AGTBID and winding up of its affairs in accordance with applicable State law. City Attorney Rosen and City Clerk Matson provided clarification regarding the the public hearing process and public noticing.
Council discussion ensued around using assessment funds towards host compliance, Destination Management Organizations (DMO) versus TBIDs, and the make-up of the TBID Advisory Board. City Attorney Rosen provided clarification regarding DMOs and TBIDs.
Council Member George invited public comment. Speaking from the public was Kathy Cartier, Kathy McCorry, Gaea Powell and Sean Dasmann. No further public comments were received and Council Member George closed public comment.
At 11:30 p.m., Council Member Guthrie moved to continue the meeting to 11:45 p.m. Council Member Secrest seconded the motion, and the motion passed unanimously by voice vote.
Council discussion included support for changing the make-up of the Advisory Board to a 5- member Board, appointed individually by City Council members, consistent with other City advisory bodies. City Manager McDonald commented that updated Board Bylaws and a discussion of administration of the AGTBID Board will be brought to Council for consideration on May 23, 2023.
Moved by Council Member George
Seconded by Council Member Secrest
Receive and Approve the Annual Report
AYES (3): Council Member George, Council Member Secrest, and Council Member Guthrie ABSENT (2): Mayor Ray Russom, and Mayor Pro Tem Barneich Passed (3 to 0)
ATTACHMENT 6
8 Moved by Council Member Guthrie
Seconded by Council Member Secrest
Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING ITS INTENTION TO CONTINUE THE ARROYO GRANDE
TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND TO
LEVY THE ASSESSMENTS FOR THE DISTRICT, AND TO SET A DATE FOR THE PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR THE 2023-24 FISCAL YEAR"; set a public hearing date of May 23, 2023; and direct staff to place proposed updated TBID Board Bylaws and consideration of transitioning the administration of the AGTBID to City staff on the May 23, 2023 City Council Agenda.
AYES (3): Council Member Guthrie, Council Member Secrest, and Council Member George ABSENT (2): Mayor Ray Russom, and Mayor Pro Tem Barneich Passed (3 to 0)
13. COUNCIL COMMUNICATIONS
Council Member Guthrie requested that the Council consider directing staff to agendize a discussion regarding IWMA direction. Council Member George concurred.
14. ADJOURNMENT
There being no further business to come before the City Council, Council Member George adjourned the meeting at 11:41 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk
Item 11.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
SUBJECT: Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District
DATE: May 23, 2023
SUMMARY OF ACTION:
Consider and provide direction regarding the proposed terms for a future fire and emergency services contract between the Five Cities Fire Authority (FCFA) and the Oceano Community Services District (OCSD).
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. It is estimated 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 assumed that a contract for fire and emergency response service would be 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. Based on Council direction provided on April 25, 2023, the proposed terms for a contract for service to OCSD would provide fire and emergency services for nine months, through March 31, 2024, at a cost of $1,211,000. Additional months of service would cost $133,000 per month, which would increase the total revenue to the FCFA for Fiscal Year 2023-24 to $8,874,000. As it is unknown whether the additional months of service and the corresponding revenue increases to the FCFA will occur, the City’s preliminary budget includes the amount of funding necessary to pay its share of estimated costs assuming $1,211,000 in revenue from a service contract with the OCSD.
The OCSD Board of Directors provided direction to its General Manager on May 10, 2023, to seek an agreement for service from the FCFA with a one-year term at a cost of $1,150,000, and the ability to extend the term for a cost of $95,833.33 per month. If these terms are accepted, revenue to the FCFA will be $60,000 less than anticipated. To address this revenue shortfall, FCFA’s operating budget may be decreased by this
Item 11.a.
City Council
Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District May 23, 2023
amount, the shortfall may be addressed through FCFA fund balance, or the two member agencies may increase contributions, if the terms proposed by the OCSD Board of Directors are approved.
RECOMMENDATION:
Discuss and provide direction regarding the proposed terms for a future fire and emergency services contract between the FCFA and the OCSD.
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.
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.
Item 11.a.
City Council
Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District May 23, 2023
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 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.
Since the June 2022 election, a number of presentations and discussions have been held with the City Council regarding the OCSD’s exit from the FCFA, as well as current and future needs of the FCFA to provide ongoing service to the community. A summary of the wind down process was shared with the City Council on August 9, 2022. In October 2022, the cities of Grover Beach and Arroyo Grande retained a third-party consultant, Baker Tilly, to conduct an organization assessment of the FCFA and to assist the two cities in evaluating the financial and operational effects of the OCSD’s withdrawal as well as options for service delivery. The preliminary conclusions of that study were presented to the City Council on February 28, 2023, where direction was received to pursue a service model that would offer to provide fire and emergency service to Oceano on a short-term contract, fee for service arrangement, while the OCSD’s application to the Local Area Formation Commission to divest itself of its fire service powers is processed and concluded.
On April 25, 2023, staff presented to Council a draft Amended and Restated Joint Powers Agreement for the FCFA to govern the FCFA through a new two-city model. Additionally, the final Baker Tilly study was submitted, and Council provided direction to continue pursuing Plan A-4 described in the study, with costs as shown below:
Item 11.a.
City Council
Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District May 23, 2023
Also on April 5, 2023, potential terms for a contract between the FCFA and the OCSD were discussed. At the conclusion of the discussion, Council directed staff to pursue a fire and emergency services contract between the FCFA and the OCSD that incorporates the following terms:
Term of nine months
Cost of $1,211,000 for the initial term
The term may be extended on a month-to-month basis for a cost equivalent to the monthly rate of the total costs per month
A proposed contract for service was developed incorporating these proposed terms (see Attachment 1) and provided to the OCSD’s General Manager for consideration. On May 10, 2023, the OCSD Board of Directors discussed the proposed terms and provided direction to its General Manager to seek a contract for service with the following terms:
One-year term at a cost of $1,150,000 to the OCSD; or Nine-month term at a cost of $862,500; and
Flexible options for an extension to the term with costs per service commensurate with the yearly cost of $1,150,000.
Item 11.a.
City Council
Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District May 23, 2023
ANALYSIS OF ISSUES:
In light of the recent direction provided by the OCSD Board of Directors, this item is being presented to enable discussion and seek further direction regarding the terms of a potential contract for service between the FCFA and the OCSD. During its discussion of this issue on May 10, 2023, the OCSD Board of Directors considered a different methodology for calculating costs of service. Where the Arroyo Grande City Council, during the discussion on April 25, 2023, considered that the costs to Oceano under the formula identified in the Third Amendment to the JPA would be $1,581,000 based on the estimated FY 2023-24 FCFA budget, the OCSD Board of Directors considered costs based purely on calls for service. Using calculations that based on estimated calls for service to each jurisdiction in 2022, the OCSD asserts that Arroyo Grande will be paying $1,669.31 per call for service in FY 2023-24. The OCSD is proposing that this same cost per call be applied to the anticipated calls for service to Oceano and that this calculation form the basis of the total proposed cost for one year of service of $1,150,000.
