Arroyo Grande City Council
June 13, 2023

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, June 13, 2023, 5:00 p.m.

In person at:

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

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

1. 5:00 PM CALL TO ORDER

2. ROLL CALL

3. CLOSED SESSION ITEMS
CONFERENCE WITH LABOR NEGOTIATORS PER GOVERNMENT CODE SECTION 54957.6 Meet with City-designated negotiators described below. Negotiation will include salary, compensation and benefits:

1. Employee Organization: Arroyo Grande Police Officers’ Association City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services a.

2. Employee Organization: Service Employees International Union, Local 620 City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services a.

3. Unrepresented Management Employees
a. City-designated negotiators: Che Johnson, Special Labor Counsel

4. City Manager
a. City-designated negotiators: Che Johnson, Special Labor Counsel

4. PUBLIC COMMENT REGARDING CLOSED SESSION ITEMS

5. ADJOURN TO CLOSED SESSION

6. 6:00 PM RECONVENE TO OPEN SESSION

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

5. AGENDA REVIEW

5.a Closed Session Announcements

CONFERENCE WITH LABOR NEGOTIATORS PER GOVERNMENT CODE SECTION 54957.6
Meet with City-designated negotiators described below. Negotiation will include salary, compensation and benefits:

1. Employee Organization: Arroyo Grande Police Officers' Association City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services
a.

2. Employee Organization: Service Employees International Union, Local 620 City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services
a.

3. Unrepresented Management Employees
City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Human Resources a.

4. City Manager
a. City-designated negotiators: Che Johnson, Special Labor Counsel

5.b Ordinances read in title only
None.

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Declaring June 19, 2023 as "Juneteenth Day"

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

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

7. CITY COUNCIL REPORTS
None.

Reports are made during the Second Council Meeting each month.

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

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

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

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

9.a Consideration of Cash Disbursement Ratification
(VALENTINE)
Recommended Action:
1) Ratify the attached listing of cash disbursements for the period of May 1 through May 15, 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 Consideration of Statement of Investment Deposits

(VALENTINE)
Recommended Action:
1) Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of April 30, 2023, as required by Government Code Section 53646(b); 2) Determine that receiving the report of investment deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

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

Approve the minutes of the Special Closed Session Meeting of May 25, 2023, and Regular City Council Meeting of May 23, 2023, as submitted.

9.d Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
(McDONALD)
Recommended Action:
1) Adopt a Resolution declaring a continued local emergency related to the ongoing impacts associated with the 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.e Consideration of Authorizing the Display of the Juneteenth Flag During the week of June 16-23, 2023, at City Hall
(McDONALD)
Recommended Action:

Authorize the display of the Juneteenth Flag for the week beginning on June 16 through June 23, 2023, at City Hall.

9.f Releasing Via Quitclaim the County’s Interest in City’s 400 W. Branch Real Property (McDONALD/ROSEN)
Recommended Action:
1) Authorize approval of the attached Agreement with the County in substantially final form, subject to minor changes approved by the City Manager in consultation with the City Attorney as necessary to effectuate the intent of the parties, and the recordation of the subject quitclaim deed with the County Registrar. 2) Make findings that approval of the Agreement with the County 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 Consideration to Authorize a Request for Proposals (RFP) to Conduct a Voter Opinion

Survey and Public Education Services for a Potential Future Ballot Measure (McDONALD/MATSON)
Recommended Action:

Authorize the City Manager to publish a Request for Proposals (RFP) for Voter Opinion Survey and Public Education services for an amount not to exceed $115,000.

9.h Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
(ROBESON)
Recommended Action:
1) Approve the Engineer’s Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-2024; 2) Adopt Resolutions declaring the intention to levy and collect assessments for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-2024; 3) Set a public hearing for June 27, 2023 at 6:00 p.m. for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, to consider levying the property assessments; and 4) Make findings that the consideration of Engineer's Reports and Resolutions declaring the City's intention to levy and collect assessments is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.)

9.i Consideration of an Award of Contracts for Construction of the 2022 Street Repairs Project (PW 2022-05) and the 2022 Slurry Seal Project (PW-2022-06) (ROBESON)
Recommended Action:
1) Award a contract for the 2022 Street Repairs Project to JJ Fisher Construction in the amount of $3,782,005 for both the base bid and additive bid; 2) Authorize the City Manager to approve change orders of 10% of the contract amount, $378,200.50, for unanticipated costs during the construction phase of the 2022 Street Repairs Project; 3) Award a contract for the 2022 Slurry Seal Project to American Asphalt South in the amount of $1,737,575.49; 4) Authorize the City Manager to approve change orders of 10% of the contract amount, $173,757.55, for unanticipated costs during the construction phase of the 2022 Slurry Seal Project.

9.j Consideration to Approve Construction Plan & Specifications and Environmental Exemption for the 2022 Concrete Repairs Project, PW 2022-07
Recommended Action:
1) Approve the construction plans & specifications for the 2022 Concrete Repairs Project, PW 2022-07; 2) Authorize staff to advertise for construction bids; 3) Find that the plans & specifications for the Concrete Repairs Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c), a Class 1

exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use; and 4) Direct the City Clerk to file a Notice of Exemption.

9.k Consideration of Resolution Approving Temporary Use Permit 23-005; Authorization for Sale of Beer and Wine at the 2023 Heritage Square Park Summer Concert Series and Application Fee Waiver; Location Heritage Square Park; Applicant – Arroyo Grande Rotary (PEDROTTI)
Recommended Action:

Adopt a Resolution approving Temporary Use Permit No. 23-005 to allow the sale of beer and wine at the 2023 Heritage Square Park Summer Concert Series and approving the request for an application fee waiver.

9.l Consider an Agreement between the County of San Luis Obispo and the City for Joint Participation in the CDBG Program, Home Investment Partnerships Program, and Emergency Solutions Grant Program for FY 2024-25 through FY 2026-27 (PEDROTTI)
Recommended Action:
1) Adopt a Resolution approving the Agreement between the County of San Luis Obispo and the City of Arroyo Grande for joint participation in the Community Development Block Grant Program, the Home Investment Partnerships Program, and the Emergency Solutions Grant Program for Fiscal Years 2024-25 through 2026-27. 2) Make findings that the execution of the Agreement is not a project for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.m Consideration of Approval of an Agreement for Consultant Services with KTUA for the Active Transportation Plan
(PEDROTTI)
Recommended Action:
1) Approve and authorize the Mayor to execute an Agreement for Consultant Services with KTUA to assist the City with the Active Transportation Plan in substantially final form (subject to minor revisions as approved by the City Council consistent with Council direction); 2) Determine that approving the Agreement is not a project subject to the California Environmental Quality Act (“CEQA”) because preparation of the Plan 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). Additionally, the City and consultant will evaluate potential impacts of the Active Transportation Plan in compliance with the California Environmental Quality Act, and prepare any appropriate environmental document at that time, if required.

10. PUBLIC HEARINGS

10.a Public Hearing to Consider the FY 2023-25 Biennial Budget and 5-Year Capital Improvement Program Budget
(VALENTINE)
Recommended Action:

Conduct a Public Hearing to receive public comment regarding the FY 2023-25 Proposed

Budget and FY 2023-28 Capital Improvement Program and provide direction to staff to finalize the two-year budget for adoption on June 27, 2023.

11. OLD BUSINESS

11.a Consideration of Approval of Amended and Restated Joint Exercise of Powers Agreement for FCFA; Appointment of Representatives to the Board of Directors; Agreements Between FCFA and OCSD Regarding Short-Term Fire and Emergency Services and Ongoing CalPERS
(McDONALD/VALENTINE)
Recommended Action:
1) Approve the Amended and Restated Joint Exercise of Powers Agreement for the FCFA (with direction to transmit the approved Joint Exercise of Powers Agreement consistent with State law) with a formal execution date of June 22, 2023; 2) Appoint two members of the City Council to the FCFA Board of Directors; 3) Consider the two proposed agreements between the FCFA and the OCSD regarding short-term fire and emergency response services and ongoing post-employment liabilities of the OCSD to the FCFA, which will be proposed for approval by the FCFA Board of Directors; and 4) Review and provide direction to the City’s representatives on the FCFA Board of Directors regarding the draft FCFA FY 2023-24 Budget.

12. NEW BUSINESS
None.

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

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

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

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

HONORARY PROCLAMATION
RECOGNIZING JUNE 19, 2023 AS
"JUNETEENTH DAY" IN ARROYO GRANDE
WHEREAS, since 1865, the American celebration known as Juneteenth has historically been observed as the end of the Institution of Slavery in our great nation; and WHEREAS, Juneteenth embodies the indomitable human spirit of the past, the present, and all time; and
WHEREAS, the celebration of Juneteenth gives us all the opportunity to rededicate ourselves to the true American spirit and to strive for a more perfect Union; and WHEREAS, we are citizens who wish to secure the blessings of freedom, justice, and equality for all in this great country of ours; and
WHEREAS, the collaboration of community-based organizations, faith-based organizations, local businesses, and local government demonstrates a shared commitment to being part of the solution and acknowledging the importance of strength through unity.

NOW, THEREFORE, BE IT RESOLVED, that I, Caren Ray Russom, Mayor of the City of Arroyo Grande hereby recognizes June 19, 2023, as "Juneteenth Day" in the City of Arroyo Grande and urge all to join in recognizing the improtance of this day.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this 13th day of June 2023.

CAREN RAY RUSSOM, MAYOR
Item 6.a.

MEMORANDUM
TO: CITY COUNCIL
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Supplemental Information
Agenda Item 8 – June 13, 2023 City Council Meeting
Community Comments and Suggestions
DATE: June 13, 2023
Attached is correspondence received before 4 PM for the above referenced item. cc: City Manager
Assistant City Manager/Public Works Director
City Attorney
City Clerk
City Website (or public review binder)

From: Linda Drummy
To: public comment
Subject: Ban fireworks City Wide
Date: Monday, June 12, 2023 3:12:49 PM
> Year after year, we all hear stories and see what happens with all the fireworks that people shoot off in our community and around the country. As we come up to another, Fourth of July… Fireworks typically go on for weeks. I feel that the City Of Arroyo Grande needs to put a halt on ALL fireworks and their sales. >
> The noise, smoke and debris left behind, puts many people, their pets and wildlife at risk! > There is no benefit to fireworks… except for a cheap thrill for some homeowners, and those that enjoy disrupting peoples lives with their cherry bombs thrown on or near peoples homes… Oak Park and Grand Avenue to name a few. These go on for weeks.
>
> People should be able to watch and enjoy the Pismo Beach fireworks or other shows put on by cities. Some cities ban fireworks outright, and there are huge fines if you do shoot them off. Arroyo Grande has never made a citywide ban… Which they should!
>
> Our recent storms have caused increases in grass and weed growth. And now they’re all dry and brown and are fire hazards .
>
> If Arroyo Grande continues to allow fireworks, then they should only allow them at one or two controlled locations. With all the churches we have in Arroyo Grande… most have large parking lots where a carnival like atmosphere can be had during the day… a flat rate per person or family can be charged and hotdogs hamburgers, other food and beverages can be sold,. Games can also be played by children. That’s the excitement of celebrating our country’s Independence Day. And safe and sane fireworks can be distributed there to families and their children. These also must be used up prior to them departing the event. >
> Displaced, injured or deceased pets and wildlife, dramatically increases when fireworks go off. The rationale that certain clubs need to raise money, somehow… is ridiculous. Raise money by bake sales, crafts sale, rummage sales or something else. Not something that is destructive that affects or injures people, pets and wildlife! They also causes fires also results in property damage, injuries, deaths, etc. etc. And the ability to have access to these fireworks needs to be completely stopped. There’s no reason at all that we can’t just celebrate our country’s Independence Day by having a good old fashion family gathering with a barbecue and games. >
> It is a fact that between July 4 and 6, our country sees an increase in lost pets by 40 to 60%! If only the council members would have a missing pet or a pet that was injured, or killed because of these… Maybe, just maybe… They might think twice about allowing fireworks in Arroyo Grande. >
> There are also people throwing senseless, noisy and destructive cherry bombs, etc. they should receive mandatory jail time.
>
> I know I’m not alone, but most people won’t speak up on the subject because they don’t want to be blasted by those that disagree.
>
> Do the only thing that makes sense to keep our neighborhoods safe! Stop fireworks in Arroyo Grande. >
> Thank you!
>
> Linda Drummy
> Arroyo Grande resident
>
>
>

Item 9.a.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Cash Disbursement Ratification DATE: June 13, 2023
SUMMARY OF ACTION:

Review and ratify cash disbursements.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $3,553,317.19 fiscal impact that includes the following items:
 Accounts Payable Checks $3,144,920.29
 Payroll & Benefit Checks $408,396.90
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of May 1 through May 15, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND:

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

ANALYSIS OF ISSUES:

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

Item 9.a.

City Council
Consideration of Cash Disbursement Ratification
June 13, 2023

ALTERNATIVES:

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

1. Approve staff’s recommendation;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

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

DISADVANTAGES:

There are no disadvantages identified in this recommendation.

ENVIRONMENTAL REVIEW:

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

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

Attachments:

1. May 1 – May 15, 2023 – Accounts Payable Check Register

2. May 5, 2023 – Payroll and Benefit Check Registers

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name1 05/02/2023 297343 $ 1,578.65 SALES TAX ALLOCATION MAILER 218.4101.5208 US POSTMASTER2 05/05/2023 297344 37.00 03/23 CODE ENFORCEMENT SERVICES 010.4101.5303 ADAMSKI MOROSKI MADDEN3 05/05/2023 297344 536.50 02/23 CODE ENFORCEMENT SERVICES 010.4101.5303 ADAMSKI MOROSKI MADDEN4 05/05/2023 297344 111.00 01/23 CODE ENFORCEMENT SERVICES 010.4101.5303 ADAMSKI MOROSKI MADDEN5 05/05/2023 297345 5,370.11 PURCHASE WATER METERS 640.4712.5207 AQUA-METRIC SALES CO(DBA)6 05/05/2023 297346 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES7 05/05/2023 297346 7.01 BLDG MAINT UNIFORMS 010.4213.5143 ARAMARK UNIFORM SERVICES8 05/05/2023 297346 28.50 CORP YARD MATS 010.4213.5303 ARAMARK UNIFORM SERVICES9 05/05/2023 297346 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES10 05/05/2023 297346 3.51 AUTO SHOP UNIFORMS 010.4305.5143 ARAMARK UNIFORM SERVICES11 05/05/2023 297346 10.45 AUTO SHOP TOWELS 010.4305.5303 ARAMARK UNIFORM SERVICES12 05/05/2023 297346 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES13 05/05/2023 297346 15.91 PARKS DEPT UNIFORMS 010.4420.5143 ARAMARK UNIFORM SERVICES14 05/05/2023 297346 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES15 05/05/2023 297346 7.00 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 ARAMARK UNIFORM SERVICES16 05/05/2023 297346 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES17 05/05/2023 297346 14.00 STREETS DEPT UNIFORMS 220.4303.5143 ARAMARK UNIFORM SERVICES18 05/05/2023 297346 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES19 05/05/2023 297346 7.50 SEWER DEPT UNIFORMS 612.4610.5143 ARAMARK UNIFORM SERVICES20 05/05/2023 297346 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES21 05/05/2023 297346 24.44 WATER DEPT UNIFORMS 640.4712.5143 ARAMARK UNIFORM SERVICES22 05/05/2023 297347 9.80 PARKS DEPT MATS/MOPHEADS 010.4213.5303 ARAMARK UNIFORM SERVICES23 05/05/2023 297348 21.51 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T24 05/05/2023 297348 21.51 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T25 05/05/2023 297349 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 LYNN AUSTIN26 05/05/2023 297350 175.00 D.O. INSPECTION-PW FUEL ISLAND 010.4305.5303 B & T SVC STN CONTRACTORS, INC27 05/05/2023 297351 1,348.00 04/23 DOGGIE CLASSES 010.4424.5351 IRINA BEATTY28 05/05/2023 297352 57.09 BUSINESS CARDS 010.4420.5255 BOONE PRINTING & GRAPHICS INC29 05/05/2023 297353 144.00 PEST CONTROL: FCFA 010.4213.5303 BREZDEN PEST CONTROL, INC 30 05/05/2023 297354 91.53 SPRAY PAINT, PRIMER, TAPE MEASURE 010.4213.5604 BRISCO MILL & LUMBER YARD 31 05/05/2023 297354 12.92 DUST MASK 640.4712.5255 BRISCO MILL & LUMBER YARD32 05/05/2023 297354 14.00 BROOM 640.4712.5273 BRISCO MILL & LUMBER YARD33 05/05/2023 297354 108.97 C-TRAIN REPAIR 640.4712.5604 BRISCO MILL & LUMBER YARD34 05/05/2023 297354 41.89 METER BOX ID MATERIALS 640.4712.5610 BRISCO MILL & LUMBER YARD35 05/05/2023 297355 65.17 PW17 V BELT, TIEDOWNS 010.4420.5601 CARQUEST AUTO PARTS36 05/05/2023 297356 200.00 BOOTS-COMMUNITY DEVELOPMENT 010.4301.5255 CARR'S BOOTS & WESTERN37 05/05/2023 297357 168.80 04/23 CLOGGING 010.4424.5351 KATHLEEN J CINOWALT38 05/05/2023 297358 4,768.00 04/23 IT SUPPORT 010.4140.5303 CIO SOLUTIONS LP

