Agenda packet — Arroyo Grande City Council, September 12, 2023 (part 2 of 3)

Item 9.e.

City Council
Consider Adoption of Resolutions Establishing Salary & Benefits for Management Employees for FY 2023-24 & FY 2024-25 & Part-Time Employees for FY 2023-24, Approval of the Updated Citywide Combined Salary Schedule, & Approval of one Budget Adjustment
September 12, 2023

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ALTERNATIVES:

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

1. Adopt the Resolutions as proposed;

2. Amend and adopt the proposed Resolutions;

3. Do not adopt the Resolutions; or

4. Provide other direction to staff.

ADVANTAGES:

Adopting the two proposed Resolutions will provide employee salaries and benefits that are compliant with current laws, provide for consistent and fair compensation, and reflect the job duties and assignments needed throughout the City. Adjusting employee salaries and benefits to meet the median salary comparatives from similar cites will allow for employee retention, avoid the cost of training new employees, and ultimately allow for city serves to be accomplished consistently.

Staff time is reduced by adopting a two-year Management/salary adjustment, eliminating the need to prepare a staff report and recommendation for FY 2024-25.

DISADVANTAGES:

The recommendation will increase costs to current and future budgets.

ENVIRONMENTAL REVIEW:

Approval of the Resolutions 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. Proposed Resolution - Establishing Wages and Benefits for Management Employees for FY 2023-24 and FY 2024-25

2. Proposed Resolution - Establishing Compensation Adjustments for Part-Time Employees and Approval of the Updated Citywide Combined Salary Schedule

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE ESTABLISHING WAGES AND

BENEFITS FOR MANAGEMENT EMPLOYEES FOR
FISCAL YEARS 2023-24
WHEREAS, the City Council of the City of Arroyo Grande (“City”) has established a system of classification for all positions within the City service with descriptive occupational titles used to identify and distinguish positions from one another based on job duties, essential functions, knowledge, skills, abilities and minimum requirements; and
WHEREAS, the City Council has established a system of compensation for the classification titles listed herein, based on resolutions and agreements as approved and adopted by the City Council; and
WHEREAS, the City Council deems it in the best interest of the City that compensation for management employees be adjusted as hereinafter provided.

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

SECTION 1. AFFECTED EMPLOYEES
The wages and benefits set forth herein are to be provided to all management employees listed in Exhibit A.

SECTION 2. WAGES
A. FISCAL YEAR 2023-24
 The salary ranges contained in Exhibit “A” reflects equity adjustment based on the benchmarked positions in the salary survey to bring positions to the median effective September 15, 2023.

B. FISCAL YEAR 2024-25
 The salary ranges contained in Exhibit "B" reflects a 3. 5% salary increase for all positions effective July 5, 2024.

SECTION 3. DEFERRED COMPENSATION
The City shall contribute $600 per year to management employees and $1,200 to department directors to a defined contribution supplemental retirement plan established in accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and California Government Code sections 53215-53224.

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SECTION 4. HEALTH PLAN BENEFITS

1. Cafeteria Plan

1. The City shall contribute an equal amount towards the cost of medical coverage under the Public Employee's Medical and Hospital Care Act (PEMHCA) for both active employees and retirees. The City’s contribution toward coverage under PEMHCA shall be the statutory minimum contribution amount established by CalPERS on an annual basis.

2. Employees participating in the City’s full flex cafeteria plan shall receive a flex dollar allowance to purchase group health coverage for medical, dental and vision under the City’s Cafeteria Plan. For the period of July 1, 2023 through November 30, 2023, the monthly flex dollar allowance shall be:

For employee only: $ 754.54
For employee plus one dependent: $1,422.78
For employee + 2 or more dependents: $1,833.06

3. Effective December 2023, for the January 2024 premium, the City’s total Cafeteria Plan contribution for the plan shall be modified by an amount equal to fifty percent (50%) of the increase for the lowest cost HMO plan offered by CalPERS in San Luis Obispo County, up to a maximum of 5% increase in the City’s contribution, without going above the cost of the plan. Any increase in premiums above this amount will be the full responsibility of the employee.

4. Employees who properly waive medical coverage under the Cafeteria Plan because he/she provided the City with written proof of alternative group health coverage that is compliant with the Affordable Care Act, can take flex dollars for the amount provided to employees enrolled for self alone (taxable income), deposit it into their 457 plan, or use it to purchase voluntary products. The flexible benefit dollars taken as cash may not be used to reimburse an employee for any premium expenses an employee may incur for an individual health insurance policy, including a policy purchased through Covered California.

5. The City reserves the right to alter the Cafeteria Plan should there be future Affordable Care Act guidance that affects the plan.

B. Medical Insurance

1. The base medical plan shall be defined as the lowest cost Health Maintenance Organization (HMO) program available through CalPERS in San Luis Obispo County. If availability of an HMO to the City is discontinued by the medical plan provider, the base plan shall become

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the basic PPO plan available to the City by the existing medical plan provider.

2. The City shall maintain health benefits through CalPERS for calendar years 2023, 2024, and 2025.

C. Vision Insurance
The City shall provide a vision care plan for management employees. The City may select an alternate vision care provider during the term of this resolution providing that:

1. Any new plan maintains equivalent benefits to the employees; and

2. At least twenty-one (21) days advanced notice of plan changes are provided to affected employees.

D. Dental Insurance Plan
The City shall provide a dental plan of the City’s choice for management employees. The City may select an alternate dental insurance plan provider during the term of this resolution providing that:

1. Any new plan maintains equivalent benefits to the employees; and

2. At least twenty-one (21) days advanced notice of plan changes are provided to affected employees.

SECTION 5. LIFE INSURANCE PLAN
A. The City shall provide group term life insurance benefit plan for management employees, which shall provide for fifty thousand dollars ($50,000) life and AD&D coverage during the term of their employment.

B. The City shall make available additional voluntary life insurance coverage, at the employee’s expense, as long as the minimum participation requirements of the insurance provider are met.

SECTION 6. SHORT AND LONG-TERM DISABILITY
The City shall provide a short and long-term disability plan for management employees during the term of their employment.

SECTION 7. RETIREMENT
A. PERS Retirement Contributions

1. G.C. Section 21354.4. The CalPERS 2.5% at Age 55 Retirement Plan shall be provided for non-sworn employees hired prior to December 21,

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2012. Non-sworn employees under this plan shall pay the full eight percent (8%) of the employee share of CalPERS.

2. G.C. Section 21354. The CalPERS 2.0% at Age 55 Retirement Plan shall be provided for non-sworn employees hired between December 21, 2012 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Non-sworn employees under this plan shall pay the full seven percent (7%) of the employee share of CalPERS.

3. G.C. Section 7522.20. The CalPERS 2% @ 62 Retirement Plan shall be provided for new non-sworn employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Non-sworn employees under this plan shall pay at least 50% of the total normal cost rate (currently 7.75%) of the employee share of CalPERS.

4. G.C. Section 21362.2. The CalPERS Public Safety Officer 3% @ 50 Retirement Plan shall be provided for sworn personnel hired prior to December 9, 2011. Sworn employees under this plan shall pay the full nine percent (9%) of the employee share of CalPERS.

5. G.C. Section 21363.1. The CalPERS Public Safety Officer 3% @ 55 Retirement Plan shall be provided for sworn employees hired between December 9, 2011 and December 31, 2012, CalPERS “Classic” members hired on or after January 1, 2013, and those eligible for reciprocity hired on or after January 1, 2013. Sworn employees under this plan shall pay the full nine percent (9%) of the employee share of CalPERS.

6. G.C. Section 7522.25. The CalPERS Public Safety Officer 2.7% @ 57 Retirement Plan shall be provided for new sworn employees hired on or after January 1, 2013 who are not CalPERS “Classic” employees and are not eligible for reciprocity. Sworn employees under this plan shall pay at least 50% of the total normal cost rate (currently 13.75%) of the employee share of CalPERS.

7. G.C. Sections 21024 and 21027. Employees may buy back, at their expense, retirement service credit for prior military service as permitted by PERS.

8. G.C. Section 20042. For sworn employees hired prior to December 9, 2011 and non-sworn employees hired prior to December 21, 2012, retirement benefits are based on the highest single year compensation.

9. G.C. Section 20037. For sworn employees hired on or after December 9, 2011 and non-sworn employees hired on or after December 21, 2012, retirement benefits are based on the highest average annual

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compensation earnable by a member during three consecutive years of employment.

10. G.C. Section 20965. Employees shall receive credit for unused sick leave.

11. G.C. Section 21548. The spouse of a deceased member, who was eligible to retire for service at the time of death, may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit.

12. Effective January 1, 2013, the Public Employees’ Pension Reform Act of 2013 (PEPRA) shall apply to all sworn and non-sworn employees, as well as for employees transferring from other CalPERS or reciprocal agencies.

B. Retiree Medical

1. Employees who separate and retire within 120 days from City service shall be allowed to purchase medical insurance coverage through the City subject to applicable plan and PEMHCA requirements.

2. G.C. Section 22892. The City’s contribution shall be an equal amount for both employees and annuitants, which shall be the minimum contribution amount established by CalPERS on an annual basis. The City’s contribution shall be adjusted annually by the CalPERS Board to reflect any change in the medical care component of the Consumer Price Index, provided that the City is participating in the CalPERS Health Plan.

3. The City shall provide a supplemental contribution to employees that are: 1) employed on a full-time basis as of June 30, 2008 and who have been employed with the City on a full-time basis for five (5) years or more at the time of retirement; or 2) employed on a full-time basis after June 30, 2008 and who have been employed by the City on a full-time basis for ten (10) years or more at the time of retirement.

The supplemental contribution shall be equal to the difference between the minimum contribution amount established by CalPERS as set forth above in Section 4. A. 1. and the following amounts:

For single annuitant coverage: $175.10
For annuitant + 1 dependent: $302.85
For annuitant + 2 or more dependents: $376.79
SECTION 8. ANNUAL LEAVE
Regular, full-time management employees shall accrue Annual Leave with pay to be used as leave for vacation, illnesses, and other personal purposes. Management employees may accrue such paid leave as provided by this provision to be used in the

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future or may convert annual leave to salary compensation under the conditions contained in these regulations.

A. Accumulation Rates:

Management employees shall accrue annual based upon the following schedule:

1. Management employees with less than five (5) years of service shall earn annual leave at the rate of 29 days (232 hours) per year;

2. Management employees with five (5) to ten (10) years of service shall earn annual leave at the rate of 31 days (248 hours) per year;

3. Management employees with ten (10) to fifteen (15) years of service shall earn annual leave at the rate of 33 days (264 hours) per year; and

4. Management employees with over fifteen (15) years of service shall earn annual leave at the rate of 34 days (272 hours) per year.

5. New full-time management employees shall be granted fifty-six (56) hours of Annual Leave upon hiring. However, additional Annual Leave shall not be accumulated until after completion of three (3) months of continuous service. If a new management employee terminates during the first three months of employment, the Annual Leave balance shall reflect the actual amount that would have been accumulated at the established rate per pay period, less any usage. If the employee’s usage of Annual Leave exceeds the adjusted accumulation amount, the employee shall refund the excess amount used. The refund to the City shall be equal to excess hours used times the employee’s hourly salary compensation rate.

B. Maximum Accrual:

The maximum accrual of annual leave shall be 725 hours. If an employee has accrued the maximum number of hours, accrual of annual leave shall be discontinued. Accrual shall resume on the first day of the pay period following a reduction in the accrued balance below the maximum allowed.

C. Conversion to Salary:

Employees may convert a maximum of 48 hours of annual leave to salary compensation per year. Such conversions shall be allowed at the first pay period in July and at the first pay period in December of each year. In order to be eligible to convert annual leave to salary compensation, the employee must: a) convert a minimum of sixteen (16) hours to pay; and b) upon making the conversion to pay, the employee must be left with a minimum of 160 hours of annual leave.

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Employees who are promoted or reclassified into a management position and were not subject to the annual leave program for the entire twelve (12) month period shall be allowed to include previous vacation and sick leave use as annual leave for the purpose of this provision.

D. Notification and Approval:

Annual leave shall be scheduled in advance by the employee whenever possible, subject to the approval of the department director. It is the responsibility of the employee to provide the supervisor or department director with reasonable notice of an absence. The department director shall have the authority to approve or deny the use of annual leave for any period of absence.

The scheduling of the use of annual leave shall be by the department director with due regard to the wishes of the employee and particular regard for the needs of the City. Employees who are off for extended periods due to illness or injury may be required to provide a physician’s statement authorizing their return to work.

Reasonable absences of less than eight (8) hours shall not be debited against annual leave for exempt employees. Such absences should have the prior approval of the employee’s supervisor and/or City Manager.

E. Separation from Employment:

Management employees who separate their employment from the City shall have all annual leave accumulations converted to salary compensation at the employee’s current rate. Compensation shall be paid in one lump sum. Annual leave shall not be used to extend an employee’s actual date of separation.

When notice is given by an employee that he/she is terminating, the use of annual leave shall be suspended. The only exception to this provision is that with the approval of the employee’s supervisor, the employee may be granted short-term leave (one (1) to three (3) days) to attend to personal business.

However, such short-term leaves may not be conducted consecutively and with a frequency to create in effect, a long-term leave.

F. Service Credit Conversion:

1. Upon retirement an employee may have unused annual leave converted to Service Credit with the Public Employees’ Retirement System (PERS).

2. Annual leave shall be converted to sick leave for PERS at the rate of one (1) hour of annual leave equals one (1) hour of sick leave.

3. When unused annual leave is converted to sick leave, for a service credit conversion, an employee may not receive additional cash compensation for the unused leave.

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G. Conversion of Sick leave and Vacation leave to Annual leave; Employees who are promoted or reclassified into a management position shall convert their sick leave and vacation leave accumulation to annual leave.

1. Sick leave accumulations shall be converted to annual leave at the rate of one (1) hour of sick leave equals one-half (0.5) hour of annual leave.

2. Vacation leave accumulations shall be converted to annual leave at the rate of one (1) hour of vacation leave equals one (1) hour of annual leave.

SECTION 9. HOLIDAYS
Management employees shall receive the following paid holidays:

New Year’s Eve, December 31
New Year’s Day, January 1
Martin Luther King Day, third Monday of January
President’s Day, third Monday of February
Memorial Day, the last Monday in May
Juneteenth Day, June 19
Independence Day, July 4
Labor Day, the first Monday in September
Veteran’s Day, November 11 (or day of observance)
Thanksgiving Day, fourth Thursday in November (or day of observance) Day following Thanksgiving
Christmas Eve, December 24
Christmas Day, December 25
One Floating Day per Fiscal Year (employee choice with Supervisor approval) Every day designated by the President, Governor, or Mayor for public observance as a special nonrecurring single event, such as the death of a national leader or end of war.

All holidays in the above schedule that fall on a Saturday shall be observed on the preceding Friday; all holidays in the above schedule that fall on a Sunday shall be observed on the following Monday.

SECTION 9. VEHICLE ASSIGNMENT OR ALLOWANCE
Automobile allowance shall be provided in the amount of $200 per month for the Director of Legislative and Information Services, Director of Administrative Services, and Director of Recreation Services; and $275 per month for the Director of Community Development. The Police Chief shall be assigned a take home City vehicle. The Director of Public Works shall be assigned a City vehicle for use during work hours.

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SECTION 10. JURY DUTY
Management employees shall be granted leave with full pay and no loss in benefits when called for jury duty if the employee remits jury fees received for such jury duty.

The employee may retain all travel pay or subsistence pay granted by the court because of the employee’s participation in jury duty. The employee shall be responsible for notifying his/her supervisor as soon as possible upon receiving notice to appear for jury duty, make every reasonable effort to keep his/her supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service.

SECTION 11. BEREAVEMENT LEAVE
Management employees are entitled to a paid bereavement leave of absence, not to exceed five (5) days, in the event of the death of a member of the employee’s immediate family, to include an employee’s or spouse’s parents, spouse, children, brother, sister, stepchildren, grandparents, grandchildren, aunt, uncle, son-in-law, daughter-in-law, step relatives described above, or any other person residing in the same household, for the purpose of attending the funeral and making other arrangements at the time the loss occurs. As a condition of granting leave for bereavement purposes, the appointing authority may request verification of the loss.

Such leave is independent of annual leave. In order to receive this benefit, domestic partners must be registered with the Secretary of State.

SECTION 12. EMPLOYEE ASSISTANCE PLAN
The City shall provide an employee assistance plan for management employees and their dependents during the term of their employment.

SECTION 13. UNIFORM ALLOWANCE
The City shall provide annual cash allowances for ancillary uniforms and equipment items to the positions of Police Chief and Police Commander in the same amount and method as provided to the Arroyo Grande Police Officers’ Association.

SECTION 14. SAFETY SHOES
The City shall provide safety shoes to all employees with field work responsibilities in the amount and method specified in the Memorandum of Understanding between the City and Service Employees International Union Local 620 Arroyo Grande Chapter.

SECTION 15. LONGEVITY PERFORMANCE STIPEND
Sworn Police employees may qualify for 5% of their base salary as a longevity performance stipend upon completion of ten (10) years of continuous full-time employment with the City as a sworn officer and a “meets department’s standards” or better performance evaluation. Should an employee receive an evaluation that “does

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not meet department standards”, they shall not qualify for the longevity performance stipend.

Employees may qualify for an additional 2.5% of base salary as a longevity performance stipend upon completion of fifteen (15) years of continuous full-time employment with the City as a sworn officer and a “meets department’s standards” or better performance evaluation. Should an employee receive an evaluation that “does not meet department standards”, they shall not qualify for the longevity performance stipend.

The Sworn Police employees and the City agree that the intent in providing a longevity performance stipend is for the benefit not to qualify as an item of special compensation that must be reported to CalPERS and included in the calculation of retirement benefits in accord with DiCarlo v. County of Monterey, No. H041400, (Cal. Ct. App. June 5, 2017). In the event that CalPERS at some time in the future determines that the longevity performance stipend meets the definition of “Special Compensation”, both parties agree to reopen negotiations related to the financial impacts and implementation of this issue.

SECTION 16. DISABILITY INSURANCE
Effective September 15, 2023, the City will pay the premiums for the State Disability Insurance for Management personnel. Should there be any future rate increases to State Disability Insurance and/or Family Temporary Disability Insurance plans after January 1, 2024, the City review and consider the responsibility for payment of such increases.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 12th day of September, 2023.

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CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

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EXHIBIT A
Range LOW MID HIGH Position
M-10 Biweekly 1,464.00 1,621.38 1,778.77
Monthly 3,172.00 3,513.00 3,854.00
Annual 38,064.00 42,156.00 46,248.00
M-11 Biweekly 1,499.08 1,661.08 1,823.08
Monthly 3,248.00 3,599.00 3,950.00
Annual 38,976.00 43,188.00 47,400.00
M-12 Biweekly 1,537.38 1,703.54 1,869.69
Monthly 3,331.00 3,691.00 4,051.00
Annual 39,972.00 44,292.00 48,612.00
M-13 Biweekly 1,575.23 1,745.54 1,915.85
Monthly 3,413.00 3,782.00 4,151.00
Annual 40,956.00 45,384.00 49,812.00
M-14 Biweekly 1,614.46 1,788.92 1,963.38
Monthly 3,498.00 3,876.00 4,254.00
Annual 41,976.00 46,512.00 51,048.00
M-15 Biweekly 1,654.15 1,833.23 2,012.31 Office Assistant I Monthly 3,584.00 3,972.00 4,360.00
Annual 43,008.00 47,664.00 52,320.00
M-16 Biweekly 1,697.08 1,879.38 2,061.69
Monthly 3,677.00 4,072.00 4,467.00
Annual 44,124.00 48,864.00 53,604.00
M-17 Biweekly 1,738.62 1,926.92 2,115.23
Monthly 3,767.00 4,175.00 4,583.00
Annual 45,204.00 50,100.00 54,996.00
M-18 Biweekly 1,782.00 1,974.92 2,167.85
Monthly 3,861.00 4,279.00 4,697.00
Annual 46,332.00 51,348.00 56,364.00
M-19 Biweekly 1,826.31 2,023.85 2,221.38 Office Assistant II Monthly 3,957.00 4,385.00 4,813.00
Annual 47,484.00 52,620.00 57,756.00
M-20 Biweekly 1,872.92 2,075.08 2,277.23
Monthly 4,058.00 4,496.00 4,934.00
Annual 48,696.00 53,952.00 59,208.00
M-21 Biweekly 1,920.00 2,127.23 2,334.46
Monthly 4,160.00 4,609.00 5,058.00
Annual 49,920.00 55,308.00 60,696.00
M-22 Biweekly 1,967.08 2,179.38 2,391.69
Monthly 4,262.00 4,722.00 5,182.00
Annual 51,144.00 56,664.00 62,184.00

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 09/15/2023

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EXHIBIT A
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 09/15/2023
M-23 Biweekly 2,017.85 2,235.23 2,452.62
Monthly 4,372.00 4,843.00 5,314.00
Annual 52,464.00 58,116.00 63,768.00
M-24 Biweekly 2,066.77 2,289.69 2,512.62
Monthly 4,478.00 4,961.00 5,444.00
Annual 53,736.00 59,532.00 65,328.00
M-25 Biweekly 2,118.46 2,347.62 2,576.77 Administrative Secretary Monthly 4,590.00 5,086.50 5,583.00
Annual 55,080.00 61,038.00 66,996.00
M-26 Biweekly 2,172.46 2,406.92 2,641.38
Monthly 4,707.00 5,215.00 5,723.00
Annual 56,484.00 62,580.00 68,676.00
M-27 Biweekly 2,225.54 2,466.69 2,707.85
Monthly 4,822.00 5,344.50 5,867.00
Annual 57,864.00 64,134.00 70,404.00
M-28 Biweekly 2,280.92 2,527.38 2,773.85
Monthly 4,942.00 5,476.00 6,010.00
Annual 59,304.00 65,712.00 72,120.00
M-29 Biweekly 2,338.62 2,591.31 2,844.00
Monthly 5,067.00 5,614.50 6,162.00
Annual 60,804.00 67,374.00 73,944.00
M-30 Biweekly 2,397.23 2,656.15 2,915.08 Executive Secretary Monthly 5,194.00 5,755.00 6,316.00
Annual 62,328.00 69,060.00 75,792.00
M-31 Biweekly 2,457.23 2,722.85 2,988.46
Monthly 5,324.00 5,899.50 6,475.00
Annual 63,888.00 70,794.00 77,700.00
M-32 Biweekly 2,519.54 2,790.46 3,061.38
Monthly 5,459.00 6,046.00 6,633.00
Annual 65,508.00 72,552.00 79,596.00
M-33 Biweekly 2,581.85 2,860.62 3,139.38
Monthly 5,594.00 6,198.00 6,802.00
Annual 67,128.00 74,376.00 81,624.00
M-34 Biweekly 2,645.54 2,931.92 3,218.31 Assistant Planner Monthly 5,732.00 6,352.50 6,973.00
Annual 68,784.00 76,230.00 83,676.00
M-35 Biweekly 2,712.92 3,004.62 3,296.31
Monthly 5,878.00 6,510.00 7,142.00
Annual 70,536.00 78,120.00 85,704.00

