Arroyo Grande City Council
October 24, 2023

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, October 24, 2023, 6:00 p.m.

In person at:

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

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

CLOSED SESSION:

None.

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

5. AGENDA REVIEW

5.a Closed Session Announcements
None.

5.b Ordinances read in title only
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 November 2023 As National Native American & Indigenous Peoples Heritage Month

6.b Honorary Proclamation Declaring November 2023 As National Hospice And Palliative Care Month

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 Coast Blue Regional Recycled Water Authority Board

3. Five Cities Fire Authority

4. San Luis Obispo County Mayor's Meeting

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

6. 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 Governmental Affairs Committee

3. 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 September 16 through September 30, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

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

Approve the minutes of the Regular City Council Meeting of October 10, 2023, as submitted.

9.c Monthly Water Supply and Demand Update

(SWEENEY)
Recommended Action:

Receive and file the Monthly Water Supply and Demand Update.

10. PUBLIC HEARINGS

10.a Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
(PEDROTTI)
Recommended Action:
1) Adopt a Resolution denying the request by Michael Harris to drill and install one (1) new domestic well on an unaddressed property on Noyes Road (APN: 007-781-055) northeast of the intersection of Noyes Road and Equestrian Way; and 2) Determine that the installation of a domestic water well is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.).

10.b Consider a Resolution Accepting a Donation of Time and Materials for the Second Phase of Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 23-007; Applicant – Shirley Horacek, Arroyo Grande Public Art (PEDROTTI)
Recommended Action:
1) Receive public comment; 2) Adopt a Resolution accepting the donation of time and materials and waiving encroachment permit fees in the amount of $720; and 3) Determine that this project is categorically exempt based upon section 15301(e) of the CEQA Guidelines regarding existing facilities. This exemption is applied to additions to existing structures provided that the addition will not result in an increase of square footage. The proposed project is for painting an existing structure and will not result in an increase in square footage.

11. OLD BUSINESS
None.

12. NEW BUSINESS

12.a Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
(PEDROTTI)
Recommended Action:

Receive public comment and provide direction to staff regarding the development code amendment to allow educational institutions as a conditionally permitted use in the RC zone.

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: October 24, 2023
SUMMARY OF ACTION:

Review and ratify cash disbursements for the period of September 16 through September 30, 2023.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $1,676,127.45 fiscal impact for the period of September 16 through September 30, 2023, that includes the following items:
 Accounts Payable Checks $ 1,258,711.45
 Payroll & Benefit Checks $ 417,416.00
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of September 16 through September 30, 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.

Item 9.a.

City Council
Consideration of Cash Disbursement Ratification
October 24, 2023

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.

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. September 16 – September 30, 2023 – Accounts Payable Check Register

2. September 22, 2023 – Payroll & Benefit Check Register

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 1 09/22/2023 298807 $166.50 07/23 CODE ENFORCEMENT SVCS 010.4101.5303 ADAMSKI MOROSKI MADDEN 2 09/22/2023 298807 $370.00 06/23 CODE ENFORCEMENT SVCS 010.4101.5303 ADAMSKI MOROSKI MADDEN 3 09/22/2023 298807 $240.50 04/23 CODE ENFORCEMENT SVCS 010.4101.5303 ADAMSKI MOROSKI MADDEN 4 09/22/2023 298808 $750.00 07/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC 5 09/22/2023 298808 $1,915.00 07/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC 6 09/22/2023 298809 $400.00 ANNUAL FIRE SPRINKLER INSPECTION 010.4213.5303 ALPHA FIRE & SECURITY ALARM CO 7 09/22/2023 298810 $62.50 AC LEAK-FCFA 010.4213.5303 ALPINE REFRIGERATION 8 09/22/2023 298811 $29,553.00 ANIMAL SVC CONTRACT Q1 FY23-24 010.4201.5321 ANIMAL SERVICES 9 09/22/2023 298812 $46.79 Purchase Replacement Parts for Meters 640.4712.5611 AQUA-METRIC SALES CO(DBA) 10 09/22/2023 298812 $2,452.00 1 (ea) Archer 3HH AR368 Solid 640.4712.6201 AQUA-METRIC SALES CO(DBA) 11 09/22/2023 298812 $1,753.00 Purchase Water Meters for FY 23/24 640.4712.5207 AQUA-METRIC SALES CO(DBA) 12 09/22/2023 298812 $6,020.45 Purchase Replacement Parts for Meters 640.4712.5611 AQUA-METRIC SALES CO(DBA) 13 09/22/2023 298812 $1,112.89 Purchase Replacement Parts for Meters 640.4712.5611 AQUA-METRIC SALES CO(DBA) 14 09/22/2023 298812 $190.03 Sales Tax 640.4712.6201 AQUA-METRIC SALES CO(DBA) 15 09/22/2023 298812 $100.00 Freight 640.4712.6201 AQUA-METRIC SALES CO(DBA) 16 09/22/2023 298813 $35.41 PAINT, SPRAY PAINT 010.4420.5605 ARROYO GRANDE HOME & GARDEN 17 09/22/2023 298814 $183.52 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T 18 09/22/2023 298815 $32.01 BAN#9391033183 805-473-2198 010.4201.5403 AT&T 19 09/22/2023 298815 $73.67 BAN#9391033187 805-481-6944 010.4201.5403 AT&T 20 09/22/2023 298815 $180.57 BAN#9391033184 805-473-5100 010.4201.5403 AT&T 21 09/22/2023 298816 $222.09 PW21-SVC & REPAIR, OIL CHG, DIAGNOSIS 010.4430.5601 BACK ON THE ROAD AUTOMOBILE 22 09/22/2023 298816 $2,058.18 PD-4606 REPAIR 010.4203.5601 BACK ON THE ROAD AUTOMOBILE 23 09/22/2023 298817 $54.97 FLEET MAINT SUPPLIES-BATTERY 010.4204.5601 BATTERY SYSTEMS 24 09/22/2023 298818 $210.00 REFUND-SOCCER CAMPS 010.0000.4605 DANYELLE BAYLY 25 09/22/2023 298819 $16.00 CAR WASH-PW44 612.4610.5601 BOB'S EXPRESS WASH 26 09/22/2023 298819 $13.00 CAR WASH-B409 010.4212.5601 BOB'S EXPRESS WASH 27 09/22/2023 298819 $213.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH 28 09/22/2023 298819 $13.00 CAR WASH-PW10 640.4712.5601 BOB'S EXPRESS WASH 29 09/22/2023 298819 $10.00 CAR WASH-PW64 010.4307.5601 BOB'S EXPRESS WASH 30 09/22/2023 298819 $20.00 CAR WASH-50 TOKENS 612.4610.5601 BOB'S EXPRESS WASH 31 09/22/2023 298819 $26.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH 32 09/22/2023 298819 $13.00 CAR WASH-PW22 220.4303.5601 BOB'S EXPRESS WASH 33 09/22/2023 298819 $24.00 CAR WASH- PW4, PW8 010.4301.5601 BOB'S EXPRESS WASH 34 09/22/2023 298819 $141.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH 35 09/22/2023 298819 $20.00 CAR WASH-50 TOKENS 640.4712.5601 BOB'S EXPRESS WASH 36 09/22/2023 298819 $40.00 CAR WASH-50 TOKENS 220.4303.5601 BOB'S EXPRESS WASH 37 09/22/2023 298819 $20.00 CAR WASH-50 TOKENS 010.4420.5601 BOB'S EXPRESS WASH 38 09/22/2023 298820 ($120.00) (3) DRUM CREDIT 640.4712.5274 BRENNTAG PACIFIC INC 39 09/22/2023 298820 $1,311.66 (4) DRUMS HYPOCHLORITE 640.4712.5274 BRENNTAG PACIFIC INC

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 40 09/22/2023 298821 $194.00 PEST CONTROL: PD 010.4213.5303 BREZDEN PEST CONTROL, INC 41 09/22/2023 298822 $15.91 SCOURING PAD, SPRAY PAINT 010.4420.5605 BRISCO MILL & LUMBER YARD 42 09/22/2023 298822 $7.85 SPRAY PAINT 010.4420.5605 BRISCO MILL & LUMBER YARD 43 09/22/2023 298823 $10.12 POSTCARDS FOR TALLY HO SURVEY 010.4301.5503 BURDINE PRINTING (DBA) 44 09/22/2023 298824 $21.44 (2) 50# BAGS QUIKCRETE 220.4303.5613 BURKE AND PACE OF AG, INC 45 09/22/2023 298825 $651.03 ASPHALT-6 TON 640.4712.5610 CALPORTLAND CONSTRUCTION 46 09/22/2023 298826 $136.00 REFUND BUSINESS LICENSE-NON-PROFIT 010.0000.4050 CAMP ARROYO GRANDE 47 09/22/2023 298827 $63.77 CLEANING PRODUCTS 640.4712.5601 CARQUEST AUTO PARTS 48 09/22/2023 298827 $35.17 FLEET MAINT SUPPLIES-OIL & FILTER 010.4203.5601 CARQUEST AUTO PARTS 49 09/22/2023 298827 $145.81 PW-63 BATTERY 640.4712.5610 CARQUEST AUTO PARTS 50 09/22/2023 298827 $20.81 INLINE SPARK PLUG TESTER 010.4305.5255 CARQUEST AUTO PARTS 51 09/22/2023 298828 $199.67 WORK BOOTS-NETZLEY 010.4430.5148 CARR'S BOOTS & WESTERN 52 09/22/2023 298828 $188.13 WORK BOOTS-RODRIGUEZ 220.4303.5148 CARR'S BOOTS & WESTERN 53 09/22/2023 298828 $157.68 WORK BOOTS-GARRITY 612.4610.5148 CARR'S BOOTS & WESTERN 54 09/22/2023 298828 $200.00 WORK BOOTS-BROOKS 640.4712.5148 CARR'S BOOTS & WESTERN 55 09/22/2023 298828 $157.68 WORK BOOTS-TAYLOR 640.4710.5148 CARR'S BOOTS & WESTERN 56 09/22/2023 298828 $179.43 WORK BOOTS-MEADOR 010.4420.5148 CARR'S BOOTS & WESTERN 57 09/22/2023 298828 $155.50 WORK BOOTS-KORD SCHMIDT 010.4430.5148 CARR'S BOOTS & WESTERN 58 09/22/2023 298828 $200.00 WORK BOOTS-KAUFMAN 640.4712.5148 CARR'S BOOTS & WESTERN 59 09/22/2023 298828 $195.74 WORK BOOTS-JUAREZ 010.4305.5148 CARR'S BOOTS & WESTERN 60 09/22/2023 298829 $1,635.00 VILLAGE STREET TREE LIGHT REPAIR 220.4303.5613 CENTRAL COAST ILLUMINATIONS 61 09/22/2023 298830 $199.98 ACCT#170562001 PD DEPT INTERNET 010.4201.5403 CHARTER COMMUNICATIONS 62 09/22/2023 298830 $1,349.00 ACCT#170563301 300 E BRANCH INTERNET 010.4140.5303 CHARTER COMMUNICATIONS 63 09/22/2023 298830 $1,349.00 ACCT#170563401 215 E BRANCH INTERNET 211.4101.5330 CHARTER COMMUNICATIONS 64 09/22/2023 298830 $122.11 ACCT#170563101 215 E BRANCH TV 010.4145.5401 CHARTER COMMUNICATIONS 65 09/22/2023 298830 $185.15 ACCT#170562101 200 N HALCYON TV 010.4145.5401 CHARTER COMMUNICATIONS 66 09/22/2023 298830 $761.32 ACCT#170563801 1221 ASH ST INTERNET 010.4145.5401 CHARTER COMMUNICATIONS 67 09/22/2023 298830 $58.63 ACCT#090058901 300 E BRANCH TV 010.4145.5401 CHARTER COMMUNICATIONS 68 09/22/2023 298830 $987.20 ACCT#170562201 200 N HALCYON INTERNET 010.4145.5401 CHARTER COMMUNICATIONS 69 09/22/2023 298830 $736.80 ACCT#170564001 1375 ASH ST INTERNET 010.4145.5401 CHARTER COMMUNICATIONS 70 09/22/2023 298830 $327.16 ACCT#170562601 211 VERNON ST INTERNET 010.4145.5401 CHARTER COMMUNICATIONS 71 09/22/2023 298831 $248.16 Juniper JCare Core Support 3 YR 010.4140.5303 CIO SOLUTIONS LP 72 09/22/2023 298831 $2,307.00 Juniper EX2300 Ethernet Switch 010.4140.5303 CIO SOLUTIONS LP 73 09/22/2023 298831 $178.79 Sales Tax 010.4140.5303 CIO SOLUTIONS LP 74 09/22/2023 298832 $25.21 DRAWINGS 010.4301.5201 CRISP IMAGING 75 09/22/2023 298833 $401.79 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS 76 09/22/2023 298834 $372.59 ACCT#2901-1271650-01 METRO CIRCUIT 010.4140.5303 DIGITAL WEST NETWORKS INC 77 09/22/2023 298835 $93.20 CIM REFUND-SUMMER 2023 010.0000.4602 VIOLET ESPARZA RENIERE 78 09/22/2023 298836 $420.42 (28) METER BOX LIDS B-3 640.4712.5610 FAMCON PIPE AND SUPPLY INC

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 79 09/22/2023 298837 $64.65 HARVEST FESTIVAL STRAW 640.4712.5255 FARM SUPPLY CO 80 09/22/2023 298837 $262.45 SOTO IRRIGATION PARTS-RISER EXT 010.4430.5605 FARM SUPPLY CO 81 09/22/2023 298838 $250.79 (8) KEYS 010.4201.5604 FRANK'S LOCK & KEY 82 09/22/2023 298839 $445.00 TRAINING/TUITION-GRANT WRITING 010.4204.5501 GRANT WRITING USA 83 09/22/2023 298839 $495.00 TRAINING/TUITION-GRANT WRITING 010.4203.5501 GRANT WRITING USA 84 09/22/2023 298839 $445.00 TRAINING/TUITION-GRANT WRITING 010.4204.5501 GRANT WRITING USA 85 09/22/2023 298840 $119.06 Sales Tax 612.4610.6201 H&E EQUIPMENT SERVICES 86 09/22/2023 298840 $1,536.28 1 each New 2023 Multiquip QP3T 612.4610.6201 H&E EQUIPMENT SERVICES 87 09/22/2023 298841 $2,416.35 DUI TRAILER REPAIR 010.4204.5601 HEACOCK TRAILERS & TRUCK 88 09/22/2023 298842 $131.15 FUEL 010.4203.5608 JB DEWAR, INC 89 09/22/2023 298842 $110.80 FUEL 010.4203.5608 JB DEWAR, INC 90 09/22/2023 298843 $630.00 INSTALL NEW PHOTOCELL ON OLOHAN ALLEY 010.4213.5303 JD ELECTRIC 91 09/22/2023 298844 $1,120.00 SMOKE TEST-PW VEHICLES 220.4303.5601 L. DIESEL MOBILE SERVICE(DBA) 92 09/22/2023 298845 $105.00 BASKETBALL SCORER- 7 GAMES X $15 010.4424.5352 JHADE LA PAZ 93 09/22/2023 298846 $1,537.23 SHORETEL PHONE CHRGS-PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC 94 09/22/2023 298846 $1,537.23 SHORETEL PHONE CHRGS-PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC 95 09/22/2023 298846 $1,537.23 SHORETEL PHONE CHRGS-PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC 96 09/22/2023 298846 $1,559.89 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC 97 09/22/2023 298846 $1,561.03 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC 98 09/22/2023 298846 $1,559.89 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC 99 09/22/2023 298847 $50.00 09/09/23 ROUND ROBIN PICKLEBALL 010.4424.5351 MAUREEN LEWIS 100 09/22/2023 298848 $4,698.00 08/23 PROF LEGAL SVCS 010.4110.5303 LIEBERT, CASSIDY, WHITMORE 101 09/22/2023 298848 $652.50 07/31 PROF LEGAL SVCS 010.4110.5303 LIEBERT, CASSIDY, WHITMORE 102 09/22/2023 298848 $2,392.50 07/31 PROF LEGAL SVCS 010.4110.5303 LIEBERT, CASSIDY, WHITMORE 103 09/22/2023 298849 $100.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 MEGHAN MADSEN 104 09/22/2023 298850 $50.67 (5) SPRAY PAINT, SAND PAPER 010.4420.5605 MINER'S ACE HARDWARE, INC 105 09/22/2023 298850 $5.63 THREAD SEAL TAPE, PVC PLUG 010.4420.5605 MINER'S ACE HARDWARE, INC 106 09/22/2023 298850 $15.47 (4) PUTTY KNIVES 220.4303.5613 MINER'S ACE HARDWARE, INC 107 09/22/2023 298850 $23.69 PROPANE TANK EXCHANGE 220.4303.5613 MINER'S ACE HARDWARE, INC 108 09/22/2023 298850 $8.61 SPRAY PAINT 010.4420.5605 MINER'S ACE HARDWARE, INC 109 09/22/2023 298850 $17.85 ROLLER FRAME & ROLLER COVERS 220.4303.5613 MINER'S ACE HARDWARE, INC 110 09/22/2023 298850 $19.36 CARPET TAPE, ADHESIVE 010.4213.5604 MINER'S ACE HARDWARE, INC 111 09/22/2023 298850 $62.45 CAULK GUN, ADHESIVE 220.4303.5613 MINER'S ACE HARDWARE, INC 112 09/22/2023 298850 $40.91 CEDAR MULCH, POTTING MIX 010.4420.5605 MINER'S ACE HARDWARE, INC 113 09/22/2023 298850 $126.00 WD40, WORK GLOVES, SAW, PLAQUE 010.4213.5604 MINER'S ACE HARDWARE, INC 114 09/22/2023 298850 $47.39 (2) PROPANE TANK EXCHANGE 010.4209.5255 MINER'S ACE HARDWARE, INC 115 09/22/2023 298850 $9.69 EPOXY 640.4712.5255 MINER'S ACE HARDWARE, INC 116 09/22/2023 298850 $36.58 BLEACH & SPRAYER 640.4712.5610 MINER'S ACE HARDWARE, INC 117 09/22/2023 298850 $19.01 FASTENERS 220.4303.5603 MINER'S ACE HARDWARE, INC