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name39 05/05/2023 297358 $ 1,500.00 04/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP40 05/05/2023 297358 10,683.75 03/23 STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP41 05/05/2023 297358 3,241.88 03/23 MIGRATION TO M365 SUPPORT 010.4140.5303 CIO SOLUTIONS LP42 05/05/2023 297358 9,858.24 04/23 MICROSOFT 365 G3 GCC 010.4140.5607 CIO SOLUTIONS LP43 05/05/2023 297359 15.00 REFUND PICKLEBALL CLASS 010.0000.4605 MARICELA CRITES44 05/05/2023 297360 515.20 04/23 SENIOR FITNESS 010.4424.5351 GAYLE CUDDY45 05/05/2023 297361 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CINDY DEMATA46 05/05/2023 297362 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KEIGH DICKERSON47 05/05/2023 297363 224.00 04/23 ROLLER SKATE CLASSES WIN 010.4424.5351 DOOMSDAY SKATE LLC 48 05/05/2023 297364 50.00 PARK DEPOSIT REFUND-HERITAGE S 010.0000.2206 JENNINE DUNNE49 05/05/2023 297365 2,177.00 PORTABLE GENERATOR RENTAL (FCFA) 350.5473.7001 ELECTRICRAFT INC50 05/05/2023 297366 6.55 FEDEX CHRGS 010.4145.5208 FEDEX51 05/05/2023 297367 1,239.00 04/23 BRIDGE BASICS GAMES & CLASSES 010.4424.5351 FIVE CITIES DUPLICATE BRIDGE52 05/05/2023 297368 199.00 REFUND SCIENCE CAMP 010.0000.4605 ANASTACIA FLORES53 05/05/2023 297369 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 PETER GIRGIS54 05/05/2023 297370 280.00 RECRUITMENT ADVERTISEMENT 010.4201.5316 GO LAW ENFORCEMENT LLC55 05/05/2023 297371 41.31 05/23 AETNA RESOURCES EAP 010.0000.1111 HEALTH AND HUMAN RESOURCE CTR56 05/05/2023 297371 165.24 05/23 AETNA RESOURCES EAP 010.4145.5147 HEALTH AND HUMAN RESOURCE CTR57 05/05/2023 297372 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 BRANDON HERNANDEZ58 05/05/2023 297372 106.00 REFUND PARK RENTAL-ELM ST 010.0000.4354 BRANDON HERNANDEZ59 05/05/2023 297373 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 APRIL HUCKABEY60 05/05/2023 297374 1,007.69 (2) WATERMETER BOXES W/LIDS 640.4712.5610 ICONIX WATERWORKS (US) INC61 05/05/2023 297375 160.88 6" SUCTION HOSE 612.4610.5610 IRRIGATION WEST (DBA)62 05/05/2023 297376 380.00 PICKLEBALL CLINIC 04/23 010.4424.5351 PRINCESS LEONG 63 05/05/2023 297377 100.00 REIMBURSE FOR TOURNAMENT PRIZES 010.4424.5251 MAUREEN LEWIS64 05/05/2023 297378 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JEREMY MACE65 05/05/2023 297379 45.00 PARTIAL REFUND-YOUTH TENNIS LESSONS 010.0000.4605 NEGAR MASHHOON66 05/05/2023 297380 403.48 CCAC CONF-REIMBURSE MILEAGE 010.4002.5501 JESSICA MATSON67 05/05/2023 297381 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 REBECCA MCNEAL68 05/05/2023 297381 96.00 REFUND PARK RENTAL LESS ADMIN 010.0000.4354 REBECCA MCNEAL69 05/05/2023 297382 34.42 (4) KEYS, GFCI COVER 010.4213.5604 MINER'S ACE HARDWARE, INC70 05/05/2023 297382 46.72 SPRAY PAINT, FASTENERS, PUMICE STONE 010.4213.5604 MINER'S ACE HARDWARE, INC71 05/05/2023 297382 19.37 (2) COMBO WRENCHES 220.4303.5255 MINER'S ACE HARDWARE, INC72 05/05/2023 297382 109.84 MASKING TAPE, SAFETY GLASSES 220.4303.5255 MINER'S ACE HARDWARE, INC 73 05/05/2023 297382 28.00 TAPE MEASURE 220.4303.5273 MINER'S ACE HARDWARE, INC74 05/05/2023 297382 17.42 ROLLER COVERS, ROLLER FRAME 220.4303.5613 MINER'S ACE HARDWARE, INC75 05/05/2023 297382 10.76 PUMICE STONE 640.4712.5255 MINER'S ACE HARDWARE, INC76 05/05/2023 297383 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 ANGIE MIRANDA

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name77 05/05/2023 297384 $ 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 JACQUELINE MOBLEY78 05/05/2023 297385 5,103.33 AUDIT TO DATE 010.4120.5303 MOSS, LEVY & HARTZHEIM LLP79 05/05/2023 297385 5,103.33 AUDIT TO DATE 612.4610.5303 MOSS, LEVY & HARTZHEIM LLP80 05/05/2023 297385 5,103.34 AUDIT TO DATE 640.4710.5303 MOSS, LEVY & HARTZHEIM LLP81 05/05/2023 297386 201.60 04/23-YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON82 05/05/2023 297387 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JADE NORMAN83 05/05/2023 297388 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JOSHUA OSTINI84 05/05/2023 297389 276.00 03/23 K-RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA85 05/05/2023 297390 156,153.18 08/22 CCB PROGRAM MGMT COST SHARE 640.5975.7501 CITY OF PISMO BEACH86 05/05/2023 297390 208,793.64 09/22 CCB PROGRAM MGMT COST SHARE 640.5975.7501 CITY OF PISMO BEACH87 05/05/2023 297390 1,000.00 CCB-HUBER ST LOTS SURVEY 12/22 640.5975.7501 CITY OF PISMO BEACH88 05/05/2023 297390 461.25 CCB-SWRCB REVIEW 7/21-6/22 640.5975.7501 CITY OF PISMO BEACH89 05/05/2023 297390 10,238.13 CCB-CWSRF APPLICATION 05/22 640.5975.7501 CITY OF PISMO BEACH90 05/05/2023 297390 13,818.13 CCB-CWSRF APPLICATION 06/22-07 640.5975.7501 CITY OF PISMO BEACH91 05/05/2023 297390 600.63 CCB-EIR WORK 05/22-09/22 640.5975.7501 CITY OF PISMO BEACH 92 05/05/2023 297390 1,431.25 CCB-EIR WORK 10/22 640.5975.7501 CITY OF PISMO BEACH 93 05/05/2023 297390 753.13 CCB-EIR WORK 11/22 640.5975.7501 CITY OF PISMO BEACH94 05/05/2023 297390 175,819.01 07/22 CCB PROGRAM MGMT COST SHARE 640.5975.7501 CITY OF PISMO BEACH 95 05/05/2023 297390 17,707.50 06/22 CCB PROGRAM MGMT COST SHARE 640.5975.7501 CITY OF PISMO BEACH 96 05/05/2023 297390 58,783.54 05/22 CCB PROGRAM MGMT COST SHARE 640.5975.7501 CITY OF PISMO BEACH97 05/05/2023 297390 168,609.77 10/22 CCB PROGRAM MGMT COST SHARE 640.5975.7501 CITY OF PISMO BEACH 98 05/05/2023 297390 164,410.98 11/22 CCB PROGRAM MGMT COST SHARE 640.5975.7501 CITY OF PISMO BEACH99 05/05/2023 297390 571,454.60 CCB FY17-FY23 RETROACTIVE COST 640.5975.7501 CITY OF PISMO BEACH100 05/05/2023 297391 3,136.00 QUILTING WINTER SESSION 2 010.4424.5351 BARBARA ANN PORTER 101 05/05/2023 297392 208.89 INSTALL NEW FUEL GAUGE ON BACK 220.4303.5603 QUINN COMPANY102 05/05/2023 297393 484.37 05/23 GRACE LN LANDSCAPE MAINTENANCE 216.4460.5304 RAINSCAPE103 05/05/2023 297393 1,201.41 05/23 PARKSIDE LANDSCAPE MAINTENANCE 219.4460.5304 RAINSCAPE104 05/05/2023 297394 60.00 REFUND MOTHERS DAY TEA (2) 010.0000.4607 STACIE RAPPLEYE105 05/05/2023 297395 1,164.19 REIMBURSE LLOC PLANNING COMM 010.4130.5501 VIRGINIA ROOF106 05/05/2023 297396 428.34 PLANNING COMM ACADEMY-REIMBURSEMENT 010.4130.5501 CATHERINE SACKRISON107 05/05/2023 297397 800.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 CESAR SALGUERO108 05/05/2023 297397 200.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 CESAR SALGUERO109 05/05/2023 297397 52.00 REFUND-SPVR HRS (2 X $26) 010.0000.4655 CESAR SALGUERO 110 05/05/2023 297398 1,548.97 ANNUAL FIRE EXTINGUISHER MAINT 010.4213.5303 SCOTT O'BRIEN FIRE & SAFETY CO111 05/05/2023 297399 149.00 REFUND SOCCER 010.0000.4605 NATACHA SEDEEK112 05/05/2023 297400 34.42 HUNTER PROSPRAY ROTER W/CK VALVE 010.4420.5255 SITEONE LANDSCAPE SUPPLY LLC113 05/05/2023 297401 225,920.00 FY22/23 CONTRACT FOR DISPATCH SERVICES 010.4201.5303 SLO COUNTY SHERIFF'S DEPT 114 05/05/2023 297402 77.38 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name115 05/05/2023 297402 $ 25.49 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS116 05/05/2023 297402 65.53 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS117 05/05/2023 297403 160.61 DUMPSTERS -PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC118 05/05/2023 297403 102.16 DUMPSTERS -PW RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC119 05/05/2023 297403 204.32 DUMPSTERS -STROTHER 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC120 05/05/2023 297403 313.84 DUMPSTERS -FCFA 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC121 05/05/2023 297403 204.32 DUMPSTERS -RANCHO GRANDE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC122 05/05/2023 297403 88.46 CITY HALL TRASH & RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC123 05/05/2023 297403 10.79 COMM GARDEN GREEN WASTE 010.4420.5303 SOUTH COUNTY SANITARY SVC, INC124 05/05/2023 297404 218,535.20 03/23 SEWER SVCS COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST125 05/05/2023 297404 236,713.01 04/23 SEWER SVCS COLLECTIONS 760.0000.2304 SOUTH SLO COUNTY SANIT DIST126 05/05/2023 297404 4,950.00 03/23 2-SEWER SERVICE HOOKUPS 760.0000.2305 SOUTH SLO COUNTY SANIT DIST127 05/05/2023 297404 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST128 05/05/2023 297404 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST129 05/05/2023 297404 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST130 05/05/2023 297404 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST131 05/05/2023 297404 8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST132 05/05/2023 297404 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST133 05/05/2023 297404 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST134 05/05/2023 297404 8.81 CITY ACCT-203 N RENA 010.4145.5401 SOUTH SLO COUNTY SANIT DIST135 05/05/2023 297404 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST136 05/05/2023 297404 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST137 05/05/2023 297404 8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST138 05/05/2023 297404 8.81 CITY ACCT-211 N HALCYON 010.4145.5401 SOUTH SLO COUNTY SANIT DIST139 05/05/2023 297404 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST140 05/05/2023 297404 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST141 05/05/2023 297404 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST142 05/05/2023 297404 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST143 05/05/2023 297404 8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST144 05/05/2023 297404 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST145 05/05/2023 297404 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST146 05/05/2023 297404 8.81 CITY ACCT-203 N RENA ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST147 05/05/2023 297404 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST148 05/05/2023 297404 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST149 05/05/2023 297404 8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST150 05/05/2023 297404 8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST151 05/05/2023 297405 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 NERISSA SPJUT152 05/05/2023 297406 3,145.00 SPRING BREAK SCIENCE CAMP 010.4424.5351 STEAMWORKS FOR KIDS

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name153 05/05/2023 297407 $ 756.00 REFUND-PPR23-000013-APPLICATION 010.0000.4510 KATHRYN STEPHENS154 05/05/2023 297408 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JORDAN TABER155 05/05/2023 297409 11,211.00 GOAL SETTING & PLANNING SUPPORT 010.4101.5303 THE CENTRE FOR ORGANIZATION156 05/05/2023 297410 127.06 04/23 COPY MACH MAINT USAGE 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)157 05/05/2023 297411 50.51 (6) WORK GLOVES 612.4610.5255 USA BLUE BOOK158 05/05/2023 297412 188.80 04/23 ART CLASSES 010.4424.5351 PEGGY VALKO 159 05/05/2023 297413 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 ESME VASQUEZ160 05/05/2023 297414 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 CAMERON VAUGHN161 05/05/2023 297415 76.97 ACCT#808089883-00003 CIM CELL 010.4425.5255 VERIZON WIRELESS162 05/05/2023 297416 2,450.86 FATS, OILS AND GREASE PROGRAM 612.4610.5303 WALLACE GROUP A CALIF CORP 163 05/05/2023 297417 305.00 PLUMBING RETROFIT-811 TEMPUS 226.4306.5303 WATERBOYS PLUMBING164 05/05/2023 297418 1,537.90 BASKETBALL-SPRING BREAK CAMP 010.4424.5351 YOUTH EVOLUTION BASKETBALL 165 05/05/2023 297418 1,764.00 BASKETBALL WINTER SESSION 2 010.4424.5351 YOUTH EVOLUTION BASKETBALL166 05/05/2023 297419 447.00 REFUND ADULT CO-ED SPRING SOFTBALL 010.0000.4608 MICKEY ZEPEDA167 05/05/2023 297419 103.00 REFUND ADULT CO-ED SPRING SOFTBALL 010.0000.4608 MICKEY ZEPEDA168 05/05/2023 297420 131.17 UB Refund Cst #00028880 640.0000.2301 NATE & SARAH CASTILLEJA169 05/05/2023 297421 117.98 UB Refund Cst #00028921 640.0000.2301 LESLIE DIXON170 05/05/2023 297422 300.00 UB Refund Cst #00026711 640.0000.2301 JOANNA LINDEGAARD171 05/05/2023 297423 191.36 UB Refund Cst #00000906 640.0000.2301 WILLIAM RANKIN172 05/05/2023 297424 173.42 UB Refund Cst #00028757 640.0000.2301 CLINT ROY173 05/05/2023 297425 131.52 UB Refund Cst #00028835 640.0000.2301 JESUS GUADALUPE SOLORIO174 05/05/2023 297426 27.66 UB Refund Cst #00028515 640.0000.2301 MERLIN D TRUBEY JR 175 05/05/2023 297427 42,707.81 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE176 05/05/2023 297427 49,794.86 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE177 05/05/2023 297427 12,507.06 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE178 05/05/2023 297428 16,564.40 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT 179 05/05/2023 297428 1,843.90 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT180 05/05/2023 297429 565.60 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT181 05/05/2023 297430 7,740.64 DENTAL INSURANCE: Payment 011.0000.2110 DELTA DENTAL182 05/05/2023 297430 1,762.72 DENTAL INSURANCE: RETIREES 010.4099.5132 DELTA DENTAL183 05/05/2023 297431 3,499.61 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP184 05/05/2023 297431 10,767.20 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP185 05/05/2023 297431 866.66 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP186 05/05/2023 297431 350.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP187 05/05/2023 297431 177.07 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP188 05/05/2023 297432 2,431.32 HMO ANTHEM TRADITIONAL - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED189 05/05/2023 297432 4,200.00 PORAC MED INSURANCE: Payment 011.0000.2109 PERS - ACTIVE MED190 05/05/2023 297432 11,134.92 PPO PERS GOLD - MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name191 05/05/2023 297432 $ 16,841.54 PPO PERS GOLD - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED192 05/05/2023 297432 14,614.58 PPO PERS GOLD - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED193 05/05/2023 297432 1,977.86 BLUE SHIELD TRIO HMO - MGMT: Payment 011.0000.2109 PERS - ACTIVE MED194 05/05/2023 297432 1,977.86 BLUE SHIELD TRIO HMO - POLICE: Payment 011.0000.2109 PERS - ACTIVE MED195 05/05/2023 297432 1,977.86 BLUE SHIELD TRIO HMO - SEIU: Payment 011.0000.2109 PERS - ACTIVE MED196 05/05/2023 297432 16,348.80 HMO-UNITED HEALTHCARE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED197 05/05/2023 297432 8,095.06 HMO UNITED HEALTHCARE-POLICE: Payment 011.0000.2109 PERS - ACTIVE MED198 05/05/2023 297432 13,624.54 HMO UNITED HEALTHCARE-SEIU: Payment 011.0000.2109 PERS - ACTIVE MED199 05/05/2023 297432 1,809.42 PERS GOLD - FIRE MANAGEMENT: Payment 011.0000.2109 PERS - ACTIVE MED200 05/05/2023 297432 4,668.08 PPO PERS PLATINUM - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED201 05/05/2023 297432 11,830.84 PPO PERS GOLD - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED202 05/05/2023 297432 1,521.44 BLUE SHIELD TRIO HMO - FIRE: Payment 011.0000.2109 PERS - ACTIVE MED203 05/05/2023 297432 7,777.58 HMO UNITED HEALTHCARE-FIRE: Payment 011.0000.2109 PERS - ACTIVE MED204 05/05/2023 297432 6,190.32 HMO-UNITED HEALTH FIRE-MGMT: Payment 011.0000.2109 PERS - ACTIVE MED205 05/05/2023 297432 6,597.84 RETIREE HEALTH INSURANCE 010.4099.5136 PERS - ACTIVE MED206 05/05/2023 297432 764.35 RETIREE HEALTH INSURANCE 220.4303.5136 PERS - ACTIVE MED207 05/05/2023 297432 769.74 RETIREE HEALTH INSURANCE 010.0000.1111 PERS - ACTIVE MED208 05/05/2023 297432 106.52 ACTIVE HEALTH ADMIN FEE-FCFA 010.0000.1111 PERS - ACTIVE MED209 05/05/2023 297432 312.61 ACTIVE HEALTH ADMIN FEE 010.4145.5131 PERS - ACTIVE MED210 05/05/2023 297433 3,455.30 ACTIVE HEALTH INS-PT NONPERS 011.0000.2109 PERS - ACTIVE MED211 05/05/2023 297433 11.40 ACTIVE HEALTH ADMIN FEE-PT NON 010.4145.5131 PERS - ACTIVE MED212 05/05/2023 297434 46,786.63 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT213 05/05/2023 297434 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT214 05/05/2023 297434 1,220.43 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT215 05/05/2023 297434 35,231.74 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT216 05/05/2023 297434 (0.08) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT217 05/05/2023 297435 23.50 STANDARD LIFE TAXABLE DEDUCT: Payment 011.0000.2113 STANDARD INSURANCE CO218 05/05/2023 297435 1,602.66 STANDARD LTD/STD INSURANCE: Payment 011.0000.2113 STANDARD INSURANCE CO219 05/05/2023 297435 961.40 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO220 05/05/2023 297435 484.34 STANDARD INSURANCE COMPANY: Payment 011.0000.2113 STANDARD INSURANCE CO221 05/05/2023 297436 1,673.96 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA222 05/05/2023 297437 2,128.97 VISION CARE INSURANCE: Payment 011.0000.2119 VISION SERVICE PLAN223 05/05/2023 297437 575.67 VISION CARE INS-RETIREES 010.4099.5133 VISION SERVICE PLAN224 05/12/2023 297438 475.00 STORMWATER SAMPLING 010.4301.5503 ABALONE COAST ANALYTICAL INC225 05/12/2023 297439 750.00 03/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC226 05/12/2023 297439 750.00 04/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC227 05/12/2023 297439 2,210.00 03/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC228 05/12/2023 297439 2,057.50 04/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name229 05/12/2023 297440 $ 32.27 OFFICE SUPPLIES 010.4002.5201 AMAZON CAPITAL SERVICES230 05/12/2023 297440 21.50 OFFICE SUPPLIES 010.4102.5201 AMAZON CAPITAL SERVICES231 05/12/2023 297441 135.00 5/2 SVC CALL-STAFF TABLE LAPTOP AUDIO 010.4140.5303 A-TOWN AUDIO VIDEO232 05/12/2023 297441 474.10 04/25 SVC CALL ZOOM AUDIO ISSUES 010.4140.5303 A-TOWN AUDIO VIDEO233 05/12/2023 297441 290.93 04/13 SVC CALL DISCUSS AUDIO ISSUES W/AGP 010.4140.5303 A-TOWN AUDIO VIDEO234 05/12/2023 297442 255.39 P-17 IGNITION COIL ASSEMBLY 010.4420.5601 BACK ON THE ROAD AUTOMOBILE235 05/12/2023 297443 38.60 SOTO-FORK LATCH 010.4430.5605 BACKYARD IMPROVEMENT CTR236 05/12/2023 297444 25,300.57 03/23 PROF LEGAL SVCS 010.4003.5304 BEST BEST & KRIEGER LLP237 05/12/2023 297444 6,531.86 03/23 LITIGATION & RELATED MATTERS 010.4003.5327 BEST BEST & KRIEGER LLP238 05/12/2023 297444 2,275.00 03/23 LITIGATION & RELATED MATTERS 010.4003.5327 BEST BEST & KRIEGER LLP239 05/12/2023 297444 1,235.00 03/23 LITIGATION & RELATED MATTERS 010.4003.5327 BEST BEST & KRIEGER LLP240 05/12/2023 297445 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 LINDA BLEVINS241 05/12/2023 297446 1,900.00 CASH FOR GRASS-1900 SQFT 226.4306.5554 BARBARA BORT242 05/12/2023 297447 36,061.31 BUILDING DEPARTMENT SERVICES 010.4212.5303 BPR CONSULTING GROUP LLC243 05/12/2023 297448 443.80 HATS/EMBROIDERY-PW 220.4303.5255 BRAND CREATIVE244 05/12/2023 297448 180.90 HATS/EMBROIDERY-PW 612.4610.5143 BRAND CREATIVE245 05/12/2023 297448 262.90 HATS/EMBROIDERY-PW 640.4712.5143 BRAND CREATIVE246 05/12/2023 297449 500.00 JANITORIAL SERVICE FOR THE POLICE DEPARTMENT 010.4201.5615 BRENDLER JANITORIAL SERVICE 247 05/12/2023 297449 1,585.00 JANITORIAL SERVICE FOR VARIOUS CITY BUILDINGS 010.4213.5615 BRENDLER JANITORIAL SERVICE248 05/12/2023 297450 165.00 PEST CONTROL: PW CORP YARD 010.4213.5303 BREZDEN PEST CONTROL, INC249 05/12/2023 297451 872.49 CITY NEWLETTER PRINTING 010.4102.5255 BURDINE PRINTING (DBA)250 05/12/2023 297452 18.72 (3) 60# BAGS CONCRETE MIX 220.4303.5613 BURKE AND PACE OF AG, INC251 05/12/2023 297453 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 RUTH E CALLAHAN252 05/12/2023 297453 60.00 PARK RENTAL REFUND-STROTHER 010.0000.4354 RUTH E CALLAHAN253 05/12/2023 297454 17.30 P-25 WIPERBLADES 010.4420.5601 CARQUEST AUTO PARTS254 05/12/2023 297455 327.16 ACCT#8245100960216667 WC DARK 010.4145.5401 CHARTER COMMUNICATIONS255 05/12/2023 297455 736.80 ACCT#8245100960211288-PW TV VOICE 010.4145.5401 CHARTER COMMUNICATIONS256 05/12/2023 297455 185.15 ACCT#8245100960223572-PD TV 010.4145.5401 CHARTER COMMUNICATIONS257 05/12/2023 297455 761.32 ACCT#8245100960211791-REC TV, INTERNET 010.4145.5401 CHARTER COMMUNICATIONS258 05/12/2023 297455 122.12 ACCT#8245100960129431 COUNCIL 010.4145.5401 CHARTER COMMUNICATIONS259 05/12/2023 297455 1,349.00 ACCT#8245100960301246 COUNCIL 211.4101.5330 CHARTER COMMUNICATIONS260 05/12/2023 297456 1,687.50 GIS SUPPORT SERVICES 010.4130.5303 CK CONSULTING261 05/12/2023 297457 25.00 REFUND-CLOGGING 010.0000.4605 NATALIE CLOUSER262 05/12/2023 297458 184.91 PW-51 HOSE GUARDS 010.4305.5603 COASTLINE EQUIPMENT(DBA)263 05/12/2023 297458 23.01 PW-51 HOSE GUARDS 612.4610.5601 COASTLINE EQUIPMENT(DBA)264 05/12/2023 297458 57.21 PW-11 FILTER 640.4712.5603 COASTLINE EQUIPMENT(DBA)265 05/12/2023 297459 45.00 LANDFILL FEES 640.4712.5604 COLD CANYON LANDFILL, INC266 05/12/2023 297460 773.69 ENGINEERING SWINGING BRIDGE 350.5620.7501 CONSOR NORTH AMERICA INC