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EXHIBIT A
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 09/15/2023
M-36 Biweekly 2,780.77 3,080.31 3,379.85
Monthly 6,025.00 6,674.00 7,323.00
Annual 72,300.00 80,088.00 87,876.00
M-37 Biweekly 2,849.54 3,157.38 3,465.23 Deputy City Clerk/Communications Coord Monthly 6,174.00 6,841.00 7,508.00 Assistant Projects Manager Annual 74,088.00 82,092.00 90,096.00
M-38 Biweekly 2,921.08 3,236.08 3,551.08 Associate Planner Monthly 6,329.00 7,011.50 7,694.00
Annual 75,948.00 84,138.00 92,328.00
M-39 Biweekly 2,993.08 3,316.15 3,639.23
Monthly 6,485.00 7,185.00 7,885.00
Annual 77,820.00 86,220.00 94,620.00
M-40 Biweekly 3,069.23 3,399.92 3,730.62
Monthly 6,650.00 7,366.50 8,083.00
Annual 79,800.00 88,398.00 96,996.00
M-41 Biweekly 3,144.92 3,485.08 3,825.23
Monthly 6,814.00 7,551.00 8,288.00
Annual 81,768.00 90,612.00 99,456.00
M-42 Biweekly 3,223.85 3,571.62 3,919.38
Monthly 6,985.00 7,738.50 8,492.00
Annual 83,820.00 92,862.00 101,904.00
M-43 Biweekly 3,304.62 3,661.15 4,017.69
Monthly 7,160.00 7,932.50 8,705.00
Annual 85,920.00 95,190.00 104,460.00
M-44 Biweekly 3,387.23 3,753.23 4,119.23 Management Analyst Monthly 7,339.00 8,132.00 8,925.00
Annual 88,068.00 97,584.00 107,100.00
M-45 Biweekly 3,470.31 3,846.46 4,222.62
Monthly 7,519.00 8,334.00 9,149.00
Annual 90,228.00 100,008.00 109,788.00
M-46 Biweekly 3,558.46 3,942.46 4,326.46
Monthly 7,710.00 8,542.00 9,374.00
Annual 92,520.00 102,504.00 112,488.00
M-47 Biweekly 3,648.46 4,041.92 4,435.38 Public Works Manager Monthly 7,905.00 8,757.50 9,610.00
Annual 94,860.00 105,090.00 115,320.00
M-48 Biweekly 3,738.46 4,141.85 4,545.23
Monthly 8,100.00 8,974.00 9,848.00
Annual 97,200.00 107,688.00 118,176.00

Page 160 of 568 ends

EXHIBIT A
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 09/15/2023
M-49 Biweekly 3,832.15 4,245.69 4,659.23 Capital Improvement Projects Manager Monthly 8,303.00 9,199.00 10,095.00
Annual 99,636.00 110,388.00 121,140.00
M-50 Biweekly 3,928.62 4,352.31 4,776.00 Planning Manager Monthly 8,512.00 9,430.00 10,348.00 Utilities Manager
Annual 102,144.00 113,160.00 124,176.00
M-51 Biweekly 4,026.00 4,461.23 4,896.46 Building Official Monthly 8,723.00 9,666.00 10,609.00 Director of Legis and Info Services Annual 104,676.00 115,992.00 127,308.00 Director of Recreation Services Information Technology Manager
M-52 Biweekly 4,126.15 4,572.23 5,018.31
Monthly 8,940.00 9,906.50 10,873.00
Annual 107,280.00 118,878.00 130,476.00
M-53 Biweekly 4,230.00 4,686.46 5,142.92 Accounting Manager Monthly 9,165.00 10,154.00 11,143.00
Annual 109,980.00 121,848.00 133,716.00
M-54 Biweekly 4,336.15 4,803.92 5,271.69 Human Resources Officer Monthly 9,395.00 10,408.50 11,422.00
Annual 112,740.00 124,902.00 137,064.00
M-55 Biweekly 4,445.08 4,924.62 5,404.15
Monthly 9,631.00 10,670.00 11,709.00
Annual 115,572.00 128,040.00 140,508.00
M-56 Biweekly 4,556.77 5,048.08 5,539.38
Monthly 9,873.00 10,937.50 12,002.00
Annual 118,476.00 131,250.00 144,024.00
M-57 Biweekly 4,668.00 5,172.46 5,676.92
Monthly 10,114.00 11,207.00 12,300.00
Annual 121,368.00 134,484.00 147,600.00
M-58 Biweekly 4,786.15 5,302.62 5,819.08
Monthly 10,370.00 11,489.00 12,608.00
Annual 124,440.00 137,868.00 151,296.00
M-59 Biweekly 4,904.31 5,434.85 5,965.38 City Engineer
Monthly 10,626.00 11,775.50 12,925.00
Annual 127,512.00 141,306.00 155,100.00
M-60 Biweekly 5,028.92 5,571.92 6,114.92
Monthly 10,896.00 12,072.50 13,249.00
Annual 130,752.00 144,870.00 158,988.00
M-61 Biweekly 5,155.38 5,711.08 6,266.77
Monthly 11,170.00 12,374.00 13,578.00

Page 161 of 568 ends

EXHIBIT A
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 09/15/2023
Annual 134,040.00 148,488.00 162,936.00
M-62 Biweekly 5,281.38 5,852.54 6,423.69
Monthly 11,443.00 12,680.50 13,918.00
Annual 137,316.00 152,166.00 167,016.00
M-63 Biweekly 5,413.85 5,998.38 6,582.92 Police Commander Monthly 11,730.00 12,996.50 14,263.00
Annual 140,760.00 155,958.00 171,156.00
M-64 Biweekly 5,549.54 6,149.77 6,750.00
Monthly 12,024.00 13,324.50 14,625.00
Annual 144,288.00 159,894.00 175,500.00
M-65 Biweekly 5,689.85 6,303.46 6,917.08
Monthly 12,328.00 13,657.50 14,987.00
Annual 147,936.00 163,890.00 179,844.00
M-66 Biweekly 5,830.15 6,459.69 7,089.23
Monthly 12,632.00 13,996.00 15,360.00
Annual 151,584.00 167,952.00 184,320.00
M-67 Biweekly 5,976.46 6,622.62 7,268.77
Monthly 12,949.00 14,349.00 15,749.00
Annual 155,388.00 172,188.00 188,988.00
M-68 Biweekly 6,126.92 6,788.31 7,449.69 Director of Administrative Services Monthly 13,275.00 14,708.00 16,141.00 Director of Community Development Annual 159,300.00 176,496.00 193,692.00 Director of Public Works M-69 Biweekly 6,279.69 6,957.69 7,635.69
Monthly 13,606.00 15,075.00 16,544.00
Annual 163,272.00 180,900.00 198,528.00
M-70 Biweekly 6,437.08 7,131.92 7,826.77
Monthly 13,947.00 15,452.50 16,958.00
Annual 167,364.00 185,430.00 203,496.00
M-71 Biweekly 6,597.69 7,310.08 8,022.46
Monthly 14,295.00 15,838.50 17,382.00
Annual 171,540.00 190,062.00 208,584.00
M-72 Biweekly 6,762.46 7,492.62 8,222.77 Police Chief
Monthly 14,652.00 16,234.00 17,816.00
Annual 175,824.00 194,808.00 213,792.00
M-73 Biweekly 6,931.85 7,680.23 8,428.62
Monthly 15,019.00 16,640.50 18,262.00
Annual 180,228.00 199,686.00 219,144.00
M-74 Biweekly 7,105.38 7,872.23 8,639.08 Assistant City Manager/Public Works Monthly 15,395.00 17,056.50 18,718.00 Director

Page 162 of 568 ends

EXHIBIT A
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 09/15/2023
Annual 184,740.00 204,678.00 224,616.00
M-75 Biweekly 7,283.08 8,069.08 8,855.08
Monthly 15,780.00 17,483.00 19,186.00
Annual 189,360.00 209,796.00 230,232.00
M-76 Biweekly 7,464.92 8,270.77 9,076.62
Monthly 16,174.00 17,920.00 19,666.00
Annual 194,088.00 215,040.00 235,992.00
M-77 Biweekly 7,651.38 8,477.54 9,303.69
Monthly 16,578.00 18,368.00 20,158.00
Annual 198,936.00 220,416.00 241,896.00
M-78 Biweekly 7,842.92 8,689.62 9,536.31 City Manager
Monthly 16,993.00 18,827.50 20,662.00
Annual 203,916.00 225,930.00 247,944.00

Page 163 of 568 ends

EXHIBIT B
Range LOW MID HIGH Position
M-10 Biweekly 1,515.23 1,678.15 1,841.08
Monthly 3,283.00 3,636.00 3,989.00
Annual 39,396.00 43,632.00 47,868.00
M-11 Biweekly 1,551.69 1,719.23 1,886.77
Monthly 3,362.00 3,725.00 4,088.00
Annual 40,344.00 44,700.00 49,056.00
M-12 Biweekly 1,591.38 1,763.31 1,935.23
Monthly 3,448.00 3,820.50 4,193.00
Annual 41,376.00 45,846.00 50,316.00
M-13 Biweekly 1,630.15 1,806.46 1,982.77
Monthly 3,532.00 3,914.00 4,296.00
Annual 42,384.00 46,968.00 51,552.00
M-14 Biweekly 1,670.77 1,851.46 2,032.15
Monthly 3,620.00 4,011.50 4,403.00
Annual 43,440.00 48,138.00 52,836.00
M-15 Biweekly 1,711.85 1,897.38 2,082.92 Office Assistant I Monthly 3,709.00 4,111.00 4,513.00
Annual 44,508.00 49,332.00 54,156.00
M-16 Biweekly 1,756.62 1,945.15 2,133.69
Monthly 3,806.00 4,214.50 4,623.00
Annual 45,672.00 50,574.00 55,476.00
M-17 Biweekly 1,799.54 1,994.31 2,189.08
Monthly 3,899.00 4,321.00 4,743.00
Annual 46,788.00 51,852.00 56,916.00
M-18 Biweekly 1,844.31 2,043.92 2,243.54
Monthly 3,996.00 4,428.50 4,861.00
Annual 47,952.00 53,142.00 58,332.00
M-19 Biweekly 1,890.00 2,094.46 2,298.92 Office Assistant II Monthly 4,095.00 4,538.00 4,981.00
Annual 49,140.00 54,456.00 59,772.00
M-20 Biweekly 1,938.46 2,147.77 2,357.08
Monthly 4,200.00 4,653.50 5,107.00
Annual 50,400.00 55,842.00 61,284.00
M-21 Biweekly 1,987.38 2,201.77 2,416.15
Monthly 4,306.00 4,770.50 5,235.00
Annual 51,672.00 57,246.00 62,820.00
M-22 Biweekly 2,035.85 2,255.54 2,475.23
Monthly 4,411.00 4,887.00 5,363.00
Annual 52,932.00 58,644.00 64,356.00

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 07/05/2024

Page 164 of 568 ends

EXHIBIT B
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 07/05/2024
M-23 Biweekly 2,088.46 2,313.46 2,538.46
Monthly 4,525.00 5,012.50 5,500.00
Annual 54,300.00 60,150.00 66,000.00
M-24 Biweekly 2,139.23 2,370.00 2,600.77
Monthly 4,635.00 5,135.00 5,635.00
Annual 55,620.00 61,620.00 67,620.00
M-25 Biweekly 2,192.77 2,429.77 2,666.77 Administrative Secretary Monthly 4,751.00 5,264.50 5,778.00
Annual 57,012.00 63,174.00 69,336.00
M-26 Biweekly 2,248.62 2,491.15 2,733.69
Monthly 4,872.00 5,397.50 5,923.00
Annual 58,464.00 64,770.00 71,076.00
M-27 Biweekly 2,303.54 2,553.00 2,802.46
Monthly 4,991.00 5,531.50 6,072.00
Annual 59,892.00 66,378.00 72,864.00
M-28 Biweekly 2,360.77 2,615.77 2,870.77
Monthly 5,115.00 5,667.50 6,220.00
Annual 61,380.00 68,010.00 74,640.00
M-29 Biweekly 2,420.31 2,682.00 2,943.69
Monthly 5,244.00 5,811.00 6,378.00
Annual 62,928.00 69,732.00 76,536.00
M-30 Biweekly 2,481.23 2,749.15 3,017.08 Executive Secretary Monthly 5,376.00 5,956.50 6,537.00
Annual 64,512.00 71,478.00 78,444.00
M-31 Biweekly 2,543.08 2,818.15 3,093.23
Monthly 5,510.00 6,106.00 6,702.00
Annual 66,120.00 73,272.00 80,424.00
M-32 Biweekly 2,607.69 2,888.08 3,168.46
Monthly 5,650.00 6,257.50 6,865.00
Annual 67,800.00 75,090.00 82,380.00
M-33 Biweekly 2,672.31 2,960.77 3,249.23
Monthly 5,790.00 6,415.00 7,040.00
Annual 69,480.00 76,980.00 84,480.00
M-34 Biweekly 2,738.31 3,034.62 3,330.92 Assistant Planner Monthly 5,933.00 6,575.00 7,217.00
Annual 71,196.00 78,900.00 86,604.00
M-35 Biweekly 2,808.00 3,109.85 3,411.69
Monthly 6,084.00 6,738.00 7,392.00
Annual 73,008.00 80,856.00 88,704.00

Page 165 of 568 ends

EXHIBIT B
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 07/05/2024
M-36 Biweekly 2,878.15 3,188.08 3,498.00
Monthly 6,236.00 6,907.50 7,579.00
Annual 74,832.00 82,890.00 90,948.00
M-37 Biweekly 2,949.23 3,267.92 3,586.62 Deputy City Clerk/Communications Coord Monthly 6,390.00 7,080.50 7,771.00 Assistant Projects Manager Annual 76,680.00 84,966.00 93,252.00
M-38 Biweekly 3,023.54 3,349.38 3,675.23 Associate Planner Monthly 6,551.00 7,257.00 7,963.00
Annual 78,612.00 87,084.00 95,556.00
M-39 Biweekly 3,097.85 3,432.23 3,766.62
Monthly 6,712.00 7,436.50 8,161.00
Annual 80,544.00 89,238.00 97,932.00
M-40 Biweekly 3,176.77 3,519.00 3,861.23
Monthly 6,883.00 7,624.50 8,366.00
Annual 82,596.00 91,494.00 100,392.00
M-41 Biweekly 3,254.77 3,606.92 3,959.08
Monthly 7,052.00 7,815.00 8,578.00
Annual 84,624.00 93,780.00 102,936.00
M-42 Biweekly 3,336.46 3,696.46 4,056.46
Monthly 7,229.00 8,009.00 8,789.00
Annual 86,748.00 96,108.00 105,468.00
M-43 Biweekly 3,420.46 3,789.46 4,158.46
Monthly 7,411.00 8,210.50 9,010.00
Annual 88,932.00 98,526.00 108,120.00
M-44 Biweekly 3,505.85 3,884.54 4,263.23 Management Analyst Monthly 7,596.00 8,416.50 9,237.00
Annual 91,152.00 100,998.00 110,844.00
M-45 Biweekly 3,591.69 3,981.00 4,370.31
Monthly 7,782.00 8,625.50 9,469.00
Annual 93,384.00 103,506.00 113,628.00
M-46 Biweekly 3,683.08 4,080.46 4,477.85
Monthly 7,980.00 8,841.00 9,702.00
Annual 95,760.00 106,092.00 116,424.00
M-47 Biweekly 3,776.31 4,183.38 4,590.46 Public Works Manager Monthly 8,182.00 9,064.00 9,946.00
Annual 98,184.00 108,768.00 119,352.00
M-48 Biweekly 3,869.54 4,287.00 4,704.46
Monthly 8,384.00 9,288.50 10,193.00
Annual 100,608.00 111,462.00 122,316.00

Page 166 of 568 ends

EXHIBIT B
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 07/05/2024
M-49 Biweekly 3,966.46 4,394.31 4,822.15 Capital Improvement Projects Manager Monthly 8,594.00 9,521.00 10,448.00
Annual 103,128.00 114,252.00 125,376.00
M-50 Biweekly 4,066.15 4,504.62 4,943.08 Planning Manager Monthly 8,810.00 9,760.00 10,710.00 Utilities Manager
Annual 105,720.00 117,120.00 128,520.00
M-51 Biweekly 4,166.77 4,617.23 5,067.69 Building Official Monthly 9,028.00 10,004.00 10,980.00 Director of Legis and Info Services Annual 108,336.00 120,048.00 131,760.00 Director of Recreation Services Information Technology Manager
M-52 Biweekly 4,270.62 4,732.38 5,194.15
Monthly 9,253.00 10,253.50 11,254.00
Annual 111,036.00 123,042.00 135,048.00
M-53 Biweekly 4,378.15 4,850.54 5,322.92 Accounting Manager Monthly 9,486.00 10,509.50 11,533.00
Annual 113,832.00 126,114.00 138,396.00
M-54 Biweekly 4,488.00 4,972.15 5,456.31 Human Resources Officer Monthly 9,724.00 10,773.00 11,822.00
Annual 116,688.00 129,276.00 141,864.00
M-55 Biweekly 4,600.62 5,097.00 5,593.38
Monthly 9,968.00 11,043.50 12,119.00
Annual 119,616.00 132,522.00 145,428.00
M-56 Biweekly 4,716.46 5,224.85 5,733.23
Monthly 10,219.00 11,320.50 12,422.00
Annual 122,628.00 135,846.00 149,064.00
M-57 Biweekly 4,831.38 5,353.62 5,875.85
Monthly 10,468.00 11,599.50 12,731.00
Annual 125,616.00 139,194.00 152,772.00
M-58 Biweekly 4,953.69 5,488.15 6,022.62
Monthly 10,733.00 11,891.00 13,049.00
Annual 128,796.00 142,692.00 156,588.00
M-59 Biweekly 5,076.00 5,625.00 6,174.00 City Engineer
Monthly 10,998.00 12,187.50 13,377.00
Annual 131,976.00 146,250.00 160,524.00
M-60 Biweekly 5,204.77 5,766.92 6,329.08
Monthly 11,277.00 12,495.00 13,713.00
Annual 135,324.00 149,940.00 164,556.00
M-61 Biweekly 5,335.85 5,910.92 6,486.00
Monthly 11,561.00 12,807.00 14,053.00

Page 167 of 568 ends

EXHIBIT B
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 07/05/2024
Annual 138,732.00 153,684.00 168,636.00
M-62 Biweekly 5,466.46 6,057.46 6,648.46
Monthly 11,844.00 13,124.50 14,405.00
Annual 142,128.00 157,494.00 172,860.00
M-63 Biweekly 5,603.54 6,208.38 6,813.23 Police Commander Monthly 12,141.00 13,451.50 14,762.00
Annual 145,692.00 161,418.00 177,144.00
M-64 Biweekly 5,743.85 6,365.08 6,986.31
Monthly 12,445.00 13,791.00 15,137.00
Annual 149,340.00 165,492.00 181,644.00
M-65 Biweekly 5,888.77 6,524.08 7,159.38
Monthly 12,759.00 14,135.50 15,512.00
Annual 153,108.00 169,626.00 186,144.00
M-66 Biweekly 6,034.15 6,685.85 7,337.54
Monthly 13,074.00 14,486.00 15,898.00
Annual 156,888.00 173,832.00 190,776.00
M-67 Biweekly 6,185.54 6,854.31 7,523.08
Monthly 13,402.00 14,851.00 16,300.00
Annual 160,824.00 178,212.00 195,600.00
M-68 Biweekly 6,341.54 7,026.00 7,710.46 Director of Administrative Services Monthly 13,740.00 15,223.00 16,706.00 Director of Community Development Annual 164,880.00 182,676.00 200,472.00 Director of Public Works M-69 Biweekly 6,499.38 7,201.15 7,902.92
Monthly 14,082.00 15,602.50 17,123.00
Annual 168,984.00 187,230.00 205,476.00
M-70 Biweekly 6,662.31 7,381.62 8,100.92
Monthly 14,435.00 15,993.50 17,552.00
Annual 173,220.00 191,922.00 210,624.00
M-71 Biweekly 6,828.46 7,565.77 8,303.08
Monthly 14,795.00 16,392.50 17,990.00
Annual 177,540.00 196,710.00 215,880.00
M-72 Biweekly 6,999.23 7,755.00 8,510.77 Police Chief
Monthly 15,165.00 16,802.50 18,440.00
Annual 181,980.00 201,630.00 221,280.00
M-73 Biweekly 7,174.62 7,949.08 8,723.54
Monthly 15,545.00 17,223.00 18,901.00
Annual 186,540.00 206,676.00 226,812.00
M-74 Biweekly 7,354.15 8,147.77 8,941.38 Assistant City Manager/Public Works Monthly 15,934.00 17,653.50 19,373.00 Director

Page 168 of 568 ends

EXHIBIT B
Range LOW MID HIGH Position

CITY OF ARROYO GRANDE
Management Salary Ranges
Effective 07/05/2024
Annual 191,208.00 211,842.00 232,476.00
M-75 Biweekly 7,537.85 8,351.54 9,165.23
Monthly 16,332.00 18,095.00 19,858.00
Annual 195,984.00 217,140.00 238,296.00
M-76 Biweekly 7,726.15 8,560.15 9,394.15
Monthly 16,740.00 18,547.00 20,354.00
Annual 200,880.00 222,564.00 244,248.00
M-77 Biweekly 7,919.08 8,774.31 9,629.54
Monthly 17,158.00 19,011.00 20,864.00
Annual 205,896.00 228,132.00 250,368.00
M-78 Biweekly 8,117.54 8,993.77 9,870.00 City Manager
Monthly 17,588.00 19,486.50 21,385.00
Annual 211,056.00 233,838.00 256,620.00

Page 169 of 568 ends

ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE ADOPTING COMPENSATION

ADJUSTMENTS FOR PART-TIME EMPLOYEES
WHEREAS, the City Council of the City of Arroyo Grande (“City”) deems it in the best interest of the City and in order to ensure compliance with State law, that compensation for part-time employees be adjusted as hereinafter provided.

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

1. Salary ranges for part-time employee classifications shall be adjusted as designated in Exhibit “A” attached hereto and incorporated herein by this reference, to be effective for the pay period beginning September 15, 2023.

2. All other part-time employee salary and benefit terms and conditions remain in full force and effect.

3. The Citywide Combined Salary Schedule as designated in Exhibit “B”, attached hereto and incorporated herein by this reference, to be effective September 15, 2023, reflecting the above described changes is hereby adopted.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 12 th day of September, 2023.

Page 170 of 568 ends

RESOLUTION NO.

