Arroyo Grande City Council
September 26, 2023

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, September 26, 2023
CLOSED SESSION MEETING 5:00 P.M.

REGULAR MEETING 6:00 P.M.

In person at:

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

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

CLOSED SESSION MEETING 5:00 P.M.

1. CALL TO ORDER

2. ROLL CALL

3. FLAG SALUTE

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS

5. CLOSED SESSION
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) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case.

6. ADJOURNMENT
REGULAR MEETING 6:00 P.M.

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

5. AGENDA REVIEW

5.a Closed Session Announcements
City Attorney Rosen will announce any reportable action from the following:

September 26, 2023 Closed Session Meeting:
a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case.

5.b Ordinances read in title only
Recommended Action:

Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived.

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Recognizing Domestic Violence Awareness Month

6.b Honorary Proclamation Declaring Fire Prevention Week

6.c Interim City Manager Communications
(ROBESON)
Recommended Action:

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

7. CITY COUNCIL REPORTS

7.a MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

2. Central Cost Blue Regional Recycled Water Authority Board

3. San Luis Obispo County Mayor's Meeting

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

5. Other

7.b MAYOR PRO TEM BARNEICH:

1. Audit Committee

2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

7.c COUNCIL MEMBER GEORGE:

1. Five Cities Fire Authority

2. Tourism Business Improvement District Advisory Board

3. Visit SLO CAL Advisory Board

4. Other

7.d COUNCIL MEMBER GUTHRIE:

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

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

4. REACH Economic Development Roundtable

5. Other

7.e COUNCIL MEMBER SECREST:

1. Air Pollution Control District (APCD)

2. South County Chambers of Commerce Arroyo Grande Business Meeting

3. South County Chambers of Commerce Governmental Affairs Committee

4. Other

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

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

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

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

action. The City Council may approve the remainder of the Consent Agenda on one motion.

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

9.b Consideration of a Homeless Service Grant Agreement with 5Cities Homeless Coalition (VALENTINE)
Recommended Action:
1) Review the proposal from 5CHC and authorize the Interim City Manager to execute a Grant Agreement between the City and 5CHC for Winter Shelter Support in the City subject to any, minor, technical, or non-substantive changes as approved by the Interim City Manager and City Attorney that effectuates City Council’s intent; 2) Make findings that approval of an agreement and expenditure of funds is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

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

Approve the minutes of the Regular City Council Meeting of September 12, 2023, as submitted.

9.d Authorize Change Order No. 3 to Quincon, Inc. for Construction of the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation Project, PW 2020-08 (KAHN)
Recommended Action:
1) Authorize the City Manager to execute Change Order No. 3 with Quincon, Inc. for the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation project, 2) Approve a budget adjustment request in the amount of $51,662; and 3) Make findings that Caltrans, as lead agency, has determined that the project is categorically excluded from the requirements to prepare and Environmental Assessment (EA) or Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA) pursuant to 23 CFR 771.117(d): activity (d)(13) covering bridge rehabilitation that avoids an adverse effect to historic properties under the National Historic Preservation Act

9.e Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1) Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting Services with Hamner Jewell Associates; and 3) Approve a Program Supplement Agreement (KAHN)
Recommended Action:

1) Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program for the Traffic Way Bridge Replacement Project and instructing the City Clerk to file a Notice of Determination; 2) Approve and authorize the Mayor to execute City’s standard Professional Services Agreement for Consultant Services with Hamner Jewell Associates to provide Right-of-Way Services for the Traffic Way Bridge Replacement Project in substantially final form (subject to minor revisions as approved by the City Manager consistent with Council direction); and 3) Adopt a Resolution authorizing the Mayor to execute the Program Supplement Agreement No. F017 for Federal-Aid Project No. 05-5199F15 for the Traffic Way Bridge Replacement Project.

9.f Monthly Water Supply and Demand Update
(KAHN)
Recommended Action:

Receive and file the Monthly Water Supply and Demand Update.

9.g Consideration of a Consultant Services Agreement for Building Division Staff, Plan Review, and Inspection Services
(PEDROTTI)
Recommended Action:
1) Approve and authorize the Mayor to execute the Professional Services Agreement for Consultant Services for Building Division staff, plan review, and inspection services; 2) Make findings that the approval of a Professional Services Agreement for the contemplated services 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.)

10. PUBLIC HEARINGS

10.a Consider Introduction of Ordinance Updating Chapter 3.08 of the City’s Municipal Code, Purchasing System, Designate Dollar Thresholds for Awarding Contracts, and Consider Updated Purchasing Policies and Procedures Manual
(VALENTINE)
Recommended Action:
1) Introduce the Ordinance amending Arroyo Grande Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System; 2) Adopt a Resolution designating dollar thresholds for awarding contracts; 3) Review a draft of the updated Purchasing Policies and Procedures Manual; and 4) Make findings that introducing a proposed Ordinance, adopting a Resolution designating dollar thresholds for awarding contracts, and reviewing the purchasing policies and procedures manual 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.)

11. OLD BUSINESS
None.

12. NEW BUSINESS

12.a Consider Introduction of Tally Ho Road Speed Limit Reduction Ordinance

(KAHN)
Recommended Action:
1) Waive the first reading and introduce for reading by title only an ordinance authorizing a speed limit reduction on Tally Ho Road between James Way and Highway 227 from 35 mph to 30 mph’ and 2) Make findings that the speed limit adjustment 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.) Other than the replacement of existing street signs, there is no additional physical alteration or construction associated with this action, and this speed adjustment is not anticipated to alter traffic patterns other than to reduce speed.

12.b Discussion of SLOCOG Supplemental Funding Efforts
(KAHN)
Recommended Action:

Receive an update, discuss, and provide feedback to Councilmember Guthrie for the SLOCOG Board of Directors

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

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

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

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

Item 6.a.

Item 6.b.

Item 9.a.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Cash Disbursement Ratification DATE: September 26, 2023
SUMMARY OF ACTION:

Review and ratify cash disbursements.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $ 1,177,968.77 fiscal impact that includes the following items:
 Accounts Payable Checks $ 754,083.85
 Payroll & Benefit Checks $ 423,884.92
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of August 16 through August 31, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND:

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

ANALYSIS OF ISSUES:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2022-23 and FY 2023-24 budgets.

Item 9.a.

City Council
Consideration of Cash Disbursement Ratification
September 26, 2023

ALTERNATIVES:

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

1. Approve staff’s recommendation;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

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

DISADVANTAGES:

There are no disadvantages identified in this recommendation.

ENVIRONMENTAL REVIEW:

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

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

Attachments:

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

2. August 25, 2023 – Payroll & Benefit Check Register

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name1 08/16/2023 298483 $ 4,682.69 09/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP2 08/16/2023 298483 602.12 09/23 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP3 08/16/2023 298483 358.87 09/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP4 08/18/2023 298484 36.00 BACTI TEST-WALNUT ST MAIN SHUT-OFF 640.4710.5310 ABALONE COAST ANALYTICAL INC5 08/18/2023 298485 1,000.00 08/20 SUMMER CONCERT SERIES SOUND 010.4421.5504 ADEPT EVENTS LLC6 08/18/2023 298486 185.96 DRY ERASE BOARDS, MARKERS 010.4130.5201 AMAZON CAPITAL SERVICES7 08/18/2023 298486 381.66 INVESTIGATION SUPPLIES-FLASHDRIVE 010.4204.5255 AMAZON CAPITAL SERVICES 8 08/18/2023 298487 167.92 08/23 COMM MAINT 010.4204.5606 APPLIED TECHNOLOGY GROUP INC 9 08/18/2023 298488 183.52 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T10 08/18/2023 298489 174.61 BAN#9391033184 473-5100 PD 010.4201.5403 AT&T11 08/18/2023 298489 68.81 BAN#9391033187 481-6944 PD 010.4201.5403 AT&T12 08/18/2023 298489 30.16 BAN#9391033183 473-2198 PD 010.4201.5403 AT&T13 08/18/2023 298490 80.00 07/23 DOGGIE CLASSES 010.4424.5351 IRINA BEATTY14 08/18/2023 298491 3,212.39 PATROL SUPPLIES-PARKING CITATION FORMS 010.4201.5201 BOONE PRINTING & GRAPHICS INC15 08/18/2023 298492 138.42 HATS- 10 SMALL, 20 LG/XL 640.4712.5143 BRAND CREATIVE16 08/18/2023 298492 198.42 HATS- 10 SMALL, 20 LG/XL 010.4420.5143 BRAND CREATIVE17 08/18/2023 298492 60.00 HATS- 10 SMALL, 20 LG/XL 612.4610.5143 BRAND CREATIVE18 08/18/2023 298492 198.41 HATS- 10 SMALL, 20 LG/XL 220.4303.5143 BRAND CREATIVE19 08/18/2023 298493 800.00 08/20 SUMMER CONCERT SERIES BAND 010.4421.5504 SUSAN RITCHIE BRATCHER20 08/18/2023 298494 161.67 SOFTBALLS (24) 010.4424.5257 BSN SPORTS, LLC21 08/18/2023 298495 1,380.00 LE POINT CHRG STN YEARLY SUBSCRIPTION 010.4145.5508 CHARGEPOINT INC22 08/18/2023 298496 1,349.00 ACCT#8245100960302509 CITY HALL 010.4140.5303 CHARTER COMMUNICATIONS23 08/18/2023 298496 122.12 ACCT#8245100960129431 COUNCIL CHAMBER 010.4145.5401 CHARTER COMMUNICATIONS24 08/18/2023 298496 185.15 ACCT#8245100960223572 PD TV 010.4145.5401 CHARTER COMMUNICATIONS25 08/18/2023 298496 987.20 ACCT#8245100960223598 PD VOICE 010.4145.5401 CHARTER COMMUNICATIONS26 08/18/2023 298496 451.58 ACCT#8245100960211288 PW TV, VOICE 010.4145.5401 CHARTER COMMUNICATIONS27 08/18/2023 298496 736.80 ACCT#8245100960211288 PW TV, VOICE 010.4145.5401 CHARTER COMMUNICATIONS28 08/18/2023 298496 761.32 ACCT#8245100960211791 REC TV, VOICE 010.4145.5401 CHARTER COMMUNICATIONS29 08/18/2023 298496 200.51 ACCT#8245100960216667 WOMEN'S CENTER 010.4145.5401 CHARTER COMMUNICATIONS30 08/18/2023 298496 327.16 ACCT#8245100960216667 WOMEN'S CENTER 010.4145.5401 CHARTER COMMUNICATIONS31 08/18/2023 298496 739.65 ACCT#8245100960301246 COUNCIL 211.4101.5330 CHARTER COMMUNICATIONS32 08/18/2023 298496 1,349.00 ACCT#8245100960301246 COUNCIL 211.4101.5330 CHARTER COMMUNICATIONS33 08/18/2023 298496 199.98 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS34 08/18/2023 298496 103.20 ACCT#8245100960104152 PD INTERNET 010.4201.5403 CHARTER COMMUNICATIONS35 08/18/2023 298497 58.63 ACCT#090058901 -CITY HALL TV 010.4145.5401 CHARTER COMMUNICATIONS36 08/18/2023 298498 412.50 07/23-STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP37 08/18/2023 298499 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 SARAH CORDOVA38 08/18/2023 298499 96.00 PARK RENTAL REFUND-LESS ADMIN 010.0000.4354 SARAH CORDOVA

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name39 08/18/2023 298500 $ 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC40 08/18/2023 298501 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 SIMONE FAUQUET41 08/18/2023 298502 122.60 CORP YARD SEWER BILL 612.0000.4751 CITY OF GROVER BEACH42 08/18/2023 298503 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 AMBER HELMACE43 08/18/2023 298504 125.00 REFUND DOGGIE CLASS 010.0000.4605 STEVE HOWARTH44 08/18/2023 298505 94.50 MEMORY MAGIC CLASS 010.4424.5351 HELEN JACOBSEN 45 08/18/2023 298506 71.83 FUEL 010.4203.5608 JB DEWAR, INC46 08/18/2023 298507 734.50 06/23 PROF FEES-400 W BRANCH 010.0000.2563 KOSMONT & ASSOCIATES INC47 08/18/2023 298507 998.40 07/23 PROF FEES- 400 W BRANCH 010.0000.2563 KOSMONT & ASSOCIATES INC48 08/18/2023 298508 60.00 BASKETBALL SCORER- 4 GAMES X $ 010.4424.5352 JHADE LA PAZ49 08/18/2023 298508 105.00 BASKETBALL SCORER- 7 GAMES X $ 010.4424.5352 JHADE LA PAZ 50 08/18/2023 298510 21.53 WHITE MARKING PAINT 010.4301.5273 MINER'S ACE HARDWARE, INC51 08/18/2023 298511 416.00 WINDOW TINT FOR SWAT VAN 010.4203.5601 MOBILEWORKS OF SANTA MARIA52 08/18/2023 298512 251.83 MAINT AGREEMENT-COPIER 010.4204.5602 OFFICE153 08/18/2023 298513 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 FRED ORTIZ54 08/18/2023 298514 34.40 ELECTRIC-WELL #11 352 LA CANADA 640.4711.5402 PACIFIC GAS & ELECTRIC CO55 08/18/2023 298515 37.50 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS56 08/18/2023 298515 514.00 UNIFORM CLEANING-PATROL SVCS 010.4203.5303 PARAMOUNT CLEANERS57 08/18/2023 298515 60.00 UNIFORM CLEANING-PD SUPPORT SVCS 010.4204.5303 PARAMOUNT CLEANERS58 08/18/2023 298516 200.00 06/30 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP59 08/18/2023 298517 98.36 POSTAGE METER INK 010.4201.5208 PITNEY BOWES60 08/18/2023 298518 251.63 POSTAGE MACHINE LEASE-5/23-8/22 010.4204.5602 PITNEY BOWES, INC61 08/18/2023 298519 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MELISSA PIWOWARSKI62 08/18/2023 298520 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY63 08/18/2023 298520 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY64 08/18/2023 298520 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY65 08/18/2023 298520 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY66 08/18/2023 298520 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY67 08/18/2023 298520 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY68 08/18/2023 298520 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY69 08/18/2023 298520 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY70 08/18/2023 298520 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY71 08/18/2023 298520 42.46 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY72 08/18/2023 298520 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY73 08/18/2023 298520 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY74 08/18/2023 298520 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY75 08/18/2023 298520 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY76 08/18/2023 298521 4,124.03 AMMUNITION 010.4204.5255 SAN DIEGO POLICE EQUIPMENT CO

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name77 08/18/2023 298522 $ 85.00 ADULT SOFTBALL SCORER- 5 GAMES 010.4424.5352 MARTINA SARMIENTO78 08/18/2023 298523 75.00 06/23 PARKING CITATION REV DIST 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER79 08/18/2023 298524 22.10 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS80 08/18/2023 298524 14.30 GAS SERVICES-350 S ELM ST 010.4145.5401 SOCALGAS81 08/18/2023 298524 110.78 GAS SERVICES-1375 SH ST 010.4145.5401 SOCALGAS82 08/18/2023 298525 417.00 TRAINING/TUITION-REGISTRATION 010.4203.5501 SOUTH BAY REGIONAL PUBLIC83 08/18/2023 298526 25.49 CAR WASHES-B409 010.4301.5601 SUNSET NORTH CAR WASH84 08/18/2023 298527 80.00 D2 WATER DIST CERT-EMPLOYEE 640.4712.5501 SWRCB-DWOCP85 08/18/2023 298528 643.80 PATROL SCHEDULING SOFTWARE LICENSE 010.4204.5607 TIMECLOCK PLUS LLC86 08/18/2023 298529 75.00 07/23 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK87 08/18/2023 298530 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 BETHANY TRAUGHBER88 08/18/2023 298531 76.11 ACCT#808089883-00003 REC CELL 010.4425.5255 VERIZON WIRELESS89 08/18/2023 298532 26,681.08 06/23 TMD ASSESSMENT REMITTANCE 761.0000.2007 VISIT SLO CAL90 08/18/2023 298532 (533.62) 06/23 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL91 08/18/2023 298533 614.05 COPY MACHINE LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL 92 08/18/2023 298534 115.86 UB Refund Cst #00026840 640.0000.2301 TONI MATTOCK93 08/18/2023 298535 23.84 UB Refund Cst #00028511 640.0000.2301 JOSEPH MURPHY94 08/18/2023 298536 156.66 UB Refund Cst #00005233 640.0000.2301 RAFAEL NARVAEZ 95 08/18/2023 298537 91.28 UB Refund Cst #00029092 640.0000.2301 PLUS PROPERTY MGMT96 08/18/2023 298538 508.84 UB Refund Cst #00021441 640.0000.2301 JAMES STORTON97 08/25/2023 298539 505.00 STORMWATER SAMPLING 010.4301.5503 ABALONE COAST ANALYTICAL INC98 08/25/2023 298539 304.00 WATER SAMPLES- FAIR OAKS WATER 640.5911.7001 ABALONE COAST ANALYTICAL INC99 08/25/2023 298539 304.00 WATER SAMPLES-FAIR OAKS WATER 640.5911.7001 ABALONE COAST ANALYTICAL INC 100 08/25/2023 298540 9,873.21 PATROL EQUIPMENT-RIFLES 271.4202.6201 ADAMSON INDUSTRIES, INC101 08/25/2023 298541 1,000.00 08/27 SUMMER CONCERT SERIES SOUND 010.4421.5504 ADEPT EVENTS LLC102 08/25/2023 298542 7.71 ADM SVCS OFFICE SUPPLIES 010.4120.5201 AMAZON CAPITAL SERVICES103 08/25/2023 298542 1,356.30 PW ADMIN-MONITORS, MOUSE 010.4307.5201 AMAZON CAPITAL SERVICES104 08/25/2023 298542 258.58 IT-KEYBOARDS 010.4140.5602 AMAZON CAPITAL SERVICES 105 08/25/2023 298543 1,747.16 FLEET BATTERIES 010.4204.5601 BATTERY SYSTEMS 106 08/25/2023 298544 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 HANNAH BAUMGARTNER107 08/25/2023 298545 2,369.02 PATROL-FIRST AID SUPPLIES & EQ 010.4203.5272 BOUND TREE MEDICAL, LLC108 08/25/2023 298546 67.69 WORK ORDER TABLETS 640.4710.5306 BURDINE PRINTING (DBA)109 08/25/2023 298547 5.58 VACTOR-HOSE CLAMPS 612.4610.5255 CARQUEST AUTO PARTS110 08/25/2023 298547 26.38 PW-23 CAR WASH & CLEANING SUPPLIES 010.4305.5601 CARQUEST AUTO PARTS111 08/25/2023 298547 5.94 PW-5 SOCKET 640.4712.5273 CARQUEST AUTO PARTS112 08/25/2023 298548 178.39 SAFETY BOOTS 010.4301.5148 CARR'S BOOTS & WESTERN113 08/25/2023 298549 500.00 07/23 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF114 08/25/2023 298550 368.63 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name115 08/25/2023 298551 $ 484.23 (2) 21 FT 2" GALV STEEL PIPE 640.4712.5610 FAMCON PIPE AND SUPPLY INC116 08/25/2023 298552 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 NINA GOFFINET117 08/25/2023 298553 5.00 BUS LIC OVERPYMT BL23-000246 010.0000.4050 TOM GRIFFIN118 08/25/2023 298554 117.45 (6) PIPE THREAD COMPOUND 640.4712.5610 ICONIX WATERWORKS (US) INC119 08/25/2023 298555 120.79 FUEL 010.4203.5608 JB DEWAR, INC120 08/25/2023 298555 5,061.37 1000 GAL DIESEL 010.0000.1202 JB DEWAR, INC121 08/25/2023 298556 90.00 SOFTBALL SCORER- 4 GAMES X $15 010.4424.5352 TERRA KISSINGER122 08/25/2023 298557 50.00 08/04/23 ROUND ROBIN PICKLEBAL 010.4424.5351 MAUREEN LEWIS123 08/25/2023 298558 4,749.05 EMPLOYEE WELLNESS-CORDICO APP 010.4201.5303 LEXIPOL LLC 124 08/25/2023 298559 180.00 06/23 OCC FACILITY USAGE-ZUMBA 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST125 08/25/2023 298559 1,042.50 06/23 OCC FACILITY USE-BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST 126 08/25/2023 298559 112.50 06/23 CIM SUMMER DAY CAMP-OCEANVIEW 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST127 08/25/2023 298559 88.50 06/30/23 CIM FIELD TRIP RANCHO GRANDE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST128 08/25/2023 298559 216.92 06/27/23 CIM FIELD TRIP RANCHO GRANDE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST129 08/25/2023 298559 138.25 06/16 CIM FIELD TRIP- TURTLE RESERVE 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST130 08/25/2023 298559 85.75 06/21 CIM FIELD TRIP AGHS POOL 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST131 08/25/2023 298560 107.21 (3) OXYGEN BOTTLE EXHANGE 010.4305.5603 MATHESON TRI-GAS INC132 08/25/2023 298561 700.00 08/27 SUMMER CONCERT SERIES BAND 010.4421.5504 GLENN MCARDLE133 08/25/2023 298562 150.00 SOTO BASIN SUMP PUMPS-PULL MOTOR 010.4430.5603 MELLO & SON'S PUMPS & MOTORS134 08/25/2023 298563 10.76 MARKING PAINT 010.4301.5273 MINER'S ACE HARDWARE, INC135 08/25/2023 298564 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 ROBERT NAVARRO 136 08/25/2023 298564 14.00 REFUND OVERPYMT-PARK RENTAL CHARGE 010.0000.4354 ROBERT NAVARRO137 08/25/2023 298565 1,700.00 1/8 X1/8 PAGE ADVERTISING 010.4421.5504 NEW TIMES138 08/25/2023 298566 276.00 06/23 K RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA139 08/25/2023 298566 276.00 07/23 K RAIL RENTAL 010.4919.5303 PACIFIC PETROLEUM CALIFORNIA140 08/25/2023 298567 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 NILESH PATEL141 08/25/2023 298568 532.11 POSTAGE MACHINE LEASE FEE 010.4102.5602 PITNEY BOWES, INC142 08/25/2023 298569 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 FELAINE POWELL143 08/25/2023 298570 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JOE ROULEAU144 08/25/2023 298571 667.00 CASH FOR GRASS 667 SQ FT 226.4306.5554 KURT SALTZMAN145 08/25/2023 298572 72.79 PW-4 OIL CHG 010.4301.5601 SANTA MARIA TIRE, INC146 08/25/2023 298573 7,200.00 MONTHLY STREET SWEEPING 220.4303.5303 SCA147 08/25/2023 298573 2,700.00 MONTHLY STREET SWEEPING 010.4307.5303 SCA148 08/25/2023 298574 900.00 CASH FOR GRASS- 900 SQ FT 226.4306.5554 ANDREW SEILER 149 08/25/2023 298575 3,258.00 ANNUAL SLOCOG MEMBERSHIP FY23/24 010.4145.5503 SLO COUNCIL OF GOVERNMENTS150 08/25/2023 298576 2,749.40 CROSS CONNECTION PROGRAM MANAGEMENT 640.4710.5303 SLO COUNTY ENVIRONMENTAL151 08/25/2023 298577 770.00 EXPLORER COMPETITION REGISTRATION 010.0000.2027 SLO COUNTY SHERIFF'S OFFICE152 08/25/2023 298578 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 CAROL SMITH