Staff is continuing to evaluate the proposed revisions to the contract for service, as well as the cost calculations used by the OCSD to generate its request. Due to the short time frame for the parties to conclude negotiations before the OCSD exits the FCFA at the end of June, it is recommended that the City Council discuss the proposed revised terms and provide further direction to staff.
Ultimately, the newly constituted FCFA Board of Directors and the OCSD Board of Directors will need to approve a service agreement if terms can be successfully negotiated. It is anticipated that a meeting of the new FCFA Board of Directors will be convened during the week of June 19th following approval of the Amended and Restated JPA on June 13, 2023. During that meeting, the new FCFA Board would be requested to review and approve the FCFA’s FY 2023-24 budget and two contracts with the OCSD – a limited term contract for service, and an agreement regarding the OCSD’s ongoing CalPERS liabilities. The latter contract has also been prepared by City staff and presented to the OCSD for review.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Discuss and provide direction regarding terms for a contract for service between the FCFA and the OCSD for future fire and emergency response service past June 30, 2023;
2. Provide other direction to staff.
ADVANTAGES:
Providing additional direction regarding the terms for a potential service contract between the FCFA and the OSCD will further equip staff to negotiate an agreement that will meet the needs of the parties before the end of June 2023.
Item 11.a.
City Council
Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District May 23, 2023
DISADVANTAGES:
There are no known disadvantages to providing direction regarding the potential terms of a service contract with the OCSD.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
Attachments:
1. Draft Service Contract between the FCFA and the OCSD
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1 ATTACHMENT 1
AGREEMENT TO PROVIDE FIRE SERVICES
BETWEEN THE FIVE CITIES FIRE AUTHORITY AND
OCEANO COMMUNITY SERVICES DISTRICT
THIS AGREEMENT is made and entered into this ____ day of June 2023, (“Effective Date”) by and between the Five Cities Fire Authority ("FCFA"), a California Joint Powers Authority as authorized under Government Code Sections 6500 et. seq., and Oceano Community Services District ("Oceano"), a County of San Luis Obispo Community Services District (collectively referred to as "the Parties").
RECITALS
WHEREAS, the Parties are public entities organized and operating under the laws of the State of California; and
WHEREAS, the Parties have the authority to perform fire protection activities certain emergency medical services and other related activities for their respective agencies, including those described within Exhibit B (collectively, “FCFA Services”); and
WHEREAS, since June 7, 2010, Oceano has been a member agency of the Five Cities Fire Authority along with the Cities of Grover Beach and Arroyo Grande; and
WHEREAS, FCFA’s Joint Exercise of Powers Agreement was amended by the Parties to terminate Oceano’s participation as a member agency in FCFA commencing July 1, 2023; and
WHEREAS, the Parties desire for FCFA to continue supplying fire and emergency medical services to Oceano for a temporary period of time consistent with the terms and conditions of this Agreement; and
WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to fire and emergency medical services to be provided to Oceano, but does not any way modify Oceano’s continuing obligations and liabilities under the Five Cities Fire Authority Joint Powers Authority Agreement, as amended, incurred prior to June 30, 2023; and
WHEREAS, Oceano remains subject to all “Wind Down Period” obligations set forth within the Five Cities Fire Authority Amended and Restated Joint Powers Authority Agreement, and specifically Section 5 of the Third Amendment to the FCFA Joint Powers Agreement incorporated herein as Exhibit C, Oceano’s withdrawal from
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2 the FCFA shall not absolve Oceano from any Liabilities arising out of Oceano’s participation in the FCFA since the time the FCFA was created on June 7, 2010 through the date of Oceano’s withdrawal from the FCFA on June 30, 2023; and WHEREAS, this agreement is entered into pursuant to Government Code § 54981 and § 55632.
AGREEMENT
NOW, THEREFORE, the above “WHEREAS” provisions are incorporated herein with the same force and effect as any other term and condition of this Agreement and for and in consideration of the mutual advantages to be derived therefrom, and in consideration of the mutual covenants herein contained, it is agreed by and between the Parties hereto as follows:
ARTICLE I
PROVISION OF SERVICES
1.1 Scope of Services. FCFA shall provide Fire and Emergency Medical Services within the jurisdictional area of Oceano. See jurisdictional map entitled Exhibit “A” incorporated by reference herein as if set out in full. "Fire and Emergency Medical Services" shall mean those services identified in Exhibit B.
1.2 Fire Chief. FCFA's Fire Chief or his/her designee shall be immediately available for response and management of emergency incidents as necessary to provide incident command and coordination functions within the jurisdictional boundaries of Oceano over the term of this Agreement.
1 . 3 Staffing. FCFA shall provide, in its sole discretion, sufficient staffing personnel, meeting minimum federal and state-mandated training requirements for their respective classifications and responsibilities, to provide Fire Services, pursuant to this Agreement, to Oceano for the term of this Agreement. The staff shall consist of personnel assigned at the sole discretion of FCFA but at least one member of every shift shall be qualified as an Emergency Medical Technician.
ARTICLE II
PAYMENT FOR SERVICES
2.1 Compensation for Services. Oceano shall compensate FCFA for all Fire and Emergency Medical Services performed under this Agreement in a fixed amount of One Million Two Hundred and Eleven Thousand Dollars ($1,211,000.00).
Oceano shall pay, on a quarterly basis (every three months from the effective date of this Agreement) the sum of Four Hundred and Three Thousand Six Hundred and
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3 Sixty-Six Dollars and Sixty-six cents ($403,666.66) for the Fire, Emergency Medical Services and any related FCFA Activities provided by FCFA. In the event the Fire, Emergency Medical Services and any related FCFA Activities are extended in accordance with Section 5.2, the compensation would be determined based upon a mutually acceptable amendment to this Agreement but will in no event be less than the amount per month of One Hundred Thirty-Three Thousand, Three Hundred and Thirty-Three cents ($133,333.33) per month. FCFA shall submit quarterly invoices to Oceano for the quarterly payment amount. Payments are to be made within thirty (30) days of FCFA mailed invoice to Oceano, and any non-payment in excess of sixty (60) days from the date of FCFA’s mailed invoice shall be considered a default under this Agreement and shall accrue an additional ten (10) percent charge as described herein.
2.2 Extra and Additional Services. Oceano shall compensate FCFA for all costs and expenses reasonably and necessarily incurred by FCFA that are outside and in addition to those Fire and Emergency Medical Services and FCFA Activities enumerated and defined within Exhibit “B”.