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name267 05/12/2023 297460 $ 4,371.26 ENGINEERING SWINGING BRIDGE 350.5620.7501 CONSOR NORTH AMERICA INC268 05/12/2023 297460 14,588.93 TRAFFIC WAY BRIDGE 350.5679.7501 CONSOR NORTH AMERICA INC269 05/12/2023 297460 22,329.53 TRAFFIC WAY BRIDGE 350.5679.7501 CONSOR NORTH AMERICA INC270 05/12/2023 297461 100.00 REFUND SOCCER 010.0000.4605 RUVI CORONA271 05/12/2023 297462 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CUB SCOUT PACK 425272 05/12/2023 297463 188.30 04/23 LINE DANCING 010.4424.5351 ZOE DASCALOS273 05/12/2023 297464 400.00 04/23 NETBILL MONTHLY MAINT. 640.4710.5303 DATAPROSE LLC274 05/12/2023 297464 470.68 04/23 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC275 05/12/2023 297464 1,684.41 04/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC276 05/12/2023 297464 117.67 04/23 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC277 05/12/2023 297465 682.20 SOTO-WATER VALVES, BALL VALVES 010.4430.5605 FARM SUPPLY CO278 05/12/2023 297465 831.56 (49) 50# BAGS LIME DOLOMITE 010.4430.5605 FARM SUPPLY CO279 05/12/2023 297466 651.53 REPLACEMENT TOILET-REC 010.4213.5604 FERGUSON ENTERPRISES, INC280 05/12/2023 297467 25,952.50 CONSTRUCTION MANAGEMENT, INSPECTION 350.5795.7301 FILIPPIN ENGINEERING281 05/12/2023 297468 3,679.75 2022 PEDESTRIAN CROSSING IMPROVEMENTS 350.5607.7001 G. SOSA CONSTRUCTION INC282 05/12/2023 297468 13,217.54 2022 PEDESTRIAN CROSSING IMPROVEMENTS 350.5607.7201 G. SOSA CONSTRUCTION INC283 05/12/2023 297469 1,950.00 191 TALLY HO DESIGN WORK 010.4301.5303 GARING TAYLOR & ASSOCIATES INC284 05/12/2023 297469 4,121.25 191 TALLY HO DESIGN WORK 010.4301.5303 GARING TAYLOR & ASSOCIATES INC285 05/12/2023 297470 150.00 SOTO-LOCATE IRRIGATION VALVE#2 010.4430.5303 GARY BARLOW SERVICES286 05/12/2023 297471 6,200.30 GIS SERVICES 010.4301.5303 GHD INC287 05/12/2023 297471 7,619.02 GIS SERVICES 010.4301.5303 GHD INC288 05/12/2023 297471 10,364.42 HALCYON SIGNAL TIMING 350.5681.7001 GHD INC289 05/12/2023 297472 500.00 LOFO REDESIGN FOR SUMMER CONCERTS 010.4424.5353 FRANK GONZALES290 05/12/2023 297473 4,983.31 PREPARATION OF THE NCMA 2022 ANNUAL REPORT 640.4710.5303 GSI WATER SOLUTIONS291 05/12/2023 297474 259.15 PW51-GREASE FITTINGS 612.4610.5603 HAAKER EQUIPMENT, INC 292 05/12/2023 297475 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 AMANDA HEISDORF293 05/12/2023 297476 127.91 CA AEP CONF EXPENSE 010.4130.5501 PATRICK HOLUB294 05/12/2023 297477 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 SARAH IANSON295 05/12/2023 297478 1,003.28 (4) 1" CORP STOPS & SADDLES 640.4712.5610 ICONIX WATERWORKS (US) INC296 05/12/2023 297479 115.50 TENNIS COURTS-REPLACE PHOTO CELL 010.4213.5303 JD ELECTRIC297 05/12/2023 297480 188.30 04/23 LINE DANCING 010.4424.5351 KAYLYN KELLER298 05/12/2023 297481 100.00 PARK DEPOSIT REFUND-RANCHO GRANDE #2 & 3 010.0000.2206 TERI MCKAY KOSELNIK299 05/12/2023 297482 1,996.80 02/23 PROF FEES-HOTEL RFQ 010.0000.2563 KOSMONT & ASSOCIATES INC300 05/12/2023 297482 569.40 03/23 PROF FEES-HOTEL RFQ 010.0000.2563 KOSMONT & ASSOCIATES INC 301 05/12/2023 297483 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 ABIGAIL KRAEMER-COLE302 05/12/2023 297484 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 DUANE LANGSTAFF303 05/12/2023 297485 938.60 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC304 05/12/2023 297485 934.76 SHORETEL PHONE CHRGS-PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name305 05/12/2023 297486 $ 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 DANIEL LINTNER306 05/12/2023 297487 1,311.80 04/23 ZUMBA & BARRE 010.4424.5351 HEIDY MANGIARDI307 05/12/2023 297488 190.00 REFUND CSI CAMP 010.0000.4605 NONA MATTHEWS308 05/12/2023 297489 107.75 GRANITE BOULDER-TREE DEDICATION 010.4001.5201 MIER BROS LANDSCAPE PRODUCTS 309 05/12/2023 297489 199.34 1/2 CU YD 6 SACK CONCRETE 220.4303.5613 MIER BROS LANDSCAPE PRODUCTS 310 05/12/2023 297490 39.13 BUCKET, DRILL BITS 010.4213.5273 MINER'S ACE HARDWARE, INC311 05/12/2023 297490 41.63 PAINT 010.4213.5604 MINER'S ACE HARDWARE, INC312 05/12/2023 297490 47.02 PAINT 010.4213.5604 MINER'S ACE HARDWARE, INC313 05/12/2023 297490 42.16 (7) AIR FILTERS 010.4213.5604 MINER'S ACE HARDWARE, INC314 05/12/2023 297490 12.91 CLEANING PRODUCTS 010.4213.5604 MINER'S ACE HARDWARE, INC315 05/12/2023 297490 49.18 PAINT 010.4213.5604 MINER'S ACE HARDWARE, INC316 05/12/2023 297490 19.36 (3) PROPANE CYLINDERS 010.4305.5255 MINER'S ACE HARDWARE, INC317 05/12/2023 297490 27.17 TOOL BAG, ARMORALL PROTECTANT 220.4303.5255 MINER'S ACE HARDWARE, INC318 05/12/2023 297490 8.61 40# SALT FOR TREE ROOTS 220.4303.5255 MINER'S ACE HARDWARE, INC319 05/12/2023 297490 162.65 PW-70-SHOVELS, FRUIT PICKER 220.4303.5273 MINER'S ACE HARDWARE, INC320 05/12/2023 297490 34.46 SHOVEL, NITRILE GLOVES 220.4303.5273 MINER'S ACE HARDWARE, INC321 05/12/2023 297490 73.25 AQUAPHALT ASHPALT PATCH, ADHESIVE 220.4303.5613 MINER'S ACE HARDWARE, INC322 05/12/2023 297491 311.64 MAP CHECKING SERVICES 010.4301.5303 MNS ENGINEERS INC323 05/12/2023 297491 186.98 MAP CHECKING SERVICES 010.4301.5303 MNS ENGINEERS INC324 05/12/2023 297492 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 RACHEL MUETZEL325 05/12/2023 297493 102.51 HEDGE TRIMMER REPAIR, FUEL 010.4430.5603 NOBLE SAW, INC 326 05/12/2023 297493 65.06 CHAINSAW REPAIR, SPARKPLUG 010.4430.5603 NOBLE SAW, INC 327 05/12/2023 297493 183.11 CHAINSAW CHAINS, STARTER HANDLE, ROPE 220.4303.5603 NOBLE SAW, INC328 05/12/2023 297493 38.05 TRIMMER HEAD 220.4303.5603 NOBLE SAW, INC329 05/12/2023 297494 100.00 PUBLIC WORKS WEEK BBQ-20 PEOPLE 220.4303.5255 OCEANO COMMUNITY SERVICES 330 05/12/2023 297494 100.00 PUBLIC WORKS WEEK BBQ-20 PEOPLE 640.4712.5255 OCEANO COMMUNITY SERVICES 331 05/12/2023 297495 96.62 MISC OFFICE SUPPLIES 010.4120.5201 ODP BUSINESS SOLUTIONS LLC332 05/12/2023 297495 84.35 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC333 05/12/2023 297496 7,113.88 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO334 05/12/2023 297496 29.58 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO335 05/12/2023 297496 2,611.66 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO336 05/12/2023 297496 767.67 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO337 05/12/2023 297496 4,304.88 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO338 05/12/2023 297496 16,989.19 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO339 05/12/2023 297496 1,438.36 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO340 05/12/2023 297497 800.00 WOMENS CTR DEPOSIT REFUND 010.0000.2206 MARISOL PEREZ341 05/12/2023 297497 200.00 REFUND WOMENS CTR DEPOSIT 010.0000.2206 MARISOL PEREZ342 05/12/2023 297497 (50.00) CHR FOR 50 CHAIR RENTAL 010.0000.2032 MARISOL PEREZ

CITY OF ARROYO GRANDE

CHECK LISTING
MAY 1 - MAY 15, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name343 05/12/2023 297498 $ 26.93 CHECK STOCK FOR PAYROLL 1/18/23 010.4120.5201 PETTY CASH344 05/12/2023 297498 1.29 CASH OVER/SHORT 010.0000.4818 PETTY CASH345 05/12/2023 297498 13.98 SUPPLIES FOR YOUTH IN GOV'T DAY 010.4101.5504 PETTY CASH346 05/12/2023 297499 1,239.47 TRAFFIC SIGNAL BOX-ECR DRAINAGE 220.4303.5303 RAMINHA CONSTRUCTION INC347 05/12/2023 297499 458.21 TRAFFIC SIGNAL BOX-ECR DRAINAGE 220.4303.5303 RAMINHA CONSTRUCTION INC348 05/12/2023 297499 97,942.98 OAK PARK DRAINAGE REPAIRS PROJECT PW2020-04 350.5795.7001 RAMINHA CONSTRUCTION INC349 05/12/2023 297499 19,605.23 OAK PARK DRAINAGE REPAIRS PROJECT PW2020-05 350.5795.7201 RAMINHA CONSTRUCTION INC350 05/12/2023 297500 50.00 REFUND PARK DEPOSIT-RANCHO GRANDE 010.0000.2206 JAZMIN RESENDIZ351 05/12/2023 297500 60.00 REFUND PARK RENTAL-RANCHO GRANDE 010.0000.4354 JAZMIN RESENDIZ352 05/12/2023 297501 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 VIRGINIA ROOF353 05/12/2023 297501 50.00 PARK RENTAL REFUND-LESS ADMIN 010.0000.4354 VIRGINIA ROOF354 05/12/2023 297502 30.00 SOFTBALL SCORER- 2 GAMES 010.4424.5352 MAIA SANCHEZ355 05/12/2023 297503 30.00 SOFTBALL SCORER-2 GAMES 010.4424.5352 TARA SANCHEZ356 05/12/2023 297504 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 TJ SANDERS357 05/12/2023 297504 106.00 PARK RENTAL REFUND-RANCHO GRANDE 010.0000.4354 TJ SANDERS358 05/12/2023 297505 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KEVAL SHAH359 05/12/2023 297506 169.14 (2) HERBICIDE 010.4420.5273 SITEONE LANDSCAPE SUPPLY LLC360 05/12/2023 297506 61.06 TRASH CAN 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC361 05/12/2023 297506 108.36 WIRE CONNECTORS, VALVE BOX, EXP REPAIR 010.4430.5605 SITEONE LANDSCAPE SUPPLY LLC 362 05/12/2023 297506 200.22 (20) ROTORS FOR WATER CONSERVATION 226.4306.5303 SITEONE LANDSCAPE SUPPLY LLC 363 05/12/2023 297507 1,628.80 CROSS CONNECTION PROGRAM FY 2022/23 640.4710.5303 SLO COUNTY ENVIRONMENTAL364 05/12/2023 297508 559.00 268 TALLY HO ROLLOFF-STORM DEBRIS 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC365 05/12/2023 297508 1,258.40 286 TALLY HO ROLLOFF STORM DEBRIS 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC366 05/12/2023 297508 512.20 300 TALLY HO ROLLOFF STORM DEBRIS 220.4303.5307 SOUTH COUNTY SANITARY SVC, INC367 05/12/2023 297509 60.75 UTILITY GLOVES, MDS CROSSPIECE 220.4303.5613 STATEWIDE SAFETY & SIGNS INC368 05/12/2023 297510 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 TABITHA TABAREZ 369 05/12/2023 297511 260.49 FOLDABLE PEN LIGHT, 3/8 DRIVE 010.4305.5273 TCA TOOLS INC370 05/12/2023 297512 136.00 (2) ALUMINUM SIGNS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS371 05/12/2023 297513 372.30 RECYCLE ROAD BASE & CLEAN CONCRETE 220.4303.5613 TROESH RECYCLING, INC 372 05/12/2023 297514 20,952.45 03/23 TMD ASSESSMENT REMITTANCE 761.0000.2007 VISIT SLO CAL373 05/12/2023 297514 (419.05) 03/23 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL374 05/12/2023 297515 2,056.85 STAFF EXTENSION SERVICES FOR NCMA 640.4710.5303 WATER SYSTEMS CONSULTING INC 375 05/12/2023 297516 5,245.00 03/23 PROF LEGAL SVCS-SM WATER ADJUSTMENT 640.4710.5575 WHITE BRENNER LLP376 05/12/2023 297517 17,052.00 FEE STUDY SERVICES - USER, DIF & CAP 010.4120.5303 WILLDAN FINANCIAL SERVICES377 05/12/2023 297518 60.00 SOFTBALL SCORER-4 GAMES 010.4424.5352 SHIRLEY WILLMOTT378 05/12/2023 297519 183.18 1 CASE LATEX GLOVES 612.4610.5255 WINEMA INDUSTRIAL & 379 05/12/2023 297520 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 EMILY ZIMMERMAN $ 3,144,920.29

ATTACHMENT 2
.