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name153 08/25/2023 298579 $ 90.00 08/08/23 E-FLYER 010.4421.5504 SOUTH COUNTY CHAMBERS154 08/25/2023 298580 195,212.80 07/23 SEWER SERVICES COLLECTION 760.0000.2304 SOUTH SLO COUNTY SANIT DIST155 08/25/2023 298580 2,475.00 07/23 SEWER SVC HOOKUPS (1) 760.0000.2305 SOUTH SLO COUNTY SANIT DIST156 08/25/2023 298580 8.81 CITY ACCT-215 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST157 08/25/2023 298580 8.81 CITY ACCT-300 E BRANCH 010.4145.5401 SOUTH SLO COUNTY SANIT DIST158 08/25/2023 298580 8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST159 08/25/2023 298580 8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST160 08/25/2023 298580 8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST161 08/25/2023 298580 8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 162 08/25/2023 298580 8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST163 08/25/2023 298580 8.81 CITY ACCT-203 N RENA 010.4145.5401 SOUTH SLO COUNTY SANIT DIST164 08/25/2023 298580 8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST165 08/25/2023 298580 8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 166 08/25/2023 298580 8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST167 08/25/2023 298580 8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST168 08/25/2023 298581 500.00 FACILITY USAGE-QUILTING SPRING 010.4424.5251 ST JOHN'S LUTHERAN CHURCH169 08/25/2023 298581 500.00 FACILITY USAGE- KNITTING SUMMER 010.4424.5251 ST JOHN'S LUTHERAN CHURCH170 08/25/2023 298582 5,916.00 SWINGING BRIDGE REHAB 350.5620.7301 SWCA ENVIRONMENTAL CONSULTANTS171 08/25/2023 298583 160.00 GRADE D-2 OPERATOR CERTIFICATION 640.4712.5501 SWRCB-DWOCP172 08/25/2023 298584 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 TARTAGLIA ENGINEERING173 08/25/2023 298585 1,600.00 ENTERPRISE ERP FINANCIAL MGMT SYSTEM 350.5453.7301 TYLER TECHNOLOGIES INC 174 08/25/2023 298586 527.75 MAYORS MEETING SUPPLIES 010.4001.5501 U.S. BANK175 08/25/2023 298586 (650.00) LOCC ANNUAL CONF REFUND-MCDONALD 010.4101.5503 U.S. BANK176 08/25/2023 298586 1,200.00 ICMA MEMBERSHIP 010.4101.5503 U.S. BANK177 08/25/2023 298586 58.00 SPEC DEP SUPPLIES-NEWSLETTER E 010.4102.5255 U.S. BANK178 08/25/2023 298586 323.99 (2) 24" MONITORS-PERMIT TECH 010.4130.5201 U.S. BANK179 08/25/2023 298586 608.81 ZOOM 010.4140.5303 U.S. BANK180 08/25/2023 298586 9.99 NETWORKS SOLUTIONS DOMAIN REGISTRATION 010.4140.5303 U.S. BANK181 08/25/2023 298586 88.25 EMPLOYEE WELLNESS SUPPLIES 010.4201.5303 U.S. BANK182 08/25/2023 298586 155.00 MEMBERSHIP -CPCA 010.4201.5503 U.S. BANK183 08/25/2023 298586 1,370.25 BLDG MAINT-LOBBY DOOR GLASS 010.4201.5604 U.S. BANK184 08/25/2023 298586 312.48 DG FOR GROUNDS MAINT. 010.4201.5605 U.S. BANK185 08/25/2023 298586 10.50 ABPA PRACTICE EXAM BOOK 010.4420.5255 U.S. BANK186 08/25/2023 298586 269.32 PWR TRIM EDGER SIDE ARM ASSEMBLY 010.4420.5603 U.S. BANK 187 08/25/2023 298586 155.26 AMAZON, FACEBOOK- SUMMER CONCERTS 010.4421.5504 U.S. BANK188 08/25/2023 298586 1,064.75 SPEC EVENTS- FAMILY DANCE, AIP 010.4424.5252 U.S. BANK189 08/25/2023 298586 45.70 FACEBOOK AD-SPEC EVENTS PROMOTIONS 010.4424.5353 U.S. BANK190 08/25/2023 298586 712.77 SUMMER SUPPLIES 010.4425.5255 U.S. BANK

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name191 08/25/2023 298586 $ 435.26 SNACK SUPPLIES 010.4425.5259 U.S. BANK192 08/25/2023 298586 556.00 CONTRACT SVCS 010.4425.5303 U.S. BANK193 08/25/2023 298586 90.87 DMV PHYSICAL-UTILITIES 640.4712.5315 U.S. BANK194 08/25/2023 298586 178.21 STAFF MEETING-B'FAST BURRITOS 010.4307.5201 U.S. BANK195 08/25/2023 298586 114.19 (2) INK CARTRIDGES 010.4307.5201 U.S. BANK196 08/25/2023 298586 50.04 WIRELESS KEYBOARD & MOUSE 010.4307.5201 U.S. BANK197 08/25/2023 298586 1,583.84 UNIFORMS 010.4203.5272 U.S. BANK198 08/25/2023 298586 268.73 TRAINING- TUITION, TOLLS 010.4203.5501 U.S. BANK199 08/25/2023 298586 1,239.39 REPAIR & MAINT PD-4620 & 4621 010.4203.5601 U.S. BANK200 08/25/2023 298586 221.09 FLEET MAINT-CLEANERS 010.4203.5601 U.S. BANK201 08/25/2023 298586 695.36 REPAIR & MAINT. PD-4621 & 4620 010.4203.5601 U.S. BANK202 08/25/2023 298586 548.92 TRAINING-LODGING 010.4204.5501 U.S. BANK203 08/25/2023 298586 109.63 TRAINING-LODGING 010.4204.5501 U.S. BANK204 08/25/2023 298586 69.76 EMPLOYEE WELLNESS SUPPLIES 010.4201.5303 U.S. BANK205 08/25/2023 298586 594.82 REPAIR & MAINT PD-4621 & 4620 010.4203.5601 U.S. BANK206 08/25/2023 298586 1,659.70 UNIFORMS 010.4204.5272 U.S. BANK207 08/25/2023 298586 571.96 TRAINING-TUITION 010.4203.5501 U.S. BANK208 08/25/2023 298586 115.80 OFFICE SUPPLIES 010.4201.5201 U.S. BANK209 08/25/2023 298586 1,296.16 UNIFORMS 010.4203.5272 U.S. BANK210 08/25/2023 298586 226.60 PATROL SUPPLIES 010.4203.5255 U.S. BANK211 08/25/2023 298586 173.08 FLEET SUPPLIES 010.4203.5601 U.S. BANK212 08/25/2023 298586 2,337.59 DOGGIE BAGS 010.4420.5605 U.S. BANK213 08/25/2023 298586 72.23 MOTOROLA CONFERENCE FUEL, MEALS 010.4140.5501 U.S. BANK214 08/25/2023 298586 145.45 AMAZON-OFFICE FURNITURE 010.4421.6001 U.S. BANK215 08/25/2023 298586 215.49 PICKLEBALL CENTRAL-PICKLEBALLS 010.4424.5251 U.S. BANK216 08/25/2023 298586 15.14 MEETING SUPPLIES-COFFEE 010.4421.5255 U.S. BANK217 08/25/2023 298586 720.00 SPECIAL EVENTS-HARVEST FESTIVAL 010.4424.5252 U.S. BANK 218 08/25/2023 298586 96.68 SNACK SUPPLIES 010.4425.5259 U.S. BANK219 08/25/2023 298586 380.00 CONTRACT SVCS 010.4425.5303 U.S. BANK220 08/25/2023 298586 160.00 INTL CODE COUNCIL MEMBERSHIP 010.4130.5503 U.S. BANK221 08/25/2023 298586 800.63 FURNITURE FOR CDD DIRECTOR OFFICE 010.4130.5201 U.S. BANK222 08/25/2023 298586 86.38 OFFICE SUPPLIES-OFFICE MAX 010.4130.5201 U.S. BANK223 08/25/2023 298586 50.90 AUTHORIZE.NET CC FEES 010.4145.5555 U.S. BANK224 08/25/2023 298586 259.50 SUPPLIES FOR STAFF LUNCH 010.4145.5508 U.S. BANK225 08/25/2023 298586 30.45 SUPPLIES FOR STAFF LUNCH 010.4145.5508 U.S. BANK226 08/25/2023 298586 1,346.76 UNIFORMS 010.4203.5272 U.S. BANK227 08/25/2023 298586 114.06 AMAZON- MISC ITEMS CHGD IN ERROR CREDIT TO BE 010.4201.5501 U.S. BANK228 08/25/2023 298586 136.44 EMPLOYEE WELLNESS SUPPLIES 010.4201.5303 U.S. BANK

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name229 08/25/2023 298586 $ 199.00 DROPBOX ANNUAL MEMBERSHIP 010.4002.5503 U.S. BANK230 08/25/2023 298587 103.20 PIPE LOCATOR 640.4712.5273 USA BLUE BOOK231 08/25/2023 298587 29.04 HAZARDOUS MATERIAL SIGN 640.4712.5604 USA BLUE BOOK232 08/25/2023 298587 160.17 (5) HAZARDOUS MATERIALS SIGNS 640.4712.5604 USA BLUE BOOK233 08/25/2023 298587 116.16 (4) HAZARDOUS MATERIALS SIGNS 640.4712.5604 USA BLUE BOOK234 08/25/2023 298588 304.08 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS235 08/25/2023 298588 860.16 ACCT#208620661-00002 PD CELL PHONES 010.4201.5403 VERIZON WIRELESS236 08/25/2023 298589 101.10 DOCUMENT SHREDDING SVC 010.4201.5303 VITAL RECORDS CONTROL237 08/25/2023 298590 50.00 REFUND PARK DEPOSIT-STROTHER 010.0000.2206 TINA WALKER238 08/25/2023 298591 614.05 COPY MACHINE LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL 239 08/25/2023 298592 100.00 PW-USED OIL SERVICE 010.4305.5303 WORLD OIL ENVIROMENTAL SVCS240 08/25/2023 298593 1,202.54 UB Refund Cst #00022404 640.0000.2301 JAIME AVILA241 08/25/2023 298594 678.92 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE242 08/25/2023 298595 3,003.60 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN243 08/25/2023 298596 48,637.89 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE244 08/25/2023 298596 53,086.96 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE245 08/25/2023 298596 13,337.66 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE246 08/25/2023 298597 2,576.00 UNEMPLOYMENT CHARGES 010.4919.5142 CA ST EMPLOYMENT DEVEL DEPT 247 08/25/2023 298598 1,911.51 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT248 08/25/2023 298598 19,767.81 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT249 08/25/2023 298599 170.30 DEPT OF CHILD SUPPORT SERVICES: Payment 011.0000.2114 CA STATE DISBURSEMENT UNIT250 08/25/2023 298600 2,800.00 GASB-68 REPORTS & SCHEDULES 010.4120.5303 CALPERS251 08/25/2023 298601 3,740.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS252 08/25/2023 298602 4,512.22 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP253 08/25/2023 298602 10,829.23 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP254 08/25/2023 298602 825.00 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP255 08/25/2023 298602 500.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP256 08/25/2023 298602 183.18 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP257 08/25/2023 298603 43.90 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD258 08/25/2023 298604 38,146.51 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT259 08/25/2023 298604 53,684.42 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT260 08/25/2023 298604 117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT261 08/25/2023 298604 1,207.99 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT262 08/25/2023 298604 (0.04) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT263 08/25/2023 298605 1,436.22 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620264 08/25/2023 298606 723.91 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA265 08/31/2023 298607 1,000.00 09/03/23 SUMMER CONCERT SERIES 010.4421.5504 ADEPT EVENTS LLC266 08/31/2023 298608 24.69 BAN#9391033180 FAX 010.4145.5403 AT&T

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name267 08/31/2023 298608 $ 24.56 BAN#9391033186 CC MACHINE 010.4145.5403 AT&T268 08/31/2023 298609 50.00 PARK DEPOSIT REFUND-HERITAGE SQUARE 010.0000.2206 ASHLEY BEENE269 08/31/2023 298610 57.09 BUSINESS CARDS 010.4102.5255 BOONE PRINTING & GRAPHICS INC270 08/31/2023 298611 165.00 PW-52 SERVICE 640.4712.5601 BOYER'S DIESEL271 08/31/2023 298612 1,118.34 300 GALL SODIUM HYPOCHLORATE 640.4712.5274 BRENNTAG PACIFIC INC272 08/31/2023 298612 1,324.16 (14) DRUMS HYPOCHLORITE 640.4712.5274 BRENNTAG PACIFIC INC273 08/31/2023 298612 (160.00) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC274 08/31/2023 298613 32.00 FINGERPRINT/LIVESCAN-ROCHA 010.4301.5316 CA ST DEPT OF JUSTICE275 08/31/2023 298613 32.00 FINGERPRINT/LIVESCAN-PALACIOS 010.4213.5316 CA ST DEPT OF JUSTICE276 08/31/2023 298613 96.00 FINGERPRINT/LIVESCAN-CARABAJAL 010.4307.5316 CA ST DEPT OF JUSTICE277 08/31/2023 298614 32.23 PW-52 LUBE, FUEL 640.4712.5601 CARQUEST AUTO PARTS278 08/31/2023 298615 12,045.00 FALL 2023 ACTIVITY GUIDE 010.4421.5504 CASEY PRINTING, INC279 08/31/2023 298616 1,432.25 07/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC280 08/31/2023 298616 400.00 07/23 NETBILL MONTHLY MAINT 640.4710.5303 DATAPROSE LLC281 08/31/2023 298616 458.36 07/23 NETBILL CC TRANS 640.4710.5555 DATAPROSE LLC282 08/31/2023 298616 114.59 07/23 NETBILL CC TRANS 612.4610.5555 DATAPROSE LLC283 08/31/2023 298617 11,350.00 RENTALSCAPE YEARLY SUBSCRIPTION 010.4130.5503 DECKARD TECHNOLOGIES INC 284 08/31/2023 298618 350.00 DEPOSIT-2/10/24 SR SWEETHEART 010.4424.5252 MICHAEL DIAS285 08/31/2023 298619 25,000.00 CCB-WIFIA APPLICATION FEE 640.4710.5804 EPA-WIFIA PROGRAM286 08/31/2023 298620 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 GWYNETH GRAY287 08/31/2023 298621 2,316.02 VACTOR REPAIR-LEVEL WIND SYSTEM 612.4610.5603 HAAKER EQUIPMENT, INC288 08/31/2023 298622 800.00 08/27 SUMMER CONCERT SERIES BAND 010.4421.5504 TAMMY JILL KNIGHT289 08/31/2023 298623 195.00 BASKETBALL SCORER- 13 GAMES X $15 010.4424.5352 JHADE LA PAZ 290 08/31/2023 298624 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SANDRA LUNA291 08/31/2023 298625 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 RIANNA MALHERBE292 08/31/2023 298626 10.00 REFUND-BRIDGE 010.0000.4605 DIEDRE MCEVEETY293 08/31/2023 298627 30,228.61 COMPREHENSIVE GENERAL PLAN UPDATE 010.4130.5303 MINTIER HARNISH LP294 08/31/2023 298628 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 MARIA MORA295 08/31/2023 298629 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 ANDRES MORAN296 08/31/2023 298630 7,950.00 EXECUTIVE SEARCH SVCS-1ST INSTALLMENT 010.4101.5303 MOSAIC PUBLIC PARTNERS LLC297 08/31/2023 298631 500.00 09/03 SUMMER CONCERT SERIES BAND 010.4421.5504 WENDY OLIVER298 08/31/2023 298632 155.00 PRE-EMPLYMT MEDICAL TESTING 010.4213.5315 PACIFIC CENTRAL COAST HEALTH299 08/31/2023 298633 17,426.22 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO300 08/31/2023 298634 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 CHAD ROBERTSON301 08/31/2023 298635 136.00 ADULT SOFTBALL SCORER-8 GAMES X $17 010.4424.5352 MARTINA SARMIENTO302 08/31/2023 298636 17.80 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS303 08/31/2023 298636 16.07 GAS SERVICES-111 S MASON 010.4145.5401 SOCALGAS304 08/31/2023 298636 14.13 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS

CITY OF ARROYO GRANDE

CHECK LISTING
AUGUST 16 - AUGUST 31, 2023
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name305 08/31/2023 298636 $ 17.83 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS306 08/31/2023 298637 8,654.71 06/23 AGTBID MARKETING 240.4150.5301 VERDIN MARKETING INK307 08/31/2023 298637 12,228.05 07/23 TBID MARKETING 240.4150.5301 VERDIN MARKETING INK308 08/31/2023 298638 1,289.60 NORTHERN CITIES STAFF EXTENSION 640.4710.5303 WATER SYSTEMS CONSULTING INC309 08/31/2023 298639 1,156.00 FEE STUDY SVCS-USER, DEVELOPMENT IMPACT FEES 010.4120.5303 WILLDAN FINANCIAL SERVICES310 08/31/2023 298640 65.00 REFUND-DOGGIE CLASS 010.0000.4605 MICHELE YOCKEY311 08/31/2023 298641 4,525.50 06/23 GAMING & CODING CAMPS 010.4424.5351 YOUTH TECH INC. $ 754,083.85

.

General Fund 369,236.45 5101 Salaries Full time 241,011.26 Streets Fund 21,768.30 5101 Volunteer Employee Retirement - Sewer Fund 10,311.21 5102 Salaries Part-Time - PPT 3,302.00 Water Fund 22,568.96 5103 Salaries Part-Time - TPT 10,911.00 423,884.92 5105 Salaries OverTime 23,313.40
5106 Salaries Strike Team OT -
5107 Salaries Standby 1,723.10
5108 Holiday Pay 1,207.12
5109 Sick Pay 6,448.26
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 19,847.73 5113 Vacation Pay 7,176.43
Public Works - Maintenance 2,295.47 5114 Comp Pay 3,851.92 Public Works - Enterprise 1,170.20 5115 Annual Leave Pay 9,647.53 Recreation - Administration - 5116 Salaries - Police FTO - Recreation - Special Events - 5121 PERS Retirement 35,302.33 Children In Motion - 5122 Social Security 22,586.44
23,313.40 5123 PARS Retirement 144.79
5126 State Disability Ins. 948.13
5127 Deferred Compensation 700.00
5131 Health Insurance 48,309.15
5132 Dental Insurance 2,874.00
5133 Vision Insurance 775.97
5134 Life Insurance 381.51
5135 Long Term Disability 714.90
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 637.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 615.68
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,152.50
423,884.92
OVERTIME BY DEPARTMENT:

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
08/04/2023 - 08/17/2023
8/25/2023

BY FUND BY ACCOUNT
ATTACHMENT 2

Item 9.b.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Interim City Manager
Nicole Valentine, Administrative Services Director
SUBJECT: Consideration of a Homeless Service Grant Agreement with 5Cities Homeless Coalition
DATE: September 26, 2023
SUMMARY OF ACTION:

Approval of a Grant Agreement (Attachment 1) with 5Cities Homeless Coalition (5CHC) to provide Homeless Winter Shelter Support.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Funding in the amount of $300,000 was allocated towards Homeless Shelter support from American Rescue Plan Act (ARPA) funds received by the City. $100,000 of the ARPA funds is included in this agreement with 5CHC to provide Winter Shelter support. Staff is working with 5CHC to identify appropriate programs and services for the remaining $200,000. As these are confirmed, separate agreements will be brought to the Council for consideration.

RECOMMENDATION:
1) Review the proposal from 5CHC and authorize the Interim City Manager to execute a Grant Agreement between the City and 5CHC for Winter Shelter Support in the City subject to any, minor, technical, or non-substantive changes as approved by the Interim City Manager and City Attorney that effectuates City Council’s intent; 2) Make findings that approval of an agreement and expenditure of funds is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND:

In 2021, the City was allocated $4,300,241 in ARPA funding from the federal government.

To support the immediate pandemic response, bring back jobs, and lay the groundwork for a strong and equitable recovery, ARPA established the Coronavirus State and Local Recovery Fund, designed to deliver $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and recover from the

Item 9.b.

City Council
Consideration of a Homeless Service Grant Agreement with 5Cities Homeless Coalition
September 26, 2023

economic impacts caused by the public health crisis. The United States Treasury has issued rules detailing how ARPA funds may be used. One such use includes affordable housing programs provided to households, businesses, or populations disproportionately impacted by the COVID-19 public health emergency. Additionally, ARPA funds may be provided to nonprofit organizations to address impacts associated with the pandemic. 5CHC is a non-profit organization focused on providing service to families and individuals by providing the resources, support, and hope needed to become self-sufficient, productive community members. The organization submitted a request for a portion of the City’s available ARPA funding to support the Winter Shelter program. At its meeting on October 12, 2021, the City Council allocated $300,000 of the City’s ARPA funding to Homeless Shelter support. Following this action, City staff worked with 5CHC to review a refined proposal that would utilize $100,000 from ARPA funding to increase support for the Homeless population within Arroyo Grande.

The Winter Shelter program provides safe emergency shelter during weather events such as rain and/or cold temperatures, meals, and case management services. Traditionally 5CHC has activated the warming center with predictions of temperatures below 38°F, or with rain forecast at 50% or greater. The primary goal of the program and warming center is to keep people from falling ill or dying due to exposure to sometimes harsh seasonal elements. Since 2015, 5CHC has operated a seasonal warming center during inclement weather. This center has been limited to a 4-5 month operating period due to the limited availability of space in the community. From mid November 2022 to March 31, 2023, the warming center opened on 58 nights, but only remained open on 4 days during extreme flooding. 118 unique individuals (84 Male and 34 Female) took advantage of the center during the courses of the winter, with 87 of them reporting being first-time guests not having utilized the shelter in prior years. 35% of the guests were aged 50 and older.