PAGE 2

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

Page 171 of 568 ends

CITY OF ARROYO GRANDE

COMBINED SALARY SCHEDULE
EFFECTIVE 09/15/2023
GROUP: PART-TIME POSITIONS
POLICE DEPARTMENT Step A Step B Step C Step D
Administrative Intern (Cadet) $17.38 $18.24 $19.16 $20.12 Records Clerk $22.29 $23.40 $24.57 $25.80
Fleet & Equipment Technician $26.92 $28.27 $29.68 $31.17 Neighborhood Services Technician $24.03 $25.23 $26.49 $27.82 Training Technician $26.92 $28.27 $29.68 $31.17
Police Reserve Officer Trainee $25.70 $26.98 $28.33 $29.75 Police Reserve Officer $29.51 $30.98 $32.53 $34.16
Designated Level I Reserve Officer $36.88 $38.73 $40.66 $42.70

RECREATION SERVICES DEPARTMENT
Facility Attendant $16.07 $16.88 $17.72 $18.61
Senior Facility Attendant $17.08 $17.93 $18.83 $19.77
Sports Facility Attendant $16.07 $16.88 $17.72 $18.61
Volunteer and Program Coordinator $26.37 $27.69 $29.07 $30.53

MISCELLANEOUS
Capital Improvement Projects Manager $47.90 $51.14 $54.59 $58.24 Administrative Intern $16.87 $17.71 $18.60 $19.53
Office Assistant I $18.02 $18.92 $19.87 $20.86
Office Assistant II $21.07 $22.13 $23.23 $24.40
Sr. Office Assistant $22.18 $23.29 $24.45 $25.68
Administrative Secretary $25.35 $26.62 $27.95 $29.34
Executive Secretary $29.96 $31.46 $33.03 $34.68
Building Permit Technician $27.92 $29.32 $30.78 $32.32
Assistant Engineer $37.56 $39.44 $41.41 $43.48
Associate Engineer $42.49 $44.61 $46.85 $49.19
Planning Technician $27.92 $29.32 $30.78 $32.32
Assistant Planner $33.07 $34.72 $36.46 $38.28
Associate Planner $36.51 $38.34 $40.25 $42.26
Custodian $18.85 $19.79 $20.78 $21.82
Maintenance Worker $22.36 $23.48 $24.65 $25.88
Student Intern (seasonal) $16.07

FIVE CITIES FIRE AUTHORITY
Office Assistant II $18.81 $19.75 $20.72 $21.77
Reserve Firefighter $16.00 $17.00 $18.00

HOURLY RATE

EXHIBIT A

Page 172 of 568 ends

GROUP: SEIU
Position A B C D E
Office Assistant I Biweekly 1,661.07 1,744.13 1,831.33 1,922.90 2,019.05 Monthly 3,598.99 3,778.94 3,967.89 4,166.29 4,374.60
Annual 43,187.94 45,347.33 47,614.70 49,995.44 52,495.21 Accounting Clerk I Biweekly 1,702.60 1,787.73 1,877.12 1,970.97 2,069.52 Monthly 3,688.97 3,873.42 4,067.09 4,270.44 4,483.97
Annual 44,267.64 46,481.02 48,805.07 51,245.32 53,807.59 Maintenance Worker I Biweekly 1,788.80 1,878.24 1,972.15 2,070.75 2,174.29 Monthly 3,875.72 4,069.51 4,272.99 4,486.63 4,710.97
Annual 46,508.68 48,834.12 51,275.82 53,839.62 56,531.60 Office Assistant II Biweekly 1,833.52 1,925.19 2,021.45 2,122.52 2,228.65 Monthly 3,972.62 4,171.25 4,379.81 4,598.80 4,828.74
Annual 47,671.40 50,054.97 52,557.72 55,185.61 57,944.89 Accounting Clerk II Biweekly 1,974.50 2,073.22 2,176.88 2,285.73 2,400.01 Maintenance Worker II Monthly 4,278.07 4,491.98 4,716.58 4,952.41 5,200.03 Neighborhood Services Tech. Annual 51,336.88 53,903.73 56,598.92 59,428.86 62,400.30 Administrative Secretary Biweekly 2,179.47 2,288.45 2,402.87 2,523.01 2,649.16 Monthly 4,722.19 4,958.30 5,206.22 5,466.53 5,739.86
Annual 56,666.32 59,499.63 62,474.61 65,598.34 68,878.26 Senior Accounting Clerk Biweekly 2,233.96 2,345.66 2,462.94 2,586.09 2,715.39 Building Permit Tech. Monthly 4,840.25 5,082.26 5,336.37 5,603.19 5,883.35 Plan/Engineer Permit Tech Annual 58,082.97 60,987.12 64,036.48 67,238.30 70,600.22 Sports Facility Coord.

Recreation Coordinator
Maintenance Worker III
Water Services Worker Biweekly 2,347.05 2,464.41 2,587.63 2,717.01 2,852.86 Monthly 5,085.29 5,339.55 5,606.53 5,886.85 6,181.20
Annual 61,023.42 64,074.59 67,278.32 70,642.24 74,174.35 Fleet Maint. Coordinator Biweekly 2,465.87 2,589.17 2,718.63 2,854.56 2,997.29 Community Services Specialist Monthly 5,342.73 5,609.86 5,890.36 6,184.88 6,494.12 Annual 64,112.73 67,318.37 70,684.29 74,218.50 77,929.43 Public Works Lead Worker Biweekly 2,527.52 2,653.90 2,786.59 2,925.92 3,072.22 Parks Lead Worker Monthly 5,476.30 5,750.11 6,037.62 6,339.50 6,656.47 Annual 65,715.55 69,001.33 72,451.40 76,073.97 79,877.67

CITY OF ARROYO GRANDE

COMBINED SALARY SCHEDULE
EFFECTIVE 09/15/2023

EXHIBIT B

Page 173 of 568 ends

CITY OF ARROYO GRANDE

COMBINED SALARY SCHEDULE
EFFECTIVE 09/15/2023
GROUP: SEIU
Position A B C D E
GIS Technician Biweekly 2,721.86 2,857.96 3,000.86 3,150.90 3,308.44 Monthly 5,897.37 6,192.24 6,501.85 6,826.95 7,168.29
Annual 70,768.46 74,306.89 78,022.23 81,923.34 86,019.51 Recreation Supervisor Biweekly 2,789.91 2,929.41 3,075.88 3,229.67 3,391.15 Streets Maintenance Supervisor Monthly 6,044.81 6,347.05 6,664.40 6,997.62 7,347.50 Parks, Tree & Landscape Supervisor Annual 72,537.67 76,164.56 79,972.79 83,971.43 88,170.00 Utilities/Water & Sewer System Supervisor
Soto Sports Complex Maint. & Coord. Supervisor
Citywide Fleet Coordinator Biweekly 2,859.66 3,002.64 3,152.77 3,310.41 3,475.93 Monthly 6,195.93 6,505.72 6,831.01 7,172.56 7,531.19
Annual 74,351.12 78,068.67 81,972.11 86,070.71 90,374.25 IT Specialist Biweekly 3,004.43 3,154.65 3,312.38 3,478.00 3,651.90 Assistant Engineer Monthly 6,509.60 6,835.07 7,176.83 7,535.67 7,912.45 Engineering Inspector Annual 78,115.14 82,020.90 86,121.94 90,428.04 94,949.44 Program Analyst
Associate Engineer Biweekly 3,399.24 3,569.20 3,747.66 3,935.04 4,131.79 Monthly 7,365.01 7,733.26 8,119.92 8,525.92 8,952.21
Annual 88,380.11 92,799.12 97,439.07 102,311.03 107,426.58 Senior Engineer Biweekly 3,660.60 3,843.63 4,035.82 4,237.61 4,449.49 Monthly 7,931.31 8,327.88 8,744.27 9,181.48 9,640.56
Annual 95,175.71 99,934.50 104,931.23 110,177.79 115,686.68

Page 174 of 568 ends

CITY OF ARROYO GRANDE

COMBINED SALARY SCHEDULE
EFFECTIVE 09/15/2023
GROUP: POA
Position A B C D E
Police Officer Biweekly 3,287.34 3,451.71 3,624.30 3,805.51 3,995.79 Monthly 7,122.58 7,478.70 7,852.64 8,245.27 8,657.54
Annual 85,470.91 89,744.45 94,231.68 98,943.26 103,890.42 Sr. Police Officer Biweekly 3,630.07 3,811.57 4,002.15 4,202.26 4,412.37 Monthly 7,865.15 8,258.40 8,671.32 9,104.89 9,560.13
Annual 94,381.74 99,100.83 104,055.87 109,258.66 114,721.60 Police Sergeant Biweekly 4,312.46 4,528.08 4,754.49 4,992.21 5,241.82 Monthly 9,343.67 9,810.85 10,301.39 10,816.46 11,357.28 Annual 112,123.98 117,730.18 123,616.69 129,797.53 136,287.40 Records Clerk Biweekly 2,097.48 2,202.35 2,312.47 2,428.10 2,549.50 Monthly 4,544.54 4,771.77 5,010.36 5,260.87 5,523.92
Annual 54,534.50 57,261.22 60,124.28 63,130.50 66,287.02 Records/Property Evidence Tech. Biweekly 2,317.30 2,433.16 2,554.82 2,682.56 2,816.69 Monthly 5,020.81 5,271.85 5,535.44 5,812.21 6,102.83
Annual 60,249.71 63,262.20 66,425.31 69,746.57 73,233.90 Police Trainee Biweekly 2,621.57 2,752.65 2,890.28 3,034.80 3,186.54 Monthly 5,680.07 5,964.07 6,262.28 6,575.39 6,904.16
Annual 68,160.85 71,568.89 75,147.34 78,904.70 82,849.94

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CITY OF ARROYO GRANDE

COMBINED SALARY SCHEDULE
EFFECTIVE 09/15/2023
GROUP: FCFA IAFF
Position A B C D E
Fire Fighter Biweekly 2,365 2,483 2,607 2,737 2,875
Monthly 5,124 5,380 5,649 5,931 6,228
Annual 61,488 64,562 67,791 71,168 74,738
Fire Engineer Biweekly 2,742 2,880 3,024 3,175 3,333
Monthly 5,942 6,239 6,551 6,879 7,222
Annual 71,304 74,869 78,613 82,543 86,658
Fire Captain Biweekly 3,260 3,423 3,594 3,774 3,963
Monthly 7,063 7,417 7,787 8,177 8,586
Annual 84,756 89,006 93,444 98,128 103,035
GROUP: FCFA MANAGEMENT
Position LOW MID HIGH
Administrative Operations Manager/ Biweekly 3,273 3,626 3,980 Clerk to the Board Monthly 7,091 7,857 8,623
Annual 85,089 94,280 103,471
Battalion Chief Biweekly 4,843 5,365 5,888
Monthly 10,493 11,625 12,756
Annual 125,919 139,495 153,077
Fire Chief Biweekly 5,618 6,224 6,831
Monthly 12,173 13,487 14,802
Annual 146,072 161,833 177,618

Page 176 of 568 ends

CITY OF ARROYO GRANDE

COMBINED SALARY SCHEDULE
EFFECTIVE 09/15/2023
GROUP: MANAGEMENT
Position LOW MID HIGH
Office Assistant I Biweekly 1,654.15 1,833.23 2,012.31
Monthly 3,584.00 3,972.00 4,360.00
Annual 43,008.00 47,664.00 52,320.00
Office Assistant II Biweekly 1,826.31 2,023.85 2,221.38 Monthly 3,957.00 4,385.00 4,813.00
Annual 47,484.00 52,620.00 57,756.00
Administrative Secretary Biweekly 2,118.46 2,347.62 2,576.77 Monthly 4,590.00 5,086.50 5,583.00
Annual 55,080.00 61,038.00 66,996.00
Executive Secretary Biweekly 2,397.23 2,656.15 2,915.08 Monthly 5,194.00 5,755.00 6,316.00
Annual 62,328.00 69,060.00 75,792.00
Assistant Planner Biweekly 2,645.54 2,931.92 3,218.31
Monthly 5,732.00 6,352.50 6,973.00
Annual 68,784.00 76,230.00 83,676.00
Deputy City Clerk/ Biweekly 2,849.54 3,157.38 3,465.23
Communications Coordinator Monthly 6,174.00 6,841.00 7,508.00 Assistant Projects Manager Annual 74,088.00 82,092.00 90,096.00 Associate Planner Biweekly 2,921.08 3,236.08 3,551.08
Monthly 6,329.00 7,011.50 7,694.00
Annual 75,948.00 84,138.00 92,328.00
Management Analyst Biweekly 3,387.23 3,753.23 4,119.23
Monthly 7,339.00 8,132.00 8,925.00
Annual 88,068.00 97,584.00 107,100.00
Public Works Manager Biweekly 3,648.46 4,041.92 4,435.38 Monthly 7,905.00 8,757.50 9,610.00
Annual 94,860.00 105,090.00 115,320.00
Capital Improvement Projects Biweekly 3,832.15 4,245.69 4,659.23 Manager Monthly 8,303.00 9,199.00 10,095.00
Annual 99,636.00 110,388.00 121,140.00
Planning Manager Biweekly 3,928.62 4,352.31 4,776.00
Utilities Manager Monthly 8,512.00 9,430.00 10,348.00
Annual 102,144.00 113,160.00 124,176.00

Page 177 of 568 ends

CITY OF ARROYO GRANDE

COMBINED SALARY SCHEDULE
EFFECTIVE 09/15/2023
GROUP: MANAGEMENT
Position LOW MID HIGH
Building Official Biweekly 4,026.00 4,461.23 4,896.46
Dir of Legis and Info Services Monthly 8,723.00 9,666.00 10,609.00 Dir of Recreation Services Annual 104,676.00 115,992.00 127,308.00 Information Technology Mgr
Accounting Manager Biweekly 4,230.00 4,686.46 5,142.92
Monthly 9,165.00 10,154.00 11,143.00
Annual 109,980.00 121,848.00 133,716.00
Human Resources Officer Biweekly 4,336.15 4,803.92 5,271.69 Monthly 9,395.00 10,408.50 11,422.00
Annual 112,740.00 124,902.00 137,064.00
City Engineer Biweekly 4,904.31 5,434.85 5,965.38
Monthly 10,626.00 11,775.50 12,925.00
Annual 127,512.00 141,306.00 155,100.00
Police Commander Biweekly 5,413.85 5,998.38 6,582.92
Monthly 11,730.00 12,996.50 14,263.00
Annual 140,760.00 155,958.00 171,156.00
Director of Public Works Biweekly 6,126.92 6,788.31 7,449.69 Dir of Administrative Services Monthly 13,275.00 14,708.00 16,141.00 Dir of Community Develop Annual 159,300.00 176,496.00 193,692.00 Police Chief Biweekly 6,762.46 7,492.62 8,222.77
Monthly 14,652.00 16,234.00 17,816.00
Annual 175,824.00 194,808.00 213,792.00
Assistant City Manager/Public Biweekly 7,105.38 7,872.23 8,639.08 Works Director Monthly 15,395.00 17,056.50 18,718.00
Annual 184,740.00 204,678.00 224,616.00
City Manager Biweekly 7,842.92 8,689.62 9,536.31
Monthly 16,993.00 18,827.50 20,662.00
Annual 203,916.00 225,930.00 247,944.00

Page 178 of 568 ends

CITY OF ARROYO GRANDE

FIVE CITIES FIRE AUTHORITY
Office Assistant II $18.81 $19.75 $20.72 $21.77
Reserve Firefighter $16.00 $17.00 $18.00

HOURLY RATE

Page 179 of 568 ends

Item 9.f.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Interim City Manager
BY: Aleah Bergam, Management Analyst
SUBJECT: Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events
DATE: September 12, 2023
SUMMARY OF ACTION:

Adoption of the Resolution will end the two declared and ratified local emergencies associated with the to the storm event impacts that began in December 2022.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There are no direct fiscal impacts related to the proposed action. City staff will continue to work with California Governor’s Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA), and process applications for public assistance in the form of state or federal disaster relief funds in order to reimburse the City for eligible costs incurred during the declared local emergencies.

RECOMMENDATION:
1) Adopt a Resolution declaring the end of the local emergency related to the ongoing storm events, that began in December 2022; 2) Make findings that adopting the Resolution terminating the local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because the termination 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 their capacity as the Director of Emergency Services, proclaimed a local emergency on January 18, 2023, regarding the severe January 2023 winter storms. The City Council ratified the emergency proclamation at its regular meeting on January 24, 2023.

Page 180 of 568 ends

Item 9.f.

City Council
Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events
September 12, 2023

Page 2 ends

Multiple additional atmospheric river systems again struck the Central Coast beginning on March 9, 2023, and the City Manager, again in their 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 that second 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.

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

8.12.065(C) and State law. On July 18, 2023, the County of San Luis Obispo terminated their local emergency declaration and as such, staff recommend terminating the City of Arroyo Grande’s local emergency declaration. Arroyo Grande would also be following the termination of local emergencies by a number of other cities in the County in recent months. The termination of the local emergency is also consistent with Government Code section 8630, subdivision (d), that the City Council shall terminate a local emergency proclamation “at the earliest possible date that conditions warrant.” During the 2023 storm events, the City experienced significant storm damage related to rising water levels along Arroyo Grande Creek and throughout other areas of the City.

City staff have spent time and resources responding to the local emergency and the City has incurred costs associated with tree and debris removal, equipment rentals, damage repairs, and personnel overtime. Some of the work required to respond to the local emergencies and the clean-up related to the aftermath of the storm has been completed.

Other work will be needed to address damage created by the local disaster will continue in the coming months such as significant debris (large fallen trees, accumulation of entanglements of branches and brush, and heavy siltation buildup at several locations) removal from Arroyo Grande Creek in preparation for the next rainy season. Staff has already submitted reimbursement requests to FEMA for this work and is coordinating with FEMA regarding inspections of each and all damaged areas. FEMA inspections include a FEMA representative who visits the site and documents and observes the damaged areas alongside City staff. As staff has already submitted reimbursement requests and is working with FEMA on ongoing inspections of the damaged sites, staff recommends adoption of a Resolution declaring the end of the local emergency.

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Item 9.f.

City Council
Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events
September 12, 2023

Page 3 ends

ALTERNATIVES:

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

1. Adopt a Resolution declaring the end of the local emergency related to the ongoing 2023 storm events; 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 2023 ongoing storm events and clarify the end of the local emergency. The City continues to work with local, state and federal agencies to receive maximum reimbursements for response, mitigation and recovery costs. Ending the local emergency will not jeopardize Federal or State reimbursements. This was confirmed during discussions with the County of San Luis Obispo’s Office of Emergency Services Manager.

DISADVANTAGES:

No disadvantages have been identified to adopting the Resolution.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item. Adopting the Resolution ending a local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
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 Terminating the Local Emergency

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE TERMINATING THE LOCAL

EMERGENCIES WITHIN THE CITY OF ARROYO
GRANDE (MARCH 2023 AND STORM EVENTS THAT
BEGAN 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 regularly, consistent with the City’s Municipal Code; 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, enabling public agencies in impacted counties that suffered damage or losses from the storms to apply for federal disaster assistance; and WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and

Page 183 of 568 ends

RESOLUTION NO.

PAGE 2
WHEREAS, on January 17, 2023, the Department of Homeland Security amended the major disaster declaration issued in January 14, 2023 related to the January 2023 storm events to add San Luis Obispo County as an affected county, enabling Arroyo Grande residents who had damage or losses from the storms to apply for Federal Emergency Management Agency (FEMA) disaster assistance; and
WHEREAS, on March 11, 2023, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code, the City Manager, in her capacity as the Director of Emergency Services Director, proclaimed a local emergency within the City commencing on or about March 9, 2023, in response to the latest series of atmospheric river systems and the damage to the City due to the storm events that began on December 27, 2022; and WHEREAS, the City Council ratified the emergency proclamation through adoption of Resolution No. 5273 at its regular meeting on March 14, 2023; and WHEREAS, the City Manager’s March 11, 2023 proclamation followed a County of San Luis Obispo issued Proclamation of Local Emergency on March 10, 2023 for the entire County due to severe storms; and
WHEREAS, on March 10, 2023, President Biden approved a California Emergency Declaration beginning on March 9, 2023, ordering Federal assistance to supplement State, tribal and local response efforts; and
WHEREAS, the atmospheric rivers caused significant flooding of City infrastructure and streets, as well as homes in Arroyo Grande; and
WHEREAS, City staff have spent time and resources responding to the local emergency and the City has incurred costs associated with tree and debris removal, equipment rentals, damage repairs, and personnel overtime; and WHEREAS, some of the work associated with responding to the local emergency and the clean-up related to the aftermath of the storm has been completed, and the City continues to work with local, state and federal agencies to receive maximum reimbursements for response, mitigation and recovery costs; and WHEREAS, on July 18, 2023, the County of San Luis Obispo terminated their local emergency declaration; and
WHEREAS, the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by the ongoing storm events has concluded and the emergency declaration may be terminated pursuant to Arroyo Grande Municipal Code section 8.12.065.D.; and

Page 184 of 568 ends

RESOLUTION NO.

PAGE 3
WHEREAS, The termination of the local emergency is also consistent with Government Code section 8630, subdivision (d), that the City Council shall terminate a local emergency proclamation “at the earliest possible date that conditions warrant”; and WHEREAS, adopting this Resolution terminating the local emergency is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.).

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 herein.

2. The City Council hereby terminates the current local emergency (see Resolution Nos. 5269 and 5273), related to the storm events that began December, 2022, and finds the situation resulting from the emergency conditions is within the control of the normal protective services, personnel, equipment and facilities of the City pursuant to Arroyo Grande Municipal Code section 8.12.065.D.

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 12th day of September, 2023.

Page 185 of 568 ends

RESOLUTION NO.

PAGE 4

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

Page 186 of 568 ends

1 Item 9.g.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
August 22, 2023, 5:00 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, Interim City Manager Bill Robeson,
Administrative Services Director Nicole
Valentine, Community Development Director
Brian Pedrotti, Planning Manager Andrew
Perez, Human Resources Officer Tashina
Ureno
This meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:01 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 invited public comment. No public comments were received.

5. CLOSED SESSION
City Attorney Rosen announced that the City Council will recess to a closed session for the following and will report any reportable action at the City Council Regular meeting at 6:00 p.m.:
a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

1. Employee Organization: Arroyo Grande Police Officers’ Association

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2 Item 9.g.

City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services

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

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

4. City Manager
City-designated negotiators: Che Johnson, Special Labor Counsel City Council adjourned to Closed Session at 5:03 p.m.

6. ADJOURNMENT
Mayor Ray Russom adjourned the meeting at 5:57 p.m.

REGULAR MEETING 6:00 P.M.
_____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the Regular City Council Meeting to order at 6:01 p.m.

2. ROLL CALL
City Clerk Matson took roll call.

3. MOMENT OF REFLECTION

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

5. AGENDA REVIEW

5.a Closed Session Announcements
City Council Closed Session Meeting of August 22, 2023
a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

1. Employee Organization: Arroyo Grande Police Officers’ Association

1. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services

Page 188 of 568 ends

3 Item 9.g.

2. Employee Organization: Service Employees International Union, Local 620

1. City-designated negotiators: Che Johnson, Special Labor Counsel; Tashina Ureno, Human Resources Officer; Nicole Valentine, Director of Administrative Services

3. Unrepresented Management Employees

1. City-designated negotiators: Che Johnson, Special Labor Counsel

4. City Manager

1. City-designated negotiators: Che Johnson, Special Labor Counsel City Attorney Isaac Rosen announced that there was no reportable action.

5.b Ordinances read in title only
None.

6. SPECIAL PRESENTATIONS

6.a Interim City Manager Communications
Interim City Manager Robeson provided information regarding complaints received about a different taste in the water.