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 118 09/22/2023 298850 $7.74 PUTTY KNIFE 220.4303.5613 MINER'S ACE HARDWARE, INC 119 09/22/2023 298850 $4.34 CLEANING SUPPLIES-MAGIC ERASER 220.4303.5601 MINER'S ACE HARDWARE, INC 120 09/22/2023 298850 $130.48 (2) AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC 121 09/22/2023 298850 $34.77 (3) TARPS 220.4303.5613 MINER'S ACE HARDWARE, INC 122 09/22/2023 298851 $127.31 HARNESS, TRIMMER GUARD, EDGER 010.4420.5603 NOBLE SAW, INC 123 09/22/2023 298851 $21.74 TUNE UP KIT 010.4420.5603 NOBLE SAW, INC 124 09/22/2023 298852 $33.27 ELECTRIC-WELL#11 352 LA CANADA 640.4711.5402 PACIFIC GAS & ELECTRIC CO 125 09/22/2023 298852 $17,467.23 ELECTRIC-STREET LIGHTS 010.4307.5402 PACIFIC GAS & ELECTRIC CO 126 09/22/2023 298853 $472.00 UNIFORM CLEANING-PD PATROL 010.4203.5303 PARAMOUNT CLEANERS 127 09/22/2023 298853 $44.00 UNIFORM CLEANING-PD SUPPORT SVCS 010.4204.5303 PARAMOUNT CLEANERS 128 09/22/2023 298853 $16.00 UNIFORM CLEANING-PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS 129 09/22/2023 298854 $119.95 09/23 WIFI SVC HUBNER SITE 010.4201.5403 PEAKWIFI LLC 130 09/22/2023 298855 $220.59 Freight 010.4420.5605 PET PICK-UPS 131 09/22/2023 298855 $1,300.00 PET PICK-UP WICKET-10 CASES 010.4420.5605 PET PICK-UPS 132 09/22/2023 298856 $25.00 REFUND-BUSINESS CLASS-DUPLICATE 010.0000.4606 COLLEEN PHELAN 133 09/22/2023 298857 $1,685.10 FTO SOFTWARE SUBSCRIPTION 5/23 010.4204.5607 POWERDMS INC 134 09/22/2023 298858 $15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY 135 09/22/2023 298858 $31.68 STREET DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY 136 09/22/2023 298858 $23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY 137 09/22/2023 298858 $34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY 138 09/22/2023 298858 $22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY 139 09/22/2023 298858 $22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY 140 09/22/2023 298858 $41.03 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY 141 09/22/2023 298859 $50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 JAYNIE QUEZADA 142 09/22/2023 298860 $15.00 08/23 REVERSE OSMOSIS RENTAL 010.4201.5303 RICHETTI COMPLETE WATER 143 09/22/2023 298861 $34.00 ADULT SOFTBALL SCORER 010.4424.5352 MARTINA SARMIENTO 144 09/22/2023 298861 $93.50 ADULT SOFTBALL SCORER 010.4424.5352 MARTINA SARMIENTO 145 09/22/2023 298862 $1,991.00 SART EXAM-AGPD CASE#2301169 010.4201.5324 SLO COUNTY SART PROGRAM 146 09/22/2023 298863 $50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SHERRI SPJUT 147 09/22/2023 298864 $162.68 MARKING PAINT-BLUE 640.4712.5610 STATEWIDE SAFETY & SIGNS INC 148 09/22/2023 298865 ($85.45) CREDIT RETURN-NIPPLES, COUPLING 640.4712.5610 STREATOR PIPE & SUPPLY 149 09/22/2023 298865 $98.60 (3) TOILET SEATS 010.4213.5604 STREATOR PIPE & SUPPLY 150 09/22/2023 298865 $85.60 WELL#7 GATE VALVE 640.4711.5603 STREATOR PIPE & SUPPLY 151 09/22/2023 298865 $9.28 WELL#7-NIPPLE 640.4711.5603 STREATOR PIPE & SUPPLY 152 09/22/2023 298866 $1,027.69 UNIFORMS-PATROL HATS 010.4203.5272 THE TOP SHOP 153 09/22/2023 298867 $585.36 PD-4605 REPAIR 010.4203.5601 TOM'S AUTO SERVICE 154 09/22/2023 298867 $1,079.95 PD-4603 REPAIR 010.4203.5601 TOM'S AUTO SERVICE 155 09/22/2023 298868 $182.33 (100) REFLECTIVE PAVEMENT MARKERS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS 156 09/22/2023 298868 $273.23 (5) 50 # BAGS GLASS BEADS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 157 09/22/2023 298868 $2,030.19 (5) 30X48 SIGNS, (2) STOP PADDLE 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS 158 09/22/2023 298868 $612.67 (5) 30X30 SIGNS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS 159 09/22/2023 298868 $116.10 (5) NO STOPPING SIGNS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS 160 09/22/2023 298869 $75.00 08/23 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK 161 09/22/2023 298870 $973.33 RECYCLE ROAD BASE & CONCRETE 220.4303.5613 TROESH RECYCLING, INC 162 09/22/2023 298871 $46.24 PARTS FOR TORO TITAN 010.4420.5603 TURF STAR, INC 163 09/22/2023 298872 $928.28 PAYROLL FOR: WK END 09/10 -ARMENTA 010.4420.5303 UNITED STAFFING ASSOC. 164 09/22/2023 298872 $928.28 PAYROLL FOR:WK END 9/17-ARMENTA 010.4420.5303 UNITED STAFFING ASSOC. 165 09/22/2023 298873 $17,776.65 08/23 TBID ONLINE MARKETING 240.4150.5301 VERDIN MARKETING INK 166 09/22/2023 298873 $4,000.00 08/23 TBID MARKETING-CCTC CO 240.4150.5301 VERDIN MARKETING INK 167 09/22/2023 298874 $107.84 ACCT#472480460-00002 CITY IPAD 010.4145.5403 VERIZON WIRELESS 168 09/22/2023 298875 $101.52 DOCUMENT SHREDDING SVC 010.4201.5303 VITAL RECORDS CONTROL 169 09/22/2023 298876 $2,644.00 07/23 PROF LEGAL SVCS 640.4710.5575 WHITE BRENNER LLP 170 09/22/2023 298877 $389.26 PPE FOR UTILITY DIVISION 640.4712.5255 WINEMA INDUSTRIAL & 171 09/22/2023 298877 $389.27 PPE FOR UTILITY DIVISION 612.4610.5255 WINEMA INDUSTRIAL & 172 09/22/2023 298878 $50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 FAITH ZENKER 173 09/22/2023 298879 $58.83 UB Refund Cst #00027519 640.0000.2301 GAVIN ANGELLO 174 09/22/2023 298880 $50.64 UB Refund Cst #00028274 640.0000.2301 VACH DARAKDJIAN 175 09/22/2023 298881 $176.84 UB Refund Cst #00027665 640.0000.2301 RUBEN FARIAS 176 09/22/2023 298882 $41.64 UB Refund Cst #00028152 640.0000.2301 DANIEL KISTLER 177 09/22/2023 298883 $13,787.46 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE 178 09/22/2023 298883 $52,020.52 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE 179 09/22/2023 298883 $52,544.18 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE 180 09/22/2023 298884 $20,871.42 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT 181 09/22/2023 298884 $1,894.15 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT 182 09/22/2023 298885 $170.30 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT 183 09/22/2023 298886 $10,901.99 DEFERRED COMPENSATION 011.0000.2117 ICMA RETIREMENT CORP 184 09/22/2023 298886 $183.18 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP 185 09/22/2023 298886 $825.00 DEFERRED COMPENSATION 011.0000.2117 ICMA RETIREMENT CORP 186 09/22/2023 298886 $310.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP 187 09/22/2023 298886 $4,226.35 DEFERRED COMPENSATION - EE %: 011.0000.2117 ICMA RETIREMENT CORP 188 09/22/2023 298887 $603.96 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA 189 09/29/2023 298888 $36.00 BACTI TEST-NEW FIRE HYDRANT 640.4710.5310 ABALONE COAST ANALYTICAL INC 190 09/29/2023 298889 $190.03 Sales Tax 640.4712.6201 AQUA-METRIC SALES CO(DBA) 191 09/29/2023 298889 $2,452.00 (1) Archer 3 Handheld Meter Reader 640.4712.6201 AQUA-METRIC SALES CO(DBA) 192 09/29/2023 298889 $1,048.15 Purchase Water Meters for FY 23/24 640.4712.5207 AQUA-METRIC SALES CO(DBA) 193 09/29/2023 298889 $1,367.38 Purchase Water Meters for FY 23/24 640.4712.5207 AQUA-METRIC SALES CO(DBA) 194 09/29/2023 298889 $30.97 Freight 640.4712.6201 AQUA-METRIC SALES CO(DBA) 195 09/29/2023 298890 $397.61 PW-44 OIL CHG, SVC BRAKES 612.4610.5601 BACK ON THE ROAD AUTOMOBILE

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 196 09/29/2023 298890 $120.58 PW-10 OIL CHG 640.4712.5601 BACK ON THE ROAD AUTOMOBILE 197 09/29/2023 298891 $29,879.49 Building Department Services 010.4212.5303 BPR CONSULTING GROUP LLC 198 09/29/2023 298892 $165.00 PEST CONTROL: PW CORP YARD 010.4213.5303 BREZDEN PEST CONTROL, INC 199 09/29/2023 298893 $2,880.00 06/23 ANNUAL FIRE FUEL REDUCTION 220.4303.5303 CALIFORNIA CONSERVATION CORPS 200 09/29/2023 298893 $5,640.00 06/23 ANNUAL FIRE FUEL REDUCTION 216.4460.5303 CALIFORNIA CONSERVATION CORPS 201 09/29/2023 298894 $6.61 PW-17 BELT 010.4420.5601 CARQUEST AUTO PARTS 202 09/29/2023 298894 $21.86 PW-51 VACTOR FUEL FILTER 612.4610.5601 CARQUEST AUTO PARTS 203 09/29/2023 298894 $78.23 PW-51 VACTOR FILTERS 612.4610.5601 CARQUEST AUTO PARTS 204 09/29/2023 298895 $2,130.00 Production Support Coverage VM 010.4140.5303 CIO SOLUTIONS LP 205 09/29/2023 298895 $710.00 Production Support Coverage~ 010.4140.5303 CIO SOLUTIONS LP 206 09/29/2023 298895 $5,922.00 09/23 MICROSOFT 365 010.4140.5607 CIO SOLUTIONS LP 207 09/29/2023 298895 $4,768.00 09/23 CIO SOLUTIONS SUPPORT 010.4140.5303 CIO SOLUTIONS LP 208 09/29/2023 298895 $90.00 09/23 PROJECT PLAN 3 010.4140.5607 CIO SOLUTIONS LP 209 09/29/2023 298895 $1,480.00 09/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP 210 09/29/2023 298895 $1,544.00 Production Support Cover Vcent 010.4140.5303 CIO SOLUTIONS LP 211 09/29/2023 298895 $14,047.18 Nimble Renewal 3yr 010.4140.5303 CIO SOLUTIONS LP 212 09/29/2023 298896 $157.08 PW-51 FILTERS FOR PONY ENGINE 612.4610.5603 COASTLINE EQUIPMENT(DBA) 213 09/29/2023 298897 $362.81 2022 STREET REPAIRS PLAN SETS 350.5638.7301 CRISP IMAGING 214 09/29/2023 298898 $290.27 PW-44 1 NEW TIRE 612.4610.5601 FIGUEROA'S TIRES 215 09/29/2023 298898 $20.00 PD-4602 TIRE MOUNTING 010.4203.5601 FIGUEROA'S TIRES 216 09/29/2023 298898 $1,580.06 PW-5 -4 NEW TIRES 640.4712.5601 FIGUEROA'S TIRES 217 09/29/2023 298898 $88.00 PD TIRE MOUNTING 010.4203.5601 FIGUEROA'S TIRES 218 09/29/2023 298899 $20,220.00 Program Management - City of AG 010.4307.5303 FILIPPIN ENGINEERING 219 09/29/2023 298899 $18,450.00 Program Management - City of AG 010.4307.5303 FILIPPIN ENGINEERING 220 09/29/2023 298900 $6,632.13 Preparation of the NCMA 2023 RPT 640.4710.5303 GSI WATER SOLUTIONS 221 09/29/2023 298900 $7,038.55 Preparation of the NCMA 2023 RPT 640.4710.5303 GSI WATER SOLUTIONS 222 09/29/2023 298901 $106.08 09/23 PORTABLE TOILET RENTAL 220.4303.5552 HARVEY'S HONEY HUTS 223 09/29/2023 298902 $504.00 CASH FOR GRASS- 504 SQ FT 226.4306.5554 MICHAEL HUFFMAN 224 09/29/2023 298903 $3,806.25 (1) FIRE HYDRANT 640.4712.5610 ICONIX WATERWORKS (US) INC 225 09/29/2023 298903 $437.40 SEWER PIPE, COUPLINGS, MISC SUPPLIES 612.4610.5610 ICONIX WATERWORKS (US) INC 226 09/29/2023 298903 $408.69 SEWER PIPE, COUPLINGS, MISC SUPPLIES 640.4712.5610 ICONIX WATERWORKS (US) INC 227 09/29/2023 298904 $706.77 (10) 5 GALL MARKING PAINT 010.4430.5274 KELLY-MOORE PAINTS 228 09/29/2023 298905 $2,211.30 08/23 PROF FEES-400 W BRANCH 010.0000.2563 KOSMONT & ASSOCIATES INC 229 09/29/2023 298905 $1,456.00 05/23 PROF FEES-400 W BRANCH 010.0000.2563 KOSMONT & ASSOCIATES INC 230 09/29/2023 298906 $1,645.00 Active Transportation Plan 350.5695.7701 KTUA 231 09/29/2023 298906 $5,232.50 Active Transportation Plan 350.5695.7701 KTUA 232 09/29/2023 298907 $1,065.00 90 DAY INSPECTION-PW VEHICLES 220.4303.5601 L. DIESEL MOBILE SERVICE(DBA) 233 09/29/2023 298908 $274,379.48 Construction 640.5973.7001 MAIN LINE ENGINEERING CONSTRTN 234 09/29/2023 298909 $300.00 CPCA TRAINING PER DIEM 4 DAYS 010.4201.5501 MICHAEL MARTINEZ

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 235 09/29/2023 298910 $20.01 ROLLER COVER, FRAME, BUCKET GRID 010.4420.5605 MINER'S ACE HARDWARE, INC 236 09/29/2023 298910 $21.53 BATTERIES 640.4712.5255 MINER'S ACE HARDWARE, INC 237 09/29/2023 298910 $53.29 INSECT SPRAY, SPRAYPAINT, FAUCET 010.4213.5604 MINER'S ACE HARDWARE, INC 238 09/29/2023 298910 $46.32 TAMPER 220.4303.5613 MINER'S ACE HARDWARE, INC 239 09/29/2023 298910 $27.99 (2) 8' LODGEPOLES 010.4420.5605 MINER'S ACE HARDWARE, INC 240 09/29/2023 298910 $80.72 ROLLER COVERS, ROLLER KIT, PLAQUE 010.4420.5605 MINER'S ACE HARDWARE, INC 241 09/29/2023 298910 $25.85 BAR & CHAIN OIL 220.4303.5613 MINER'S ACE HARDWARE, INC 242 09/29/2023 298910 $46.75 25# BAG CEMENT ANCHOR 220.4303.5613 MINER'S ACE HARDWARE, INC 243 09/29/2023 298910 $37.69 TOILET FILL VALVE, FLAPPER 010.4213.5604 MINER'S ACE HARDWARE, INC 244 09/29/2023 298910 $199.87 5 GALL PAINT 010.4213.5604 MINER'S ACE HARDWARE, INC 245 09/29/2023 298910 $72.14 5# CEMENT ANCHOR, TROWEL 220.4303.5613 MINER'S ACE HARDWARE, INC 246 09/29/2023 298911 $8,343.49 comprehensive general plan update 010.4130.5303 MINTIER HARNISH LP 247 09/29/2023 298912 $582.74 COMMUNICATIONS-RADIO REPAIR 010.4204.5606 NICK'S TELECOM (DBA) 248 09/29/2023 298913 $8,677.37 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO 249 09/29/2023 298913 $12.85 ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO 250 09/29/2023 298913 $1,572.92 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO 251 09/29/2023 298913 $2,595.01 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO 252 09/29/2023 298913 $10,628.85 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO 253 09/29/2023 298913 $11,148.88 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO 254 09/29/2023 298914 $600.00 START CHANGE FOR HARVEST FEST MOVIE 010.0000.1033 PETTY CASH 255 09/29/2023 298915 $18.88 PVC CAPS, RISER EXTENSIONS 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC 256 09/29/2023 298916 $2,463.20 cross connections program service 640.4710.5303 SLO COUNTY ENVIRONMENTAL 257 09/29/2023 298917 $17.51 GAS SERVICES-1500 W BRANCH 010.4145.5401 SOCALGAS 258 09/29/2023 298917 $18.74 GAS SERVICES-211 VERNON ST 010.4145.5401 SOCALGAS 259 09/29/2023 298917 $15.53 GAS SERVICES-215 E BRANCH 010.4145.5401 SOCALGAS 260 09/29/2023 298918 $8.81 CITY ACCT-300 E BRANCH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 261 09/29/2023 298918 $254,072.39 08/23 SEWER SERVICES COLLECTION 760.0000.2304 SOUTH SLO COUNTY SANIT DIST 262 09/29/2023 298918 $8.81 CITY ACCT-211 VERNON ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 263 09/29/2023 298918 $8.81 CITY ACCT-SOTO SPORTS COMPLEX 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 264 09/29/2023 298918 $8.81 CITY ACCT-SHORT ST RESTROOMS 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 265 09/29/2023 298918 $8.81 CITY ACCT-1221 ASH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 266 09/29/2023 298918 $8.81 CITY ACCT-211 N HALCYON RD 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 267 09/29/2023 298918 $8.81 CITY ACCT-STROTHER PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 268 09/29/2023 298918 $8.81 CITY ACCT-203 N RENA 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 269 09/29/2023 298918 $8.81 CITY ACCT-127 SHORT ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 270 09/29/2023 298918 $8.81 CITY ACCT-215 E BRANCH ST 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 271 09/29/2023 298918 $8.81 CITY ACCT-RANCHO GRANDE PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 272 09/29/2023 298918 $8.81 CITY ACCT-ELM ST PARK 010.4145.5401 SOUTH SLO COUNTY SANIT DIST 273 09/29/2023 298919 $267.80 SOTO DRINKING FOUNTAIN, FAUCET 010.4430.5605 STREATOR PIPE & SUPPLY