ANALYSIS OF ISSUES:

Permanent Location and Operation for Inclement Weather Shelter/Winter Shelter A new location has been identified, and the proposed ARPA funding allocation will assist 5CHC to enter into a long-term lease for a year-around facility that will both serve as an inclement weather shelter, which will administer the Winter Shelter program, and also enable the Coalition to potentially expand services with a new recuperative care program. 5CHC plan includes providing 60 nights of shelter operation over the course of the entire winter and does not require 5CHC to vacate the facility by March 30th (as has been the limitation of prior locations). 5CHC also intends to expand its shelter services to remain open during the day, when needed, depending on the weather.

Item 9.b.

City Council
Consideration of a Homeless Service Grant Agreement with 5Cities Homeless Coalition
September 26, 2023

5CHC is requesting $100,000 for 3 fiscal years as shown in the table below:

The full proposal including draft budget can be found in Attachment 2. The budget reflects that the warming center estimated cost to operate for 60 nights per season far exceed the funding requested from the City.

The City will continue to work with 5CHC to identify options to allocate the remaining $200,000 in ARPA funds.

ALTERNATIVES:

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

1. Approve and authorize the Interim City Manager to execute a Grant Agreement between the City and 5CHC for $100,000 towards the Winter Shelter program subject to any, minor, technical, or non-substantive changes as approved by the Interim City Manager and City Attorney that effectuates City Council’s intent;

2. Modify and approve the Grant Agreement and authorize its execution;

3. Do not approve the Grant Agreement, which will delay and/or not provide funding to the Winter Shelter program and another eligible use will need to be identified; or

4. Provide other direction to staff.

ADVANTAGES:

The $100,000 allocation to 5CHC from ARPA Funding will help ensure that the City spends the ARPA allocation before the allotted timeframe to expend those funds under Federal regulations expires on December 31, 2026.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

The proposed agreement and expenditure of funds 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.) Fiscal Year ARPA Allocation
FY 2023-24 34,000
FY 2024-25 33,000
FY 2025-26 33,000
100,000

Item 9.b.

City Council
Consideration of a Homeless Service Grant Agreement with 5Cities Homeless Coalition
September 26, 2023

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Grant Agreement

2. 5CHC Winter Shelter Proposal

65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -1- ARPA AGREEMENT

HOMELESSNESS PREVENTION SERVICES GRANT AGREEMENT

BY AND BETWEEN

CITY OF ARROYO GRANDE
AND
5CITIES HOMELESS COALITION
(ARPA REVENUE LOSS CATEGORY PROJECT)

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Arroyo Grande, a municipal corporation organized under the laws of the State of California with its principal place of business at 300 E. Branch Street, Arroyo Grande, California 93420, County of San Luis Obispo, State of California ("City") and 5Cities Homeless Coalition, a California Nonprofit Corporation, with its principal place of business at 100 South 4th Street, PO Box 558, Grover Beach, CA 93483 ("Recipient"). City and Recipient are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 On March 10, 2021, the United States Congress passed, and President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”);

2.2 ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together known as the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program, which provide a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery.

2.3 The Interim Final Rule on SLFRF issued by the Department of the Treasury effective May 17, 2021, and the Final Rule issued by the Department of the Treasury effective April 1, 2022, (together the Interim Final Rule and the Final Rule are hereinafter referred to as the “Rule”) provide the rules and guidelines for how the ARPA funds may specifically be spent.

Further, the Rule allows for the City to transfer SLFRF funds to a Recipient who experienced public health impact or a negative economic impact due to the COVID-19 public health emergency.

2.4 The City received federal funding in the form of SLFRF under ARPA (“Funds”) in response to the coronavirus (“COVID-19”) pandemic. These funds may be used to fund services traditionally provided by a government.

2.5 Under ARPA, the City may provide grants to Beneficiaries to mitigate the negative economic impacts of the COVID-19 pandemic. Treasury has defined Beneficiaries to include individuals, households, 501(c)(3) or 501(c)(19) non-profit organizations, small businesses and impacted industries that experienced public health or negative economic impacts as a result of the COVID-19. Further, the City may use ARPA funds under the revenue loss project category to

65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -2- ARPA AGREEMENT
obtain government services.

2.6 By letter dated June 21, 2023, Recipient submitted a proposal to provide homelessness prevention and supportive services in programs further described in Exhibit “A”, which include but are not limited to a winter warming shelter (“Programs”).

2.7 The City desires to provide grant funds to Recipient in consideration for operation of the Program in accordance with the Program Budget attached hereto as , Exhibit "B" attached hereto and incorporated herein by reference (“Program Budget”), subject to and in accordance with the requirements of this Agreement, including but not limited to the deadlines and schedules applicable to the Funds.

3. TERMS.

3.1 Scope of Programs and Term; Restrictions on Use of Funds.

3.1.1 General Use of Funds. Recipient promises and agrees to furnish all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately operate the Programs. All Programs shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 ARPA Related Restrictions. The Funds paid under this Agreement are subject to the following conditions:

3.1.2.1 The Recipient agrees to abide by all terms and conditions set forth in ARPA, the Rule, additional accompanying guidance, and this Agreement.

3.1.2.2 All Funds must be obligated by December 31, 2024.

3.1.2.3 All Funds must be expended by December 31, 2026.

3.1.2.4 The use of Funds are to provide services traditionally provided by the City, including operation of homelessness prevention programs.

3.1.2.5 All Funds must be expended for Programs and all invoices for Programs submitted to the City for review by the City and closeout in accordance with ARPA requirements on or before October 31, 2026.

3.1.2.6 The Funds shall not be used for any activity that would violate City, state or federal statutory or decisional law, and must be spent in accordance with this Agreement and ARPA.

3.1.3 Term. The term of this Agreement shall be from the Effective Date to December 31, 2026, unless earlier terminated as provided herein. Recipient shall operate the Programs using the Funds within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if so desired; provided, however, City shall not extend the deadline for use of the Funds and City shall be under no obligation to provide additional funding of any kind for the Programs.

65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -3- ARPA AGREEMENT

3.2 Grant Funds.

3.2.1 Grant Funds; Program Budget. Recipient shall receive Funds for expenses incurred in accordance with the Program Budget, such Funds not exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00). The Program Budget, but not the total amount of Funds to be provided, may be amended from time to time pursuant to an amended Program Budget submitted to the City by Recipient for approval of the City Manager or City Representative, as applicable, at their reasonable discretion.

3.2.2 Payment of Funds. Recipient shall submit to City a reimbursement request which indicates the amount, payee, exact use of, and Program Budget category for all expenses incurred by Recipient for Programs. The reimbursement request shall include copies of any invoices for which Funds are requested and proof of payment of the invoice. City shall, within 30 days of receiving such complete reimbursement request, review the reimbursement request and pay all non-disputed and approved charges. If the City disputes any of Recipient's requested reimbursements, the City shall give written notice to Recipient within thirty (30) days of receipt of an reimbursement request of any disputed fees set forth therein. Payment shall not constitute acceptance of any reimbursement request completed by Recipient. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

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

3.3 Responsibilities of Recipient.

3.3.1 Certification. By signing the Agreement, Recipient certifies that the information provided in its June 21, 2023 proposal was true and accurate and that the Funds received pursuant to this Agreement will be used exclusively to mitigate the impacts of homelessness and for the purposes described herein.

3.3.2 Independent Contractor; Control and Payment of Subordinates. The Programs shall be performed by Recipient or under its supervision. Recipient will determine the means, methods and details of performing the Programs subject to the requirements of this Agreement. Recipient is receiving Funds in the form of a grant and is not being retained as an employee. Any personnel performing the Programs on behalf of Recipient shall not be employees of City and shall at all times be under Recipient's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Recipient or any of Recipient’s officers, employees or agents, except as set forth in this Agreement. Recipient shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Programs under this Agreement and as required by law.

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

3.3.3 Schedule of Programs. Recipient shall perform the Programs in a prompt and timely manner and in accordance with the Scope of Programs and Restrictions on Use of Funds set forth above. Recipient represents that it has the professional and technical personnel required to perform the Programs expeditiously. Upon request of City, Recipient shall provide a more detailed schedule of anticipated performance to meet all applicable deadlines.

65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -4- ARPA AGREEMENT

3.3.4 Substitution of Key Personnel. Recipient has represented to City that certain key personnel will perform and coordinate the Programs under this Agreement. Should one or more of such personnel become unavailable, Recipient may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Recipient cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Janna Nichols, Executive Director

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

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

3.3.7 Reserved.

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

3.3.9 Period of Performance.

65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -5- ARPA AGREEMENT

3.3.9.1 Recipient shall perform all Programs and expend the Funds in accordance with the deadlines imposed under this Agreement within the Term set forth above (“Performance Time”). Recipient agrees that if the Programs are not completed within the aforementioned Performance Time and/or pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

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

3.3.10 Laws and Regulations; Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Recipient shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the use of the Funds or performance of the Programs, including but not limited to the Federal Requirements (as such term is herein defined) set forth in Exhibit “A-1” to this Agreement, which is incorporated herein by this reference and all Cal/OSHA requirements, and shall give all notices required by law. Recipient shall be liable for all violations of such laws and regulations in connection with the Programs and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause and seek repayment of any Funds improperly spent.

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

65501.00105\41534528.2
ATTACHMENT 1
BB&K (2023) -6- ARPA AGREEMENT

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

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

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

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

3.3.11 Insurance.

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

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Recipient, in partial performance of its obligations

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

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

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

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(B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): 1) Cancellation:

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

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

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

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

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

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cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Recipient acknowledges and agrees that actual or alleged failure on the part of the City to inform Recipient of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

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

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

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(F) Recipient shall report to the City, in addition to Recipient’s insurer, any and all insurance claims submitted by Recipient in connection with the Programs under this Agreement.

3.3.11.12 Insurance for Subrecipients. Recipient shall include all subrecipients engaged in any work for Recipient relating to this Agreement as additional insureds under the Recipient's policies, or the Recipient shall be responsible for causing subrecipients to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subrecipient's policies. All policies of Commercial General Liability insurance provided by Recipient’s subrecipients performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Recipient shall not allow any subrecipient to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subrecipient’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Recipient shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

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

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

3.4.3 Compliance Monitoring. This Agreement may also be subject to compliance monitoring and enforcement by the DIR. It shall be Recipient’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the

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submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Recipient or any subrecipient that affect Recipient’s performance of services, including any delay, shall be Recipient’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Recipient caused delay and shall not be compensable by the City. Recipient shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Recipient or any subrecipient.

3.4.4 Labor Certification. By its signature hereunder, Recipient certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Programs.

3.5 Violations and Termination of Agreement.

3.5.1.1 Effect of Violations of Agreement. If the City discovers that Recipient has breached any part of this Agreement or made a material misrepresentation, or otherwise provided false information in its proposal or any document provided to City to support Recipient’s request or a reimbursement, or Recipient has misused the Funds or used them for an ineligible expenditure, Recipient shall return the entirety of the Funds to the City within ten (10) calendar days of the City’s written notice. The City’s decision shall be final. Additionally, the City shall have all other remedies besides the remedy provided herein to enforce this Agreement and its Program.

3.5.1.2 Specific Performance. Recipient agrees that, by accepting Funds, the City has the legal right, and that all necessary conditions have been satisfied, to specifically enforce Recipient’s obligations pursuant to this Agreement.

3.5.1.3 Grounds for Termination. Notwithstanding anything to the contrary herein, City may, by written notice to Recipient, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Recipient of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination for cause, Recipient may be required to refund any portion of the Funds that have been spent contrary to this Agreement and Recipient shall be entitled to no further compensation. Recipient may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

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

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

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3.6 Indemnification.

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

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

3.7 General Provisions.

3.7.1 Accounting Records.

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

3.7.1.2 Recipient shall maintain true, proper, and complete documentation that evidences Recipient’s expenditures for approved uses of Funds (“Records”) for five (5) years after all funds have been expended or through December 31, 2026, whichever date is later. Recipient shall make available to City such Records within ten (10) calendar days of the City’s request. Recipient understands that other agencies, including, without limitation, the federal government, is authorized to audit City’s use of ARPA funds. Recipient shall use its best efforts to cooperate, promptly, in any audit by any agency or entity, including a City audit. This Section shall survive the termination or expiration of this Agreement.

3.7.1.3 Recipient shall provide notification to City of any audits or investigations including results, findings, and/or liens

3.7.2 Independent Contractors and Subcontracting.

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

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

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

Recipient: 5Cities Homeless Coalition
100 South 4th Street, PO Box 558
Grover Beach, CA 93483
ATTN: Janna Nichols, Executive Director
City: City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
ATTN: Bill Robeson, Interim City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Recipient under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Recipient on other projects without the City’s express written permission. Within thirty (30) days

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following the completion, suspension, abandonment or termination of this Agreement, Recipient shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. Recipient shall have no right to retain or fail to provide to City any such documents pending resolution of a dispute. In addition, Recipient shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Programs under this Agreement, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Recipient shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

3.7.4.4 Indemnification. Recipient shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

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

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magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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

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

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

3.7.10 City's Right to Fund Other Beneficiaries. City reserves right to fund other beneficiaries in connection with services similar to the Programs.

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

3.7.12 Assignment or Transfer. Recipient shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

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

3.7.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Recipient include all personnel, employees, agents, and subrecipients of

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Recipient, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

3.7.17 Taxes. The City and Recipient expressly agree that the Recipient shall be responsible for all taxes that are associated in any way with the receipt or use of the Funds.

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

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

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

3.7.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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

3.8 Federal Provisions. Funding for the Programs is provided, in whole or in part, by

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an agency of the federal government; Recipient shall also fully and adequately comply with the provisions included in Exhibit “A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]

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BB&K (2023) -18- ARPA AGREEMENT

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ARROYO GRANDE AND
5CITIES HOMELESS COALITION
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written (the “Effective Date”).

CITY OF ARROYO GRANDE 5CITIES HOMELESS COALITION
By:

Ken Dalebout, President
By:

Its:

Printed Name:

Approved By:

Bill Robeson, Interim City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
Isaac Rosen, City Attorney
Attested By:

City Clerk

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BB&K (2020) Exhibits ARPA BENEFICIARY AGREEMENT
EXHIBIT “A”

PROGRAMS
5Cities Homeless Coalition operates a seasonal winter warming center, which provides emergency shelter, meals, and case management services. 5CHC case managers on site during guest hours to perform initial assessments for clients, to identify case plans for long-term housing stability, and provide for their immediate needs. The primary goal of the warming center is to keep people from falling ill or dying due to seasonal elements. That said, the Coalition’s goals are far broader, in that we endeavor, as with all of our programs, to assist people in transforming their lives and regaining permanent housing (or preventing homelessness in the first place).

This proposal focuses on two key programs:
 Permanent Location and Operation for Inclement Weather Shelter; and  Potential for Expanded Recuperative Care
Winter Warming Center 2023-2024/2025-26 Seasons
– South County’s Only Inclement Weather Shelter:

Historically 5Cities Homeless Coalition has operated a seasonal shelter during inclement weather. This shelter has been limited to operating 4-5 months due to the limited availability of shelter space in the community. 5CHC has operated a winter warming center since 2015, in that time there has been no permanent location for the shelter and it has been required to move 6 times in the past 8 years. The shelter services have been provided in a small 20 x 20 conference room at the Department of Social Services, at two different churches, and three different civic centers. In each location, the shelter has been forced to set-up and break-down on a daily-basis; and has operated under limited conditions, often times having to share space with other programs or events. This past season only one location was finally able to be secured in late November, the South County Regional Center operated by the South County Chamber, which required a rental fee of $2,500 per night of operation (to offset their ability to rent the facility at other days and times). This location was only available due to limited use opportunities during COVID, will not be available in the 2023-24 season, which caused 5CHC and local community leaders to aggressively look for a potentially permanent location.

A new location has been identified, and this proposal will assist 5CHC to enter into a City of Arroyo Grande
Winter Shelter Proposal

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BB&K (2023) -2- ARPA AGREEMENT
long-term lease for a year-around facility that will both serve as an inclement weather shelter and also enable the Coalition to potentially expand services with a new recuperative care program. Details of the new facility follow.

Inclement Weather Shelter: Due to limited availability for seasonal space, 5CHC has been limited to operating the winter shelter for no more than 5 months and has also been required to limit service to night-time only and closing during the day. Even in heavy storms, the shelter has closed at 7:00 a.m. and shelter guests were asked to vacate the property.

This proposal plans for 60 nights of shelter operation (which could be extended should weather or shelter needs change) over the course of the entire winter and does not require 5CHC to vacate the facility by March 30th (as has been the limitation of prior locations). 5CHC also intends to expand its shelter services to remain open during the day if needed, depending on the weather. The current plan, in keeping with prior years, is to activate the winter shelter with predictions of temperatures below 38°F, or with rain forecast at 50% or greater.

An added benefit of a long-term lease for the shelter, is that it will enable 5CHC to admit pets along with their owners. It is anticipated that shelter utilization will increase, once it is known that pets will also be welcome. Due to the shared uses of prior locations with other events or service, 5CHC had to restrict pets and only allow for service animals.

This last season (mid-November 2022-March 31, 2023) the shelter opened on 58 nights, but only remained open on 4 days during extreme flooding. 118 unique individuals (84 Male and 34 Female) took advantage of the shelter during the courses of the winter, with 87 of them reporting being first-time guests not having utilized the shelter in prior years. 35% of the guests were age 50 and older.

Due to the COVID pandemic a majority of our shelter volunteers were unable to serve as overnight monitors at the shelter as in years past. Since the height of the COVID pandemic some volunteers have returned to serve at the facility, but most have done this in providing an evening meal, with very few renewing their services as an overnight monitor. Thus, the budget reflects paid staffing for shelter monitors, and a reduced amount for shelter meals.

Expanded Recuperative Care Services – Not currently offered in South County:
5CHC has strong collaborative relationships with Arroyo Grande Community Hospital (a part of Marian Medical Center), and other homeless service providers in the region. It has long been recognized that there are not sufficient recuperative care respite beds available in the region for those experiencing homelessness, and none in South County.

By securing a permanent location for the winter shelter, a new opportunity has presented itself, to expand utilization of the building on a year-around basis. One such opportunity is to fill a need for recuperative care for those experiencing homelessness, but not needing hospitalization. 5CHC has only recently initiated discussions regarding a recuperative care program with CenCal Health and Dignity

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BB&K (2023) -3- ARPA AGREEMENT
Health, and has not yet spoken with the City to initiate this new program, and thus the budget presented does not include this service.

Building Lease:

A building has been identified, and for which 5CHC is now in final negotiations to lease. Several steps are underway to make this facility available for the upcoming winter shelter and future discussions regarding year-around operations. 5Cities Homeless Coalition has drafted a management plan that includes information about staff training, security, methods for screening guest to ensure compatibility with services provided at the facility, as well as information about training, counseling and treatment programs provided at the shelter. The remaining piece to include relates to neighborhood outreach, which we hope to further define once a lease is finalized and a target move-in date is finalized with the owner.
5CHC understands that our request to the City, may be conditional on the City’s acceptance of our operation plan, as defined in the Municipal Code.

Attached is a three-year budget, that aligns with the City’s deadline for expenditure of the ARPA funds by Dec. 31, 2026. One point of note is to highlight that no funds from the City of Grover Beach are currently targeted to this program. 5CHC has current grant agreements in place with the City of Grover Beach for services including support 5CHC’s newly opened non-congregate “Cabins for Change” shelter and additional support to open a second shelter. The City of Grover Beach has heavily supported the winter shelter in prior years, and 5CHC will seek further support in future years.

A draft budget is on succeeding page, estimating cost utilization for 60 nights and 20 days of operation. Due to the variability of weather should it not be necessary to utilize the budgeted funds in one year, 5CHC will spend down those with the restricted spending deadlines and carry the residual forward.

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BB&K (2023) -4- ARPA AGREEMENT
EXHIBIT "A-1"

FEDERAL REQUIREMENTS

1. Recipient acknowledges that the funding for the agreement to which this Exhibit is attached (“Agreement”) is from federal, state, and/or City funds, including but not limited to American Rescue Plan Act State and Local Fiscal Recovery Funds (“ARPA”). Recipient shall comply with the requirements of the funding source, which includes but is not limited to ARPA, as applicable to projects funded under the Revenue Loss category.

2. With respect to any conflict between the funding source requirements, this Exhibit, the terms of the Agreement, or the provisions of state law, or city law or regulation, the more stringent requirement shall control. In the event of an irreconcilable conflict between the requirements of the funding source and the Agreement, the requirement of the funding source shall control and shall amend the Agreement to the extent, and only to the extent, of the irreconcilable conflict.

3. Recipient agrees to accept any additional conditions governing the use of funds or performance of programs as may be required by executive order, federal, state or local statute, ordinance, rule or regulation or by policy adopted or issued by the State or Federal government, or the awarding Federal agency.

4. Recipient shall comply with the assurances and certifications, which are attached hereto and incorporated herein.
(Specific Assurances and Certifications begin on next page.)

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BB&K (2023) -5- ARPA AGREEMENT

SPECIFIC ASSURANCES AND CERTIFICATIONS

1. ASSURANCES
In performing its responsibilities under this Agreement, Recipient assures that it will fully comply with the following provisions as applicable:

1.1 American Rescue Plan Act - Generally

1.1.1 Recipient shall comply with the requirements of
(a) section 602 and 603 of the Social Security Act, regulations adopted by the U.S. Department of Treasury pursuant to sections 602(f) and 603(f) of the Act; (b) Coronavirus State and Local Fiscal Recovery Funds Final Rule, codified at 31 CFR Part 35,
(c) U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions, and
(d) Guidance issued by Treasury regarding the foregoing, all of which are expressly incorporated herein by reference.

1.1.2 Recipient agrees and acknowledges that the Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the City, contractor, or any other party pertaining to any matter resulting from the Agreement.

1.2 Federal regulations applicable to ARPA-funded Agreements Recipient shall comply with the requirements of federal regulations applicable to this Agreement funded through ARPA, including, without limitation, the following:

1.2.1 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury; including without limitation: (i) the requirement that costs be allowable under 2 CFR 200.403, and (iii) comply with the Single Audit Act under Subpart F – Audit Requirements of the Uniform Guidance.

1.2.2 Universal Identifier and System for Award Management (SAM), 2 CFR Part 25, pursuant to which the award term set forth in Appendix A to 2 CFR Part 25 is hereby incorporated by reference.