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:

5. California Joint Powers Insurance Authority (CJPIA)

6. Central Coast Blue Regional Recycled Water Authority Board

7. Five Cities Fire Authority

8. San Luis Obispo County Mayor's Meeting

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

10. Other

7.b MAYOR PRO TEM BARNEICH:

1. Audit Committee

2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

Page 189 of 568 ends

4 Item 9.g.

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 Governmental Affairs Committee

3. 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.

Mayor Ray Russom acknowledged supplemental information for Item 9.d. and Council made comments on Items 9.d., 9.e., 9.f., and 9.g.

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

Moved by Mayor Pro Tem Barneich
Seconded by Council Member George
Approve Consent Agenda Items 9.a. through 9.l. with the recommended courses of action and amended recommendation in Item 9.d.

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

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5 Item 9.g.

9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of July 16 through July 31, 2023; and 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 an Agreement with Mosaic Public Partners for Executive and Professional Recruitment Services and Request to Approve a Budget Adjustment Request
Approved an Agreement with Mosaic Public Partners for executive and professional recruitment services and approve one related budget adjustment.

9.c 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 (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.d Consideration of Appointments to the Arroyo Grande Tourism Business Improvement District Advisory Board
1) Approved Mayor Ray Russom’s recommendation to appoint Sean Dasmann to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board; 2) Approved Mayor Pro Tem Barneich’s recommendation to appoint Greg Dutson to the AGTBID Advisory Board; 3) Approved Council Member Guthrie’s recommendation to appoint Jared Worthen to the AGTBID Advisory Board; and 4) Approved Council Member Secrest’s recommendation to appoint Jeannie Miranda to the AGTBID Advisory Board.

9.e Consideration of Appointment to the City of Arroyo Grande Downtown Parking Advisory Board
Approved a recommendation by Mayor Pro Tem Barneich to appoint Alex Creswell to the City of Arroyo Grande Downtown Parking Advisory Board.

9.f Consideration of an Agreement with Clifford Moss for Voter Opinion Polling and Public Outreach and Education Services for a Potential Future Ballot Measure Approved a Professional Services Agreement with Clifford Moss for Voter Opinion Polling and Public Outreach and Education services for an amount not to exceed $115,000 in substantially final form.

9.g Consideration of Appointment of a Voting Delegate for the League of California Cities Annual Conference

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6 Item 9.g.

Appointed Council Member Jim Guthrie as the voting delegate for the League of California Cities Annual Conference and authorized submittal by the City of the League of California Cities’ Voting Delegate/Alternate Form.

9.h Approval of Minutes
Approved the minutes of the Regular City Council Meeting of August 8, 2023, as submitted.

9.i Consideration to Approve an Exclusive Vendor Police Tow Service Agreement Extension with College Towing South
Authorized the Interim City Manager to execute a two-year extension for the exclusive vendor police tow service Agreement with College Towing South for towing services with several modified terms, described herein.

9.j Consideration of Adding the Add-Alternate Elements to the Contract for Construction of the 2022 Concrete Repairs Project, PW 2022-07
1) Increased the contract for the 2022 Concrete Repairs Project to JJ Fisher Construction, Inc. in the amount of $122,187 for the two add-alternate elements of, a) the east and south crosswalks and adjoining curb at the intersection of East Branch and Mason Streeet, and b) 920 square feet of sidewalk repairs adjacent to the curb ramp improvements at Alder Street and Farroll Avenue; 2) Authorized the City Manager to approve change orders of 10% of the additional amount, $12,218.70, for unanticipated costs during the construction phase of the Project; and 3) Approved two budget adjustment requests.

9.k Monthly Water Supply & Demand Update
Received and filed the Monthly Water Supply and Demand Update.

9.l Consideration of the Summary Vacation of a Public Utility Easement Located at 1180 Linda Drive
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE SUMMARILY VACATING A PORTION OF PUBLIC UTILITY EASEMENT AT 1180 LINDA DRIVE".

10. PUBLIC HEARINGS
None.

11. OLD BUSINESS

11.a General Plan Update Study Session and Consultant Introduction Community Development Director Pedrotti introduced the item; Brent Gibbons and Michael Gibbons, Mintier Harnish Consultants, provided a presentation of the General Plan Update.

Staff and consultants responded to questions from Council.

Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided, Patty O'Keefe, and No Name Provided. City Clerk Matson read into the record written comments submitted by Gaea Powell. No further public comments were received. Staff and consultants responded to questions from the public.

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7 Item 9.g.

Council provided feedback and direction regarding indicators of success, key challenges, and key opportunities; and directed staff to pursue options for increased public engagement including hard-copy community surveys along with online surveys.

12. NEW BUSINESS
None.

13. COUNCIL COMMUNICATIONS
Mayor Pro Tem Barneich shared appreciation expressed from a recipient of the Community Service Grant Program; and stated that she would like the meeting adjourned in honor of late Paso Robles Mayor, Steve Martin.

Mayor Ray Russom commented on a question covered in the Grand Jury Report regarding safe parking; the Day of Hope on August 23rd; the Cal Poly Football "Arroyo Grande Day" on October 7th; and providing a Resolution in honor of late Paso Robles Mayor, Steve Martin.

14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 8:43 p.m. in memory of former Paso Robles Mayor, Steve Martin. _________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

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Item 9.h.

MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Jeremy Burns, Police Sergeant
SUBJECT: Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement
DATE: September 12, 2023
SUMMARY OF ACTION:

Adopt a Resolution authorizing the Chief of Police to execute an agreement with the California Office of Traffic Safety (OTS) for the receipt of grant funding through the Selective Traffic Enforcement Program (STEP), which will be used for traffic and Driving Under the Influence (DUI) enforcement.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no adverse financial impact to the City of Arroyo Grande to accept the OTS grant.

The annual grant award is for $65,000. The cost of this program will fall into the following categories: equipment and educational materials ($5,169); training/travel costs ($2,668); and overtime staffing for operations ($57,163), all three categories totaling $65,000. The cost and time of equipment purchases, training, and overtime staffing for operations will be directly reimbursed through the grant. The cost of time for grant management will be absorbed into the regular duties of the Police Department Administration and Administrative Services Division of the City.

RECOMMENDATION:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Office of Traffic Safety (OTS) to help address ongoing traffic safety concerns and appropriate the funding for the activities and find the action exempt from CEQA; and 2) approve a Budget Amendment Request for FY 2023-24 in the amount of $65,000 to account for the additional revenue that will be issued under the OTS grant, and expenditures related to the grant.

BACKGROUND:

The Arroyo Grande Police Department has accepted grant funding from the California Office of Traffic Safety (OTS) intermittently in the past. For instance, the Police

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Item 9.h.

City Council
Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement
September 12, 2023

Page 2 ends

Department has hosted the county-wide AVOID the 14 Driving Under the Influence (DUI) grant program funded through OTS and participated as a member of that program every year it was available. In 2014, OTS restructured its grant programs and eliminated the large, county-wide grant programs due to the significant costs involved. OTS now offers smaller grants to the individual agencies with the goal of a more focused program with easier program management and greater financial accountability. In Fiscal Years 2015- 16, 2020-21, 2021-22, and 2022-23, the Arroyo Grande Police Department received OTS funding and managed these grants, the Selective Traffic Enforcement Program (STEP).

In Fiscal Year 2022-2023, the City received funding of $58,000 in the form of a STEP grant. This STEP grant provided funding for enforcement activities including DUI checkpoints, DUI saturation patrols, distracted driving enforcement, and pedestrian safety enforcement. The STEP grant also provided funding for traffic enforcement and training for officers, and funding for the purchase of traffic enforcement equipment, including a new hand-held LIDAR device, and two new handheld radar devices.

ANALYSIS OF ISSUES:

The City of Arroyo Grande currently hosts a resident population of approximately 17,924.

However, the City experiences a significant increase in daily population and traffic due to employment, business and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the cities immediately adjacent, making up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated at approximately 35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities area, servicing over 2000 high school students daily.

This causes an increase in the number of inexperienced drivers on the road as well as bicyclists and pedestrians. Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number of driver’s, bicyclists, and pedestrians on City roadways. With the resident, student, and transient tourist populations impacting the City’s total service population, traffic collisions and traffic incidents have also increased over the last several years.

An annual review of DUI collisions reveals that DUI incidents usually increase during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends, and the holiday period, Thanksgiving through New Year’s. Other timeframes with identified increased DUI crimes and collisions include Halloween, Super Bowl Sunday, and local festivals/events.

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Item 9.h.

City Council
Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement
September 12, 2023

Page 3 ends

Specific to the City of Arroyo Grande, alcohol involved traffic incidents represent a significant threat to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole; thus law enforcement efforts need to target the safety of all drivers. The City of Arroyo Grande and the surrounding beach communities are desirable destinations for tourists and residents. In particular, the historic Village area consists of numerous restaurants, shops, and bars. This setting draws large numbers of visitors and patrons and increases both vehicular and pedestrian activity. The community is safer by reducing the number of DUI drivers on City streets.

Significant progress is made in reducing the frequency of DUI crimes and collisions when law enforcement agencies conduct awareness campaigns and enforcement efforts. At a nationwide level, there has been a significant downward trend in traffic deaths over the last 20 years. However, DUI deaths have not dropped as dramatically. With continued efforts between law enforcement, community–based organizations, and the media, the number of DUI fatalities could be decreased.

Through the proposed grant funding from OTS, the Arroyo Grande Police Department will be more successful in educating the public and curbing the problems associated with drunk driving, traffic violations, and distracted driving. This will increase the safety of pedestrians, bicyclists and motorists within the city. Accepting the OTS grant will allow the purchase of equipment and reimburse overtime staffing directly relating to training, traffic safety, enforcement of DUI laws, and public education. This will be accomplished through a variety of means including but not limited to: speed and distracted driving enforcement operations, advanced training in DUI detection for officers, DUI checkpoints and public awareness campaigns through educational presentations, and participation in OTS programs such as the AVOID Campaign (DUI), Pedestrian and Bicycle Safety Awareness Months, Click-it-or-Ticket, and Distracted Driving Awareness Month.

In the past, grant funding has allowed for the purchase of specialized equipment such as a DUI Command Trailer, lighting, and safety equipment, and funded overtime positions for enforcement programs and public education. The goal of the OTS-funded program is to decrease traffic collisions and incidents of driving under the influence by increasing public awareness of traffic related incidents including driving under the influence and increased enforcement of traffic and DUI laws.

ALTERNATIVES:

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

1. Adopt the Resolution authorizing the Chief of Police to execute the grant document and approve a Budget Amendment Request for FY 2023-24 in the amount of $65,000 to account for the additional revenue and expenditures related to the grant;

2. Do not adopt the Resolution;

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Item 9.h.

City Council
Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement
September 12, 2023

Page 4 ends

3. Provide other direction to staff.

ADVANTAGES:

Accepting the OTS grant will have several advantages. It will fund additional training in the area of traffic enforcement, DUI detection, and drug impaired driving detection. This will enhance the knowledge, skills, and abilities and, as a result, the overall effectiveness of officers’ ability to address these areas of concern. It will also reduce City liability by having more competent officers on daily patrol and participating in enforcement programs.

The OTS grant will fund equipment not currently in the budget. With the grant funds, additional equipment can be purchased such as flashlights and lighting equipment, speed determination devices, and safety equipment such as OSHA approved traffic safety vests.

The OTS grant will fund overtime for officers to conduct specialized enforcement operations in the identified areas of concern, such as speed and distracted driving enforcement, DUI saturation patrols, and DUI checkpoints.

Most importantly, the OTS grant will help fund a continuous public awareness campaign for the year to educate the public on traffic safety issues and driving under the influence.

DISADVANTAGES:

No disadvantages are identified if the recommended action is approved. By not accepting the grant, the Police Department will not receive additional funding to enhance its current training programs in the identified areas. This will limit the Police Department’s additional enforcement programs, training, and equipment and enhanced public education that can be accomplished with grant funding.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item. Adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities 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 and Draft Grant Agreement

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING AND AUTHORIZING THE

CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH

THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO

ACCEPT GRANT FUNDING FOR TRAFFIC SAFETY

PROGRAMS AND TO APPROPRIATE THE FUNDING FOR

THE PROGRAM ACTIVITIES AND FIND THE ACTION

EXEMPT UNDER CEQA
WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to receive Federal and/or State funding for a traffic safety enforcement, education, training and equipment through the California Office of Traffic Safety (“OTS”); and WHEREAS, OTS has awarded $65,000 in grant funding to the Arroyo Grande Police Department for its Selective Traffic Enforcement Program; and WHEREAS, OTS requires execution of a grant agreement in order to obtain the funding, incorporated into this Resolution as Exhibit A; and
WHEREAS, by accepting this grant and executing the OTS grant agreement, funding will allow for the purchase of equipment and reimburse overtime staffing directly relating to training, traffic safety functions, enforcement of driving under the influence laws and public education; and
WHEREAS, by accepting this OTS grant, an appropriation of funding will be required for the activities; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate authorization to the Chief of Police to execute this grant agreement and any amendments thereto.

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

1. The Recitals above are incorporated herein in their entirety.

2. The grant agreement is approved, and the Chief of Police is authorized to accept the grant award in the amount of $65,000 and execute the OTS grant agreement and amendments thereto with the State of California, Office of Traffic Safety incorporated into this Resolution as Exhibit A.

3. A Budget Amendment Request for FY 2023-24 in the amount of $65,000 is hereby approved to account for the additional revenue and expenditures related to the grant.

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ATTACHMENT 1

4. The City Council finds adopting this Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because the action 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.)
On motion of Council Member _________, seconded by Council Member _________, and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 12 th day of September, 2023.

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ATTACHMENT 1
RESOLUTION NO.

PAGE 2
_____________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
_____________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
_____________________________________

ISAAC ROSEN, CITY ATTORNEY

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ATTACHMENT 1

EXHIBIT A

OTS GRANT AGREEMENT

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8/13/2023 8:19:44 PM Page 1 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24007

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Arroyo Grande From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Arroyo Grande Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $65,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeremy Burns
Sergeant
[email protected]
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Michael Martinez
Chief of Police
[email protected]
(805) 473-5110
200 N. Halcyon Road
Arroyo Grande, CA 93420
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Nicole Valentine
Administrative Services Director
[email protected]
(805) 473-5400
300 E Branch St.

Arroyo Grande, CA 93420
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)

EXHIBIT A

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8/13/2023 8:19:44 PM Page 2 of 15

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $65,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$65,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $65,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

VKFHGF6PKWK7
300 E Branch St.

Arroyo Grande
93420-2706
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24007

1. PROBLEM STATEMENT
The City of Arroyo Grande currently hosts a resident population of approximately 17,924. However, the City experiences a significant increase in daily population and traffic due to employment, business and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the cities immediately adjacent, making up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated at approximately 35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities area, servicing over 2000 high school students daily. This causes an increase in the number of inexperienced drivers on the road as well as bicyclists and pedestrians. Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number of driver’s bicyclists and pedestrians on City roadways. With the resident, student, and transient tourist populations impacting the City’s total service population, traffic crashes and traffic incidents have also increased over the last several years.

Specific to the City of Arroyo Grande, alcohol involved traffic incidents are among the biggest threats to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole thus law enforcement efforts need to target all drivers. The City of Arroyo Grande and the surrounding beach communities are a desirable destination for tourists and residents. In particular, the historic village area consists of numerous restaurants, shops, and bars. These qualities draw large crowds, both vehicular and pedestrian. The community is safer by reducing the number of DUI drivers on the City streets. An annual review of driving under the influence (DUI) crashes reveals that DUI incidents are usually increased during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends and the holiday period (Thanksgiving through New Year’s). Other times with identified DUI crimes and crashes include Halloween, Super Bowl Sunday, Cinco de Mayo, and local festivals/events. The Arroyo Grande Village (downtown area) has several new bars and restaurants which draw large numbers of people on weekend and holiday nights.

In 2020, the Arroyo Grande Police Department made 81 DUI arrests, in 2021, AGPD made 156 DUI arrests, and in 2022 AGPD made 209 DUI arrests. Significant progress is made in reducing the frequency of DUI crimes and crashes when law enforcement agencies conduct awareness campaigns and enforcement efforts.

In 2021, there were 41 injury traffic crashes in the City of Arroyo Grande, affecting 51 victims. Additionally, 11 of these crashes were alcohol related, resulting in 15 injured victims. While fatal crash numbers in Arroyo Grande remain low, averaging less than one per year over the last several years, the number of victims injured in crashes has increased over the past several years, with the exception of the most recent calendar year. With a best practice and focused enforcement plan through the Selective Traffic Enforcement Program, the Arroyo Grande Police Department will be more successful in curbing the problems associated with intoxicated drivers, speeding vehicles, right of way violators, other aggressive driving, distracted driving, auto theft, and an increased pedestrian and bicyclist safety program. The Department has encouraged patrol officers and traffic officers to focus enforcement on reducing the alcohol and speed related crashes, along with increased pedestrian and bicyclist safety.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

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7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 5. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1

6. Send law enforcement personnel to the DRE Recertification training. 1

7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
4 8. Conduct DUI Saturation Patrol operation(s). 10

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
6 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
2 11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)

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 The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at

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[email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24007

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$45,000.00
402PT-24 20.600 State and Community Highway
Safety
$20,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $5,500.00 4 $22,000.00
DUI Saturation Patrols 164AL-24 $1,500.00 10 $15,000.00 Benefits for 164PT OT @7.65% 164AL-24 $37,000.00 1 $2,831.00 Traffic Enforcement 402PT-24 $1,400.00 6 $8,400.00
Distracted Driving 402PT-24 $1,400.00 2 $2,800.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,500.00 3 $4,500.00 Traffic Safety Education 402PT-24 $200.00 2 $400.00
Benefits for 402PT OT @7.65% 402PT-24 $16,100.00 1 $1,232.00 Category Sub-Total $57,163.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $2,668.35 1 $2,668.00
$0.00
Category Sub-Total $2,668.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $5,169.00 1 $5,169.00
Category Sub-Total $5,169.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $65,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24007

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 164PT OT @7.65% - Overtime Benefits @ 7.65% - Total Benefits

6.20% Social Security

1.45% Medicare
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Benefits for 402PT OT @7.65% - Overtime Benefits @ 7.65% - Total Benefits

6.20% Social Security

1.45% Medicare

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24007
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving companyowned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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Item 9.i.

MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Greg Pierce, Sergeant
SUBJECT: Consideration of a Resolution Approving a Grant Agreement with the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement
DATE: September 12, 2023
SUMMARY OF ACTION:

Adopt of a Resolution authorizing the Chief of Police to execute an agreement with the Department of Alcoholic Beverage Control (ABC) for the receipt of grant funding for public awareness, minor decoy operations, shoulder tap operations, Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT), and generally, implementation of ABC Alcohol Policing Partnership program.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no adverse financial impact to the City of Arroyo Grande by adopting this resolution. The grant awards reimbursement up to $41,500 in the following expense categories: A) Personnel Services $34,000; B) Operating Expenses $2,500; C) Equipment $2,500 and D) Travel Costs $2,500. The cost associated with equipment, educational materials, training, and overtime staffing for operations will be directly reimbursed through this grant.

RECOMMENDATION:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Department of Alcoholic Beverage Control (ABC) to accept grant funding and find the action exempt from CEQA; and 2) approve a Budget Amendment Request for FY 2023-24 in the amount of $41,500 to account for the additional revenue that will be issued under the ABC grant, and expenditures related to the grant.

BACKGROUND:

The Department of Alcoholic Beverage Control offers grants to local law enforcement agencies for the purposes of educating and enforcing various alcoholic beverage related crime tendencies. This program is intended to target both ABC licensed premises and

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Item 9.i.

City Council
Consideration of a Resolution Approving a Grant Agreement with the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement
September 12, 2023

Page 2 ends

individuals who furnish alcoholic beverages through education of licensee(s) and enforcement of relevant criminal statutes.

ANALYSIS OF ISSUES:

The City of Arroyo Grande currently has a population of approximately 17,924 residents.

Of those residents, approximately 23% are under the age of 18 and approximately 8% of persons are between the ages of 18 and 24. These statistics are similar to those for the population under the legal drinking age of 21, which is roughly a quarter of the City’s population. The City of Arroyo Grande’s population can experience significant periodic increases due to tourism in the “Five Cities”.

The City of Arroyo Grande and local beach communities are a known and a desirable destination for tourists and residents year-round. Arroyo Grande has 52 active on-sale licensed retail establishments and 28 active off-sale licensed retail establishments. These businesses draw large number of people, in their vehicles and walking. In the last year, the Arroyo Grande Police Department responded to approximately 176 calls for service in the Village regarding intoxicated subjects, DUI drivers, physical altercations, trespassing, and assaults.

With the resident, student, and tourist populations impacting our total service population, the City has seen an increase in alcohol related incidents over the last several years. In 2020, AGPD made 81 DUI arrests with an increase to 156 in 2021. In 2022 AGPD saw a significant increase of DUI arrests rising to 202. In the last year, AGPD made 28 DUI arrests of individuals under the age of 21, 63 arrests for public intoxication, and had a total of 268 reports documenting incidents related to alcohol consumption. These types of incidents accounted for 13% of our total reports generated.

Alcohol-involved incidents represent a significant threat to the City of Arroyo Grande.

These incidents do not consider factors such as age or economic status and affect the community as a whole, thus law enforcement efforts are intended to target the safety of all community members. Whether it is underage drinking, over-serving customers, or providing alcohol to minors, the community is safer by reducing the number of alcohol related incidents.

Through this grant, AGPD will have the ability to be more successful in educating the businesses and the public on these laws, and reduce the incidents associated with alcohol consumption and illicit sales.

AGPD’s goal in using this grant funding is to address alcohol related community issues and provide better safety for our changing population by reducing the frequency of DUIs, minor consumption of alcohol, and other alcohol-related issues. Accepting this grant, will allow for the purchase of equipment and reimburse overtime staffing directly relating to

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Item 9.i.

City Council
Consideration of a Resolution Approving a Grant Agreement with the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement
September 12, 2023

Page 3 ends

ABC training, licensee(s) education/enforcement, and enforcement of relevant alcoholic beverage statutes. This will be accomplished by law enforcement conducting awareness, education campaigns, and enforcement efforts where appropriate.

ALTERNATIVES:

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

1. Adopt the Resolution authorizing the Chief of Police to execute the grant agreement and appropriate the funding for the proposed activities;

2. Do not adopt the Resolution; or

3. Provide additional direction to staff.

ADVANTAGES:

Accepting the ABC grant will have several advantages, including provision of funding for:

1. Additional training for staff in the area of alcohol sales.

2. Overtime funding for officers to conduct specialized and focused education/enforcement operations in the identified areas of concern.

3. A public awareness campaign for the year to educate the public and reduce the issues that arise with underage drinking, over-serving intoxicated individuals, and increase awareness of laws regarding alcoholic beverage sales.