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 274 09/29/2023 298919 $125.29 SMALL TOOLS-PVC CUTTER, SAW 640.4712.5273 STREATOR PIPE & SUPPLY 275 09/29/2023 298920 $633.00 BLD23-000201-REFUND FOR CANCELED PRMT 010.0000.4183 SUNRUN INSTALLATION SERVICES 276 09/29/2023 298920 $210.00 BLD23-000136-REFUND FOR CANCELED PRMT 010.0000.4183 SUNRUN INSTALLATION SERVICES 277 09/29/2023 298920 $210.00 BLD23-000200-REFUND FOR CANCELED PRMT 010.0000.4183 SUNRUN INSTALLATION SERVICES 278 09/29/2023 298920 $210.00 BLD23-000093-REFUND FOR CANCELED PRMT 010.0000.4183 SUNRUN INSTALLATION SERVICES 279 09/29/2023 298920 $210.00 BLD22-000619-REFUND FOR CANCELED PRMT 010.0000.4183 SUNRUN INSTALLATION SERVICES 280 09/29/2023 298920 $280.00 BLD23-000163-REFUND FOR CANCELED PRMT 010.0000.4183 SUNRUN INSTALLATION SERVICES 281 09/29/2023 298921 $363.79 IMPACT SOCKET SETS, HEX ADAPTER 010.4305.5601 TCA TOOLS INC 282 09/29/2023 298921 $363.79 IMPACT SOCKET SETS, HEX ADAPTER 010.4305.5603 TCA TOOLS INC 283 09/29/2023 298922 $500.00 TRAINING -TUITION SHOTGUN BREACH 010.4204.5501 TIER-1 CONCEPTS 284 09/29/2023 298923 $524.56 (5) 30X30 ALUMINUM SIGNS 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS 285 09/29/2023 298924 ($2,669.89) CREDIT FOR TIME & ATTENDANCE MODULE 010.4140.5303 TYLER TECHNOLOGIES INC 286 09/29/2023 298924 ($35,282.47) PARTIAL CREDIT-EDEN SUPPORT 010.4140.5303 TYLER TECHNOLOGIES INC 287 09/29/2023 298924 $115,053.86 5/23-4/24 ENTERPRISE ERP ANNUAL 010.4140.5303 TYLER TECHNOLOGIES INC 288 09/29/2023 298925 ($14.99) CREDIT FOR FRAUD CHRG 010.4421.5303 U.S. BANK 289 09/29/2023 298925 $1,025.84 OTS TRAINING-LODGING 010.4209.5501 U.S. BANK 290 09/29/2023 298925 $15.07 PERSONAL PURCHASE-REIMBURSED CHRGS 010.4201.5501 U.S. BANK 291 09/29/2023 298925 $193.06 COUNCIL MEETING SUPPLIES-JAFFA 010.4001.5201 U.S. BANK 292 09/29/2023 298925 $423.29 SNACK SUPPLIES 010.4425.5259 U.S. BANK 293 09/29/2023 298925 $233.50 SPORTS SUPPLIES-SOFTBALL 010.4424.5257 U.S. BANK 294 09/29/2023 298925 $599.00 TRAINING REGISTRATION 010.4203.5501 U.S. BANK 295 09/29/2023 298925 $3,157.59 CONTRACTUAL SVCS 010.4425.5303 U.S. BANK 296 09/29/2023 298925 $207.88 FUEL 010.4203.5608 U.S. BANK 297 09/29/2023 298925 $554.33 UNIFORMS 010.4203.5272 U.S. BANK 298 09/29/2023 298925 $296.26 RANGE SUPPLIES 010.4204.5255 U.S. BANK 299 09/29/2023 298925 $85.57 SAFETY EQUIPMENT-VEST PLACARD 010.4204.5272 U.S. BANK 300 09/29/2023 298925 $642.07 HARVEST FEST TENT RENTAL-GOT YOU CVRD 010.4424.5252 U.S. BANK 301 09/29/2023 298925 $301.88 SPORTS SUPPLIES-BASKETBALL 010.4424.5257 U.S. BANK 302 09/29/2023 298925 $2.99 OFFICE SUPPLIES- 010.4201.5201 U.S. BANK 303 09/29/2023 298925 $163.40 EMPLOYEE WELLNESS SUPPLIES 010.4201.5303 U.S. BANK 304 09/29/2023 298925 $25.85 RANGE SUPPLIES 010.4204.5255 U.S. BANK 305 09/29/2023 298925 $85.46 LAST DAY OF SUMMER CAMP SUPPLIES 010.4425.5259 U.S. BANK 306 09/29/2023 298925 $144.50 UNIFORMS-SHIRTS 010.4201.5272 U.S. BANK 307 09/29/2023 298925 $608.81 ZOOM MEETINGS 010.4140.5303 U.S. BANK 308 09/29/2023 298925 $116.70 SUPPLIES FOR EMPLOYEE LUNCHEON 010.4145.5508 U.S. BANK 309 09/29/2023 298925 $52.50 AUTHORIZE.NET CC FEES 010.4145.5555 U.S. BANK 310 09/29/2023 298925 $875.00 SO COUNTY CHAMBER ANNUAL DINNER 010.4001.5501 U.S. BANK 311 09/29/2023 298925 $20.70 CENTRAL COAST MSA MEETING 220.4303.5501 U.S. BANK 312 09/29/2023 298925 $102.00 AWWA RECERT STUDY GUIDE 010.4420.5255 U.S. BANK

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 313 09/29/2023 298925 $15.07 OFFICE SUPPLIES 010.4201.5201 U.S. BANK 314 09/29/2023 298925 $938.23 TRAINING-- REGISTRATION & LODGING 010.4204.5501 U.S. BANK 315 09/29/2023 298925 $41.70 RECRUITMENT SUPPLIES 010.4201.5316 U.S. BANK 316 09/29/2023 298925 $12.00 PARKING -SLO CAPRA MEETING 010.4421.5255 U.S. BANK 317 09/29/2023 298925 $155.00 MEMBERSHIP-CPCA 010.4201.5503 U.S. BANK 318 09/29/2023 298925 $149.48 WEBCAMS FOR REC 010.4421.5701 U.S. BANK 319 09/29/2023 298925 $60.35 SSMP TRAINING CLASS SUPPLIES 612.4610.5501 U.S. BANK 320 09/29/2023 298925 $39.30 FACEBOOK AD- SPEC EVENT PROMO 010.4424.5353 U.S. BANK 321 09/29/2023 298925 $119.99 ANNUAL SUBSCRIPTION-CANVA PRO 010.4002.5503 U.S. BANK 322 09/29/2023 298925 $53.10 SMART& FINAL MEETING SUPPLIES 010.4307.5201 U.S. BANK 323 09/29/2023 298925 $150.00 CSMFO BUDGET AWARD APPLICATION 010.4120.5201 U.S. BANK 324 09/29/2023 298925 $185.00 ABPA BACKFLOW RECERT TEST FEE 010.4420.5255 U.S. BANK 325 09/29/2023 298925 $984.15 OFFICE SUPPLIES, FLOWERS FOR EMPLY 010.4201.5201 U.S. BANK 326 09/29/2023 298925 $83.96 FUEL-OTS 010.4209.5501 U.S. BANK 327 09/29/2023 298925 $962.99 GROUNDS MAINT-LUMBER, SAW 010.4201.5605 U.S. BANK 328 09/29/2023 298925 $117.73 EMPLOYEE WELLNESS SUPPLIES 010.4201.5503 U.S. BANK 329 09/29/2023 298925 $64.40 FUEL 010.4204.5608 U.S. BANK 330 09/29/2023 298925 $181.43 OFFICE SUPPLIES 010.4201.5201 U.S. BANK 331 09/29/2023 298925 $47.98 FUEL-OTS 010.4209.5501 U.S. BANK 332 09/29/2023 298925 $40.00 FUEL 010.4201.5608 U.S. BANK 333 09/29/2023 298925 $144.00 OFFICE SUPPLIES-GRAMMERLY 010.4201.5208 U.S. BANK 334 09/29/2023 298925 $608.79 GROUNDS MAINT- 9 CU YDS DG 010.4201.5605 U.S. BANK 335 09/29/2023 298925 $1,727.69 UNIFORMS & EQUIPMENT-TABLET TY 010.4204.5272 U.S. BANK 336 09/29/2023 298925 $25.00 CONTRACT SVCS- GOOGLE DEVELOPMENT 010.4002.5303 U.S. BANK 337 09/29/2023 298925 $190.00 FY23/24 GFOA MEMBERSHIP RENEWAL 010.4120.5503 U.S. BANK 338 09/29/2023 298925 $375.00 SO COUNTY CHAMBER ANNUAL DINNER 010.4101.5501 U.S. BANK 339 09/29/2023 298925 $45.26 CVS-WORK GLASSES 010.4420.5255 U.S. BANK 340 09/29/2023 298925 $177.05 LODGING- BACKFLOW RECERT 010.4420.5501 U.S. BANK 341 09/29/2023 298925 $80.00 PAPA WEBINARS- ROBLES 010.4420.5501 U.S. BANK 342 09/29/2023 298925 $621.64 MAC TOOLS-SOCKETS, BITS, WIRE 010.4305.5273 U.S. BANK 343 09/29/2023 298925 $25.38 WOMEN CLUB FIRST AID SUPPLIES- 010.4421.5354 U.S. BANK 344 09/29/2023 298925 $1,435.74 TRAINING (CPCA) & MEETINGS 010.4201.5501 U.S. BANK 345 09/29/2023 298925 $554.70 INVESTIGATION SUPPLIES 010.4204.5255 U.S. BANK 346 09/29/2023 298925 $1,193.02 TRAINING-REGISTRATION IACP CONF 010.4204.5501 U.S. BANK 347 09/29/2023 298925 $153.55 SUPPLIES FOR EMPLOYEE LUNCHEON 010.4145.5508 U.S. BANK 348 09/29/2023 298925 $58.00 SPEC DEPT SUPPLIES-NEWLETTER 010.4102.5255 U.S. BANK 349 09/29/2023 298925 $381.86 TTC TRAINING LODGING-LANSBURGH 010.4002.5501 U.S. BANK 350 09/29/2023 298925 $5.39 OFFICE MAX-CALCULATOR 010.4420.5255 U.S. BANK 351 09/29/2023 298925 $34.34 MISAC B'FAST MEETING 010.4140.5501 U.S. BANK

CITY OF ARROYO GRANDE

CHECK LISTING
SEPTEMBER 16 - 30, 2023
ATTACHMENT 1
Line Check Date Check # GL Amount Description Acct # Vendor Last Name 352 09/29/2023 298925 $48.90 HOME DEPOT- TOOL ORGANIZER 010.4305.5601 U.S. BANK 353 09/29/2023 298925 $20.59 MEAL- BACKFLOW RECERT 010.4420.5501 U.S. BANK 354 09/29/2023 298925 $314.12 TEAMS PHONE LICENSES, CALLING PLAN 010.4140.5303 U.S. BANK 355 09/29/2023 298926 $9,672.35 JULY & AUGUST SOCCER CAMPS 010.4424.5351 UK INT'L SOCCER CAMPS INC 356 09/29/2023 298926 $4,385.95 06/12-06/16 & 06/26-06/30 SOCCER 010.4424.5351 UK INT'L SOCCER CAMPS INC 357 09/29/2023 298927 $841.87 TRENCH SHIELD RENTAL 612.4610.5552 UNITED RENTALS INC 358 09/29/2023 298928 $441.36 ACCT#208620661-00003 PD CELL PHONES 010.4201.5403 VERIZON WIRELESS 359 09/29/2023 298929 $1,106.85 FOG PROGRAM ADMINISTRATION & IMPL 612.4610.5303 WALLACE GROUP A CALIF CORP 360 09/29/2023 298929 $1,957.75 FOG PROGRAM ADMINISTRATION & IMPL 612.4610.5303 WALLACE GROUP A CALIF CORP 361 09/29/2023 298930 $135.00 PD-TANKLESS WATER HEATER REPAIR 010.4430.5303 WATERBOYS PLUMBING 362 09/29/2023 298931 $687.62 COPY MACHINE LEASE PYMT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL 363 09/29/2023 298932 $328.84 SAFETY SUPPLIES FOR PW 612.4610.5255 WINEMA INDUSTRIAL & 364 09/29/2023 298932 $190.00 CALIBRATE GAS DETECTOR 612.4610.5603 WINEMA INDUSTRIAL & 365 09/29/2023 298932 $82.02 FIRST AID SUPPLIES 612.4610.5255 WINEMA INDUSTRIAL & 366 09/29/2023 298932 $328.84 SAFETY SUPPLIES FOR PW 640.4712.5255 WINEMA INDUSTRIAL & 367 09/29/2023 298932 $82.01 FIRST AID SUPPLIES 640.4712.5255 WINEMA INDUSTRIAL & 368 09/29/2023 298933 $678.92 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE 369 09/29/2023 298934 $3,003.60 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN 370 09/29/2023 298935 $3,740.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS 371 09/29/2023 298936 $43.90 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD 372 09/29/2023 298937 ($31.10) MISC ADJ 011.0000.2106 PERS - RETIREMENT 373 09/29/2023 298937 ($0.06) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT 374 09/29/2023 298937 $117.11 PERS BUYBACK - AFTER TAX: Payment 011.0000.2106 PERS - RETIREMENT 375 09/29/2023 298937 $1,205.83 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT 376 09/29/2023 298937 $38,774.14 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT 377 09/29/2023 298937 $54,375.69 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT 378 09/29/2023 298938 $1,587.28 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620 $1,258,711.45

ATTACHMENT 2
.

General Fund 363,398.15 5101 Salaries Full time 229,359.49 Streets Fund 21,406.76 5101 Volunteer Employee Retirement - Sewer Fund 10,388.75 5102 Salaries Part-Time - PPT 3,953.32 Water Fund 22,222.34 5103 Salaries Part-Time - TPT 9,409.50 417,416.00 5105 Salaries OverTime 11,351.50
5106 Salaries Strike Team OT -
5107 Salaries Standby 2,057.60
5108 Holiday Pay 21,352.73
5109 Sick Pay 6,485.91
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 9,111.38 5113 Vacation Pay 7,895.04
Public Works - Maintenance 1,182.36 5114 Comp Pay 2,257.78 Public Works - Enterprise 1,057.76 5115 Annual Leave Pay 7,113.52 Recreation - Administration - 5116 Salaries - Police FTO - Recreation - Special Events - 5121 PERS Retirement 35,704.83 Children In Motion - 5122 Social Security 22,432.73
5123 PARS Retirement 120.80 11,351.50
5126 State Disability Ins. 937.91
5127 Deferred Compensation 700.00
5131 Health Insurance 48,978.70
5132 Dental Insurance 2,835.68
5133 Vision Insurance 773.16
5134 Life Insurance 376.81
5135 Long Term Disability 596.94
5137 Leave Payouts 559.15
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 637.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 200.40
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,175.00
417,416.00
OVERTIME BY DEPARTMENT:

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
09/01/2023 - 09/14/2023
9/22/2023

BY FUND BY ACCOUNT

1 Item 9.b.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
October 10, 2023, 6:00 p.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council
Member Guthrie, Council Member Secrest
Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, Interim City Manager Bill Robeson,
Community Development Director Brian
Pedrotti, City Engineer Shannon Sweeney,
Administrative Services Director Nicole
Valentine
This meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________

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

2. ROLL CALL
City Clerk Matson took roll call.

3. MOMENT OF REFLECTION

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

5. AGENDA REVIEW

5.a Closed Session Announcements
None.

5.b Ordinances read in title only
Moved by Mayor Ray Russom
Seconded by Mayor Pro Tem Barneich

2 Item 9.b.

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

Passed

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Recognizing Arroyo Grande High School Water Polo Coach Steven Allen
Mayor Ray Russom read the Honorary Proclamation Recognizing Arroyo Grande Water Polo Coach Steven Allen. Steven Allen accepted the proclamation.

Mayor Ray Russom invited public comment. Speaking from the public were Kayla, Brooklyn, Brandy Pasquini, Glenn Martin, No Name Provided, Eric Marsh, Sage, Miles Whitfield, and Andy Burnette.

No action was taken on this item.

Mayor Ray Russom called for a brief break from 6:27 p.m. to 6:35 p.m.

6.b Interim City Manager Communications
Interim City Manager Robeson provided an update regarding the General Plan Update Workshop held on October 5th and the City's new mobile app. City Engineer Sweeney provided an update regarding the Fair Oaks Waterline Project, Concrete Repairs Project, Tally Ho Frontage Improvements Project, Public Safety Camera Project, and Swinging Bridge Retrofit Project.

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 Gaea Powell, Alexandria, and Kacey Collins.

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

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

Moved by Mayor Pro Tem Barneich
Seconded by Council Member George

3 Item 9.b.

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

9.a Consideration of Cash Disbursement Ratification
1) Ratified the attached listing of cash disbursements for the period of September 1 through September 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 attached report listing investment deposits of the City of Arroyo Grande as of August 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.)

9.c Consider Adoption of an Ordinance Updating Chapter 3.08 of the City’s Municipal Code Related to Purchasing
1) Adopted an Ordinance of the City Council of Arroyo Grande, Amending Arroyo Grande Municipal Code Chapter 3.08 of Title 3 to Update the City’s Purchasing System; 2) Determined that ratifying the Ordinance Adoption 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 Approval of Minutes
Approved the minutes of the Regular City Council Meeting of September 26, 2023, as submitted.

9.e Consideration of Cancellation of the December 26, 2023 City Council Meeting Canceled the regularly scheduled Council meeting of December 26, 2023, due to the holidays.

9.f Consideration of Adoption of an Ordinance to Reduce the Speed Limit on Tally Ho Road 1) Adopted the Ordinance authorizing a speed limit reduction on Tally Ho Road between James Way and Highway 227 from 35 mph to 30 mph and 2) Made 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.)

4 Item 9.b.

9.g Consideration of Agreement for Contractor Services for Arroyo Grande Creek Fallen and Undermined Tree, Debris Removal;
1) Authorized the City Manager to execute the agreement for Contractor Services with Bunyon Brothers Tree Care, Inc. for Arroyo Grande Creek fallen and undermined tree and debris removal; and 2) Made findings that the entire Project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15269 and Executive Order No. N-10-23 and direct staff to file a Notice of Exemption for this project.

9.h Consideration of Temporary Use Permit 23-009 Authorizing Temporary Closure of Branch Street for Halloween in the Village from 3:00 PM to 7:00 PM Tuesday, October 31, 2023; 1) Adopted a Resolution approving Temporary Use Permit 23-009 authorizing the closure of East and West Branch Streets to accommodate Halloween in the Village; and 2) Determined that this project is categorically exempt per Section 15304(e) of the CEQA Guidelines regarding minor temporary uses of land.

9.i Consideration of Temporary Use Permit 23-010 Authorizing Use of Heritage Square Park for the 2023 Arroyo Grande Beer and Wine Festival;
1) Adopted a Resolution approving Temporary Use Permit 23-010 authorizing the use of Heritage Square Park for the 2023 Arroyo Grande Beer and Wine Festival; and 2) Determined that this project is categorically exempt per Section 15304(e) of the CEQA Guidelines regarding minor temporary uses of land.

10. PUBLIC HEARINGS
None.

11. OLD BUSINESS
None.

12. NEW BUSINESS

12.a Discussion of Formula Businesses in the Arroyo Grande Village Community Development Director Pedrotti presented the staff report and recommended Council review staff's draft ordinance, receive public comment, and provide direction to staff. Director Pedrotti provided a revised map to Council. Staff responded to questions from Council.

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

Council discussion ensued regarding legally non-confirming businesses, impacts on small businesses, and the draft ordinance. City Attorney Rosen provided legal clarification regarding the draft ordinance. Council requested staff provide clarification in the ordinance regarding a legally non-conforming designation when a business is sold.

Moved by Council Member Guthrie
Seconded by Mayor Pro Tem Barneich

5 Item 9.b.
1) Direct staff to bring back the Ordinance for Council consideration, eliminating the restaurant and retail exceptions; 2) Explore increasing the number of establishments that define a "formula business;" 3) Add "services" to list of definition of businesses; and 4) Remove "limited to" from list of types of businesses.

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

13. COUNCIL COMMUNICATIONS
Council Member Guthrie requested an update on the Safe Parking Ordinance.

14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 8:20 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

Item 9.c.

MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Interim Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: October 24, 2023
SUMMARY OF ACTION:

The update reports the City’s total water supply and demand for September 2023. Current Lopez Reservoir level and projected levels are provided in the attachments.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Approximately two (2) hours of staff time is required to prepare the report.

RECOMMENDATION:

Receive and file the Monthly Water Supply and Demand Update.

BACKGROUND:

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

The City of Arroyo Grande’s water entitlements are calculated on a water year that begins April 1st. The current water supply for water year 2023/2024 includes 2,290 Acre Feet from Lopez Reservoir, 1323 Acre Feet of groundwater entitlement from the Santa Maria River Groundwater Basin, and 160 Acre Feet from the City’s wells that draw from the Pismo formation.

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

In September 2023, the City’s water use was 197.1 Acre Feet with a per capita use of 119 gallons per day/per person. The residential per capita use was 92 gallons per day/per person. There was a total of 0 inches of rainfall in the City in September 2023.

The rainfall total at the City Corporation Yard gauge for the season of 2023/2024 is 0 inches.

Item 9.c.