1.2.3 Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 CFR. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

1.2.4 Governmentwide Requirements for Drug-Free Workplace, 31 CFR Part

20. 1.2.5 New Restrictions on Lobbying, 31 CFR Part 21.

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1.2.6 Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

1.2.7 Generally applicable federal environmental laws and regulations and all other applicable Federal, State, and City laws, executive orders, regulations and policies governing this Agreement.

1.3 Non-Discrimination
Recipient shall comply with the statues and regulations prohibiting discrimination, including but not limited to:

1.3.1 Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.

1.3.2 The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;

1.3.3 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) (24 CFR Parts 8‐9);

1.3.4 Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 CFR Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.

1.3.5 Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

1.3.6 Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English Proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall
(a) Initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities, which may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities under the Agreement.

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(b) Consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities under the Agreement. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (c) Acknowledge and agree that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees and assignees for the period in which such assistance is provided.
(d) Acknowledge and agree that it must require any contractors, subcontractors, successors, transferees, and assignees to comply with the assurances f(ii) and f(iii), above, and agrees to incorporate the following language in every contract or agreement subject to Title VI between Recipient and its subcontractors, successors, transferees, and assignees:

The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.

1.4 Protections for Whistleblowers.

1.4.1 In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

1.4.2 The list of persons and entities referenced in the paragraph above includes the following:
(a) A member of Congress or a representative of a committee of Congress;
(b) An Inspector General;
(c) The Government Accountability Office;
(d) A Treasury employee responsible for contract or grant oversight or management;

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BB&K (2023) -8- ARPA AGREEMENT
(e) An authorized official of the Department of Justice or other law enforcement agency;
(f) A court or grand jury; or
(g) A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct

1.4.3 Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

1.5 Increasing Seat Belt Use in the United States.

Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.

1.6 Reducing Text Messaging While Driving.

Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subconsultants, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

1.7 Conflicts of Interest.

Recipient shall take all necessary affirmative steps to prevent conflicts of interest as required by 2 CFR § 200.318 and the City’s conflict of interest policy, including but not limited to written disclosure to the City of any potential conflict of interest.

1.8 Records and Access.

1.8.1 Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, guidance issued by Treasury regarding the foregoing, and 2 CFR 200.334-.338.

1.8.2 Recipient shall provide the Department of Treasury, Inspectors General, the Comptroller of the United States, City or any of their authorized representatives access to any documents, papers, or other records of the Recipient which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions, and to allow such parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed and access to construction or work sites pertaining to the Services being completed under the Agreement.

1.8.3 Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later, with such date anticipated by Recipient and the City to be December 31, 2026. (Certifications begin on next page.)

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BB&K (2023) -9- ARPA AGREEMENT

2. CERTIFICATIONS

2.1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS.

As required by Executive Orders 12549 and 12689, the undersigned, on behalf of the Recipient, certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Further, the undersigned agrees this is a covered transaction under 2 CFR Part 180 and will, consequently, include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the Agreement is subject to 2 CFR Part 180 and Treasury’s implementing regulation at 31 CFR Part

19. 2.2 FALSE STATEMENTS.

Recipient understands that making false statements or claims in connection with this Agreement is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

2.3 CERTIFICATION OF NON-DELINQUENCY OF FEDERAL DEBT.

The undersigned, on behalf of the Recipient, certifies to the best of his or her knowledge and belief that the Recipient is not delinquent in the repayment of any Federal debt as required by 28 U.S.C.S. § 3201.

2.4 PERIOD OF PERFORMANCE
Notwithstanding any other expiration date provided in the Agreement, the period of performance for the City’s award ends on December 31, 2026. Recipient acknowledges that failure to submit any documentation to the City (including but not limited to invoices, compliance reports, change orders, progress reports, or backup documentation supporting invoices) at least sixty days prior to this date and/or failure to complete any activity required under the Agreement prior to the end of the period of performance may result in loss of federal funds for the project and shall constitute an event of default under the Agreement.

As the duly authorized representative of the Recipient, I hereby certify that the Recipient will comply with the requirements of this Exhibit including the above certifications and has the authority to enter in to this Exhibit to the Agreement. ______________________________________________________
Signature of Authorized Representative Date
_________________________________________
Print Name and Title of Authorized Representative

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BB&K (2023) -10- ARPA AGREEMENT
EXHIBIT “B”

PROGRAM BUDGET
36 Month Faciity Use (Including Seasonal Inclement Shelter Operation - Nov. -March Annually) 2023-24 2024-25 2025-26
Income:

Private Cash Contributions (No Expenditure Deadline) - 2023-24 Secured $115,000 $115,000 $115,000 County of San Luis Obispo - PLHA (Flexible Spending Deadline) - 2023-24 Secured $61,907 $61,907 $61,907 City of Pismo Beach GF $25,000 $25,000 $25,000
City of Grover Beach GF $0 $10,000 $10,000
City of Arroyo Grande ARPA (Expend Deadline 12/31/2026) $34,000 $33,000 $33,000 TOTAL INCOME $235,907 $244,907 $244,907
Expense:

Facility - 12 Month Operational Costs
Rent (12 Mo x $3150) $37,800 $38,934 $40,102
Trash ($100/mo) $1,200 $1,236 $1,273
Internet/Phone ($250/mo) $3,000 $3,090 $3,183
Gas/Electric ($1000/mo) $12,000 $12,360 $12,731
Water ($75/mo) $900 $927 $955
Janitorial ($1,000/mo) $12,000 $12,360 $12,731
Night-Time Warming Center - 60 Nights Per Season
Supervision – Program Manager .05 FTE $4,990 $5,240 $5,501 Warming Center Supervisor .25 FTE (Coordinated Entry/Case Management) $22,062 $23,165 $24,323 Warming Center Monitors (2/shift x 16hrs) $57,600 $60,480 $63,504 Food (20 Guests * $10@ * 60 Nights) $12,000 $12,360 $12,731 Transportation ($1,000 * 6 Mo) $5,000 $6,000 $7,000
Linen Supply (Bedding and Towels Replacement) $2,000 $500 $500 Laundry (Client Bedding) $10,000 $10,300 $10,609
Expanded Day-Time Warming Center Staffing - Severe
Storms Warming Center Monitors (2/shift x 8hrs) - 20 days $9,440 $9,912 $10,408 Equipment/Program Supplies
PPE/Isolation/Program Supplies $12,000 $12,000 $12,000
Equipment: 2 Client Computer Workstations $3,000 $0 $0
Replacement Cots $2,000 $500 $500
Commercial Washer/Dryer & Personal Client Cleaning Supplies $8,000 $2,000 $2,000 $214,992 $211,364 $220,050
Grant Management/Reporting/HMIS $4,500 $4,725 $4,961
Shared Operations Cost, 8% $17,199 $16,909 $17,604

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BB&K (2023) -11- ARPA AGREEMENT
TOTAL EXPENSE $236,691 $232,998 $242,616
Warming Center Operation: Estimate 60 nights per season November 1 ,2023 - March 31, 2024
November 1, 2024 - March 31, 2025
November 1, 2025 - March 31, 2026

City of Arroyo Grande
Winter Shelter Proposal
5Cities Homeless Coalition operates a seasonal winter warming center, which provides emergency shelter, meals, and case management services. 5CHC case managers on site during guest hours to perform initial assessments for clients, to identify case plans for long-term housing stability, and provide for their immediate needs. The primary goal of the warming center is to keep people from falling ill or dying due to seasonal elements. That said, the Coalition’s goals are far broader, in that we endeavor, as with all of our programs, to assist people in transforming their lives and regaining permanent housing (or preventing homelessness in the first place).

This proposal focuses on two key programs:
• Permanent Location and Operation for Inclement Weather Shelter; and • Potential for Expanded Recuperative Care
Winter Warming Center 2023-2024/2025-26 Seasons
– South County’s Only Inclement Weather Shelter:

Historically 5Cities Homeless Coalition has operated a seasonal shelter during inclement weather. This shelter has been limited to operating 4-5 months due to the limited availability of shelter space in the community. 5CHC has operated a winter warming center since 2015, in that time there has been no permanent location for the shelter and it has been required to move 6 times in the past 8 years. The shelter services have been provided in a small 20 x 20 conference room at the Department of Social Services, at two different churches, and three different civic centers. In each location, the shelter has been forced to set-up and break-down on a daily-basis; and has operated under limited conditions, often times having to share space with other programs or events. This past season only one location was finally able to be secured in late November, the South County Regional Center operated by the South County Chamber, which required a rental fee of $2,500 per night of operation (to offset their ability to rent the facility at other days and times). This location was only available due to limited use opportunities during COVID, will not be available in the 2023-24 season, which caused 5CHC and local community leaders to aggressively look for a potentially permanent location.

A new location has been identified, and this proposal will assist 5CHC to enter into a long-term lease for a year-around facility that will both serve as an inclement weather shelter and also enable the Coalition to potentially expand services with a new recuperative care program. Details of the new facility follow.

ATTACHMENT 2

Inclement Weather Shelter: Due to limited availability for seasonal space, 5CHC has been limited to operating the winter shelter for no more than 5 months and has also been required to limit service to night-time only and closing during the day. Even in heavy storms, the shelter has closed at 7:00 a.m. and shelter guests were asked to vacate the property.

This proposal plans for 60 nights of shelter operation (which could be extended should weather or shelter needs change) over the course of the entire winter and does not require 5CHC to vacate the facility by March 30th (as has been the limitation of prior locations). 5CHC also intends to expand its shelter services to remain open during the day if needed, depending on the weather. The current plan, in keeping with prior years, is to activate the winter shelter with predictions of temperatures below 38°F, or with rain forecast at 50% or greater.

An added benefit of a long-term lease for the shelter, is that it will enable 5CHC to admit pets along with their owners. It is anticipated that shelter utilization will increase, once it is known that pets will also be welcome. Due to the shared uses of prior locations with other events or service, 5CHC had to restrict pets and only allow for service animals.

This last season (mid-November 2022-March 31, 2023) the shelter opened on 58 nights, but only remained open on 4 days during extreme flooding. 118 unique individuals (84 Male and 34 Female) took advantage of the shelter during the courses of the winter, with 87 of them reporting being first-time guests not having utilized the shelter in prior years. 35% of the guests were age 50 and older.

Due to the COVID pandemic a majority of our shelter volunteers were unable to serve as overnight monitors at the shelter as in years past. Since the height of the COVID pandemic some volunteers have returned to serve at the facility, but most have done this in providing an evening meal, with very few renewing their services as an overnight monitor. Thus, the budget reflects paid staffing for shelter monitors, and a reduced amount for shelter meals.

Expanded Recuperative Care Services – Not currently offered in South County:
5CHC has strong collaborative relationships with Arroyo Grande Community Hospital (a part of Marian Medical Center), and other homeless service providers in the region. It has long been recognized that there are not sufficient recuperative care respite beds available in the region for those experiencing homelessness, and none in South County.

By securing a permanent location for the winter shelter, a new opportunity has presented itself, to expand utilization of the building on a year-around basis. One such opportunity is to fill a need for recuperative care for those experiencing homelessness, but not needing hospitalization. 5CHC has only recently initiated discussions regarding a recuperative care program with CenCal Health and Dignity Health, and has not yet spoken with the City to initiate this new program, and thus the budget presented does not include this service.

Building Lease:

A building has been identified, and for which 5CHC is now in final negotiations to lease.

Several steps are underway to make this facility available for the upcoming winter shelter and future discussions regarding year-around operations. 5Cities Homeless Coalition has drafted a management plan that includes information about staff training, security, methods for screening guest to ensure compatibility with services provided at the facility, as well as information about training, counseling and treatment programs provided at the shelter. The remaining piece to include relates to neighborhood outreach, which we hope to further define once a lease is finalized and a target move-in date is finalized with the owner.
5CHC understands that our request to the City, may be conditional on the City’s acceptance of our operation plan, as defined in the Municipal Code.

Attached is a three-year budget, that aligns with the City’s deadline for expenditure of the ARPA funds by Dec. 31, 2026. One point of note is to highlight that no funds from the City of Grover Beach are currently targeted to this program. 5CHC has current grant agreements in place with the City of Grover Beach for services including support 5CHC’s newly opened non-congregate “Cabins for Change” shelter and additional support to open a second shelter. The City of Grover Beach has heavily supported the winter shelter in prior years, and 5CHC will seek further support in future years.

A draft budget is on succeeding page, estimating cost utilization for 60 nights and 20 days of operation. Due to the variability of weather should it not be necessary to utilize the budgeted funds in one year, 5CHC will spend down those with the restricted spending deadlines and carry the residual forward.

36 Month Faciity Use (Including Seasonal Inclement Shelter Operation - Nov. -March Annually) 2023-24 2024-25 2025-26
Income:

Private Cash Contributions (No Expenditure Deadline) - 2023-24 Secured $115,000 $115,000 $115,000 County of San Luis Obispo - PLHA (Flexible Spending Deadline) - 2023-24 Secured $61,907 $61,907 $61,907 City of Pismo Beach GF $25,000 $25,000 $25,000
City of Grover Beach GF $0 $10,000 $10,000
City of Arroyo Grande ARPA (Expend Deadline 12/31/2026) $34,000 $33,000 $33,000 TOTAL INCOME $235,907 $244,907 $244,907
Expense:

Facility - 12 Month Operational Costs
Rent (12 Mo x $3150) $37,800 $38,934 $40,102
Trash ($100/mo) $1,200 $1,236 $1,273
Internet/Phone ($250/mo) $3,000 $3,090 $3,183
Gas/Electric ($1000/mo) $12,000 $12,360 $12,731
Water ($75/mo) $900 $927 $955
Janitorial ($1,000/mo) $12,000 $12,360 $12,731
Night-Time Warming Center - 60 Nights Per Season
Supervision – Program Manager .05 FTE $4,990 $5,240 $5,501 Warming Center Supervisor .25 FTE (Coordinated Entry/Case Management) $22,062 $23,165 $24,323 Warming Center Monitors (2/shift x 16hrs) $57,600 $60,480 $63,504 Food (20 Guests * $10@ * 60 Nights) $12,000 $12,360 $12,731 Transportation ($1,000 * 6 Mo) $5,000 $6,000 $7,000
Linen Supply (Bedding and Towels Replacement) $2,000 $500 $500 Laundry (Client Bedding) $10,000 $10,300 $10,609
Expanded Day-Time Warming Center Staffing - Severe Storms Warming Center Monitors (2/shift x 8hrs) - 20 days $9,440 $9,912 $10,408 Equipment/Program Supplies
PPE/Isolation/Program Supplies $12,000 $12,000 $12,000
Equipment: 2 Client Computer Workstations $3,000 $0 $0
Replacement Cots $2,000 $500 $500
Commercial Washer/Dryer & Personal Client Cleaning Supplies $8,000 $2,000 $2,000 $214,992 $211,364 $220,050
Grant Management/Reporting/HMIS $4,500 $4,725 $4,961
Shared Operations Cost, 8% $17,199 $16,909 $17,604
TOTAL EXPENSE $236,691 $232,998 $242,616
Warming Center Operation: Estimate 60 nights per season November 1 ,2023 - March 31, 2024
November 1, 2024 - March 31, 2025
November 1, 2025 - March 31, 2026

1 Item 9.c.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
September 12, 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, Interim Public Works Director Steve
Kahn, Community Development Director
Brian Pedrotti, City Engineer Shannon
Sweeney
This meeting was conducted in a hybrid in-person/virtual format.

CLOSED SESSION MEETING 5:00 P.M.

1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:00 p.m.

2. ROLL CALL
City Clerk Matson took roll call. At the time of roll call, Council Member George was absent.

Council Member George joined the meeting at 5:01 p.m.

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.

2 Item 9.c.

5. CLOSED SESSION
City Attorney Rosen announced that 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 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 5:02 p.m.

6. ADJOURNMENT
City Council adjourned Closed Session at 5:43 p.m.

REGULAR MEETING 6:00 P.M.
_____________________________________________________________________

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

2. ROLL CALL
City Clerk Matson took roll call.

3. MOMENT OF REFLECTION

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

3 Item 9.c.

5. AGENDA REVIEW

5.a Closed Session Announcements
City Attorney Rosen announced that there was no reportable action from the following:

City Council Closed Session Meeting of September 12, 2023 a) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

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

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

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

5.b Ordinances read in title only
None.

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Recognizing September 15 – October15, 2023 as "National Hispanic Heritage Month”
Mayor Ray Russom read the Honorary Proclamation Recognizing September 15-October 15, 2023 as National Hispanic Heritage Month. Erica Ruvalcaba, Latino Outreach Council, accepted the proclamation.

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

No action was taken on this item.

6.b Interim City Manager Communications
Interim City Manager Robeson provided information regarding Board of Supervisors action regarding the support of a contract with FCFA to provide Fire and Emergency Medical Services to Oceano; and regarding the Tally Ho Creek Relief Workshop.

City Engineer Sweeney provided a presentation regarding Village Construction Projects.

4 Item 9.c.

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

No action was taken on this item.

7. CITY COUNCIL REPORTS
None.

Reports are made during the Second Council Meeting each month.

8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public was Stephen Hanamaikai. City Clerk Matson read into the record written comments from Gaea Powell. No further public comments were received.

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

Council made comments regarding Items 9.h., 9.i., and 9.l.

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

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

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

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

9.b Consideration of Statement of Investment Deposits
1) Received and filed the report listing investment deposits of the City of Arroyo Grande as of July 31, 2023, as required by Government Code Section 53646(b); 2) Determined that receiving the report of investment deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)- (3), 15378.)

5 Item 9.c.

9.c Consideration of Memorandum of Understanding with the Arroyo Grande Police Officers’ Association
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE ARROYO GRANDE POLICE OFFICERS’ ASSOCIATION AND REPEALING RESOLUTION NO. 5094"; and 2) Determined that ratifying the AGPOA MOU is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.d Consideration of Memorandum of Understanding with the Service Employees International Union Local 620
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR

EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 AND REPEALING RESOLUTION NO. 5093"; and 2) Determined that ratifying the SEIU MOU 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.e 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
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE ESTABLISHING WAGES AND BENEFITS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEARS 2023-24"; 2) Adopted a Resolution entitled: "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING COMPENSATION ADJUSTMENTS FOR PART-TIME EMPLOYEES"; 3) Approved the updated City combined salary schedule; 4) Approved one budget adjustment request in the amount of $787,725; and 5) Determined that adopting the unrepresented Management employees resolution, unrepresented part-time employees resolution, and updated Citywide combined salary schedules 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.f Consideration of Adoption of a Resolution Ending the Local Emergency Related to the Ongoing Storm Events
Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE TERMINATING THE LOCAL EMERGENCIES WITHIN THE CITY OF

6 Item 9.c.

ARROYO GRANDE (MARCH 2023 AND STORM EVENTS THAT BEGAN DECEMBER 27, 2022)".

9.g Approval of Minutes
Approved the minutes of the Regular City Council Meeting of August 22, 2023, as submitted.

9.h Consideration of a Resolution Approving a Grant Agreement with the Office of Traffic Safety for Traffic/ DUI Enforcement
1) Adopted a Resolution entitled: "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"; and 2) Approved 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.

9.i Consideration of a Resolution Approving a Grant Agreement the Department of Alcohol and Beverage Control for Alcoholic Beverage Sales Education and Enforcement 1) Adopted a Resolution entitled: "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"; and 2) Approved 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.

9.j 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 1) Adopted a Resolution entitled: "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"; and 2) Determined 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.

9.k Consideration of US 101/ Oak Park Blvd. Interchange Right of Way Relinquishment and Acceptance

7 Item 9.c.
1) Adopted a Resolution entitled: "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"; and; 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.

9.l 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 1) Approved 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) Determined 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).

9.m Consideration of an Award of Contract for Construction of the 191 Tally Ho Frontage Improvements Project, PW 2023-09 and Acceptance of Dedication 1) Accepted the Offer of Dedication for an easement for a public right of way of the frontage of 191 Tally Ho Road, 2) Accepted the Offer of Dedication for an easement for a public right of way of the frontage of 195 Tally Ho Road; 3) Awarded a construction contract for Construction of the Tally Ho Frontage Improvements Project to JJ Fisher Construction, Inc.; and 4) Determined the Project to be categorically exempt per Section 15302 Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities where the new structure is located on the same site as the structure replaced and has substantially the same purpose and capacity as the structure replaced as this wall was previously removed.

9.n Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Arroyo Grande
Approved the Fire Prevention Agreement to delegate fire inspection service authority to the City of Arroyo Grande and find that the agreement is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or

8 Item 9.c.
reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.).

10. PUBLIC HEARINGS
None.

11. OLD BUSINESS
None.

12. NEW BUSINESS
None.

13. COUNCIL COMMUNICATIONS
Council Member Secrest mentioned that the Tally Ho residents are appreciative for the frontage project.

Council Member George acknowledged the time and effort it takes staff to prepare the information and reports for the Council meeting Agenda Packet.

Council Member Guthrie requested that the Council consider directing staff to agendize a discussion item to provide feedback regarding SLOCOG's potential funding measure before the Board's October meeting. Mayor Ray Russom concurred.

14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 6:43 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

Item 9.d.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
SUBJECT: Authorize Change Order No. 3 to Quincon, Inc. for Construction of the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation Project, PW 2020-08
DATE: September 26, 2023
SUMMARY OF ACTION:

Award construction contract Change Order No. 3 for the replacement of plants and trees in the mitigation site area that were washed away during the early 2023 storm events and continued monitoring and reporting for the damaged portion of the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation project to Quincon, Inc and approve a Budget Adjustment Request.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The cost proposal from Quincon, Inc. to purchase replacement plant and materials, plant the plants and have Rincon Consultants provide biological inspection and reporting to regulatory agencies on the effort is $51,662 (Attachment 1). Since this change order is directly connected to the early 2023 storm event damages, staff will submit reimbursement requests to Federal Emergency Management Agency (FEMA) and California Governor's Office of Emergency Services (Cal OES) for the cost to replace the plants. Staff have visited the site with FEMA and FEMA has indicated this replacement planting is eligible for funding through federal disaster assistance.

Council is being asked to approve one budget adjustment in the amount of $51,662.

FEMA assistance will be provided at a 75% federal cost share totaling $38,746.50. Cal OES assistance will be provided at a 18.75% state cost share totaling $9,686.62. The City is responsible for the remaining 6.25% totaling $3,228.88. This request is to use Local Sales Tax Fund balance for the City’s $3,228.88 portion.