DISADVANTAGES:

ENVIRONMENTAL REVIEW:

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

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING AND AUTHORIZING THE

CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH

THE DEPARTMENT OF ALCOHOL AND BEVERAGE

CONTROL FOR ALCOHOLIC BEVERAGE SALES

EDUCATION AND ENFORCEMENT AND TO

APPROPRIATE THE FUNDING FOR THE PROGRAM

ACTIVITIES AND FIND THE ACTION EXEMPT UNDER
CEQA
WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to receive Federal and/or State funding through public awareness, minor decoy operations, shoulder tap operations and Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) though the department of Alcoholic Beverage Control (“ABC”): and WHEREAS, ABC has awarded $41,500 in grant funding to the Arroyo Grande Police Department for its Alcohol Policing Partnership program.; and WHEREAS, ABC requires approval of this Resolution and execution of a grant agreement in order to obtain the funding, incorporated into this Resolution as Exhibit A; and WHEREAS, by accepting this grant and executing the ABC grant agreement, funding will allow for the cost associated with equipment, educational materials, training, and overtime staffing for operations will be directly reimbursed through this grant; and WHEREAS, by accepting this ABC grant, an appropriation of funding will be required for the activities; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate authorization to the Chief of Police to execute this grant agreement and any amendments thereto.

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

1. The Recitals above are incorporated herein in their entirety.

2. The grant agreement is approved, and the Chief of Police is authorized to accept the grant award in the amount of $41,500 and execute the ABC grant agreement and amendments thereto with the State of California, Department of Alcoholic Beverage Control incorporated into this Resolution as Exhibit A.

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RESOLUTION NO.

PAGE 2

3. A Budget Amendment Request for FY 2023-24 in the amount of $41,500 is hereby approved to account for the additional revenue and expenditures related to the grant.

4. Grant funds received hereunder shall not be used to supplant expenditures controlled by this body, and this award is not subject to local hiring freezes.

5. The City Council finds adopting this Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because the action 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.)
On motion of Council Member _________, seconded by Council Member _________, and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 12 th day of September, 2023.

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RESOLUTION NO.

PAGE 3
_____________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
_____________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
_____________________________________

ISAAC ROSEN, CITY ATTORNEY

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RESOLUTION NO.

PAGE 4

EXHIBIT A

OTS GRANT AGREEMENT

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2023 through June 30, 2024.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
• GOALS AND OBJECTIVES

1. Conduct at least three (3) Minor Decoy operations.

2. Conduct at least three (3) Shoulder Tap operations, including participating in the Statewide operation conducted by ABC.

3. Conduct at least three (3) IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies) operations.

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

Page 2 of 2 ends

4. Conduct four (4) patrol briefings on ABC laws.

5. Conduct at least one (1) Drunk Decoy operation.

6. Conduct at least four (4) general enforcement operations.

7. Host at least two (2) TRACE program trainings.

8. Provide press/social media releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

9. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

10. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.

III. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:

Arroyo Grande Police Department
Enrriqueta Peinado, Police Officer
200 N. Halcyon Road
Arroyo Grande, CA 93420
(805) 473-5100
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]
Direct all fiscal inquiries to:

Arroyo Grande Police Department
David Culver, Police Commander
200 N. Halcyon Road
Arroyo Grande, CA 93420
(805) 473-5112
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (23-APP02) and must not exceed the contract total authorized amount of $41,500.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2023.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2023 and on or before the project termination date, June 30, 2024. • Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
3 - Officers ($69.00/hour @ 84 hours) $17,388.00
1 - Senior Officer ($80.00/hour @ 84 hours) $6,720.00
1 - Sergeant ($89.00/hour @ 84 hours) $7,476.00
Benefits – (7.65%) $2,416.00
TOTAL Personnel $34,000.00
B. Operating Expenses (receipts required)
Buy Money $2,500.00
TOTAL Operating $2,500.00
C. Equipment (receipts required, must be purchased by 12/31) DL Scanner (Minor Decliner scanner) $1,130.00
PAS Device $870.00
PAS Device gas can and mouthpiece $500.00
TOTAL Equipment $2,500.00
D. Travel Costs
Hotel, per diem, registrations $2,500.00
TOTAL Travel $2,500.00
GRANT TOTAL $41,500.00

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of theState.

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.

Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and addressof the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

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Agreement Number: 23-APP02
City of Arroyo Grande through the Arroyo Grande Police Department

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2023, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

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Item 9.j.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Consideration of a Resolution Accepting Public Improvements for Phased Commercial Development of Approximately 28,000 Square Feet of Office, Warehouse, And Café; Location (Rugged Radio) – Subarea 1 – E. Cherry Ave. Specific Plan
DATE: September 12, 2023
SUMMARY OF ACTION:

Acceptance of the public improvements and a public utility easement for Subarea 1 – East Cherry Avenue Specific Plan.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The estimated value of the public improvement for Subarea 1 – East Cherry Avenue Specific Plan is $407,200. Maintenance of the new public improvements will add to the overall costs of the City infrastructure maintenance program.

RECOMMENDATION:
1) Adopt a Resolution accepting public improvements and a public utility easement for Subarea 1 – East Cherry Avenue Specific Plan based upon the recommendation of the City Engineer following the final completion and inspection of those public improvements; and 2) Determine that the approval of the public improvements and a public utility easement will have no direct or indirect physical impacts and does not constitute a substantial change to the 2017 EIR for the underlying project and conditions requiring subsequent environmental review called out in State CEQA Guidelines section 15162 or Public Resources Code section 21166 are not present.

BACKGROUND:

On January 10, 2017, the City Council approved the East Cherry Avenue Specific Plan Project. The Specific Plan is broken into three (3) subareas, with commercial development (Subarea 1- Rugged Radio), residential development (Subarea 2 - Creekside), and mixed-use/cultural development (Subarea 3 – Japanese Welfare

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Item 9.j.

City Council
Consideration of a Resolution Accepting Public Improvements for Phased Commercial Development of Approximately 28,000 Square Feet of Office, Warehouse, And Café; Location (Rugged Radio) – Subarea 1 – E. Cherry Ave.

Specific Plan
September 12, 2023

Page 2 ends

Association). This report focuses on the acceptance of public improvements for Subarea 1 only.

The subject property consists of three (3) commercial parcels totaling approximately 2.2 acres on the southeast corner of Traffic Way and East Cherry Avenue. The parcels are zoned Traffic Way Mixed Use (TMU) and are included in the D-2.11 Design Overlay District. The Specific Plan was approved, and the Final Environmental Impact Report certified by the City Council in January 2017.

The applicant submitted Conditional Use Permit (CUP) application 18-003 for the phased development of the site, beginning with a flagship storefront and warehouse, followed by a second warehouse and a neighborhood café.

As a condition of approval of CUP 18-003, the applicant was required to construct several public improvements, the terms of which were set forth in agreement approved by the City Attorney and executed by the City and applicant (“Rugged Radios Executed Improvement Agreement”). The project engineer had estimated the cost of the

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Item 9.j.

Specific Plan
September 12, 2023

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improvements for the project at that time as $407,200. The improvements constructed included:
 Utility connections
 Water and sewer mains
 Two (2) new fire hydrants
 Curbs, gutters, and drive approaches
 Sidewalk
 Striping
 Landscaping within and surrounding the development.

Under the terms of that Rugged Radios Executed Improvement Agreement (Exhibit 3), at the time the City Engineer determines the applicant has completed all necessary public improvement work, the City Council must accept the work. The acceptance of the public improvement work does not constitute a waiver of any defects, and applicant shall still remain obligated to eliminate any defects in the design after acceptance by the City.

ANALYSIS OF ISSUES:

An improvement agreement for this project was signed on August 20, 2019. The improvements were substantially completed by the developer in November 2020 and were certified by the Engineer of Work on May 5, 2021. "As- built" improvement plans were received by the City on November 3, 2020. Post-construction stormwater operation and maintenance agreements were recorded on August 20, 2019. Approval of the "asbuilt" plans is typically the final requirement before acceptance of the improvements is considered. However, completion of an outstanding condition of approval for an in-lieu fee for public traffic improvements was delayed until November 22, 2022. On August 7, 2023, after a final inspection by our Engineering and Utilities inspectors, the city sent the applicant a letter closing out the project.

Acceptance of the public improvements allows City staff to release the Faithful Performance and Material and Labor bonds and hold a warrantee bond. Typically, this process starts the one-year maintenance period during which the developer will be responsible for maintenance and repair of the public improvements. However, due to the length of time between the substantial completion of work and acceptance of public improvements, City staff are willing to waive the one-year warranty period. Therefore, the City will take over the maintenance of the public improvements upon acceptance of the public improvements, and maintenance of the public improvements will become part of future Capital Improvement Projects and budgets as needed. Typically, maintenance work begins to occur 10 to 15 years after the project is completed.

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Item 9.j.

Specific Plan
September 12, 2023

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As part of the public improvements, a public utility easement is required to be recorded.

The acceptance of this document is necessary to complete the acceptance of these public improvements and is attached (Attachment 2).

ALTERNATIVES:

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

1. Approve staff's recommendation to accept the public improvements that will allow for transfer to the city of infrastructure that was constructed for the public’s benefit, and to accept the perpetual easement granting the city the right to enter private property to maintain these improvements.

2. Do not approve staff's recommendation which will delay the transfer of improvements to the city that were constructed by the developer for the public’s benefit.

3. Modify as appropriate and approve staff's recommendation; or

4. Provide direction to staff.

ADVANTAGES:

By accepting the public improvements, the City will have ownership of facilities in the public right of way and within the easement.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

City Council certified the associated Environmental Impact Report (EIR) and related California Environmental Quality Act (CEQA) findings on January 10th, 2017, in compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for implementation of CEQA. The approval of the public improvements and a public utility easement will have no direct or indirect physical impacts and does not constitute a substantial change to the 2017 EIR for the underlying project. Thus, none of the conditions requiring subsequent environmental review called out in State CEQA Guidelines section 15162 or Public Resources Code section 21166 are present, and no further environmental review is required.

PUBLIC NOTIFICATION AND COMMENTS:

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

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Item 9.j.

Specific Plan
September 12, 2023

Page 5 ends

Attachments:

1. Proposed Resolution
2 Grant of Public Utility Easement

3. Rugged Radios Executed Improvement Agreement

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE ACCEPTING EASEMENTS AND PUBLIC
IMPROVEMENTS FOR CUP 18-003, PHASED COMMERCIAL
DEVELOPMENT OF APPROXIMATELY 28,000 SQUARE FEET
OF OFFICE, WAREHOUSE, AND CAFÉ; LOCATION – SUBAREA
1 – EAST CHERRY AVENUE SPECIFIC PLAN
WHEREAS, the City Council approved the East Cherry Avenue Specific Plan Project which included a subarea for commercial development on January 10, 2017; and WHEREAS, the project was conditioned to complete certain public improvements pursuant to City Council Resolution No. 4771 adopted on January 10, 2017; and WHEREAS, the developer has constructed and completed the improvements required by the conditions of approval for the East Cherry Avenue Specific Plan and Conditional Use Permit (CUP) 18-003; and
WHEREAS, City staff inspected the improvements on August 7, 2023 and find they are constructed in accordance with the approved plans for the project.

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. The grant of easement for public utility purposes from One Flat Cat, LLC is accepted.

3. Public improvements for subarea 1 of the East Cherry Avenue Specific Plan Project located on the southeast corner of East Cherry Avenue and Traffic Way including public utility connections, water lines, fire hydrants, sewer mains, sewer maintenance holes, curbs, gutters, drive approaches, sidewalks, paving and striping of streets, are accepted.

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 12th day of September, 2023.

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RESOLUTION NO.

PAGE 2

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

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ATTACHMENT 2

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ATTACHMENT 3

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page 1 of 11
Project:

Prepared by:

Firm Name:

Date:

PRICE INDEX BASELINE, 2011 CALTRANS INDEX = 84.0
1st Quarter 2019 PRICE INDEX = 156.4 Caltrans
-ENGINEER'S SEALSubtotal $152,933.50
Cost Index Factor 1.86
Adjusted Subtotal $284,747.61
Inflation (10%) $28,474.76
Administration (20%-40%) $56,949.52
Adjusted Subtotal $370,171.90
Contingency (10%) $37,017.19
TOTAL SECURITY TO BE POSTED: $407,200
(rounded to the nearest $100)
Engineer's signature date
revised 9/1/17
June 4, 2019
-RESULTSStandard Unit Costs for Project Security (Performance Bond)

COUNTY OF SAN LUIS OBISPO

DEPARTMENT OF PUBLIC WORKS
Rugged Radios (CUP 18-003)
M. Alarcon
Praxis Engineering

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page 2 of 11
SITE PREPARATION: SEC. 2-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CLEARING AND GRUBBING $0.03 SF 6000 180.00
TREE REMOVAL $300.00 EA 4 1,200.00
CONCRETE REMOVAL S.W. $3.25 SF -
CONCRETE REMOVAL C & G $10.00 LF -
GRIND HOT MIX ASPHALT $1.03 SF $4,250 -
DISPOSAL OF HOT MIX ASPHALT $50.00 CY $360 50 2,500.00

OTHER REMOVAL (SPECIFY) -
ABANDON WELL $1,650.00 EA -
ABANDON SEPTIC SYSTEM $500.00 EA -
DISPOSAL OF CLIII BASE $29.00 CY $360 80 2,320.00
EXCAVATION 0-1000 CY $22.00 CY $500 150 3,300.00
1000-20000 CY $15.00 CY -
> 20000 CY $9.00 CY -
IMPORT 0-1000 CY $31.00 CY $500 -
1000-20000 CY $22.00 CY -
> 20000 CY $12.00 CY -
FINE GRADING $0.30 SF 8400 2,520.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 12,020.00

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page 3 of 11
ROADWAYS: SEC. 3-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL HOT MIX ASPHALT IN PLACE 2" $1.95 SF $800 -
HOT MIX ASPHALT IN PLACE 3" $2.90 SF $800 -
HOT MIX ASPHALT IN PLACE 4" $3.70 SF $800 -
HOT MIX ASPHALT IN PLACE 5" $4.90 SF $800 3700 18,130.00 HOT MIX ASPHALT IN PLACE 6" $5.60 SF $800 -
HOT MIX ASPHALT IN PLACE $135 TON $800 -
CLASS II AGG. BASE 4" $0.87 SF -
CLASS II AGG. BASE 6" $1.30 SF -
CLASS II AGG. BASE 8" $1.75 SF 3700 6,475.00
CLASS II AGG. BASE 10" $2.10 SF -
CLASS II AGG. BASE 12" $2.50 SF -
CLASS II AGG. BASE 18" $3.70 SF -
CLASS II AGG. BASE $35.00 TON -
CROSS GUTTER AND SPANDREL D-5 $17.00 SF -
GEOTEXTLE FABRIC $1.00 SF -
SEAL COAT/SLURRY SEAL $0.60 SF -
CHIP SEAL $2.00 SF -
SAW CUT CONCRETE $4.00 LF $250 -
SAW CUT HMA $2.17 LF $250 350 759.50
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 25,364.50

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page 4 of 11
ROAD EDGES: SEC. 4-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL DRIVEWAY APPROACH - CONCRETE (B-2,3) $9.00 SF 400 3,600.00 DRIVEWAY APPROACH - HMA (B-1) $5.50 SF -
HANDICAP RAMP C-5 $13.00 SF -
CURB AND GUTTER 6" (C-2) $22.00 LF 250 5,500.00
CURB ONLY C-2A $16.00 LF -
HOT MIX ASPHALT DIKE C-3 $10.00 LF $800 -
SIDEWALK C-4 $10.00 SF 1671 16,710.00
GUARDRAIL $40.00 LF -
STREET TREE WELL M-5 $700.00 EA -
DECOMPOSED GRANITE WALKWAY $1.50 SF $625 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 25,810.00

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page 5 of 11
STORM DRAIN: SEC. 5-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CURB INLET D-2 $3,900 EA 1 3,900.00
RURAL INLET D-2A,B $1,700 EA -
CULVERT PIPE 15" $38.00 LF -
CULVERT PIPE 18" $60.00 LF -
CULVERT PIPE 24" $80.00 LF -
CULVERT PIPE 30" $90.00 LF -
CULVERT PIPE 36" $105.00 LF -
CULVERT PIPE 48" $135.00 LF -
CULVERT PIPE 60" $150.00 LF -
HEADWALL (CALTRANS D89) 15"-36" PIPE $3,420.00 EA -
HEADWALL -WING TYPE (D89) 18"-60" $4,800.00 EA -
UNDERDRAIN (SIDEWALK) D-4A, D-4B $1,500.00 EA -
UNDERDRAIN (SIDEWALK) PIPE D-4 $500.00 EA -
RIP-RAP DISSIPATER 0.25 TON, H-5 $150.00 CY -
RIP-RAP DISSIPATER 0.5 TON, H-5 $160.00 CY -
RIP-RAP DISSIPATER 1 TON, H-5 $170.00 CY -
RIP-RAP DISSIPATER 2 TON, H-5 $180.00 CY -
OVERSIDE DRAIN, (CALTRANS) HMA $320.00 EA -
CONCRETE V-DITCH (SLOPE) $40.00 LF -
MANHOLE D-3 8' DEPTH $4,500 EA -
TIE TO EX. MANHOLE $2,000 EA -
UNDERGROUND BASIN STORMTECH $8.00 CF $500 -
-
-
-
-
-
-
-
-
-
Subtotal 3,900.00

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page 6 of 11
WATER SUPPLY: SEC. 6-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL WATER SERVICE AND METER BOX W-4 $1,700.00 EA 4 6,800.00 RAISE WATER METER $400.00 EA -
WATER MAIN 6" $50.00 LF -
WATER MAIN 8" $58.00 LF 380 22,040.00
WATER MAIN 10" $68.00 LF -
WATER MAIN 12" $92.00 LF -
WATER MAIN 14" $106.00 LF -
WATER MAIN 16" $120.00 LF -
HOT TAP 6" $1,998.00 EA -
HOT TAP 8" $2,238.00 EA 1 2,238.00
HOT TAP 10" $3,219.00 EA -
GATE VALVE 4" $514.00 EA -
GATE VALVE 6" $1,500.00 EA -
GATE VALVE 8" $2,056.00 EA 1 2,056.00
FIRE HYDRANT W-2 $4,800.00 EA 2 9,600.00
RELOCATE FIRE HYDRANT $2,280.00 EA -
BLOWOFF ASSEMBLY W-5 $2,000.00 EA -
AIR RELIEF VALVE W-6, 1" $1,550.00 EA -
AIR RELIEF VALVE W-6, 2" $2,370.00 EA -
AIR RELIEF VALVE W-6, 4" $5,285.00 EA -
WATER SAMPLING STATION W-7 $1,250.00 EA -
THRUST BLOCKS W-1, 6" $275.00 EA -
THRUST BLOCKS W-1, 8" $385.00 EA 3 1,155.00
THRUST BLOCKS W-1, 10" $484.00 EA -
THRUST BLOCKS W-1, 12" $714.00 EA -
STEEL WATER TANK WELDED $1.50 PER GAL -
STEEL WATER TANK BOLTED $1.00 PER GAL -
-
-
-
Subtotal 43,889.00

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page 7 of 11
WASTEWATER DISPOSAL: SEC. 7-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SEWER LATERAL, TIE IN S-3 $1,350.00 EA -
SEWER LATERAL, TIE IN STEEP S-3a $1,600.00 EA -
SEWER CLEANOUT S-2 $1,500.00 EA -
SEWER MAIN (BACKFILL TYPE) 6" NATIVE $35.00 LF -
SEWER MAIN (BACKFILL TYPE) 8" NATIVE $50.00 LF -
SEWER MAIN (BACKFILL TYPE) 6" IMPORT $40.00 LF 341 13,640.00 SEWER MAIN (BACKFILL TYPE) 8" IMPORT $60.00 LF -
SEWER MAIN (BACKFILL TYPE) 12" IMPORT $75.00 LF -
SLURRY BACKFILL $19.00 LF 341 6,479.00
MANHOLE TYPICAL (S-1) $4,500.00 EA 2 9,000.00
MANHOLE DROP (S-1A) $5,400.00 EA -
TIE TO EXISTING MANHOLE $2,000.00 EA -
FORCE MAIN 4" OR LESS $40.00 LF -
ADJUST MANHOLE COVER $535.00 EA -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 29,119.00

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page 8 of 11
UTILITIES: SEC. 8-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL JOINT TRENCH P-4 $40.00 LF 20 800.00
GAS TRENCH $24.00 LF 20 480.00
PIPE JACKING (BORING) 6" PIPE OR LESS $120.00 LF -
SERVICE POLE RELOCATE $1,000.00 EA -
TELEPHONE POLE RELOCATE $2,500.00 EA -
ELECTRIC POLE RELOCATE $6,000.00 EA -
JUNCTION POLE RELOCATE $9,000.00 EA -
UNDERGROUND + JP RELOCATE $15,000.00 EA -
INSTALL SIDEWALK GUY $1,300.00 EA -
STREET LIGHTS $5,000.00 EA -
GUY ANCHOR ONLY RELOCATE $1,800.00 EA -
GUY POLE AND ANCHOR RELOCATE $3,100.00 EA -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 1,280.00

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page 9 of 11
TRAFFIC CONTROL: SEC. 9-1 TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL TRAFFIC STRIPING THERMOPLASTIC $3.00 SF BULK -
TRAFFIC STRIPING PAINT $0.60 LF -
TRAFFIC STRIPING THERMOPLASTIC $1.20 LF 710 852.00
REMOVE STRIPING $3.00 LF 275 825.00
TRAFFIC MARKING $1.25 SF -
STOP + STREET NAME SIGNS M-4 $600.00 EA -
STREET NAME SIGN ONLY M-4 $300.00 EA -
BARRICADE METAL (M-2) $1,300.00 EA -
BARRICADE WOOD (M-2A) $80.00 LF -
MARKERS AND DELINEATORS $32.00 EA -
CONSTRUCTION AREA SIGNS $400.00 EA -
TRAFFIC CONTROL % OF IMPV. 3% EA 4,500.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 6,177.00

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page 10 of 11
EROSION CONTROL: SEC. 1.1.2.J & APP.B TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL SAND OR GRAVEL BAG $3.00 EA 54 162.00
JUTE MAT $0.35 SF -
STRAW MAT $0.28 SF -
STRAW BALE BARRIER $5.24 LF -
STRAW BALE INLET BARRIER $3.53 LF -
SILT FENCE $2.81 LF -
FIBER ROLLS $1.96 LF -
FIBER MAT $0.40 SF -
HYDROSEED $0.33 SF -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 162.00

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page 11 of 11

MISCELLANEOUS TYPE UNIT COST UNIT MINIMUM QUANTITY TOTAL CHAIN LINK FENCE 6' NEW $35.00 LF -

OTHER FENCE LF -
GATE $721.00 EA -
LANDSCAPE AND IRRIGATION $2.00 SF $500 2606 5,212.00
MONUMENT WELLS M-1, M-1A $700.00 EA -
RETAINING WALLS CMU/POURED $38.00 SF (FACE WALL) -
RETAINING WALLS GRAVITY $28.00 SF (FACE WALL) -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Subtotal 5212.00

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Item 9.k.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
DATE: September 12, 2023
SUMMARY OF ACTION:

Approve quitclaims of right-of way to Caltrans and accept relinquishment of right-of-way and an easement from Caltrans associated with the US 101/Oak Park Blvd interchange.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There are no new financial or personnel resources impacts on the City by these right-ofway and easement transfers. Caltrans and City staff maintenance responsibilities will not change from what they are currently performing in these areas.

RECOMMENDATION:
1) Adopt a Resolution that authorizes the execution of a quitclaim deed to Caltrans for Parcels 12432-1 and 12433-1 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and determine that real property exempt surplus land; 2) Adopt a Resolution that (a) accepts two portions of right of way shown as REL 11788 Segments 1 and 2 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102, (b) accepts a drainage easement described on REL 11788, Segment 3, (c) agree to waive the ninety days’ “notice of intent to relinquish” requirement contained in Section 73 of the Streets and Highway Code; and 3) Find that the adoption of the two proposed Resolutions is not subject to the requirements of CEQA pursuant to California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the subject activity is not a project as defined by Public Resources Code section 21065 and California Code of Regulations, Title 14, section 15378.

BACKGROUND:

The US 101 Highway was built through Arroyo Grande in the late 1950’s. The Oak Park Blvd/US 101 Interchange Project was modified in the late 1980’s to increase the capacity, operational efficiency, and safety of the Interchange. As part of this Project, the City of

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Item 9.k.

City Council
Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
September 12, 2023

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Arroyo Grande and Caltrans entered into a Freeway Agreement on May 17, 1989 (Attachment 3) that details the agreement between the City and Caltrans on right-of-way, maintenance, and operation of their respective facilities. In this Agreement, Caltrans and the City agreed to a cooperative approach in right-of-way acquisitions for freeway modifications and City streets, frontage, and local roads.

While reviewing right-of-way maps, Caltrans survey and right-of-way staff discovered that several right-of-way transfers between the City and Caltrans were not executed following completion of the Oak Park Blvd/US 101 Interchange Project. They also discovered a Caltrans drainage easement that was not relinquished to the City after US 101 was constructed in the 1950’s. To finalize the right-of-way transfers and the drainage easement relinquishment, Caltrans initiated the following actions:
 City Property to Caltrans. In a letter dated November 4, 2021 (Attachment 4), Caltrans requested that City Council authorize the execution of a Quitclaim Deed relinquishing two parcels (located west of West Branch Street and east of the US 101 north bound ramps at Camino Mercado (see Figure 1 on page 6 of this report), to Caltrans. These parcels are identified as 12432-1 and 12433-1 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102.  Caltrans property and easement to the City. In a letter from Caltrans dated August 3, 2022 (Attachment 5), Caltrans indicated its “Intention to Relinquish Highway Right of Way” (located on each side of US 101/Oak Park Blvd Interchange, see Figure 2) and one drainage easement (located over a City-owned drainage basin at the southeast corner of West Branch Street and Oak Park Blvd, see Figure 2 on page 7 of this report) to the City. The portions of right of way are shown as REL 11788 Segments 1 and 2 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and the drainage easement is described on a Right of Way Exhibit Map as REL 11788, Segment 3.

ANALYSIS OF ISSUES:

These rights-of-way transfer actions will ensure a clear and consistent distinction between City and Caltrans rights-of-way. This allows both agencies to use, maintain, operate, and improve their facilities at their own discretion and without approval from the other agency.

Facilities include traffic signals, road signage, road pavement, bridges, parking, underground utilities, and other facilities.

Below are details of the actions requested by Caltrans:

City property to Caltrans
Caltrans requested that the City quitclaim right-of-way located west of West Branch Street and east of the US 101 north bound ramps at Camino Mercado. This area serves as a transition from US 101 ramps to Camino Mercado at West Branch Street, collects

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Item 9.k.

City Council
Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
September 12, 2023

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drainage from US 101, and is currently maintained by Caltrans. The City has no use for this area. Ownership of this right-of-way logically belongs to Caltrans and not the City.

The locations to be transferred from the City to Caltrans are shown in red in Figure 1 on page 6 of this report.

Caltrans property and easement to the City
Caltrans is also seeking to relinquish right-of-way to the City at two locations on each side of US 101 at the Oak Park Interchange, shown as the two smaller areas in blue in Figure

2. The 1989 Freeway Agreement (Attachment 3) between the City of Arroyo Grande and Caltrans states:
“NOW THEREFORE IT IS AGREED: 7. …..City will accept title to the portions of such streets lying outside the freeway limits upon relinquishment by State (Caltrans).” Based on the existing Freeway Agreement the City has already agreed to accepting the relinquished right-of-way. Caltrans is requesting the City formally accept these specific parcels for the record.” This formal acceptance did not occur previously. While the City is not required to take this action, failure to do so may not prevent it from occurring. Per sections 83 and 233 of the Streets and Highways Code, once Caltrans initiates a number of required meet and confers and follow a process laid out under State law they may relinquish title without City’s consent. However, formal acceptance is preferred, as it leaves a clear chain of title in official records and facilitates identification of ownership for maintenance purposes by both parties.

Caltrans is also requesting that the City accept relinquishment of an easement over a portion of an existing drainage basin located at the southeast corner of West Branch Street and North Oak Park Blvd on property owned and maintained by the City, shown as the largest of three blue areas on Figure 2. Caltrans originally acquired this easement to assist in the construction of US 101 in the 1950’s and should have relinquished it to the City following construction. This was not completed, and Caltrans is now requesting relinquishment. The City has been performing all the maintenance requirements, such as weed abatement and culvert flow/clearance checks, of this basin since the completion of US 101.

Staff supports the requests of Caltrans and recommends adoption of the two proposed Resolutions to quitclaim the rights of way surrounding the Camino Mercado on and off ramps and to accept the relinquished rights of way at the Oak Park/US 101 interchange as well as the easement over the existing City drainage basin on Oak Park and West Branch.

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Item 9.k.

City Council
Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
September 12, 2023

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ALTERNATIVES:

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

City Right-of-Way property proposed to Caltrans:

1. Adopt a Resolution that authorizes the execution of a quitclaim deed to Caltrans for Parcels 12432-1 and 12433-1 as shown on State Highway Map Book 6 at pages 99-102. This is recommended, to provide a clear chain of title in official records and facilitate identification of ownership for maintenance purposes, and which declares the real property as exempt surplus land;

2. Do not adopt the proposed Resolution, which is not recommended, as lack of clear title obfuscates ownership and complicates maintenance efforts; or

3. Provide other directions to staff.

Caltrans property and easement proposed to the City:

1. Adopt a Resolution that accepts two portions of right of way shown as REL 11788 Segments 1 and 2 on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and a drainage easement described on REL 11788, Segment 3;

2. Do not adopt the proposed Resolution. Failure to formally accept these relinquishments and easement will not prevent the transfer, but lack of clear chain of title is undesirable; or

3. Provide other directions to staff.

ADVANTAGES:

This action will transfer ownership of City and Caltrans right-of-way associated with the Oak Park Blvd./US 101 Interchange. This will provide a clear chain of title in official records and allow the City to better maintain and operate Oak Park Boulevard by not requiring a Caltrans encroachment permit for work in these areas. The responsibility on the City at the Camino Mercado ramps to US 101 by will be reduced by quitclaiming the right-of-way to Caltrans.

DISADVANTAGES:

None are identified.

ENVIRONMENTAL REVIEW:

Approval of the two proposed Resolutions is not subject to the requirements of CEQA pursuant to California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the subject activity is not a project as defined by Public Resources Code section 21065 and California Code of Regulations, Title 14, section 15378.

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Item 9.k.

City Council
Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
September 12, 2023

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PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Resolution - Execution of a quitclaim deed to Caltrans for Parcels 12432- 1 and 12433-1

2. Proposed Resolution – Right-of-Way, Easement, and Waiver

3. Freeway Agreement covering US 101 in the City of Arroyo Grande dated May 17, 1989

4. Quitclaim Request dated November 4, 2021

5. Notice of Intention to Relinquish dated August 3, 2022

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Item 9.k.

City Council
Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
September 12, 2023

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Figure 1

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Item 9.k.

City Council
Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance
September 12, 2023

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Figure 2

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE AUTHORIZING THE EXECUTION OF A
QUITCLAIM DEED TO CALTRANS FOR PARCELS 12432-
1 AND 12433-1 AS SHOWN ON STATE HIGHWAY MAP
BOOK 6 AT PAGES 99-102 AND DECLARING PURSUANT
TO GOVERNMENT CODE SECTION 54221 THAT THE

REAL PROPERTY OWNED BY THE CITY IS EXEMPT

SURPLUS LAND
WHEREAS, on May 17, 1989, the City of Arroyo Grande and Caltrans entered into a Freeway Agreement (“Agreement”) pertaining to US 101 through Arroyo Grande, which details the agreement between the City and Caltrans on right-of-way, maintenance, and operation of their respective facilities; and
WHEREAS, the Agreement states; ”State (Caltrans) agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alteration of City streets, frontage roads, and other local roads, and City hereby authorizes State to acquire in its behalf all such necessary right of way”; and
WHEREAS, the California Streets and Highway Code Section 83 reads; “Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction there over and responsibility for the maintenance thereof”; and
WHEREAS, the city received a letter from Caltrans dated November 4, 2021 requesting the City quitclaim to Caltrans two parcels for highway purposes: Parcels 12432-01 and 12433-1, as shown on the Right of Way map filed October 14, 2021 as file No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive; and WHEREAS, these two parcels are located west of West Branch Street at the Camino Mercado US 101 north bound ramps. Caltrans typically holds all right-of-way inside the freeway ramps; and
WHEREAS, the City also received a letter from Caltrans dated August 3, 2022 of Caltrans’ “Intention to Relinquish Highway Right of Way”. These two portions of right of way and one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102, inclusive; and

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65501.00001\41074062.1
RESOLUTION NO.

PAGE 2
WHEREAS, the two portions of right of way are located on each side of US 101/Oak Park Blvd Interchange and the drainage easement is over a City-owned drainage basin located at the southeast corner of West Branch Street and Oak Park Blvd; and WHEREAS, this resolution is not subject to the requirements of CEQA pursuant to California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the subject activity is not a project as defined by Public Resources Code section 21065 and California Code of Regulations, Title 14, section 15378; and WHEREAS, the Surplus Land Act exempts certain surplus land from its requirements, including, pursuant to Government Code section 54221(f)(1)(D), “Surplus land that a local agency is transferring to another local, state, or federal agency for the agency's use, or to a federally recognized California Indian tribe”; and WHEREAS, parcels 12432-1 and 12433-1 as shown on State Highway Map Book 6 at pages 99-102, proposed to be quitclaimed to Caltrans, qualify as exempt surplus land.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande:
authorizes the signing of a quitclaim deed substantially similar to Exhibit A, subject to any minor, technical, or non-substantive changes as approved by the City Manager and the City Attorney and following the California Department of Housing and Community Development’s acceptance of City’s compliance with the Surplus Land Act, incorporated herein on Parcels 12432-01 and 12433-1, as shown on the Right of Way map filed October 14, 2021 as file No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive to Caltrans; and the City Council hereby declares that (i) the parcels described herein are surplus land and not necessary for the City’s use; and (ii) the parcels described herein qualify as “exempt surplus land” pursuant to Government Code section 54221(f)(1)(D).

BE IT FURTHER RESOLVED, that the recitals are incorporated herein.

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

AYES:

NOES:

ABSENT:

The foregoing Resolution was passed and adopted this 12th day of September, 2023.

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65501.00001\41074062.1
RESOLUTION NO.

PAGE 3
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
___________________________________

ISAAC ROSEN, CITY ATTORNEY

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After Recording Return To:

Department of Transportation – R/W 50
Higuera Street
San Luis Obispo, CA 93401-5415 STATE
BUSINESS – FREE
This document presented for recording
pursuant to Govt. Code Section 27383.

Documentary Transfer Tax: No Tax Due
(Gov. Code 27383)

CALIFORNIA DEPARTMENT OF

TRANSPORTATION
BY:

Signature of Declarant
Space above this line for Recorder’s Use
13103589089,,,CC 2023-09-12 Attachment 1 - Exhibit A -
Quitclaim_Deed 01/2023

EXHIBIT A
QUITCLAIM DEED District County Route Postmile Number
5 SLO 101 14.2 12432-1, 12433-1
The City of Arroyo Grande,
a body corporate and politic,
hereinafter called GRANTOR, hereby releases and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all right, title and interest in and to all that real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows:

Parcels 12432-1 and Parcel 12433-1, as shown on the Right of Way map filed October 14, 2021 as File No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive.

This quitclaim deed is made for the purpose of a freeway and the undersigned hereby releases and relinquishes to the STATE any and all abutter’s rights of access, appurtenant to the remaining property in which the undersigned has some right, title or interest, in and to the freeway.

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Number
12432-1, 12433-1
13103589089,,,CC 2023-09-12 Attachment 1 - Exhibit A -
Quitclaim_Deed 01/2023
Dated: City of Arroyo Grande
[Name of Grantor]
[Title]
[Name of Grantor]
[Title]
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By
Director of Transportation
By
Attorney in Fact

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ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE AUTHORIZING THE ACCEPTANCE

OF TWO PORTIONS OF RIGHT OF WAY AND A
DRAINAGE EASEMENT SHOWN AS REL 11788
SEGMENTS 1, 2 AND 3 AND AGREE TO WAIVE THE
NINETY DAYS “NOTICE OF INTENT TO RELINQUISH”

REQUIREMENT UNDER THE STREETS AND HIGHWAY
CODE
WHEREAS, on May 17, 1989, the City of Arroyo Grande and Caltrans entered into a Freeway Agreement (Agreement) pertaining to US 101 through Arroyo Grande and details the agreement between the City and Caltrans on right-of-way, maintenance, and operation of their respective facilities; and
WHEREAS, the Agreement states; ”State (Caltrans) agrees to acquire all necessary right of way as may be required for construction, reconstruction, or alteration of City streets, frontage roads, and other local roads, and City hereby authorizes State to acquire in its behalf all such necessary right of way.”; and
WHEREAS, the California Streets and Highway Code Section 83 reads; “Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction there over and responsibility for the maintenance thereof.”; and
WHEREAS, the City also received a letter from Caltrans dated August 3, 2022 of Caltrans “Intention to Relinquish Highway Right of Way”. These two portions of right of way and one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102, inclusive; and
WHEREAS, the City has received a Hazardous Material Disclosure Report dated 4/27/2023 on these two portions of right of way and one drainage easement. This memo presents an assessment of known or likely hazardous material and waste related concerns retaining to the relinquishment of the subject properties; and WHEREAS, this resolution is not subject to the requirements of CEQA pursuant to California Code of Regulations, Title 14, section 15060, subdivision (c)(3), because the subject activity is not a project as defined by Public Resources Code section 21065 and California Code of Regulations, Title 14, section 15378.

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65501.00001\41074062.1
RESOLUTION NO.

PAGE 2
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande accepts two portions of right of way and one drainage easement are shown as REL 11788 Segments 1, 2 and 3 respectively on a map filed for recording on October 14, 2021, in State Highway Map Book 6 at pages 99-102 and authorizes the signature of memo Caltrans Relinquishment No. 11788 to accept the relinquishments and agree to waive the ninety days’ “notice of intent to Relinquish” requirement contained in Section 73 of the Streets and Highway Code by adopting Exhibit A, incorporated herein by reference.

BE IT FURTHER RESOLVED, that the recitals are incorporated herein.

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

AYES:

NOES:

ABSENT:

The foregoing Resolution was passed and adopted this 12th day of September, 2023.

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65501.00001\41074062.1
RESOLUTION NO.

PAGE 3
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
___________________________________

ISAAC ROSEN, CITY ATTORNEY

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CALIFORNIA DEPARTMENT OF TRANSPORTATION

EXHIBIT A
DISTRICT 5
50 Higuera St 5-SLO-101-14.1/15.3
San Luis Obispo CA 93401-5415 Relinquishment No. 11788
ATTEN: Paul Valadão, P.E., Project Manager
The City of Arroyo Grande (CITY) has reviewed your offer to accept that portion of State Right of Way to be relinquished as per letter dated 5/24/2023 and the relinquishment maps and legal description.

Please Check One:
 Yes, we are willing to accept the Relinquishment in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the Hazardous Material Disclosure Document (HMDD) dated 4/27/2023.

The CITY has received and reviewed a copy of the above-referenced HMDD. It is understood that within one year prior of the CTC date of approval of the resolution of relinquishment, CALTRANS will conduct a review of the above-referenced HMDD and if it determines that there is substantive or potentially substantive adverse change to the environment that did not exist at the time of the above-referenced HMDD, CALTRANS shall immediately notify the CITY of said changes. If no substantive or potentially substantive adverse change to the environment is found to exist, acceptance of the relinquishment in its current environmental condition shall remain in effect. Copies of the above-referenced HMDD and any updates are available at the district environmental office.

Upon recordation of the CTC’s Resolution of Relinquishment in the County Recorder’s Office, Caltrans will not be responsible for any present or future remediation of said hazardous materials. Please proceed with preparing the final submittal.  No, we are not interested in accepting the Relinquishment. (Please list your reasons why)

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5-SLO-101-14.1/15.3
Relinquishment No. 11788
Please Check One:
 Yes, we agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highways Code.  No, we do not agree to waive the ninety (90) days’ notice of “Intention to Relinquish” requirement contained in Section 73 of the Streets and Highway Code.

As the _____________________________ for the CITY and having the authority to act on behalf of the City Council, I attest to the above checked items.

SIGNED: ___________________________________________________ DATE: _________________________ NAME:_____________________________________________________ TITLE: _____________________________________________________

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ATTACHMENT 3

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“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
CALTRANS DISTRICT 5
50 HIGUERA STREET
SAN LUIS OBISPO, CA 93401-5415
PHONE (805) 549-3101
FAX (805) 549-3329
TTY 711
www.dot.ca.gov
Making Conservation
a California Way of Life.

District County Route Postmile Project ID
5 SLO 101 14.2 0r004
November 4, 2021
Robin Dickerson, City Engineer
Engineering Division, City of Arroyo Grande
300 E Branch Street
Arroyo Grande, CA 93420
Phone: 805-473-5441
Email: [email protected]
Dear Robin Dickerson,
STATE HIGHWAY 101 – Streets and Highways Code Section 83 – Branch Road, Parcel 12432-1 and 12433-1
Caltrans is currently in the process of relinquishing a portion of route 101 near Oak Park Blvd. While reviewing the mapping, I noticed some areas of W. Branch St. needed for highway purposes. This triangular sliver is shown as Parcels 12432-1 and 12433-1 saw shown on State Highway Map Book 99- 102. This matter pertains to Section 83 of California Streets and Highway Code.

For recordkeeping and to leave a clear chain of title, we ask that you place a request on the agenda for the City Council to execute the attached quitclaim deed. Please complete the top portion of the deed form with notarized signatures. Then, return the deed to me so Caltrans can sign the certificate of acceptance and record the package.

ATTACHMENT 4

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“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” If you have any questions, please contact me.

Sincerely,
Adrian Foster
Transportation Surveyor
Central Region - Surveys Office
Caltrans - District 5
50 Higuera St, San Luis Obispo, CA 93401
805-503-3596
Enclosures:

Parcel 12432-1 and 12433-1 Quitclaim Deed
Recorded Map
Streets and Highways Code Section 83
Caltrans Right of Way Manual:

6.08.04.00 Acquiring Fee Interest in Public Ways
Caltrans acquires sufficient title to existing public roads under Sections 83 and 233 of the Streets and Highways Code by including such areas within the boundaries of the State highway… Acquisition of local street and road rights of way in accordance with these Sections does not require an acquisition document.

When Caltrans acquires title in accordance with these Sections, it does not leave a clear chain of title in the official records.

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After Recording Return To:

Department of Transportation – R/W
50 Higuera Street
San Luis Obispo, CA 93401-5415
STATE BUSINESS – FREE
This document presented for recording
pursuant to Govt. Code Section 27383.

Documentary Transfer Tax: No Tax Due (Gov. Code
27383)

CALIFORNIA DEPARTMENT OF TRANSPORTATION
BY:

Signature of Declarant
Space above this line for Recorder’s Use
12432-1_12433-1_Quitclaim_Deed_Corp_PartAcq_AG.docx
03/2020
QUITCLAIM DEED District County Route Postmile Number
5 SLO 101 14.2 12432-1, 12433-1
The City of Arroyo Grande,
a body corporate and politic,
hereinafter called GRANTOR, hereby releases and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all right, title and interest in and to all that real property in the City of Grover Beach, County of San Luis Obispo, State of California, described as follows:

Parcels 12432-1 and Parcel 12433-1, as shown on the Right of Way map filed October 14, 2021 as File No. 2021069898, in State Highway Map Book 6, pages 99 through 102, inclusive.

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Number
12432-1, 12433-1
12432-1_12433-1_Quitclaim_Deed_Corp_PartAcq_AG.docx
03/2020
The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway.

Dated: City of Arroyo Grande
[Name of Grantor]
[Title]
[Name of Grantor]
[Title]
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By
Director of Transportation
By
Attorney in Fact

Page 317 of 568 ends

CALI FO RNIA STATE TRANSPORTATION AGENCY
California Department of Transportation

DIVISION OF RIG HT OF WAY AND LAND SURVEYS

OFFICE OF LA ND SU RVEYS
1727 30th Street, MS- 35 I SAC RAMENTO, CA 95816-804 1
(916) 825-3317 I FAX (9 16) 227-7670 TTY 71 1
www.dot.ca.gov

RECEIVED
City of Arroyo Grande
City Council
AUG 08 2022
215 E. Branch Street
Arroyo Grande, CA 93420

CITY OF ARROYO GRANDE

GAVIN NEWSOM, GOVER NOR
•
lillfrcuts•
•
August 3, 2022
NOTICE OF INTENTION TO RELINQUISH HIGHWAY RIGHT OF WAY: Relinquishment 11788 Enclosed for your information is a proposed California Transportation Commission relinquishment resolution.

This letter provides you with notice of our intention to present this resolution to the California Transportation Commission at its regular meeting following a period of 90 days from the date you receive this notice. When the commission passes the resolution, you will receive a certified copy of the approved action.

The relinquishment will not become effective until it is filed with the County Recorder.

This is in accordance with Section 73 of the Streets and Highways Code, which covers highway relinquishments to counties and cities. Our District Office will handle the recording and will advise you immediately thereafter.

Any questions, comments, or objections you may have with respect to the proposed relinquishment should be made by letter directly to Marshall Garcia, District Director, Attention: Jeremy Villegas, Chief, Land Surveys, Department of Transportation, 50 Higuera Street, San Luis Obispo, CA 93401 , with a copy forwarded to me.

Sincerely,
for s~ f~LS
Deputy Division Chief
Office of Land Surveys
Enclosures
l . Draft CTC Relinquishment Resolution

2. Relinquishment Map

3. Copy of Hazardous Waste Assessment: Relinquishment 11788 segments l, 2, and 3; 11789, segment l , dated July 11, 2022
"Provide a safe and reliable transportation network that serves all people and respects the environment" ATTACHMENT 5

Page 318 of 568 ends

•

RESOLUTION TO RELINQUISH HIGHWAY RIGHT OF WAY IN THE
CITY OF ARROYO GRANDE, ROAD 05-SLO-101-PM 14.5/14.7
Request No. 11788
WHEREAS, by Freeway Agreement, dated May 17, 1989, between the City of Arroyo Grande and the State of California (Caltrans), the City agreed to accept title to relocated or reconstructed city streets, and the frontage roads, and other state constructed local roads lying outside the freeway limits, upon relinquishment thereof to said City by the State of California; and
WHEREAS, the State of California has acquired right of way for and has constructed the above-mentioned collateral facilities in the City of Arroyo Grande along Route 101 on Oak Park Boulevard, West Branch Street, and El Camino Real, in accordance with said agreement; and
WHEREAS, in accordance with Section 73 of the Streets and Highways Code, a 90-day notice in writing , dated August 3, 2022, of intention to relinquish the

TRANSPORTATION COMMISSION
RESOLUTION No. R-XXXX

Page 319 of 568 ends

above-mentioned collateral facilities was delivered to the City of Arroyo Grande by certified mail return receipt on _______ ; and
WHEREAS, this Commission has found and determined, and does hereby find and determine, that it is desirable and in the public interest that said collateral facilities be relinquished to the City of Arroyo Grande for use as city streets.

NOW, THEREFORE, IT IS VOTED by the California Transportation Commission that it relinquish, and it does hereby relinquish, to the City of Arroyo Grande, effective upon the recordation of a certified copy hereof with the Recorder of San Luis Obispo County, all of the State of California's right, title and interest in and to said collateral facilities in said city, together with the right of way and appurtenances thereof, described as follows :

All those portions of State Highway right of way, shown as REL 11788 SEGMENT 1 and REL 11788 SEGMENT 2 on that certain map filed for record on October 14, 2021 , in State Highway Map Book 6 at pages 99-102, San Luis Obispo County Records, together with the parcel of land described in Exhibit 8 (REL 11788, Segment 3), attached hereto and made a part hereof.

EXCEPTING AND RESERVING to the State of California any and all rights of ingress to and egress from the highway hereby relinquished in and to the adjacent and adjoining freeway, except at such points as now are or may be established by resolution of this Commission.

Page 320 of 568 ends

. .

REL 11788, Segment 3
Exhibit B
A part of that portion of Lot 12 of the Ranchos Ei Pismo and San Miguelito, in the County of San Luis Obispo, said part being the easement conveyed to the State of California by deed recorded October 15, 1954 in Volume 776 at pages 48 Official Records of said county, more particularly described as follows:

Beginning at the westerly terminus of the record course 5 as described in said deed; thence, (A) N. 11 °44'54" E., 183. 13 feet, al ong the record course 6 as described in said deed; thence, (B) S. 70°14'05" E, 137.71 feet; thence, (C) S 40°44'43" E , 65.57 feet; thence, (D) S 49°54'31" W., 191. 55 feet, to a point on the above menti oned course 5; thence, (E) N. 57°25'50" W., 74 . 91 feet to the point of beginning.

END OF DESCRIPTION
This real property description has been prepared by me. or under my direction, 1n conformance with the
Professional Land SuNeyors Act.

Signature t~/:::,,_ / / '
Date June 30 2021

Page 321 of 568 ends

THIS IS TO CERTIFY that the foregoing resolution was
duly passed by the California Transportation
Commission at its meeting regularly called and held on
the ___ day of _ _______ 2022 [via
teleconference/in the city of ---- --~ and
that the foregoing is a full and correct copy of the original resolution.

Dated this ___ day of ________ , 2022.

MITCH WEISS, Executive Director

CALIFORNIA TRANSPORTATION COMMISSION

Page 322 of 568 ends

COUNTY OF SAN LUIS OBISPO
llol•odfl ·-~ Cl-.:i'nl&o!
...__.,_, .. _ ... --~-------·••oo.• ... ·-·-•-
99 NOT£: The s,ot• of Collfornfa or I t• ofrlcv, or 09!Jnt• •nall IIOt lM r.s~/b le for 11'» accuroc:; or co.pier.,_, or dlgltol /nag., of tnl• -·

CITY OF
~ PISMO BEACH

SURVEYOR'S STATBIIENT
TH IS 1114P CORRECTLY R[l'fl.CSCNTS .I. SURVCl .. AOE 9Y WE OR '-"OCR WY OIRCCTIOH IN COHFORWAHCl lfl!H !Kl HlOUlltUll.N IS Of THE PAOHSSION.l.l l .l. NO SURVEYOR'S ACT AT THf ACOl£ST OF IH[ C• LlfORHl.1.

OCP.1.111\ENTOI' TR.I.NSPOAUTIOHJNF[8RUART 2019.

NO FEE PER GOVC IINl[NT
C00E SCCflON 610J
C,nf.,,.,J C,"'t
Re t..-eoc:•• Al • St ate Hi..,,..-ay ~ 8- 2, page• • IS- 419 , C-t)' Aecoro.r l ■ u -e..,111 Contro,;1 ss-sve10, co1trQl'I• Rl RecorclR lgntof c,yl,lap,I SIQ1011)111(ll.1.J. •I0l 01p,n01O• 1, &IOl 01p,,,Q152
RA • 111:e tlnq,,,i•Ment 145, 01'flclol llecorO. Sook 16), PG99'• IJS-1 41 RS ■ Cent e rll~ llefereoc:e ~, "°"" ,101011)1111).2-16.2 ond rleld Sook 3~117·2, Coltron, 11r, ■ Record Ai vr,t of WO)' Woc>a ,10101p,,1ou1_1 -a10101pmo1s1 , ,.._ u 2-6, Coltron1
A1 •rl•ld9QOl!.]Hl, tollr- 1111 • .u-euu, COOtnXt OS-J1910"1, CQltrONI R'J • "9co!-M of Sun,en 8ool< U, t>OQe 82 , Couity Recorder RIO- r! e td llook SO]], Coltr0<11 Poot• •
19!>0- 1954
511/ltt<I
1951-2000
9 /2 1 /1956
1915
1911 -1021
1/)1/ '9 ◄
12/17/1996
''°' 1. ten1er!I,.,. r H stao1l11"eC! i:,y r,o1a lng ,,.,,, fflOl'll.l111 nt1 at tongent eniu, along • Ith the re<:ord rOdlue. Ut c enterline 111onu1t1ent1 ore per RIO.

2. Al911t of woy !IIO!'ltl ..... t .. ri1 108od<3Hl- l,11'10o<1ri911tof•O-,,l 1 ft _.._._nu tie d ou, 01 1 10,ron 7t0t9l.76 1. s" left ona %•SJ•/_ 196" lefl. Ev.rytnlng 0.hHn In 6010 fi•10 l)OQt. 11 rlgnt of .-a-,, rlgnt . ~!!ao,!~~ r lgr,, of -a-,, left f r0111 cen,..-line, u1i119 pcrc•I• in , oa l. Aignt of .. a-,, requir1.,..nt1 fr0111 tne 1990"1 • e re UC)CIOted to refleet ,-.r1tlnQ Co1tron. fenc:1119 , Irrigation oncl ut lll t lea, pe.- 0e1rgn.

NO /C: ,,,. srore ·• rlgnt1 ore nor eJtt if'l9U/1/wd Uflt/1 r ecoroat iot1 of relorea Ca//forri /o Tr0111r,ortot/or, Commls$iotl rnolution. 117,, File No,/ _____ _
11119 File No.: _____ _
NOTES •J-• - -"9-.. (U 1x , n, M1,J5hocf'l,l...,. , .
::::: .- •-l--'"11 ..,.. .. 1• i.1 ... ... ,.- ,1'•0-ln r.rE:t~E. r:1.~:·.:.~nLEGENO ___ ....
___ .._ .... _. ,,...._ _ ,_ ---l,,lotl"t ,_.. "--
■ - • OPanlnv (,..hM<ol (I ) lnalccto ... -...-l"f
• lnllloetH t......, __,,
• l""loo••• OO!cul..,..,
~.';°' 1,..i,
~~:.r:.:

STATt OJ'CALIFOR.NlA
CAIJ J'OMNIA !i,-ATt:TJlA."fS"1ttTATION AGENCY
Ot:l"ARTMt:.NTot'11UNSNlRTATION

RIGHT OF WAY
RELINQUISHME:-IT MAP
Relinqul5 hment Nos. 11788 & 11789
CoPTRICMT 1019 C,t1 LlF"OJlhl,t1 DCP.tJITWEIH ~ TAANSPORTATIOl'I.

All RIQttTSACSC:JIYl:D •
F"l,l,.L Silt: lilAP SC"1.{: 1" • DO"
rttt o iSo oo eoo 1200
U(1)1 l 1110, Ofl004 l"IIO,,l[CT 101 0,170000IS
OIUJ'TED 8TI A, ~011 t..- OtCCJ.f.D IYI .J. ccroozo
8TATR HleNWAT A, OOK e. ,AeR H
DISTitlCT CCIAITT lil0UTl KIT P'IIII SHEU .:> TOTAi. SMUTS Sl.O 101 U .ot- lS.Sl I

Page 323 of 568 ends

COUNTY OF SAN LUIS OBISPO
Rancho Pismo
\
\
\
\
NO.I BEAAI NG I DlSU.MCE
Li l ss1•01·•1·wl
u I N3e•s1 ·11·111 I
L31!RlNS!"Ol•2"£1
\
\ • BJJIJ-S£T4
,•r,, • ~llow cot oo, pp -,h>Qil per Rl
j0--~.1!"12•9.9JN I
\__ ---------
\
\
NOrn ,,..,, Hot• of Cg/lfornlo or its officers or ~t• .,..,,, IIOt o,, ru-lbl• for tne oeevrocy or COl"IJl•teneu o f tti9/to1 i~• of '"'• "'<lJl.

I
I

CITY OF ARROYO GRANDE
I
It
g
'½ i i
: f
iJ.I
.. fl
NOTC:t ,,..,_ S tal•'• ri~t• are ,..,,, ..-tinguls,,.d ,..,,;1 r-.coraotion of relot.C California Tron,sportotior, C_,,,i•sion reso/uli,:,n.

NOTES STAT[OfC.\1.JFOR.'\'I,\
CAU)'OR."11A STATt: 'nU,.'\'SN)K'l'\"110~ AGf.J ri(:\'
0)'.f'AK'Olt:l'o, ' O17TR.\..'i$1"1 1MT A11O:,,:

RI G HT OF WAY

RELINQUIS HMENT MA P
~~-_::_-__ J~I:.cg:,.. JNOi::: ,,,,":::=1 c~tAl:;1!:~ll!~~~;~:: ::~ ~~~~ &IR~~=TATI~. ___ ,_ ... "'-- .f.LL FU!.HTS R[SER\'£0. ---.. 11eu-.1- I OR l'Rf'OWS RA INI OHltlA T/ON St.t: 1,JAP(SJ • l olOlptr>'JI #/_ r - - -~1:-o.:.:;,~: . Fl.Ill SI ZE 1111,P SCAI,.[, I" • ~ • UU ln(lloi:,tN-100-1"' F[£T O 25 50 100 150
• :::=.; ::::-• ~i}1~J1:~~•.~r°!\.r =~iJ ~~ ~~ 1=:!
:;:.;.!,C:0-~,7'' 1-•• ITATI HIGNWA Y IIU 0011: I , UH 100 fZ:ZI ~ 1
1 ::.i';:: ~1S1JUCT ~TT MOUT[ ~~\ PW ~El NO TOIAL SHEETS

Page 324 of 568 ends

COUNTY OF SAN LUIS OBISPO
Ran c ho Pismo \
\
RH H5-Porce! 1
auo.R. 1Jfi, 9/ll/1956
11°2 ,000.00 (HI R • ?000'
6a20'09 11" l•lOJ,46 ••l9')t·oo• L•696,J9' R •
------- "
cx1sr,,,c R,r111
101 Freeway
R• )000.00' 6•1••20 42 L-960 55
.l• Stf•
0•21.Ei5 111.HIIT
110., col dOt pt} Ol/r>O'
L5 N63°n·os"w
L6 N26"37'55"C
L7 ,,..;3•22·os·w
-..,,u,., •--
__ ... , _ _ _ ,,,.._., .. ,.,., .. ,\CN
F'-f--'"''""'' ~"-"--t'-"~"~_, cITY OF '""~:~:~o GRANDE /~~::"j \! l. AAOIUS OCLU LOIGT ◄ L•lS6.25' o ,., !M>.00' 30•:st,11· 41.07'
66"22'U"
3 MB 39
\
\
NOrc, The s,a,• of C<1llforrt/Q or its off(i:;er• or oger,t• .shall not o. respo,,slble for ,,.. occurocy or ctJtr'l}l•t-n of o/gitol I~• of tf>I• mop.

CITY OF GROVER BEACH
49 PM 33
--- --- --- j
(N84'•5'27"'1'

41.b1" R41
NOTES
C_.dl,.,•M - -1,,va - • en
ees U(HJ1H1.n c;,oc,,, Zono ~- ::::=::.- .... ,1<>r1~, ..... 91"!<t Dloldo .., o.ttMOlf, ... ...,,.,1~ =I=•~~- r--1 •.,J, ~I !MIU.

LEGENO
--•"uo,....,ll>l•H
---oc:.c•--~- --.......... 11......,1.~ ---t-1.,1.,. ~,. s---- ■ oec.w-lr9l,.,....,••I (~I 1.-.tloot--lCll-l"'IJ ~ ::::;:; ~::D::-•
:::,;.~i:o-.:i';"' 1_,, ~-•1..., ,ot>e r elfflql,IItl11 or c;,-o""'r Beocr, Jnc:orporotlon &OS AHOlut"on, 12/711959
El Camino Rea------ l -
30 PM 65
29 RS 94
-----

OF PISMO BEACH
C",\ I J .-t)IL'lilA !IT,\Tt; TRA~!'PORT,\110/'i' ,\C;J'.,'liC:\' Dt: .. AKTMt:l\'TOl''l"K.\,'liSl"(IJC'l'A11011,:

RI G HT OF WAY
RELi 'QUISHM ENT M AP
Relinquishment Nos. 11 788 & 11789
COPYRlCIH 201t CAllr ORNl .11 OEPtJHWCN l OF I AAl'<lSPORlATlON.

ALLRICHTSA[SlRV[O.

HJRPHt.'1/0IJS H/'Wl/W"ORJIAT/ON SC! IIU.P(S} •to/01,,,,,0/ 46 FIA.LS IZ(MAPSCAL[•1••S0'
F[[T O 2S SO I SO
U (1)1 l1'10, 0FI004 PftOJCCT 101 0!5110000IS
OAAFTEO 81'1 A. F'"ttr CHCCUO BY• J, COrdozo
ITATI HIGNWAY IIA,O 0011: t, ,OACII 101
OISTIUCT taMT1' ltOt,ll[ SHEtT l'V SHEtT II) TOTAL SHEtTS S SLO 101 14 , S l

Page 325 of 568 ends

COUNTY OF SAN LUIS OBISPO
Rancho Pismo
--
f83883-PC66
6-d"con,;.-per A7
\ (JJN6S"Z6'SJ''Jf
110.2$ R-t
Poin, or rota1io,, to
City of Grover a.ocr, lncorporor ion
80S R•aolut ion, 12/7/1959
11 .,.0,15• 9.7'
sg..•n.5• IH.31 LT
IINltODli!lheO OI ••01·on and OffHI
per ReHroo.,i.,..,.,,, 1•s~Porce1 •. P.O.T.
\
\
------ -~-.J9,2•· 11•
12, ,.,o•z• J
ranu-PC67 6"d'c:ooc-pe,-R7 reJHl·PC6'
6"..-6"conc-per 1n
/N12"18"0rtt us.s1·Rl)

CITY OF GROVER BEACH
NOrc.- The s,o,e of Collfornlo or ifs officer-• or ogent11 11t>a11 not t» r-espons/ble for t~ occu.-ocy or c01rtCl•t•,,.., of <1ir,ito1 1~11 of ,,,;,. mq7.
---------------~ Rea/ ____ Ree1tObllSNIO at T~I ---
--- a-1•13·~• 6 .. IJ.66 H,2.Jl LT
L•Jl 1: 5"14'05" L ■ ll2 ◄ 1' 1J"J0'1 ◄" l•l•l.75'
l R,d,450,00' 6•25"5 ◄ OJ" L-65 5. ' 1.1& 1! ◄
62•8I.J21'>1,/0LT
(R JSOO' ••l6".JS'92 • la/OtJ,06' Ral
.......... ...__' ~ reettay
. .. ~
'7 PMl;,98
c;/l ref ..on·ll•10 per 1110
li7•6J.82P.0,S.1.

Fll883-PC70 (63'•63.62 A5)
6"1<6"coroc-pet' IH
N62' 055'06 ... 151.15·
NOTtS c--01..,,, .. ....,_.1...,...-. an Cts ll!Rl•n•. n (_,..., 1 ...... ,. ~i:i?E•:'.'5.::."1•::~ ~ 1~
10 .,......, .1., ........... u.,,. n !oOJl. :::..::.:t::c::.::.· 1. ,_, ..........

LEGEND
--o«.ou,...,,.11,1,.,.
---"«-• .. ~- ---.. llalho.ilonH ---c.1,, ..... ,... -- • occ.uc:ic.,,1.,.1~· ... ,o) 00 lnOl01>•N-I01_.I,. e •:1c.:;:;, ,,,._ -• D JNlcorfHC3IC"'""W
:ITATJ'.OII CAUIIOR."'U
(',\I.J FOIU"IA sr,,n: TltA'1Sl'ORT,\110i'i ,\G.:.'1C\' PU'ARTMt::or.To11n~A:,iSl'ORTA'l10N

RIGHT OF WAY

RELINQUISHMENT MAP
Relinquishmrnt Nos. 11 788 & 11 789
COPYRIGHT 2019 C.lLJF OAHIA DE'.P.uiTWCNl Of' I AAHSPOAT.llJOf,I. .lLLRICl-!7SRE$£AV[0,
FOR PJllVJOIJS R/JI /NFQHl,U,fJON Si( "Al'(SJ !1/0l()/ptfl0/48 flJLLSIZ( M.lPSCAL[:1-•50'
FEET O 25 50 ISO
E.t,(e ): 31910, 0R004 PROJ£Ct 101 0511000085
OR.lFTEO BY• .... FOlttr' CHCCK[O BYI .I. CO..-dozo
CITY OF PISMO BEACH ::::;.;.~i:o-~.-;o· 1-•~
w;i~;:::.,r':,;: ITATI HIONWAY IIU.I' 001( I , l'AQI: 102 OISTRICt COJNfY AOOTE SHEET PIii 5HEET HO TOTAL SHEETS
-.,~ • -..,. ·--........ _,.,_1 _ _ ,,,.._ ..... ,o,.,, .• ,,. ... 5 SLO 101 1A.t

Page 326 of 568 ends

NB 101 ONRAMP
NOTES
Al I distances are in feet
unless otherwise noted.

DRAFTED BY
DJO
DATE
6/13/2022
LEGEND
ACCESS

PROHIBTED
NOTE: The State of California or its officers or
agents shall not be responsible for the accuracy or
completeness of digital images of this map.

OAK
PARK
PLAZA
.SECTION 20
T.32S. R.13E. S.B.M.

OF ARROYO GRANDE

STATE OF CALIFORNIA

CALIFOR IA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY

EXHIBIT MAP
REL 11788, SEGMENT 3
COPYRIGHT 2019 CALIFORNIA DEPART~ENT OF TRANSPORTATION.

SCALE : 1" = 100 '
FEET 0 50 100 200
DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
05 SLO 101 14.5 2 2

Page 327 of 568 ends

State of California California State Transportation Agency

DEPARTMENT OF TRANSPORTATION
Memorandum Making Conservation
a California Way of Life.

To:

From:

RAYMOND GARCIA & DANIEL OLDHAM

DEPARTMENT OF TRANSPORTATION
District 5 Right of Way Engineering
u~
Shell~ onohue

DEPARTMENT OF TRANSPORTATION
District 5 Environmental Engineering, Hazardous Waste
Date:

File:

July 11 , 2022
05-SLO-101 , PM 14.5
Subject: HAZARDOUS WASTE ASSESSMENT:

RELINQUISHMENT 11788 segments 1, 2, and 3; 11789, segment 1 This memo presents an assessment of known or likely hazardous materials and waste related concerns pertaining to relinquishment of the subject properties located along SLO-101 near postmile 14.5 in Arroyo Grande, San Luis Obispo County, CA.

This assessment was originally drafted by Ruben Atilano (D5, Environmental Engineering) and approved by Christopher Dennis (Caltrans Headquarters, Dept. of Environmental Analysis) in September 2021 . The memo was revised by Shelly Donohue in July 2022 to reflect changes in the nomenclature of the parcels. The parcel boundaries and environmental conditions remain unchanged from the original assessment.

Site Description
REL- #11788 is divided into 3 parcels. Segment 1 is approximately 20,099 square feet in size and located on the southbound side of U.S. 101 , immediately west and east of North Oak Park Road . Segment 2 is approximately 7,822 square feet in size and located directly south of 164- 01-04, on the opposite side of West Branch Street. These parcels are vegetated with trees, bushes and grass.

REL-11788, segment 3 is approximately 26,319 square feet in size and located northeast of the intersection of North Oak Park Road and West Branch Street. There are no structures on the parcel, however it appears that the parcel is part of a water retainment system and currently has ponded water.

REL- #11789, segment 1 consists of a small sliver parcel of about 12,566 square feet, west of the most southwestern portion of parcel 11788, along El Camino Real.

All the properties are within Grover Beach and Arroyo Grande limits, as shown in the attached Maps of Relinquishment (Attachment 1)
Current Site Use
The sites are presently moderately sloping undeveloped land, with parcel 164-01-04 serving as part of a water retainment system and are identified as an incorporated urban and built up area.

Use Prior to Acquisition by Caltrans
Caltrans files and available information indicate that the relinquishment parcels have been undeveloped land adjacent to State right of way prior to acquisition by Caltrans. "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability"

Page 328 of 568 ends

Relinquishments 11788 segments 1, 2, and 3; 11789 segment 1 Revised July 11 , 2022

Page 2 of 3 ends

Utility Easements and Pipelines
A review of Caltrans records and information on line indicates that no easements and pipelines exist on the parcels.

Geotracker/EnviroStor Data
The regulatory databases Geotracker and EnviroStor maintained by the California State Water Resources Control Board and the California Department of Toxic Substances Control (DTSC) respectively, identify no regulated properties adjacent to the relinquishment area.

There are no active investigation/mitigation sites adjacent to the relinquishment area.

No permitted underground storage tanks properties are located adjacent to the relinquishment area.

According to information online, no sites have impacted the relinquishment area.

Attachment 3 provides a screenshot from Geotracker with the EnviroStor layer turned on illustrating the relinquishment parcels and the surrounding area.

Aerially Deposited Lead
Tetraethyl lead was first added to gasoline, as an anti-knock additive, in the early 1920s.

California ended the use of leaded fuel for any on-road motor vehicles in 1994, with the remainder of the United States banning use in 1996. Lead is still an additive to aviation fuels.

Particulate lead was discharged in vehicle exhaust settling on and along California's highways.

The lead discharged from motor vehicles that accumulated in roadside soil is referred to as aerially deposited lead (AOL). Elevated concentrations of AOL are present in roadside soils throughout California.

Caltrans did not sample for AOL in the relinquishment areas. Soil with elevated AOL must be appropriately managed. Due to the distance from the main traveled way (closest distance to traveled way is 30 feet) to parcel 11789, segment 1, regulated concentrations of AOL are not anticipated to be present on the parcel. Parcels 11788 segments 1, 2, and 3 are further away from the main traveled highway than parcel 11789 and, therefore, AOL soil is not anticipated to be present on these parcels.

Striping/Pavement Markings
Lead chromate was a constituent of striping paint and pavement marking materials but has been phased out by Caltrans. However, older striping and pavement marking materials having elevated concentration of lead may still be present. The relinquishment parcels do not contain asphalt covered by traffic stripe/pavement marking.

California Geologic Survey Mineral Hazard Database Review The California Geologic Survey has compiled maps identifying mineral hazards within California, including petroleum, lithologic units and structures containing naturally occurring asbestos, mercury, asbestos and other mineral hazards.

These maps indicate that the relinquishment area is not located within a geologic unit known to contain naturally occurring asbestos or other hazardous minerals. "Provide a safe, sustainable, integrated and efficient transportation system to enhance California 's economy and livability"

Page 329 of 568 ends

Relinquishments 11788 segments 1, 2, and 3; 11789 segment 1 Revised July 11 , 2022

Page 3 of 3 ends

There are no faults mapped on the CGS maps within the relinquishment area where naturally occurring asbestos may be present on the slip surfaces.

There are no known gas wells, oil wells, or seeps identified on the Division of Oil, Gas, and Geothermal Resources (DOGGR) maps within or adjacent to the relinquishment area.

Asbestos and Lead Containing Materials
Asbestos containing materials (ACM) were frequently used on Caltrans structures in the form of shims, additives to mastics and transit pipe. Materials used in concrete comprising structural elements including bridge decks, buttresses and approaches may contain sand and gravel that may have naturally occurring asbestos.

There are no structures on the subject parcels and no ACM or lead containing materials are anticipated.

Chemically Treated Wood
Wood products such as signposts are commonly treated with chemical preservatives to protect the wood from insects, microorganisms, fungi , and other environmental conditions that can cause wood decay. Treated wood contains elevated concentrations of hazardous chemicals, once these wood products are removed from service, they must be managed under the alternative management standards developed by DTSC.

Based upon a visual survey of the relinquishment area by Google Earth Street View Imagery, Treated Wood is not present within the area to be relinquished .

Spills and Accidental Releases
The Caltrans Maintenance program has no records of spills or accidental releases of hazardous materials within the area of relinquishment.

Visual Observations
Visual observations of the relinquishment area were made by Google Earth Street-View imagery. No hazardous materials, structures, commercial , or industrial uses on or adjacent to the relinquishment area were identified.

Electronic Waste
There are no electronic systems or devices on or adjacent to the relinquishment area.

Attachment(s)
Attachment 1. Map of Relinquishments
Attachment 2. Geotracker/EnviroStor Screenshot
"Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability"

Page 330 of 568 ends

Arroyo Grande Excess Land Relinquishment
05-SLO-10 I-PM 14.5
REL 11788 segments 1, 2, and 3; 11789, segment 1
Attachment 1 - Maps of Relinquishment

Page 331 of 568 ends

COUNTY OF SAN LUIS OBISPO
Rancho Pismo
-··--··· ... ... __ ,.,.,u_____ __,, ................ _._ 99 NOTC: rr.. s,ot• of Coll f ornlo or r ,, officer, or agent & &r.t:111 "°' N rHp,ct>l ibl• for tl'WI oeeun,cy or
COfllPl•t-• of d/p;tol I~• of ,,,;, "'°"·
~
:-
~ C:_~~-

CITY OF PISMO BEACH

SURVEYOR'S STATEMENT
THIS Wt.PCOflRECTLlA[f"fl[!l(NlSJ.SUflV[Y M,1,0£8YM(OAUHO(A IIIY 01ftECT10N IN COMfORMANC£ IU1H IHI.. Hl(lUJlft.lll.NIS Qt IH[ PIIOHSSIOH,l,l L' NO SIJIW:YOfl'S .t.CT AT Hff RCOl.£ST Of THE CAUFORNl.1.

DCPARTl,lf;N TOfTAAHSPOfll.l.TIONlNF(flRIJA.AY2019.

MO F[[ PEA GOW:RPU"N T
COO£ SECTION 6l0l
Co n~. r~ul C,P>f
H[L[J,jNOl_,1,N
~~~-,,:~ blP\Jh toi..iih Ri:CMbCR
A•f.,...-.C•• Al • State Hi9"-0)' WOp 6oot,, 2, 1)09e■ •15 411, Coun1")1 llie<xrftr l'IZ . u-8ulll con,..-ae, SS·SvclO, Coltr'Q'\S JU • Record Fligtrt of Wr:r, t,laps
slol01Plfl()l • l , &I010ll)ffl014'-1,.IOl011)11101S1
A• • Re llnqui&twe nt r •s, Officio! Aecoroe 9oo1,. ID, po991J ll5·141 AS • Cent e rtllMI Reference iolclR,,r.,ent &<>QI\ glOIPIIII l,2•1 6.2 and fl e lo Book 3417·2, Cottr-ooa
A6 • lie.cord RigM of 9oy ~ •lolOlp,t10l•1_1-•lolOlp,,,0151 , i-..1•2-6 ,Co ltron•
Al•rleldtlool<JUIJ,Collroo.
fll • u-111..iu, eon1roc1 05-Jl910<I, conrorui
A9 • lleco.-<k of Sur,...n 6ool< 7,. , 00;,e 82, Coo..,ty lleco.-oer A10• rlela llool< !iOJl, Cottron•
NotH
1950- 195•
51111,5'1
195• -2000
9 /2 1/1954
1915
1990-1991
l9'1 - l021
1/31/1994
12117/19'6
'''" I. Centerline r H stoo1lst>e0 Dy f'lCl ldlng me mon,,i..,.ntt ot 1on941nt enoa, 010011 • lttl tne necord r oc,!ue. All c e nte rline 111a1u111eote ore per RIO.

Algr,tof .. oymoou111.,,t •: rlelo&ooi,; 3111- 1 , • l'IC>oa1dgr,1 of • oy le ft lftO"IUll'ler>tt tied ou, 01 s t otloo 110--9J.76 111. 45' leff ona 96• 53•1_ 196' 1ef1. Everytnlng De,-,,een In .aid fi e ld DOOP. ls rlgM of • oy rl9M. ~-:~OD,.!~=- right of ,.gy le ft fr°"' cen1erllne, usi09 PQl'"ee ls in R4, os l . Righ t of • oy r equiremen t s f rOl!I tne 1,90·• ,..,,.. Ul)<IOted to reflect e11lstl119 COltron• fencing, lrrlgofloo and ut lll t lH, per DeSllJO.

NO /C: ,,,. s,01•·• rlg11rs ore r,ot e1ttlngul•twa unt// ~ootlfxi of relot ea Co//fornlo rronn,ortotion Co,,,,,./u/ot'I r.solutlon. ,,,,, n,eNo.: _ ____ _ 111'!1 File No.:

NOTIS ~,- en 1,1w1,-.,--· , .:,s E-. z--· ... , ::::=.- •""IO"l"9 cr• 9"1t 01 ,i. ..,o.- , ss •o-1n ~:•=~· ._,14. ~l, r1 \OU.

LEGEND
--- •..,..,.,tt,ri.c,
-- --""'" --••"-'1- 1- ---t,,l1tl"9 .,. ~ - ■ ,._. _,l,.,. {f'rlv11*I t• f l ""lcot .. llOdlOi ...... I .... • 1: 1-:::.. f'e.JAO __,.
o ,,..1..., ... ...,1 .... ..,., ::.:.!.~.:,71-.,r, ~...,.. .... ,. o. ,. 11 ...... 1- STATI:OF CALI F'ORNIA
CAUfOMNIA !1-rATE TilANSf'OKTATIOl'I AGENCY
Of. P' AATMt:NTOF T'litAN.'iPf lftTATif >N

RIGHT OF WAY
RELINQUISHME~T MAP
Relinqulshmenl Nos. 11788 & t 1789
C(IPYflJClil 2'019 CAUrORt;u DlPIJITWE:rn Of TRANSPORTATION.

All AltltlTS ACSC:AYCO.

FULL SIZE WAPSCALCI 1-• • 00'
ree1 o 200 •oo EA!• )I 3 191 0 , OMlCM
OflAftto IT• A. fo.tW'
100 1200
"'°-'£CT 10 1 OSllOOOOl5
CHCO.C0 Ill J, Cardozo
ITATII HI.NWAT AP 1001 t , PA•I H
0 ISTIIICT CO,ltlT IIOUT[ SHEU ,v SHEU ll'J l 0 TAL SHU SL0 101 13,ot· U . 53 1

Page 332 of 568 ends

COUNTY OF SAN LUIS OBISPO
Ran c ho Pis mo
--J l]~' .1 7 2, ~c/ lrer,non-]l-6perl!IO
Reeuotin,......, orevi0l4 6~00 ◄◄ 0.10 RT r e linqui,rv,,ent point 01 ls (26• 00.l2 RSI reeo--d • ·ot'on
23•56 .31 97.6◄ "'
NO-I B[ARlttC I DlSTAltC[
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L21 N31°Sl ' 11"'111
Ll l(R) NSl" OI 2"E I
--.,,..,_..._. ·--,.,_,.,,_,_,,, ..... , ... ,c,-, •.• "' .. \
\

CITY OF
;i_ PW l<t.34
NOrc, ,,_ State o f Ca/ffornlo or It• offk., ra er ~nta ,,..,,, not o. reJpo11&fDI• f"or tr., oec,.,,..ae:, or
c01ttPle r,,..naf aigltoll~aoftflla""'fJ.

I
.; C/ lretll"o->· ll • Tr• • • •::ierRIO
lS•5s.n ,.o.s.r. !3S•SS.6l 1151
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--
HOrc1 rr. Star, ·• r/gt,ts or. not ,,1,'ngu;,,_,, until r.coraorion r;,f r,10,,,., California rranspor,ation ,_1,,1on r u o111ti0t1.

NOTES S'TAT[Of C,\I 'l lR./'11,\
C'AU FOH."11A ~1',\T[ 1'RASSffitff,\ 'l10N ,\Gt.:.NCY
D[l'Ak 'n-1[1\"TOt' TK,\,"1St'<IK'l',\1'1 0/'1
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Dlvlm1>10 . ..,,..,~ , ,,...,.,,1,.
:::,:•~ ..... ~~- r"!Ul, ~R ~Oll.

RIG H T OF WAY

RELINQUISHM ENT MAP
r_------~:=~;=;,_=•·~ .. -.. M---t c~,Al:;
1!:l~ll!~~O:~! ::~Tl~~:~ ~ A~~=UTl~-
---oc:c• ... s--- ALL AIGHTS A[SUtVED. --occ .... lhll oq.,1.,_ IOR ~V/OIIS IVY INH)RMHION kl MAP(S) .,o,o,o,n0l-'1_ I - - -~!:.:~~I•~=) ruu Sill MAP SCA!.[: 1~ • 50'
(Il l l""loo•--loi-lr,q F[[T O 25 50 100 150
• :::=.,:; ~::=-• ~~!;.;J1:~~-.~;:4t•r =~i~ ~~~ ~1=:! :,;::,;_~i:":,,)' 1- 1, f-~ l~T~A~Tl~ Hl~G~NW= A~Y~ H~,~.O~O~l ~ l,-, ~,~. ~ •• ~ ,oo~'--1 ~ ~;1
1:,1
•;."; DISTRICT ~TT ROUTE SHEET PM SHEET HO TOTAL SHEETS

Page 333 of 568 ends

COUNTY OF SAN LUIS OBISPO
Rancho Pismo
RH 7•5-Pon;:e1 1 86) O.R. 1l6, 9/71/1956
lh·2 ,000,0<I' (1,J} Rst000'
ll•20"09 ' 11" l•703.O 6~19"5 f ' 00~ ts696,l 9 ' R•
~
"
[XJSTJNG l?//lf
101 Freeway
Fhl000.00' ll.•18 "20'(2" L-'U,0.55'__.__,
' "
5 MB 64 / t.=~z·
/ CXISrtNC
/
/
3 MB 39
\
\
/'IOrf: rrie Stot" of Ca//fornlo or its offlc"rs or ~nls snot/ not De responsible for trie accuracy or
u,mple t erw,u orci,;itol lll'!Q9trs of rf>is =·

CITY OF GROVER BEACH
49 PM 33
----- j
N8'4' 5'21"11
l.(, 1'R l
LEGEND
---... • .,,.ot,lblt..,
- - - 0<;<:•M S.--.-d --""40u llel]._1.r,N
---~•'••int 11 ,... ~- ■ """u 0,,.,,1~0 !,..·,..,•f (Ill [n(llcc,t eellodlOI -1"1) • r:'c,:;;,,r"••roc:! ..,,._, o lndlcctHcal<"'<>t""'
...,,~ •• !Oc>oo ,.,, 1-•t t72LJ:::-=•)
City of C.-o~rBe-Och
Jneoroor otion 80S Auolut·on, 12/711959
El Camino Rea-------- l -
30 PM 65
2 9 RS 94

OF PISMO BEACH
STAT[OFCALIFOR,"I,\
f 'AIJl>Ull,"11,\ STATf. TilA~Sl'ORT,\TION AG~: NC\ '
Df. t'AIHME,,TOl'TRANSt'ORTAllON"

RI GHT OF WAY

RELINQUISHM ENT MA P
Relinquishment Nos. t 1788 & 11 789
COPYRIGHT 2019 CALlfOFftllA OEl'.IJITMENl OF TR.lNSPORH.TION, ALLRlCHTSRES(RV[O.

FOR PREVIOUS H/W /Nf"ORl4•flON Sf[ 1,uP(S} s/ol0lpm0146 FULL Sll[ Mt.PSUt.[: 1*• so·
FEET O 2S '50 I SO
EA )I 31910, OR004 PROJ£CT ID! 05170000115
ORAf'TEO 8Y: t., Fo.t•,.- CHECKED 8YI J, CO..-do;zo
I TATI! HIQNWAT •Al' 0011: I , ll'AQI 101
DISTRICT COUNTY AOOTE SH£El PM SHEET MO TOTAL SHEETS
SlO 101 14 , S l

Page 334 of 568 ends

COUNTY OF SAN LUIS OBISPO
Rancho Pismo \ City of Grov•r Beocn Incorporation
90S FMsolution, 12/7/1959
--~l0.2494.Ull
11 1,zn.oo· .o.~, 0 15 27"
L-27 .94 '
Rff$10011- at uor ·on 00d offset 114'<' Aellr,ouis"""4-nr 7• 5-Porcel • • P.O. T. 55•11 .1 3 94,76 LT ___-::-
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\
\
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6"•6'cooc:·pecrAJ
(H6 f"OJ'l6"w J.J/;,6J ' 1121
F8lH3-PCH
6"•6"con,;-p,,rR7

CITY OF GROVER BEACH
HOrc, rne Stot• of co1trornla or its officers or ~'• ,,.,,,,, r,,ot t» ru~fOI• f or ,,.. oc.,:uracy or completenHs or a/gitol i~:, of tflls tlfOIJ.
________________ £1 Cam/no Rea/
____ RffSTOOfiahed Of fCJr19ent ------
REL HS•Porc'i"""s 62•57,65 141. 15 LT ---
163 O.R, 1l6. 9121/1956
FllllBl·PCH
6'•6"conc•pe,- ,n
l"'Jl,1~•5"14'05" L•1l2.U' 4•1J"J0 '!4" L•l• 1.75•
{4 ) Rslo450.00' .0.•25'54 Ol" L~655 ,U' ltl&A•
&2•17.Jl 1'>1.70 tf
e-.,,..., ____ NOTES ...,_ ...... .,., cc,.,1w11"'·"L....,.. z.,,.,.,. :::: ::: .-.,.,,io,.1"9 ..... g,-1<1

01.1 .. ..,0 . ..,..,14,0...,.01" E~t=·~: r:1,'.;!:-.:.-...::u.

LEGEND
--o.:.:wu,.,....,l~hed
---~ __ ..,.,., ... ~- ,..11 ..... 1 • ...,
---u1.,1.,. . ,.. ~- ■ •c:c<0u-!eg (,.,..,,.,._1
l • I 1'"4\CC1N lkxO!CII -11"1
: :::::•= ::: .. :-·
ST.tn:ofCAU>YIR.. ·u
CAU>l>R.'/IA STAT [ TKA"SP'OKT,\"nON AGF ..... C\'
DU'AK'r1',l£~TOf'l"JtA,'1~N:lKT,\TION

RI G HT OF WAY

RELI NQU ISHM ENT MAP
Relinquishment Nos. 11 788 & 11 789
COPYAICHT 2019 C,.Llfo:tt<IIA DEP.r.ATW(Nl fl' f A.f.HSPOAUTION.

ALL AlCHTS A[SCll'IC0.
fOH Pft(.r/OUS H/JI JWOlh,l,lfJON sci- /l#Al'(S} !IIOl0 1pm01'8 FULLSIZ[ WAPSCALE: 1"•50•
FEET O 25 50 100 150
Uf•J1 11110, OJIO!M PROJECT IOI 0517000085
OflAFTED 8'1 A. Fotter CHECKED 8Y: J. Cardozo
CITY OF PISMO BEACH :::,;.:,':"".:,';"'' !Mpif
~"':::11::.i':..":

ITATa HIQNWAY ..... IOOK •• ,AcH 102
DISTIUCT COUNTY IIOUlE SHEET PW SHEET MO TOTAL SliECTS
SlO 101 14.t

Page 335 of 568 ends

NB 101 ONRAMP
NOTES
Al I distances are in feet
unless otherwise noted.

DRAFTED BY
DJO
DATE
6/13/2022
LEGEND
ACCESS

PROH IBTED
NOTE: The State of California or its officers or
agents shall not be responsible for the accuracy or
completeness of digital images of this map.

OAK
PARK
PLAZA
.SECTION 20
T.32S. R.13E. S.B.M.

ARROYO GRANDE ------- .____

STATEOFCALIFOR IA
CALrFORNlA STATE TRANSPORTATION AGE CY

DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY

EXHIBIT MAP
REL 11788, SEGMENT 3
COPYRIGHT 2019 CALIFORNIA DEPARTMENT OF TRANSPORTATION.

SCALE: 1" = 100'
FEET 0 50 100 200
DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
05 SLO 101 14.5 2 2

Page 336 of 568 ends

Arroyo Grande Excess Land Relinquishment
05-SLO-101-PM 14.5
REL 11788 segments 1, 2, and 3; 11789, segment 1
Attachment 2 - Geotracker/EnviroStor Screenshot
Taken 7/ 11/2022 from GeoTracker with EnviroStor Layer Turned On

Page 337 of 568 ends

•

Page 338 of 568 ends

Item 9.l.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
SUBJECT: Consider Approval of Contract Amendment 3 for Consulting Services with Consor, formerly Quincy Engineers, Inc., to Increase Costs and the Services Associated with the Design and Environmental Services for the Traffic Way Bridge Replacement Project
DATE: September 12, 2023
SUMMARY OF ACTION:

Approval of Amendment No. 3 to the contract for consultant services with Quincy Engineers, Inc. to provide design and environmental for the Traffic Way Bridge Replacement Project (Project). Amendment No. 3 is necessary to update the contract and change Quincy Engineers Inc. to Consor, their new company name, and to allow an adjustment to the total lump sum compensation and incorporate the additional services needed to address lengthened project schedule, circulation during construction, public outreach, production of environmental documents, site assessment testing and right-ofway engineering.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The FY 2023-2025 Biennial Budget includes $12,991,503 for the total Project budget. The source of the funds are federal Highway Bridge Program (HBP) funds (88.53%) and Local Sales Tax funds for the required match of $1,490,125 (11.47%). On October 8, 2019, the City Council approved a Contract for Consultant Services with Quincy Engineers, Inc. for the design and environmental services for the Project for $1,237,398. For additional services to be provided regarding the Project, an additional $157,800 is recommended to be added to the existing consultant services agreement to bring the total contract amount to $1,395,195. A summary of why the additional services are needed is in the “Analysis of Issues” section of this report. The additional services can be completed within the existing allocated funds for the Project, and no additional Local Sales Tax funds are needed.

RECOMMENDATION:
1) Approve Amendment No. 3 to the Contract for Consultant Services with Consor (formerly known as Quincy Engineers, Inc.) to continue to provide design and environmental services for the Project at an increased scope and budget; and 2)

Page 339 of 568 ends

Item 9.l.

City Council
Consider Approval of Contract Amendment 3 for Consulting Services with Consor, formerly Quincy Engineers, Inc., to Increase Costs and the Services Associated with the Design and Environmental Services for the Traffic Way Bridge Replacement Project
September 12, 2023

Page 2 ends

Determine that approving the Amendment No. 3 to the existing Contract for Consultant Services is not a project subject to the California Environmental Quality Act (“CEQA”) because increasing the Consultant’s scope and budget for the Project 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 Traffic Way Bridge (Bridge) spans Arroyo Grande Creek allowing Traffic Way to connect to West Branch Street. Traffic Way is an arterial roadway that conveys approximately 11,000 vehicles per day. The Bridge is a reinforced concrete structure supported by abutments on each end of the Bridge and concrete piles along the span.

The Bridge was constructed in 1932, making it 91 years old. In general, the design life of a bridge is 100 years.

Caltrans completes bridge inspections for the Traffic Way Bridge and all other bridges in the State. In 2006, the bridge was designated “scour critical” meaning that the supporting members of the bridge are compromised due to erosion of surrounding soil. In 2016 the Bridge was inspected by Caltrans, and the inspection found signs of deck cracking, failed expansion joints, spalling concrete, concrete abrasion, and creek channel erosion. In March 2018, it was determined that not only is scour an issue, but that the foundation is vulnerable in bearing capacity. Caltrans determined the Bridge needed replacing and placed it in the federal Highway Bridge Program (HBP). HBP provides funding for bridge repair and replacement. It provides 88.53% of federal funding and a required local match of 11.47%.

On July 24, 2018, an updated Master Service Agreement and Program Supplement Agreement with Caltrans was approved by the City Council for funding to replace the Traffic Way Bridge. On October 8, 2019, the City Council approved a contract for consultant services with Quincy Engineering (Contract) for the design and environmental services for the Project in the amount of $1,237,398 (See Attachment 2). On September 29, 2022, Amendment No. 1 of the Contract was approved by the City Council to extend the term of the Contract from October 8th, 2022, to October 31, 2022. On October 11, 2022, Amendment No. 2 of the Contract was approved by the City Council to extend the term of the Contract from October 31, 2022, to October 31, 2024. Quincy Engineering, Incorporated (QEI) was acquired and became a wholly owned subsidiary of Consor North America, Incorporated in October 2022, and thus the Consultant is now named Consor, which should be reflected in City’s existing contract.

ANALYSIS OF ISSUES:

The design of the Project is 65% complete. The Project schedule is to start construction in late Winter of 2025. The original project schedule in the RFP was to start construction

Page 340 of 568 ends

Arroyo Grande City CouncilSeptember 12, 2023

Arroyo Grande City Council
September 12, 2023