City Council
Monthly Water Supply and Demand Update
October 24, 2023

ANALYSIS OF ISSUES:

The United States Drought Monitor, as of October 9, 2023, shows San Luis Obispo County is not in a drought. Rainfall for the period of July 1, 2023, through September 30, 2023, is 0 inches at the Corporation Yard rain gauge. Lopez Lake is 96% (47,428 Acre Feet) as of October 9, 2023.

The deep well index for the third quarter of 2023 was completed on July 6, 2023, and is

11.57 feet above sea level, which is 4.7 feet above the threshold value. The current deep well index is 0.66 feet lower than April 2023, and 6.23 feet higher July 2022.

ALTERNATIVES:

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

1. Receive and file the report, or

2. Provide other directions to staff.

ADVANTAGES:

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

DISADVANTAGES:

No disadvantages noted at this time.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Monthly Operations Report

2. Lopez Reservoir Storage Projection

3. Yearly Water Use Supply & Demand

4. Deep Well Index Levels

Attachment 3
165.3
197.1
100
119
0 50
100
150
200
250
Sep-22 Sep-23
Monthly Water Use Comparison
Acre Feet Usage (gpcd)

HISTORICAL THIRD QUARTER DEEP WELL INDEX LEVELS
Northern Cities Management Area
San Luis Obispo County, California
P:\Portland\672-Northern Cities Management Area\_Grapher Figures\Quarterly Rpt Figs Fig 6 NCMA_Q3_Deep_Well_Index_v2.gpj 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 -5
0 5
10 15
20 Water Elevation, feet NAVD88 Deep Well Index
Threshold: 7.5 feet FIGURE 6
Deep Well Index is the synoptic average of groundwater elevations in the deep wells of Sentry Well clusters 24B, 30F, and 30N. "Approximate" Deep Well Index elevations are based on
non-synoptic measurments, made during the same quarter.

Attachment 4

Item 10.a.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design DATE: October 24, 2023
SUMMARY OF ACTION:

Following a public hearing, consider staff’s recommended denial of the request of the property owner to drill and install a new domestic well at an unaddressed property on Noyes Road (APN: 007-781-055) northeast of the intersection of Noyes Road and Equestrian Way.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no direct funding impact anticipated as a result of this denial. If the application is denied, the applicant will alternatively have the option to connect to City services, which will require staff time to process the connection application. If the application is approved, staff time will be required to finalize the well permit. Both options will require applicant fees to offset staff time.

RECOMMENDATION:
1) Adopt a Resolution denying the request by Michael Harris to drill and install one (1) new domestic well on an unaddressed property on Noyes Road (APN: 007-781-055) northeast of the intersection of Noyes Road and Equestrian Way; and 2) Determine that the installation of a domestic water well is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.).

Item 10.a.

City Council
Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
October 24, 2023

BACKGROUND:

The City received a request from property owner Michael Harris, who is seeking approval to drill a well at the subject parcel in order to provide domestic/drinking water to a future proposed residence. If allowed, the proposed well would be drilled to a depth of four hundred feet (400’), depending on the depth of permeable sands. The well is proposed to pump at about 10-20 gallons per minute (gpm). The proposed well meets the City’s definition of an individual domestic well because it is a single well used to supply water for the domestic needs of an individual residence.

ANALYSIS OF ISSUES:

Arroyo Grande Municipal Code (AGMC) Chapter 13.08 requires Council to consider, in its discretion, approval for new or replacement wells or abandonment of existing wells.

Approval to drill a well within the City boundaries may be granted if the Council determines: 1) the well will neither deplete nor contaminate the City water supply; and 2) service from the City’s water system is neither practical nor feasible.

Depletion or Contamination
The applicant’s proposed location for the well is on the subject property northeast of the intersection of Noyes Road and Equestrian Way. Any well proposal would be required to submit verification that the well is located at least one-hundred feet (100’) from septic

Item 10.a.

City Council
Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
October 24, 2023

system areas, which would also be confirmed by County Environmental Health.

Additionally, any new well would be conditioned to be metered to determine annual usage. The well site is outside of the adjudicated Santa Maria Groundwater Basin and is located in the Los Robles Aquifer. The closest City well is located about 2,800 feet away southwest of the proposed well site. Because the proposed well would not tap the same aquifer tapped by the City’s wells, staff’s determination is that there is no anticipated interference or depletion to the City’s system from the requested well. However, staff does not believe the well application meets the second required prong, as described in additional detail below.

Practicality and Feasibility of Connecting to the City’s Water System It is important to highlight that, in determining the practicality and feasibility for a domestic water service connection, City staff reads the practicality and feasibility test as one based on whether the City is reasonably able to provide a domestic water service connection from the City water service line to the private property boundary. The City does not believe the second of the two approval criteria should be based upon the private property owner’s costs associated with installing domestic water service, nor should it be based on the topography of the site. The applicant has provided a groundwater feasibility analysis that examines the local conditions and finds that developing a groundwater well to serve the subject property is feasible from a hydrological perspective, which is included as an exhibit to this agenda item.

Staff has determined that it is both feasible and practical for the City to connect the City’s water supply to the subject property. The subject parcel is immediately adjacent to the City’s Reservoir No. 5, which is a 1.2 million gallon above-ground storage tank. The City’s Utilities Manager has stated that a residential water service connection can be made directly to the City owned main water line from the tank and a connection placed to the applicant’s property line with a standard water meter on their property.

As described above, Section 13.08 of the AGMC provides that the City Council may approve a well if “service from the city water system is neither practical nor feasible”. This connection would be approximately 50 feet in length along generally level land with minimal surface restrictions, which staff has determined is both practical and feasible for the City to provide to the applicant’s property. In contrast to City staff’s determination, the applicant has argued that this connection is neither practical nor feasible, citing that the location of their preferred building site on the property is approximately 600-800 feet from the reservoir, depending on the trenching route, and would involve grading through steeper slopes and sensitive oak trees. However, the City is not responsible for the proposed location of residential structures on a property – that is proposed by an applicant and ultimately reviewed by the City to ensure any municipal code requirements are met, such as setbacks, height, and health and safety standards contained in the California

Item 10.a.

City Council
Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
October 24, 2023

Building Standards Code. The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.

Other Sites with Wells in City
The City Council approved the establishment of an agricultural well for the property adjacent to the subject site (APN 007-781-056) in December 2017 (see Attachment 3).

This well was approved for agricultural purposes (crop irrigation and/or livestock watering) as the City does not provide agricultural water and had no such service connections. That approval for an agricultural well has since expired and was never constructed.

The City Council also approved wells for properties on Easy Street at the northern end of the City, with the most recent approval for 575 Easy Street in January of 2021 (see Attachment 4). The City determined that it was neither practical nor feasible to extend services to these properties because the nearest City waterlines are over 1,000 feet away and cross multiple private properties and open space to reach Easy Street. Connection to the City’s water system in this case was determined to be infeasible because multiple private property owners would be required to grant an easement to the owner of 575 Easy Street. This is in contrast with the current applicant’s situation, where applicant’s property is adjacent to City property and no easements/agreements with other private property owners are required to connect services. Because of the proximity of the City’s above

Item 10.a.

City Council
Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
October 24, 2023

ground reservoir, staff finds that a connection to the City’s system is both practical and feasible and should be required.

ALTERNATIVES:

1. Adopt the Resolution denying the installation of one (1) new domestic supply well;

2. Reject staff’s recommendation denying the installation of one (1) new domestic supply well; or

3. Provide other direction to staff.

ADVANTAGES:

Denial of the application will prevent the applicant from drilling a well on the property for domestic use, consistent with City policy to ensure that properties within the City will connect to the system when it is practical and feasible to do so.

DISADVANTAGES:

None identified.

ENVIRONMENTAL REVIEW:

In compliance with the California Environmental Quality Act (CEQA), it has been determined that the installation of a domestic water well is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.). This project falls within the Class 3 exemption because approval of the project would result in the installation of a small well structure. In the alternative, if the application is denied, the item does not qualify as a “project” under 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.A public hearing notice was published in the Tribune on October 13, 2023.

Attachments:

1. Proposed Resolution

2. Groundwater Feasibility Report, Infeasibility Statement and Application

3. Resolution 4830 – Agricultural Well for APN 007-781-055

4. Resolution 5054 – Domestic Well for 575 Easy Street

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DENYING WITH PREJUDICE THE
INSTALLATION OF ONE (1) NEW DOMESTIC SUPPLY WELL
ON PROPERTY ZONED PLANNED DEVELOPMENT; LOCATED

NORTHEAST OF THE INTERSECTION OF NOYES ROAD AND
EQUESTRIAN WAY (APN: 007-781-055); APPLIED FOR BY

MICHAEL HARRIS AND FINDING THE ACTION EXEMPT FROM
CEQA
WHEREAS, Michael Harris has submitted an application (see Exhibit A) to drill and install one (1) new domestic supply well at a property on an unaddressed parcel on Noyes Road in Arroyo Grande (“Well Application”); and
WHEREAS, Municipal Code Chapter 13.08 requires City Council review and approval of all new or replacement wells; and
WHEREAS, based upon the distance from existing water infrastructure, the City Council finds that service from the City’s water system is both practical and feasible; and
WHEREAS, it has been determined that the installation of domestic water well is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.). This project falls within the Class 3 exemption because approval of the project would result in the installation of a small well structure.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby incorporates the recitals herein in full and denies with prejudice the application to drill and install one (1) new domestic supply well at an unaddressed property on Noyes Road (APN: 007-781-055), subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.

Specifically, the City Council finds that pursuant to Arroyo Grande Municipal Code Chapter 13.08, the following required finding cannot be made with respect to the Well Application: “service from the City’s water system is neither practical nor feasible.” The City Council finds that it is both feasible and practical for the City to connect the City’s water supply to the subject property. The subject parcel is immediately adjacent to the City’s Reservoir No. 5, which is a 1.2 million gallon above-ground storage tank.

A residential water service connection can be made directly to the City owned main

RESOLUTION NO.

PAGE 2
water line from the tank and a connection placed to the applicant’s property line with a standard water meter on their property.

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

AYES:

NOES:

ABSENT:

The foregoing Resolution was passed and adopted this 24th day of October 2023.

RESOLUTION NO.

PAGE 3
_________________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
________________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________

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

ISAAC ROSEN, CITY ATTORNEY

RESOLUTION NO.

PAGE 4

EXHIBIT A

RESOLUTION NO.

PAGE 5

RESOLUTION NO.

PAGE 6

RESOLUTION NO.

PAGE 7

RESOLUTION NO.

PAGE 8

November 8, 2022
Mike Hanis
Cleath=Harris Geologists, Inc.
75 Zaca Lane, Suite 110
San Luis Obispo, CA 93401
(805) 543-1413
Subject: Well Impact Evaluation
Proposed Private Well in City of Arroyo Grande
APN 007-781-055
Dear Mr. Han-is:

CHG
Per your request, Cleath-Hanis Geologists has performed a Well Impact Evaluation to address requirements for the City of Anoyo Grande.

The proposed domestic well would serve a residence and ADU on parcel APN 007-781-055. The parcel is located in the n01them corner of the City and is not cmTently served by City utilities.

Two potential sites for the residence and ADU are under consideration. One building site is about 700 feet to the west at an elevation of230 feet (approximate coordinates of 35.145369, - 120.590831) and the other building site is about 630 feet from the water tank at an elevation of 265 feet (approximate coordinates of 35.143869, -120.89374).

Water demand for the proposed residence and ADU is estimated at about 2 acre-feet, a po1tion of which would be percolated back into the groundwater via a leachfield and landscape nTigation deep percolation.

CITY PRIVATE WELL ORDINANCE
Anoyo Grande Municipal Code Chapter 13.08 requires the City Council approve new or replacement wells or abandonment of existing wells. Approval to drill a well may be granted if the Council determines that (1) the well will neither deplete nor contaminate the City water supply and (2) service from the City's water system is either not practical or not feasible.

PROPOSED WELL DESIGN AND CONSTRUCTION
The siting and design of the proposed well will be requiI·ed to meet State, County and City regulations. Figure 1 from a CHG 2017 study of the propeity shows the proposed location of the well. The well will be located so as to maintain setbacks from on-site wastewater facilities (150 feet) and prope1ty boundaries (10 feet). A 50-foot annular well seal should be placed according to State of California water well standards.

Well impact evaluation 11/8/2022

CITY OF ARROYO GRANDE

COMMUNITY DEVELOPMENT DEPARTMENT

MINOR PROJECT APPLICATION

II PROJECT DESCRIPTION
Street Address: 0 NOYES RD Zoning: Planned
Development
Assessor Parcel No.: 007781055 Parcel Size: 26.54
acre
General Plan Land use Designation:

Legal Description of Existing Lot: CY AG PM 28-85 PTN LT 11 Building Sizes in Square Feet:

E i ting
no buildings
currently
exist on the
property
Propo ed To be
determined
Describe the Proposed Project in Detail. For Vacation Rental applications, please include the emergency contact person's name, address and phone number below:

Drilling of a water well for future dome tic u e

CITY OF ARROYO GRANDE

COMMUNITY DEVELOPMENT DEPARTMENT

MINOR PROJECT APPLICATION
III. COMPLETE THIS SECTION FOR LARGE FAMILY DAY ACRE PERMITS, PLOT PLAN REVIEWS, AND

TEMPORARY USE PERMITS ONLY NOT REQUIRED FOR SHORT TERM RENTAL APPLICATIONS (VACATION RENTALS AND HOMESTAYS).
1 Indicate the propo ed hour of operation (DAYS AND TIMES) 2 E timate the number of employee
Total: Maximum Shift: Time of Maximum Shift:

3. Indicate the number of patrons, clients, customers, etc. anticipated:

Average per day: Peak Hours:

4. Number of off street parking spaces to be provided: (if applicable show breakdown as to use) Total: Garage (enclosed): Covered: Open:

5. Describe any night-time lighting that will be provided, including the type of lighting to be installed:

IV. COMPLETE THIS SECTION FOR CERTIFICATES OF COMPLIANCE, LOT LINE ADJUSTMENTS, AND LOT

MERGERS ONLY
Number of e i ting lot
Size of e i ting lot (in quare feet)
Number of propo ed lot
Size of propo ed lot (in quare feet)

CITY OF ARROYO GRANDE

COMMUNITY DEVELOPMENT DEPARTMENT

MINOR PROJECT APPLICATION
V. COMPLETE THIS SECTION FOR ALL PROJECTS
Due to recent interpretation and legal amendments to the Political Reform act of 1974, the City needs to be aware of all entities (i.e. corporations, lending institutions, etc. or individuals that may have a financial interest in the proposed project. All LLCs shall provide relevant Articles of Incorporation in order to disclose all financially interested entities. Please complete the following certification and provide your signature:

The following entities and/or indivduals have financial interest in this project:

APPLICANT/REPRESENTATIVE:

I certify under penalty of perjury that the foregoing statements and answers herein made and all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that the submittal of incorrect or false information is grounds for invalidation of application completeness determination or approval. I understand that the city might not approve what I am applying for, or might set conditions of approval.

Signed Date
PROPERTY OWNER/AUTHORIZED AGENT:

I certify under penalty of perjury that I am the owner of the property that is the subject of this application and consent to its filing. (If signed by the authorized agent, a letter from the property owner must be provided indicating that the agent is authorized to act on his/her behalf.)
Signed Date

RESOLUTION NO. 4830

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING AN APPLICATION BY

DARREN SHETLER TO INSTALL A TEMPORARY IRRIGATION

WELL FOR AGRICULTURAL PURPOSES ON A PROPERTY
ZONED PLANNED DEVELOPMENT; APN 007- 781- 55; NOYES

ROAD, ARROYO GRANDE
WHEREAS, Darren Shetler has submitted an application to drill a temporary well for interim agricultural use at property on Noyes Road in Arroyo Grande; and WHEREAS, Municipal Code Chapter 13.08 requires City Council review and approval of all new or replacement wells; and
WHEREAS, based upon studies submitted by the Cleath- Harris Geologists, Inc. dated November 9, 2017, the City Council finds the proposed well will neither deplete nor contaminate the City water supply; and
WHEREAS, based upon the interim agricultural use and the distance from existing City water infrastructure, the City Council finds that service from the City' s water system is neither practical nor feasible..

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the application to drill and install an irrigation well at Noyes Road, subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.

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

AYES: Council Members Brown, Barneich, Harmon, Ray, and Mayor Hill NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
12th
day of December, 2017.

ATTACHMENT 3

RESOLUTION NO. V830
PAGE 2
i I

JI ILL, MAYOR
I
ATTEST:
b.. . . . , 1. . eL' I
KELLY ET/ 0 RE, CITY CLERK
APPROVED AS TO CONTENT:

Ilik.
tfrakikp JAME, = - MAN, CITY MANAGER iii
APPROVED AS TO FORM:.

HEATHER WHITHAM, CITY ATTORNEY

RESOLUTION NO. 4830
PAGE 3
EXHIBIT " A"

CONDITIONS OF APPROVAL FOR A TEMPORARY

TESTIRRIGATION WELL

DARREN SHETLER/ AGC HOLDING CORPORTATION
APN 007-781- 055 and -056 NOYES ROAD
GENERAL CONDITIONS:

1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project.

2. The event shall occur in substantial conformance with the application and plans on file in the Public Works Department.

3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney fees, with the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/ her obligations under this condition.

4. The irrigation meter serving APN 007- 781- 056 shall be abandoned.

5. Results from well tests for the purposes of installation of an agricultural irrigation well outlined in the Cleath- Harris Geologists, Inc. Well Impact Discussion shall be reported to the City prior to well operation.

6. The applicant shall install a meter on the well head and report annual pumping amount to the City by December 31st
of each year.

7. An approved backflow device shall be installed per City standard on the water meter service.

RESOLUTION NO. 4830
PAGE 4

8. This approval is to install a temporary well for on- site interim agricultural purposes and is valid for five ( 5) years. If so directed by the City in the event a permanent well approval is not obtained within five ( 5) years, the applicant shall abandon the well and supply the Public Works Department with a letter stating said abandonment by the County of San Luis Obispo Public Health Department.

9. A copy of the well/ driller report required by the provisions of Section 13751 of the Water Code of the State shall be submitted to the Public Works Department upon completion of the construction of the well.

OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4830 was passed and adopted at a regular meeting of the. City Council of the City of Arroyo Grande on the 12th
day of December, 2017.

WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 18th day of December, 2017.
adata0Le
KELLY ET • RE, CITY CLERK

RESOLUTION NO. 5054

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING THE INSTALLATION OF ONE ( 1) NEW

DOMESTIC SUPPLY WELL ON PROPERTY ZONED RESIDENTIAL
ESTATE; LOCATED AT 575 EASY STREET; APPLIED FOR BY

LOUIS MOSCARDI
WHEREAS, Louis Moscardi has submitted an application to drill and install one ( 1) new domestic supply well at 575 Easy Street in order to supply water to 580 Easy Street in Arroyo Grande; and
WHEREAS, Municipal Code Chapter 13. 08 requires City Council review and approval of all new or replacement wells; and
WHEREAS, the City Council finds the proposed domestic supply well will neither deplete nor contaminate the City water supply and is needed to serve the property to satisfy health and safety needs; and
WHEREAS, based upon the distance from existing water infrastructure, the City Council finds that service from the City' s water system is neither practical nor feasible.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves the application to drill and install one ( 1) new domestic supply well at 575 Easy Street in order to supply water to 580 Easy Street, subject to the conditions as set forth in Exhibit " A", attached hereto and incorporated herein by this reference.

On motion of Mayor Ray Russom, seconded by Council Member Storton, and by the following roll call vote, to wit:

AYES: Mayor Ray Russom, Council Members Storton, George, Barneich, and Paulding NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 12th day of January 2021.

ATTACHMENT 4

RESOLUTION NO.

PAGE 2

CAREN RA SSOM, MAY R
AT
17)
1 ANNAMARIE PORTER, INTERIM CITY CLERK
APPROVED AS TO CONTENT:
4nt4,k
r/
WHITNE w cDONA D, CITY MANAGER
APPROVED AS TO FORM:

TIMOTH J. CARMEL - w' ATTORNEY

RESOLUTION NO. 5054
PAGE 3
EXHIBIT " A"

CONDITIONS OF APPROVAL
ONE ( 1) NEW DOMESTIC SUPPLY WELL
575 EASY STREET
GENERAL CONDITIONS:

1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project.

2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department office.

3. The applicant shall comply with all the conditions of the City Council Resolution adopted on January 12, 2021, as well as the terms, conditions, and standards specified in the written permit issued by the County of San Luis Obispo Public Health Department.

4. The applicant shall agree to defend, indemnify and hold harmless the City, its agents, officers, and employees harmless, at its sole expense from any action brought against the City, its agents, officers, or employees because of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney' s fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of their obligations under this condition.

5. This approval shall expire on January 12, 2023, unless a drilling permit is obtained from the County of San Luis Obispo Public Health Department. Time extensions may be requested in conformation with the Arroyo Grande Municipal Code.

6. The applicant shall install a meter on the well heads and report annual pumping amounts to the City Public Works Department by December 31st of each year.

7. An approved backflow device shall be installed per City standard on the water meter service.

8. A copy of the well/ driller report required by the provisions of Section 13751 of the Water Code of the State shall be submitted to the Public Works Department upon completion of the construction of the well.

RESOLUTION NO. 5054
PAGE 4

9. The applicant shall obtain permits for all electrical connections required for the new well pumps.

10. The applicant shall record a water well easement in favor of the property located at 580 Easy Street prior to connecting the well to 580 Easy Street.

11. The applicant shall produce survey verification that the distance of the well to any septic system ( leach field) is greater than 100 feet to the satisfaction of the Director of Public Works.

12. The applicant shall ensure the recordation of an easement or other agreement on title at 575 Easy Street addressing the use and maintenance of the well, its pipelines, and all appurtenances, and benefitting the property located at 580 Easy Street. The form of easement or agreement shall be reviewed and approved by the City.

OFFICIAL CERTIFICATION
I, ANNAMARIE PORTER, Interim City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5054 was passed and adopted at a regular meeting of the City Council/ Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency of the City of Arroyo Grande on the 12th day of January, 2021.

WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of January, 2021. (

ANNAMARIE PORTER, INTERIM CITY CLERK

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Supplemental Information
DATE:

Agenda Item 10.a. – October 24, 2023 City Council Meeting Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design October 24, 2023
Attached is correspondence received for the above reference item. cc: Interim City Manager
City Attorney
City Clerk
Community Development Director
City Website and Public Review Binder
Enc

From: Marsha Burch
To: Jessica Matson; Brian Pedrotti
Cc: [email protected]
Subject: Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design Date: Tuesday, October 24, 2023 11:10:24 AM
Attachments: 2023.10.24 Ltr Arroyo GrandeHarris Application .pdf Harris Report.pdf
IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender [email protected]
Please see attached letter regarding the above-referenced Project. -Marsha
131 S. Auburn Street
Grass Valley, CA 95945
530/272.8411
fax: 530/272.9411
[email protected]
https://www.marshaburchlawoffice.com

THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS CONFIDENTIAL AND INTENDED TO BE SENT ONLY TO THE STATED RECIPIENT OF THE TRANSMISSION. IT MAY

THEREFORE BE PROTECTED FROM UNAUTHORIZED USE OR DISSEMINATION BY THE ATTORNEY-CLIENT AND/OR ATTORNEY WORK-PRODUCT PRIVILEGES. If you are not the intended recipient or the intended recipient's agent, you are hereby notified that any review, use, dissemination, distribution or copying of this communication is strictly prohibited. You are also asked to notify us immediately by telephone at 530/272.8411 or reply by e-mail and delete or discard the message. Thank you.

Although this e-mail and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.

131 South Auburn Street
GRASS VALLEY, CA 95945
Telephone:
(530) 272-8411
[email protected]
October 24, 2023
Via Electronic Mail
Brian Pedrotti, Community
Development Director
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
[email protected]
Jessica Matson, City Clerk
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
[email protected]
Re: Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
Dear Mr. Pedrotti, Ms. Matson, and Council Members:

This office represents Mike Harris with respect to the above-referenced domestic well application (“Project”). We have reviewed the staff report for the Project consideration at the City Council meeting on October 24, 2023 (“Staff Report”) and provide the following comments.

A response to the Staff Report has also been prepared by my client and raises many issues that should be carefully considered by the Council. It is attached to this letter for your review and referred to herein as the “Harris Report”. The two most concerning issues will be addressed below: (1) the disparate treatment of this landowner for reasons that appear to be unrelated to the Code or any other legitimate City consideration; and (2) the improper use of a CEQA1 exemption and failure to comply with CEQA for the proposed denial of the application.
1 California Environmental Quality Act: Public Resources Code § 21000 et seq. and the CEQA Guidelines, California Code of Regulations, title 14, 15000 et seq.

City of Arroyo Grande
October 24, 2023

A. The Project is being treated differently than any previous well application submitted to the City.

As described in detail in the Harris Report at pages 13-15, the City has consistently considered the cost to the applicant as a significant factor in determining whether a well application should be granted. In this case, the City staff is well aware of the fact that the “connection” the City proposes will be in a distant corner of the applicant’s parcel, and will require expensive trenching through protected oak forest in order for the applicant to make use of the City water at the most reasonable building site. (See Harris Report for description of expense and feasibility.) For inexplicable reasons, for the first time in two decades the City staff is asserting that the consideration of expense and feasibility of the use of City water only pertains to the expense incurred by the City. This interpretation of the City Code defies logic, and it would be an abuse of discretion for the City Council to disregard the reasonable past interpretation that considered the actual feasibility of the use of City water.

The Staff Report for the Project is opaque, and there is no explanation for the staff’s abrupt shift from intending to recommend approval in the Spring of this year, to the current refusal to employ the long-followed analysis the City has used in the past. The Staff Report recommends an approach that singles out the applicant for disparate treatment, and the Council should reject this path and consider the actual feasibility of the use of City water on the parcel and consider the application in an equitable manner.

B. Denial of the Project application is not exempt from CEQA.

The staff report mistakenly concludes that approval or denial of Project would be exempt from CEQA. (Staff report, p. 36.)
While the staff report correctly notes that approval of the domestic well would be subject to a Class 3 exemption, it goes on to improperly conclude that a denial of the application is “not a project”. The staff report states as follows:
[I]f the application is denied, the item does not qualify as a “project” under 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.).

It is true that approval, and the drilling of one domestic well, will have no impacts. The opposite is true of a denial, requiring the connection to the City water supply. It is astonishing that the City has been receiving detailed information from the applicant raising many concerns about the oak forest that lies between the proposed “connection” to the parcel and the likely building site, and yet ignores this issue in the Staff Report. The Harris Report describes these

City of Arroyo Grande
October 24, 2023

impacts in detail, including the fact that the necessary work would be inconsistent with the Community Tree Program.

The staff report dismisses this by claiming that the “City is not responsible” for the location of the building site on the property. The City is responsible for its discretionary decisions that will foreseeably result in environmental impacts. For the same reasons that the trenching will result in significant impacts to oak trees, any future building would only occur on certain portions of the property.

CEQA defines a “project” as an activity that (1) is a discretionary action by a governmental agency and (2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub. Res. Code, § 21065.) Thus, the discretionary decision by the City to deny a well application and force the landowner to connect to City water is, in fact, a “project” for CEQA purposes. If the City connection did not necessitate construction activities through a sensitive oak forest, then the City might be able to make a determination that it was not a project based upon the substantial evidence in the record. In this case, the record is rife with evidence that the discretionary denial of the application will result in significant environmental impacts.

Based upon the record before the City Council, there is no doubt that a denial of the Project application will result in the use of City water, “connected” to the property at a remote corner that will necessitate construction activities within a sensitive oak forest. If the City determines that it will exercise its discretion to deny the Project application, even though many similar applications have been granted due to feasibility concerns for the landowner, then additional environmental review is required. Refusing to consider the required construction activity will at best be a violation of CEQA, and may result in a regulatory taking if the feasibility of the construction through the oak forest is not carefully considered by the City.

C. Conclusion
The City Council should consider the City’s previous interpretation of its own Code to take into account the actual feasibility of a connection to the City water supply, and treat the applicant fairly and in a way that is consistent with the way others have been treated.

Additionally, the City Council should be aware of the environmental impacts that will result from a denial of the Project application and consider the Council’s opportunity here to approve the Project and avoid those significant environmental impacts.

Forcing the applicant into the position of being required to construct costly infrastructure that will impact the environment is a regulatory burden on the property that exceeds the bounds of fairness and the applicant’s rights. We

City of Arroyo Grande
October 24, 2023

urge the City to consider the application in a fair way that will not interfere with the property rights of the landowner, will avoid environmental impacts, and will be consistent with the treatment of others in the City.

Sincerely,
Marsha A. Burch
Attorney
cc: Mike Harris
Isaac Rosen, City Attorney ([email protected])

1 Harris Report
APN 007-781-055
Table of Contents
Council Summary ..........................................................................................................................................2 Intent and Purpose of AGMC Chapter 13.08 - Water Wells..........................................................................2 AGMC Critical Section - 13.08.040 - Permits.................................................................................................3 The City has not Followed the AMGC Regarding the Permit Application Process........................................3 City Council has Not Publicly Questioned or Commented on Any Well Application in a Council Meeting (at least since 2004) ...........................................................................................................................................4 City Staff Fails to Consider the Citizen and Taxpayer in its Decision-Making Process...................................4 City Staff Recommendation ..........................................................................................................................5 The City Staff’s Has Not Provided Complete Information.............................................................................6 The City Staff’s Interpretation of the City Code Is Untenable.......................................................................7 The City Council Has Previously Determined by Resolution that Service from the City Water System is neither Practical nor Feasible........................................................................................................................8 The City Staff Believes That the Owner’s Costs Associated with Installing Domestic Water Service is Irrelevant.......................................................................................................................................................9 The City Staff Believes That the Topography of the Site is Irrelevant .........................................................15 The City Is Not Responsible for The Proposed Location of Residential Structures on a Property ..............17 The City Staff Has Failed to Consider the AGMC Community Tree Program ..............................................19 The City Staff Has Failed to Consider the Health and Safety of its Resident (or the Location of a Water Meter Impacts Safety Concerns).................................................................................................................22 The City Staff Wrote and Distributed a Staff Report That Recommended Approval of the Well................23 There is No Issue with Precedent Setting Related to the Well Application ................................................31 Land Use - Development of a Single Residence on the Parcel is Allowed...................................................32 No Reservoir-Adjacent Parcels in the City Connect to City Water in a Similar Way....................................33 In 2023 The City Approved a Well That Just Feet from City Water Main....................................................36

2 Council Summary
• The city staff’s interpretation of the AGMC Section 13.08.040 Part A is inconsistent with purpose and intent of AGMC Chapter 13.08 Water Wells.
• City staff has made a new untenable interpretation of AGMC section related to water well permits.
• City staff’s final recommendation is inconsistent with past recommendations by city staff and past resolutions by city council regarding water wells. • City staff prepared a report for final review which recommended approval for the well application but suddenly, without any rational explanation, changed their position. • City staff claims a policy exists which has never been articulated and has never been documented by city staff, until now.
• City staff’s final recommendation is not based on reasoned decision making and did not consider all relevant factors.
• The city staff report does not provide complete information or all alternatives for consideration by the city and is promoting only one viewpoint.
• Service from the city water system is neither practical nor feasible based on excessive cost, environmental issues, and safety concerns.
• There is clear and convincing evidence that the service from the city water system is neither practical nor feasible and, as a result, city council should approve the well application.

Intent and Purpose of AGMC Chapter 13.08 - Water Wells
The AGMC was amended in 1971 to add Chapter 8 to Title 6 to require permits for the drilling of wells.

From Ordinance 87 (1971):
“The City finds that said water supply been greatly depleted by unrestricted drilling for and pumping of water, and that a danger exists of salt water intrusion into the aquifers underlying the City.”
“The regulations and restrictions as hereinafter set forth are necessary to protect the health, safety and general welfare of the inhabitants and taxpayers of the City of Arroyo Grande.” From AGMC Chapter 13.08 - WATER WELLS (Current):
“It is the purpose of this chapter to provide for the construction, repair, modification and destruction of wells in such a manner that the groundwater of the city will not be contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of the city.” Neither the intent nor the purpose of the AGMC on water wells prohibits the drilling of water wells unless the water well would adversely impact the health, safety and general welfare of the inhabitants and taxpayers of the City of Arroyo Grande.

The city staff has made no such finding regarding my proposed water well.

3 AGMC Critical Section - 13.08.040 - Permits.

A. Application. Prior to the issuance of any permit, the application and recommendations of the health officer for a new well shall be submitted to the council. The council may approve the application if, in its discretion, the drilling and the operation of the well will not deplete nor contaminate the city water supply and service from the city water system is neither practical nor feasible.

This suggests that connecting a particular property or area to the city water system might pose technical challenges, excessive costs, or other difficulties that make it an impractical or unviable solution. This might then justify seeking alternative water sources, such as drilling a new well. The city code does not prohibit new wells.

The plain language of the city code indicates that it is the “service from” the city water system that is to be considered to determine practicality and feasibility. The use of the preposition “from” inherently implies a direction (e.g., from the city water system to the residence).

The city staff claims that the determination of practicality and feasibility should not consider the costs to the customer to obtain service from the city water system. The city staff also claims that the topography of the site (characteristics of the parcel) should also be given no consideration in determining practicality and feasibility of the service from the city water system.

This is not a reasonable interpretation of the city code. Cost is the primary consideration when determining if service from the city water system in neither practical nor feasible for both the city and the customer.

Any analysis considering only the city’s perspective or only the customer perspective would be incomplete. The only way to achieve an objective, fair and comprehensive evaluation of practicality and feasibility is to consider both the city and customer perspectives.

The City has not Followed the AMGC Regarding the Permit Application Process
The city code states that the well application and a recommendation from the health officer shall be submitted to the council.

4 The health officer is not a member of city staff. The definitions in the city code make it clear that the health officer is:

City Council has Not Publicly Questioned or Commented on Any Well Application in a Council Meeting (at least since 2004)
The city council has never questioned, commented or pulled a well application item for separate consideration in any city council meeting since 2004 (according to video archives).

Video archives of city council meetings are available at https://slo-span.org. The recordings of city council meetings are available beginning February 10, 2004.

Based on the recordings available there has also never been any public questions or comments on any well application.

City Staff Fails to Consider the Citizen and Taxpayer in its DecisionMaking Process The city staff has the following decision matrix which precludes any consideration of any factor related to the customer/inhabitant/taxpayer.

The city’s decision matrix is not a matrix at all. There is no consideration given to the customer.

The City’s Decision Matrix
City Perspective
Feasible and practical Not feasible nor practical
Connect to city Approve well
The City of Arroyo Grande Organizational Chart and City of Arroyo Grande Organizational Values are contrary to position stated by city staff.

5 The city’s decision matrix should, of course, consider the perspective of the citizen/taxpayer and all relevant factors when making a decision to either approve or deny a well application, including customer related factors.

A Reasonable Decision Matrix
City Perspective
Feasible and practical Not feasible nor practical
Customer
Perspective
Feasible and Practical Connect to city Approve well
Not feasible nor practical Approve well Approve well
City Staff Recommendation
The city staff is recommending that the city council deny my well application because it states that a “connection” to the city water system is feasible and practical from the city’s perspective - but only from the city's viewpoint and at a location they designate without regard to cost.

Practicality and Feasibility of Connecting to the City’s Water System It is important to highlight that, in determining the practicality and feasibility for a domestic water service connection, City staff reads the practicality and feasibility test as one based on whether the City is reasonably able to provide a domestic water service connection from the

6 City water service line to the private property boundary. The City does not believe the second of the two approval criteria should be based upon the private property owner’s costs associated with installing domestic water service, nor should it be based on the topography of the site.

The applicant has provided a groundwater feasibility analysis that examines the local conditions and finds that developing a groundwater well to serve the subject property is feasible from a hydrological perspective, which is included as an exhibit to this agenda item.

Staff has determined that it is both feasible and practical for the City to connect the City’s water supply to the subject property. The subject parcel is immediately adjacent to the City’s Reservoir No. 5, which is a 1.2 million gallon above-ground storage tank. The City’s Utilities Manager has stated that a residential water service connection can be made directly to the City owned main water line from the tank and a connection placed to the applicant’s property line with a standard water meter on their property.

As described above, Section 13.08 of the AGMC provides that the City Council may approve a well if “service from the city water system is neither practical nor feasible”. This connection would be approximately 50 feet in length along generally level land with minimal surface restrictions, which staff has determined is both practical and feasible for the City to provide to the applicant’s property. In contrast to City staff’s determination, the applicant has argued that this connection is neither practical nor feasible, citing that the location of their preferred building site on the property is approximately 600-800 feet from the reservoir, depending on the trenching route, and would involve grading through steeper slopes and sensitive oak trees.

However, the City is not responsible for the proposed location of residential structures on a property – that is proposed by an applicant and ultimately reviewed by the City to ensure any municipal code requirements are met, such as setbacks, height, and health and safety standards contained in the California Building Standards Code. The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.

The City Staff’s Has Not Provided Complete Information
The City of Arroyo Grande City Council Handbook is clear with respect to the scope of information that is to be provided to the city council and that manipulation of information is prohibited.

3.4 City Council/City Manager Mutual Expectations
The following mutual expectations have been agreed upon by the City Council and City Manager regarding their respective roles and support the successful operation of the City Manager/Council form of government. They serve as a general framework to foster a constructive working relationship and provide new Council Members an overall outline of how we have committed to operate. They may also serve as a basis for discussion to resolve potential problems or when changes in the expectations are desired.

Expectation of City Manager
f. Provide complete information regarding an issue or item. Never manipulate information in order to promote one viewpoint.

7 g. Ensure staff reports include alternatives, potential impacts of each alternative and staff’s best recommendation.

It is clear based on the information presented in this report that city staff has not provided complete information, the staff report is not the only report that was authored and distributed, and that the process and requirements have been manipulated to fit the desired outcome.

The city staff has not provided all alternatives for service from the city water system. The following alternatives have not been provided and, of course, the potential impacts of these alternatives have not been provided:
• Connect to the city water system via Equestrian Way
• Connect to the city water system on Noyes Road
• Adopt a resolution approving the installation of one (1) new domestic well Staff’s best recommendation would be relative to the other alternatives, which have not been provided.

Rather than provide complete information, city staff has decided to modify their interpretation of the AGMC so that complete information is not required or relevant. The decision to claim that no consideration should be given to the property owner cost nor the topology of the property allows city staff to ignore issues related to this information (cost and topology).

The only viewpoint that is being promoted is the viewpoint of the city staff, specifically and intentionally ignoring the viewpoint of the citizen, resident and taxpayer.

The City Staff’s Interpretation of the City Code Is Untenable The city staff report states:
“City staff reads the practicality and feasibility test as one based on whether the City is reasonably able to provide a domestic water service connection from the City water service line to the private property boundary.”
This is not a reasonable interpretation of the city code. Rather, this is an interpretation created to align with a biased and predetermined decision by city staff.

The city code actually states:
“service from the city water system is neither practical nor feasible” The city code does not use the term “connection”. It uses the term “service”. Service is a much broader term than connection. Service, much more accurately, includes:
• Sourcing and Supply
• Connection and Infrastructure
• Water Quality and Treatment
• Delivery and Accessibility

8 • Maintenance and Upkeep
• Consumption and Use
• Billing and Customer Service
When assessing the "practicality and feasibility" of providing "service from the city water system," each of these factors should be evaluated. By narrowing the definition to just the installation of a water meter, the city is likely missing a wide range of variables that collectively define what constitutes a "service." A robust analysis taking into account all these elements would offer a more comprehensive view of whether city water service is genuinely practical and feasible.

If the city council and the city wanted the subject regarding practical and feasible to be a “connection” they would have used that language. They did not.

The city code does not use the phrase “the City is reasonably able to provide”. The city code does not limit consideration to the “provider” of the service. In fact, the code uses the phrase “service from”, which indicates consideration should be given the “receiver” of the service since it is the customer that receives service from the city.

The city code does not use the phrase “to the private property boundary”. The city has again narrowly interpreted the city code to fit this particular recommendation to deny the well application.

City staff is attempting to rewrite the city code to fit their recommendation on this particular well application. Their interpretation is narrowly lacking and is unnecessary. The plain language of the city code, the intent of the original city code, and the stated purpose of the code section provides the guidance needed for the decision-making process.

The City Council Has Previously Determined by Resolution that Service from the City Water System is neither Practical nor Feasible Resolution No. 4830 was passed and adopted on December 12, 2017.

The resolution stated:

The approval of well in resolution 4830 is for the exact same parcel and the exact same well location as the application currently under consideration.

At the city council meeting on December 12, 2017, the city council had no questions or comments prior to approving the well on the same parcel at the same location as the current well application. https://slo-span.org/meeting/agcc_20171212

9 Current mayor Ray Russom and council member Barneich voted to approve the well and adopt the resolution, as did all council members, which determined that service from the city water system was neither practical nor feasible because of the distance from existing city water infrastructure.

Service from the city’s water system is still not practical nor feasible, as found by the city council on December 12, 2017.

The City Staff Believes That the Owner’s Costs Associated with Installing Domestic Water Service is Irrelevant
This is a new belief that was never previously held by city staff. This belief materialized when the decision was suddenly made to change position regarding the well application. This belief is necessary for city staff because, if the owner’s costs are considered, the connection to the city water service is clearly neither practical nor feasible.

February 16, 2023 - Richard Burde and Tim Cleath met with Patrick Holub and Shane Taylor at the city offices. Patrick Holub and Shane Taylor specifically requested the private property owner’s costs associated with installing domestic water service. The city staff now claims that this information is irrelevant and should not be considered when determining practicality and feasibility.

The in-person meeting was held on February 16, 2023.

February 23, 2023 at 8:43 AM - Richard Burde sent an email to Patrick Holub indicating that he was still working on gathering the private property owner’s costs associated with installing domestic water service.

February 23, 2023 at 9:10 AM – Patrick Holub emailed Richard Burde stating that a recommendation that council deny the well application was unlikely once you present the numbers. The “numbers” are the private property owner’s costs associated with installing domestic water service.

10 March 9, 2023 at 8:41 AM – Patrick Holub emailed Richard Burde requesting the “feasibility calculation”.

The “feasibility calculation” that was requested by Patrick Holub specifically included the private property owner’s costs associated with installing domestic water service.

March 9, 2023 at 8:46 AM – Richard Burde sent an email to Patrick Holub indicating that he met with the contractor regarding the preliminary cost estimate, part of the private property owner’s costs associated with installing domestic water service.

March 9, 2023 at 8:47 AM – Patrick Holub sent an email to Richard Burde that indicated he was 95% done with the staff report and that he would augment the report with our numbers. Patrick specifically stated that the staff report would include the private property owner’s costs associated with installing domestic water service in the staff report.

11 March 16, 2023 at 5:26 PM – Richard Burde emailed Patrick Holub regarding additional costs for trenching though or removing rocks.

March 20, 2023 at 7:39 AM – Patrick Holub sent an email to Richard Burde indicating that he sent the staff report for final review last week and that we should be on the consent agenda on March 28 for approval of my well application.

I made multiple public records requests for the staff report which was distributed for final review which recommended approval of my well application. The city has continued to withhold this report and any email messages related to the report.

March 21, 2023 at 2:23 PM – Patrick Holub emailed Richard Burde asking for additional cost information, specifically the cost related to installation of the well. Patrick indicates that he “was asked” for the

12 information. So, in addition to Patrick there is at least one other individual that believed that the private property owner’s costs associated with installing domestic water service was relevant and important.

March 21, 2023 at 3:14 PM – Richard Burde emailed Patrick Holub information on the cost to drill the well.

If the private property owner’s costs associated with installing domestic water service should not be considered, why did Patrik and city staff request information on owner’s cost and include that information in the staff report referred to on March 20, 2023? Why were there so many emails and communications regarding the owner’s cost if the city staff believed this information was not important and relevant?
It is clear that the primary focus of city staff was on obtaining the private property owner’s costs associated with installing domestic water service for the purpose of making a determination on practicality and feasibility. It was not the belief of the city staff that this information should not be considered. That belief materialized only after the city suddenly decided to change their position on the well application.

Patrick Holub, the associate planner that was responsible for preparing and distributing the staff report believed that the private property owner’s costs associated with installing domestic water service was relevant and critical to determining whether service from the city water system was

13 neither practical nor feasible and based on this information the service from the city water system was determined to be not practical and not feasible.

In past well applications the city staff and the city council have determined that the property owner’s costs associated with installing domestic water service was relevant and did, in fact, provide at least a partial basis for determining that service from the city water system was neither practical nor feasible:

The following notes are from the section of the staff report that is titles “Practicality of Supply from the City’s Water System”
Year Notes
2017 Agricultural use, meter connection would be a substantial cost to the applicant 2015 Agricultural use, meter would be a substantial cost to the applicant 2008 Agricultural use, meter connection would be a substantial cost to the applicant 2005 Agricultural use, connection could cost between $30,000 and $40,000 Clearly, the private property owner’s cost has been a significant determining factor in the past to determine practicality and feasibility. It is unfair and unreasonable to fail to consider the cost to the property owner of end-to-end service from the city water system when the costs establish that it is neither practical nor feasible for service from the city water system but that fact does not align with the likes and wishes of the city staff.

The city staff report claims that the determination of practicality and feasibility has historically been based on the city’s ability and cost to serve each parcel. The cost referred to are not the city’s cost but rather the property owner’s cost.

As you can see below the cost that is documented (by city staff) is the “cost to the applicant”, not the cost to the city.

14 2017 Well Application
2015 Well Application
2008 Well Application

15 2005 Well Application
The City Staff Believes That the Topography of the Site is Irrelevant This is another new belief that was never previously held by city staff. This belief materialized when the decision was suddenly made to change position regarding the well application. This belief is necessary for city staff because, if the site topography is considered, the connection to the city water service is clearly neither practical nor feasible.

July 24, 2023 at 9:38 AM – Brian Pedrotti emailed me (after I sent a detailed email to all city council members) indicating that a meeting was expected so that the city staff could more fully understand the physical constraints of the site. This is in direct conflict with what is now claimed to be believed regarding the site topography.

16 If the topography of the site should not be considered, why is Brian referring to a meeting to more fully understand the constraints of the site. July 24 would have been an ideal time for Brian to let me know that the constraints of the site (the topography of the site) will not be considered by city staff. This was not communicated to me because it was not the position of city staff that the site topography did not matter.

The topography of the site is of utmost importance to determining practicality and feasibility of service from the city water system.

The city staff's position, which completely ignores the importance of the topology of the site, is overlooking crucial issues. Topography should be considered as a critical element in the determination of what's practical and feasible:

Cost-Effectiveness - Sloping or uneven terrains would require extensive civil works like leveling, backfilling, or excavation, making the project prohibitively expensive.

Technical Considerations - Steep or varied topography can create problems that are either technically challenging or impractical to solve.

Environmental Concerns - Construction on uneven or sloping terrain can lead to erosion and sedimentation issues, requiring additional environmental safeguards and potentially triggering stricter regulatory scrutiny. The need to modify the natural landscape to accommodate infrastructure could have significant environmental consequences, such as disruption of local ecosystems, which could be contrary to the public interest or even against environmental regulations.

Regulatory Hurdles - Uneven topography might necessitate additional permits from environmental agencies, increasing the complexity, duration, and cost of the project.

Modifications required for challenging topographies could potentially violate environmental and land use statutes, causing legal issues that would make the project impractical.

17 Precedent and Subjectivity - If topography isn't considered for one parcel, it sets a precedent.

This could compromise the city council’s ability to make consistent and fair decisions on similar matters in the future. Topography provides an objective measure that can be evaluated through GIS tools, contour maps, and civil engineering studies, which would make the council's decision more transparent and less susceptible to subjectivity.

It’s clear that topography should be a significant factor in the city staff’s recommendation and council's evaluation of practicality and feasibility. Ignoring it would undermine the council's responsibility to make decisions that are economically prudent, environmentally responsible, and equitable for all parties involved.

The City Is Not Responsible for The Proposed Location of Residential Structures on a Property
However, the city is responsible for the proposed location of the water meter, which significantly impacts the practicality and feasibility of service from the city water system and whether or not a parcel is able to be developed.

Below are two pictures of vacant parcels in the north-west area of the city. The red arrows show the driveway access to the parcel and the red X shows the location of the city owned and provided water meter.

18

19 Does city staff really believe that the size and the topography of the site is irrelevant to the determination of practicality and feasibility of receiving service from the city water system? Each parcel is unique and the city code clearly uses broad language which provides the flexibility to make a well-reasoned and fair evaluation and decision with respect to approving or denying water wells.

The City Staff Has Failed to Consider the AGMC Community Tree Program Chapter 12.16 of the AGMC established the Community Tree Program. The Community Tree Program establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees within the city of Arroyo Grande.

City staff has failed to recognize and consider the impact of the Community Tree Program on the practicality and feasibility of service from the city water system.

20 The city code, including Chapter 12.16, establishes regulations that all residents and property owners are required to obey. Violation of these ordinances can result in penalties, including fines, legal actions, or other forms of municipal enforcement.

It is unreasonable that the city staff would exclude from consideration city-imposed regulations when considering the well application.

From the perspective of the city reservoir property, the trees which are located on the parcel should be considered. There is no clear, open path to connect to service from the city water system without impacting trees which are protected by the Community Tree Program.

The Community Tree Program states:

12.16.090 - Installation, maintenance and removal of trees relating to property development.

E. All grading, building, conditional use, tract map, parcel map, planned development, and other development proposals submitted to the city shall be accompanied by an accurate map identifying and locating all existing trees upon the property for which application is received and all existing trees that are off-site but affected by the project. Such map shall also identify all existing trees that are proposed by the applicant for removal or destruction, and such trees shall be visibly marked for the director's inspection. The director, or his or her designee, shall locate all trees upon the applicant's and affected property and prepare a written report to the permitgranting authority within two calendar weeks of the permit application having been received by the city.

21 H. The killing, removal or damaging, intentionally or accidentally, of any tree, because of development activity, shall result in a separate administrative penalty to be paid, through payment by person or persons causing such loss, to the city. The payment shall be the amount of the value of the tree, as set forth in the Manual for Plant Appraisers, published by the Council of Tree and Landscape Appraisers, but in no event shall the payment be less than one hundred fifty dollars ($150.00) per tree.

The intentional killing, removal or damaging of any tree, as a result of development activity, shall constitute a misdemeanor.

M. Trees designated to remain on the tree removal plan shall be protected prior to and during construction by the owner(s), using the following measures:

1. Each tree or group of trees designated to remain shall be protected by an enclosure of a five-foot fence, prior to the beginning of construction. The fence shall be wooden, chain link, or plastic barricade fencing. The location of the fence is normally at the dripline of the tree, but it may adjusted or omitted with the director's written approval.

2. No parking of vehicles or equipment or storage of materials shall be permitted within the dripline of the trees designated to remain.

3. In the event the underground utilities must be placed within the dripline of the trees to remain, the utilities shall be installed by auguring at twenty-four (24) inches minimum depth or by hand trenching. If roots over one inch in diameter are encountered, the roots shall be preserved without injury. No machine trenching within a tree's dripline shall be permitted, unless authorized, in writing, by the director.

4. A performance bond may be required, in a form acceptable to the city and prior to issuance of an entitlement, to assure protection of trees on the site.

The amount of any set bond shall be one thousand five hundred dollars ($1,500.00), or the value of affected trees, whichever is greater, based on the Manual for Plant Appraisers, Council of Tree and Landscape Appraisers.

The latest edition is to be available for review in the community development department. If, in the opinion of the certified arborist, no violation or damage has occurred during construction, the bond shall be returned upon final building inspection. However, if damage has occurred, the bond shall be held for three years and forfeited if, in the opinion of the certified arborist, permanent damage has occurred.

5. Failure to comply with tree preservation requirements shall result in the director issuing a stop work order until all requirements have been met.

22 A bond of $200,000 or more could be required to connect to the city water system – because of the location mandated by city staff. Mature oak trees are very expensive and there are hundreds of oak trees on the parcel. Clearly, from an environmental perspective, not to mention a cost perspective, it would be more practical and more reasonable to use a water source which was more closely located to building locations.

The cost to map and identify every tree in the path to the water meter location mandated by the city would cost more than the cost of the city water connection, which has been estimated at over $7,000.

The cost to trench through protected trees is extremely high. No machine trenching is permitted in the tree dripline, so hand trenching must be used. In addition, no parking of vehicles or equipment or storage of materials shall be permitted within the dripline of the trees. The cost of trenching through the trees, in addition to the slope and rock outcroppings issues, will result in a trenching cost exceeding $100,000 to connect to the city water system.

Whether consideration is given to the property owner cost of service from the city water system or not, the fact that the city mandates a connection to the city water system through mature groves of trees the result is a service from the city water system that is neither practical nor feasible from any perspective.

The City Staff Has Failed to Consider the Health and Safety of its Resident (or the Location of a Water Meter Impacts Safety Concerns) The great majority of water meters are placed near the street, sidewalk, or alleyway for easy accessibility for both homeowners and utility personnel. The goal is to strike a balance between accessibility for monitoring and maintenance and the logistical considerations of connecting the home to the water infrastructure.

In our particular case, the city staff is recommending that the water meter be placed at the southern property line, which is the furthest point from the driveway which will lead to the residence. There will be no road available to access the water meter and the path to the water meter will be through very rough terrain consisting of 30% slope, rocks, trees, and uneven terrain.

Quick and efficient shut-off of the water supply in case of leaks or contamination is vital for both safety and resource conservation. The challenging location could significantly delay these emergency procedures, potentially exacerbating any issues such as flooding, or property damage. In this specific case, the accessibility barriers create a high-stakes scenario where time-sensitive actions are hindered, thereby raising safety concerns that could have severe repercussions for the resident.

The city staff has given no consideration to the issues imposed by their proposed water meter location.

23 The City Staff Wrote and Distributed a Staff Report That Recommended Approval of the Well
On March 20, 2023 at 7:39 AM, Patrick Holub sent an email to Richard Burde and Mike Harris indicating he had distributed the staff report for final review last week. He also clearly indicated that the staff report recommended approval and that our approval would be put in front of city council on March 28, 2023.

Where is the staff report recommending approval? Why has this report not been provided to me after I have requested it many times? Why has the staff report recommending approval not been provided to city council for their consideration?
On March 20, 2023 at 8:17 AM, Patrick Holub sent an email to Richard Burde promising to send the staff report that recommended approval to us on March 22 or 23, 2023. Patrick never sent the report.

24 On March 21, 2023 Patrick emailed Richard Burde and Mike Harris requesting additional cost information. This is odd because the city staff now claims that the owner’s costs are not relevant or applicable to the permitting process. Patrick did not indicate who asked him to get additional cost information.

On March 21, 2023, Patrick Holub emailed Richard Burde that “this item” will need to be moved to the 4/11 meeting. It should be noted that we provided the additional cost information the same day that it was requested by Patrick at 3:14 PM.

Sometime between March 20, 2023 at 7:39 AM and March 21, at 2:32 PM the decision was made to recommend that the well application be denied.

25 On March 29, 2023 at 12:00 PM, Patrick Holub sent an email to me indicating he was waiting for “more information” from the City Manager.

On March 29, 2023 at 12:58 PM, Patrick Holub sent an email to me indicating that the discussion regarding my connection to the city water system had shifted away from whether it was practical and feasible to whether it was in the best interest of the city.

26 On April 3, 2023 at 3:15 PM, Richard Burde emailed Patrick Holub asking for a copy of the staff report.

On April 3, 2023 at 4:28 PM, Patrick Holub send an email to Richard Burde indicating that our item would not be presented on the 4/11 council meeting.

27 On April 17, 2023 at 4:49 PM, Richard Burde sent an email to Patrick Holub requesting an update on our well application.

On April 18, 2023 at 9:11 AM, after receiving no reply from Patrick Holub, Richard Burde sent another request for update to both Patrick Holub and Andrew Perez.

28 On May 1, 2023 at 11:23 AM, Patrick Holub sent an email to Richard Burde indicating that the city staff feels that it is not in the best interest of the city to allow a domestic well on the property.

Patrick did not specify what “best interest of the City” meant or how the city staff came to the conclusion. This was the first time we had been given any indication that the recommendation to the city council would be to deny the well.

Notably, Patrick did not indicate that service from the city water system was practical and feasible. It was clear that city staff did not want to allow a domestic well on the property, and all indications have been that the recommendation was decided upon based on the city staff’s vision of development on the property (which equates to development fees and property taxes) and precedence setting (which is a non-issue).

29 On March 20, 2023 at 7:39 AM, it was clear that the city staff had completed as staff report which recommended approval of the well application. However, on May 1, 2023 at 11:23 AM, Patrick Holub notified us that the city staff would recommend denial of the well application.

What happened between March 20 and May 1 (42 days, Patrick was out of the office for 14 of those days) to change the decision of city staff? City staff was clearly knowledgeable and experienced in the processing of a permit for a well application and had written several staff reports for prior well applications.

The only information provided regarding this sudden change was from Patrick Holub on March 29, 2023 at 12:00 PM that he was waiting for more information from our City Manager (Whitney McDonald).

The following are the only emails between city staff produced that discuss the well application between March 21 and May 1.

On March 21, 29023 at 3:18 PM, Patrick Holub sent an email to Brian Pedrotti and Shane Taylor attaching the well drilling cost estimate and indicating the cost estimate for trenching was $97k.

30 On March 21, 2023 at 3:29 PM, Shane Taylor sent an email to Patrick Holub and Brian Pedrotti asking for the trenching estimate.

On March 21, 2023 at 3:29 PM, Patrick Holub sent another email to Shane Taylor and Brian Pedrotti attaching the cost estimate for the trenching.

There was no other internal email discussion regarding the well application that was provided as a result of my public records request.

Between March 22 and May 1 there were no emails that discussed the well application not the decision to recommend denial of the well application by city staff.

31 There is No Issue with Precedent Setting Related to the Well Application City staff has claimed on multiple occasions that there was an issue with precedent if my well application was approved. This is not true and there has been no reasoning provided for such an assertion. There is no record in the AGMC or any past well application that precedent setting has or should be considered when determining whether a well should be approved or denied.

The City of Arroyo Grande 2020-2028 Housing Element Update identified forty (40) vacant parcels which could be developed to provide housing:

32 Of the forty (40) vacant parcels identified, thirty-eight (38) have city water available in an adjacent city street. Only two (2) parcels do not have city water available in the adjacent street. The two parcels are off of Noyes Road and owned by the Mike Harris.

The two parcels are not comparable to any of the 38 parcels which do have reasonable access to city water. The 38 parcels are between 18 and 192 times smaller than the two parcels owned by Mike Harris.

The two parcels also have significant slope and significant protected trees compared to the other vacant parcels.

No property owner would want to install a drill a well on a small parcel (0.14 to 1.43 acres) which already has city water available in the adjacent street.

City staff concern for precedent setting based on my well application is misplaced and not reasonable.

Land Use - Development of a Single Residence on the Parcel is Allowed The city staff have also justified the denial of a well application because they envision a different development on the property.

I have been clear from the beginning that I am interested in building a single family residence on the property. I made significant effort to insure that this was possible without discretionary review prior to purchasing the property.

As early as April 2019 I contacted Andrew Perez in the Community Development Department and informed him that my interest in the property was not as a developer that would want to subdivide for multiple homes.

Prior to purchasing the property in December 2021 I received written confirmation from Andrew Perez that I would be able to build a single family residence on the property:

The first time we were told that the city staff would not recommend the well because they envisioned a different development of the property was after the staff report recommending approval was

33 distributed. Whether or not the city staff likes the intended development plans of the property owner is not a criterion of determining practicality and feasibility of service from the city water system.

No Reservoir-Adjacent Parcels in the City Connect to City Water in a Similar Way
There are four (4) reservoirs within the city limits. No parcel which is adjacent to a reservoir was required to connect to the city water system by connecting directly to a water line originating from the reservoir tank.

The connection being mandated by city staff is unconventional and not standard practice within the city.

34

35

36 In 2023 The City Approved a Well That Just Feet from City Water Main At the city council meeting on January 10, 2023, the council members declined to question, comment or pull for separate consideration the approval of a well that benefited a parcel outside the city limits, even though the proposed well was very close to a city water main. There was no discussion among council members regarding the approval of the well prior to its approval. https://slospan.org/meeting/agcc_20230110 The city approved a well at 959 Valley Road (inside the city limits) to serve a property and taxpayer at 2783 Los Berros Road (outside the city limits).

There is an 8” city water main that crosses Los Berros Road that is within 18 feet of the old well that was replaced. The applicant already had customer infrastructure (pipes) that was within 18 feet of a city water main.

The city staff did not base their recommendation on whether it was practical and feasible to connect to the city water system. Rather, they simply stated that the non-citizen that would benefit from the well lives outside the city limits.

37

38 The City of Arroyo Grande Water System Master Plan December 2012 indicates that there are customers outside the city limits that are served by the city water system. It appears that city staff made the decision to recommend the well and then justified it by stating that the applicant lives outside the city limit, rather than actually evaluating the practicality and feasibility of connecting to the city water system.

39

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Supplemental Information
Agenda Item 10.a. – October 24, 2023 City Council Meeting Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design DATE: October 24, 2023
Staff is recommending opening and continuing the noticed public hearing to a date certain of November 28, 2023.
cc: Interim City Manager
City Attorney
City Clerk
City Website and Public Review Binder
Enc

Item 10.b.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Shayna Gropen, Assistant Planner
SUBJECT: Consider a Resolution Accepting a Donation of Time and Materials for the Second Phase of Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 23-007; Applicant – Shirley Horacek, Arroyo Grande Public Art
DATE: October 24, 2023
SUMMARY OF ACTION:

Receive public comment and consider a Resolution accepting a donation of time and materials, and waiving encroachment permit fees of $720, for the second phase of utility box public art proposed by Arroyo Grande Public Art.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Staff time will be necessary in order to attend future meetings of the Arroyo Grande Public Art Committee. Staff time will likely be required on an individual basis to implement safety measures during painting, as well as processing a “small” encroachment permit for each utility box painting. It is recommended that City Council waive encroachment permit fees of $180 for each of the four utility box locations for a total of $720, as proposed in the attached Resolution. All time and materials necessary for the preparation and painting of the utility boxes will be donated by the applicant, valued at approximately $5,000. The City will be responsible for ongoing maintenance costs.

RECOMMENDATION:
1) Receive public comment; 2) Adopt a Resolution accepting the donation of time and materials and waiving encroachment permit fees in the amount of $720; and 3) Determine that this project is categorically exempt based upon section 15301(e) of the CEQA Guidelines regarding existing facilities. This exemption is applied to additions to existing structures provided that the addition will not result in an increase of square footage. The proposed project is for painting an existing structure and will not result in an increase in square footage.

Item 10.b.

City Council
Consider a Resolution Accepting a Donation of Time and Materials for the Second Phase of Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 23-007; Applicant – Shirley Horacek, Arroyo Grande Public Art
October 24, 2023

BACKGROUND:

The City Council approved staff recommendations for an Art in Public Places Program and Process in 2002. These recommendations were prepared in a collaborative effort with the San Luis Obispo County Arts Council, leading to the approval of an Art Donation Program by City Council in 2006.

Arroyo Grande Public Art (AGPA) was established in 2013 as a subcommittee within Arroyo Grande In Bloom (AGIB), a nonprofit organization. The Arroyo Grande Public Art Guidelines (Guidelines) were amended in 2021 to limit the purview of the Guidelines to only include projects located on property that is not zoned residential. Other changes that were made to the Guidelines at this time include changes to the City’s advisory bodies that provide consultation to the Council regarding public art projects. The consulting body that makes recommendations to the City Council was changed from the San Luis Obispo County Arts Council (SLOCAC) to AGPA. Finally, the Guidelines established a seven (7) member Public Art Panel to review proposed art projects. The adopted Guidelines are included as Attachment 2.

Approved public art projects installed to date include two Chumash art pieces at 126 Mason and 127 Short Street, the painting of the Strother Park basketball court, and the first phase of utility box paintings which led to the painting of four (4) utility boxes in the City.

ANALYSIS OF ISSUES:

The Public Art Guidelines apply to City-owned property, and approvals of art on public property is discussed in greater detail below. Under AGMC 16.04.070, murals are works of art “applied directly to a wall” and the proposed artwork will only be applied to utility boxes. The Public Art Guidelines apply to City-owned property, and approvals of art on public property is discussed in greater detail below:

Review Process Under Public Art Guidelines
The Guidelines specify that projects shall be considered by City Council with community input gathered from a public hearing, with ultimate approval given by the Arroyo Grande Public Art Panel. The panel selection for this project includes the following members:
 Two representatives from the property owner: Bill Robeson and Sheridan Bohlken  Two representatives from AGPA: Shirley Horacek and Kathryn Phelan  One representative from the Architectural Review Committee: Kristen Juette  One representative from the Chamber of Commerce: Kassi Dee  One representative from the South County Historical Society: Vivian Krug The Guidelines apply to public art projects proposed on either non-residentially zoned public property or by a private owner in the adjacent public right of way. The Guidelines

Item 10.b.

City Council
Consider a Resolution Accepting a Donation of Time and Materials for the Second Phase of Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 23-007; Applicant – Shirley Horacek, Arroyo Grande Public Art
October 24, 2023

and criteria are also applicable to public art projects on City property. When the City approves art on City property, it approves that art as its own speech, government speech.

Once approved, such artwork becomes the property and expression of the government.

Donations for Public Art are required to be considered and approved by the City Council.

The following criteria are used in the selection of public art:

1. Relationship to the social, cultural and historical identity of the area. If the public art is proposed to be located in the Village Core Downtown or Village Mixed Use Districts, the art piece shall be representative or evocative of the turn of the century historical period;

2. Evaluation of artistic excellence;

3. Appropriateness of scale, form, material, content and design relative to the immediate and general neighborhood;

4. Relationship to the social, cultural and historical identity of the area;

5. Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering;

6. Ease of maintenance;

7. Appropriateness of proposed method of installation of artwork and safety and structural factors involved in installation; and

8. Artist’s experience in working on comparable projects.

The City Council viewed these findings as part of their acceptance of the donation for time and materials for the first phase of utility boxes in October 2022, and so they have been included for consideration for this second phase for consistency with the City Council’s past action on the first phase. Following the public hearing and Council’s acceptance of the donation, the project will be forwarded for review and approval by the Public Art Panel to make the necessary findings contained within the City’s existing Public Art Guidelines.

Arroyo Grande Public Art & Staff Advisory Committee
A total of four (4) designs were selected for presentation to the City. On August 21st, 2023, the Staff Advisory Committee, consisting of the Recreation, Community Development, Public Works, Police and Fire Departments, discussed recommendations for five

Item 10.b.

City Council
Consider a Resolution Accepting a Donation of Time and Materials for the Second Phase of Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 23-007; Applicant – Shirley Horacek, Arroyo Grande Public Art
October 24, 2023

locations of the approved artwork. The following designs and preferred locations are provided as Attachment 3:

1. Southeast corner of Fair Oaks Ave and Valley Road—Strawberries by Amy Usrey

2. Northeast corner of South Halcyon Road and Fair Oaks Avenue—box will be removed during Halcyon Complete Streets project.*

3. Northeast corner of North Halcyon and East Grand Avenue—Flowers by Jenny Chang

4. Northeast corner of Rancho Parkway and West Branch Street—Jacaranda by Deborah Lord

5. Northwest corner of Traffic Way & West Branch Street – Butterflies by Amy Usrey *The utility box located at the northeast corner of South Halcyon Road and Fair Oaks Avenue has not been selected for painting because it will be removed in the preconstruction phase of the Halcyon Complete Streets project.

Waiver of Encroachment Fees
The project applicant has requested a fee waiver for encroachment permit fees totaling $720, which includes $180 for each of the four proposed utility boxes. Staff has determined that the requested fee waiver can be supported because the project provides a community benefit in that it will be available for use by the public at-large and is likely that the project will be used or will benefit more than the residents of the immediate vicinity of each utility box. Further, staff has determined that the project will be of obvious public benefit because it provides beautification of existing public facilities through the application of public artwork.

ALTERNATIVES:

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

1. Conduct the public hearing and adopt the Resolution accepting the donation of approximately $5,000 in time and materials from the applicant and waive encroachment permit fees totaling $720;

2. Do not adopt the Resolution, provide specific findings, and direct staff to return with an appropriate resolution to not accept the donation or waive encroachment permit fees; or

3. Provide other direction to staff.

ADVANTAGES:

Approving the donation of time and materials and waiving encroachment permit fees for the proposed public art installations will facilitate the enhancement of the appearance of existing utility boxes for the benefit of the community.

Item 10.b.

City Council
Consider a Resolution Accepting a Donation of Time and Materials for the Second Phase of Painting of Utility Boxes Citywide and Waiving Encroachment Permit Fees; Staff Project 23-007; Applicant – Shirley Horacek, Arroyo Grande Public Art
October 24, 2023

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

In compliance with the California Environmental Quality Act (CEQA), it has been determined that the donation of time and materials for the painting of utility boxes, and the waiver of applicable encroachment permit fees, is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.). This project falls within the Class 3 exemption because approval of the project would result in the donation of time and materials for the painting of existing utility boxes.

This project is further exempted under CEQA Section 15301 regarding existing facilities, where no new utility boxes will be constructed in connection with this project. In the alternative, if the application is denied, the item does not qualify as a “project” under CEQA, because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
PUBLIC NOTIFICATION AND COMMENTS:

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

Attachments:

1. Proposed Resolution

2. Public Art Guidelines

3. Proposed Designs

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO

GRANDE ACCEPTING A DONATION OF TIME AND MATERIALS FOR

THE PAINTING OF UTILITY BOXES CITYWIDE AND WAIVING OF

ENCROACHMENT PERMIT FEES AND FINDING THE ACTION EXEMPT
FROM CEQA; STAFF PROJECT 23-007; LOCATION – CITYWIDE;
APPLICANT – SHIRLEY HORACEK, ARROYO GRANDE PUBLIC ART
WHEREAS, on August 11, 2023, Arroyo Grande Public Art recommended the City Council hold a public hearing on the proposed painting of four (4) utility boxes within the City (“project”) and consider the donation of time and materials for the proposed project in accordance to the Public Arts Guidelines; and
WHEREAS, on October 24, 2023, the City Council held a duly noticed public hearing for the project; and
WHEREAS, the City Council finds that the project will have a public benefit and therefore encroachment permit fees totaling $720 for four (4) utility boxes of $180 each can be waived; and
WHEREAS, when the City Council approves art on public property, such art becomes the property and speech of the government, and in order to submit an application, the artist waives all rights under the Visual Artists Rights Act, 17 U.S.C. §§106A and 113(d) and the California Art Preservation Act, Cal. Civil Code §§ 987 and 989.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby accept a donation of time and materials and waiving of encroachment permit fees for Staff Project STF23-007, with the above findings and subject to the conditions as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference:

1. Recitals. The above recitals are true and correct and are incorporated herein by reference.

2. CEQA. This action is exempt from review under the California Environmental Quality Act (CEQA) because it has been determined that the donation of time and materials for the painting of utility boxes, and the waiver of applicable encroachment permit fees, is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.). This project falls within the Class 3 exemption because approval of the project would result in the donation of time and materials for the painting of existing utility boxes. This project is further exempted under State CEQA Guidelines,

RESOLUTION NO.

PAGE 2
§ 15301 regarding existing facilities, where no new utility boxes will be constructed in connection with this project. In the alternative, if the application is denied, the item does not qualify as a “project” under 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.)

3. Donation of Time and Materials Findings.
a) Relationship to the social, cultural, and historical identity of the area.

The donation of time and materials for the proposed project will have social and cultural impacts as it proposed designs that are tied to the social, historical, and cultural identity of the area with regards to the designs chosen.
b) Evaluation of artistic excellence;
Arroyo Grande Public Art met on August 11th, 2023, and selected the proposed designs. AGPA recommended the proposed designs due to the proposal’s ability to improve the appearance of the existing utility boxes. The donation of time and materials will further the ability of the project to be completed.
c) Appropriateness of scale, form, material, content and design relative to the immediate neighborhood;
The donation of time and materials will facilitate the proposed artwork which is intended to replicate natural elements to help the artwork seamlessly fit into the surroundings of the public areas. The materials chosen are appropriate and are materials typically utilized for this type of application.

The location of the utility boxes provides an enhancement of the built environment for the enjoyment of the art piece.
d) Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering; The donation of time and materials will facilitate the project, which includes materials selected that are commonly used in applications in public art projects. The quality of the materials selected are such that they will improve the surface integrity of the utility boxes and are meant to withstand natural weathering processes. The materials selected will not have adverse impacts on public safety due to their proper application.
e) Ease of maintenance;
The donation of time and materials will facilitate the project, which includes proposed materials that are intended to provide a durable, aesthetic finish that helps protect and extend the life of the utility boxes, while improving their aesthetic appearance.
f) Appropriateness of proposed method of installation and artwork and safety and structural factors involved in installation;

RESOLUTION NO.

PAGE 3
The donation of time and materials are for artwork that will be installed in accordance with the manufacturer’s specifications and will not cause safety or structural issues during the installation.
g) Artist’s experience in working on comparable projects.

The donation of time and materials will go to artists that have extensive experience completing public art projects.

4. Waiver of Encroachment Fees Finding
a) The project will be available for the public at-large and the project will be used or will benefit more than the residents of the immediate vicinity; and
b) The project will be of obvious public benefit because it provides beautification of existing public facilities through the application of public artwork.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Council of the City of Arroyo Grande hereby accepts the donation of time and materials and waives encroachment permit fees for the Utility Box Painting project as described and shown in Exhibit “B” attached hereto and incorporated herein by this reference with the above findings and subject to the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.

On a 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 this 24th day of October 2023.

RESOLUTION NO.

PAGE 4
_______________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
_______________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_______________________________________

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

ISAAC ROSEN, CITY ATTORNEY

RESOLUTION NO.

PAGE 5
EXHIBIT “A”

CONDITIONS OF APPROVAL

UTILITY BOX PAINTING PROJECT

CITYWIDE

CONDITIONS OF APPROVAL
Planning Division

1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.

2. The public art shall be installed in conformance with the site design on Exhibit “B” of this Resolution.

3. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way.

4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition.

RESOLUTION NO.

PAGE 6
EXHIBIT B – UTILITY BOX PROJECT

RESOLUTION NO.

PAGE 7

RESOLUTION NO.

PAGE 8

RESOLUTION NO.

PAGE 9

RESOLUTION NO. 5118

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO

GRANDE AMENDING THE PUBLIC ART GUIDELINES AND PUBLIC

ART DONATION PROGRAM
WHEREAS, in 2002 the City Council approved measures to promote art in the community, establish a uniform process for the review and selection of public art on public and private property that would be reflective of the community but limit City Government involvement, and identify general guidelines and selection criteria to promote creativity and freedom of expression, but also compatibility with the character design and environment of the surrounding area; and
WHEREAS, in 2004 the City Council adopted a Resolution approving Public Art Guidelines and an Ordinance incorporating them by reference into the Municipal Code as part of the Design Guidelines and Standards for Mixed Use Districts; and WHEREAS, in 2011 the City Council amended the Design Guidelines and Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a Public Art Donation Program; and
WHEREAS, the City Council considered substantive and clerical amendments to the Public Art Guidelines and Public Art Donation Program on October 12, 2021; and WHEREAS, the City Council finds that this project is consistent with the City' s General Plan, Development Code, and the environmental documents associated therewith, and that the project is exempt under per Sections 15061( b)( 3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the Public Art Guidelines and Public Art Donation Program are hereby amended as shown in Exhibit A, attached hereto and incorporated herein by this reference.

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

AYES: Council Members Storton, George, Barneich, Paulding, and Mayor Ray Russom NOES: None
ABSENT: None
The foregoing Resolution was approved this 12th day of October, 2021.

Attachment 2

RESOLUTION NO. 5118
PAGE 2
Cii 4all"
CAREN RAT1TSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
pie
WHITNEY a ONALD, C MANAGER
APPROVE AS TO FORM:
nn
TIMOTHY J. CARMEL, CITY ATTORNEY

CITY OF ARROYO GRANDE PUBLIC ART
EXHIBIT " A"
Public Art Guidelines
And
Public Art Donation Program
Adopted by City Council
Resolution No. 3787
October 12, 2004
Ordinance No. 557
October 26, 2004
Amended by City Council
Resolution No. 4411
November 8, 2011
Amended by City Council
Resolution No.
2021
2004, 2011, 2021 City of Arroyo Grande
All Rights Reserved

CITY OF ARROYO GRANDE PUBLIC ART

PUBLIC ART GUIDELINES
Purpose
The purpose of these Guidelines is to create a framework to facilitate and encourage property owners to provide outdoor public art on their property, or, if approved by the Director of Community Development, in the adjacent public right- of-way. For purposes of these Guidelines Public Art" shall mean art located on non-residentially zoned private property that is displayed in an open area that is freely available to the general public or public accessibility is provided based upon the characteristics of the artwork or its placement on the site. Artwork may include freestanding pieces ( e. g., a sculpture or water fountain) or may be integrated into its surroundings as an architectural element ( e. g., relief sculpture embedded in pavement or a wall, a mosaic or mural on a wall, decorative railings or lighting).

These Guidelines are intended to assist artists, citizens and City officials and staff to understand the City's goals regarding art that is displayed in a manner that is available and accessible to the general public. The City recognizes that art and artistic expression is a protected activity and these Guidelines are not intended to unduly restrict creative expression or limit the types of public art possible. Rather, they are intended to facilitate and encourage the best possible combination of sites and artwork, and help to guide what is essentially a form of communication between the artist and the community.

Process
These Guidelines are applicable to public art projects proposed to be located on non- residentially zoned private property or by a private owner in the adjacent public right of way. The guidelines and criteria contained herein shall also apply to public art projects on City property. All Public Art shall be considered and approved by the City Council, in consultation with Arroyo Grande Public Art, and with the recommendation of the Recreation Department Director if the art is proposed to be placed on park property, and is subject to the Public Art Donation Program to the extent applicable.

Public Art Panel
In order to solicit community input and involvement for the consideration and promotion ofpublic art on private property in the City, a Public Art Panel has been established to review all public art.

The 7 member panel is made up of the following representatives to be convened as needed ( a minimum of 6 members shall be residents or business owners in Arroyo Grande):
2 representatives from the property owner.
2 representatives designated by Arroyo Grande Public Art. 1 representative from the Architectural Review Committee. 1 representative from the South County Chambers of Commerce. 1 representative from the Historical Society.

CITY OF ARROYO GRANDE PUBLIC ART
The Public Art Panel will convene to approve public art by a majority vote after the piece or plans are presented at a public hearing held by the City Council for the purpose of obtaining community input. Arroyo Grande Public Art shall act in an advisory capacity to the Public Art Panel.

Guidelines
The following guidelines developed by the San Luis Obispo County Arts Council are intended to facilitate and encourage Public Art that is proposed to be placed on non-residentially zoned private property or by a property owner on adjacent public right of way within the City:

1. Public art shall be of high artistic quality.

2. Public art shall be compatible with the immediate site and neighborhood in terms of social and cultural characteristics, architectural scale, materials, land use and geographical and environmental context.

3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private easements.

4. Consideration shall be given to any public safety or public health concerns related to, or created by, the artwork.

5. Public art shall be constructed of durable, high- quality materials and require minimal or no maintenance.

6. Public art shall be securely installed.

7. A wide variety of artistic expression is encouraged. However, expressions of profanity or vulgarity are inappropriate.

Selection Criteria
The following are considerations for the selection of public art

1. Relationship to the social, cultural and historical identity ofthe area

2. Evaluation of artistic excellence;

3. Appropriateness of scale, form, material, content and design relative to the immediate neighborhood;

4. Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering;

5. Ease of maintenance;

CITY OF ARROYO GRANDE PUBLIC ART

6. Appropriateness of proposed method of installation and artwork and safety and structural factors involved in installation;

7. Artist' s experience in working on comparable projects.

The City or Public Art Panel may consider a revolving art program for a proposed location on an ongoing basis.

Location
Public art is allowed in any district and is strongly encouraged in the Village Downtown, Village Mixed Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public Facility Districts. Promotion of public art visible from intersections within these districts as well as proximate to public gathering areas, plazas and public parking areas is highly recommended.

PUBLIC ART DONATION PROGRAM
Purpose
Public art can provide aesthetic, cultural and economic benefits to the community. The City of Arroyo Grande Public Art Donation Program is a means by which an artist, or an individual or group commissioning an artist, may donate, gift or bequeath public art to the City of Arroyo Grande for location in a City-owned public place.

Definition
Public art can be defined as" The engagement of an artist with a public place involving original, creative work by an individual or a group." This includes functional and original works of art that also serve as capital improvements, such as, but not limited to seating, fountains, lighting, and free standing art forms. Pre- fabricated manufactured items such as benches, fountains etc. are not considered public art.

Proposal
Proposals should include:

1. A donor application form ( See Attachment 1)

2. The artist or donor' s name,

3. Title of the work and artist statement

4. Description of the work( such as a photograph, artist' s rendering or computer generated image)

5. The materials and size of the work

6. A preferred public location

7. A statement from the donor and artist that the art is free of encumbrances

CITY OF ARROYO GRANDE PUBLIC ART

8. The artist' s resume if available

9. Estimated value of donated work

10. Recommended manner of installation

11. Estimated maintenance cost
Process
The following steps will result in the review and decision regarding a proposal:

I. The proposal would be submitted to the Community Development Department to review it to:
a. Determine ongoing and General Plan consistency, accuracy and appropriateness. b. Insure it would not create an undue risk or a safety problem. c. Consider maintenance requirements
d. Determine durability
e. Identify any engineering concerns

2. The proposal will be reviewed by the Recreation Department Director if placement is proposed on a park property.

3. Recommendations will be forwarded to the City Council for review and action during a public hearing. The Council would have final approval ofthe donation.

Guidelines for Review of the Proposal
The following guidelines would be used for review ofart donations:

1. Public art shall be of high artistic quality.

2. Public art shall be compatible with the immediate site and neighborhood in terms of social and cultural/ historical characteristics, architectural scale, materials, land use and geographical and environmental context.

3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private easements.

4. Consideration shall be given to any public safety or public health concerns related to or created by the artwork.

5. Public art shall be constructed of durable, high- quality materials and require minimal or no maintenance.

6. Public art shall be securely installed.

7. A wide variety of artistic expression is encouraged. However, expressions of profanity or vulgarity are inappropriate.

Display of Public Art

1. A contract shall be executed between the artist and the City establishing the terms of theproposed installation.

2. Artwork shall be displayed to include the artwork title, artist' s name, patron' s name if applicable and date of completion. The materials used and a short explanation of the work could be included as an option. Plaques will not be used for advertising purposes.

3. Prior to accepting the project, the Community Development Department shall receive from the artist or donor a set of plans, specifications, and a copy of a maintenance record, which identifies maintenance, installation and removal instructions. The transportation, installation and adjunct costs( such as engineering, a base for the artwork or other installation elements) related to artwork are the responsibility ofthe donor.

4. Once the art piece is installed ( by the donor under the supervision of City staff with the artist' s installation direction and donor installation funding), it will require inspection and sign off by a City Building Inspector.

5. Following inspection, the artwork shall become the property of the City. A publicized dedicati ceremony shall be held to present the art piece to the community.

Attachment 1

PUBLIC ART DONATION APPLICATION FORM
The Donor/ owner must complete and sign this application form. If the Donor/ owner is not the artist who created the artwork, the artist must also sign this application.

Artist/ Donor( Name, address and phone #)
Title of Work:

Description of Work (attach drawings or photographs or other graphic depiction):

Materials/ Size:

Proposed location ( inside or outside, location should be specific, for example, " at the entry of xyz park, or on the northwest corner of x street and y street) Maintenance Requirements:

An appraisal or other evidence of the Value of the proposed public artwork:

By signing this application below and in consideration for participating in the City' s Public art program, the artist/ owner hereby acknowledges and assigns the right to the City to collect any royalty payment provided by Civil Code section 986. Except as provided above, the artist/ owner further acknowledges and waives, for himself and his successors in interest, to the greatest extent allowed by law, any rights the artist/ owner may have under California Civil Code sections 986, 987, 988 and 989, or other applicable law.

The artist/ owner further acknowledges and understands that upon completion and installation of artwork, and upon its acceptance by the City Council, the work shall become the property of the City without any right of reversion in the artist/ owner. The City retains the right to remove or relocated the artwork in its sole discretion, as the interest of the public welfare, heath and safety may be required.

If the artwork is damaged, defaced, altered or destroyed by human acts, by acts of nature or otherwise, the City retains the right to remove, restore, repair or replace the artwork at any time in keeping with the artist' s original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in ay restoration work.

The artist/ owner agrees to an alternate site should the City Council determine a more appropriate location.

I have read, understood and accept the terms of this Application and represent that I am the of the artwork, which is the subject of this application.

Owner, artist, or owner and artist:

Signature
Print Name
Date:

I have read, understood and accept the terms of this Application and represent that I am the of the artwork, which is the subject of this application.

Owner, artist, or owner and artist:

Signature
Print Name

OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5118 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12th day of October, 2021.

WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of October, 2021.

JESSICA MATSON, CITY CLERK

ATTACHMENT 3

Item 12.a.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
DATE: October 24, 2023
SUMMARY OF ACTION:

The purpose of this pre-application discussion is to provide the City Council an opportunity to direct staff regarding potential ordinance revisions to allow educational institutions as an allowed use in the Regional Commercial zoning district.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Financial impacts related to preparation for the study session consist of staff time and legal counsel time for purposes of research and writing the staff report. Additional staff time would be required to prepare ordinance revisions, should the City Council provide that direction.

RECOMMENDATION:

Receive public comment and provide direction to staff regarding the development code amendment to allow educational institutions as a conditionally permitted use in the RC zone.

BACKGROUND:

The general plan outlines goals, objectives, and policies regarding the character of commercial uses and development throughout the City. Chapter 16.36 of the Arroyo Grande Municipal Code (AGMC) describes the intent and purpose of each of the City’s commercial and mixed-use districts and includes development standards that implement the general plan policies. The Regional Commercial (RC) district implements and is consistent with the Regional Commercial land use designation of the General Plan.

AGMC 16.36.020. It describes the purpose of the RC district as providing “areas for a

Item 12.a.

City Council
Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
October 24, 2023

diversity of commercial uses that serve community and regional needs for retail and personal services within distinctive and internally pedestrian-oriented shopping centers.” Cuesta College is exploring the possibility of establishing a satellite facility consisting of student classrooms, study hall, support services, and other resources for students in a vacant structure in the RC district, previously occupied by Pier One Imports. Currently, in the City’s development code, schools/educational institutions of any kind are not an allowed land use in the RC district. The purpose of this pre-application discussion with the City Council is to gauge interest in a development code amendment (DCA) that would establish educational facilities as an allowed use in the RC district.

Project Description
Although it is not a business, a Cuesta College facility in Arroyo Grande will likely have regional attraction. The nearest community colleges are the main Cuesta College campus in San Luis Obispo and Alan Hancock College in Santa Maria, which are nearly 40 miles apart. Cuesta College (Cuesta) currently operates its South County Center on Orchard Street, near Arroyo Grande High School, providing students support services, quality educational opportunities, workforce training, and transfer-oriented higher education.

Lucia Mar Unified School District leases Cuesta facilities and those are only available after 4:00 pm. A dedicated space would allow Cuesta to have greater flexibility in scheduling and would provide an opportunity to offer a wider range of coursework. The identified space would allow Cuesta to provide up to 5 classrooms, a study hall, and staff offices to support South County. The applicant has indicated that they anticipate starting

Item 12.a.

City Council
Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
October 24, 2023

classes in 2-3 years beginning slowly with 1-2 classes, and ramping up the schedule over time. When the facility is operating at maximum capacity, up to 90 students could be at the site at any one time for instruction, plus staff and any students that may be using resources available in the study hall.

ANALYSIS OF ISSUES:

Table 16.36.030 of the AGMC identifies allowed uses in each of the mixed-use and commercial districts, and their corresponding permit requirements. With regards to schools, two different types are listed in this table, and neither are allowed in the RC district. The two types are “Elementary, middle, and/or secondary schools”, and “Specialized education/training schools”. Colleges and upper education are captured in the broadly defined “Educational institutions” in AGMC Section 16.04, and are defined as “public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary, secondary, collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions.” Such institutions must either: (1) offer general academic instruction equivalent to the standards prescribed by the State Board of Education; (2) confer degrees as a college or university of undergraduate or graduate standing; (3) conduct research; or (4) give religious instruction. The definition does not include commercial or trade schools. Currently, educational institutions in which collegiate level coursework are offered are only allowed in the Public/Quasi-Public district. The proposed code amendment would amend Table

16.36.030 to add educational institutions as an allowed use in the RC zone.

General Plan Consistency
The underlying General Plan Use Designation for all parcels in the RC district is also Regional Commercial. Land Use Element Policy 7-2 describes the purpose of this land use category. It states “the RC district classification shall provide areas for retail and service businesses serving the regional population (trade area typically exceeding 50,000 people – roughly equivalent to the Five-Cities area). Businesses allowed to locate in RC areas shall include major retail commercial tenants associated with a regional mall, “power center” or outlet center.”
The intent of the Regional Commercial district is to provide retail opportunities that have appeal at a regional level and contribute to the general fund via collection of sales tax. A educational institution will not directly generate sales tax, but will bring a significant number of students to Arroyo Grande. These students will likely shop and dine in the city before, between, and after classroom sessions, therefore, staff has determined that it can reasonably be assumed that the educational facility will indirectly generate sales tax revenue, consistent with the intent of the RC zoning designation.

Item 12.a.

City Council
Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
October 24, 2023

Permit Requirements
A conditional use permit (CUP) is required to establish a school in the districts where educational institutions are an allowed land use. If Council is amenable to a development code amendment, staff recommends amending AGMC Section 16.36.030 to allow educational institutions as a conditionally permitted use in the RC zone. Pursuant to AGMC 16.16.050, a CUP is intended to allow the establishment of those uses that have some special impact or uniqueness such that their effects on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The permit application process allows for the review of the location and design of the proposed use, configuration of improvements, and potential impact on the surrounding area from the proposed use. The review shall determine whether the proposed use should be permitted, by weighing the public need for and benefit to be derived from the use against any adverse impact it may cause. Any adverse impacts will be evaluated and mitigated to the degree possible with potential operational conditions such as class scheduling and parking requirements. The Planning Commission is authorized to approve CUPs, and when any new construction or any changes to an exterior of a structure are involved, the Architectural Review Committee will also review the project and make a recommendation to the Planning Commission. The City Council would consider this project only in the event of an appeal of the Planning Commission’s decision of the project.

Parking
Parking rates for various land uses are described in AGMC Section 16.56.060. High schools and colleges are required to provide one parking space for each classroom and office, and five spaces for each classroom. Although these are the required parking space ratios in the AGMC, staff notes later in this report that the practical realities of Cuesta’s

Item 12.a.

City Council
Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
October 24, 2023

plans and ultimate build-out could dictate a higher parking need than required in the AGMC. Cuesta plans on creating up to five classrooms at this site, plus support offices and study hall. The parking requirements for colleges is established in the AGMC Section

16.56.060 and are illustrated in Table 1:

Table 1: Parking Requirements
Project Component Parking Rate Parking Required
Classrooms (x5) 5 spaces each 25 spaces
Study Hall 5 spaces 5 spaces
Offices (x3) 1 space each 3 spaces
Total 33 spaces
Retail uses are required to provide one parking space for every 250 square feet of gross floor area. The gross floor area of the existing building is approximately 9,400 square feet, which requires 38 spaces, 5 more than what would be required for the proposed use. A shared parking lot with 341 spaces serve all of the tenants at this site. The parking requirement for all of the uses in this portion of the Five Cities Center, including the proposed Cuesta facility, is 273 spaces. For purposes of this calculation, the parking rate of the last use was used to estimate a parking requirement for the vacant suites. The uses and parking requirements are provided in Table 2:

Table 2: Five Cities Center Parking Requirements
Use/Tenant Parking Req. Area Spaces
Req.

Cuesta College
1/classroom for staff
and 5/classroom for
students
6 classrooms (incl
study hall) 3 offices 33
Petco 1 space /250 sf 10,331 sf 42
European Wax
Center 1 space /250 sf 1357 sf 5
Massage Envy 1 space /250 sf 3312 sf 13
Verizon 1 space /250 sf 2275 sf 9
917 Rancho Pkwy 1 space /250 sf 2275 sf 9
The Parable 1 space /250 sf 2925 12
925 Rancho Pkwy 1 space /250 sf 1495 sf 6
929 Rancho Pkwy 1 space/100 sf of public
floor area 2,355 sf 24
Trader Joe’s 1 space /250 sf 11,700 sf 47
Wells Fargo
Advisors 1 space /250 sf 4000 sf 16

Item 12.a.

City Council
Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
October 24, 2023

991 Rancho Pkwy 1 space/100 sf of public
floor area 5700 sf 57
Total 273 spaces
There are 341 parking spaces available in this area, which results in a parking surplus of 68 spaces.

Cuesta College staff anticipates a maximum of 90 students to be at the facility at any one time. Despite compliance with the required parking rate, the number of vehicles anticipated to need somewhere to park could be much higher during times of peak demand. However, the noted 68 surplus in available parking is anticipated to be able to help address this need. In addition, all Cuesta students are able to ride Regional Transportation Authority buses for free with a valid student identification. The nearest bus stop to the proposed location is across Rancho Parkway in the 5 Cities Center. Bus ridership is expected to lessen the burden on the existing parking spaces and alleviate some concern about insufficient parking for the use.

As previously mentioned, staff recommends requiring a CUP to establish the land use if the development code is amended to allow educational institutions in the RC district. The CUP process provides an opportunity to impose conditions of approval to mitigate potential impacts. Conditions such as staggered class hours, limitations to the number of classes that can be held concurrently, and targeted education to students about parking availability and areas may be imposed to limit parking impacts on the adjacent businesses and residential neighborhood. By allowing educational institutions as a permitted use, the opportunity to impose conditions to mitigate potential impacts is not available because no discretionary permit would be required.

Other Considerations
Looking beyond this immediate request, a development code amendment could allow other educational institutions to be established in the RC district. By definition, educational institutions do not include trade schools and other commercial schools. Staff asks that the City Council consider whether the DCA should also include making schools an allowed use, which would permit trade and commercial schools in the RC district. Allowing educational institutions and schools would provide greater flexibility to managers and owners of property in the RC district when looking for a tenant to occupy vacant commercial spaces.

Overall, staff is generally supportive of the proposed development code amendment to allow educational institutions in the RC zone. Potential issues with the parking situation can be addressed during the review process of the CUP. Therefore, staff recommends that the City Council direct staff to move forward and process the requested development

Item 12.a.

City Council
Consideration of Pre-Application 23-003: Development Code Amendment to Make Educational Facilities a Conditionally Allowed Use in the Regional Commercial Zoning District; Applicant – Cuesta College
October 24, 2023

code amendment to allow educational institutions as a conditionally permitted use in the RC zone.

Next Steps
With feedback from City Council and the public, the applicant will decide whether to prepare an application to initiate the DCA and the requisite land use entitlement to establish an educational institution at this location. If an application is submitted, the project will undergo review from the Staff Advisory Committee and Architectural Review Committee prior to a public hearing with Planning Commission.

ALTERNATIVES:

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

1. Provide preliminary comments to the applicant regarding a potential development code amendment and establishment of an educational institution; or

2. Provide other direction to staff and/or the applicant.

ADVANTAGES:

The applicant is currently seeking comments and suggestions from the City Council and the public on processing a DCA and CUP to establish an educational institution in the RC district. Comments made on the proposal will provide the applicant with information to make a decision whether or not to submit an application for the subject project. A preapplication discussion also provides an opportunity for Council and the public to provide feedback about the use and code amendments prior to the submittal of a formal application.

DISADVANTAGES:

Educational institutions do not directly generate sales tax revenue, as intended for uses in the RC district, but will bring a significant number of students into the City that will presumably shop and dine at other businesses located in the City, indirectly resulting in sales tax revenue.

ENVIRONMENTAL REVIEW:

No environmental review is required for the pre-application discussion. Appropriate environmental review will be conducted as part of processing the formal project submittal pursuant to the California Environmental Quality Act (CEQA).

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.