RECOMMENDATION:
1) Authorize the City Manager to execute Change Order No. 3 with Quincon, Inc. for the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation project, 2) Approve a budget adjustment request in the amount of $51,662; and 3) Make findings that Caltrans, as lead agency, has determined that the project is categorically excluded from the

Item 9.d.

City Council
Authorize Change Order No. 3 to Quincon, Inc. for Construction of the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation Project, PW 2020-08 September 26, 2023

requirements to prepare and Environmental Assessment (EA) or Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA) pursuant to 23 CFR 771.117(d): activity (d)(13) covering bridge rehabilitation that avoids an adverse effect to historic properties under the National Historic Preservation Act.

BACKGROUND:

For many years, the Bridge Street bridge was restricted to a 3-ton maximum load limit due to various structural deficiencies. In July 2010, the City applied for and was approved to receive 100% Federal funding to address the deficiencies. City staff and its consultant team, in conjunction with the project stakeholders’ group and Council direction, developed construction documents for the rehabilitation of the Bridge Street bridge. The project consisted of rehabilitating the existing historic trusses, removing the existing supplemental truss below the deck, and replacing it with a stronger supplemental truss, and replacing the existing abutments and center pier. The rehabilitation of the Bridge Street bridge project was completed in early 2021.

The Bridge Street Bridge Rehabilitation project (Project) resulted in impacts to riparian and wetland habitats in Arroyo Grande Creek. To mitigate impacts a Habitat Mitigation and Monitoring Plan (HMMP) was required to be prepared. The mitigation methods detailed in the HMMP include revegetation of the creek and maintenance and watering of the new plantings. Biological monitoring and reporting of the condition and survival of the revegetation is also required to the U.S. Army Corps of Engineers, California Department of Fish and Wildlife and Regional Water Quality Control Board.

On August 25, 2020, the City Council approved the revegetation plan and specifications for the Habitat Mitigation Implementation, Maintenance, Monitoring, and Reporting for the Project. The revegetation plan and specifications contain provisions for a habitat mitigation and restoration implementation plan, and a five-year maintenance, monitoring and reporting plan.

Because habitat mitigation is typically performed by specialized contractors and over a five-year window, the City coordinated with Caltrans to separate this post-construction phase of the project from the construction phase. This allows the City to close out the construction contract with Granite Construction Company at the completion of the bridge rehabilitation and allows a separate contractor to maintain and monitor the planting it installed.

On September 24, 2020, one bid was received for the Habitat Mitigation Phase of the Project. The bid in the amount of $317,419 was awarded to Quincon, Inc. on October 13, 2020. Rincon Consultants, Inc. is the environmental subconsultant to Quincon and will provide all monitoring and reporting services for the Project. The habitat mitigation site preparation and planting was performed in November 2020 and a final completion report is anticipated in December 2025. Maintenance, monitoring and reporting has been ongoing since the habitat mitigation project started.

Item 9.d.

City Council
Authorize Change Order No. 3 to Quincon, Inc. for Construction of the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation Project, PW 2020-08 September 26, 2023

Budget Adjustment
The current FY 2023-28 Capital Improvement Program Budget was approved by Council on June 27, 2023 as part of the FY 2023-25 Biennial Budget. The Bridge Street Bridge Habitat Mitigation was included and shown in the table below:

To complete the project an additional $51,662 needs to be added to FY 2023-24.

ANALYSIS OF ISSUES:

On January 9, 2023, Arroyo Grande and the entire Central Coast experienced a major winter storm. 5 inches of rain fell in 24 hours. Flood damage occurred on many California rivers and creeks. San Luis Obispo County was declared a federal and state disaster area due to the flooding. 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. The high flow in Arroyo Grande Creek washed much of the planting from the Habitat Mitigation Phase of the Project downstream. The following is an excerpt from the Monitoring Report by Rincon Consultants:
“The HMMP’s success criteria for year 2 states that 100% of the tree plantings should be alive, 90% of the shrub plantings should be alive, and that the willows should contain a relative vegetation cover of 45%. The willows currently contain approximately 20% relative vegetation cover and approximately 30% of the trees and shrubs were lost during the early January flood event. Therefore, to meet this year’s success criteria, and to stay on track to meet the site’s final success criteria, 100% of the estimated trees lost during the flood event should be replanted within the mitigation site and 90% of the estimated shrubs that were lost during the flood event should be replanted. Tree and shrub plantings should be planted within the mitigation sites banks that were not lost from erosion and interspersed in open spaces throughout the remainder of the mitigation site as feasible.

Additionally, it is recommended that additional willow cuttings are planted within the mitigation site to increase this species relative cover.” These plantings will need to be replaced to meet the establishment and success criteria required at the end of the five-year monitoring period.

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 through FEMA and Cal OES. Staff will submit reimbursement requests to FEMA and Cal OES for the cost to replace the plants and have visited the site with them. FEMA and Cal OES have indicated this replacement planting is eligible for funding through federal and state disaster assistance.

Project Number Request Title
Funding
Source FY 2023-24 FY 2024-25 FY 2025-26
5-Year
Total
350-5614
Bridge Street Bridge
Habitat Mitigation 4487 - HBP 48,628 48,628 48,628 145,884

Item 9.d.

City Council
Authorize Change Order No. 3 to Quincon, Inc. for Construction of the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation Project, PW 2020-08 September 26, 2023

The cost proposal from Quincon, Inc. to purchase replacement plant and materials, plant the plants and have Rincon Consultants provide biological inspection and reporting to regulatory agencies on the effort is $51,662 (Attachment 1).

Budget Adjustment
Council is being asked to approve one budget adjustment in the amount of $51,662.

FEMA assistance will be provided at a 75% federal cost share totaling $38,746.50. Cal OES assistance will be provided at an 18.75% state cost share totaling $9,686.62. The City is responsible for the remaining 6.25% totaling $3,228.88. This request is to use Local Sales Tax Fund balance for the City’s $3,228.88 portion. The updated FY 2023-24 Budget reflecting the adjustment is shown in the table below:

ALTERNATIVES:

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

1. Authorize the City Manager to execute Change Order No. 3 with Quincon, Inc. for the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation project and approve the budget adjustment request; or

2. Do not authorize the City Manager to execute Change Order No. 3 and provide the staff direction on replacing the removed mitigation planting; or

3. Provide other direction to staff.

ADVANTAGES:

The Bridge Street Bridge Project has been completed and this Habitat Mitigation Phase planting is the last required mitigation measure to the Project. If the work is not completed and the required success criteria is not reported to regulatory agencies, action to enforce the completion of the mitigation measure will likely be initiated. Enforcement fines for non-compliance with the Habitat Mitigation and Monitoring Plan are also anticipated. The approval of the change order will comply with the mitigation measure and avoid action by regulatory agencies. The work by Quincon, that is authorized by the change order, will be funded by FEMA through federal disaster assistance.

DISADVANTAGES:

There is no disadvantage to approving Change Order No. 3.

Project
Number Request Title Funding Source FY 2023-24
350-5614
Bridge Street Bridge
Habitat Mitigation 4487 - HBP 48,628
44XX - FEMA Reimbursement 38,746
44XX - CalOES Reimbursement 9,687
4950 - Sales Tax 3,229

Item 9.d.

City Council
Authorize Change Order No. 3 to Quincon, Inc. for Construction of the Habitat Mitigation Phase of the Bridge Street Bridge Rehabilitation Project, PW 2020-08 September 26, 2023

ENVIRONMENTAL REVIEW:

No additional environmental review is needed to approve Change Order No. 3.

Caltrans, as lead agency, has determined that the project is categorically excluded from the requirements to prepare and Environmental Assessment (EA) or Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA) pursuant to 23 CFR 771.117(d): activity (d)(13) covering bridge rehabilitation that avoids an adverse effect to historic properties under the National Historic Preservation Act.

The City, as the responsible agency, adopted a Mitigated Negative Declaration (MND) on September 25, 2017 prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq. for the Bridge Street Bridge Rehabilitation project, including the habitat mitigation phase of the project addressed in this proposed action.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Cost Proposal Planting Replacement by Quincon

2. Change Order 003

SUBJECT:

Enclosure:
copies: Jose Quintana
File
Arroyo Grande, CA 93420
CP 21025-1 (3 Pages)
July 20, 2023
Arroyo Grande Bridge Mitigation Project
20019
PCO #21025-1 - PCO-01 REPLANTING
QUINCON JOB NUMBER 22031
Mr. Steve Kahn
City of Arroyo Grande
1375 Ash Street
Dear Mr. Kahn
Please find herein Cost Proposal #21025-1 for costs to Re-plant plants that were destroyed per storm event on January, 9, 2023. This cost proposal does not include any cost associated with extending the 5 year maintenance period.

Total cost for this work is $51,662.00.

This pricing does affect the schedule resulting from this extra work. This will add 7 working days to the schedule.

Please respond by July 28, 2023. If you have any questions or concerns, please call me at 805-574-1660.

Sincerely,
Esteban Quintana
Project Engineer
P.O. Box 1029, Grover Beach, CA 93483 • 200 S 13th St. Suite 216, Grover Beach, CA 93433 • Phone (805) 574-1660 • Fax (805) 481-2440 ATTACHMENT 1

Arroyo Grande Bridge Mitigation Project

COST PROPOSAL / BREAKDOWN
PRICE PROPOSAL : DATE: 07/20/23
CP 21025-1
RFP

DESCRIPTION UNIT RATE EXTENSION TOTALS
QUINCON LABOR HOUR $
FOREMAN 72.0 $ 89.25 $ 6,426.00
CARPENTER $ -
LABORER 296.0 $ 89.25 $ 26,418.00
CEMENT MASON $ 92.59 $ -
DRYWALLER $ -
OPERATOR(8) $ 117.35 $ -
PAINTER $ 71.73 $ -
PLUMBER $ 111.10 $ -
PLASTER $ 91.38 $ -
$ -
$ -
SUB TOTAL $ 32,844.00

QUINCON EQUIPMENT UNIT
$ -
JD 50G MINI EXC./day $ 500.00 $ -
JD 323E SKIDSTEER/day $ 400.00 $ -
JD 245G EXCAVATOR/day $ 900.00 $ -
TM HAULING TRAILER/day $ 150.00 $ -
BIG TEX DUMP TRAILER/day 10.0 $ 150.00 $ 1,500.00
WALK BEHIND C. SAW/day $ 200.00 $ -
CONCRETE DRILL/day $ 200.00 $ -
ROTOR HAMMER 16.0 $ 150.00 $ 2,400.00 Existing terrain is tough need F350 UTILITY TRUCK/day $ 175.00 $ -
F250 UTILITY TRUCK/day 10.0 $ 165.00 $ 1,650.00
F150 TRUCK/day 0.0 $ 125.00 $ -
HEPA VACUUM/day $ 50.00 $ -
SMOOTH DRUM ROLLER $ 350.00 $ -
$ -
SUB TOTAL $ 5,550.00

MATERIALS & RENTALS UNIT
Plants + Freight 1 $ 5,194.03 $ 5,194.03
$ -
$ -
$ -
$ -
$ -
$ -
F.O.G. 30.00% $ - $ -
TAX 8.75% $ 5,194.03 $ 454.48
MAT'L & RENT OH & P % $ 5,648.51 $ -
SUB TOTAL $ 5,648.51
SUB TOTAL QUINCON $ 44,042.51
SUBCONTRACTORS SUB QUOTE #
$ -
Rincon Consulting 1 $ 3,390.00 $ -
$ - $ -
$ - $ -
$ - $ -
OH & P % 15.00% $ - $ -
SUB TOTAL $ -

TOTAL MARKUP
MARK UP/OH PER CONTRACT 15.00% $ 44,042.51 $ 6,606.38
GC's 0% $ 44,042.51 $ -
SUB TOTAL $ 6,606.38
SUB TOTALS FORM ABOVE $ 50,648.88
BOND/INSURANCE COST 2.00% $ 50,648.88 $ 1,012.98
$ 51,662.00
THIS PROPOSAL IS GOOD FOR 8 DAYS.

TEMPLATE DATE: 01/00/00
PCO-01 REPLANTING
NOTES

EQUIPMENT

SUBCONTRACTORS
LABOR
Includes tax

CP TOTAL

FUEL, OIL, GREASE ON RENTALS
EXCLUSIONS: Work in excess of 8 hours per day; overtime; costs for contract extension; schedule analysis.

JOB NO. 21025

QUINCON

MATERIALS & RENTALS

3200 West Telegraph Road
Fillmore CA 93015
United States
(805) 524-3939
www.devilmountainnursery.com
Sales Order
#SO71582
Sales Order Date: 7/20/2023
Customer: 7923 Quincon Inc
Bill To Ship To Address Contact: Esteban Quintana - 805-709-2901 TOTAL Quincon Inc
PO Box 1029
Grover Beach CA 93433
United States
Quincon Inc
1290 Longbranch Avenue
Grover Beach CA 93433
United States
Delivery Contact: Esteban Quintana -
805-709-2901
$5,194.03
Delivery Instructions:

Terms Sales Rep PO # Job Name Shipping Method Ship Date Due on receipt/COD Alex M Ross Arroyo
Grande Bridge
Mitigation
Post Storm
Arroyo Grande
Bridge Mitigation
Post Storm
Devil Mountain Fleet 7/30/2023
Sales Order Memo: *Schedule delivery when plants arrive* Line Item Ready Bins Qty Ord Back Ord Invoiced Rate Amount SO71582
1 of 3
1 ROSCALI1G
Rosa californica 1 gal
2225920
Line Memo: XFER Redondo
43 43 0 $12.99 $558.57
2 BLOLAL2G
Blackberry 'Olallie' 2 gal
2213801
Line Memo: BROKER
51 51 0 $21.99 $1,121.49
3 SAMEXI1G
Sambucus mexicana 1 gal
2227402
Line Memo: XFER Redondo
46 46 0 $7.99 $367.54
4 SYALBU1G
Symphoricarpos albus
laevigatus 1 gal
2228207
Line Memo: XFER Redondo
43 43 0 $7.99 $343.57
5 CLELIGU1G
Clematis ligusticifolia (White) 1
gal
2215736
Line Memo: XFER Redondo
36 36 0 $12.99 $467.64
6 SALLSLP1G
Salix lasiolepis 1 gal
2232031
Line Memo: XFER Redondo
35 35 0 $11.99 $419.65
7 SALLAEV1G
Salix laevigata 1 gal
2232024
Line Memo: XFER Redondo
35 35 0 $11.99 $419.65
8 PLARCMAMulti15G
Platanus racemosa Multi 15
gal
2234106
Line Memo: Please pull best
matching
FI-719(32) 5 0 0 $55.99 $279.95

3200 West Telegraph Road
Fillmore CA 93015
United States
(805) 524-3939
www.devilmountainnursery.com
Sales Order
#SO71582
Sales Order Date: 7/20/2023
Customer: 7923 Quincon Inc
Bill To Ship To Address Contact: Esteban Quintana - 805-709-2901 TOTAL Quincon Inc
PO Box 1029
Grover Beach CA 93433
United States
Quincon Inc
1290 Longbranch Avenue
Grover Beach CA 93433
United States
Delivery Contact: Esteban Quintana -
805-709-2901
$5,194.03
Delivery Instructions:

Terms Sales Rep PO # Job Name Shipping Method Ship Date Due on receipt/COD Alex M Ross Arroyo
Grande Bridge
Mitigation
Post Storm
Arroyo Grande
Bridge Mitigation
Post Storm
Devil Mountain Fleet 7/30/2023
Sales Order Memo: *Schedule delivery when plants arrive* Line Item Ready Bins Qty Ord Back Ord Invoiced Rate Amount SO71582
2 of 3
9 ACERNES15G
Acer negundo 'Sensation' 15
gal
2232338
Line Memo: XFER Clements
1 1 0 $85.99 $85.99
10 POPFREM5G
Populus fremontii 5 gal
2231665
Line Memo: BROKER
2 2 0 $29.99 $59.98
11 FREIGHT
8% of material value per load.

Minimum site delivery fee is
$[ ].

Line Memo: 8% applied for
transfer from Redondo to
Fillmore
1 0 $329.92 $329.92
12 FREIGHT
10% of material value per load.

Minimum site delivery fee is
$[ ].

Line Memo: 10% freight
applied for delivery from
Fillmore to Grover Beach.
1 0 $412.40 $412.40
13 CANCELLATIONS & RETURNS
Plants that are in stock, have been pulled and then cancelled are subject to a restocking fee up to 50%. Brokered plant material purchased from outside vendors to fulfill an order and then cancelled are subject to up to 100% restocking fee. We do not accept returns on plants that have been planted or annual color. 14 DELIVERY - "PLEASE NOTE"
Delivery is curbside and requires customer assistance to unload. Inadequate assistance will result in an additional charge of up to 20% of invoice total.

3200 West Telegraph Road
Fillmore CA 93015
United States
(805) 524-3939
www.devilmountainnursery.com
Sales Order
#SO71582
Sales Order Date: 7/20/2023
Customer: 7923 Quincon Inc
Bill To Ship To Address Contact: Esteban Quintana - 805-709-2901 TOTAL Quincon Inc
PO Box 1029
Grover Beach CA 93433
United States
Quincon Inc
1290 Longbranch Avenue
Grover Beach CA 93433
United States
Delivery Contact: Esteban Quintana -
805-709-2901
$5,194.03
Delivery Instructions:

Terms Sales Rep PO # Job Name Shipping Method Ship Date Due on receipt/COD Alex M Ross Arroyo
Grande Bridge
Mitigation
Post Storm
Arroyo Grande
Bridge Mitigation
Post Storm
Devil Mountain Fleet 7/30/2023
Sales Order Memo: *Schedule delivery when plants arrive* Line Item Ready Bins Qty Ord Back Ord Invoiced Rate Amount SO71582
3 of 3
Subtotal $4,866.35
Tax Total $327.68
Total $5,194.03
Signature:

ATTACHMENT 2
CONTRACT CHANGE ORDER NO. 3
Project: Habitat Mitigation Implementation MMR for Bridge Street Bridge Rehabilitation Project PW 2020-08, Bridge No. 49C-0196, Federal Project No. BHLO-5199 (032) Contractor: Quincon, Inc.

THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS:

DESCRIPTION OF CHANGE:

CHANGE IN CONTRACT PRICE:

Lump Sum
Total Price
JUSTIFICATIONS:

CHANGE TO CONTRACT PRICE
Original Contract Price:

Net Change in Contract Price due to all previous Change Orders:

Net Change In Contract Price due to this Change Order:

New Contract Price including all Change Orders:

CHANGE TO CONTRACT TIME
Notice to Proceed
Original Contract Time (working days):

Original Contract End Date:

Net Change in Contract Time due to all previous Change Orders (days):

Net Change in Contract Time due to this Change Order (days):

New Contract Time (days):

New Contract End Date:

APPROVALS REQUIRED:

RECOMMENDED BY: CONTRACTOR ACCEPTANCE:

Project Manager Date Quincon, Inc. Date
APPROVED BY:

Public Works Director Date City Manager Date
Quincon, Inc. to purchase replacement plant and materials, plant the plants and have Rincon Consultants provide biological inspection and reporting to regulatory agencies on the effort is $51,662.00 $ 51,662.00
$ 3,230.00
$ 51,662.00
Re-plant willow cuttings between rocks in fabric bags that contain soil and create a path through the rocks with a steel rod. $ 317,419.00
0 0
10-Mar-26
$ 51,662.00
$ 372,311.00
18-Feb-21
1825
10-Mar-21
0

Item 9.e.

MEMORANDUM
TO: City Council
FROM: Steve Kahn, Interim Public Works Director
SUBJECT: Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1) Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting Services with Hamner Jewell Associates; and 3) Approve a Program Supplement Agreement DATE: September 26, 2023
SUMMARY OF ACTION:

Proposed actions for the Traffic Way Bridge Replacement Project (“Project”):
1) Adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Project will provide the necessary environmental clearance to proceed with final design and right-of-way and will approve the Project pursuant to the California Environmental Quality Act (CEQA). 2) Approving the City’s standard Professional Services Agreement with Hamner Jewell Associates will provide the Right-of-Way Services to acquire needed temporary construction easements.
3) Approving the Program Supplement Agreement No. F017 for Federal-Aid Project No. 05-5199F15 will allow the City to seek reimbursement from the Local Highway Bridge Program (HBP) for Right-of-Way Services for the Project.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The City’s 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%) totaling $11,407,543 and Local Sales Tax funds for the required match (11.47%) totaling $1,583,960. All three actions are necessary for the Project to move forward in environmental approval, right-of-way acquisition and Project funding. The mitigation measures required in the MND will be funded with the Project Budget. The cost for Hamner Jewell Associates to provide Right-of-Way Services for the Traffic Way Bridge Replacement Project (Project) is $104,970.21. A total of $650,000 is allocated for the Right-of-Way portion of this Project and will fund the services of Hamner Jewell Associates. The Program Supplement will authorize the use of $575,445 (88.53% of the $650,000) of federal funds for the Project. There is an ongoing cost of staff time to manage this Project.

Item 9.e.

City Council
Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1) Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting Services with Hamner Jewell Associates; and 3) Approve a Program Supplement Agreement
September 26, 2023

RECOMMENDATIONS:
1) Adopt a Resolution adopting the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program for the Traffic Way Bridge Replacement Project and instructing the City Clerk to file a Notice of Determination; 2) Approve and authorize the Mayor to execute City’s standard Professional Services Agreement for Consultant Services with Hamner Jewell Associates to provide Right-of-Way Services for the Traffic Way Bridge Replacement Project in substantially final form (subject to minor revisions as approved by the City Manager consistent with Council direction); and 3) Adopt a Resolution authorizing the Mayor to execute the Program Supplement Agreement No. F017 for Federal-Aid Project No. 05-5199F15 for the Traffic Way Bridge Replacement Project.

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, 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 consultant services agreement with Quincy Engineering, Inc. for engineering design and environmental for the Project. The Project design is now 65% complete and Caltrans has approved the NEPA environmental document.

Item 9.e.

City Council
Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1) Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting Services with Hamner Jewell Associates; and 3) Approve a Program Supplement Agreement
September 26, 2023

ANALYSIS OF ISSUES:

Right-of-Way Consultant
Caltrans has authorized the Right-of-Way phase of the Project to begin. For the Right-ofWay, the Project will need up to 12 temporary construction easements over private property for access to the site during the construction of the replacement bridge. On June 20, 2023, the City issued a qualification-based solicitation request for proposals for real property appraisal and acquisition services for the Project. The process is consistent with the City’s purchasing Policy. Staff received three consultant proposals prior to the RFP due date of July 5, 2023.