General Fund 353,603.31 5101 Salaries Full time 226,449.43 Streets Fund 17,666.12 5101 Volunteer Employee Retirement - Sewer Fund 9,587.92 5102 Salaries Part-Time - PPT 7,009.05 Water Fund 27,539.55 5103 Salaries Part-Time - TPT 20,526.12 408,396.90 5105 Salaries OverTime 9,269.90
5106 Salaries Strike Team OT -
5107 Salaries Standby 2,257.60
5108 Holiday Pay 5,234.60
5109 Sick Pay 1,442.22
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 7,741.86 5113 Vacation Pay 12,269.79
Public Works - Maintenance 434.18 5114 Comp Pay 2,611.50 Public Works - Enterprise 1,093.86 5115 Annual Leave Pay 10,403.48 Recreation - Administration - 5116 Salaries - Police FTO 365.00 Recreation - Special Events - 5121 PERS Retirement 30,848.05 Children In Motion - 5122 Social Security 20,962.92
5123 PARS Retirement 320.81 9,269.90
5126 State Disability Ins. 859.61
5127 Deferred Compensation 741.66
5131 Health Insurance 49,788.52
5132 Dental Insurance 2,950.64
5133 Vision Insurance 803.92
5134 Life Insurance 397.03
5135 Long Term Disability 586.40
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 837.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 193.65
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,117.50
408,396.90
OVERTIME BY DEPARTMENT:

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
04/14/2023 - 04/27/2023
5/5/2023

BY FUND BY ACCOUNT

Item 9.b.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Statement of Investment Deposits DATE: June 13, 2023
SUMMARY OF ACTION:

Presentation of the City’s investment deposits as of April 30, 2023.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

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

RECOMMENDATION:
1) Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of April 30, 2023, as required by Government Code Section 53646(b); 2) Determine that receiving the report of investment deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND:

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

1. Type of investment.

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

3. Date of maturity.

4. Principal amount.

5. Rate of interest.

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

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

City Council
Consideration of Statement of Investment Deposits
June 13, 2023

Item 9.b.

ANALYSIS OF ISSUES:

This report represents the City’s investments as of April 30, 2023. It includes all investments managed by the City, the investment institution, investment type, book value, maturity date, and rate of interest. As of April 30, 2023, the investment portfolio was in compliance with all State laws and the City’s investment policy.

ALTERNATIVES:

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

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

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

ADVANTAGES:

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

DISADVANTAGES:

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

ENVIRONMENTAL REVIEW:

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

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

Attachments:

1. Portfolio Summary: April 30, 2023

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

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

CITY OF ARROYO GRANDE
Portfolio Management
Portfolio Summary
April 30, 2023
Investments Principal Value Current Market Value Interest Rate Date of Purchase Term Maturity Date % of Portfolio Local Agency Investment Fund $ 15,369,393.99 15,369,393.99 $ 2.870% 48.730% Certificates of Deposit
Pacific Premier Bank 249,000.00 249,000.00 0.100% February 21, 2023 12 mos February 21, 2024 0.789% Morgan Stanley Private Bank 247,000.00 247,000.00 2.250% July 11, 2019 45 mos July 11, 2023 0.784% Merrick Bank 249,000.00 249,000.00 1.800% October 16, 2019 48 mos October 16, 2023 0.789% BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 0.789% Mountain America Federal Credit Union 249,000.00 249,000.00 4.750% October 14, 2022 24 mos October 15, 2024 0.789% Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 0.784% Wells Fargo Bank 249,000.00 249,000.00 4.600% October 28, 2022 24 mos October 28, 2024 0.789% Beal Bk Plano TX 247,000.00 247,000.00 1.350% March 26, 2022 36 mos March 26, 2025 0.784% Beal Bk Las Vegas NV 247,000.00 247,000.00 1.250% March 26, 2022 36 mos March 26, 2025 0.784% First Technology Federal 248,000.00 248,000.00 5.000% April 14, 2023 24 mos April 14, 2025 0.786% Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 0.777% American Express National Bank 246,000.00 246,000.00 3.100% May 25, 2022 36 mos May 25, 2025 0.781% New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 0.789% Chief Financial Federal Credit Union 249,000.00 249,000.00 4.600% October 12, 2022 36 mos October 14, 2025 0.789% Live Oak Bank 249,000.00 249,000.00 3.150% May 25, 2022 48 mos May 26, 2026 0.789% UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.789% Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.786% Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.789% Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.786% Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.781% Morgan Stanley Bank 244,000.00 244,000.00 4.650% April 6, 2023 60 mos April 6, 2028 0.774% Total Certificates of Deposit 5,203,000.00 5,203,000.00 16.497% Agency Bonds
Federal Farm Credit Bank 2,500,000.00 2,455,284.60 1.600% November 1, 2019 48 mos November 1, 2023 7.926% Federal Farm Credit Bank 1,999,314.00 1,906,518.62 0.350% December 4, 2020 42 mos May 16, 2024 6.339% Federal Home Loan Bank 499,252.43 496,500.97 1.000% July 19, 2022 29 mos December 20, 2024 1.583% Federal Farm Credit Bank 998,431.00 931,448.89 0.430% March 17, 2021 48 mos March 3, 2025 3.166% Federal Natl Mortgage Assn 1,000,000.00 915,334.63 0.500% October 20, 2020 60 mos October 20, 2025 3.171% Federal Home Loan Bank 999,500.00 910,197.67 0.800% March 17, 2021 60 mos March 10, 2026 3.169% Federal Home Loan Bank 994,396.00 939,400.70 2.400% March 17, 2021 72 mos March 29, 2027 3.153% Federal Home Loan Bank 500,000.00 482,476.43 3.375% May 17, 2022 60 mos May 17, 2027 1.585% Total Agency Bonds 9,037,162.51 9,490,893.43 30.092%

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

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

CITY OF ARROYO GRANDE
Portfolio Management
Portfolio Summary
April 30, 2023
Investments Principal Value Current Market Value Interest Rate Date of Purchase Term Maturity Date % of Portfolio Municipal Bonds
California State GO Various Purp Bond 491,810.00 $ 476,970.00 $ 3.100% May 12, 2022 47 mos April 1, 2026 1.559% Total Municipal Bonds 476,970.00 491,810.00 1.559%
Treasury Obligations
U.S. Treasury Z-2026 Series 984,728.00 911,132.81 1.100% December 6, 2021 53 mos May 31, 2026 3.122% Total Treasury Obligations 911,132.81 984,728.00 3.122% TOTAL INVESTMENTS $ 30,997,659.31 31,539,825.42 $ 100.000%

1 Item 9.c.

ACTION MINUTES

SPECIAL MEETING OF THE CITY COUNCIL
May 25, 2023, 5:30 p.m.

City Hall 2nd Floor Conference Room
300 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council
Member Kate Secrest, Council Member Jim
Guthrie
Staff Present: City Clerk Jessica Matson, Legal Counsel Ryan Guiboa, City Manager Whitney
McDonald
_____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:34 p.m.

2. ROLL CALL
City Clerk Matson took roll call.

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

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom asked if any members of the public would like to comment on Closed Session items. There were none.

5. CLOSED SESSION
Legal Counsel, Ryan Guiboa, announced the City Council will recess to a closed session for the following:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1):

Title: City Manager
The City Council adjourned Closed Session at 7:38 p.m.

2 Item 9.c.

Legal Counsel Guiboa announced that there was no reportable action.

6. ADJOURNMENT
The meeting was adjourned at 7:38 p.m.
_________________________
Caren Ray Russom, Mayor
_________________________
Jessica Matson, City Clerk

1 ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
May 23, 2023, 6:00 p.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council
Member Guthrie, Council Member Secrest
Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, City Manager Whitney McDonald,
Administrative Services Director Nicole
Valentine, Community Development Director
Brian Pedrotti, Recreation Services Director
Sheridan Bohlken, Police Chief Michael
Martinez, FCFA Chief Steve Lieberman,
Interim City Engineer Steve Kahn
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 Pro Tem Barneich led the flag salute.

5. AGENDA REVIEW
Council concurred to hear Item 10.a. after Item 12.a. and to hear Council Communications after Item 7.

5.a Closed Session Announcements
None.

5.b Ordinances read in title only
None.

2 6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Declaring June 2023 as “Pride Month” Mayor Ray Russom read the Honorary Proclamation Declaring June 2023 as “Pride Month.” Dusty Colyer-Worth, Gala Pride and Diversity Center, accepted the proclamation.

Mayor Ray Russom invited public comment. Speaking from the public was Rev. Rob Keim. No further public comments were received.

No action was taken on this item.

6.b Honorary Proclamation Declaring June 2, 2023 as “World Hunger Day” Mayor Ray Russom read the Honorary Proclamation Declaring June 2, 2023 as “World Hunger Day.” Molly Kern, SLO Food Bank, accepted the proclamation.

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

No action was taken on this item.

6.c City Manager Communications
City Manager McDonald provided information regarding future meetings and upcoming items for Council consideration.

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

No action was taken on this item.

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

7.a MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

2. Central Cost Blue Regional Recycled Water Authority Board

3. San Luis Obispo County Mayor's Meeting

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

5. Other

7.b MAYOR PRO TEM BARNEICH:

1. Audit Committee

2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

3 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 Economic Development Roundtable

5. Other

7.e COUNCIL MEMBER SECREST:

1. Air Pollution Control District (APCD)

2. South County Chambers of Commerce Arroyo Grande Business Meeting

3. South County Chambers of Commerce Governmental Affairs Committee

4. Other

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

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

Council requested Item 9.f. be pulled from the Consent Agenda for separate vote.

Mayor Ray Russom invited public comment. Speaking from the public were Steve Henry, Virginia Roof, Julia Vogue, Carrie McMillen, Becky Musgovian, Patty O'Keefe, No name provided, Gaea Powell, Kay Mallory, Jamie Maraviglia, Denise Dotenola, Jean St. James, No Name Provided, No Name Provided, Andy Spect, Adrian Garcia Spect, Dusty Colyer-Worth, No Name Provided, Sean, Adam Verdin, Alana Logan, Omega Cox, Sandy Fredas, Darcy Cole, and Noah Clark. City Clerk Matson read into the record written comments from Bruce Summers, Elizabeth Fordyce, Jennifer Haydon, Catherine Keith, Carsen Lacey, Brett Harrison, Summer Camacho, and Todd and Heather Placino. No further comments were received.

Staff responded to questions from Council regarding Item 9.g. and made comments on Item 9.f.

No public comments were received.

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

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

9.a Consideration of Cash Disbursement Ratification
1) Ratified the attached listing of cash disbursements for the period of April 15 through April 30, 2023; 2) Determined that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.b Consideration of Fiscal Year 2022-23 Third Quarter Status Report and Request to Approve Four Budget Adjustment Requests
Received, considered, and file the FY 2022-23 Third Quarter Financial Status Report; and approve four Budget Adjustment Requests.

9.c Approval of Minutes
Approved the minutes of the Regular City Council Meetings of April 25, 2023, and May 9, 2023, as submitted.

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

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

9.e Consideration of a Professional Services Agreement with Kosmont Real Estate Services dba Kosmont Realty
1) Authorized the City Manager to enter into the attached agreement with Kosmont Real Estate Services dba Kosmont Realty (“Kosmont”) for the continued provision of real estate advisory services associated with 400 W. Branch in the City of Arroyo Grande (“Property”), in substantially final form, subject to minor modifications approved by the City Manager in consultation with the City Attorney. 2) Made findings that approving an agreement is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential

5 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 Consideration of the Sidewalk Tile Bands, Tree Well Borders and Crosswalk Improvements in the Village as Components of the 2022 Concrete Repairs Project 1) Approved the selection of Bear Path clay brick pavers in a red flash color, or equal, with a basketweave pattern in the sidewalk bands and tree well surrounds, and a 90-degree herringbone pattern in selected crosswalks in the Village of Arroyo Grande; 2) Found the action exempt from CEQA under a Class 1 Exemption, which applies to which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use (State CEQA Guidelines, § 15301), and where none of the exceptions to the Class 1 exemption set forth in State CEQA Guidelines Section 15300.2 apply.

9.h Consideration of an Award of Contract to Main Line Engineering Construction for Construction of the Fair Oaks Avenue Water Line Replacement Project, PW 2023-05 1) Allocated $71,998.05 from the Water Facility fund to the Fair Oaks Avenue Water Line Replacement Project; 2) Awarded a contract for the Fair Oaks Avenue Water Line Replacement Project to Main Line Engineering Construction in the amount of $669,435.50; 3) Authorized the City Manager to approve change orders of 10% of the contract amount, $66,943.55, for unanticipated costs during the construction phase of the Project; and 4) Determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Class 1 Section 15301 Existing Facilities, Class 2 Section 15302 Replacement or Reconstruction, and Class 4 Section 15304 Minor Alterations of Land.

9.i Consideration to Approve the Sewer System Management Plan Revision 2 1) Approved the Sewer System Management Plan - Revision 2; 2) Made findings that approving the Sewer System Management Plan revision is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Sections 15301, 15302, 15308 of the (CEQA) Guidelines.

9.j April 2023 Monthly Water Supply and Demand Update
Received and filed the Monthly Water Supply and Demand Update.

9.f Consideration of Authorizing the Display of the LGTBQ+ Pride Flag During the Month of June 2023 at Heritage Square Park and at City Hall
Moved by Mayor Pro Tem Barneich
Seconded by Council Member George
Authorized the display of the Pride Flag during the month of June 2023 at Heritage Square Park and at City Hall.

AYES (5): Mayor Pro Tem Barneich, Council Member George, Council Member Secrest, Council Member Guthrie, and Mayor Ray Russom

6 Passed (5 to 0)

10. PUBLIC HEARINGS

10.a 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 This item was heard after Item 12.a.

Mayor Ray Russom and Mayor Pro Tem Barneich declared a conflict of interest due to ownership of a vacation rental, and left the meeting.

Council Member George presided over the meeting.

City Manager McDonald presented the report and recommended that Council: 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.). Staff responded to questions from Council.

Council Member George opened the public hearing. Speaking from the public were John Chagler, and Alexandria Davis. Upon hearing no further public comments, Council Member George closed the public hearing.

City Clerk Matson declared that there were no protests received.

Council discussion ensued regarding changes to the AGTBID Advisory Board and support for staff's recommendations.

Moved by Council Member Guthrie
Seconded by Council Member Secrest
Adopt Resolutions entitled: "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; and "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".

AYES (3): Council Member Guthrie, Council Member Secrest, and Council Member George

7 ABSENT (2): Mayor Ray Russom, and Mayor Pro Tem Barneich Passed (3 to 0)
Moved by Council Member George
Seconded by Council Member Guthrie
Directed staff to make changes to the administration of the AGTBID bringing it in-house to be administered by the Recreation Services Department; to revise the Board Bylaws as proposed and adding language that the meeting schedule is set by the Advisory Board at the beginning of the year, meeting six (6) times a year or quarterly; to give preference to lodging business applicants interested in serving on the Advisory Board, but not make it a requirement; and that changes go into effect July 1, 2023.

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

11. OLD BUSINESS

11.a Discuss Terms for a Potential Contract for Fire and Emergency Response Services Between the Five Cities Fire Authority and the Oceano Community Services District Mayor Ray Russom called for a brief break at 7:59 p.m. The Council reconvened at 8:05 p.m.

This item was heard after the Consent Agenda Items.

City Manager McDonald presented the report and acknowledged supplemental information. City Manager McDonald and FCFA Chief Steve Lieberman responded to questions from the Council.

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

Council discussion ensued regarding contract terms with Oceano Community Services District and support for Option A-4.

Moved by Mayor Ray Russom
Seconded by Mayor Pro Tem Barneich
Direct staff to accept the terms proposed by OCSD with the exception of the flexible option for a one year term at a cost of $1.15 million for twelve months; and at the meet and confer period, starting 90 days before the expiration of the term, that the City's best and final offer be presented for the County to consider.

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

8 12. NEW BUSINESS

12.a Review Preliminary FY 2023-25 Biennial Operating Budget Administrative Services Director Valentine presented the report, acknowledged supplemental information, and recommended that the Council 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. Staff responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public was John Chagler, Dusty Colyer-Worth, and Alexandria Davis. No further public comments were received. City Manager McDonald responded to questions from the public.

Council discussion ensued regarding the appropriation of excess reserve funds. Council Member Secrest expressed support for putting excess reserve funds into the pavement management program; Council Member Guthrie expressed he was not in favor of the two new proposed staff positions and support for putting $3 million of excess reserves into the pavement management program; Mayor Ray Russom expressed support for putting $3.7 million from excess reserves into the pavement management program and $117,000 into the Community Service Grant Program; Council Member George expressed support for putting $3 million of the excess reserves into the pavement management program and $117,000 into the Community Service Grant Program; Mayor Pro Tem Barneich expressed support for putting $117,000 of excess reserves into the Community Service Grant Program; Council Member Secrest concurred; Council Member Guthrie expressed support for putting $100,000 into the Community Service Grant Program and $3 million into the pavement management program. Council concurred.

Moved by Council Member George
Seconded by Mayor Ray Russom
Direct staff to move forward with the proposed Fiscal Years (FY) 2023-25 Biennial Budget as presented and to add $3 million from excess reserves to the pavement management program and $100,000 split up between FY 23-24 and FY 24-25 to the Community Service Grant Program.

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

13. COUNCIL COMMUNICATIONS
This item was heard after Item 7.

Mayor Pro Tem Barneich requested staff agendize an item to discuss the City's Formula Business Ordinance. Council Member Secrest and Mayor Ray Russom concurred.

Mayor Pro Tem Barneich reported that Grover Beach's Cabins for Change program found homes for four people.

9 Council Member George thanked staff and Council for attendance at the AIM Youth Mental Health event.

Council Member Secrest shared regarding the AIM event.

14. ADJOURNMENT
There being no further business to come before the City Council, Council Member George adjourned the meeting at 10:49 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

Item 9.d.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Aleah Bergam, Management Analyst
SUBJECT: Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
DATE: June 13, 2023
SUMMARY OF ACTION:

Adoption of the Resolution will continue the two declared and ratified local emergencies related to the ongoing impacts associated with the storm events, beginning in December 2022.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

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

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

BACKGROUND
As the City Council is aware, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services, proclaimed a local emergency on January 18, 2023, regarding the severe January 2023

Item 9.d.

City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
June 13, 2023

winter storms. The City Council ratified the emergency proclamation at its regular meeting on January 24, 2023.

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

ANALYSIS OF ISSUES:

Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to “Review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated.” Accordingly, to date, the City Council has adopted the appropriate Resolutions declaring a continued local emergency related to both the January 2023 storm events and subsequent storm events within the required 21-day time period. Moving forward, provided there is adoption of the proposed Resolution provided in Attachment 1 consistent with the prior ratification of the emergency proclamations at the City Council’s January 24, February 14, February 28, March 14, March 28, April 11, April 25, May 9, and May 23, 2023 regular meetings, respectively, the City will remain in compliance with its Municipal Code.