ARTICLE Ill
PROPERTY USED FOR FIRE SERVICES
3.1 Fire Station. FCFA will utilize the Fire Stations number 1 and 2 located respectively at 140 Traffic Way, Arroyo Grande and 701 Rockaway Ave. Grover Beach, California, as its primary locations for the provision of Fire, Emergency Medical Services and FCFA Activities contemplated by this Agreement. Oceano retains fee title to the Fire Station number 3, but hereby grants FCFA an unrestricted license for full use of the apparatus bay at Station number 3, located at 1655 Front Street, Oceano for general storage purposes in furtherance of this Agreement.
Oceano shall also make available for FCFA training and storage, the well site no. 8 property located on South 13th Street. FCFA’s use of Station number 3 and well site no. 8 shall not be subject to any rental or other cost and shall be part of the consideration paid by Oceano for Fire, Emergency Medical Services and FCFA Activities rendered by FCFA to Oceano. Oceano agrees to maintain the Fire Station number 3 and well site no. 8, in a safe, habitable, and serviceable condition at all times.
(a) Nothing herein shall in any way limit Oceano's right to grant concurrent use of the Fire Station to any other party, that does not unreasonably interfere with FCFA’s use of the apparatus bay for storage. FCFA shall not unreasonably interfere with the use of the Fire Station for any other purposes by Oceano.
(b) If Oceano grants rights to a third party for concurrent use of the Fire Station, Oceano shall take all reasonable steps to ensure that the third
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4 party does not interfere with the use of the Fire Station for FCFA storage purposes and shall provide FCFA at least ten (10) days advanced notice of the use granted to a third party.
3.2 Maintenance and Replacement. FCFA, consistent with the Amended and Restated Joint Exercise of Powers Agreement, dated ______, 2023, shall bear all costs to maintain, repair and replace all facilities, vehicles, equipment and apparatus owned by FCFA and designated for use in the Fire, Emergency Medical Services and FCFA Activities.
ARTICLE IV
RELATIONS OF PARTIES
4.1 Special Relationship. The Parties will agree this Agreement does not create a “special relationship” as the term is defined by Federal or California law, between Oceano or any other agency, or between the Parties’ officials, officers, employees, or successors or with any third party as a result of this Agreement.
Further, notwithstanding Oceano’s prior participation in the Five Cities Fire Authority Joint Exercise of Powers Agreement as a member agency, Oceano has terminated their participation in the JPA and is no longer a member agency. Oceano does not participate nor is a member of FCFA and retains no rights or title in the FCFA Joint Powers Authority after June 30, 2023. Notwithstanding the foregoing, nothing within this Agreement absolves Oceano from obligations and/or liabilities incurred and owed to FCFA, under the Five Cities Fire Authority Joint Exercise of Powers Agreement, over the time period Oceano was a member agency.
ARTICLE V
TERM OF AGREEMENT
5.1 Term. The term of this Agreement shall be from July 1, 2023, through March 31, 2024 (‘’Initial term”).
5.2 Renewal or Extension of Agreement. The Term of this Agreement may be extended upon mutual agreement of both Parties. Upon written notice of either Party sixty (60) days prior to the termination of the Initial Term of this Agreement, the Parties shall meet and confer for a period up to forty-five (45) days regarding extending the term of the Agreement and the terms and conditions of the extension. If agreement cannot be reached, then the Agreement shall terminate with no further obligations of either Party at the end of the Agreement’s initial term. If the Agreement is extended by the Parties, notwithstanding any other provisions of this Agreement, the term for the extension will be on a month-to-month basis commencing upon the end of the Initial Term.
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5 5.3 Termination. Notwithstanding Section 5.1 or Section 5.2 of this Agreement, either Party may terminate this Agreement by providing thirty (30) days’ written notification to the other party, and the term of this Agreement or any extension thereof shall be shortened accordingly. Upon termination of this Agreement, FCFA will deliver to Oceano the unencumbered possession of Station number 3 described in Article III herein, reasonable wear and tear excepted. On the termination date, Oceano shall be obligated to pay the proportionate compensation owed to FCFA for all Fire, Emergency Medical Services and FCFA Activities, incurred up to the termination date consistent with the terms of this Agreement.
ARTICLE VI
INDEMNIFICATION AND INSURANCE
6.1 Mutual Indemnification.
(a) Each Party shall indemnify, defend and hold harmless the other party, to the extent allowed by law and in proportion to fault, against any and all third-party liability for claims, demands, costs or judgments·(direct, indirect, incidental or consequential) involving bodily injury, personal injury, death, property damage or other costs and expenses (including reasonable attorneys' fees, costs and expenses) arising or resulting from the acts or omissions of its own officers, agents, employees or representatives carried out pursuant to the obligations of this Agreement.
(b) Each Party shall protect, defend, indemnify and hold harmless the other party (including their officials, employees and agents as the same may be constituted now and from time to time hereafter) from and against any and all liabilities, losses, damages, expenses or costs, whatsoever (including reasonable attorneys' fees, costs and expenses), which may arise against or be incurred by the other Party as a result of or in connection with any actual or alleged breach of this Agreement by either Party.
(c) Notwithstanding the foregoing Sections 6.l (a) and (b), Oceano shall remain liable for its own real and personal property damage (including, without limitation, autos, equipment, and apparatus), since it is retaining ownership of, insurable interests therein, and insurance on its real and personal property. (d) Except for any duties either Party owes to the other pursuant to the provisions of this Agreement, nothing in this Agreement shall be construed to waive any legal protections or immunities available to the Parties under state or federal law.
(e) Accordingly, the Parties hereby expressly agree to waive the pro rata risk allocation contained in California Government Code Section 895.6.
6.2 Mutual Indemnification Obligations Survive Termination. As to activities·
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6 occurring or being carried out in performance of this Agreement and during the term of this Agreement, the obligations created by Section 6.1 shall survive termination of this Agreement.
6.3 Immunity Preservation. Nothing in this Agreement shall be read as waiving or limiting any defense to claims of liability otherwise available to fire personnel, and/or public employees, such as the defense of qualified immunity. Nothing in this Agreement shall be read as intending to create or creating a higher duty of care on the part of either Oceano or FCFA, or their officers, than would otherwise exist under existing law and the involved Party's own policies, practices, and procedures.
6.4 Public Liability and Property Insurance.
(a) Each Party shall maintain in effect, at its own cost and expense, the following insurance coverage provided either through a bona fide program of self-insurance, commercial insurance policies, or any combination thereof:
i. Commercial general liability or public liability with minimum limits of $1,000,000.00 per occurrence.
ii. Auto liability including owned, leased, non-owned,
and hired automobiles, with a combined single limit of not less than $1,000,000.00 per occurrence.
iii. If a Party employs others in the performance of this Agreement, that Party shall maintain Workers' Compensation in accordance with California Labor Code section 3700 with a minimum of $1,000,000 per occurrence for employer's liability, for the duration of time that such workers are employed.
(b) All insurance required by this Agreement shall:
i. Be placed (1) with companies admitted to transact
insurance business in the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current A.M. Best rating of no less than A:VII; or (2) disclosed self- insurance with limits acceptable to the other Party. ii. Provide that each Party's insurance is primary and
non-contributing insurance to any insurance or self-insurance maintained by the other Party and that the insurance of the other Party shall not be called upon to contribute to a loss covered by a Party's insurance.
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7 (c) Each Party shall file certificates of insurance with the other Party evidencing that the required insurance is in effect within thirty (30) days after the effective date of this Agreement.
6.5 Workers Compensation.
(a) FCFA shall provide Oceano an endorsement that its Workers Compensation insurer waives the right of subrogation against Oceano, its officers, officials, employees, and volunteers for all claims on or after the effective start date of this Agreement during the tenure of said Agreement.
ARTICLE VII
MISCELLANEOUS
7.1 Amendments to Agreement. No part of this Agreement shall be altered or amended except by written amendment and mutual consent of both Parties.
7.2 Assignment. The rights and obligations of the Parties under this Agreement are not assignable and shall not be delegated without the prior written approval of the other Party.
7.3 Dispute Resolution. The Parties recognize that this Agreement cannot represent a complete expression of all issues which may arise during the performance of the Agreement. Accordingly, FCFA and Oceano agree to meet and confer in good faith over any issue not expressly described herein. (a) It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. To that end, the Parties agree through the City Managers of Arroyo Grande and Grover Beach and the Oceano General Manager to meet within ten (10) business days of a request made by the other party in writing to discuss any issues and attempt to resolve the dispute. If the dispute is not resolved after that meeting, the Parties agree to nonbinding mediation to resolve the dispute within 30 calendar days of the meeting or as soon thereafter as possible. The mediator will be chosen by mutual agreement of the Parties. The costs of mediation will be borne by the Parties equally. No party may initiate litigation prior to the conclusion of mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and reasonable attorney fees in an amount not to exceed ten thousand dollars ($10,000.00).
7.4 Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth herein:
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8 Exhibit A: Oceano Jurisdiction Map
Exhibit B: Scope of Fire and Emergency Medical Services Exhibit C: Third Amended Joint Powers Agreement of the FCFA
7.5 Notices. All notices required or permitted hereunder shall be deemed sufficiently given if delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at the addresses set forth below or to such other address as may, from time to time, be designated in writing.
To Oceano:
General Manager
1655 Front St.
Oceano, CA. 93445
To FCFA:
Fire Chief
140 Traffic Way
Arroyo Grande, CA 93420
7.6 Governing Law. Agreement shall be governed by the laws of the state of California with venue being the Superior Court of the County of San Luis Obispo.
7.7 Third Party Beneficiary. The Agreement is only for the benefit of the Parties to the Agreement and shall not be construed or deemed to operate as an agreement for the benefit of any third party or parties and no third parties shall have any right of action or obtain any right of benefits or position of any kind for any reason whatsoever.
7.8 Default and Delinquency. If Oceano defaults in its obligation to pay or advance any amounts due pursuant to this Agreement after such amounts have become delinquent, Oceano shall be liable to the FCFA for interest on any unpaid amount at the rate of 10%, or the maximum rate allowed by law if it is less than 10%, until the overdue invoice amount is paid in full.
7.9 Waiver. The waiver at any time by any Party of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.
7.10 Remedies Not Exclusive. The remedies provided in this Agreement
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9 are cumulative and not exclusive, and are in addition to any other remedies that may be provided by law or equity. The exercise by any Party of any remedy under this Agreement shall be without prejudice to the enforcement of any other remedy.
7.11 Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
7.12 Counterparts. This Agreement may be executed by the Member Agencies in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties execute this agreement hereto on the day and the year first written above.
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10 FIRE CITIES FIRE AUTHORITY
By
Authority Chair
Dated
ATTEST:
By
Authority Clerk
APPROVED AS TO FORM:
Authority Attorney
OCEANO COMMUNITY SERVICES DISTRICT
By
President
Dated
ATTEST:
By
District Clerk
APPROVED AS TO FORM:
District Counsel
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11 EXHIBIT A
OCEANO JURISDICTION MAP
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\41309777.2
12
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13 EXHIBIT B
SCOPE OF SERVICE
Scope of Services
FCFA shall provide the following services:
1. Administration. Provide administrative responsibility and support for all fire, emergency and non-emergency services in the Oceano Community Services District (“Oceano”).
Administration of fire services shall include the following:
a. Adequate supervision and staffing,
b. Program planning;
c. Delivery and documentation of all federal and state-mandated firefighter training;
d. Coordination of procurement of all operational supplies, services, and equipment;
e. Representation at Oceano Board meetings as deemed necessary by the Oceano General Manager and agreed to by the FCFA Fire Chief; f. Transparency with Oceano in management decisions affecting fire service delivery.
2. Incident Response. Delivery of all fire protection and emergency services within the jurisdictional limits of Oceano Community Services District, including responding to calls for fire suppression, emergency medical response (Basic Life Support services), rescue services, hazardous materials, and all other emergency and non-emergency calls for service as received and dispatched to the FCFA. A Chief Officer, or acting Chief Fire Officer, shall respond to all major incidents as determined by the Fire Chief.
3. Fire Safety Inspections/Enforcement. Enforce code provisions related to fire services, including but not limited to weed abatement and fireworks, and hazardous material releases. Review of all development and building plans to ensure compliance with applicable fire and life safety codes and regulations, as well as inspection of fire protection and fire alarm systems for compliance with applicable codes and standards.
To the maximum extent feasible, inspection shall be performed during standard duty hours.
4. Investigations. Investigate all fires to establish origin and cause and coordinate with the Oceano Community Services District on criminal investigations and prosecutions resulting therefrom. Provide fire investigation reports.
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14 5. Training. Maintain a continuous training program that corresponds to federal, state and local mandates, as well as evolving industry best practices and developments in emerging fire suppression and fire prevention techniques. 6, Emergency Management. FCFA, through its Fire Chief, or his/her designee, shall be responsible for the coordination and communication with the County of San Luis Obispo Office of Emergency Services . Pursuant to existing agreements, FCFA will coordinate with other agencies regarding mutual aid services to Oceano Community Services District. FCFA will also respond to requests for mutual aid or assistance-by-hire by other agencies pursuant to the California Statewide Mutual Aid Agreement or the California Fire Assistance Agreement.
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MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Isaac Rosen, City Attorney
SUBJECT: Supplemental Information
Agenda Item 11.a. – May 23, 2023 City Council Meeting
Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District
DATE: May 23, 2023
Attached is a redline version of the agreement showing all the changes to the underlying service agreement originally proposed between Oceano Community Services District (“OCSD”) and the Five Cities Fire Authority (“FCFA”) to provide fire and emergency services in the time period after OCSD leaves FCFA on June 30, 2023 but before SLO LAFCO’s decision on OCSD’s requested divestiture application.
The underlying agreement was prepared in collaboration between the City Attorneys of Grover Beach and Arroyo Grande and was transmitted to OCSD and OCSD’s legal counsel for their review.
The attached redline is presented for review and discussion by Council. cc: Assistant City Manager/Public Works Director
Five Cities Fire Chief
City Clerk
City Website and Public Review Binder
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1 AGREEMENT TO PROVIDE FIRE SERVICES
BETWEEN THE FIVE CITIES FIRE AUTHORITY AND
OCEANO COMMUNITY SERVICES DISTRICT
THIS AGREEMENT is made and entered into this ____ day of June 2023, (“Effective Date”) by and between the Five Cities Fire Authority ("FCFA"), a California Joint Powers Authority as authorized under Government Code Sections 6500 et. seq., and Oceano Community Services District ("Oceano"), a County of San Luis Obispo Community Services District (collectively referred to as "the Parties").
RECITALS
WHEREAS, the Parties are public entities organized and operating under the laws of the State of California; and
WHEREAS, the Parties have the authority to perform fire protection activities, certain emergency medical services and other related activities for their respective agencies, including those described within Exhibit “B” (collectively, “FCFA Services”); and
WHEREAS, since June 7, 2010, Oceano has been a member agency of the Five Cities Fire Authority along with the Cities of Grover Beach and Arroyo Grande; and
WHEREAS, FCFA’s Joint Exercise of Powers Agreement was amended by the Parties to terminate Oceano’s participation as a member agency in FCFA commencing July 1, 2023; and
WHEREAS, the Parties desire for FCFA to continue supplying fire and emergency medical services to Oceano for a temporary period of time consistent with the terms and conditions of this Agreement; and
WHEREAS, it is the desire of the Parties to address, by this Agreement, all matters which are related to fire and emergency medical services to be provided to Oceano, but does not any way modify Oceano’s continuing obligations and liabilities under the Five Cities Fire Authority Joint Powers Authority Agreement, as amended, incurred prior to June 30, 2023; and
WHEREAS, Oceano remains subject to all “Wind Down Period” obligations set forth within the Five Cities Fire Authority Amended and Restated Joint Powers Authority Agreement, and specifically Section 5 of the Third Amendment to the FCFA Joint Powers Agreement incorporated herein as Exhibit “C”, Oceano’s withdrawal from the FCFA shall not absolve Oceano from any Liabilities, defined to include but not limited to pension/CalPERS, accrued fringe benefits, and other liabilities incurred arising out of Oceano’s participation in the FCFA since the time the FCFA was created
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2 on June 7, 2010 through the date of Oceano’s withdrawal from the FCFA on June 30, 2023; and
WHEREAS, this agreement is entered into pursuant to Government Code § 54981 and § 55632.
AGREEMENT
NOW, THEREFORE, the above “WHEREAS” provisions are incorporated herein with the same force and effect as any other term and condition of this Agreement and for and in consideration of the mutual advantages to be derived therefrom, and in consideration of the mutual covenants herein contained, it is agreed by and between the Parties hereto as follows:
ARTICLE I
PROVISION OF SERVICES
1.1 Scope of Services. FCFA shall provide Fire and Emergency Medical Services within the jurisdictional area of Oceano. See jurisdictional map entitled Exhibit “A” incorporated by reference herein as if set out in full. "Fire and Emergency Medical Services" shall mean those services identified in Exhibit “B”.
1.2 Fire Chief. FCFA's Fire Chief or his/her designee shall be immediately available for response and management of emergency incidents as necessary to provide incident command and coordination functions within the jurisdictional boundaries of Oceano over the term of this Agreement.
1.3 Staffing. FCFA shall provide, in its sole discretion, sufficient staffing personnel, meeting minimum federal and state-mandated training requirements for their respective classifications and responsibilities, to provide Fire Services, pursuant to this Agreement, to Oceano for the term of this Agreement. The staff shall consist of personnel assigned at the sole discretion of FCFA but at least one member of every shift shall be qualified as an Emergency Medical Technician.
ARTICLE II
PAYMENT FOR SERVICES
2.1 Compensation for Services. Oceano shall compensate FCFA for all Fire and Emergency Medical Services performed under this Agreement in a fixed amount of One Million TwoOne Hundred and ElevenFifty Thousand Dollars ($1,211,000.001,150,000.001,211,000.00). Oceano shall pay, on a quarterly basis (every three months from the effective date of this Agreement) the sum of FourTwo Hundred and ThreeEighty-Seven Thousand SixFive Hundred and Sixty-Six Dollars
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3 and Sixty-six cents Zero Cents($403,666.66287,500) for the Fire, Emergency Medical Services and any related FCFA Activities provided by FCFA. In the event the Fire, Emergency Medical Services and any related FCFA Activities are extended in accordance with Section 5.2, the compensation would be determined based upon a mutually acceptable amendment to this Agreement but will in no event be less than the amount per month of OneNinety-Five Thousand Eight Hundred Thirty-Three Thousand, Three HundredDollars and Thirty-Three cents($133,333.3395,833.33) per month. FCFA shall submit quarterly invoices to Oceano for the quarterly payment amount. Payments are to be made within thirty (30) days of FCFA mailed invoice to Oceano, and any non-payment in excess of sixty (60) days from the date of FCFA’s mailed invoice shall be considered a default under this Agreement and shall accrue an additional ten (10) percent charge as described herein.
2.2 Extra and Additional Services. Oceano shall compensate FCFA for all costs and expenses reasonably and necessarily incurred by FCFA that are outside and in addition to those Fire and Emergency Medical Services and FCFA Activities enumerated and defined within Exhibit “B”.
ARTICLE Ill
PROPERTY USED FOR FIRE SERVICES
3.1 Fire Station. FCFA will utilize the Fire Stations number 1 and 2 located respectively at 140 Traffic Way, Arroyo Grande and 701 Rockaway Ave. Grover Beach, California, as its primary locations for the provision of Fire, Emergency Medical Services and FCFA Activities contemplated by this Agreement. Oceano retains fee title to the Fire Station number 3, but hereby grants FCFA an unrestricted license for full use of the apparatus bay at Station number 3, located at 1655 Front Street, Oceano for general storage purposes in furtherance of this Agreement.
Oceano shall also make available for FCFA training and storage, the well site no. 8 property located on South 13th Street. FCFA’s use of Station number 3 and well site no. 8 shall not be subject to any rental or other cost and shall be part of the consideration paid by Oceano for Fire, Emergency Medical Services and FCFA Activities rendered by FCFA to Oceano. Oceano agrees to maintain the Fire Stations numbers 1 and 2, andStation number 3 and well site no. 8, in a safe, habitable, and serviceable condition at all times.
(a) Nothing herein shall in any way limit Oceano's right to grant concurrent use of the Fire Station to any other party, that does not unreasonably interfere with FCFA’s use of the apparatus bay for storage. FCFA shall not unreasonably interfere with the use of the Fire Station for any other purposes by Oceano.
(b) If Oceano grants rights to a third party for concurrent use of the Fire Station, Oceano shall take all reasonable steps to ensure that the third party does not interfere with the use of the Fire Station for FCFA storage
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4 purposes and shall provide FCFA at least ten (10) days advanced notice of the use granted to a third party.
3.2 Maintenance and Replacement. FCFA, consistent with the Amended and Restated Joint Exercise of Powers Agreement, dated ______, 2023, shall bear all costs to maintain, repair and replace all facilities, vehicles, equipment and apparatus owned by FCFA and designated for use in the Fire, Emergency Medical Services and FCFA Activities.
ARTICLE IV
RELATIONS OF PARTIES
4.1 Special Relationship. The Parties will agree this Agreement does not create a “special relationship” as the term is defined by Federal or California law, between Oceano or any other agency, or between the Parties’ officials, officers, employees, or successors or with any third party as a result of this Agreement.
Further, notwithstanding Oceano’s prior participation in the Five Cities Fire Authority Joint Exercise of Powers Agreement as a member agency, Oceano has terminated their participation in the JPA and is no longer a member agency. Oceano does not participate nor is a member of FCFA and retains no rights or title in the FCFA Joint Powers Authority after June 30, 2023. Notwithstanding the foregoing, nothing within this Agreement absolves Oceano from obligations and/or CalPERS pension liabilities incurred and owed to FCFA, under the Five Cities Fire Authority Joint Exercise of Powers Agreement, over the time period Oceano was a member agency.
ARTICLE V
TERM OF AGREEMENT
5.1 Term. The term of this Agreement shall be from July 1, 2023, through March 31June 30, 2024 (‘’Initial term”).
5.2 Renewal or Extension of Agreement. The Term of this Agreement may be extended upon mutual agreement of both Parties. Upon written notice of either Party sixty (60) days prior to the termination of the Initial Term of this Agreement, the Parties shall meet and confer for a period up to forty-five (45) days regarding extending the term of the Agreement and the terms and conditions of the extension if the contemplated extension would be longer than six (6) months. If agreement cannot be reached, then the Agreement shall terminate with no further obligations of either Party at the end of the Agreement’s initial term. If the Agreement is extended by the Parties, notwithstanding any other provisions of this Agreement, the term for the extension will be on a month-to-month basis commencing upon the end of the Initial Term. If the Agreement is extended no more than six (6) additional months, the Parties agree that the terms and conditions of this original Agreement,
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5 including the monthly price term, will remain in force for that extended period.
5.3 Termination. Notwithstanding Section 5.1 or Section 5.2 of this Agreement, either Party may terminate this Agreement by providing thirty (30) days’ written notification to the other party, and the term of this Agreement or any extension thereof shall be shortened accordingly. Upon termination of this Agreement, FCFA will deliver to Oceano the unencumbered possession of Station number 3 described in Article III herein, reasonable wear and tear excepted. On the termination date, Oceano shall be obligated to pay the proportionate compensation owed to FCFA for all Fire, Emergency Medical Services and FCFA Activities, incurred up to the termination date consistent with the terms of this Agreement.
5.3 Termination. During the initial term, if either Party seeks to terminate this Agreement, the notice to terminate shall be in writing and shall be at least one hundred twenty (120) days before the planned termination date. If Oceano is not current on all payments owed and is in default under this Agreement FCFA may terminate this Agreement immediately. If during the initial term, LAFCO makes a final determination as to Oceano's application for divestiture of fire services, and the decision of LAFCO would by operation of law or by lawful conditions imposed by LAFCO as part of their decision, preclude Oceano from participating as a Party to this Agreement or restrict their ability to enforce this Agreement, this Agreement shall terminate. Nothing within this section shall absolve Oceano of the obligation to pay for any and all FCFA services rendered under this Agreement prior to termination resulting from LAFCO'S decision causing termination or a Party initiated termination.
ARTICLE VI
INDEMNIFICATION AND INSURANCE
6.1 Mutual Indemnification.
(a) Each PartyTo the fullest extent permitted by law, each Party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other party, to the extent allowed by law and in proportion to fault, against any and all thirdparty liability for claims, demands, fines, penalties, expenses, losses, causes of action, costs or judgmentsꞏ(direct, indirect, incidental or consequential damages) involving bodily injury, personal injury, death, property damage or other costs and expenses (including reasonable attorneys' fees, court costs and expenses) arising or resulting from: 1) the acts or omissions of itsthe Indemnifying Party’s own officers, agents, employees or representatives carried out pursuant to the obligations of this Agreement; (b) any negligent, reckless or intentionally wrongful act or omission to act by the Indemnifying Party; and (c) violations of law by the Indemnifying Party.
(b) Each Party shall protect, defend, indemnify and hold harmless the other party (including their officials, employees and agents as the same may be constituted now and from time to time hereafter) from and against any and all
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6 liabilities, losses, damages, expenses or costs, whatsoever (including reasonable attorneys' fees, costs and expenses), which may arise against or be incurred by the other Party as a result of or in connection with any actual or alleged breach of this Agreement by either Party.
(b) (c) Notwithstanding the foregoing Sections 6.l (a) and (b), Oceano shall remain liable for its own real and personal property damage (including, without limitation, autos, equipment, and apparatus), since it is retaining ownership of, insurable interests therein, and insurance on its real and personal property. (c) (d) Except for any duties either Party owes to the other pursuant to the provisions of this Agreement, nothing in this Agreement shall be construed to waive any legal protections or immunities available to the Parties under state or federal law.
(d) (e) Accordingly, the Parties hereby expressly agree to waive the pro rata risk allocation contained in California Government Code Section 895.6.
6.2 Mutual Indemnification Obligations Survive Termination. As to activitiesꞏ occurring or being carried out in performance of this Agreement and during the term of this Agreement, the obligations created by Section 6.1 shall survive termination of this Agreement.
6.3 Immunity Preservation. Nothing in this Agreement shall be read as waiving or limiting any defense to claims of liability otherwise available to fire personnel, and/or public employees, such as the defense of qualified immunity. Nothing in this Agreement shall be read as intending to create or creating a higher duty of care on the part of either Oceano or FCFA, or their officers, than would otherwise exist under existing law and the involved Party's own policies, practices, and procedures.
6.4 Public Liability and Property Insurance.
(a) Each Party shall maintain in effect, at its own cost and expense, the following insurance coverage provided either through a bona fide program of self-insurance, commercial insurance policies, or any combination thereof:
i. Commercial general liability or public liability with minimum limits of $1,000,000.00 per occurrence.
ii. Auto liability including owned, leased, non-owned,
and hired automobiles, with a combined single limit of not less than $1,000,000.00 per occurrence.
iii. If a Party employs others in the performance of this Agreement, that Party shall maintain Workers' Compensation in accordance with California Labor Code section 3700 with a minimum of $1,000,000 per occurrence for employer's liability, for
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7 the duration of time that such workers are employed.
(b) All insurance required by this Agreement shall:
i. Be placed (1) with companies admitted to transact
insurance business in the State of California and with a current A.M. Best rating of no less than A:VI or with carriers with a current A.M. Best rating of no less than A:VII; or (2) disclosed self- insurance with limits acceptable to the other Party. ii. Provide that each Party's insurance is primary and
non-contributing insurance to any insurance or self-insurance maintained by the other Party and that the insurance of the other Party shall not be called upon to contribute to a loss covered by a Party's insurance.
(c) Each Party shall file certificates of insurance with the other Party evidencing that the required insurance is in effect within thirty (30) days after the effective date of this Agreement.
6.5 Workers Compensation.
(a) FCFA shall provide Oceano an endorsement that its Workers Compensation insurer waives the right of subrogation against Oceano, its officers, officials, employees, and volunteers for all claims on or after the effective start date of this Agreement during the tenure of said Agreement.
ARTICLE VII
MISCELLANEOUS
7.1 Amendments to Agreement. No part of this Agreement shall be altered or amended except by written amendment and mutual consent of both Parties.
7.2 Assignment. The rights and obligations of the Parties under this Agreement are not assignable and shall not be delegated without the prior written approval of the other Party.
7.3 Dispute Resolution. The Parties recognize that this Agreement cannot represent a complete expression of all issues which may arise during the performance of the Agreement. Accordingly, FCFA and Oceano agree to meet and confer in good faith over any issue not expressly described herein.
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8 (a) It is the Parties' intention to avoid the cost of litigation and to resolve any issues that may arise amicably if possible. To that end, the Parties agree through the City Managers of Arroyo Grande and Grover Beach and the Oceano General Manager to meet within ten (10) business days of a request made by the other party in writing to discuss any issues and attempt to resolve the dispute. If the dispute is not resolved after that meeting, the Parties agree to nonbindingparticipate in a mediation to resolve the dispute within 30 calendar days of the meeting or as soon thereafter as possible. The mediator will be chosen by mutual agreement of the Parties. The costs of mediation will be borne by the Parties equally. Any agreement reached during the mediation will be binding on the Parties during the remaining term of the Agreement. No party may initiate litigation prior to the conclusion of mediation. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and reasonable attorney fees in an amount not to exceed ten thousand dollars ($10,000.00).
7.4 Exhibits. The following Exhibits are attached hereto and incorporated as if fully set forth herein:
Exhibit “A”: Oceano Jurisdiction Map
Exhibit “B”: Scope of Fire and Emergency Medical Services Exhibit “C”: Third Amended Joint Powers Agreement of the FCFA
7.5 Notices. All notices required or permitted hereunder shall be deemed sufficiently given if delivered by hand, electronic mail, or by United States mail, postage prepaid, addressed to the Parties at the addresses set forth below or to such other address as may, from time to time, be designated in writing.
To Oceano:
General Manager
1655 Front St.
Oceano, CA. 93445
To FCFA:
Fire Chief
140 Traffic Way
Arroyo Grande, CA 93420
7.6 Governing Law. Agreement shall be governed by the laws of the state of California with venue being the Superior Court of the County of San Luis Obispo.
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9 7.7 Third Party Beneficiary. The Agreement is only for the benefit of the Parties to the Agreement and shall not be construed or deemed to operate as an agreement for the benefit of any third party or parties and no third parties shall have any right of action or obtain any right of benefits or position of any kind for any reason whatsoever.
7.8 Default and Delinquency. If Oceano defaults in its obligation to pay or advance any amounts due pursuant to this Agreement after such amounts have become delinquent, Oceano shall be liable to the FCFA for interest on any unpaid amount at the rate of 10%, or the maximum rate allowed by law if it is less than 10%, until the overdue invoice amount is paid in full.
7.9 Waiver. The waiver at any time by any Party of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.
7.10 Remedies Not Exclusive. The remedies provided in this Agreement are cumulative and not exclusive, and are in addition to any other remedies that may be provided by law or equity. The exercise by any Party of any remedy under this Agreement shall be without prejudice to the enforcement of any other remedy.
7.11 Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
7.12 Counterparts. This Agreement may be executed by the Member Agencies in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, the Parties execute this agreement hereto on the day and the year first written above.
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10 FIRE CITIES FIRE AUTHORITY
By
Authority Chair
Dated
ATTEST:
By
Authority Clerk
APPROVED AS TO FORM:
Authority Attorney
OCEANO COMMUNITY SERVICES DISTRICT
By
President
Dated
ATTEST:
By
District Clerk
APPROVED AS TO FORM:
District Counsel
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11 EXHIBIT “A”
OCEANO JURISDICTION MAP
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12
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13 EXHIBIT “B”
SCOPE OF SERVICE
Scope of Services
FCFA shall provide the following services while this Agreement is in effect:
1. Administration. Provide administrative responsibility and support for all fire, emergency and non-emergency services in the Oceano Community Services District (“Oceano”).
Administration of fire services shall include the following:
a. Adequate supervision and staffing,
b. Program planning;
c. Delivery and documentation of all federal and state-mandated firefighter training;
d. Coordination of procurement of all operational supplies, services, and equipment;
e. Representation at Oceano Board meetings as deemed necessary by the Oceano General Manager and agreed to by the FCFA Fire Chief; f. Transparency with Oceano in management decisions affecting fire service delivery.
2. Incident Response. Delivery of all fire protection and emergency services within the jurisdictional limits of Oceano Community Services District, including responding to calls for fire suppression, emergency medical response (Basic Life Support services), rescue services, hazardous materials, and all other emergency and non-emergency calls for service as received and dispatched to the FCFA. A Chief Officer, or acting Chief Fire Officer, shall respond to all major incidents as determined by the Fire Chief.
3. Fire Safety Inspections/Enforcement. Enforce code provisions related to fire services, including but not limited to weed abatement and fireworks, and hazardous material releases. Review of all development and building plans to ensure compliance with applicable fire and life safety codes and regulations, as well as inspection of fire protection and fire alarm systems for compliance with applicable codes and standards.
To the maximum extent feasible, inspection shall be performed during standard duty hours.
4. Investigations. Investigate all fires to establish origin and cause and coordinate with the Oceano Community Services District on criminal investigations and prosecutions resulting therefrom. Provide fire investigation reports.
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14 5. Training. Maintain a continuous training program that corresponds to federal, state and local mandates, as well as evolving industry best practices and developments in emerging fire suppression and fire prevention techniques. 6, Emergency Management. FCFA, through its Fire Chief, or his/her designee, shall be responsible for the coordination and communication with the County of San Luis Obispo Office of Emergency Services . Pursuant to existing agreements, FCFA will coordinate with other agencies regarding mutual aid services to Oceano Community Services District. FCFA will also respond to requests for mutual aid or assistance-by-hire by other agencies pursuant to the California Statewide Mutual Aid Agreement or the California Fire Assistance Agreement.
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15 EXHIBIT “C”
THIRD AMENDED JOINT POWERS AGREEMENT OF THE FCFA
Summary report:
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Item 12.a.
MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Bill Robeson, Assistant City Manager/Public Works Director BY: Nicole Valentine, Administrative Services Director
SUBJECT: Review Preliminary FY 2023-25 Biennial Operating Budget DATE: May 23, 2023
SUMMARY OF ACTION:
Review the preliminary budget, receive a presentation from staff, and provide feedback to staff in preparation for the public hearing scheduled for June 13, 2023, to consider the Fiscal Years (FY) 2023-25 Biennial Budget.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The proposed FY 2023-25 Biennial Budget recommends approximately $43.6 million in FY 2023-24 expenditures and $44.9 million in FY 2024-25 expenditures, including operating costs such as salaries, benefits, services, supplies, maintenance, debt service, and capital related items.
The proposed FY 2023-25 Biennial Budget General Fund budget utilizes excess fund balance reserves to pay for a combination of one-time and ongoing expenditures that will exceed expected revenues in order to address several goals. However, as presented, fund balance reserves are expected to remain at 36.1%, well above the adopted 20% goal.
RECOMMENDATION:
Review the preliminary budget and provide feedback to staff in preparation for the public hearing scheduled for June 13, 2023, to consider the Fiscal Years (FY) 2023-25 Biennial Budget.
BACKGROUND:
Every two years, staff and Council prepare a Biennial Budget document, which commits government resources and services to accomplish the City’s mission of making Arroyo Grande the best place possible for everyone who lives, works, and visits here. Work is
Item 12.a.
City Council
Review Preliminary FY 2023-25 Biennial Operating Budget May 23, 2023
now underway to develop the upcoming biennial budget for Fiscal Years 2023-25. The anticipated 5-step process and timeline for this budget cycle is depicted below:
On January 3, 2023, an Arroyo Grande Community Priorities Survey was published. This 5-question online survey was posted on the City website and promoted on social media channels. The survey was open for one month and closed on February 20th. The survey allowed community members to provide input regarding their thoughts on what the top priorities should be for the City over the next 2-3 years. The survey included a combination of multiple choice and short response questions. A summary of the responses is included in Attachment 2 from the March 2, Special Council Meeting Staff Report.
At the March 2, Special Council Meeting, Council established four (4) major City goals for staff to prioritize for the upcoming biennial budget cycle. The goals were established considering the results of the community survey and input from the public and staff. This set of priorities has been used by staff to create work plans and a proposed biennial budget. Draft Work Plans to achieve the four major City goals are provided in Attachment 3 and will be incorporated into the FY 2023-25 Biennial Budget presented during the budget hearing currently planned for June 13, 2023.
Item 12.a.
City Council
Review Preliminary FY 2023-25 Biennial Operating Budget May 23, 2023
The four major goals are:
On March 14, 2023, Council received an update on the General Fund Five-Year Financial forecast. The City of Arroyo Grande’s Forecast is a long-range fiscal planning tool that has served as the framework for the development of the FY 2023-24 and FY 2024-25 General Fund Biennial Budget. On May 9, 2023, Council provided direction on the 5-year Capital Improvement Program (CIP) budget and the 5-Year Local Sales Tax Fund Expenditures Program. The prioritization and direction provided by the City Council at these previous meetings have been incorporated into the FY 2023-25 Biennial Budget.
The FY 2023-24 Biennial Budget was also developed with input from all City departments in a collaborative effort to provide staff’s best professional judgment regarding current and future needs of the City.
This report addresses expenditure budget recommendations for all City departments and all operating funds. As presented, the budget will provide funding for all City services performed during the next two fiscal years. Each fund summary is provided as Attachment
1.
Item 12.a.
City Council
Review Preliminary FY 2023-25 Biennial Operating Budget May 23, 2023
ANALYSIS OF ISSUES:
General Fund Overview
On April 11, 2023, the City Council reviewed the Annual Comprehensive Financial Report summarizing the Fund Balance at the end of FY 2021-22. The General Fund Balance can be reviewed in the following table:
Table 1 – Beginning and Ending Balances as of 06/30/2022 Though General Fund expenditures are expected to outpace revenues in FY 2022-23 by $1.6 million, as shown in Table 2, the year will end with a healthy projected fund balance of $9.2 million (see “2022-23 Projected Budget” column). This equates to 38.6% of appropriations, which is higher than the City Council minimum fund balance goal of 20%.
This projected fund balance is the beginning fund balance for FY 2023-24 and will continue to carry forward into FY 2024-25. With this FY 2023-25 Biennial Budget, as proposed, expenditures will out-pace revenues. Even with the proposed expenditures, FY 2024-25 is projected to end with a fund balance of $8.1 million, which represents 35.4% of total operating expenditures in the General Fund. This will be $3.5 million above the reserve policy guideline of 20%.
General Fund
Local Sales
Tax Fund OPEB Total
Beginning Fund Balance 7/1/21 $ 7,972,786 $ 4,761,493 $ 914,777 $ 13,649,056 Revenues 21,737,010 2,840,595 96,853 24,674,458
Expenditures (18,886,604) (1,634,948) - (20,521,552)
Net Change in Fund Balance $ 2,850,406 $ 1,205,647 $ 96,853 $ 4,152,906 Fund Balance:
Nonspendable $ 37,020 $ - $ - $ 37,020
Assigned for capital projects - 3,522,243 - 3,522,243
Assigned for post employment benefits - - 1,011,630 1,011,630 Unassigned 10,786,172 2,444,897 - 13,231,069
Ending Fund Balance, 6/30/22 $ 10,823,192 $ 5,967,140 $1,011,630 $ 17,801,962