A three-person selection committee independently reviewed and ranked the proposals based on the evaluation criteria listed in the RFP. The committee then met and unanimously ranked Hamner Jewell Associates as the number one consultant. The reasons for Hamner Jewell Associates’ high ranking are:
 Hamner Jewell Associates Staff, working on this Project, work in their office located in Arroyo Grande;
 They have worked on past projects for the City of Arroyo Grande;  Very experienced staff in real property appraisals and acquisition services;  Extensive experience working with Caltrans on federally funded projects;  Well thought-out scope of work that includes working closely with the property owners during all phases of the process;
 Local knowledge, having worked with the affected property owners before;  Detailed schedule with ideas on how to accelerate that proposed schedule;  Schedule of Services meets within the overall Project schedule; and  Costs for service are reasonable considering the scope of work.

Staff met with Lillian Jewell of Hamner Jewell Associates and negotiated the scope of work and cost for the services that are detailed in the attached proposed Professional Services Agreement (Attachment 2), which includes City’s standard terms.

Program Supplement Agreement
A total of $650,000 is allocated for the Right-of-Way portion of this Project. The City was successful in securing $575,445 (88.53%) of Local HBP funds for Right-ofWay for the Traffic Way Bridge Replacement Project which includes the costs of securing a consultant (detailed in Item 2 above). The City’s portion of cost is 11.47% local match totaling $74,555. Before the City can begin invoicing for reimbursement of the work performed, a supplemental agreement must be executed. A resolution must be adopted by the City Council that clearly identifies the Official authorized to execute the Program Supplemental Agreement No. F017.

Item 9.e.

City Council
Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1) Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting Services with Hamner Jewell Associates; and 3) Approve a Program Supplement Agreement
September 26, 2023

ALTERNATIVES:

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

1. Adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP), approve the Agreement for Consultant Services with Hamner Jewell Associates, and approve the Program Supplement Agreement; or

2. Modify the actions as appropriate and approve;

3. Do not approve any of the three actions; or

4. Provide other directions to staff.

ADVANTAGES:

The Traffic Way Bridge is considered critical infrastructure in the City of Arroyo Grande’s circulation system and needs to be replaced. Providing environmental approval, Right-ofWay Services, and allocating federal funding are all important in the Project and need to be competed to move the Project into construction.

DISADVANTAGES:

No disadvantages are identified with the approval of the Agreement.

ENVIRONMENTAL REVIEW:

The City is the lead agency for purposes of the California Environmental Quality Act (CEQA) as it pertains to this project. With assistance from the City’s consultant, SWCA Environmental Consultants, a Draft Initial Study/Mitigated Negative Declaration (MND) for the Project was prepared for City review and approval. MND means a negative declaration prepared for a project when the initial study (“IS”) has identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.

The Draft IS/MND was made available for public comment from June 20, 2022 through July 20, 2022 to a set list of state and local agencies, designated Native American Tribes under AB 52, on the City’s website, and at City Hall. The Notice of Intent to Adopt a Mitigated Negative Declaration was made available by the following methods to indicate availability of the environmental document during the public comment period: (i) published in the San Luis Obispo Tribune Newspaper, a newspaper of general circulation; (ii) filed with the San Luis Obispo County Clerk; (iii) filed with the State Clearinghouse; (iv) mailed to various interested persons, agencies, and tribes; and (v) posted on the City’s website.

Item 9.e.

City Council
Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1) Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting Services with Hamner Jewell Associates; and 3) Approve a Program Supplement Agreement
September 26, 2023

During the public review period, no written comment letters were received from members of the public or public agencies.

The MND identified potential impacts to twelve (12) issue areas requiring measures to mitigate potential impacts: air quality, biological resources, cultural resources, geology/soils, land use and planning, public services, utilities and service systems, wildfire, hazards and hazardous resources, tribal cultural resources, hydrology and water quality, and noise. The MND includes analyses of each environmental area, potential impacts, and necessary mitigation measures. Based on the MND, it was determined that the bridge replacement project will not have a significant effect on the environment with the implementation of the mitigation measures identified in the MND. These mitigation measures have been included in the Mitigation Monitoring and Reporting Program (MMRP). The MND and MMRP are provided as Exhibit A and Exhibit B, respectively, of the draft Resolution (Attachment 1).

There have been several technical studies and agency concurrences prepared in support of the MND and concurrent NEPA process (as explained further below). These technical studies are included as appendices to the MND.

The Planning Commission held a public hearing on August 2, 2022, concerning the review of the MND. They recommended that additional review and analysis of safety issues related to traffic calming mitigation during construction be evaluated on Traffic Way and Fair Oaks. The Planning Commission approved a Resolution recommending the City Council adopt the Mitigated Negative Declaration for the Project.

Minor changes have been made to the MND, consistent with the Planning Commission’s recommendations. Additional information has also been added to the MND to clarify, amplify, and make insignificant modifications to the MND. These changes/updates are further described in the Final IS/MND. They do not result in alterations to the degree of impact or significance conclusions presented in the Draft IS/MND and therefore do not constitute significant new information. Rather, the changes serve to clarify and strengthen the content of the IS/MND. Therefore, recirculation of the IS/MND is not required under CEQA Guidelines Section 15073.5. The Final IS/MND is attached and is available for review on the City’s website.

The National Environmental Policy Act (NEPA) also applies to this project because federal funds (CalTrans) will be utilized to carry out the project. Caltrans is the NEPA lead agency and is currently processing a Categorical Exemption. Once the environmental clearance is complete, the City may proceed with final plans, specifications, and estimates.

Item 9.e.

City Council
Consideration of Three Action Items for the Traffic Way Bridge Replacement Project 1) Adoption of Mitigated Negative Declaration; 2) Approve a Contract for Consulting Services with Hamner Jewell Associates; and 3) Approve a Program Supplement Agreement
September 26, 2023

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Resolution recommending adoption of the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

2. Proposed Consultant Services Agreement

3. Proposed Resolution approving Program Supplement No. F017

65501.00002\41404558.1
ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE TO ADOPT THE INITIAL

STUDY/MITIGATED NEGATIVE DECLARATION (SCH
#2022060452) AND MITIGATION MONITORING AND

REPORTING PROGRAM FOR THE TRAFFIC WAY BRIDGE

REPLACEMENT PROJECT, AND APPROVE THE PROJECT
WHEREAS, the Traffic Way Bridge was built in 1932; and
WHEREAS, in 2016 an inspection revealed signs of deck cracking, failed expansion joints, spalling concrete, concrete abrasion, and creek channel erosion; and WHEREAS, in 2018 the Bridge was determined to be high risk and identified as a replacement project; and
WHEREAS, on July 24, 2018, City Council approved an updated Master Service Agreement and Program Supplement Agreement for the replacement of the Traffic Way Bridge; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, §210000 et seq.) and the State CEQA Guidelines (California Code of Regulations, title 14, §150000 et seq.) (collectively, “CEQA”), an Initial Study was prepared in June 2022 to evaluate potential impacts to the environment consistent with the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, §21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, title 14, §15000 et seq.) (collectively, “CEQA”), an Initial Study analyzing all potential impacts of the Project was prepared for the City’s consideration as the lead agency under State CEQA Guidelines section 15063; and
WHEREAS, on the basis of the Initial Study, which indicated that all potential environmental impacts from the Project would be less than significant with the incorporation of the mitigation measures in the Mitigation Monitoring and Reporting Program (“MMRP”), City staff determined that a Mitigated Negative Declaration (“MND”) should be prepared; and
WHEREAS, the Draft Initial Study/MND (SCH #2022060452) was prepared in accordance with CEQA and circulated for public review and comment between June 20, 2022 and July 20, 2022 by: (1) filing a Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) with the State Clearinghouse; (2) filing a NOI with the San Luis Obispo County Clerk; (3) placing a NOI in the San Luis Obispo Tribune, a newspaper of general

RESOLUTION NO.

PAGE 2
circulation; (4) mailing a NOI to various interested persons, agencies, and tribes; and (5) posting a NOI on the City’s website; and
WHEREAS, copies of the Draft Initial Study/MND were available during the public review period at City Hall, and on the City’s website; and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA Guidelines section 15074(d), the MMRP has been prepared and includes mitigation measures for air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, public services, tribal cultural resources, utilities and service systems, and wildfire, and
WHEREAS, the public review period closed on July 20, 2022 and no comments were received; and
WHEREAS, the Planning Commission of the City of Arroyo Grande, after giving notices thereof as required by law, held a public hearing on August 2, 2022 concerning the review of the environmental document and carefully considered all pertinent testimony and the staff report offered in the case as presented adopted a Resolution recommending the City Council adopt the Mitigated Negative Declaration for the Project; and WHEREAS, at the Planning Commission’s recommendation, the Draft Initial Study/MND was revised to include additional review and analysis of safety issues related to traffic calming mitigation during construction be evaluated on Traffic Way and Fair Oaks, and other information was added to clarify, amplify, and make insignificant modifications to the MND; and
WHEREAS, the City Council, after giving notices thereof as required by law, held a public hearing on September 26, 2023 concerning the review of the environmental document and carefully considered all pertinent testimony and the staff report offered in the case as presented; and
WHEREAS, the Final Initial Study/MND consists of the Initial Study/MND, with redlines containing minor revisions to the Initial Study/MND, and is attached hereto as Exhibit “A”; and
WHEREAS, the Final Initial Study/MND reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments or additional information submitted to the City Council, and no other circumstances have produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review of the Project under State CEQA Guidelines section 15073.5.

RESOLUTION NO.

PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows:

1. The matters set forth in the recitals to the Resolution are true and correct statements and are incorporated herein as substantive findings of this Resolution.

2. The City Council has reviewed and considered the information contained in the Final Initial Study/MND, and administrative record, including all oral and written comments received during the comment period, which is on file with the City and available for review. Based on the City Council’s independent review and analysis, the City Council finds that the Final Initial Study/MND has been completed in compliance with CEQA.

3. Based on the Final Initial Study/MND and the administrative record, the City Council finds that the Final Initial Study/MND contains a complete and accurate reporting of the environmental impacts associated with the Project. The City Council further finds on the basis of the whole record before it that there is no substantial evidence supporting a fair argument that the Project will have a significant effect on the environment and that the Final Initial Study/MND reflects the City’s independent judgement and analysis. The City Council further determines that the MND has not been substantially revised after public notice of its availability, nor have there been new significant environmental effects identified in the Final Initial Study/MND and thus recirculation is not required under State CEQA Guidelines, section 15073.5.

4. Pursuant to Public Resources Code section 21080, subdivision (c)(2), the City Council approves and adopts the Final Initial Study/MND prepared for the Project.

5. Pursuant to Public Resources Code section 21081.6, the City Council approves and adopts the MMRP, which was prepared for the Project and made a condition of Project approval and is attached hereto as Exhibit “B”.

6. The City Council approves the Project as described in the Final Initial Study/MND.

7. The documents or other materials which constitute the record of proceedings upon which this decision is based are located at the City’s office at 300 East Branch Street, Arroyo Grande, California. The custodian of these documents or other material is the City Clerk for the City of Arroyo Grande.

8. The City Council directs staff to file a Notice of Determination with the County of San Luis Obispoand the State Clearinghouse within five (5) working days of approval of the Project.

RESOLUTION NO.

PAGE 4
On motion by Council Member ________, seconded by Council Member _______, and by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was adopted on this 26th day of September 2023.

RESOLUTION NO.

PAGE 5
________________________________

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

65501.00014\41661648.1
Final Initial Study/Mitigated Negative
Declaration for the Traffic Way over
Arroyo Grande Creek Bridge
Replacement Project, Arroyo Grande,
San Luis Obispo County, California
SEPTEMBER 2023JUNE 2022

PREPARED FOR
City of Arroyo Grande

PREPARED BY
SWCA Environmental Consultants

EXHIBIT A

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FINAL INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

FOR THE

TRAFFIC WAY OVER ARROYO GRANDE CREEK

BRIDGE REPLACEMENT PROJECT,

ARROYO GRANDE, SAN LUIS OBISPO COUNTY,

CALIFORNIA
Prepared for
California Department of Transportation
District 5
50 Higuera Street
San Luis Obispo, CA 93401
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Prepared by
Annika Kiemm, B.S., Environmental Planner
SWCA Environmental Consultants
1422 Monterey Street, Suite C200
San Luis Obispo, CA 93401
(805) 543-7095
www.swca.com
SWCA Project No. 53479
September 2023June 2022

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CONTENTS
1 Introduction .......................................................................................................................................... 1

1.1 Project Location ........................................................................................................................ 1

1.2 Environmental Setting............................................................................................................... 4

1.3 Project Description.................................................................................................................... 4

1.3.1 Roadway Alignment ........................................................................................................... 4

1.3.2 Design Criteria and Construction Data ............................................................................... 6

1.4 Required Discretionary Approvals............................................................................................ 9 2 Environmental Checklist and Environmental Evaluation.............................................................. 10 I. Aesthetics................................................................................................................................ 11 II. Agriculture and Forestry Resources........................................................................................ 14 III. Air Quality............................................................................................................................... 17 IV. Biological Resources............................................................................................................... 24 V. Cultural Resources .................................................................................................................. 42 VI. Energy ..................................................................................................................................... 46 VII. Geology and Soils ................................................................................................................... 47 VIII. Greenhouse Gas Emissions..................................................................................................... 52 IX. Hazards and Hazardous Materials........................................................................................... 56 X. Hydrology and Water Quality ................................................................................................. 60 XI. Land Use and Planning............................................................................................................ 65 XII. Mineral Resources................................................................................................................... 67 XIII. Noise........................................................................................................................................ 69 XIV. Population and Housing .......................................................................................................... 73 XV. Public Services........................................................................................................................ 74 XVI. Recreation................................................................................................................................ 77 XVII. Transportation ......................................................................................................................... 78 XVIII. Tribal Cultural Resources........................................................................................................ 82 XIX. Utilities and Service Systems.................................................................................................. 85 XX. Wildfire ................................................................................................................................... 87 XXI. Mandatory Findings of Significance ....................................................................................... 90 3 References........................................................................................................................................... 92 Appendices
Appendix A. California Emissions Estimator Model (Version 2020.4.0) Annual and Winter Results

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Figures
Figure 1. Project vicinity map....................................................................................................................... 2 Figure 2. Project location map. ..................................................................................................................... 3 Figure 3. Habitat map. ................................................................................................................................ 26 Figure 4. City of Arroyo Grande 2005 GHG emissions inventory by sector.............................................. 54 Tables
Table 1. Summary of Ambient Air Quality Standards and Attainment Designations................................ 18 Table 2. SLOAPCD Thresholds of Significance for Construction Operations........................................... 20 Table 3. Estimated Construction Emissions ............................................................................................... 21 Table 4. Plant Community/Habitat Present within the Project Area .......................................................... 27 Table 5. Invasive Species Observed in the Project Area ............................................................................ 28 Table 6. Jurisdictional Areas Present within the BSA................................................................................ 29 Table 7. Estimate of Impacts to Jurisdictional Areas.................................................................................. 32 Table 8. Previously Conducted Cultural Resource Studies within the Project Area .................................. 44 Table 9. General Plan Land Use Compatibility Guidelines Near Transportation Noise Sources............... 69 Table 10. Representative Vibration Source Levels for Construction Equipment....................................... 72

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
1 1 INTRODUCTION
The City of Arroyo Grande (City) proposes to replace the existing Arroyo Grande Creek Bridge 49C-0380 at Traffic Way (Traffic Way bridge). Traffic Way follows a north–south corridor approximately 0.1 mile east of U.S. Highway (US) 101 in the city of Arroyo Grande, San Luis Obispo County, California. Traffic Way bridge provides vehicular access over Arroyo Grande Creek, which runs through the city of Arroyo Grande parallel to State Route (SR) 227. The surrounding land is generally level and is primarily comprised of an urbanized business district. The existing bridge is hydraulically inadequate as it is subject to creek bed degradation and prone to scour issues. The existing piers and abutments have experienced scour issues for the past several years, making this bridge “scour critical” and in need of replacement. The changes in the creek have exposed the embedment of the supporting piles and the risk level for further damage to the bridge is high.

The project goals include the following:

1. Replace the scour critical bridge.

2. Accommodate a consistent 35 miles per hour (mph) posted speed corridor on Traffic Way following completion of bridge replacement. All other streets to remain at the current posted speed limit or prima facie speed of 25 mph.

3. Minimize impacts to nearby businesses and local residents during construction.

4. Stay within the existing City right-of-way (ROW).

The purpose of the project is to replace the scour critical bridge, improve public safety, stabilize Arroyo Grande Creek, and reduce future maintenance costs. If the bridge is not replaced, the condition will continue to deteriorate and eventually bridge closure will be required.

New information has been added since the Draft Initial Study/Mitigated Negative Declaration (IS/MND) was circulated for public review. These minor revisions are reflected in this Final IS/MND using strikeout and underline format. Based on the analysis included in this Final IS/MND, it has been determined that the new information merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. None of the proposed changes would result in new significant effects or mitigation measures not previously addressed in the Draft IS/MND. Therefore, pursuant to CEQA Guidelines Section 15073.5, recirculation of the IS/MND is not required.

1.1 Project Location
The project site is in the city of Arroyo Grande, San Luis Obispo County, California (Figure 1). The project site encompasses the existing Traffic Way bridge, which is located in the central portion of the city of Arroyo Grande, approximately 0.1 mile (580 feet) east of US 101 and 0.05 mile (250 feet) south of SR 227. Temporary construction access would require the use of existing unnamed, unpaved agricultural access roads located to the west of US 101, crossing under the existing US 101 bridge, and continuing east of US 101 through an open field that is part of an urban development associated with the Village Creek Plaza. The open field would be used for construction equipment storage and construction access to the project site (Figure 2). Traffic Way is oriented southeast to northwest at the project site and is one of only a few ways to cross Arroyo Grande Creek that runs east to west and divides the city.

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
2 Figure 1. Project vicinity map.

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
3 Figure 2. Project location map.

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
4 1.2 Environmental Setting
The project site is in the city of Arroyo Grande (see Figure 1), and encompasses the existing Traffic Way bridge, which is located in the central portion of the city of Arroyo Grande, approximately 0.1 mile (580 feet) east of US 101 and 0.05 mile (250 feet) south of SR 227. The primary land use immediately adjacent to the project site is mixed commercial. There is land currently zoned and developed for agricultural use located approximately 0.15 mile west, beyond US 101.

The project site is within the Arroyo Grande Creek watershed, which is a coastal basin located in southern San Luis Obispo County. The watershed is dominated by agricultural land uses, including vineyards, ranches, and row crops. Arroyo Grande Creek watershed has an average rainfall of 15 to 28 inches per year (SLO Watershed Project 2020).

The project area supports arroyo willow thicket, ruderal, agricultural, developed/disturbed, and ornamental habitats (SWCA Environmental Consultants [SWCA] 2021e).

1.3 Project Description
The portion of Traffic Way north of the Traffic Way bridge is three lanes with shoulders and sidewalks and quickly transitions into an intersection with West Branch Street. To the south, the roadway is wider to account for a right-turn pocket onto Station Way, and parking is allowed on the north side of the roadway.

Traffic Way is classified as an on-system arterial road by California Department of Transportation (Caltrans) California Road System (CRS) Map 8S45 (Caltrans 2021a) and the City of Arroyo Grande 2001 General Plan (City of Arroyo Grande 2001a). Traffic volumes through the site are approximately 9,600 vehicles per day per the 2020 Bridge Inspection Report (Caltrans 2020). Traffic Way has a posted speed limit of 35 mph in both directions.

The original bridge was constructed in 1932 and consists of six spans of 38 feet each, for a total bridge length of 228 feet. The bridge was originally part of the highway system and was relinquished to the City in 1960. The bridge is a cast-in-place reinforced concrete tee-beam with a longitudinal construction joint near the bridge centerline. The bridge measures 40 feet between curbs and has 6-foot sidewalks on both sides with an open concrete railing that is mounted to the edge of the bridge. The bridge originally carried four lanes of traffic but was reconfigured around 2008 to have three lanes of through traffic with shoulders for a Class II bike route. The Caltrans historic bridge inventory lists the bridge as a Category 5 (ineligible for historic bridge consideration) bridge.

Construction is currently anticipated to be completed within 9 months (between May 1, 2024, and January 31, 2025). In order to limit the construction period duration, costs, and minimize environmental and ROW impacts, a full closure of Traffic Way bridge from Branch Street to Station Way for the majority of the duration of the project construction period would be implemented. Traffic analysis showed this approach would be feasible if Bridge Street was temporarily converted to a one-way road, with traffic directed northwest towards East Branch Street. A temporary detour summary has been prepared to outline the flow of re-routed vehicle, pedestrian, and bicycle traffic flow through the downtown Arroyo Grande area during the closure of Traffic Way (see Section 1.3.2 for further details).

1.3.1 Roadway Alignment
Traffic Way is classified as a minor arterial per Caltrans classifications and as an arterial roadway per the City of Arroyo Grande 2001 General Plan and has an anticipated future average daily trip rate of 12,550 vehicles a day. Until 2008, the bridge carried four lanes of traffic (two in each direction). Striping modifications have changed the number of lanes across the bridge to three and added shoulders for bike

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5 traffic. The bridge centerline is on a radius of 1,800 feet and the intersection of West Branch Street is on a slight skew that is signalized. Lane additions, lane drops, turn lanes, medians, parking, and bike and pedestrian circulation have resulted in unsymmetrical geometry across the bridge.

HORIZONTAL ALIGNMENT
Due to the limited ROW and extensive development adjacent to the ROW at all four bridge quadrants, replacing the bridge on the existing alignment is highly desirable. This option would also reduce environmental impacts. The exact alignment would be controlled by the staging of this project and if the road or single lanes can be closed to traffic.

VERTICAL ALIGNMENT
The proposed vertical alignment would be dependent on the hydraulic requirements of the creek and which bridge alternative is selected. It would be desirable to match the existing profile as closely as possible to reduce the project footprint of the bridge replacement. Based on the preliminary hydraulic water surface and existing or proposed structure depth, it may only be necessary to raise the roadway profile slightly for roadway drainage purposes, but this would be confirmed after the hydraulic analysis has been completed.

STAGED BRIDGE CONSTRUCTION OR ROADWAY DETOUR
Construction of a new bridge at Arroyo Grande Creek would have impacts to the traveling public and some impacts to nearby businesses. It is always the primary design goal to minimize traffic, environmental, and ROW impacts while providing flexibility to the contractor.