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

8.12.065(C). Given the current state of emergency proclaimed by the Governor, the additional emergency proclamation issued by the Governor on March 1, 2023, the Presidential Major Disaster Declaration declared on January 14, 2023, and the Presidential Emergency Declaration declared on March 10, 2023, it is recommended that the City Council adopt the attached Resolution declaring the need to continue the emergency declarations made to date in response to the storm events beginning December 27, 2022. The County of San Luis Obispo issued a similar emergency declaration, which remains in effect. Federal, State and County emergency declarations associated with the January and March 2023 storm events, and resulting damage, continue to remain in effect.

City staff continue to dedicate time towards responding to numerous storm recovery efforts and continue to require support from County, State, and Federal emergency response resources to support these efforts. Staff continue to work with State and Federal officials to request funding for the City’s response and recovery efforts. It is recommended that the local emergency declarations be continued until this funding is received.

Item 9.d.

City Council
Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the Ongoing Storm Events
June 13, 2023

ALTERNATIVES:

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

1. Adopt the Resolution declaring a continued local emergency related to the ongoing impacts associated with the storm events, beginning in December 2022; or

2. Provide other direction to staff.

ADVANTAGES:

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

DISADVANTAGES:

No disadvantages have been identified to adopting the Resolution.

ENVIRONMENTAL REVIEW:

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

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

Attachments:

1. Proposed Resolution

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE DECLARING A CONTINUED

LOCAL EMERGENCY WITHIN THE CITY OF ARROYO
GRANDE (MARCH 2023 AND ONGOING STORM EVENTS
BEGINNING DECEMBER 27, 2022)
WHEREAS, on January 18, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about 8:00 am on January 4, 2023, due to the storm events that began on December 27, 2022; and
WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5259 at its regular meeting on January 24, 2023; and WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City Council is to review the need for a continuing emergency declaration at regularly scheduled meetings at least every twenty-one (21) days until the emergency is terminated; and
WHEREAS, the City Council has adopted Resolutions declaring a continued local emergency related to the ongoing storm events on February 14, 2023, February 28, 2023, March 14, 2023, March 28, April 11, April 25, 2023, May 9, 2023, May 23, 2023; and
WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023, the Governor of the State of California issued a Proclamation of a State of Emergency (“Governor’s Proclamation”) related to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter storms, flooding, landslides, and mudslides, and enabling public agencies in impacted counties that suffered damage or losses from the storms eligible to apply for federal disaster assistance; and
WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and

RESOLUTION NO.

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

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

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

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

RESOLUTION NO.

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

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

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 13th day of June, 2023.

RESOLUTION NO.

PAGE 4

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

Item 9.e.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Bill Robeson, Assistant City Manager/Public Works Director BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration of Authorizing the Display of the Juneteenth Flag During the week of June 16-23, 2023, at City Hall
DATE: June 13, 2023
SUMMARY OF ACTION:

Authorization of the display of the Juneteenth Flag at City Hall for the week beginning on June 16 through June 23, 2023, in recognition of the Juneteenth National Independence Day.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial impact and minimal impact on personnel resources related to authorizing the display of the Juneteenth Flag.

RECOMMENDATION:

Authorize the display of the Juneteenth Flag for the week beginning on June 16 through June 23, 2023, at City Hall.

BACKGROUND:

The City’s adopted Flag Display Policy (Attachment 1) outlines the procedures and standards for the display of flags at City facilities, including the display of commemorative flags at City Hall and Heritage Square Park. As set forth in the policy, commemorative flags may only be displayed, at the request of a Council Member, after being authorized by a vote of 4/5 members of the City Council and as an expression of the City’s official sentiments. Upon City Council authorization of the display of a commemorative flag, the City will display it at City Hall and/or Heritage Square Park during the designated period.

Juneteenth marks the day when federal troops arrived in Galveston, Texas in 1865 to ensure that all enslaved people were freed. Juneteenth honors the end of slavery in the United States and is considered the longest-running African American holiday.

Juneteenth became a state holiday in Texas in 1980, and a number of other states

Item 9.e.

City Council
Consideration of Authorizing the Display of the Juneteenth Flag During the week of June 16-23, 2023, at City Hall
June 13, 2023

subsequently followed suit. On June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act into law. Juneteenth is observed on June 19th each year, commemorating the emancipation of the last enslaved African Americans in Texas on June 19, 1865.

ANALYSIS OF ISSUES:

City Hall has two flag poles and the City of Arroyo Grande has historically displayed the United States Flag, the California State Flag, and the Arroyo Grande City Flag. The United States Flag is also displayed at other City facilities such as the Recreation Services Building at Elm Street Park and at the Public Works Corporate Yard. The Police Station also has three flag poles that can be used to display flags.

The City’s flagpoles are not intended to serve as a forum for free expression by the public.

Rather, the City's flagpoles are to be used exclusively by the City, where the City Council may display a commemorative flag as a form of government expression. The City will not display a commemorative flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party. Instead, the policy states that such flag, as an expression of the City’s official sentiments, must be requested by a member of the City Council itself.

The Government Speech Doctrine, defined by the United States Supreme Court, establishes that a government organization, such as the City of Arroyo Grande, may advance its own expression without requiring viewpoint neutrality when the government itself is the speaker, so long as its expression does not show religious preference or encourage a certain vote in an election. Therefore, the City could act, based on the Policy, to display a commemorative flag as a form of government expression, so long as the commemorative flag does not show religious preference or encourage a certain vote in an election. Consequently, if the City Council authorizes display of a commemorative flag, the display of the commemorative flag would be an exercise of government expression, where the City is the speaker (i.e., government speech).

Mayor Pro Tem Barneich and Mayor Ray Russom have requested that the City Council consider authorizing the display of the commemorative Juneteenth Flag. The Juneteenth Flag uses the red, white, and blue of the United States flag to signify that enslaved people in the United States and their descendants all were and are Americans. The white star and its burst symbol on the flag represent newness and freedom. An image of the Juneteenth flag is provided below.

Item 9.e.

City Council
Consideration of Authorizing the Display of the Juneteenth Flag During the week of June 16-23, 2023, at City Hall
June 13, 2023

As the City is also displaying the Pride Flag during the month of June 2023 pursuant to unanimous Council direction provided at the regular City Council meeting held on May 23, 2023, it is recommended that the Juneteenth Flag be added to the first of two existing City Hall flag poles and under (at least a 6 inch separation) the existing U.S. Flag, while the Pride Flag is currently being flown on the second existing pole under the State and City of Arroyo Grande Flags. This follows the U.S. Department of Veterans Affairs guidelines for displaying the U.S. Flag with other flags, that requires the U.S. Flag appear on the viewer's left and/or at the highest point in a pole display.

ALTERNATIVES:

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

1. Authorize the display of the Juneteenth Flag during the week of June 16-23, 2023, at City Hall.

2. Do not authorize display of the Juneteenth Flag; or

3. Provide other direction to staff.

ADVANTAGES:

The display of the Juneteenth Flag represents the commemoration of the end of slavery in America, and the signing of S. 475 establishing Juneteenth National Independence Day, June 19, as a legal public holiday. The display of the Juneteenth Flag demonstrates the City’s commitment to diversity, equity, inclusivity, and justice.

DISADVANTAGES:

No disadvantages have been identified by displaying the Juneteenth Flag.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

Item 9.e.

City Council
Consideration of Authorizing the Display of the Juneteenth Flag During the week of June 16-23, 2023, at City Hall
June 13, 2023

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. Resolution 5083 and City of Arroyo Grande Policy on Display of Flags

ATTACHMENT 1

Item 9.f.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
BY: Isaac Rosen, City Attorney
SUBJECT: Approval of an Agreement Releasing Via Quitclaim the County’s Interest in City’s 400 W. Branch Real Property
DATE: June 13, 2023
SUMMARY OF ACTION:

Consideration of the attached, negotiated agreement with the County of San Luis Obispo, releasing the County’s interest in the approximately 4.26 acres at 400 W. Branch, Arroyo Grande (“Site”) via quitclaim deed, in exchange for City agreeing to use at least 25% of the proceeds of the City’s sale or lease of the Site for development of a new community center or other municipal facilities within Arroyo Grande (“Agreement”).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no direct financial impact related to the consideration of the Agreement with respect to 400 W. Branch. The Agreement does, however, set aside 25% from the eventual sale or lease price associated with the disposition of the Site for an identified, future City use.

RECOMMENDATION:
1) Authorize approval of the attached Agreement with the County in substantially final form, subject to minor changes approved by the City Manager in consultation with the City Attorney as necessary to effectuate the intent of the parties, and the recordation of the subject quitclaim deed with the County Registrar. 2) Make findings that approval of the Agreement with the County is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378).

BACKGROUND:

The City is planning the sale of certain City-owned parcels of land to eligible bidders. One planned disposition is for the Site at 400 W. Branch Street. The Site was formally declared surplus land by the City Council last year, and the City is current moving through the

Item 9.f.

City Council
Releasing Via Quitclaim the County’s Interest in City’s 400 W. Branch Real Property June 13, 2023

required Surplus Land Act process under State law. The City has a significant history with the County as it relates to the Site, the background of which is articulated in detail within the Recitals of the attached, negotiated Agreement. In short, when the City first acquired the Site, it accepted a restriction on the real property, that limited its development to municipal use. A subsequent agreement executed with the County provided that the Site could be used for municipal facilities, with other (allowed but restricted) uses if the County Board of Supervisors approved.

The City has been negotiating an agreement with the County, by which the County agrees to formally waive their interest in the Site, in exchange for an agreement specifying how a portion of the disposition price for the Site will be used. The attached Agreement reflects those negotiations.

ANALYSIS OF ISSUES:

Although no formally recorded deed restriction appears on the preliminary title report for the Site, there are binding agreements executed between the City and County that restrict how the Site may be developed. The parties have been negotiating an agreement by which the County formally agrees to release any and all interest in the Site, allowing the City the right to dispose of that real property free and clear.

In agreeing to relinquish any interest in the Site via quitclaim deed, the County is requiring the City agree to use at least twenty-five percent (25%) of the net proceeds from the sale or lease of the Site for the development of a new community center or other municipal facilities within Arroyo Grande (“Community Center Payment”). If the City has not made that set aside Community Center Payment within 5-years of the disposition of the Site, the City is required to meet and confer with the County (and every 5 years after that time) to discuss the anticipated time period associated with the expenditure of that Community Center Payment.

The City Manager and City Attorney recommend approval of the attached Agreement as a compromise that ensures the County will release their interest in the Site. By doing so the City has assurances that the County will not seek to assert any rights when that real property is ultimately disposed of by the City to a third party. The City and County are collaborating on the form of quitclaim deed that will be incorporated as an exhibit, to ensure it can be recorded with the County Record once the parties approve the substantive terms of this Agreement. The County Board of Supervisors is tentatively scheduled to consider this Agreement on July 11, 2023.

ALTERNATIVES:

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

1. Approve the attached, negotiated agreement with the County of San Luis Obispo, releasing the County’s interest in 400 W. Branch, Arroyo Grande via quitclaim deed; or

Item 9.f.

City Council
Releasing Via Quitclaim the County’s Interest in City’s 400 W. Branch Real Property
June 13, 2023

2. Provide other direction to staff.

ADVANTAGES:

As described above, approval of the Agreement will ensure the County does not assert any interest on the 400 W. Branch real property before, during or after the City’s planned disposition of the Site.

DISADVANTAGES:

No disadvantages have been identified by approval of the Agreement.

ENVIRONMENTAL REVIEW:

Approval of the Agreement with the County is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378).

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Agreement between the City and County Releasing Via Quitclaim the County’s Interest in City’s 400 W. Branch Real Property

65501.00003\41322131.2
ATTACHMENT 1
1 AGREEMENT
(400 W. Branch Street)
THIS AGREEMENT is made this ____day of __________, 2023, by and between the City of Arroyo Grande, California, a municipal corporation (hereinafter “City”) and the County of San Luis Obispo (hereinafter “County”).

RECITALS
WHEREAS, in 1989, the City Council of the City of Arroyo Grande adopted Resolution 2293, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, whereby the City purported to accept certain property, consisting of approximately 4.26 acres located at 400 W. Branch Street, from Mid Coast Land, which property is described in Exhibit B, attached hereto and incorporated herein by reference (the “Property”). The transfer was subject to deed restrictions limiting development to municipal office space use and conveying it to the County if it was not developed within ten years. Resolution 2293 referenced an exhibit with conditions stated thereon in the form of transfer of interest from Mid Coast Land and others; however, there is no exhibit attached and no transfer of ownership occurred as a result of Resolution 2293; and WHEREAS, in 1991 the City Council of the City of Arroyo Grande amended Resolution 2293 by adopting Resolution 2438, a copy of which is attached hereto as Exhibit C and incorporated herein by reference, whereby the City accepted the Property, but amending the transferor to be Royal Oaks Estates and allegedly correcting the legal description.

Resolution 2438 also included a provision that the Property was subject to deed restrictions, this time limiting development to municipal use and conveying it to the County if it was not developed within ten years; and
WHEREAS, in 1993 an agreement with the County was executed (the “1993 Agreement”), a copy of which is attached hereto as Exhibit D and incorporated herein by reference, Section 2, purported to amend the deed restriction to provide that the Property may be used for municipal facilities or, with the prior approval of the Board of Supervisors, leased to a nonprofit organization to fulfill a charitable purpose, including youth recreation, and contained a clause that if the provision was violated, the Property would revert back to the County; and
WHEREAS, the 1993 Agreement asserted that the City was the fee owner of Parcel 1 of Map AG-76-451, which is the property affected by the deed restriction amendment; however, Map AG-76-451 predated the subdivision of the property and in 1993 the referenced parcel no longer existed, having been subdivided into three parcels (only one of which the City owned, and which was referenced in the 1989 and 1991 Resolutions and the Partnership Grant Deed by which the Property was conveyed); and WHEREAS, in the 2009 Memorandum of Understanding (“MOU”) by and between the County of San Luis Obispo and the City of Arroyo Grande Regarding Acquisition of Property for the New Arroyo Grande Public Safety Facility and Removal of Deed Restriction on Recreation Site, a copy of which is attached hereto as Exhibit E and

65501.00003\41322131.2
ATTACHMENT 1
2 incorporated herein by reference, the City requested to remove the deed restriction from 1 acre of the total Property for the future sale of up to four residential lots to assist the City with the cost of developing a future recreation center on the remainder of the Property; and
WHEREAS, neither Resolution 2293, Resolution 2438, the 1993 Agreement, nor any deed restriction was ever properly recorded against the Property and no deed restriction appears on the preliminary title report for the Property; and WHEREAS, in 2006, the City executed a Lease Agreement with the 5 Cities Community Service Foundation (the “Foundation”) related to the construction and operation of a community sports and recreational facility on the Property. In April of 2010, the City and the Foundation then entered into a Development Agreement to facilitate the Foundation's construction and operation of a 53,712 square foot community sports and recreation center on the Property. The Foundation did not pursue the project and the City has indicated that the Lease has been or will be terminated; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations, and has determined that it is not suitable for the City's use. It is not otherwise being used by the City and no planned City facility or building that the City can financially afford is feasible to develop on the site; and WHEREAS, the City is now seeking to sell the Property and has declared the Property non-exempt surplus property pursuant to the Surplus Lands Act (Government Code Section 54220 et seq.), which requires that public entities must provide Notices of Availability to housing sponsors for the purpose of developing low and moderate income housing, and must also engage in good faith negotiations to sell the property with any housing sponsor that expresses an interest in acquiring the property; and WHEREAS, the parties recognize that the deed restrictions referenced in the Resolution accepting the Property from Royal Oaks Estates and the 1993 Agreement between the County and the City, as well as the Lease and Development Agreement with the Foundation, all create clouds and impediments to the ultimate sale and disposal of the Property, which interests will also need to be disclosed in the Notice of Availability.

Therefore, those clouds likely could impede the development on the Property; and WHEREAS, the original intentions of the parties with regard to the use of the Property that were contemplated when the City acquired the Property in 1991, as well as the modification of the restrictions by the 1993 Agreement with the County, are no longer relevant or necessary and the parties mutually desire to remove any clouds on the title of the Property that may exist as a result of those documents.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed by and between the parties as follows:

1. Recitals. The foregoing recitals are true and correct and incorporated herein.

65501.00003\41322131.2
ATTACHMENT 1
3 2. 1993 Agreement. County hereby agrees that the restrictions, agreements, and covenants set forth in the 1993 Agreement shall have no further force or effect with respect to the Property and shall cease to be an encumbrance on the Property. The County hereby waives any rights or claims that it may have under the 1993 Agreement or to the Property as of the execution of this Agreement.

3. Quitclaim Deed. County hereby agrees to execute a Quitclaim Deed in the form attached hereto as Exhibit F and incorporated herein by reference in favor of City. As of the date upon which the Quitclaim Deed is recorded in the Official Records of San Luis Obispo County, California, County will release and relinquish any and all interest it may have in the Property, including, but not limited to, any interest that may have been created by Arroyo Grande City Council Resolutions 2293 or 2438 or the 1993 Agreement.

4. Proceeds. In the event that the Property is sold or leased to a third party, within a reasonable amount of time after such sale or lease, City agrees to pay at least twentyfive percent (25%) (the “Community Center Payment”), of the net proceeds from the sale or lease of the Property for the development of a new community center or other municipal facilities within the Arroyo Grande area. Upon demand, City shall provide County with confirmation that it has complied with this section. In the event City fails to pay the Community Center Payment within five (5) years from the sale or lease of the Property, City shall meet and confer with the County, and every five years thereafter, about the anticipated time period for the expenditure of said funds. City’s meet and confer obligation shall cease once the funds are fully expended.

5. Acknowledgment of 2009 MOU. Notwithstanding anything herein, City and County agrees that nothing in this Agreement shall amend or modify any of the terms, conditions and obligations of the 2009 MOU.

6. Modification. No modification of this Agreement shall be effective unless set forth in a writing signed by all parties.

7. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation or an attempted violation or by suit to recover damages against any person or persons violating or attempting to violate any term, condition, covenant or restriction contained herein.

8. Governing Law. This Agreement has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of California.

9. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

10.Attorney’s Fees. If suit, arbitration or other action of any type or nature is brought to enforce any of the terms and conditions of this Agreement, be it in law or in equity, the

65501.00003\41322131.2
ATTACHMENT 1
4 prevailing party shall be entitled to an award of its attorney’s fees in addition to all other costs and/ or expenses of collection, suit, arbitration and/ or other action taken.

11. Authority of Parties. All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party.

12. Counterparts. This Agreement may be executed in one or more counterparts and each shall be deemed an original and all, taken together, shall constitute one and the same instrument.
[Signatures on following page.]
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written.

CITY OF ARROYO GRANDE:

By:

Caren Ray Russom, Mayor
ATTEST:

Jessica Matson, City Clerk
County of San Luis Obispo
By:

Chair, Board of Supervisors
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO FORM:

Rita Neal, County Counsel

65501.00003\41322131.2
ATTACHMENT 1
5 STATE OF CALIFORNIA )
) ss
COUNTY OF _____________ )
On ________________, before me, __________________________, personally appeared ________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person[s] whose name[s] [is or are] subscribed to the within instrument, and acknowledged to me that [he or she or they] executed the same in [his or her or their] authorized [capacity or capacities], and that by [his or her or their] signature[s] on the instrument the persons[s], or the entity upon behalf of which the person[s] acted, executed the instrument.

WITNESS my hand and official seal.
____________________________
[Signature of Notary Public]

EXHIBIT A

EXHIBIT B

DESCRIPTION
Lot C of Tract No. 1930, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map thereof, recorded August 2, 1988 in book 14, Page 73 of Maps, in the Office of the County Recorder of said County, and as amended by Certificate of Correction recorded February 7, 1989 in Book 3266, Page 428 of Official Records.

Except therefrom an undivided 5/12ths interest in and to all oil, gas and other hydrocarbon substances produced on said land, as reserved by William Quaresma, Joseph Quaresma, Edward Quaresma, Eveline Lovacz, formerty Eveline Quaresma, Ernest Olive and Lucille Olive Simas, in deed dated January 3, 1952 and recorded January 28, 1952 in Book 643, Page 426 of Official Records.

Said surface rights have been relinquished by certain documents recorded December 29, 1977 in Book 2036, Page 749 through 752 of Official Records; January 9, 1978 in Book 2039, Page 2 of Official Records; and August 17, 1979 in Book 2178, Page 840 of Official Records.
(END OF DESCRIPTION)

EXHIBIT C

EXHIBIT D

EXHIBIT E

65501.00001\41367390.1

EXHIBIT F

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
_____________
_____________
_____________
_____________
Above Space for Recorder’s Use
Assessor’s Parcel Number:

QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the County of San Luis Obispo , a public agency (“Grantor”), hereby remises, releases, and forever quitclaims to City of Arroyo Grande (“City”) all rights, title to, and interest in that property described and shown in Exhibit A, attached hereto ("Property").

IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below.

DATED: __________________ GRANTOR:

COUNTY OF SAN LUIS OBISPO
Name: ______________________________
Its: [Signatory]

65501.00001\41367390.1

EXHIBIT F

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
) ss.

County of _______________)
On _________________________ before me, __________________________________ (insert name and title of the officer) personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ ( S e a l )

65501.00001\41367390.1

EXHIBIT F

EXHIBIT A

THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF ARROYO GRANDE,

COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND IS DESCRIBED AND DEPICTED AS FOLLOWS:

INSERT LEGAL DESCRIPTION AND VISUAL OF PROPERTY

Item 9.g.

MEMORANDUM
TO: City Council
FROM: Whitney McDonald, City Manager
Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consideration to Authorize a Request for Proposals (RFP) to Conduct a Voter Opinion Survey and Public Education Services for a Potential Future Ballot Measure
DATE: June 13, 2023
SUMMARY OF ACTION:

Consider publishing a Request for Proposals (RFP) for voter opinion survey (“polling”) services as well as public education services for a potential future ballot measure.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
$115,000 for voter opinion survey and public education services has been identified in the preliminary Fiscal Year 2023-25 Biennial Budget. Significant staff resources will be utilized to coordinate the efforts.

RECOMMENDATION:

Authorize the City Manager to publish a Request for Proposals (RFP) for Voter Opinion Survey and Public Education services for an amount not to exceed $115,000.

BACKGROUND:

In August 2019, Council authorized the City Manager to enter into a Consultant Services Agreement with True North for voter opinion survey services for a potential Transaction & Use Tax (Sales Tax) measure on the November 2020 ballot. Polling was conducted in the Fall of 2019 and results were presented to Council in January 2020. In June 2020 Council discussed bringing forward a 1% Sales Tax measure on the November 2020 ballot and ultimately chose not to pursue the ballot initiative due the effects of the COVID19 pandemic. Approximately two years later, having continued to identify significant funding needs, particularly for the City’s infrastructure, pavement maintenance, stormwater systems, and sidewalks, the City Council again discussed the potential for seeking additional Sales Tax revenue through a new ballot measure. On May 24, 2022, Council approved placing a 1% local Sales Tax measure, Measure D-22, on the November 8, 2022 ballot.

Item 9.g.

City Council
Consideration to Authorize a Request for Proposals (RFP) to Conduct a Voter Opinion Survey and Public Education Services for a Potential Future Ballot Measure
June 13, 2023

On November 8, 2022, a General Municipal Election was held in the City which included Measure D-22, asking voters if the City shall be authorized to increase the Sales Tax by 1% to fund maintenance and repair of streets, sidewalks, stormwater and drainage facilities, and for other City programs and facilities. Measure D-22 did not pass, with

45.64% of the votes in favor of the measure.

On March 2, 2023, Council participated in a goal-setting study session and identified seven priorities:

1. Funding: New Revenue Sources, Economic Development;

2. Five Cities Fire Authority;

3. Address Current Infrastructure Needs;

4. General Plan;

5. Water Resilience;

6. Homeless/Housing; and

7. Staff Resources/Employee Attraction and Retention
The top four priorities were identified as the City’s focus for the upcoming two-year budget process.

ANALYSIS OF ISSUES:

When considering whether to place a ballot measure before the voters, cities generally undertake the following process:

1. Identify needed services and funding to provide those services;

2. Survey a statistically valid sample of residents to objectively evaluate voter preferences about a local ballot measure;

3. The City Council considers providing direction to City staff on whether to move forward with a ballot measure;

4. If moving forward with a ballot measure, the City provides public education that effectively communicates about the measure, including how measure funds could be used and how accountability will be provided;

5. Place a measure on the ballot and await election results.

As discussed during several City Council meetings over the past three years, the City is facing significant financial constraints due to is current revenue sources not keeping pace with increasing costs of services, supplies, and capital projects. For example, the City’s pavement engineering expert has advised that the City requires $6.25 million in investments every year in order to maintain the current pavement condition index, which is already bordering on “poor.” Historically, the City has been able to invest an average of approximately $1.25 million each year. Other significant funding challenges include the City’s fire and emergency services provided by the Five Cities Fire Authority. The City’s required contribution to the FCFA is increasing by approximately $1.2 million in Fiscal

Item 9.g.

City Council
Consideration to Authorize a Request for Proposals (RFP) to Conduct a Voter Opinion Survey and Public Education Services for a Potential Future Ballot Measure
June 13, 2023

Year 2023-24, and it is anticipated that costs will continue to increase each year. During the City Council goal-setting study session held on March 2, 2023, the City Council identified funding, including a potential revenue measure, as a top priority for the City’s upcoming budget cycle. To help support this goal, staff recommends issuing an RFP for consultant services to complete a voter opinion survey regarding a potential revenue measure and to provide public education services surrounding a potential measure, if one is pursued.

An RFP has been prepared for the combination of Voter Opinion Survey services and Public Education services for an amount not to exceed $115,000 (Attachment 1). Staff anticipates presenting to Council a proposed agreement for the identified services in August.

ALTERNATIVES:

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

1. Authorize the City Manager to publish an RFP for Voter Opinion Survey and Public Education services for an amount not to exceed $115,000;

2. Modify the RFP and authorize the City Manager to publish the RFP;

3. Do not authorize the RFP; or

4. Provide other direction to staff.

ADVANTAGES:

Moving forward with a Voter Opinion Survey will assist the Council in identifying community perspectives on services and potential support of a future ballot measure. By including public education services in the same RFP, and potential contract for services, will allow for an efficient and coordinated approach to both the survey and outreach services should Council direct that a ballot measure be pursued.

DISADVANTAGES:

Contracting with professional research and public education teams is expected to cost $90,000 to $115,000.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed RFP for Voter Opinion Survey and Public Education services

ATTACHMENT 1
Page | 1

REQUEST FOR PROPOSAL
FOR

VOTER OPINION POLLING AND

PUBLIC EDUCATION AND OUTREACH SERVICES
RELEASE OF RFP: JUNE 14, 2023
DEADLINE FOR PROPOSALS: JULY 21, 2023

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

INTRODUCTION
The City of Arroyo Grande (City), incorporated in 1911, is located on the California Central Coast midway between Los Angeles and San Francisco. The City is 5.45 square miles in area at an elevation of 114 feet, with a population of 18,469. The City is nestled between the Pacific Ocean, beautiful foothills, lakes, and world-class wineries, with fine homes, fine schools, and a thriving agricultural and tourism-based economy.

The City seeks to request proposals for voter opinion polling and public education/outreach services for a potential ballot measure in November 2024. The last voter opinion poll was conducted in 2019. In November 2022, the City placed a 1% Transaction & Use (Sales Tax) measure on the ballot. The measure did not pass.

Polling results will provide the necessary data for objective information for analysis by the City for consideration of a revenue measure on the November 2024 ballot. In the event the City moves forward with a ballot measure, the City is also seeking public education and outreach services.

SCOPE OF WORK
The City seeks a qualified consultant with a strong understanding of the Arroyo Grande community and demonstrated experience in business and residential community education and outreach. The City is considering submitting to the voters a local ballot measure that could generate revenue for public safety, infrastructure, and other services. Accordingly, the necessary experience and the services sought must include the following:

1. Voter opinion research and consulting services relating to revenue measures.

2. Performance of a community survey regarding a revenue measure, attitudes, and information sources, which includes, but is not limited to, a survey in relation to the forgoing (including drafting thereof).

3. Assisting with related public education and outreach on the above items (including the impact thereof), if requested.

4. Other related activities as may be requested by the City.

Public opinion research, education, and outreach in relation to the forgoing is paramount for a clear understanding of community needs, attitudes and information sources regarding the potential ballot measures and to educate the community on how the ballot measures may impact the City budget and programs. These Services shall include, but are not limited to, the following:

1. Methodology Development. Develop a methodology of communication to the community. This should include planned methods of communication (e.g., meetings, phone calls, flyers, mail surveys, etc.) and public opinion research.

2. Public Opinion Research. Produce, in English and Spanish, survey(s) (by electronic/physical written and telephone) of a sample size recommended by the consultant of voters. Consultant shall:
a. Develop and design a survey questionnaire (in English and Spanish) in consultation with the City, including closed-ended and demographic questions (“Survey”). b. Conduct telephone interviews using the Survey in both Spanish and English. c. Conduct an online survey using the Survey that will include at least two (2) email invite and two (2) text message reminders to those individuals that did not respond to such invitations. This includes internet hosting services for the Survey.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
d. Generate topline and cross tabulations of Survey results in an easy-to-read and comprehensive format of the City’s choosing.
e. Carry out the necessary data entry and analysis and any necessary reporting relating to the Survey.
f. Develop presentation and reporting materials for the Survey, including, but not limited to, a presentation of key findings of the Survey to the City Council and City staff as requested. This shall include, but not be limited to, a PowerPoint presentation. g. Provide ongoing consultation and further analysis of the Survey and research conducted pursuant to these Services.
h. Present detailed Survey and research results to the City Council if requested. i. Provide professional translation of any Services or tangible work product that is prepared and delivered pursuant to the services.
j. Provide raw data from the Survey in electronic form in a file format chosen by the City.

This raw data shall include, but not be limited to, the topline results of the Survey questionnaire; a complete set of crosstabs in an easy-to-read, comprehensive format; and verbatim responses to any open-ended questions.
k. Provide graphic design services for all related materials.

3. Public Education and Outreach. Provide a calendar of activities and actions planned for the duration of the education and outreach effort. If the City proceeds with a ballot measure, Consultant shall engage in public education and outreach to ensure voters are informed and understand the proposed measure. This includes, but is not limited to, the following:
a. Provide written and oral communication in English and Spanish as requested by the City. b. Develop webpage information for the City’s website for public review and provide content improvements when requested.
c. Develop and design at least one (1) community, informational mailer. d. Provide graphic design services for all related materials. e. Facilitate community group meetings in coordination with City staff. f. Be responsible for receiving written reports/correspondence relating to all public education and outreach.

4. Reporting. Track public opinion research and education and outreach efforts and provide feedback to City staff that outlines program progress with written monthly and/or quarterly progress reports. Reports shall include information such as outreach events and activities, materials distributed, referrals, number of persons and businesses contacted, outcomes, and/or other information as requested by the City. Consultant shall also prepare information and statistical data for City Council members and City staff.

5. Additional Costs. Include cost analysis for each additional 100 responses, as outlined in #2, Public Opinion Research. Detail the statistical improvement based on receiving greater than the minimum of 300 responses. Consultant may include additional tasks and costs that are not identified in the scope of services.

The consultant(s) should be prepared to provide opinion research results and recommendations to the City Council in early 2024.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

PROJECT SCHEDULE
Preliminary Schedule Tasks
June 14, 2023  Release of RFP
July 21, 2023  Proposals Due
July 28, 2023  Complete proposal evaluations
Week of July 31, 2023  Conduct finalist interviews and finalize recommendation August 23, 2023  Execute Contract
September 1, 2023  Start Work
January 2024  Provide information to City Council
November 2024  Potential Ballot Measure

PROJECT BUDGET
Not to exceed $115,000 combined for both Voter Opinion Polling Services and Public Education based on projected time and resources.

GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

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

2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials.

Proposal documents shall be sent either electronically to [email protected] or a paper copy can be enclosed in an envelope that shall be sealed and addressed to the City of Arroyo Grande Attn: Jessica Matson, City Clerk, 300 E. Branch Street, Arroyo Grande, CA 93420. To guard against premature opening, the proposal should be clearly labeled with the proposal title, name of bidder, and date and time of proposal opening.

3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.

The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Exhibit C.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be included in the proposal. Any lump sum bid shall be stated in figures.

5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Clerk for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting Bids/Requesting Proposals” will be considered.

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

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

CONTRACT AWARD AND EXECUTION

8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. By submitting a proposal, proposer agrees to the substantive terms contained within this RFP and the draft, attached Professional Services Agreement, subject to changes made in City’s sole discretion.

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

10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.

CONTRACT PERFORMANCE

11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section 3.3.11 of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

12. Business License & Tax. The Contractor must have a valid City of Arroyo Grande business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 473-5400.

13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations.

14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable county, state, and federal laws, and City of Arroyo Grande ordinances, regulations, and adopted codes during its performance of the work.

15. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

16. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

17. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

18. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.

19. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor.

20. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

21. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.

22. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed.

The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City.

23. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials,

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs.

(d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract.

The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.

24. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.

25. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement.

For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods.

26. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency.

If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except,

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.

In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the workin-progress in completing the overall work scope.

The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal.

PROPOSAL CONTENT
Proposal Content. Your proposal must include the following information:

Submittal Forms
 Proposal submittal summary.
 Certificate of insurance.
 References from at least three firms for whom you have provided similar services.  At least two sample voter opinion surveys and examples of related public outreach materials and/or website you have produced for a public sector client in the past five years.  Assurance that data and information regarding the required services can be provided and collaborated on digitally.

Qualifications
 Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request.  Resumes of the individuals who would be assigned to this project, including any subconsultants, with their corollary experience highlighted and specific roles in this project clearly described.
 Standard hourly billing rates for the assigned staff, including any sub-consultants.  Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project.

Work Program
 Detailed description of your approach to completing the work.  Detailed schedule by task and sub-task for completing the work.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
 Estimated hours for your staff in performing each phase and task of the work, including subconsultants, so we can clearly see who will be doing what work, and how much time it will take.
 Detailed budget by task and sub-task for completing the work.  Services or data to be provided by the City.
 Services and deliverables provided by the Consultant(s).  Any other information that would assist us in making this contract award decision.  Description of assumptions critical to development of the response which may impact cost or scope.
 Availability of consultant to present findings to City Council.

Requested Changes to Terms and Conditions
The City desires to begin work soon after selecting the preferred Consultant Team. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary.

Proposal Length
Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials.

Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria:
 Understanding of the work required by the City.
 Quality, clarity and responsiveness of the proposal.
 Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City.
 Recent team experience in successfully performing similar services.  Creativity of the proposed approach in completing the work.  Value.
 Writing skills.
 References.
 Background and experience of the specific individuals managing and assigned to this project.

As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award:
 Issue RFP 06/14/2023
 Receive proposals 07/21/2023
 Complete proposal evaluations 07/28/2023
 Conduct finalist interviews and finalize recommendation 07/31/2023 (week of)  Execute contract 08/23/2023
 Start work 09/01/2023
Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand.

Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City.

Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense.

Required Deliverable Products. The Contractor will be required to provide:
 One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP.  Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager:

Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
 City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate.

ALTERNATIVE PROPOSALS
 Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s).  Attendance at Meetings and Hearings. As part of the work scope and included in the contract price is attendance by the Contractor at up to one public meeting to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks; such meetings may be telephonic or computer based using standard collaboration tools.
 Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.

To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal.

In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education

FORM OF AGREEMENT

CITY OF ARROYO GRANDE

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Arroyo Grande, a municipal corporation organized under the laws of the State of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California 93420, County of San Luis Obispo, State of California ("City") and __________, a __________, with its principal place of business at _____________ ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing _________ services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the ____________ project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional _________ consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from ___________ to ____________, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall

City of Arroyo Grande
RFP for Voter Opinion Polling/Public Education
not exceed __________ ($_______) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that

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certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
___________.

3.3.5 City's Representative. The City hereby designates Jessica Matson, City Clerk, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates ___________, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

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3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the

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Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to

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transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial

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General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance

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in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant’s behalf are Consultant’s employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: __________________
__________________
__________________
ATTN: ____________
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Jessica Matson, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any

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patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Luis Obispo County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this

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Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of

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which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ARROYO GRANDE AND
________________
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF ARROYO GRANDE [CONSULTANT]
By:

Its:

Printed Name:

By:

Its:

Printed Name:

Approved By:

Caren Ray Russom
Mayor
Approved as to Form:
_____________________________________
Isaac Rosen, Best Best & Krieger LLP
City Attorney
Attested By:

Jessica Matson, City Clerk

City of Arroyo Grande
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EXHIBIT "A"

SCOPE OF SERVICES

City of Arroyo Grande
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EXHIBIT "B"

SCHEDULE OF SERVICES

EXHIBIT "C"

COMPENSATION

Item 9.h.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
DATE: June 13, 2023
SUMMARY OF ACTION:

Approval of the Engineer’s Reports and adoption of the associated Resolutions declaring the City’s intention to levy and collect assessment fees for maintenance and landscaping for the Parkside Village Assessment District and Grace Lane Assessment District and the Arroyo Grande Landscaping and Lighting Assessment District No. 1 within Tract 1769.

No changes to the assessment fee amounts are proposed at this time nor are any new improvements or substantial changes in existing improvements proposed for Fiscal Year (FY) 2023-24.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The City created three assessment districts to provide landscaping and other specified maintenance. The assessments are placed on the affected property owner’s tax roll each year. The total amount of revenue to be received from the assessment districts in FY 2023-24 is approximately $56,298.

RECOMMENDATION:
1) Approve the Engineer’s Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-2024; 2) Adopt Resolutions declaring the intention to levy and collect assessments for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-2024; 3) Set a public hearing for June 27, 2023 at 6:00 p.m. for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, to consider levying the property assessments; and 4) Make findings that the Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure

Item 9.h.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
June 13, 2023

will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.)
BACKGROUND:

Arroyo Grande Landscaping and Lighting Assessment District No.1 within Tract 1769 On June 9, 1992, Arroyo Grande Landscaping and Lighting Assessment District No. 1 within Tract 1769 was created to provide landscaping and lighting improvements and maintenance for Tract 1769. The total assessment was $100 per parcel located within Tract 1769 (a total of $3,000). Improvements in Landscaping and Lighting Assessment District No. 1 include but are not limited to landscaping and ornamental vegetation in the public rights of way.

Current status:
 Assessment income remains at $3,000 annually.
 Potential Annual Expenditures (work improvements), if done annually, would exceed the annual fund balance by approximately $300.
 Expenditures/Work Improvements are completed as funding accumulates to a point where costs can be covered. If no services are needed and/or the annual engineering report is less in scope, these fees are not expended and can be carried over to the next fiscal year fund balance.
 The work improvements to be financed and maintained through this particular assessment district are related to landscape maintenance only. These services do not cover public safety work such as fire and fuel management as required in other districts.

Parkside Village Assessment District
On November 8, 2005, at the request of Parkside Village LLC, the sole owner and developer of the Parkside Village Subdivision (Tract 2310), the City Council approved the formation of the Parkside Village Assessment District. The improvements (maintenance and servicing) in the Parkside Village Assessment District include, but are not limited to:
 Areas bordering Farroll Road, Bakeman Lane entrances, behind and along Bakeman Lots 10, 11, 12 and 13 of Phase 1;
 Mini park pedestrian pathway easement and drainage basin;  Fencing, gates and walls bordering Farroll Road, Bakeman Lane entrances, behind and along Bakeman Lots 10, 11, 12 and 13, park and drainage basin;  Pathway easement, lighting and all improvements between lots 1, 2, and 3 between Dixson Street and the mini park, the mini park and all improvements to include walkways, play area, benches and basketball court on Lot 24; and  Drainage retention basin, and all improvement including the water separator on Lot 25 and French drains along the East boundary of Tract 2310-2.

Item 9.h.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
June 13, 2023

Current status:
 Assessment income remains at $43,966 annually.
 Potential Annual Expenditures (work improvements) average $30,000 to $35,000 annually and do not exceed the annual income.
 Expenditures/Work Improvements are completed as needed and through a licensed landscape contractor.
 The work improvements to be financed and maintained through this particular assessment district are landscaping and irrigation of common areas, maintenance of fencing and block walls, maintenance of a detention basin and drainage facilities, and partial park maintenance. The expanded infrastructure (detention basin, surrounding metal fencing and small park) require a larger fund balance in anticipation of eventual replacement of these facilities. Assessment income not spent on annual maintenance is accrued to cover these replacement costs in the future.

Anticipated work in the next FY 2024-25 for the Parkside Village Assessment District is the replacement of the playground equipment and other improvements to the park area.

In coordination with residents, conceptual design will take place. Using the results of the conceptual design, cost estimates will be developed and reviewed to create a preliminary project that will also have full consultations with the resident group prior to the bidding and awarding of the project.

Grace Lane Assessment District
On November 28, 2006, at the request of Vista Robles LLC, the sole owner of the Grace Lane Subdivision (Tract 2236) at that time, the City Council approved the formation of the Grace Lane Assessment District. The annual assessments are $460 or $608 per parcel for a total annual assessment of $9,332. Maintenance and servicing of the improvements in the District include but are not limited to: 1) a pedestrian trail across the open space property (Lot B) including, but not limited to, the existing informal hiking trail currently passing through Lot B, signage, and fencing; 2) common areas and facilities, including but not limited to the open space parcels and drainage facilities; 3) open space maintenance in accordance with fuel modification specifications; and 4) the common drive area (not within the parcel boundaries) and associated improvement for Lots 16 through

19. Current status:
 Assessment income remains at $9,332 annually.
 Potential Annual Expenditures (work improvements) average $10,000 and are beginning to exceed the annual income.
 Contractual services costs through the California Conservation Corps (CCC) are steadily increasing but have also kept the overall maintenance costs lower due to the routinely lower costs of labor versus a private contractor.

Item 9.h.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
June 13, 2023

 Expenditures/Work Improvements are completed as needed and through a 3-year service contract with the CCC.
 The work improvements to be financed and maintained through this particular assessment district are fuel modification in common areas and the adjacent large open space area; maintenance of drainage easement area and storm drain facilities; public trail maintenance; and a seal coat approximately every 5 years and a 2” A.C. overlay approximately every 20 years to the common driveway area to lots 16-19.
 A seal coat application was anticipated last year, however, after a field evaluation, it was determined that the seal coat application could be delayed. A recent evaluation confirmed the need for a new seal coat this fiscal year to the common area of the driveway that accesses lots 16-19. This common driveway is located directly across the street from Grace Bible Church.

At the April 11, 2023 City Council meeting, the Council adopted Resolution Nos. 5281, 5282, and 5283 ordering the preparation and filing of annual engineer’s reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract No. 1769.

Subsequently, draft Engineers’ Reports were prepared by a consultant under contract with the City, which are on file with the City Clerk and have been provided to the City Council.

ANALYSIS OF ISSUES:

The California Streets and Highways Code Sections 22500 et seq., (California Landscape and Lighting Act of 1972) (Act), contains the process by which local governmental agencies form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas. The Act requires the City to complete the following process each fiscal year in order to levy and collect assessments:
 Adopt a Resolution describing any proposed new improvements or any substantial changes in existing improvements and ordering preparation and filing of an engineer’s report.

The City Council adopted Resolution Nos. 5281, 5282, and 5283 on April 11, 2023, ordering the preparation of engineer’s reports for the three Assessment Districts. No new improvements or substantial changes in existing improvements are proposed for FY 2023-24.
 Approve the Engineer’s Report and adopt a Resolution of Intention declaring the City Council’s intention to levy and collect assessments under the subject assessment districts for the upcoming fiscal year. The Resolution also states whether the assessment is proposed to change from the previous year and sets a date, hour and place for a public hearing.

Item 9.h.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
June 13, 2023

Attached are draft proposed resolutions accomplishing this task. No changes to the assessments are proposed.
 Conduct the public hearing affording all interested parties the opportunity to hear and be heard.

To be scheduled for June 27, 2023.
 Adopt a Resolution confirming the assessment, which constitutes the levy of the assessments for the 2023-24 fiscal year.

To be scheduled for June 27, 2023.

Upon fulfillment of these requirements, the City must submit the assessments to the County of San Luis Obispo for inclusion on the FY 2023-24 property tax roll.

ALTERNATIVES:

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

1. 1) Approve the Engineer's Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-2024; 2) Adopt Resolutions declaring the intention to levy and collect assessments for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2023-2024; and 3) Set a public hearing for June 27, 2023 at 6:00 p.m. for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, to consider levying the property assessments; or

2. Request changes or clarification to the Engineers’ Reports and/or Resolutions and approve as modified; or

3. Provide staff other direction.

ADVANTAGES:

Adoption of the Resolutions will be in compliance with the Act and allow the City to move forward with the process to levy assessments.

DISADVANTAGES:

No disadvantages for the proposed actions have been identified.

ENVIRONMENTAL REVIEW:

Class 2 exemption: Replacement or reconstruction. The Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing

Item 9.h.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
June 13, 2023

structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.) Although there are no proposed projects to replace or reconstruct existing structures or facilities in the next FY 2023-24, the process to levy and assessment district(s) does consider these types of projects, therefore, the Class 2 Exemption applies.

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 – Parkside Village Assessment District

2. Proposed Resolution – Grace Lane Assessment District

3. Proposed Resolution - Arroyo Grande Landscaping and Lighting District No. 1, Tract 1769

4. Engineer’s Report – Parkside Village Assessment District

5. Engineer’s Report – Grace Lane Assessment District

6. Engineer’s Report – Arroyo Grande Landscaping and Lighting District No. 1, Tract 1769

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING ITS INTENTION TO LEVY

AND COLLECT ANNUAL ASSESSMENTS RELATED TO

THE PARKSIDE VILLAGE ASSESSMENT DISTRICT FOR
FISCAL YEAR 2023-2024
WHEREAS, on November 8, 2005, the City Council of the City of Arroyo Grande adopted Resolution No. 3888 ordering the formation of the Parkside Village Assessment District (“District”) under Part 2 of Division 15 of the California Streets and Highways Code 22500- 22679 (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and
WHEREAS, the said improvements in the District include but are not limited to :

Landscaping bordering Farroll Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12 and 13 of Phase 1, mini park pedestrian pathway easement and drainage basin; fencing, gates and walls bordering Farroll Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12 and 13, park and drainage basin; the pathway easement, lighting and all improvements between lots 1, 2, and 3 between Dixson Street and the mini park, the mini park and all improvements to include walkways, play area, benches and basketball court on Lot 24; the drainage retention basin and all improvement including the water separator on Lot 25 and French drain)s) along the East boundary of Tract 2310-2; and
WHEREAS, the City Council, at its meeting of June 13, 2023, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for the District.

WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Parkside Village Assessment District Fiscal Year 2023-24, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, and the boundaries of the proposed assessments upon assessable lots and parcels of land.

NOW, THEREFORE, BE IT RESOLVED by 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. That the City Council hereby declares that it is its intention to seek the annual levy of assessments for the District pursuant to Streets and Highways Code Chapter 3, Section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2023-2024 within the boundaries of the District described herein and in more detail within the Engineer’s Report.

3. The improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the prior year.

4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Streets and Highways Code Section 22628.

5. That notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 27, 2023 at 6:00 p.m. or as soon thereafter as feasible at the City Council Chambers, 215 E. Branch Street, Arroyo Grande, California, 93420 or via teleconference as follows: Zoom Meeting:
https://us02web.zoom.us/j/86752345420; or by Telephone: 1-669-900-6833; 1-346- 248-7799.

6. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices.

7. That the action is categorically exempt from the California Environmental Quality Act under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.)
On motion of , seconded by , and on the following roll call vote, to wit:

AYES:

NOES:

RESOLUTION NO.

PAGE 3
ABSENT:
the foregoing Resolution was passed and adopted this 13 th day of June, 2023.

RESOLUTION NO.

PAGE 4

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING ITS INTENTION TO LEVY

AND COLLECT ANNUAL ASSESSMENTS RELATED TO

THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL
YEAR 2023-2024
WHEREAS, on November 28, 2006, the City Council of the City of Arroyo Grande adopted Resolution No. 3976 ordering the formation of the Grace Lane Assessment District (“District”) under Part 2 of Division 15 of the California Streets and Highways Code sections 22500-22679 (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and WHEREAS, the said improvements in the District include but are not limited to: 1) a pedestrian trail across the open space property (Lot B) including, but not limited to, the existing informal hiking trail currently passing through Lot B, signage, fencing; 2) common areas and facilities, including but not limited to the open space parcels and drainage facilities; 3) open space and maintenance thereof in accordance with fuel modification specifications as described in Mitigation Measure No. 15 in Resolution No. 3732 of the City Council of the City of Arroyo Grande; and 4) a private drive and associated improvement for Lots 16 through 19; and
WHEREAS, the City Council, at its meeting of June 13, 2023, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for the District; and WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Grace Lane Assessment District Fiscal Year 2023-24, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the assessment District, and the proposed assessments upon assessable lots and parcels of land within the District.

NOW, THEREFORE, BE IT RESOLVED by 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. That the City Council hereby declares that it is its intention to seek the annual levy of assessments for the District pursuant to Streets and Highways Code section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2023-2024 within the boundaries of the District described herein and in more detail within the Engineer’s Report.

3. That the improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the prior year.

4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of proposed assessments for the improvements related thereto in accordance with Streets and Highways Code section 22628 et seq.

5. That notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 27, 2023 at 6:00 p.m. or as soon thereafter as feasible at the City Council Chambers, 215 E. Branch Street, Arroyo Grande, California, 93420 or via teleconference as follows: Zoom Meeting:
https://us02web.zoom.us/j/86752345420; or by Telephone: 1-669-900-6833; 1-346- 248-7799.

6. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices.

7. That the action is categorically exempt from the California Environmental Quality Act under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.)
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 13th day of June, 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 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING ITS INTENTION TO LEVY

AND COLLECT ANNUAL ASSESSMENTS RELATED TO

THE ARROYO GRANDE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769,
FOR FISCAL YEAR 2023-2024
WHEREAS, on May 12, 1992, the City Council of the City of Arroyo Grande adopted Resolution No. 2932 ordering the formation of Arroyo Grande Landscaping and Lighting Assessment District No. 1 (“District”), within Tract 1769, under Part 2 of Division 15 of the California Streets and Highways Code sections 22500-22679 (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and
WHEREAS, improvements in the District include but are not limited to: landscaping and ornamental vegetation in the public rights of way; and
WHEREAS, the City Council, at its meeting of June 13, 2023, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for District.

WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Parkview, Landscaping District 1 Tract 1769 Fiscal Year 2023-24, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the assessment District, and the proposed assessments upon assessable lots and parcels of land within the District.

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

1. The foregoing recitals are true and correct and are incorporated herein.

2. That the City Council hereby declares that it is its intention to seek the annual levy of assessments for the District pursuant to Streets and Highways Code section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and

RESOLUTION NO.

PAGE 2
operations related thereto for Fiscal Year 2023-2024 within the boundaries of the District described herein and in more detail within the Engineer’s Report.

3. The improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the prior year.

4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of proposed assessments for the improvements related thereto in accordance with Streets and Highways Code section 22628 et seq.

5. That notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 27, 2023 at 6:00 p.m. or as soon thereafter as feasible at the City Council Chambers, 215 E. Branch Street, Arroyo Grande, California, 93420 or via teleconference as follows: Zoom Meeting:
https://us02web.zoom.us/j/86752345420; or by Telephone: 1-669-900-6833; 1-346- 248-7799.

6. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices.

7. That the action is categorically exempt from the California Environmental Quality Act under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. (State CEQA Guidelines, § 15302.)
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 13 th day of June, 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

Final Engineer’s Report
for
Parkside Village Assessment District
Fiscal Year 2023-24
City of Arroyo Grande
State of California
Prepared for:

City of Arroyo Grande
Prepared by:

Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
May 26, 2023
ATTACHMENT 4

Parkside Village Assessment District
Fiscal Year 2023-24

Table of Contents
CERTIFICATES ............................................................................................................................................. 1-1 INTRODUCTION ENGINEER’S REPORT ........................................................................................................ 2-1 ENGINEER’S REPORT .................................................................................................................................. 3-1 PART A: PLANS AND SPECIFICATIONS ........................................................................................................ 4-1 PART B: ESTIMATE OF COST ....................................................................................................................... 5-1 PART C: ASSESSMENT DISTRICT DIAGRAM ................................................................................................. 6-1 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT ......................................................................... 7-1 PART E: ASSESSMENT ROLL ........................................................................................................................ 8-1

Parkside Village Assessment District
Fiscal Year 2023-24

1-1

CERTIFICATES

CITY OF ARROYO GRANDE

PARKSIDE VILLAGE ASSESSMENT DISTRICT
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Wallace Group, respectfully submits the attached Engineer’s Report as directed by the City of Arroyo Grande pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highway Code. The Undersigned certifies that he/she is a Professional Engineer registered in the State of California.

Engineer of Work:__________________________ Dated:___5/26/23____________ Kari Wagner, P.E.

Principal
Wallace Group
CA# 66026
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed by me on the _____ day of ______________ 2023.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

Parkside Village Assessment District
Fiscal Year 2023-24

1-2
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Arroyo Grande, San Luis Obispo County, California on the _____ day of ______________ 2023.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of San Luis Obispo, on the _____ day of ______________ 2023.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

Parkside Village Assessment District
Fiscal Year 2023-24
2-1
INTRODUCTION ENGINEER’S REPORT

CITY OF ARROYO GRANDE

PARKSIDE VILLAGE ASSESSMENT DISTRICT
FISCAL YEAR 2023-24
To ensure a flow of funds for the construction, operation, maintenance and servicing of specified improvements within the boundary of the subdivision known as Parkside (Tract Maps 2310-1 and 2310-2); the City Council will approve the City of Arroyo Grande’s Parkside Village Assessment District (“The District”) this fiscal year. As required by the Landscaping and Lighting Act of 1972 (“The Act”), this Engineer’s Report describes the improvements to be constructed, operated, maintained and serviced by the District for Fiscal Year 2023-24, provides an estimated budget for the District and lists the proposed assessments to be levied upon each assessable lot within the District. The boundaries of the District are shown on the Assessment Diagram and incorporated into this report as Part “C”.

The cost of operation, maintenance and servicing of the improvements to be funded by the District will be apportioned to each lot within the District in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the City Council, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year, they will be subject to the noticing and balloting procedures referenced in Proposition 218.

Payment of the assessment for each lot will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

The City Council will hold a meeting on June 27, 2023 to provide an opportunity for any interested person to be heard. At the conclusion of the meeting, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution and recordation of the District’s Tract Maps, the Final Assessor’s Roll will be prepared and filed with the San Luis Obispo County Auditor’s office to be included on the Fiscal Year 2023-24 tax roll.

Parkside Village Assessment District
Fiscal Year 2023-24
3-1
ENGINEER’S REPORT
ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF

THE CALIFORNIA STREETS AND HIGHWAY CODE

CITY OF ARROYO GRANDE

PARKSIDE VILLAGE ASSESSMENT DISTRICT
FISCAL YEAR 2023-24
Pursuant to the Landscaping & Lighting Act of 1972 of the Streets and Highways Code of the State of California, commencing with Section 22500, this Engineer’s Report submitted to the City Clerk of the City of Arroyo Grande in connection with the proceedings of the City Council to consider the continuation of the Parkside Village Assessment District, Kari Wagner, PE, duly-authorized representative of Wallace Group, consultant to the City, submits this Engineer’s Report consisting of the following parts:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements of the District. Preliminary design documents for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Engineer of the City of Arroyo Grande, and are incorporated herein by reference. Plans are incorporated into the assessment diagram, listed as Exhibit “C”, as allowed under Section 22568 of the Act. Exhibit “C” displays the District as consisting of 2 zones:
one (1) and two (2). The Plans and Specifications remain consistent with the approved Parkside Village Assessment District, as approved on December 19th, 2005.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposal improvements for fiscal year 2023-24, including incidental costs and expenses in connection therewith, as set forth on the lists thereof, attached hereto.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates, by reference, a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District. This Diagram had been prepared for the approved Engineer’s Report approved December 19th, 2005. The lines and dimensions of each lot within the District are those lines and dimensions to be shown on the maps of the San Luis Obispo County Assessor following the recordation of Tract Maps 2310-1 and 2310-2.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part describes the method of apportionment based upon the parcel classification of land within the District, and in proportion to the estimated benefits to be received.

Parkside Village Assessment District
Fiscal Year 2023-24
3-2
PART E: ASSESSMENT ROLL
This part contains a description of each lot of property proposed to be subject to the assessment, including the amount of the assessment on each lot for Fiscal Year 2023-24.

Parkside Village Assessment District
Fiscal Year 2023-24
4-1
PART A: PLANS AND SPECIFICATIONS
The Plans and Specifications are per the original adopted Engineer’s Report, dated December 19th, 2005. No Changes in services are being made at this time.

DESCRIPTION OF IMPROVEMENTS
The following improvements are proposed to be operated, maintained, and serviced in the Parkside Village Assessment District for Fiscal Year 2023-24.

Landscaping and Block Walls along Farroll Avenue and Bakeman North, a Park, a Detention Basin and Water Separator, a Sidewalk and Path to Parks, Fencing, and a French Drain.

Services include but are not limited to: personnel; contractual services; grading; clearing; removal of debris; installation or reconstruction of said improvements at the end of their expected lifespan; and any other items necessary for the maintenance or servicing of the facilities.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, park or appurtenant facilities; providing for the live, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.

Parkside Village Assessment District
Fiscal Year 2023-24
5-1
PART B: ESTIMATE OF COST
The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing, of landscaping and appurtenant facilities can be recovered by the District. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process can also be included. Annual levy reports will be prepared to update the District budget and assessments. Annual cost indexing of the maximum authorized assessments will be tied to the regions Consumer Price Index (CPI).

The proposed operation, maintenance and servicing costs for Fiscal Year 2023-24 are summarized below.

As Preliminarily
Approved
As Confirmed and
Recorded
Approximate Fund Balance (7/1/23)
1 $483,334
2023-24 Assessment Income2 $43,966
Less Estimated Expenditures3($34,680)
Estimated Fund Balance (6/30/24) $495,154
1 The estimated balance as of July 1, 2023 for Parkside Village Assessment District provided by City of Arroyo Grande.
2 A CPI Adjustment was not made for 2023/24 fiscal year. 3 Expenditures include $32,380 for services and supplies and $2,300 for administration.

See original Engineer’s Report Exhibit “A” for details on costs of improvements.

The 1972 Act requires that a special fund be set up for revenues and expenditures of the District. Funds raised by the assessments shall be used for the purpose as stated herein. Any balance remaining on July 1 must be carried over to the next Fiscal Year unless the funds are being accumulated for future capital improvements and operating reserves.

Parkside Village Assessment District
Fiscal Year 2023-24
6-1
PART C: ASSESSMENT DISTRICT DIAGRAM
Properties located within the proposed City of Arroyo Grande Parkside Village Assessment District are within the subdivision known as Parkside (Tract Maps 2310-1 and 2310-2).

The lines and dimensions of each lot within the District are those lines and dimensions shown on the Tract Maps approved by the City of Arroyo Grande Department of Public Works for the year when the original Engineer’s Report was prepared. The Assessment District Diagram for the District is included in this report as Exhibit “C” and is the same Assessment Diagram as the Assessment Diagram approved in the original Engineer’s Report.

Parkside Village Assessment District
Fiscal Year 2023-24
7-1
PART D: METHOD OF APPORTIONMENT OF

ASSESSMENT
For details on Method of Apportionment, please refer to the original adopted Engineer’s Report, dated December 19, 2005. No changes to the Benefit Zone Classification Assessment Methodology and Benefit determination have been made.

Parkside Village Assessment District
Fiscal Year 2023-24
8-1
PART E: ASSESSMENT ROLL
FY 2023-24
Assessment Amount
as Preliminarily
Approved
Assessment Amount
as Confirmed and
Recorded
Zone 1 - APN Lot #
077255002 Lot 1 $446.00
077255003 Lot 2 $446.00
077255004 Lot 3 $446.00
077255005 Lot 4 $446.00
077255006 Lot 5 $446.00
077255007 Lot 6 $446.00
077255008 Lot 7 $446.00
077255009 Lot 8 $446.00
077255010 Lot 9 $446.00
077255011 Lot 10 $446.00
077255012 Lot 11 $446.00
077255013 Lot 12 $446.00
077255014 Lot 13 $446.00
Total: $5,798.00
Zone 2 - APN Lot #
077255015 Lot 14 $734.00
077255016 Lot 15 $734.00
077255017 Lot 16 $734.00
077255018 Lot 17 $734.00
077255019 Lot 18 $734.00
077255020 Lot 19 $734.00
077255021 Lot 20 $734.00
077255022 Lot 21 $734.00
077255023 Lot 22 $734.00
077255024 Lot 23 $734.00
077255027 Lot 26 $734.00
077255028 Lot 27 $734.00
077255029 Lot 28 $734.00
077255030 Lot 29 $734.00
077255031 Lot 30 $734.00
077255032 Lot 31 $734.00
077255033 Lot 32 $734.00

Parkside Village Assessment District
Fiscal Year 2023-24
8-2
077255034 Lot 33 $734.00
077255035 Lot 34 $734.00
077255036 Lot 35 $734.00
077255037 Lot 36 $734.00
077255038 Lot 37 $734.00
077255039 Lot 38 $734.00
077255040 Lot 39 $734.00
077255041 Lot 40 $734.00
077255042 Lot 41 $734.00
077255043 Lot 42 $734.00
077255044 Lot 43 $734.00
077255045 Lot 44 $734.00
077255046 Lot 45 $734.00
077255047 Lot 46 $734.00
077255048 Lot 47 $734.00
077255049 Lot 48 $734.00
077255050 Lot 49 $734.00
077255051 Lot 50 $734.00
077255052 Lot 51 $734.00
077255053 Lot 52 $734.00
077255054 Lot 53 $734.00
077255055 Lot 54 $734.00
077255056 Lot 55 $734.00
077255057 Lot 56 $734.00
077255058 Lot 57 $734.00
077255059 Lot 58 $734.00
077255060 Lot 59 $734.00
077255061 Lot 60 $734.00
077255062 Lot 61 $734.00
077255063 Lot 62 $734.00
077255064 Lot 63 $734.00
077255065 Lot 64 $734.00
077255066 Lot 65 $734.00
077255067 Lot 66 $734.00
077255068 Lot 67 $734.00
Total: $38,168.00
Grand Total $43,966.00

Final Engineer’s Report
for
Grace Lane
Assessment District
Fiscal Year 2023-24
Prepared for:

City of Arroyo Grande
Prepared by:

Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
May 26, 2023
ATTACHMENT 5

Grace Lane Assessment District
Fiscal Year 2023-24
Table of Contents
CERTIFICATES ............................................................................................................................................. 1-1 INTRODUCTION ENGINEER’S REPORT ........................................................................................................ 2-1 ENGINEER’S REPORT .................................................................................................................................. 3-1 PART A: PLANS AND SPECIFICATIONS ........................................................................................................ 4-1 PART B: ESTIMATE OF COST ....................................................................................................................... 5-1 PART C: ASSESSMENT DISTRICT DIAGRAM ................................................................................................. 6-1 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT ......................................................................... 7-1 PART E: ASSESSMENT ROLL ........................................................................................................................ 8-1 EXHIBIT “C” ................................................................................................................................................ 9-1 EXHIBIT “D” ............................................................................................................................................. 10-1 EXHIBIT “E” .............................................................................................................................................. 11-1 EXHIBIT “F” .............................................................................................................................................. 12-1 EXHIBIT “G” ............................................................................................................................................. 13-1

Grace Lane Assessment District
Fiscal Year 2023-24
1-1

CERTIFICATES

CITY OF ARROYO GRANDE
Grace Lane Assessment District
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Wallace Group, respectfully submits the attached Engineer’s Report as directed by the City of Arroyo Grande pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highway Code. The Undersigned certifies that he/she is a Professional Engineer registered in the State of California.

Engineer of Work:__________________________ Dated:___5/26/23____________ Kari Wagner, P.E.

Principal
Wallace Group
CA# 66026
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed by me on the _____ day of ______________ 2023.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

Grace Lane Assessment District
Fiscal Year 2023-24
1-2
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Arroyo Grande, San Luis Obispo County, California on the _____ day of ______________ 2023.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of San Luis Obispo, on the _____ day of ______________ 2023.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

Grace Lane Assessment District
Fiscal Year 2023-24
2-1
INTRODUCTION ENGINEER’S REPORT

CITY OF ARROYO GRANDE

GRACE LANE ASSESSMENT DISTRICT
FISCAL YEAR 2023-24
To ensure a flow of funds for the construction, operation, maintenance and servicing of specified improvements within the boundary of the subdivision known as Tract 2236 in the City of Arroyo Grande; the City Council approves the City of Arroyo Grande’s Grace Lane Assessment District (“The District”) this fiscal year. As required by the Landscaping and Lighting Act of 1972 (“The Act”), this Engineer’s Report describes the improvements to be constructed, operated, maintained, and serviced by the District for Fiscal Year 2023-24, provides a most probable estimated budget for the District, and lists the proposed assessments to be levied upon each assessable lot within the District. The boundaries of the District are reflective of Tract 2236, shown on the Assessment Diagram and incorporated into this report as Part “C”.

The cost of operation, maintenance, and servicing of the improvements to be funded by the District will be apportioned to each lot within the District in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the City Council, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year, they will be subject to the noticing and balloting procedures referenced in Proposition 218.

Payment of the assessment for each lot will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purpose stated within this report.

The City will hold a Public Hearing on June 27, 2023 to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution and recordation of the District’s Tract Maps, the final Assessor’s roll will be prepared and filed with the San Luis Obispo County Auditor’s Office to be included on the Fiscal Year 2023-24 tax roll.

Grace Lane Assessment District
Fiscal Year 2023-24
3-1
ENGINEER’S REPORT
ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA

STREETS AND HIGHWAY CODE

CITY OF ARROYO GRANDE

GRACE LANE ASSESSMENT DISTRICT
FISCAL YEAR 2023-24
Pursuant to the Landscaping & Lighting Act of 1972 of the Streets and Highways Code of the State of California, commencing with Section 22500, this Engineer’s Report submitted to the City Clerk of the City of Arroyo Grande in connection with the proceedings of the City Council to consider the establishment of the Grace Lane Assessment District, Kari Wagner, PE, duly-authorized representative of Wallace Group, consultant to the City, submits this Engineer’s Report consisting of the following parts:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements of the District. Preliminary design documents for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Engineer of the City of Arroyo Grande, and are incorporated herein by reference. Plans are incorporated into the assessment diagram, listed as Exhibit “C”, Exhibit “D”, Exhibit “E”, Exhibit “F”, and Exhibit “G”, as allowed under section 22568 of the Act. Exhibit “C” shows the public trail to be maintained, Exhibit “D” explains The City of Arroyo Grande’s fuel modification specifications by zone and Exhibit “E” shows fuel modification Zones 1, 2, and 3 in Tract 2236. Exhibit “F” shows the storm drain maintenance and Exhibit “G” shows the slope maintenance and road maintenance for Tract 2236.

All Exhibits are reflective of the Exhibits approved in the original Engineer’s Report dated November 28, 2006.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposal improvements for fiscal year 2023-24, including incidental costs and expenses in connection therewith, as set forth on the lists thereof, attached hereto.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates, by reference, a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District (see Exhibits “C” “E” “F” and “G”). These Diagrams have been prepared for the approved Engineer’s Report approved November 28, 2006. The lines and dimensions of each lot within the District are those lines and dimensions to be shown on the maps of the San Luis Obispo County Assessor following the recordation of Tract Maps 2236.

Grace Lane Assessment District
Fiscal Year 2023-24
3-2
PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part describes the method of apportionment based upon the parcel classification of land within the District, and in proportion to the estimated benefits to be received.

PART E: ASSESSMENT ROLL
This part contains a description of each lot of property proposed to be subject to the assessment, including the amount of the assessment on each lot for Fiscal Year 2023-24.

Grace Lane Assessment District
Fiscal Year 2023-24
4-1
PART A: PLANS AND SPECIFICATIONS
The Plans and Specifications are per the original adopted Engineer’s Report, dated November 28th, 2006. No changes in services are being made at this time.

Description of Improvements
The following improvements are proposed to be operated, maintained, and serviced within the Grace Lane Assessment District for Fiscal Year 2023-24.

Open space weed abatement, fire fuel suppression, and public trail maintenance.

Fire fuel suppression is to be completed on a continual basis per Tract 2236 Grace Lane, City of Arroyo Grande P.U.D. Fuel Modification Specifications. (See Exhibits D and E) Drainage easements and the facilities as specified shall be maintained on an annual basis. Storm drain lines shall be “jetted” and cleaned of any debris as necessary to maintain clear and operational lines prior to the rainy season. Manholes and catch basins shall be vacuumed and/or cleaned of any debris, as deemed necessary, by the City of Arroyo Grande Superintendent of streets and drainage. (See Exhibit F) Maintenance of the slopes outside public right of way not including private lots and drainage within two areas (Area “A”, benefits lots 1-15, and Area “B”, benefits lots 16-19 (See Exhibit G)) are to be maintained by City of Arroyo Grande Streets Lead Worker.

Road maintenance for the private drive to lots 16-19, shall be seal coat/slurry seal at 5-year intervals, and 2” A.C. overlay at 20-year intervals if required, based on the City of Arroyo Grande road maintenance department recommendations. (See Exhibit G)
Services included but are not limited to: personnel; contractual services; grading; clearing; removal of debris; installation or reconstruction of said improvements at the end of their expected lifespan; and any other items necessary for the maintenance or serving of the facilities.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance, and servicing of the landscaping, or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; and the removal of trimmings, rubbish, debris, and other solid waste.

Grace Lane Assessment District
Fiscal Year 2023-24
5-1
PART B: ESTIMATE OF COST
The proposed operation, maintenance and servicing costs for Fiscal Year 2023-24 are summarized below.

As Preliminarily
Approved
As Confirmed and
Recorded
Approximate Fund Balance (7/1/23) 1 $ 29,221
2023-24 Assessment Income (Fire Suppression)2 $8,740
2023-24 Assessment Income (Seal Coat)2 $592
Less Estimated Expenditures3($16,135)
Estimated Fund Balance (6/30/24) $23,086
1 The estimated balance as of July 1, 2023 for Grace Lane Assessment District provided by City of Arroyo Grande. 2 Assessment income based on 19 homes x $460 = $8,740 for Fire Suppression, 4 homes x $148 = $592 for seal coat. 3 Expenditures include $14,535 for services and supplies and $1,600 for administration.

See original Engineer’s Report Appendix 1 and 2 for details on costs of improvements.

The 1972 Act requires that a special fund be set up for revenues and expenditures of the District. Funds raised by the assessments shall be used for the purpose as stated herein. Any balance remaining on July 1 must be carried over to the next Fiscal Year unless the funds are being accumulated for future capital improvements and operating reserves.

Grace Lane Assessment District
Fiscal Year 2023-24
6-1
PART C: ASSESSMENT DISTRICT DIAGRAM
Properties located within the proposed City of Arroyo Grande Grace Lane Assessment District are within the subdivision known as Grace Lane (Tract Map 2236).

The Lines and dimensions of each lot within the District are those lines and dimensions shown on the Tract Map approved by the City of Arroyo Grande for the year when the original Engineer’s Report was prepared.

Grace Lane Assessment District
Fiscal Year 2023-24
7-1
PART D: METHOD OF APPORTIONMENT OF

ASSESSMENT
For details on Method of Apportionment, please refer to the original adopted Engineer’s Report, dated December 19, 2005. No changes to the Benefit Zone Classification Assessment Methodology and Benefit determination have been made.

Grace Lane Assessment District
Fiscal Year 2023-24
8-1
PART E: ASSESSMENT ROLL
Lot#
Assessor Parcel
Number
(APN)
FY 2023-24
As Preliminary
Approved
As Confirmed
and Recorded
1 007019002 $460.00
2 007019003 $460.00
3 007019004 $460.00
4 007019005 $460.00
5 007019006 $460.00
6 007019007 $460.00
7 007019008 $460.00
8 007019035 $460.00
9 007019036 $460.00
10 007019037 $460.00
11 007019012 $460.00
12 007019014 $460.00
13 007019015 $460.00
14 007019016 $460.00
15 007019017 $460.00
16 007019034 $608.00
17 007019033 $608.00
18 007019025 $608.00
19 007019030 $608.00
TOTAL: $9,332.00

Grace Lane Assessment District
Fiscal Year 2023-24
9-1
EXHIBIT “C”
Assessment Diagram

Grace Lane Assessment District
Fiscal Year 2023-24
10-1
EXHIBIT “D”
Exhibit D: Fuel Modification Specifications
In accordance with Municipal Section 8.44.020 all grass, weeds, brush, and other combustibles will be maintained in a condition that will make it unlikely that it will become easily ignited or support the spread of fire. The Fire Department encourages the property owner to consider the use of livestock (goats, cattle, etc.) to ecologically maintain the fire safety of this land.

Zone 1
Grasses shall be cut down to a length of 4 inches or less yearly, or as required by the City of Arroyo Grande Fire Department. All brush and pampas grasses will also be cut down in this zone.

Zone 2
Shrubs under oaks and within 10 feet of tree canopies shall be removed. Brush in this area shall be thinned to the satisfaction of the Arroyo Grande Fire Department to allow for minimal spread of fire and to allow adequate access for firefighting suppression efforts. Grasses and brush shall be kept mowed in this zone as well.

Zone 3
To eliminate ladder fuels beneath oak trees, oak limbs to be considered for removal shall be less than 4 inches in diameter and within 4 feet of the ground. Branches must be chipped for mulch and spread on site.
 Grasses in this zone shall be kept mowed where practical.  Trees with shrubs adjacent to the canopy shall likewise have limbs 4 inches or less removed until clearance is achieved between canopy and shrubs.
 Some shrubs in this area may be indicated in the field to be thinned.  Existing fallen branches located in treated zones shall be chipped and used as mulch.  Removal of larger limbs over 4 inches in diameter which pose a hazard or are within 4 feet of vertical clearance zone must be approved by an arborist and the Director of Parks, Recreation, and Facilities.
 All pruning work done on oak trees in this zone shall be done only after the issuance of a Pruning Permit by the Director of Parks, Recreation, and Facilities.

Notes
A site walk with the owner or Homeowners Association’s Representative and the City of Arroyo Grande Fire Marshall is required prior to the commencement of any work in the defined open space areas.

All work on and around existing oak trees shall conform to the conditions of the City of Arroyo Grande Community Tree Ordinance 431 C.S. All Pruning of oak trees shall be executed per documented recommendations by a certified arborist using ISA approved pruning standards. All contractors and subcontractors shall have read the community tree ordinance and be familiar with the conditions therein.

Grace Lane Assessment District
Fiscal Year 2023-24
11-1
EXHIBIT “E”
Fuel Modification Zones