In 2019 the comparative impact of a full closure and a partial closure of Traffic Way during construction was evaluated. A full closure was recommended after consideration of several factors, such as project schedule, ROW, environmental impacts, construction costs, and traffic impacts. On July 28, 2020, the City Council unanimously voted for the full closure of Traffic Way. Closing the road to traffic would have several benefits as it would reduce construction duration, reduce environmental and ROW impacts, and be the most cost-efficient approach. The biggest drawback would be the increased temporary traffic, which would navigate a detour route through the downtown village of Arroyo Grande. Traffic analysis showed this was a feasible solution if Bridge Street would be temporarily converted to a one-way road.

BRIDGE CONSIDERATIONS
Alternative bridge length and span configurations were considered based on topographic surveys, hydraulics, and cost. It would be necessary to lay out the new bridge such that the new foundations do not conflict with the existing bridge foundations. The existing bridge piles would be cut off below grade and remain in place. This assumption would need to be hydraulically verified since it would be undesirable for the existing abandoned piles to become visible and result in future maintenance. The number of spans considered was influenced by the roadway profile relative to the hydraulic water surface.

PROPOSED BRIDGE TYPE
Given the necessary bridge span lengths, a post-tensioned concrete box girder bridge type was selected as the proposed design. A review of the existing bridge maintenance reports indicates a long history of debris removal from the upstream side of bridge piers and scour. A new structure with either longer spans or a reduction in intermediate foundations and wider hydraulic opening would reduce future maintenance issues.

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
6 The most ideal span configuration at this location would depend on the water surface elevation. Caltrans criteria for the hydraulic design of bridges state that bridges must be designed to pass the 2% probability of annual exceedance flow (50-year design discharge) with freeboard to pass anticipated drift, or the flood of record (usually the 100-year design discharge) with no freeboard, whichever is greater. Typically, the 50-year discharge with freeboard (2 feet is often assumed) controls the design.

Several alternative bridge designs were considered, as described in the Draft Type Selection Report, Arroyo Grande Creek Bridge at Traffic Way Bridge Replacement Project (Quincy Engineering 2021).

The final bridge design alternatives included a single-span bridge and a three-span bridge. The singlespan cast-in-place/pre-stressed box girder design was selected as the final proposed bridge project and approved by Caltrans (personal communication, Quincy Engineering 2021) and is assessed in this document as the proposed project.

The proposed single-span bridge design includes a long and deep clear-span box girder, though the overall bridge would be shorter than the existing bridge. Eliminating all supports would greatly minimize environmental and hydraulic impacts. The deeper structure would result in large foundation loads at the abutments. Due to scour and seismic deficiencies, full replacement of the existing bridge foundations and complete bridge removal is required.

FOUNDATIONS
Due to the extensive history of scour on-site, the new bridge design includes cast-in-drilled-hole (CIDH) piles under the bridge abutments. Installation of the CIDH piles would require contractor equipment access within the creek channel. The number, type, and size of piles required at the abutments would be determined during the design process. Ungrouted rock slope protection (RSP) would be placed around the abutments along the banks to prevent further erosion. RSP would be placed immediately below the bridge abutments and extend beyond the edges of the bridge rails on the north and south banks.

BRIDGE WIDTH AND CROSS SECTION
The new bridge would consist of three lanes with 5-foot-wide shoulders and 6-foot-wide sidewalks.

Traffic Way is classified as an Urban Arterial and, per the American Association of State Highway and Transportation Officials (AASHTO), lane widths can vary from 10 to 12 feet depending on the surrounding conditions. The City is proposing three 11-foot lanes to match the existing stripes and geometry of the approach roadway. To accommodate a Class II bike route, 5-foot-minimum shoulders are proposed next to the vertical curb faces. Current Caltrans Standards suggest 6-foot sidewalks on all structures. To accommodate the geometry and provide standard bridge railings, the overall bridge width is anticipated to measure 59 feet 4 inches. The existing bridge is 52 feet wide; therefore, the overall increase in width would be 7 feet to meet modern standards.

1.3.2 Design Criteria and Construction Data

UTILITIES
Below the bridge, there is one 12-kilovolt (kV) Pacific Gas and Electric Company (PG&E) electrical line wrapped in a 6-inch steel casing that is roughly 4 feet from the south edge of deck. There are also three 4-inch conduits hanging together under the bridge that are assumed to be AT&T telephone lines based on AT&T mapping and coordination with local personnel. The City owns and operates an 8-inch polyvinyl chloride (PVC) waterline that sits in a 12-inch steel casing and crosses Arroyo Grande Creek at the south edge of the deck. Based on coordination with City personnel, the waterline is planned to be turned off during construction with shutoff valves on each side of the bridge. During construction of the new bridge, all existing utilities on the bridge would have to be relocated.

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
7 The City has an 18-inch reinforced concrete pipe (RCP) storm drain system on the west side of the bridge that drains directly into the creek after collecting stormwater from two inlets just past the end of the bridge. The inlet on the north side of Traffic Way would be modified and may need to be replaced, which may cause small adjustments to the RCP in that location. The outlet of the RCP on the south side of the bridge would also be impacted due to grading and RSP improvements. A larger storm drainage system east of the bridge collects stormwater from the east and drains through a 54-inch RCP that runs down Traffic Way and outlets into Arroyo Grande Creek between the bridge and the Village Creek Plaza. The outlet is lined with a concrete apron that runs down to the low-flow water elevation. The 54-inch RCP outlet would be adjusted to fit the proposed design and construction needs. The project would maintain current drainage patterns with some impacts to the existing systems within the project limits.

GEOTECHNICAL/FOUNDATIONS
Yeh and Associates performed geotechnical test borings at the site from October 12 to October 15, 2020, and from November 2 to November 5, 2020. The exploration consisted of four borings to depths ranging from approximately 89.5 to 121.5 feet below the ground or existing bridge deck surface. Shallower infiltration tests and streambed samples would be taken at a later date when the roadway drainage plan is better understood. The bridge would be supported by CIDH concrete piles embedded into the underlying Pismo Formation sandstone bedrock, or older alluvium, and decomposed Pismo Formation. The draft foundation report is located in Appendix E of the Type Selection Report (Quincy Engineering 2021). The CIDH pile foundations would involve drilling holes with an auger, possibly using slurry, followed by placement of reinforcing cages and casting of pile concrete. CIDH piles offer an advantage over driven piles in that the drilling process produces less noise and vibration, which could minimize construction impacts to nearby businesses and local fish species. Temporary casings may be required to control caving.

ARROYO GRANDE CREEK PERMANENT IMPACTS
Bridge replacement would require creek slope excavation, backfill, and RSP to protect the abutments and roadway approach. The single-span bridge would clear span the creek and would not require intermediate channel supports. The removal, or cutting below grade, of the existing pier supports in the creek would improve the current conditions in Arroyo Grande Creek at the Traffic Way bridge. The proposed bridge configuration would require new foundations, which would be drilled pile foundations and would consist of CIDH piles. Driven piles are being avoided to minimize adverse effects to aquatic species and the nearby historic building.

ARROYO GRANDE CREEK TEMPORARY IMPACTS
The proposed project includes minor modification/alteration to the creek, as a temporary access road would be placed in the creek to allow for contractor access. This access road is necessary to facilitate removal of the existing bridge and placement of the temporary bridge supports (falsework) for construction of the replacement bridge, as well as access for drilling the CIDH foundations. Vegetation below and adjacent to the bridge would be cleared. Cofferdams, stream diversion, and dewatering may also be required to provide a dry work area during construction. Following construction, the temporary fill for the access road and diversion would be removed and the creek would be restored to preconstruction topographic contours.

Construction would require removal of the existing bridge superstructure and foundations. The existing bridge concrete deck would be broken up into smaller pieces by excavators mounted with a concrete breaker “hoe-ram” attachment. The concrete debris would fall to a cleared channel work pad below the bridge for later removal offsite. After the deck is removed, cranes would remove sections of the concrete girders. The existing concrete abutments and piers would then be broken down for removal from the site.

The existing bridge piles would be removed 3 to 5 feet below the existing ground line.

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Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
8 TEMPORARY CLOSURE DETOUR AND ASSOCIATED TEMPORARY IMPACTS The proposed project would result in the temporary full closure of Traffic Way from East Branch Street to Station Way for the majority of the 9-month construction period. A temporary detour plan would be developed in order to facilitate vehicle, bicycle, and pedestrian flow through the area while Traffic Way is closed.

To accommodate vehicle flow, Bridge Street would be restriped from a two-lane, two-direction roadway to two northbound lanes between Traffic Way and West Branch Street. A temporary signal would be required at the intersection of Bridge Street and West Branch Street to accommodate the traffic flow from northbound Bridge Street to West Branch Street. Temporary striping along East/West Branch, Mason, and Bridge Streets would allow traffic to navigate the detour more efficiently.

Additionally, the project boundary has been increased slightly at the Fair Oaks/US101 southbound offramp intersection to accommodate the installation of a temporary signal system for the off-ramp. Work at this location would be limited to paved surfaces or sidewalk areas and may also include some additional temporary striping on the paved surfaces. The area for field contractor access west of the intersection has also been increased slightly to ensure adequate access for trucks and vehicles (see Figure 2).

The project boundary has also been slightly increased along Traffic Way and Bridge Street south of Nelson Street (see Figure 2) to accommodate temporary striping within paved roadways and/or temporary barriers for traffic control. All work would be contained within existing paved surfaces or sidewalk areas.

The proposed temporary roadway detour would require the temporary loss of 17 existing on-street parking spaces. Thirteen of those on-street parking spaces and one on-street loading zone are located on the north side of West Branch Street between Bridge Street and Traffic Way. The temporary loss of onstreet parking spaces is necessary to accommodate restriping of Branch Street for two westbound lanes.

Vehicles traveling along the established detour route along Bridge Street, Nelson Street, and East Branch Street would be limited to current posted speed limits or prima facie speed of 25 mph. Closure of Traffic Way would also result in a temporary closure of a Class II bike lane and pedestrian facilities that allow for connectivity into the Village Core along Traffic Way. Detour routes would be made available for both of these facilities.

When Traffic Way is temporarily closed for construction of the bridge, bicycle traffic would be required to utilize a signed detour route towards Bridge Street, which is an existing Class III shared bicycle/vehicle lane, and would allow users continued access to their desired destination. Bicycle traffic through the Village of Arroyo Grande would be maintained throughout construction. Following construction activities, Traffic Way would be returned to a Class II bike lane and upgraded to current standards.

A pedestrian stairway adjacent to the existing bridge, and the pedestrian walkway on Traffic Way and across the existing bridge, provide pedestrian access from Branch Street to Village Creek Plaza. The pedestrian stairway and pedestrian access on the existing bridge would be temporarily closed during construction. However, pedestrian access to Village Creek Plaza from Branch Street would be maintained via the proposed temporary roadway detour using Traffic Way south of the construction area, the existing pedestrian crosswalk on Traffic Way at Station Way, Nelson Street, and Bridge Street to Branch Street.

Following construction, the pedestrian stairway and pedestrian access on the bridge and Traffic Way would be fully restored and upgraded to current standards.

The temporary restriping and removal of street parking spaces along East Branch Street and Bridge Street would result in the removal of a barrier between moving vehicles and pedestrians. However, there is adequate space within the adjacent sidewalk to safely accommodate pedestrians and current speed limits would limit vehicle speeds in these areas to 25 mph. In addition, additional traffic controls would be

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9 implemented to maximize clarity and safety of the detour plan. These traffic controls would include highvisibility signage, including use of retroreflective and/or fluorescent materials, traffic cones and/or fencing, temporary stop controls, etc. and would be designed and implemented in accordance with the U.S. Department of Transportation Federal Highway Administration (FHA) Manual on Uniform Traffic Control Devices (MUTCD).

CONSTRUCTION EQUIPMENT
Equipment anticipated to be used for the project includes excavators, dozers, cranes, dump trucks, concrete trucks, concrete pumps, and pile-drilling equipment. Removal of the existing bridge would require excavators, hoe rams, cranes, and dump trucks. Construction is currently anticipated to be completed within 9 months (between May 1, 2022, and January 31, 2023).

1.4 Required Discretionary Approvals
The following discretionary approvals are anticipated to be required for the project:
• Section 401 Water Quality Certification from the Central Coast Regional Water Quality Control Board (RWQCB);
• Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW);
• Section 404 Nationwide Permit from the U.S. Army Corps of Engineers (USACE); • Formal Section 7 consultation with the U.S. Fish and Wildlife Service (USFWS) and/or the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NOAA Fisheries); and
• San Luis Obispo County Air Pollution Control District (SLOAPCD) construction permit.

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10 2 ENVIRONMENTAL CHECKLIST AND ENVIRONMENTAL

EVALUATION

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The proposed project could have a "Potentially Significant Impact" for environmental factors checked below. Please refer to the attached pages for discussion on mitigation measures or project revisions to either reduce these impacts to less than significant levels or require further study. ☐ Aesthetics ☐ Greenhouse Gas Emissions ☒ Public Services ☐ Agriculture and Forestry
Resources ☒ Hazards and Hazardous Materials
☐ Recreation
☒ Air Quality ☒ Hydrology and Water Quality ☐ Transportation ☒ Biological Resources ☒ Land Use and Planning ☒ Tribal Cultural Resources ☒ Cultural Resources ☐ Mineral Resources ☒ Utilities and Service Systems ☐ Energy ☒ Noise ☒ Wildfire
☒ Geology and Soils ☐ Population and Housing ☒ Mandatory Findings of Significance

ENVIRONMENTAL DETERMINATION
On the basis of this initial evaluation:
☐ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
☒ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
☐ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
☐ I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measure based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
☐ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Date: Signed:

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11 I. Aesthetics
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Except as provided in Public Resources Code Section 21099, would the project:
(a) Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
☐ ☐ ☒ ☐
(c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (public views are those
that are experienced from publicly accessible vantage
point). If the project is in an urbanized area, would the project conflict with applicable zoning and other
regulations governing scenic quality?
☐ ☐ ☒ ☐
(d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
☐ ☐ ☒ ☐
Setting
The California Environmental Quality Act (CEQA) establishes that it is the policy of the state to take all action necessary to provide people of the state “with… enjoyment of aesthetic, natural, scenic and historic environmental qualities” (California Public Resources Code [PRC] Section 21001[b]). A scenic vista is generally defined as a high-quality view displaying good aesthetic and compositional values that can be seen from public viewpoints. Some scenic vistas are officially or informally designated by public agencies or other organizations. A substantial adverse effect on a scenic vista would occur if the project would significantly degrade the scenic landscape as viewed from public roads or other public areas. A proposed project’s potential effect on a scenic vista is largely dependent on the degree to which it would complement or contrast with the natural setting, the degree to which it would be noticeable in the existing environment, and whether it detracts from or complements the scenic vista.

The California Scenic Highway Program was created by the State Legislature in 1963 with the intention of protecting and enhancing the natural scenic beauty of California highways and adjacent corridors. A highway may be designated scenic depending on how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. Designated and eligible Scenic Highways within San Luis Obispo County include US 101, SR 46, portions of SR 41, SR 1, and Lake Nacimiento Drive. US 101 is located approximately 0.1 mile west of the project site (Caltrans 2021c).

The City of Arroyo Grande Agriculture, Conservation and Open Space Element (ACOSE) includes goals and policies intended to protect visually accessible scenic resources. Scenic resources protected under the City’s ACOSE may include agricultural land, open spaces, hillsides, ridgelines, canyons, valleys, landmark trees, woodlands, wetlands, streambeds, and banks, as well as aspects of the built environment of historic nature or that are unique to the city (City of Arroyo Grande 2007).

The project site consists of Traffic Way bridge, which is located in an urban area in the central portion of the city and surrounded by one- and two-story commercial development in all directions. The existing Traffic Way bridge spans Arroyo Grande Creek, which is a perennial stream with a dense riparian

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12 canopy. The project site is developed with designated bike lanes; pedestrian infrastructure, including sidewalks and crosswalks; and vegetative landscaping. The project site is located approximately 260 feet west of the recently rehabilitated historic Bridge Street bridge, which underwent construction in 2020 and was completed in 2021 (SWCA 2021f).

Environmental Evaluation
a) Would the project have a substantial adverse effect on a scenic vista? For CEQA purposes, a scenic vista is generally defined as a viewpoint that provides expansive views of a highly valued landscape or scenic resource for the benefit of the general public. A substantial adverse effect on a scenic vista would occur if the proposed project would significantly degrade the scenic landscape as viewed from public roads or other public areas. The City’s ACOSE identifies scenic resources as agricultural land, open spaces, hillsides, ridgelines, canyons, valleys, landmark trees, woodlands, wetlands, streambeds, and banks, as well as aspects of the built environment of historic or unique nature. The project site provides views of commercial development to the north and commercial development and distant hillsides to the south. Views to the east and west are dominated by trees associated with Arroyo Grande Creek. The proposed project includes replacement of the existing Traffic Way bridge to reduce risk caused by erosion surrounding the foundation of the bridge. Construction activities would result in temporary construction-related views during the 97-month construction period, including construction equipment and vehicles, workers, and signage. In addition, construction activities would include vegetation removal below and adjacent to the bridge as necessary for equipment access and installation of the new bridge foundations. Construction-related views would be temporary in nature and would not result in a permanent adverse change to existing views in the project area.

Following construction activities, the proposed bridge would retain the same alignment as the original bridge structure and would consist of a single-span bridge with no piers within the creek bed. Therefore, the project would result in an overall improvement in the views of the bridge and Arroyo Grande Creek.

The proposed bridge structure would accommodate the same number of vehicle lanes, Class II bicycle lanes, and pedestrian facilities (sidewalks, light posts, and fencing) as the existing bridge structure. In addition, the project includes revegetation within impacted areas. The proposed bridge structure would be designed in accordance with applicable City and Caltrans design guidelines and standards and would be similar in appearance to the existing bridge. The project would result in the replacement of the existing Traffic Way bridge and does not include components that would significantly change the existing viewshed of the project site; therefore, the project would not have a substantial effect on a scenic vista and impacts would be less than significant.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
There are no designated state scenic highways within or in the immediate vicinity of the project site.

US 101 is considered an eligible state scenic highway by Caltrans and is located approximately 0.1 mile west of the Traffic Way bridge (Caltrans 2021c). Temporary construction access would require the use of existing unnamed, unpaved agricultural access roads located west of US 101, crossing under the existing US 101 bridge, and continuing east of US 101 through an open field that is part of an urban development associated with Village Creek Plaza. The open field would be used for construction equipment storage and construction access to the project site. Based on Google Earth Pro imagery, the portion of US 101 that extends through the project site consists of native trees that block views east of US 101. Therefore, views of most of the construction and all operational components of the project from US 101 would be obstructed by intervening vegetation. Construction of the project may result in temporary, intermittent views of workers, vehicles, and equipment accessing the site west of US 101; however, following project

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13 construction, construction crews, vehicles, and equipment would vacate the area and the project site would be returned to preconstruction conditions. The project would require tree removal for development at the bridge site and would not require tree removal within the viewshed of US 101. In addition, the project includes revegetation of disturbed areas to avoid permanently degrading visual resources within the project area. The project would not substantially damage scenic resources within a state scenic highway; therefore, impacts would be less than significant. c) In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
The project site is located in an urbanized area of the city of Arroyo Grande in the Village Mixed-Use (VMU) and Village Downtown Core (VDC) zoning designations (City of Arroyo Grande 2018). The City’s Design Guidelines and Standards for the Historic Character Overlay District provides guidelines and standards for development in the VDC, VMU, Village SF-Low (VSF-L), Village SF-Medium (VSFM), Village MF-Medium (VMF-M), and Village Community Facility (VCF) zoning designations that are intended to protect the historic buildings, character, and architecture that reflect the city’s heritage (City of Arroyo Grande 1994). In addition, the City’s Design Guidelines and Standards for Design Overlay District (D-2.11) – Traffic Way and Station Way provide goals to encourage design that would not detract from the neighboring village districts (City of Arroyo Grande 2014). However, the design guidelines would not apply to the project because the project is limited to replacement of an existing bridge and does not include the development of new buildings that would be subject to building design guidelines or other zoning standards.

The City’s ACOSE includes goals and policies intended to protect visual resources, including agricultural land, open spaces, hillsides, ridgelines, canyons, valleys, landmark trees, woodlands, wetlands, streambeds and banks, as well as aspects of the built environment of historic nature or that are unique to the city (City of Arroyo Grande 2007). In addition to temporary construction views, proposed construction activities would result in the removal of vegetation below and adjacent to the bridge as necessary for equipment access and installation of the new bridge foundations. Following construction activities, the proposed bridge would retain the same alignment as the original bridge structure and would consist of a single-span bridge with no piers within the creek bed. Therefore, the project would result in an overall improvement in the views of the bridge and Arroyo Grande Creek. The proposed bridge structure would accommodate the same number of vehicle lanes, Class II bicycle lanes, and pedestrian facilities (sidewalks, light posts, and fencing) as the existing bridge structure. In addition, the project includes revegetation of disturbed project areas. Therefore, the project would be consistent with goals and policies of the City’s ACOSE.

The project would result in temporary construction views during the 97-month construction period; however, implementation of the project would not result in a significant permanent change to the existing viewshed and does not include any components that would be inconsistent with zoning or other regulations governing scenic quality. Therefore, impacts would be less than significant. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
There are 12 existing outdoor light posts along the railings of the Traffic Way bridge that are used for nighttime lighting. Replacement of the Traffic Way bridge would include replacement of existing light posts along the bridge. New outdoor lighting along the proposed bridge would be consistent with the intensity of existing lighting along the existing bridge. In addition, new outdoor lighting would be

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14 required to comply with City Municipal Code Section 16.48.090(A), which establishes outdoor lighting requirements for nonresidential uses within the city to prevent light pollution from degrading nighttime views of the area. Therefore, based on the nature of development and required compliance with the City Municipal Code, impacts related to nighttime lighting would be less than significant.

Conclusion
The project would result in temporary construction-related views during the 97-month construction period. However, implementation of the project would not result in a significant permanent change to the existing viewshed. Any vegetation that is removed during project construction would be revegetated following project activities. The project would not substantially damage scenic resources within a state scenic highway. Nighttime lighting along the proposed bridge would be consistent with existing nighttime lighting conditions. The new bridge would be consistent with the level of development of the existing bridge and would not result in new components that would be inconsistent with zoning or other regulations governing scenic quality. Therefore, potential impacts related to aesthetic resources would be less than significant, and no mitigation is necessary.

Mitigation Measures
No mitigation is required.

II. Agriculture and Forestry Resources
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
(a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
☐ ☐ ☒ ☐
(b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
☐ ☐ ☒ ☐
(c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
☐ ☐ ☐ ☒
(d) Result in the loss of forest land or conversion of forest land to non-forest use?
☐ ☐ ☐ ☒
(e) Involve other changes in the existing environment
which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
☐ ☐ ☒ ☐

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15 Setting
The California Department of Conservation (CDOC) Farmland Mapping and Monitoring Program (FMMP) produces maps and statistical data used for analyzing impacts on California’s agricultural resources. Agricultural land is rated according to soil quality and current land use. For environmental review purposes under CEQA, the FMMP categories of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, Farmland of Local Importance, and Grazing Land are considered “agricultural land.” Other non-agricultural designations include Urban and Built-up Land, Other Land, and Water. According to the FMMP, the project site is located on land that is designated as urban and built-up land (CDOC 2016).

The Land Conservation Act of 1965, commonly referred to as the Williamson Act, enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agriculture or related open space use. In return, landowners receive property tax assessments that are much lower than normal because they are based on farming and open space uses as opposed to full market value. The project site does not include land within the Agriculture land use designation and is not subject to a Williamson Act contract.

According to PRC Section 12220(g), forest land is defined as land that can support 10% native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. Timberland is defined as land, other than land owned by the federal government and land designated by the State Board of Forestry and Fire Protection as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees.

The City’s ACOSE includes Objectives Ag1 through Ag6 and corresponding policies for the protection of agricultural resources, including, but not limited to, the conservation of prime agricultural land and soils, conservation of groundwater for agricultural operations, and the promotion of the coexistence of agricultural and urban land uses (City of Arroyo Grande 2007).

The project site is designated as Urban and Built-up Land by the FMMP (CDOC 2016). Based on the City’s Land Use Map, there is no designated forest land or timberland within the city (City of Arroyo Grande 2018). The existing Traffic Way bridge is not located within designated agricultural land, forest land, or timberland. There is FMMP-designated Prime Farmland- and Agriculture-zoned land located approximately 0.15 mile (800 feet) west of the existing Traffic Way bridge, immediately west of the US 101 southbound lane (CDOC 2016; City of Arroyo Grande 2018).

Environmental Evaluation
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
According to the CDOC FMMP, most of the project site is designated as Urban and Built-up Land, and land located approximately 800 feet west of the project site is designated as Prime Farmland by the FMMP (CDOC 2016). Temporary construction access would require the use of existing unnamed, unpaved agricultural access roads located within the designated Prime Farmland. Proposed construction staging would occur in an open field used for urban commercial development and would not be located in the nearby agricultural land. Existing agricultural access roads would remain accessible to ongoing agricultural operations throughout the proposed construction period. Therefore, temporary use of the

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16 existing agricultural access roads would not result in impacts to existing farmland. Further, all construction access and staging areas would be returned to their original condition following construction; therefore, implementation of the project would not result in the permanent conversion of designated Prime Farmland to non-agricultural use, and impacts would be less than significant. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
The Traffic Way bridge is located in the VMU and VCD zoning designations (City of Arroyo Grande 2018). Land located immediately west of the US 101 southbound lane is within the Agriculture zoning designation and is currently developed and used for agricultural operations, including cropland (City of Arroyo Grande 2018). Temporary access would require the use of existing unnamed, unpaved agricultural access roads located within the agricultural land. The project would not prohibit ongoing agricultural operations because existing agricultural access roads would remain accessible to ongoing agricultural operations throughout the proposed construction period. Temporary use of the existing agricultural roads would not result in conversion of or other impacts to existing farmland and all construction access areas would be returned to their original condition following construction. In addition, the project site is not under a Williamson Act contract. Therefore, the project would not conflict with existing zoning for agricultural uses or a Williamson Act contract, and impacts would be less than significant. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? According to the City’s zoning map, there is no designated forest land or timberland within the city (City of Arroyo Grande 2018). Therefore, implementation of the project would not conflict with zoning for forest land or timberland, and no impact would occur.
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use?
As previously described in threshold II(c), there is no designated forest land or timberland within the city (City of Arroyo Grande 2018). Since there is no designated forest land within the project area, proposed tree removal would not result in the loss of forest land or conversion of forest land to non-forest use, and no impact would occur.
e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use or conversion of forest land to non-forest use? Based on the CDOC FMMP, there is designated Prime Farmland located approximately 0.15 mile west of the Traffic Way bridge (CDOC 2016). This area is also within the Agriculture zoning designation and is currently developed and used for agricultural operations. Temporary construction access would require the use of existing unnamed, unpaved agricultural access roads located west of US 101, crossing under the existing US 101 bridge, and continuing east of US 101 through an open field that is part of an urban development associated with Village Creek Plaza. The open field is within the VMU zoning designation and is not used for agricultural operations. The field would be used for construction staging and access to the bridge site. Temporary use of the existing agricultural access roads would not prohibit access for ongoing agricultural operations and would not result in impacts to existing farmland. Further, all construction access and storage areas would be returned to preconstruction conditions following construction activities. The project does not include long-term features that would interfere with soil

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17 quality, air quality, water quality, or groundwater supply that could permanently affect nearby agricultural land. In addition, according to the City’s zoning map, there is no designated forest land or timberland within the city (City of Arroyo Grande 2018). Therefore, the project would not result in changes to the environment that could convert farmland to non-agricultural use or forest land to non-forest use, and impacts would be less than significant.

Conclusion
The project would require the temporary use of existing agricultural access routes located on designated Prime Farmland and land zoned for agricultural uses; however, implementation of the project would not permanently convert any Prime Farmland or agriculturally zoned land to non-agricultural uses. The project would not result in adverse impacts to forest land or timberland because there is no designated forest land or timberland within the city. Therefore, potential impacts related to agricultural resources would be less than significant, and no mitigation is necessary.

Mitigation Measures
No mitigation is required.

III. Air Quality
Environmental Issues
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact No Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
(a) Conflict with or obstruct implementation of the
applicable air quality plan? ☐ ☐ ☒ ☐
(b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?
☐ ☐ ☒ ☐
(c) Expose sensitive receptors to substantial pollutant concentrations?
☐ ☒ ☐ ☐
(d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of
people?
☐ ☒ ☐ ☐
Setting
San Luis Obispo County is part of the South Central Coast Air Basin, (SCCAB), which also includes Santa Barbara and Ventura Counties. Air quality within the SCCAB is regulated by several jurisdictions, including the U.S. Environmental Protection Agency (USEPA), California Air Resources Board (CARB), and San Luis Obispo County Air Pollution Control District (SLOAPCD). Each of these jurisdictions develops rules, regulations, and policies to attain the goals or directives imposed upon them through legislation. The CARB is the agency responsible for coordination and oversight of state and local air pollution control programs in California and for implementing the California Clean Air Act (CCAA) of 1988. The State Department of Public Health established California Ambient Air Quality Standards (CAAQS) in 1962 to define the maximum amount of a pollutant (averaged over a specified period of time) that can be present without any harmful effects on people or the environment. The CARB adopted the CAAQS developed by the Department of Public Health in 1969, which had established CAAQS for

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18 10 criteria pollutants: particulate matter (under 10 microns [PM10] and under 2.5 microns [PM2.5]), ozone (O3), nitrogen dioxide (NO2), sulfate, carbon monoxide (CO), sulfur dioxide (SO2), visibility-reducing particles, lead (Pb), hydrogen sulfide (H2S), and vinyl chloride.

The Federal Clean Air Act (FCAA) later required the USEPA to establish National Ambient Air Quality Standards (NAAQS) for pollutants considered harmful to public health and the environment, and also set deadlines for their attainment. The USEPA has established NAAQS for six criteria pollutants (all of which are also regulated by CAAQS): CO, Pb, NO2, O3, PM10 and PM2.5, and SO2. California law continues to mandate compliance with CAAQS, which are often more stringent than national standards.

However, California law does not require that CAAQS be met by specified dates as is the case with NAAQS. Rather, it requires incremental progress toward attainment. The SLOAPCD is the agency primarily responsible for ensuring that NAAQS and CAAQS are not exceeded and that air quality conditions within the county are maintained.

The state and national attainment status designations pertaining to San Luis Obispo County are summarized in Table 1. San Luis Obispo County is currently designated as a nonattainment area with respect to the state O3 and PM10 standards. In addition, the eastern portion of the county is designated nonattainment for the national O3 standards. The county is designated attainment or unclassified for the remaining national and state standards.

Table 1. Summary of Ambient Air Quality Standards and Attainment Designations Pollutant Averaging Time
California Standards1 National Standards1
Concentration Attainment Status Primary Attainment Status Ozone (O3)
1-hour 0.09 ppm
(180 μg/m3)
Non-Attainment
--
Non-Attainment
Eastern San Luis
Obispo County
Attainment
Western San Luis
Obispo County2
8-hour 0.070 ppm
(137 μg/m3)

0.070 ppm
(137 μg/m3)
Respirable Particle
Matter (PM10)
24-hour 50 μg/m3
Non-Attainment
150 μg/m3
Unclassified/
Attainment AAM 20 μg/m3 –
Fine Particulate
Matter (PM2.5)
24-hour No State
Standard Attainment
35 μg/m3
Unclassified/
Attainment
AAM 12 μg/m3 12 μg/m3
Carbon Monoxide
(CO)
1-hour 20 ppm
(23 mg/m3)
Attainment
35 ppm
(40 mg/m3)
Unclassified
8-hour 9 ppm
(10 mg/m3)
9 ppm
(10 mg/m3)
Nitrogen Dioxide
(NO2)
1-hour 0.18 ppm
(339 μg/m3)
Attainment
100 ppb
(188 μg/m3)
Unclassified
AAM 0.030 ppm
(57 μg/m3)

0.053 ppm
(100 μg/m3)
Sulfur Dioxide
(SO2)
1-hour 0.25 ppm
(655 μg/m3)
Attainment
75 ppb
(196 mg/m3)
Unclassified
3-hour –
Secondary:

0.5 ppm
(1,300 μg/m3)
24-hour 0.04 ppm
(105 μg/m3)

0.14 ppm
(for certain areas)
AAM –

0.030 ppm
(for certain areas)

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19 Pollutant Averaging Time
California Standards1 National Standards1
Concentration Attainment Status Primary Attainment Status Lead
30-day Average 1.5 μg/m3
Attainment
–
No Attainment
Information
Calendar Quarter –
–1.5 µg/m3
(for certain areas)
Rolling 3-Month
Average – 0.15 μg/m3
Visibility-Reducing
Particle Matter 8-hour Extinction of 0.23 per kilometer Attainment No
Federal
Standards
Sulfates 24-hour 25 μg/m3 Attainment
Hydrogen Sulfide 1-hour 0.03 ppm
(42 μg/m3)
Attainment
Vinyl Chloride 24-hour 0.01 ppm
(26 μg/m3)
No Attainment
Information
Notes:
µg/m3 = micrograms per cubic meter, pp, = parts per million, AAM = Annual Arithmetic Mean 1 Unclassified (USEPA/federal definition): Any area that cannot be classified on the basis of available information as meeting or not meeting the national primary or secondary ambient air quality standard for that pollutant. 2 San Luis Obispo County has been designated non-attainment east of the -120.4 degree longitude line, in areas of San Luis Obispo County that are south of latitude 35.45 degrees, and east of the -120.3 degree longitude line, in areas of San Luis Obispo County that are north of latitude

35.45 degrees.

Source: SLOAPCD 2019.

Naturally Occurring Asbestos (NOA) is identified as a toxic air contaminant by the CARB. Serpentine and other ultramafic rocks are fairly common throughout the county and may contain NOA. If these areas are disturbed during construction, NOA-containing particles can be released into the air and have an adverse impact on local air quality and human health. According to the SLOAPCD’s NOA map, the project site is not located in an area the SLOAPCD has identified as having the potential for NOA to be present (SLOAPCD 2021).

The SLOAPCD’s San Luis Obispo County 2001 Clean Air Plan (2001 Clean Air Plan) is a comprehensive planning document intended to evaluate long-term air pollutant emissions and cumulative effects and provide guidance to the SLOAPCD and other local agencies on how to attain and maintain the state standards for O3 and PM10 (SLOAPCD 2001). The 2001 Clean Air Plan presents a detailed description of the sources and pollutants that impact the jurisdiction’s attainment of state standards, future air quality impacts to be expected under current growth trends, and an appropriate control strategy for reducing O3 precursor emissions, thereby improving air quality.

The SLOAPCD has developed and updated their CEQA Air Quality Handbook (most recently updated with a November 2017 Clarification Memorandum) to help local agencies evaluate project-specific impacts and determine if air quality mitigation measures are needed, or if potentially significant impacts could result (SLOAPCD 2012, 2017). General screening criteria are used by the SLOAPCD to determine the type and scope of air quality assessment required for a particular project (Table 1-1 in the SLOAPCD’s CEQA Air Quality Handbook). These criteria are based on project size in an urban setting and are designed to identify those projects with the potential to exceed the SLOAPCD’s significance thresholds. A more refined analysis of air quality impacts specific to a given project is necessary for projects that exceed the screening criteria identified in Table 2, below, or are within 10% of exceeding the screening criteria.

The county’s air quality is measured by a total of 10 ambient air quality monitoring stations, and pollutant levels are measured continuously and averaged each hour, 24 hours a day. The significance of a given pollutant can be evaluated by comparing its atmospheric concentration to federal and state air quality standards. These standards represent allowable atmospheric containment concentrations at which the

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20 public health and welfare are protected and include a factor of safety. The SLOAPCD prepares an Annual Air Quality Report detailing information on air quality monitoring and pollutant trends in the county.

Sensitive Receptors
One of the most important reasons for air quality standards is the protection of those members of the population who are most sensitive to the adverse health effects of air pollution, termed “sensitive receptors.” The term “sensitive receptors” refers to specific population groups, as well as the land uses where individuals would reside for long periods. Commonly identified sensitive population groups include children, the elderly, the acutely ill, and the chronically ill. Commonly identified sensitive land uses would include facilities that house or attract children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Residential dwellings, schools, parks, playgrounds, childcare centers, convalescent homes, and hospitals are examples of sensitive land uses.

The nearest sensitive receptor locations include a private single-family residence, located approximately 367 feet southeast from the boundary of the project site, and medical offices, located approximately 290 feet southwest from the boundary of the project site (SWCA 2021d).

Health Risk from a Nearby High-Volume Roadway
Diesel‐fueled trucks and cars travel on US 101, which is considered a high‐volume roadway, so future residents living in any proposed residential units near US 101 could be exposed to diesel particulate matter (DPM), which has been classified by the state as a toxic air contaminant and a carcinogen.

San Luis Obispo County Air Pollution Control District Thresholds The SLOAPCD thresholds for determining the significance of impacts for total emissions expected from a project’s construction activities are provided in Table 2. The SLOAPCD has discretion to require mitigation for projects that would not exceed the mitigation thresholds if those projects would result in special impacts, such as the release of DPM emissions or asbestos near sensitive receptors.

Table 2. SLOAPCD Thresholds of Significance for Construction Operations Pollutant
Threshold1
Daily
Quarterly
Tier 1
Quarterly
Tier 2
Reactive Organic Gases (ROG) + Nitrogen Oxides (NOx)
(combined)
137 lbs 2.5 tons 6.3 tons
Diesel Particulate Matter (DPM) 7 lbs 0.13 tons 0.32 tons Fugitive Particulate Matter (PM10), Dust 2-- 2.5 tons -- Notes:
lbs = pounds
1 Daily and quarterly emission thresholds are based on the California Health and Safety Code and the CARB Carl Moyer Guidelines. 2 Any project with a grading area greater than 4.0 acres of worked area can exceed the 2.5-ton PM10 quarterly threshold.

Source: SLOAPCD 2012.

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21 Environmental Evaluation
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
In order to be considered consistent with the 2001 Clean Air Plan, a project must be consistent with the land use planning and transportation control measures and strategies that are outlined in the Clean Air Plan (SLOAPCD 2012). Construction and oOperation of the project may result in short-term construction emissions and infrequent maintenance trips to and from the site on an as-needed basis. Short-term construction related emissions, particularly for a project of this nature intended to improve transportation facilities, would not conflict with the Clean Air Plan. Because the project would not generate regular daily vehicle trips, transportation control measures, such as encouraging use of alternative transportation options, telecommuting, and measures intended to reduce vehicle miles traveled (VMT), would not be applicable to the project. The project consists of replacing the existing Traffic Way bridge and does not propose commercial, residential, or other development that would be applicable to land use planning measures, such as provision of mixed-use development, planning compact communities with higher densities, and balancing jobs and housing. Traffic Way currently consists of a Class II bike lane and pedestrian facilities. The proposed bridge would retain the Class II bike lane and pedestrian facilities to allow for a connected community and to encourage alternative modes of travel within the city’s downtown. Therefore, the project would not conflict with the 2001 Clean Air Plan, and impacts would be less than significant.
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Project air pollutant emissions were estimated using the most recent version of the California Emissions Estimator Model (CalEEMod 2020.4.0). Based on estimated construction phase length, grading volumes, and other factors, estimated construction-related emissions that would result from the project were calculated and compared to applicable SLOAPCD thresholds in Table 3. The CalEEMod results are included in Appendix A.

Table 3. Estimated Construction Emissions
Pollutant
Project
Construction
Emissions
(Daily)
Project
Construction
Emissions
(quarterly)
SLOAPCD Thresholds1 Does the
Project
exceed

SLOAPCD
Daily Thresholds?
Quarterly
Tier 1
Reactive Organic Gases (ROG) +
Nitrogen Oxides (NOx)
(combined)

9.34 lbs/day 0.15 tons/quarter 137 lbs 2.5 tons No
Diesel Particulate Matter (DPM) 0.32 lbs/day 0.008 tons/quarter 7 lbs 0.13 tons No Fugitive Particulate Matter
(PM10), Dust 2
-- 0.018 tons/quarter -- 2.5 tons No
Notes:
lbs = pounds
1 Daily and quarterly emission thresholds are based on the California Health and Safety Code and the CARB Carl Moyer Guidelines. 2 Any project with a grading area greater than 4.0 acres of worked area can exceed the 2.5-ton PM10 quarterly threshold.

Source: SLOAPCD 2012.

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22 As shown in Table 3, the project would not exceed daily or quarterly SLOAPCD thresholds for construction-related emissions. Therefore, the project would not result in a cumulatively considerable net increase in identified criteria pollutants, and construction-related impacts would be less than significant.

Implementation of the project would not result in new uses that could increase operational emissions.

Operation of the project would include continued operation of the Traffic Way bridge and may require infrequent vehicle trips for maintenance activities on an as-needed basis. The Traffic Way bridge provides passage over Arroyo Grande Creek and, based on the 2016 Bridge Inspection Report, traffic volumes through the site are approximately 9,600 vehicles per day. Traffic Way is classified as an urban arterial roadway and has an estimated future average daily traffic (ADT) rate of 11,000 based on estimated growth within the city. Replacement of the bridge is not anticipated to result in an increase in vehicle trips compared to existing conditions. The proposed replacement bridge would be paved and would not result in increased particulate matter during operation. Therefore, the project would not result in new development that would generate operational emissions or increased VMT. Operational impacts associated with generation of criteria air pollutant emissions would be less than significant. c) Would the project expose sensitive receptors to substantial pollutant concentrations?
The nearest sensitive receptor locations include a private single-family residence, located approximately 367 feet southeast from the boundary of the project site, and medical offices, located approximately 290 feet southwest from the boundary of the project site (SWCA 2021d). In addition, the project would require the temporary closure of Traffic Way during the 9-month construction period, which would require a temporary traffic detour route through the Village Core of the city. Temporary striping would be implemented along East/West Branch, Mason, Fair Oaks, Traffic Way, and Bridge Streets to allow traffic to navigate the detour more efficiently; however, detours would be expected to result in temporary delays along these roadways, which could increase air pollutant emissions from vehicle idling. According to the SLOAPCD CEQA Air Quality Handbook, projects that occur within 1,000 feet of sensitive receptors have the potential to result in adverse impacts involving construction emissions (SLOAPCD 2012). Therefore, based on the proximity to the nearest sensitive receptor locations, Mitigation Measure AQ-1 has been included to require limitations on diesel idling during the construction phase of the project to reduce potential impacts related to air quality emissions near sensitive receptor locations. The project would not increase operational traffic, change long-term circulation, or significantly affect long-term operational impacts on proximate sensitive receptors. Therefore, impacts would be less than significant with mitigation.
d) Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Construction of the proposed project would generate odors associated with construction smoke, dust, and equipment exhaust and fumes. Proposed construction activities would not differ significantly from those resulting from any other type of construction project. Any construction odors would be temporary and limited to the construction phase of the proposed project. The SLOAPCD NOA Map indicates the project site is not located within an area identified as having potential for NOA to be present (SLOAPCD 2021).

The Traffic Way bridge was originally constructed in 1932 and has been in use for 89 years; therefore, there is potential for asbestos-containing material (ACM) to be released during decommissioning of the existing bridge. Mitigation Measure AQ-2 has been included to reduce impacts related to potential release of ACM during decommissioning of the bridge. With implementation of the identified mitigation measure, impacts would be less than significant with mitigation.

65501.00014\41661648.1
Traffic Way over Arroyo Grande Creek Bridge Replacement Project Initial Study/Mitigated Negative Declaration
23 Conclusion
The project would be consistent with the 2001 Clean Air Plan. The project would not exceed construction-related or operational air pollutant emission thresholds as established by the SLOAPCD.

With implementation of Mitigation Measure AQ-1, construction of the project is not anticipated to result in significant air quality emissions that could adversely affect nearby sensitive receptor locations.

Mitigation Measure AQ-2 has been included to reduce potential impacts related to ACM during decommissioning of the existing bridge. Therefore, with implementation of the identified mitigation measures, impacts would be less than significant.

Mitigation Measures
MM AQ-1 Idling Control Techniques. During all construction activities and use of diesel vehicles, the applicant shall implement the following idling control techniques:

Idling Restrictions Near Sensitive Receptors for Both On- and Off-Road Equipment.
a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors, if feasible;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
c. Use of alternative-fueled equipment shall be used whenever possible; and
d. Signs that specify the no idling requirements shall be posted and enforced at the construction site.

California Diesel Idling Regulations. On-road diesel vehicles shall comply with 13 California Code of Regulations (CCR) 2485. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles:
a. Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and
b. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, an air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation.

Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following website: www.arb.ca.gov/msprog/truck-idling/2485.pdf.

MM AQ-2 Asbestos Material in Demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos-containing material (ACM). ACMs could be encountered during demolition or remodeling of the existing bridge. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory