Arroyo Grande City Council
November 28, 2023

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, November 28, 2023, 5:00 p.m.

CLOSED SESSION MEETING 5:00 P.M
REGULAR MEETING 6:00 P.M.

In person at:

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

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

CLOSED SESSION MEETING 5:00 P.M.

1. CALL TO ORDER

2. ROLL CALL

3. FLAG SALUTE

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS

5. CLOSED SESSION
The City Council will recess to a closed session for the following and will report any reportable action at the City Council Regular meeting at 6:00 p.m.:
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
b) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Unrepresented employee: City Manager
c) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:

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

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

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

5. AGENDA REVIEW

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

City Council Closed Session Meeting of November 17, 2023 a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council Closed Session Meeting of November 18, 2023 a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council Closed Session Meeting of November 28, 2023 a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
b) LABOR NEGOTIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: City Attorney
Unrepresented employee: City Manager
c) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:

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

5.b Ordinances read in title only
Recommended Action:

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

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Designating December 2023 as Peace and Nonviolence Month

6.b 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 October 16 through October 31, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

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

Approve the minutes of the Regular City Council Meeting of November 14, 2023, and the Special City Council Meetings of November 17, 2023 and November 18, 2023, as submitted.

9.c Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday Parade & Jingle Bell Dash on December 3, 2023; Approve Street Closures in the Village; and Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e) (PEDROTTI)
Recommended Action:

Adopt a Resolution approving Temporary Use Permit 23-012 authorizing the Arroyo Grande Holiday Parade and Jingle Bell Dash in the Village and approving the closure of streets.

9.d Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected City Streets
(SWEENEY)
Recommended Action:
1) Adopt a Resolution extending the existing five-year radar speed surveys for selected City streets an additional two years; and 2) Determine that this extension is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.e Monthly Water Supply and Demand Update
(SWEENEY)
Recommended Action:

Receive and file the Monthly Water Supply and Demand Update.

9.f Consideration of the Summary Vacation of a Public Utility Easement and Acceptance of a Grant of a Sanitary Sewer Easement and Located at 605 Eman Court (PEDROTTI)
Recommended Action:

Adopt a Resolution summarily vacating the public utility easement and accepting the grant of a sanitary sewer easement at 605 Eman Court pursuant to Streets and Highways Code Section 8330 et seq. and making a finding that the action is not a project under CEQA or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (“common sense exemption”).

9.g Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act
(PEDROTTI)
Recommended Action:
1) Adopt the Ordinance amending Section 16.84 of the Arroyo Grande Municipal Code; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(2), (3), 15378, and in the alternative, State CEQA Guidelines Section 15061(b)(3).

10. PUBLIC HEARINGS

10.a Consider a Resolution for 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:

On October 24, 2023, this public hearing item was opened and continued to a date certain of November 28, 2023. Staff requests that this item be considered on January 9, 2024, and will re-notice a public hearing for that date. City staff has worked with applicant to find a mutually satisfactorily date for the hearing and determined January 9, 2024 works with applicant’s availability.

11. OLD BUSINESS

11.a Consideration of an Award of Contract to ADT Commercial, LLC for Construction of the Public Safety Camera System Project, PW 2023-10 and Find the Action Exempt From CEQA
(SWEENEY)
Recommended Action:
1) Award a contract for the Public Safety Camera System Project to ADT Commercial, LLC in the amount of $430,411, in substantially final form subject to any minor, technical or non-substantive changes approved by the City Manager in consultation with the City Attorney; 2) Authorize the City Manager to approve change orders of 20% of the contract amount, $86,082.21, for unanticipated costs during the construction phase of the Project; 3) Determine that the Project is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301).

12. NEW BUSINESS

12.a Appointment of City Manager and Approval of Employment Agreement (contingent on status of recruitment and pending negotiation)
(ROSEN)
Recommended Action:

Appoint City Manager and approve the employment agreement in substantial final form subject to any minor technical changes that may be necessary.

12.b Consideration of an Agreement with A-Town AV for the Council Chamber Audio/Video System Project Upgrade and Request to Approve a Budget Adjustment Request and Find the Action Exempt from CEQA
(VALENTINE)
Recommended Action:

Approve an Agreement with A-Town AV for design and installation services for the Audio/Video system project upgrade and approve a budget adjustment request.

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.

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HONORARY PROCLAMATION DESIGNATING
DECEMBER 2023 AS

PEACE AND NONVIOLENCE MONTH
WHEREAS, it is the mission of the City to make Arroyo Grande the best place possible for everyone who lives, works, and visits; and
WHEREAS, the Arroyo Grande community calls for local civic action to stop hate and biases that pose a threat to the safety of our people and neighborhoods; and WHEREAS, discrimination causes disparate and unequal outcomes in housing, education, employment, criminal justice, health, and leads to economic hardships; and racism, bias, and hate has no place in our society or in our community. We must protect the constitutional rights of everyone in our community and foster a community that is welcoming to all people regardless of race, ethnicity, religion, or sexual orientation; and
WHEREAS, the City of Arroyo Grande is dedicated to preventing and opposing hate and intolerance in our communities; and
WHEREAS, we recognize that a resolution or a single action, in and of itself, will not change a community but rather that we are all responsible, both individually and collectively, for creating and fostering an antiracist and unbiased community in our words and actions, and that we must actively acknowledge and stand-up against bias and discrimination of any kind; and WHEREAS, education, compassion, and cooperation are key to understanding and embracing differences between people; and
WHEREAS, on January 11, 2022, the Arroyo Grande Council adopted a resolution adopting a Diversity, Equity, Inclusion and Justice Policy; and
WHEREAS, the City of Arroyo Grande seeks to address systemic racism and inequality through our Diversity, Equity, Inclusion and Justice Policy; and
WHEREAS, the City of Arroyo Grande is committed to supporting diversity, equity, inclusion, and justice, in all facets of society; and
WHEREAS, the City of Arroyo Grande believes diversity strengthens the community and will continue to stand firmly against hate and biases wherever it may be.

WHEREAS, a proclamation that the month of December be designated for promotion of these central goals of peace, nonviolence, and anti-racism will bring awareness and support the City's commitment to diversity, equity, inclusion, and justice, in all facets of society and government; and NOW, THEREFORE, BE IT RESOLVED that I, Caren Ray Russom, Mayor of the City of Arroyo Grande, do hereby proclaim December 2023 as Peace & Nonviolence Month.

CAREN RAY RUSSOM, MAYOR
Item 6.a.

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: November 28, 2023
SUMMARY OF ACTION:

Review and ratify cash disbursements for the period of October 16 through October 31, 2023.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $ 1,968,671.86 fiscal impact for the period of October 16 through October 31, 2023, that includes the following items:
 Accounts Payable Checks $ 1,505,882.99
 Payroll & Benefit Checks $ 462,788.87
RECOMMENDATION:
1) Ratify the attached listing of cash disbursements for the period of October 16 through October 31, 2023; 2) Determine that ratifying the cash disbursements is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) BACKGROUND:

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

Item 9.a.

City Council
Consideration of Cash Disbursement Ratification
November 28, 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 2023-24 budget.

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. (c)(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. October 16 through October 31, 2023 – Accounts Payable Check Register

2. October 20, 2023 – Payroll & Benefit Check Register

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 1 10/17/2023 299108 $ 4,682.69 11/23 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP2 10/17/2023 299108 358.87 11/23 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP3 10/17/2023 299108 602.12 11/23 RETIREE MEDICAL-FCFA 010.0000.1111 ICMA RETIREMENT CORP4 10/19/2023 299109 294.43 CANDY FOR HALLOWEEN IN THE VILLAGE 010.4145.5508 CAMELA SCHAAF5 10/20/2023 299110 1,500.00 WATER TRUCK FOR HARVEST FESTIVAL 220.4303.5552 A-1 WATER1 10/20/2023 299111 781.84 PATROL SAFETY EQUIPMENT - BODY ARMOR REPL 010.4201.6201 ADAMSON INDUSTRIES, INC 2 10/20/2023 299112 379.28 SUPPLIES FOR CALPOLY CITY APPRECIATION DAY 010.4001.5201 AMAZON CAPITAL SERVICES3 10/20/2023 299112 12.23 OFFICE SUPPLIES-HAND SANITIZER 010.4120.5201 AMAZON CAPITAL SERVICES4 10/20/2023 299112 12.80 HATS 010.4213.5255 AMAZON CAPITAL SERVICES5 10/20/2023 299112 197.81 TRASH BAGS 010.4213.5604 AMAZON CAPITAL SERVICES6 10/20/2023 299112 113.63 CEILING TILES 010.4213.5604 AMAZON CAPITAL SERVICES7 10/20/2023 299112 1,023.02 TOILET PAPER 010.4213.5604 AMAZON CAPITAL SERVICES8 10/20/2023 299112 243.50 TRASH CAN LIDS-RUBBERMAID BRUTE 010.4420.5605 AMAZON CAPITAL SERVICES9 10/20/2023 299112 38.22 OFFICE SUPPLIES-CALCULATOR 220.4303.5201 AMAZON CAPITAL SERVICES10 10/20/2023 299112 20.29 OFFICE SUPPLIES-HIGHLIGHTERS 220.4303.5201 AMAZON CAPITAL SERVICES11 10/20/2023 299112 71.63 COPY PAPER 220.4303.5201 AMAZON CAPITAL SERVICES12 10/20/2023 299112 134.10 SAFETY GLASSES 220.4303.5255 AMAZON CAPITAL SERVICES13 10/20/2023 299112 311.80 BLACK NITRILE GLOVES 220.4303.5255 AMAZON CAPITAL SERVICES14 10/20/2023 299112 14.64 GREASE GUN COUPLER 220.4303.5613 AMAZON CAPITAL SERVICES15 10/20/2023 299112 18.59 OFFICE SUPPLIES-LEGAL PADS 640.4710.5201 AMAZON CAPITAL SERVICES16 10/20/2023 299112 40.59 OFFICE SUPPLIES-HIGHLIGHTERS 640.4710.5201 AMAZON CAPITAL SERVICES17 10/20/2023 299112 143.27 COPY PAPER 640.4710.5201 AMAZON CAPITAL SERVICES18 10/20/2023 299112 71.64 COPY PAPER 010.4307.5201 AMAZON CAPITAL SERVICES19 10/20/2023 299112 20.29 OFFICE SUPPLIES-HIGHLIGHTERS 010.4307.5201 AMAZON CAPITAL SERVICES20 10/20/2023 299112 532.73 SUPPORT FLEET SUPPLIES 010.4204.5255 AMAZON CAPITAL SERVICES21 10/20/2023 299112 1,454.13 IT-REPLACEMENT LAPTOPS 010.4140.5702 AMAZON CAPITAL SERVICES22 10/20/2023 299113 12,384.40 PURCHASE WATER METERS & REPLACEMENT PARTS 640.4712.5207 AQUA-METRIC SALES CO(DBA)23 10/20/2023 299114 100.00 USED OIL SVC-PW 010.4305.5303 ASBURY ENVIROMENTAL SVCS24 10/20/2023 299114 139.69 PARTS WASHER RENTAL/SERVICE 010.4305.5303 ASBURY ENVIROMENTAL SVCS25 10/20/2023 299115 183.52 ACCT#238451-01839190 RADIO 010.4145.5403 AT & T26 10/20/2023 299116 29.98 BAN#9391033183 010.4201.5403 AT&T27 10/20/2023 299116 176.03 BAN#9391033184 010.4201.5403 AT&T28 10/20/2023 299116 69.38 BAN#9391033187 010.4201.5403 AT&T29 10/20/2023 299117 130.48 10/23 TOWER LEASE 010.4201.5303 ATC SEQUOIA LLC30 10/20/2023 299118 200.00 D.O. INSPECTION PW FUEL ISLAND 010.4305.5303 B & T SVC STN CONTRACTORS, INC31 10/20/2023 299119 15,640.68 09/23 CITY ATTORNEY-GENERAL 010.4003.5304 BEST BEST & KRIEGER LLP32 10/20/2023 299119 4,469.00 09/30 CITY ATTORNEY-CD 010.4003.5327 BEST BEST & KRIEGER LLP

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 33 10/20/2023 299119 $ 205.00 09/30 CITY ATTORNEY-CITY COUNCIL 010.4003.5327 BEST BEST & KRIEGER LLP34 10/20/2023 299119 1,189.00 09/30 CITY ATTORNEY-CONFLICT OF INTEREST 010.4003.5327 BEST BEST & KRIEGER LLP35 10/20/2023 299119 1,885.00 09/30 CITY ATTORNEY-400 W BRANCH 010.4003.5327 BEST BEST & KRIEGER LLP36 10/20/2023 299119 162.50 09/30 CITY ATTORNEY- EMPLOYMENT/LABOR 010.4003.5327 BEST BEST & KRIEGER LLP37 10/20/2023 299119 3,515.00 09/30 CITY ATTORNEY-PRA/ARC 010.4003.5327 BEST BEST & KRIEGER LLP38 10/20/2023 299119 130.00 09/30 CITY ATTORNEY-TELECOMMUNICATIONS 010.4003.5327 BEST BEST & KRIEGER LLP39 10/20/2023 299119 3,382.50 09/30 CITY ATTORNEY-PUBLIC WORKS 010.4003.5327 BEST BEST & KRIEGER LLP40 10/20/2023 299120 26.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH41 10/20/2023 299120 26.00 CAR WASH-PW-8 & PW-4 ENGINEERING 010.4301.5601 BOB'S EXPRESS WASH42 10/20/2023 299120 26.00 CAR WASH PW-69 & PW-70 220.4303.5601 BOB'S EXPRESS WASH43 10/20/2023 299120 13.00 CAR WASH-PW68 640.4712.5601 BOB'S EXPRESS WASH44 10/20/2023 299120 341.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH45 10/20/2023 299120 172.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH46 10/20/2023 299121 166.04 OFFICE SUPPLIES-BUSINESS CARDS 010.4201.5201 BOONE PRINTING & GRAPHICS INC47 10/20/2023 299122 1,875.54 PATROL--FIRST AID SUPPLIES & EQUIPMENT 010.4203.5272 BOUND TREE MEDICAL, LLC48 10/20/2023 299123 565.45 UWMP PRINTING 640.4710.5303 BURDINE PRINTING (DBA)49 10/20/2023 299124 44.33 PD-4606 AC RECHARGE 010.4203.5601 CARQUEST AUTO PARTS50 10/20/2023 299125 65.00 09/23 REIMBURSE JUIJITSU 010.4203.5501 JASON CASTILLO51 10/20/2023 299126 1,349.00 ACCT#170563401 CITY HALL FIBER 010.4140.5303 CHARTER COMMUNICATIONS52 10/20/2023 299126 58.63 ACCT#090058901 CITY HALL TV 010.4145.5401 CHARTER COMMUNICATIONS53 10/20/2023 299126 754.92 ACCT#170563801 REC DARK FIBER & TV 010.4145.5401 CHARTER COMMUNICATIONS54 10/20/2023 299126 736.80 ACCT#170564001 PW DARK FIBER 010.4145.5401 CHARTER COMMUNICATIONS55 10/20/2023 299126 987.20 ACCT#170562201 PD DARK FIBER 010.4145.5401 CHARTER COMMUNICATIONS56 10/20/2023 299126 178.75 ACCT#170562101 PD TV 010.4145.5401 CHARTER COMMUNICATIONS57 10/20/2023 299126 327.16 ACCT#170562601 WOMEN'S CLUB DARK FIBER 010.4145.5401 CHARTER COMMUNICATIONS58 10/20/2023 299126 115.71 ACCT#170563101 COUNCIL CHAMBER 010.4145.5401 CHARTER COMMUNICATIONS59 10/20/2023 299126 1,349.00 ACCT#170563301 COUNCIL CHAMBER 211.4101.5330 CHARTER COMMUNICATIONS60 10/20/2023 299127 1,827.36 JUNIPER SWITCHES FOR 2023/24 010.4140.5303 CIO SOLUTIONS LP61 10/20/2023 299127 3,546.00 1 YR PW TC ESS DL360 GEN 10 SVC 010.4140.5303 CIO SOLUTIONS LP62 10/20/2023 299127 4,768.00 10/23 IT SUPPORT 010.4140.5303 CIO SOLUTIONS LP63 10/20/2023 299127 1,550.00 10/23 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP64 10/20/2023 299127 330.00 09/23 STAFF AUGMENTATION 010.4140.5303 CIO SOLUTIONS LP65 10/20/2023 299127 6,263.51 09/23 HPE TECH CARE BASIC EXCHANGE SVC 010.4140.5303 CIO SOLUTIONS LP66 10/20/2023 299127 6,046.80 10/23 MICROSOFT 365 010.4140.5607 CIO SOLUTIONS LP67 10/20/2023 299128 860.00 09/23 WATER SAMPLES 640.4710.5310 CLINICAL LABORATORY OF68 10/20/2023 299129 372.59 ACCT#2901-1271650-01 METRO INTERNET 010.4140.5303 DIGITAL WEST NETWORKS INC69 10/20/2023 299130 762.20 2022 CONCRETE REPAIRS 350.5658.7501 EIKHOF DESIGN GROUP

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 70 10/20/2023 299131 $ 40.00 AICC ALAN HANCOCK COLLEGE LOMPOC PER DIEM 010.4204.5501 ELIA ESPARZA71 10/20/2023 299132 225.00 DRE CERTIFICATION SITE TRAINING PER DIEM 010.4203.5501 ALEJANDRO ESTRADA72 10/20/2023 299133 375.00 FIREARMS INSTRUCTOR TRAINING PER DIEM 010.4204.5501 ANTHONY ESTRADA73 10/20/2023 299134 65.00 09/23 REIMBURSE JUIJITSU 010.4203.5501 ANTHONY ESTRADA74 10/20/2023 299135 $188.00 PD-4602 TIRE MOUNTING 010.4203.5601 FIGUEROA'S TIRES75 10/20/2023 299136 22,500.00 PROGRAM MANAGEMENT - CITY OF AG 010.4307.5303 FILIPPIN ENGINEERING76 10/20/2023 299137 347.49 COMMUNITY RELATIONS-STICKERS 010.4201.5504 FOREMOST PROMOTIONS77 10/20/2023 299138 288.00 ACER MONITORS -FINANCE 010.4140.5702 ITSAVVY LLC78 10/20/2023 299139 843,506.90 2022 STREET REPAIRS CONSTRUCTION CONTRACT 350.5638.7001 JJ FISHER CONSTRUCTION, INC.79 10/20/2023 299140 2,600.00 VIDEO INSPECTION-SEWER MAIN LINING CIP 612.5817.7501 MAINLINE UTILITY COMPANY80 10/20/2023 299141 4,333.34 2023 AUDIT TO DATE 010.4120.5303 MOSS, LEVY & HARTZHEIM LLP81 10/20/2023 299141 4,333.33 2023 AUDIT TO DATE 612.4610.5303 MOSS, LEVY & HARTZHEIM LLP82 10/20/2023 299141 4,333.33 2023 AUDIT TO DATE 640.4710.5303 MOSS, LEVY & HARTZHEIM LLP83 10/20/2023 299142 159.98 COPY PAPER 010.4102.5201 ODP BUSINESS SOLUTIONS LLC84 10/20/2023 299143 171.21 COPIER METER READ 8/28-9/27 010.4204.5602 OFFICE185 10/20/2023 299144 17,646.79 ELECTRIC-STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO86 10/20/2023 299145 38.00 09/23 UNIFORM CLEANING- PD ADMIN 010.4201.5303 PARAMOUNT CLEANERS87 10/20/2023 299145 1,179.00 09/23 UNIFORM CLEANING- PD PATROL 010.4203.5303 PARAMOUNT CLEANERS 88 10/20/2023 299145 42.00 09/23 UNIFORM CLEANING-PD SUPPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS89 10/20/2023 299146 200.00 08/23 PARKING CITATION PROCESS 010.4204.5303 PHOENIX GROUP90 10/20/2023 299147 25.38 09/23 COUNCIL CHAMBERS WATER 010.4213.5303 READYREFRESH BY NESTLE91 10/20/2023 299148 12.50 08/23 PARKING CITATION REV DIS 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER 92 10/20/2023 299149 4,600.00 FY23/24 BOMB TASK FORCE 010.4201.5328 SLO COUNTY SHERIFF'S DEPT93 10/20/2023 299149 20,000.00 FY23/24 SHERIFF'S SPEC OP UNIT 010.4201.5328 SLO COUNTY SHERIFF'S DEPT94 10/20/2023 299150 14.79 GAS SERVICES-350 S ELM ST 010.4145.5401 SOCALGAS95 10/20/2023 299150 65.16 GAS SERVICES-1375 ASH ST 010.4145.5401 SOCALGAS96 10/20/2023 299150 18.15 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS97 10/20/2023 299151 375.00 EMSA FIRST AID/CPR TRAINING PER DIEM 010.4203.5501 GARRETT SOUSA98 10/20/2023 299152 750.00 ANTHONY ESTRADA -LAW ENFORCEMENT 010.4204.5501 TACTICAL FIREARMS TRAINING99 10/20/2023 299153 562.99 TPMSA TOOL KIT 010.4305.5273 TCA TOOLS INC100 10/20/2023 299153 327.24 STRAP WRENCH, BATTERY, FLEX WRENCH 010.4305.5603 TCA TOOLS INC101 10/20/2023 299153 563.00 TPMSA TOOL KIT 010.4305.5603 TCA TOOLS INC102 10/20/2023 299154 1,220.93 UNIFORMS-SVC STRIPES & CHEVRONS 010.4203.5272 TEMPLETON UNIFORMS103 10/20/2023 299155 966.00 RECERTIFY RADAR UNITS 010.4203.5601 THE RADAR SHOP INC104 10/20/2023 299156 108.00 UNIFORMS-EMBROIDERY 010.4203.5272 THE TOP SHOP105 10/20/2023 299157 75.00 09/23 INVESTIGATIVE SVCS 010.4204.5303 TRANSUNION RISK106 10/20/2023 299158 304.08 ACCT#208620661-00003 CITY IPAD 010.4145.5403 VERIZON WIRELESS

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 107 10/20/2023 299159 $ 100.00 10/23 DOCUMENT SHREDDING SVC 010.4201.5303 VITAL RECORDS CONTROL108 10/20/2023 299160 1,531.25 SSMP 5 YEAR UPDATE 612.4610.5303 WALLACE GROUP A CALIF CORP109 10/20/2023 299161 49.83 UB Refund Cst #00025224 640.0000.2301 KATHERINE CORNER110 10/20/2023 299162 207.04 UB Refund Cst #00028110 640.0000.2301 MATT JANOWICZ111 10/20/2023 299163 46.50 UB Refund Cst #00002016 640.0000.2301 KEN KLEIST112 10/20/2023 299164 26.27 UB Refund Cst #00028464 640.0000.2301 CHANDLER STEWART113 10/20/2023 299165 56,318.93 FEDERAL WITHHOLDING: Payment 011.0000.2104 CITY OF ARROYO GRANDE114 10/20/2023 299165 53,060.56 SOCIAL SECURITY: Payment 011.0000.2105 CITY OF ARROYO GRANDE115 10/20/2023 299165 14,621.39 MEDICARE: Payment 011.0000.2105 CITY OF ARROYO GRANDE116 10/20/2023 299166 22,813.62 STATE WITHHOLDING: Payment 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT117 10/20/2023 299166 3,781.16 CASDI: Payment 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT118 10/20/2023 299167 458.76 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT119 10/20/2023 299168 4,911.82 DEFERRED COMPENSATION - EE %: Payment 011.0000.2117 ICMA RETIREMENT CORP120 10/20/2023 299168 10,567.20 DEFERRED COMPENSATION - EE: Payment 011.0000.2117 ICMA RETIREMENT CORP121 10/20/2023 299168 850.00 DEFERRED COMPENSATION - ER: Payment 011.0000.2117 ICMA RETIREMENT CORP122 10/20/2023 299168 310.00 ROTH - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP123 10/20/2023 299168 187.64 ROTH % - AFTER TAX: Payment 011.0000.2117 ICMA RETIREMENT CORP124 10/20/2023 299169 41,804.53 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT125 10/20/2023 299169 57,647.15 PERS RETIREMENT: Payment 011.0000.2106 PERS - RETIREMENT126 10/20/2023 299169 1,392.84 PERS Employer Pick Up: Payment 011.0000.2106 PERS - RETIREMENT127 10/20/2023 299169 0.25 ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT128 10/20/2023 299170 555.61 PARS: Payment 011.0000.2107 US BANK OF CALIFORNIA129 10/27/2023 299171 678.92 AFLAC PRE TAX: Payment 011.0000.2126 AFLAC INSURANCE130 10/27/2023 299172 2,893.50 POLICE DEPT DUES: Payment 011.0000.2116 ARROYO GRANDE POLICE ASSN131 10/27/2023 299173 3,740.00 AG CAREER FIREFIGHTERS ASSN: Payment 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS132 10/27/2023 299174 43.90 PRE-PAID LEGAL SERVICES: Payment 011.0000.2125 LEGALSHIELD133 10/27/2023 299175 1,636.91 SEIU DUES: Payment 011.0000.2118 S.E.I.U. LOCAL 620134 10/27/2023 299176 750.00 08/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC135 10/27/2023 299176 750.00 09/23 WEBSITE STREAMING & ARCHIVING 010.4002.5303 AGP VIDEO, INC136 10/27/2023 299176 1,612.50 08/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC137 10/27/2023 299176 2,450.00 09/23 CABLECASTING 010.4002.5330 AGP VIDEO, INC138 10/27/2023 299177 128.13 CC MEETING SUPPLIES, OFFICE SUPPLIES 010.4001.5201 AMAZON CAPITAL SERVICES139 10/27/2023 299177 17.22 OFFICE SUPPLIES 010.4102.5201 AMAZON CAPITAL SERVICES140 10/27/2023 299178 480.00 09/23 VILLAGE WATERING 010.4420.5605 ARROYO GRANDE IN BLOOM INC141 10/27/2023 299179 23.13 BAN#9391033180 CITY HALL FAX 010.4145.5403 AT&T142 10/27/2023 299180 1,320.00 PURCHASING POLICY UPDATE 010.4120.5303 BAKER TILLY US LLP143 10/27/2023 299181 9,000.00 REFUND-AFFORDABLE IN LIEU FEE 232.0000.4766 CHARLES BELMONT

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 144 10/27/2023 299182 $ 7,000.00 REFUND-AFFORDABLE IN LIEU FEE 232.0000.4766 BRIAN BENJAMIN145 10/27/2023 299183 80.00 REFUND-ROLLER SKATING CLASS 010.0000.4605 DUSTIN BOLTON146 10/27/2023 299184 935.52 NEWSLETTERS-ENGLISH & SPANISH 010.4102.5255 BOONE PRINTING & GRAPHICS INC147 10/27/2023 299184 557.69 UTLITY ENVELOPES & SVC ORDER FORMS 010.4102.5255 BOONE PRINTING & GRAPHICS INC 148 10/27/2023 299184 232.04 AGGPU FLYERS 010.4102.5255 BOONE PRINTING & GRAPHICS INC149 10/27/2023 299185 181.06 WORK BOOTS-BUILDING MAINTENANCE 010.4213.5148 BOOT BARN INC150 10/27/2023 299185 151.70 WORK BOOTS- STREETS 220.4303.5148 BOOT BARN INC151 10/27/2023 299185 146.80 WORK BOOTS-ENGINEERING 010.4307.5148 BOOT BARN INC152 10/27/2023 299186 339.88 CITY SHIRTS-HARVEST FESTIVAL 010.4145.5508 BRAND CREATIVE153 10/27/2023 299187 20.00 REFUND-OCT & NOV UKULELE CLASS 010.0000.4605 DEBORAH BROWN154 10/27/2023 299188 56.03 POLY 2X6FT BANNER 010.4424.5252 BURDINE PRINTING (DBA)155 10/27/2023 299189 336.00 07/23-09/23 DIESEL FUEL TAX RETURN 010.0000.1202 CA DEPT OF TAX & FEE ADMIN156 10/27/2023 299190 1,892.63 07/23-09/23 SMIP 010.0000.2208 CA ST DEPT OF CONSERVATION157 10/27/2023 299190 (94.63) SMIP ADMIN FEE 010.0000.4801 CA ST DEPT OF CONSERVATION 158 10/27/2023 299191 4,413.05 08/23 CMC WEED ABATEMENT, HEDGING 010.4420.5303 CA ST DEPT OF CORRECTIONS159 10/27/2023 299191 2,212.47 09/23 CMC TREE TRIMMING, HEDGING 220.4303.5303 CA ST DEPT OF CORRECTIONS160 10/27/2023 299192 375.00 07/23-09/23 STATE GREEN BLDG STANDARDS 010.0000.2223 CALIFORNIA BUILDING STANDARDS 161 10/27/2023 299192 (37.50) ADMIN/CODE ENF EDUC FEE 010.0000.2223 CALIFORNIA BUILDING STANDARDS162 10/27/2023 299193 1,680.00 ANNUAL CREEK WINTERIZATION 220.4303.5303 CALIFORNIA CONSERVATION CORPS163 10/27/2023 299194 199.00 REFUND-SCIENCE DIPPITY CLASS 010.0000.4605 TREVOR CARDINAL164 10/27/2023 299195 10.42 GOPHER MACHINE PARTS 010.4420.5603 CARQUEST AUTO PARTS165 10/27/2023 299195 9.17 PW-15 TOGGLE SWITCH 220.4303.5601 CARQUEST AUTO PARTS166 10/27/2023 299196 5,469.78 FY23/24 CIVICREC ANNUAL FEE 010.4140.5303 CIVICPLUS LLC167 10/27/2023 299197 118.20 PW-1 PRECLEANER 220.4303.5603 COASTLINE EQUIPMENT(DBA)168 10/27/2023 299198 324.84 DEWALT MAX BATTERIES 010.4430.5255 CONTRACTORS MAINT.SERVICE169 10/27/2023 299198 8.96 GOPHER MACH-FUEL JOINT ASSEMBLY 010.4430.5603 CONTRACTORS MAINT.SERVICE170 10/27/2023 299198 30.73 GB SOLVENT-PUMP CONDITIONER 010.4430.5603 CONTRACTORS MAINT.SERVICE171 10/27/2023 299198 (265.47) RETURN-LITHIUM ION BATTERY 010.4430.5605 CONTRACTORS MAINT.SERVICE172 10/27/2023 299198 265.47 LITHIUM ION BATTERY 010.4430.5605 CONTRACTORS MAINT.SERVICE173 10/27/2023 299199 42,869.82 BUILDING DEPARTMENT CONTRACT SERVICES 010.4212.5303 CSG CONSULTANTS INC174 10/27/2023 299200 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 JAY DANIEL175 10/27/2023 299201 225.00 REFUND-PICKLEBALL 010.0000.4605 CAROLEE DASMANN176 10/27/2023 299201 15.00 REFUND-PICKLEBALL 010.0000.4605 CAROLEE DASMANN177 10/27/2023 299202 400.00 09/23 NETBILL MONTHLY MAINTENANCE 640.4710.5303 DATAPROSE LLC178 10/27/2023 299202 469.56 09/23 NETBILL CC TRANSACTIONS 640.4710.5555 DATAPROSE LLC179 10/27/2023 299202 1,486.88 09/23 UTILITY BILL MAILING 640.4710.5208 DATAPROSE LLC180 10/27/2023 299202 117.39 09/23 NETBILL CC TRANSACTIONS 612.4610.5555 DATAPROSE LLC

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 181 10/27/2023 299203 $ 401.79 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS182 10/27/2023 299204 150.00 11/7-11/8 ADV SEARCH WARRANTS 010.4204.5501 ANTHONY ESTRADA183 10/27/2023 299205 1,423.16 TRASH CAN LINERS 010.4420.5605 FASTENAL COMPANY184 10/27/2023 299206 25.00 PW-56 INSTALL RIM SENSOR 010.4420.5601 FIGUEROA'S TIRES185 10/27/2023 299207 171.00 REFUND BUS LIC BL23-000290 010.0000.4050 FINFROCK MARKETING186 10/27/2023 299208 3,000.00 GASBS 75 REPORTS 2023-CITY 010.4120.5303 FOSTER & FOSTER INC 187 10/27/2023 299208 1,000.00 GASBS 75 REPORTS 2023-FCFA 010.0000.1111 FOSTER & FOSTER INC 188 10/27/2023 299209 17.51 RESTROOM KEYS 010.4213.5604 FRANK'S LOCK & KEY189 10/27/2023 299210 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 BROOKE GUITON190 10/27/2023 299211 351.00 ELEVATOR MAINT-3RD QTR 2023 010.4213.5303 HEACOCK ELEVATOR CO.191 10/27/2023 299212 1,900.00 EMERGENCY TREE REMOVAL-MASON STREET 220.4303.5303 JTS INC192 10/27/2023 299213 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KAYLA KING193 10/27/2023 299214 954.00 CASH FOR GRASS-954 SQFT 226.4306.5554 THOMAS KORMAN194 10/27/2023 299215 110.00 REIMBURSEMENT FOR PICKLEBALL PRIZES 010.4424.5351 MAUREEN LEWIS195 10/27/2023 299215 250.00 10/14 PICKLEBALL TOURNAMENT 010.4424.5351 MAUREEN LEWIS196 10/27/2023 299216 240.00 08/23 OCC FACILITY USAGE- ZUMBA 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST197 10/27/2023 299216 819.00 08/23 OCC FACILITY USE-BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST198 10/27/2023 299216 67.50 08/23 CIM SUMMER CAMP 010.4425.5303 LUCIA MAR UNIFIED SCHOOL DIST199 10/27/2023 299217 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 SANDRA LUNA200 10/27/2023 299218 8,692.36 (1) VARIABLE FREQUENCY DRIVE FOR IRRIGATION 010.4430.5303 MELLO & SON'S PUMPS & MOTORS 201 10/27/2023 299219 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 SONIA MENDOZA202 10/27/2023 299220 2,995.00 08/23 SCIENCE IN MOTION CAMPS 010.4424.5351 MINDS IN MOTION OF NJ LLC203 10/27/2023 299221 237.03 FLEX SEAL - 2 GALL 010.4213.5604 MINER'S ACE HARDWARE, INC204 10/27/2023 299221 25.84 SAFETY GLASSES, COBWEB BRUSH 010.4213.5604 MINER'S ACE HARDWARE, INC205 10/27/2023 299221 140.05 (2) 10PK LED BULBS 010.4213.5604 MINER'S ACE HARDWARE, INC206 10/27/2023 299221 43.86 BATTERIES, PRIMER, ANCHORS 010.4213.5604 MINER'S ACE HARDWARE, INC207 10/27/2023 299221 41.99 (3) GLOVES 010.4420.5605 MINER'S ACE HARDWARE, INC208 10/27/2023 299221 64.64 AQUAPHALT ASPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC209 10/27/2023 299221 34.46 (2) TOILET FLUSH VALVE 010.4430.5604 MINER'S ACE HARDWARE, INC210 10/27/2023 299221 34.46 (2) TOILET FLAPPERS 010.4430.5604 MINER'S ACE HARDWARE, INC211 10/27/2023 299221 47.39 RECIPROCATING SAW BLADES 010.4430.5604 MINER'S ACE HARDWARE, INC212 10/27/2023 299222 59.47 PW-56 TIRE SENSOR 010.4420.5603 MULLAHEY FORD213 10/27/2023 299223 84.15 2.5 GALL RED ARMOR OIL 010.4420.5603 NOBLE SAW, INC214 10/27/2023 299223 30.49 HEDGE TRIMMER REPAIR 010.4430.5603 NOBLE SAW, INC215 10/27/2023 299224 1,100.00 10/27 &10/28 DJ SVCS-MARATHON 010.4424.5252 RICHARD J NORMAN216 10/27/2023 299225 166.42 OFFICE SUPPLIES 010.4421.5201 ODP BUSINESS SOLUTIONS LLC217 10/27/2023 299226 11,101.92 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 218 10/27/2023 299226 $ (24.77) ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO219 10/27/2023 299226 2,449.33 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO220 10/27/2023 299226 4,872.53 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO221 10/27/2023 299226 8,375.33 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO222 10/27/2023 299226 1,628.18 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO223 10/27/2023 299227 100.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 HALEY PAUL224 10/27/2023 299228 1,000.00 START CHANGE FOR MARATHON MONSTER MASH 010.0000.1033 PETTY CASH225 10/27/2023 299229 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY226 10/27/2023 299229 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY227 10/27/2023 299229 45.63 WOMENS CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY228 10/27/2023 299229 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY229 10/27/2023 299229 29.88 REC DEPT MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY230 10/27/2023 299229 24.13 CITY HALL MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY231 10/27/2023 299229 45.63 WOMENS CLUB MATS, MOPS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY232 10/27/2023 299229 27.63 PD MATS 010.4213.5303 PRUDENTIAL OVERALL SUPPLY233 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY234 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY235 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY236 10/27/2023 299229 23.54 BLDG MAINT UNIFORMS 010.4213.5143 PRUDENTIAL OVERALL SUPPLY237 10/27/2023 299229 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY238 10/27/2023 299229 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY239 10/27/2023 299229 15.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY240 10/27/2023 299229 34.95 AUTO SHOP UNIFORMS 010.4305.5143 PRUDENTIAL OVERALL SUPPLY241 10/27/2023 299229 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY242 10/27/2023 299229 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY243 10/27/2023 299229 54.26 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY244 10/27/2023 299229 34.76 PARKS DEPT UNIFORMS 010.4420.5143 PRUDENTIAL OVERALL SUPPLY245 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY246 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY247 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY248 10/27/2023 299229 22.22 SOTO SPORTS COMPLEX UNIFORMS 010.4430.5143 PRUDENTIAL OVERALL SUPPLY249 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY 250 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY 251 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY 252 10/27/2023 299229 31.68 STREETS DEPT UNIFORMS 220.4303.5143 PRUDENTIAL OVERALL SUPPLY 253 10/27/2023 299229 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY254 10/27/2023 299229 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 255 10/27/2023 299229 $ 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY256 10/27/2023 299229 22.22 SEWER DEPT UNIFORMS 612.4610.5143 PRUDENTIAL OVERALL SUPPLY257 10/27/2023 299229 44.35 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY258 10/27/2023 299229 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY259 10/27/2023 299229 44.22 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY260 10/27/2023 299229 42.87 WATER DEPT UNIFORMS 640.4712.5143 PRUDENTIAL OVERALL SUPPLY261 10/27/2023 299230 50.00 PARK DEPOSIT REFUND-RANCHO GRANDE 010.0000.2206 ADRIENNE RULE262 10/27/2023 299231 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CHRISTINE SARUWATARI263 10/27/2023 299232 99.00 REFUND-AYSO THANSGIVING CAMP 010.0000.4605 NATACHA SEDEEK264 10/27/2023 299233 119.07 VALVE BOX, VALVE COVER 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC265 10/27/2023 299234 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 DESI SLUSKI266 10/27/2023 299235 16,700.00 SMARTSHARE ADU AFFORABLE HOUSING WORKSHOP 260.4565.5303 SMARTSHARE HOUSING SOLUTIONS267 10/27/2023 299236 268.72 REC DEPT -NEW TOILET 010.4213.5604 STREATOR PIPE & SUPPLY268 10/27/2023 299237 90.00 T-3 CERT RENEWAL 640.4712.5501 SWRCB-DWOCP269 10/27/2023 299238 79.90 CC ORD INTRO PURCHASING SYSTEM 010.4002.5301 THE MCCLATCHY COMPANY LLC270 10/27/2023 299238 86.70 PC PH EL CAMINO REAL 010.4130.5301 THE MCCLATCHY COMPANY LLC271 10/27/2023 299238 850.00 BID NOTICE-PUBLIC SAFETY CAMERAS 350.5468.7001 THE MCCLATCHY COMPANY LLC272 10/27/2023 299239 250.00 SLOCAL DESTINATION SUMMIT 010.4001.5501 U.S. BANK273 10/27/2023 299239 149.66 SYMPATHY FLOWERS-MAYOR MARTIN 010.4001.5504 U.S. BANK274 10/27/2023 299239 96.85 LEATHER PORTFOLIO COVER 010.4002.5201 U.S. BANK275 10/27/2023 299239 675.00 TRAINING-UCR REGISTRATION & CERTIFICATE PROG 010.4002.5501 U.S. BANK276 10/27/2023 299239 325.00 MEMBERSHIP- IIMC & CCAC 010.4002.5503 U.S. BANK277 10/27/2023 299239 96.84 LEATHER PORTFOLIO COVER 010.4101.5201 U.S. BANK278 10/27/2023 299239 118.00 SUPPLIES- CANVA PRINTING FOR GRAND JURY 010.4101.5201 U.S. BANK279 10/27/2023 299239 21.00 PARKING-SLO 010.4101.5501 U.S. BANK280 10/27/2023 299239 58.00 SPEC DEPT SUPPLIES-NEWSLETTER 010.4102.5255 U.S. BANK281 10/27/2023 299239 614.18 ITSAVVY-(3) THINKPAD DOCKING SYSTEM 010.4140.5303 U.S. BANK282 10/27/2023 299239 608.81 ZOOM 010.4140.5303 U.S. BANK283 10/27/2023 299239 41.76 MISAC B'FAST MEETING 010.4140.5501 U.S. BANK284 10/27/2023 299239 36.64 WEBCAM 010.4140.5602 U.S. BANK285 10/27/2023 299239 50.20 AUTHORIZE.NET CC FEE 010.4145.5555 U.S. BANK286 10/27/2023 299239 260.99 UNIFORMS-HAT 010.4201.5272 U.S. BANK287 10/27/2023 299239 1,091.01 OFFICE SUPPLIES-TONER 010.4201.5201 U.S. BANK288 10/27/2023 299239 286.69 EMPLOYEE WELLNESS SUPPLIES 010.4201.5201 U.S. BANK289 10/27/2023 299239 64.55 KITCHEN SUPPLIES 010.4201.5201 U.S. BANK290 10/27/2023 299239 25.28 COMMUNITY RELATIONS-BAGS 010.4201.5504 U.S. BANK291 10/27/2023 299239 352.38 COMMUNITY RELATIONS-CUPCAKES 010.4201.5504 U.S. BANK

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 292 10/27/2023 299239 $ 293.40 TRAINING/CONFERENCE-REGISTRATION 010.4201.5501 U.S. BANK293 10/27/2023 299239 3,756.88 COMMUNITY RELATIONS SUPPLIES 010.4201.5504 U.S. BANK294 10/27/2023 299239 282.54 GROUNDS MAINT-QUIKCRETE, POST 010.4201.5605 U.S. BANK295 10/27/2023 299239 21.42 POSTAGE FOR TALLY HO SURVEY 010.4301.5201 U.S. BANK296 10/27/2023 299239 411.08 HOME DEPOT-TOOLS, GRINDER, IMPACT DRIVER 010.4305.5255 U.S. BANK297 10/27/2023 299239 1,738.78 NEW SEAT FOR TORO MOWER-EBAY 010.4420.5603 U.S. BANK298 10/27/2023 299239 324.71 TRASH CAN LIDS-HOME DEPOT 010.4420.5605 U.S. BANK299 10/27/2023 299239 377.43 DOG WASTE BAGS 010.4420.5605 U.S. BANK300 10/27/2023 299239 120.00 TEAMUP CALENDAR SUBSCRIPTION 010.4421.5303 U.S. BANK301 10/27/2023 299239 199.00 CPRS REGISTRATION 010.4421.5501 U.S. BANK302 10/27/2023 299239 50.00 SLOCAL DESTINATION SUMMIT 010.4421.5501 U.S. BANK303 10/27/2023 299239 58.65 FACEBOOK ADS 010.4421.5504 U.S. BANK304 10/27/2023 299239 87.39 WEBCAM FOR REC 010.4421.6001 U.S. BANK305 10/27/2023 299239 104.61 HUMDINGER BREWRY 010.4423.5253 U.S. BANK306 10/27/2023 299239 229.98 STAFF SUPPLIES- TACOS ACUPULCO 010.4423.5254 U.S. BANK307 10/27/2023 299239 125.80 AMAZON-A-FRAME STREET SIGN 010.4424.5251 U.S. BANK308 10/27/2023 299239 107.67 RESISTANCE BANDS FOR SR FITNESS 010.4424.5251 U.S. BANK309 10/27/2023 299239 321.75 SANTA MARGARITA FEED-HARVEST FESTIVAL 010.4424.5252 U.S. BANK310 10/27/2023 299239 17.57 OFFICE DEPOT-PRINT FLYERS 010.4424.5252 U.S. BANK311 10/27/2023 299239 1,298.78 CONFETTI EGGS-HARVEST FESTIVAL 010.4424.5252 U.S. BANK312 10/27/2023 299239 1,894.08 SPECIAL EVENT SUPPLIES- HARVEST FESTIVAL 010.4424.5252 U.S. BANK313 10/27/2023 299239 305.73 AD STARR- SOFTBALLS 010.4424.5257 U.S. BANK314 10/27/2023 299239 316.39 SCOREBOARD FOR BASKETBALL 010.4424.5257 U.S. BANK315 10/27/2023 299239 35.00 FACEBOOK AD-SPEC EVENTS PROMOTIONS 010.4424.5353 U.S. BANK316 10/27/2023 299239 502.00 REC DEPT SUPPLIES 010.4425.5255 U.S. BANK317 10/27/2023 299239 254.60 SNACK SUPPLIES 010.4425.5259 U.S. BANK318 10/27/2023 299239 43.09 NEW TABLET CHARGER 612.4610.5602 U.S. BANK319 10/27/2023 299239 241.35 RATCHET SET 640.4712.5273 U.S. BANK320 10/27/2023 299239 120.00 DMV MEDICAL EXAM 640.4712.5315 U.S. BANK321 10/27/2023 299239 443.70 CORDLESS BATTERIES 640.4712.6201 U.S. BANK322 10/27/2023 299239 2,037.78 CORDLESS TOOL SET 640.4712.6201 U.S. BANK323 10/27/2023 299239 83.98 SHIPPING/POSTAGE 010.4201.5208 U.S. BANK324 10/27/2023 299239 338.21 JPIA TRAINING SUPPLIES-JERSEY 010.4307.5501 U.S. BANK325 10/27/2023 299239 40.14 AMAZON-CHAIR BACK SUPPORT 010.4421.5354 U.S. BANK326 10/27/2023 299239 182.44 PATROL SUPPLIES-TABLET & SUBSCRIPTION 010.4203.5255 U.S. BANK327 10/27/2023 299239 499.58 UNIFORMS-PANTS, SHIRTS 010.4203.5272 U.S. BANK328 10/27/2023 299239 48.00 UNIFORMS-PATCHES 010.4203.5272 U.S. BANK

CITY OF ARROYO GRANDE

CHECK LISTING
OCTOBER 16 - OCTOBER 31, 2023
ATTACHMENT 1
Check Date Check # Amount Description Acct # Vendor Name 329 10/27/2023 299239 $ 242.42 UNIFORM-SHIRT, PANTS 010.4203.5272 U.S. BANK330 10/27/2023 299239 349.76 UNIFORMS-HATS 010.4203.5272 U.S. BANK331 10/27/2023 299239 20.74 UNIFORMS-PATCHES 010.4203.5272 U.S. BANK332 10/27/2023 299239 133.51 TRAINING-LODGING 010.4203.5501 U.S. BANK333 10/27/2023 299239 124.25 TRAINING-LODGING 010.4203.5501 U.S. BANK334 10/27/2023 299239 1,009.20 TRAINING-LODGING 010.4203.5501 U.S. BANK335 10/27/2023 299239 65.04 DEBRIEF 010.4203.5501 U.S. BANK336 10/27/2023 299239 98.52 CHECKPOINT DEBRIEF 010.4203.5501 U.S. BANK337 10/27/2023 299239 62.06 FUEL 010.4203.5608 U.S. BANK338 10/27/2023 299239 90.50 FUEL 010.4203.5608 U.S. BANK339 10/27/2023 299239 115.62 SUPPORT SVC SUPPLIES-PEPPER SPRAY 010.4204.5255 U.S. BANK340 10/27/2023 299239 98.00 UNIFORMS-HEADGEAR 010.4204.5272 U.S. BANK341 10/27/2023 299239 612.24 UNIFORMS-PATROL VEST COVER 010.4204.5272 U.S. BANK342 10/27/2023 299239 10.00 FREIGHT 010.4204.5272 U.S. BANK343 10/27/2023 299239 750.00 TRAINING-REGISTRATION 010.4204.5501 U.S. BANK344 10/27/2023 299239 6.00 PARKING-SLO 010.4204.5501 U.S. BANK345 10/27/2023 299239 1,693.28 TRAINING-REGISTRATION 010.4204.5501 U.S. BANK346 10/27/2023 299239 38.04 UPGRADED IPAD RUGGED CASE 010.4140.5702 U.S. BANK347 10/27/2023 299239 81.12 AMAZON--ADAPTER, SPEAKERS 010.4421.5701 U.S. BANK348 10/27/2023 299239 130.00 MISAC MEMBERSHIP RENEWAL 010.4140.5503 U.S. BANK349 10/27/2023 299240 84.93 KONICA COPIER METER READ 09/23 010.4102.5602 ULTREX BUSINESS PRODUCTS (DBA)350 10/27/2023 299241 928.28 PAYROLL FOR: WK END 10/08 010.4420.5303 UNITED STAFFING ASSOC.351 10/27/2023 299241 928.28 PAYROLL FOR:WK END 10/18 010.4420.5303 UNITED STAFFING ASSOC.352 10/27/2023 299242 1,000.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 MARICRUZ VEGA353 10/27/2023 299242 (27.00) BOUNCE HOUSE FEE 010.0000.4354 MARICRUZ VEGA354 10/27/2023 299242 (212.00) CHAIR & TABLE RENTAL 010.0000.2032 MARICRUZ VEGA355 10/27/2023 299242 (52.00) 2 ADD'L HRS SPVR 010.0000.4655 MARICRUZ VEGA356 10/27/2023 299243 74.07 ACCT#208620661-00004 REC CELL 010.4425.5255 VERIZON WIRELESS357 10/27/2023 299244 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 BRIAN WALKER358 10/27/2023 299245 2,331.20 NORTHERN CITIES STAFF EXTENSION 640.4710.5303 WATER SYSTEMS CONSULTING INC359 10/27/2023 299246 58.99 (2) 5 GALL AGAVE 010.4420.5605 WEST COVINA NURSERIES360 10/27/2023 299247 52.50 09/23 PROF LEGAL SVCS- SM WATER 640.4710.5575 WHITE BRENNER LLP361 10/27/2023 299247 2,808.00 09/23 SM WATER ADJ IMPLMTN 640.4710.5575 WHITE BRENNER LLP362 10/27/2023 299248 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 BRITANI WONDER363 10/27/2023 299248 106.00 PARK RENTAL REFUND-ELM ST 010.0000.4354 BRITANI WONDER364 10/27/2023 299249 1,323.00 YOUTH EVOLUTION BASKETBALL FALL SESSION 010.4424.5351 YOUTH EVOLUTION BASKETBALL $ 1,505,882.99

ATTACHMENT 2
.

General Fund 405,278.30 5101 Salaries Full time 272,259.41 Streets Fund 22,530.75 5101 Volunteer Employee Retirement - Sewer Fund 11,160.71 5102 Salaries Part-Time - PPT 2,931.39 Water Fund 23,819.11 5103 Salaries Part-Time - TPT 7,520.90 462,788.87 5105 Salaries OverTime 26,278.94
5106 Salaries Strike Team OT -
5107 Salaries Standby 1,910.90
5108 Holiday Pay 3,182.03
5109 Sick Pay 5,801.21
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development 616.32 5112 Sick Leave Buyback -
Police 21,825.27 5113 Vacation Pay 6,361.50
Public Works - Maintenance 2,825.57 5114 Comp Pay 2,903.90 Public Works - Enterprise 1,011.78 5115 Annual Leave Pay 9,251.93 Recreation - Administration - 5116 Salaries - Police FTO - Recreation - Special Events - 5121 PERS Retirement 39,421.42 Children In Motion - 5122 Social Security 24,656.74
5123 PARS Retirement 111.14 26,278.94
5126 State Disability Ins. 3,000.14
5127 Deferred Compensation 725.00
5131 Health Insurance 49,642.28
5132 Dental Insurance 2,835.68
5133 Vision Insurance 769.40
5134 Life Insurance 387.39
5135 Long Term Disability 596.94
5137 Leave Payouts -
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 637.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 243.13
5150 Bi-Lingual Pay 150.00
5151 Cell Phone Allowance 1,210.00
462,788.87
OVERTIME BY DEPARTMENT:

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
09/29/2023 - 10/12/2023
10/20/2023

BY FUND BY ACCOUNT

1 Item 9.b.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
November 14, 2023, 5:30 p.m.

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

CLOSED SESSION MEETING 5:30 P.M.

1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 5:30 p.m.

2. ROLL CALL
City Clerk Matson took roll call. Mayor Pro Tem Barneich and Council Member Secrest were absent at the time of roll call.

Council Member Secrest joined the meeting at 5:31 p.m.

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

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. No comments were received.

5. CLOSED SESSION
City Attorney Rosen announced that the City Council will recess to a closed session for the following and will report any reportable action at the City Council Regular meeting at 6:00 p.m.:
a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: In re: Aqueous Film-Forming Foams Products Liability Litigation, Case No. 2:18-mn-2873-RMG

2 Item 9.b.

The City Council adjourned to Closed Session at 5:32 p.m.

6. ADJOURNMENT
The City Council adjourned Closed Session at 5:50 p.m.

REGULAR MEETING 6:00 P.M.
_____________________________________________________________________

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

2. ROLL CALL
City Clerk Matson took roll call.

3. MOMENT OF REFLECTION

4. FLAG SALUTE
Anne McCrackin, Arroyo Grande Valley Kiwanis led the flag salute.

5. AGENDA REVIEW

5.a Closed Session Announcements
City Attorney Rosen announced that the Council considered the item in Closed Session and voted 4-0 to opt out of the settlement.

5.b Ordinances read in title only
Moved by Mayor Ray Russom
Seconded by Mayor Pro Tem Barneich
Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived.

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

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Recognizing November 2023 as "Family Court Awareness Month" Mayor Ray Russom read the Honorary Proclamation Recognizing November 2023 as "Family Court Awareness Month". Tina Swithen accepted the proclamation.

No action was taken on this item.

6.b Honorary Proclamation Recognizing November 13-19, 2023 as "National Apprenticeship Week"

3 Item 9.b.

Mayor Ray Russom read the Honorary Proclamation Recognizing November 13-19, 2023 as "National Apprenticeship Week". Cory Black, accepted the proclamation.

No action was taken on this item.

6.c Introduction of New Employee Ryan Bird, FCFA Battalion Chief Chief Lieberman introduced Ryan Bird as Five Cities Fire Authority's new Battalion Chief and highlighted his educational and professional background.

6.d Interim City Manager Communications
Interim City Manager Robeson provided an update on the Corbett Canyon Creek Restoration Project; Arroyo Grande Creek clean up; parklet installations; ROW Project at 191 Tally Ho Road; and planter installation at Short Street. Interim City Manager Robeson responded to questions from Council.

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

No action was taken on this item.

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

7. CITY COUNCIL REPORTS
None.

Reports are made during the Second Council Meeting each month.

8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public was No Name Provided. No further public comments were received.

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

Staff responded to questions from Council regarding Item 9.c.

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

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

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

4 Item 9.b.

9.a Consideration of Cash Disbursement Ratification
1) Ratified the listing of cash disbursements for the period of October 1 through October 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 September 30, 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 Consideration of Fiscal Year 2022-23 Year End Financial Status Report Received, considered, and filed the FY 2022-23 Year End Financial Status Report.

9.d Approval of Minutes
Approved the minutes of the Regular Meeting of October 24, 2023 and Special City Council Meeting of October 30, 2023, as submitted.

9.e Consideration of Acceptance of the Fair Oaks Avenue Waterline Replacement Project, PW 2023-05
1) Accepted the project improvements as constructed by Main Line Engineering Construction, Inc. in accordance with the plans and specifications for the Fair Oaks Avenue Waterline Replacement Project, PW 2023-05; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed.

10. PUBLIC HEARINGS

10.a Public Hearing to Consider the User Fee Study and Adopt a Resolution Updating User Fees Set Forth in the Comprehensive Fee Schedule
Administrative Services Director Valentine introduced the report and Tony Thrasher, Willdan Financial Services, provided a presentation on the Cost Allocation Plan and the User Fee Update. Staff responded to questions from Council.

Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray Russom closed the public hearing.

Moved by Council Member George
Seconded by Council Member Guthrie
1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE UPDATING USER FEES FOR VARIOUS CITY REGULATORY

5 Item 9.b.

ACTIVITIES, PROGRAMS, AND SERVICES SET FORTH IN THE COMPREHENSIVE FEE

SCHEDULE AND FINDING THE ACTION EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT"; and 2) Determine that ratifying the Resolution 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. (c)(2)-(3), 15378.)
AYES (5): Council Member George, Council Member Guthrie, Council Member Secrest, Mayor Pro Tem Barneich, and Mayor Ray Russom
Passed (5 to 0)

10.b Public Hearing to Consider Introduction of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from The California Environmental Quality Act
Community Development Director Pedrotti introduced the item and Planning Manager Perez provided a presentation on the proposed Code amendments pertaining to irrigated turf restrictions. Staff responded to questions from Council.

Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray Russom closed the public hearing.

Council discussed the addition of a requirement as part of substantial residential remodels including that, when 50% or more of the floor area is remodeled, removal of existing front yard turf and the reduction of backyard turf will be required.

Moved by Council Member George
Seconded by Mayor Ray Russom
1) Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE

MUNICIPAL CODE REGARDING RESTRICTIONS ON IRRIGATED TURF AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT"; amending Section 16.84 of the Arroyo Grande Municipal Code regarding installation and maintenance of irrigated turf, with the amendment requiring substantial residential remodels of 50% or more be required to remove existing front yard turf and reduce backyard turf; and 2) Determine that the Ordinance amendments are exempt under the California Environmental Quality Act as set forth in the proposed Ordinance, pursuant to State Guidelines Sections 15060(c)(2),(3), 15378, and in the alternative, State CEQA Guidelines Section 15061(b)(3).

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

11. OLD BUSINESS
None.

6 Item 9.b.

12. NEW BUSINESS

12.a Consideration of Appointment of a Primary Board Member to Serve on the Central Coast Community Energy Policy Board for 2023-2025
City Clerk Matson presented the staff report and recommended that the Council appoint a Council member to serve as the primary representative on the Central Coast Community Energy (CCCE) Policy Board for a two-year term beginning December 1, 2023, and ending November 30, 2025.

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

Council Member Guthrie expressed interest in serving on the Board. Mayor Ray Russom nominated Council Member Guthrie to serve on the CCCE Policy Board.

Mayor Pro Tem Barneich shared information regarding rates and CCCE billing.

Moved by Mayor Ray Russom
Seconded by Council Member George
Appoint Council Member Guthrie to serve as the primary representative on the Central Coast Community Energy (CCCE) Policy Board for a two-year term beginning December 1, 2023, and ending November 30, 2025
AYES (5): Mayor Ray Russom, Council Member George, Council Member Guthrie, and Council Member Secrest, and Mayor Pro Tem Barneich
Passed (5 to 0)

13. COUNCIL COMMUNICATIONS
Mayor Ray Russom commented on an email she received regarding a fee waiver for Tally Ho residents and requested staff bring back a discussion item on a future City Council agenda. Mayor Pro Tem Barneich and Council Member Secrest concurred.

14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:53 p.m. in honor of the City Council and thankfulness for their hard work. _________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

1 Item 9.b.

ACTION MINUTES

SPECIAL MEETING OF THE CITY COUNCIL
November 17, 2023, 10:00 a.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem Barneich, Council Member George, Council
Member Guthrie, Council Member Secrest
Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, Interim City Manager Bill Robeson,
Administrative Services Director Nicole
Valentine, Community Development Director
Brian Pedrotti, Human Resources Officer
Tashina Ureno, Recreation Services Director
Sheridan Bohlken, Police Chief Michael
Martinez, Interim Public Works Director
Shannon Sweeney
This meeting was held in a hybrid in-person and virtual format. _____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 10:00 a.m.

2. ROLL CALL
City Clerk Matson took roll call.

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

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. No comments were received.

5. CLOSED SESSION
City Attorney Rosen announced the City Council will recess to a closed session for the following:

2 Item 9.b.
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council adjourned to Closed Session at 10:02 a.m.

City Council returned to Open Session at 6:10 p.m. City Attorney Rosen announced that there was no reportable action.

6. ADJOURNMENT
The meeting was adjourned at 6:11 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

1 ACTION MINUTES

SPECIAL MEETING OF THE CITY COUNCIL
November 18, 2023, 9:00 a.m.

City Council Chamber
215 E 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
_____________________________________________________________________

1. CALL TO ORDER
Mayor Ray Russom called the meeting to order at 9:01 a.m.

2. ROLL CALL
City Clerk Matson took roll call.

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

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Ray Russom invited public comment. No public comments were received.

5. CLOSED SESSION
City Attorney Rosen announced the City Council will recess to a closed session for the following:
a) PUBLIC EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b)(1):

PUBLIC EMPLOYEE APPOINTMENT
Position: City Manager
City Council adjourned to Closed Session at 9:03 a.m.

City Council returned to Open Session at 11:44 a.m. City Attorney Rosen announced that there was no reportable action.

2 6. ADJOURNMENT
The meeting was adjourned at 11:45 a.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

Item 9.c.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday Parade & Jingle Bell Dash on December 3, 2023; Approve Street Closures in the Village; and Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e)
DATE: November 28, 2023
SUMMARY OF ACTION:

Approval of the Temporary Use Permit will authorize the Arroyo Grande Holiday Parade in the Village and allow staff to implement safety measures, including closure of: East and West Branch Streets between Traffic Way and Mason Street; Olohan Alley; and the portion of Wesley Street between West Branch Street and Larchmont Drive.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The staff costs associated with the street closures for this event are equivalent to a medium road closure event, which has a cost of $15,866 per the City’s recently adopted fee schedule set to take effect on January 16, 2024. As a City event, the City is responsible for costs associated with the event. The City is seeking sponsorships to help offset the cost of the event.

RECOMMENDATION:

Adopt a Resolution approving Temporary Use Permit 23-012 authorizing the Arroyo Grande Holiday Parade and Jingle Bell Dash in the Village and approving the closure of streets.

BACKGROUND:

The Arroyo Grande Holiday Parade had been held for several decades, started by Eddie El Helou, previous owner of Broadway Jewelers in 2003, traditionally on the Sunday immediately following Thanksgiving. The City has traditionally co-sponsored this event; however, starting last year, the City has acted as the sole applicant due to the lack of a community sponsor.

Item 9.c.

City Council
Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday Parade & Jingle Bell Dash on December 3, 2023; Approve Street Closures in the Village; and Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e)
November 28, 2023

ANALYSIS OF ISSUES:

This year’s event is proposed to be held on December 3, 2023, the Sunday one week after Thanksgiving, based on community input regarding the scheduling of the event. The Recreation Services Department published a survey in 2022 requesting community input regarding the date and time of the event. Responses to the survey indicated overwhelming support for the event to take place on December 3 rd and to begin at 5:00
pm rather than 6:00 pm. The City has received one sponsorship for this event totaling $1,000.00.

This year’s event will include two separate events utilizing the same road closure: the Jingle Bell Dash and the Holiday Parade. The Jingle Bell Dash is a road race for the community’s youth, utilizing the closed portion of Branch Street in the Village. Jingle bells will be given to all participants to attach to their shoes and the race will be run in a horseshoe pattern with increasing distances for older age groups. There will be eight (8) separate categories with ages ranging from Pre-K to 6th grade. Registration for the Jingle Bell Dash will begin at 3:30 pm. The races will begin at 4:30 pm and conclude at 4:50 pm to allow enough transition time for the parade to begin. Staging for the event will occur in Olohan Alley.

The proposed route for the Holiday Parade will begin with staging starting at the west end of Olohan Alley and the parade will officially begin upon the eastbound entrance to Mason Street, before turning north to East Branch Street. The parade will then continue on East Branch Street westbound onto West Branch Street and finally turning north on Wesley Street and into the Bank of America parking lot.

The parade route requires the following traffic control from 3:00 pm to 8:00 pm on December 3, 2023:

1. “No Parking” restrictions and the closure of Olohan Alley from Bridge Street to Mason Street;

2. Closure of Branch Street from Mason Street to Wesley Street;

3. Closure of Wesley Street from West Branch Street to Larchmont Drive.

City staff is proposing the “No Parking” restrictions in Olohan Alley to begin at 12:00 pm and conclude at 8:00 pm on December 3rd. A map depicting road closures, detour routes and event areas is included as Exhibit B to the proposed Resolution, and the no parking restrictions will be posted a minimum of 72 hours ahead of the event.

ALTERNATIVES:

1. Adopt a Resolution approving Temporary Use Permit 23-012 authorizing the Village Holiday Parade & Jingle Bell Dash and approving the closure of City streets;

Item 9.c.

City Council
Consider a Resolution Approving TUP 23-012; Authorize the Village Holiday Parade & Jingle Bell Dash on December 3, 2023; Approve Street Closures in the Village; and Find the Action Categorically Exempt from CEQA Pursuant to Section 15304(e)
November 28, 2023

2. Modify and adopt a Resolution approving Temporary Use Permit 23-012 authorizing the Village Holiday Parade & Jingle Bell Dash and approving the closure of City streets;

3. Do not adopt a Resolution approving Temporary Use Permit 23-012 authorizing the Village Holiday Parade & Jingle Bell Dash and approving the closure of City streets; or

4. Provide direction to staff.

ADVANTAGES:

The parade & Jingle Bell Dash serves as a community event that allows citizens and visitors to celebrate the holiday season with organized activities in the Village.

DISADVANTAGES:
“No Parking” restrictions and the closure of sections of Branch Street, Olohan Alley and portions of Wesley Street will have an impact on traffic congestion and parking. Motorists driving in the area surrounding the parade route will have to use detours to get to their destinations, which may increase travel time.

ENVIRONMENTAL REVIEW:

The authorization of the Holiday Parade and Jingle Bell Dash and closure of City streets is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 4 exemption, which applies to minor public or private alterations in the condition of land, water, and/or vegetation where the project does not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. (State CEQA Guidelines, § 15304.) The Class 4 exemption applies to this project because it involves a minor temporary use of land having negligible or no permanent effects on the environment.

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. Additionally, City staff will be contacting affected property owners and businesses located in the area of street closures.

Attachments:

1. Proposed Resolution

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
CASE NO. 23-012 AUTHORIZING THE VILLAGE HOLIDAY
PARADE AND JINGLE BELL DASH ON SUNDAY, DECEMER 3,
2023 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY

MEASURES INCLUDING NO PARKING ZONES AND STREET

CLOSURES AND FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, the City has applied for a Temporary Use Permit for the Holiday Parade and Jingle Bell Dash event which, amongst other things, helped establish conditions to ensure the safety of the event; and
WHEREAS, the implementation of safety measures including no parking zones and street closures will help to facilitate a safety for all individuals participating in the event and traveling through the Village area; and
WHEREAS, the Arroyo Grande Municipal Code (AGMC) provides for the issuance of Temporary Use Permits for events, AGMC Section 10.16.050 authorizes the City Council to restrict parking on any street, and California Vehicle Code Section 21101(e) authorizes the closure of streets for parades and local special events; and
WHEREAS, the Holiday Parade and Jingle Dash and the closure of City streets to hold the event provides a public benefit by furthering a sense of community pride; and WHEREAS, the City Council finds, after due study, the following circumstances exist.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande finds, determines, resolves, and recommends:

1. Recitals. All recitals above are true and correct and hereby incorporated by reference.

2. CEQA. The authorization of the Holiday Parade and Jingle Dash and closure of City streets is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 4 exemption, which applies to minor public or private alterations in the condition of land, water, and/or vegetation where the project does not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. (State CEQA Guidelines, § 15304.) The class 4 exemption applies to this project because it involves a minor temporary use of land having negligible or no permanent effects on the environment.

3. Findings. The City Councils makes, after due study and deliberation, the following Temporary Use Permit findings:
a. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public

RESOLUTION NO.

PAGE 2
health, safety or general welfare. The event subject to this approval has occurred safely for decades, and occurred successfully after being cancelled on one occasion in 2020 due to the Coronavirus pandemic. A 2022 community survey by the Arroyo Grande Recreation Department showed overwhelming support for the event to take place on December 3rd at 5:00 pm.
b. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. The route has been planned to occur on streets that would avoid detriment to adjacent properties, and nearby property owners have been supportive of the Jingle Bell Dash and Holiday parade since inception, and affected property owners and businesses will be contacted in advance of the event.

Signs will be posted at a minimum 72 hours in advance to ensure that property owners are aware that the parade will occur.
c. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. The proposed route of the Holiday Parade has been evaluated by city staff as best suited to the Jingle Bell Dash and Holiday Parade. The Jingle Bell Dash involves a road race for community youth, which is best suited to occur on closed city streets. Similarly, the streets proposed for closure are of sufficient size to allow for the Holiday Parade to occur. d. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the City Council. This use is expected to generate vehicular traffic which will occur outside the parade area, and the City will provide for detours to mitigate traffic impacts to motorists.

4. Approval. The City Council hereby approves Temporary Use Permit 23-012, authorizing the use of City property as presented to the City Council on November 28, 2023, with the above findings and subject to the conditions as set forth in Exhibit “A,” and the specific road detours as set forth in Exhibit “B,” attached hereto and incorporated herein by this reference.

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 28 th day of November, 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"

CONDITIONS OF APPROVAL FOR
TEMPORARY USE PERMIT NO. 23-012
GENERAL CONDITIONS:

1. This Temporary Use Permit authorizes the Holiday Parade and Jingle Dash and directs staff to implement related safety measures including no parking zones and street closures on Sunday, December 3, 2023.

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

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

4. The applicant shall comply with all of the Conditions of Approval for Temporary Use Permit 23-012.

5. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said 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.

6. The Recreation Services Director shall notify all affected businesses and residents of street closures and parking restrictions at least 48 hours prior to the event.

7. The applicant shall clean up all debris associated with the event to the satisfaction of the Public Works Director.

8. Traffic detouring and road closures shall be coordinated by the Police Department.

9. The Public Works Department shall be responsible for ordering and directing the setup of all traffic control equipment through a private purveyor.

RESOLUTION NO.

PAGE 5
EXHIBIT "B"

ROAD CLOSURE AND DETOUR MAP FOR
TEMPORARY USE PERMIT NO. 23-012

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Item 9.d.

MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Interim Public Works Director
BY: Shannon Sweeney, Interim Public Works Director/City Engineer Dave Culver, Police Commander
SUBJECT: Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected City Streets
DATE: November 28, 2023
SUMMARY OF ACTION:

The California Vehicle Code (CVC) requires an Engineering and Traffic Study (E&TS) documenting radar speed surveys to enable radar enforcement of any speed limit set by a local jurisdiction. Certification of this survey allows the City Police Department to enforce these speed limits. The City’s previous radar speed survey was certified on November 27, 2018 for five years. The vehicle code allows for a two-year extension if certain conditions are met.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The City meets conditions to allow for a two-year extension of its previous radar speed surveys. Therefore, there are no negative impacts to financial and personnel resources.

RECOMMENDATION:
1) Adopt a Resolution extending the existing five-year radar speed surveys for selected City streets an additional two years; and 2) Determine that this extension is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.).

BACKGROUND:

The State of California has a mandated process for the establishment of speed limits on public streets. Speed limits are supported by conducting an Engineering and Traffic Survey (E&TS or speed survey) following the procedures listed in the 2014 California Manual for Setting Speed Limits published by the Division of Traffic Operations, California Department of Transportation. Per the CVC, speed surveys are good for a period of 5, 7, or 14 years depending on roadway conditions and enforcement procedures.

Item 9.d.

City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected City Streets
November 28, 2023

Radar speed surveys were performed on 70 street segments from 2016 to 2018 to allow for speed limits on these street segments to be set by the City and subsequently for those speed limits to be enforced. The results of these speed surveys were documented in an E&TS (Attachment 2).

On November 27, 2018, City Council approved a Resolution certifying the five-year radar speed surveys for selected City Streets.

Public Works staff met with Police Department staff on October 31, 2023, to discuss the option of extending the existing radar speed surveys an additional two years. Police Department staff confirmed that existing radar speed surveys are adequate and all the conditions necessary for extending the surveys are already met. Police Department staff also indicated that the California Police Officer Standards and Training agency requires any officers who use laser or radar in the course of their duties to meet all of the conditions necessary for the extension. The Police Department met these requirements when the speed survey was originally approved and meet these requirements now. (See CVC Section 40802(c)(1))
ANALYSIS OF ISSUES:

The setting of speed limits requires a rational and defensible procedure to maintain the confidence of the public and legal systems. By following a uniform procedure, agencies can establish speed limits that are uniform throughout the state and avoid influence from political pressure or emotional perceptions.

Speed limit determinations rely on the premise that a reasonable speed limit is one that conforms to the actual behavior of most drivers. For example, measuring drivers' speeds is a reasonable and effective manner to set speed limits. Speed limits set by an E&TS are normally set near the 85th percentile speed. The 85th percentile speed is the speed at or below which 85 percent of the traffic is moving, and statistically represents one standard deviation above the average speed.

In addition, setting the speed limit arbitrarily low often makes violators of a disproportionate number of drivers, does not facilitate the orderly movement of traffic, and requires constant enforcement to maintain compliance. Regardless of the posted speed limit, most drivers will continue to drive at speeds at which they feel comfortable. The question then arises, “Why do we even need to post speed limit signs?” In part, posting speed limit signs:
 Provides feedback to the driver, letting them know that most drivers consider the posted speed to be safe and reasonable.
 Allows for fair enforcement for drivers who are going excessively faster or slower than the speed that most drivers consider safe and reasonable.

Item 9.d.

City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected City Streets
November 28, 2023

 Determines many other design criteria such as clear recovery zone distance, yellow light timing, taper lengths for any type of lane closure or construction, setback detectors, size of signs, and other roadway features.

Applicable CVC Sections
Basic Speed Law
The basic speed law is found in CVC Section 22350. It reads: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” In other words, a driver violates the basic speed law if he or she is driving at unsafe speeds, even if that speed is lower than the posted regulatory speed limit sign.

Prima Facie Speed Limits by Statute
CVC Section 22352 sets the prima facie speed limits in California. The term “prima facie”, as used in the CVC, is a speed limit that applies when no other specific speed limit is posted. It is a Latin term meaning “at first face” or “at first appearance”. It sets two speed limits covering six classes of location. The first speed limit is 15 mph; and it is applicable to uncontrolled railway crossings; blind, uncontrolled intersections; and alleyways. The second speed limit is 25 mph; and it is applicable to business and residential areas without other posted speed limits; school zones, and areas immediately around senior centers.

Speed Limits Requiring an Engineering and Traffic Survey When an engineering and traffic survey (E&TS) shows that the statutory or prima facie speed limits are not applicable for the existing conditions, the speed limits can be altered with the posting of a different speed limit, which must be determined according to the findings of the E&TS. CVC Section 22358 addresses decreasing local speed limits.

Speed Traps
The CVC prohibits the use of speed traps (Section 40801) as well as the use of any evidence obtained by use of a speed trap (Section 40803) for the purpose of prosecution.

A speed trap as defined in CVC Section 40802 is either:
 A section of highway marked so that an officer can calculate speed based on the time it takes a vehicle to travel the marked distance.
 The use of radar or other electronic devices that measure the speed of a moving object on a section of highway which does not have a current E&TS as required under CVC.

According to CVC Section 40802, an E&TS is valid for five years. However, under specific conditions stated in CVC Section 40802, the E&TS may be valid for seven or fourteen years. Once a speed zone is established at a statutory maximum speed limit (CVC Section 22349) or higher, no further studies are required, as the CVC requires an E&TS

Item 9.d.

City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected City Streets
November 28, 2023

for speed zone reductions only. The completion date for the E&TS is when the approving authority signs the E&TS or orders. This date does not have to match the date the strip map was stamped or the date of the justification memo accompanying the E&TS.

Frequency of Rechecks
According to CVC Section 40802, “Speed Traps,” are sections of highway for which the speed limit has not been justified by an E&TS within five years, and the enforcement of the speed limit involves either timing vehicles between a set distance of roadway or using radar or any other electronic device that measures the speed of moving objects.

The renewal time may be extended to seven years when using radar and all the following criteria are met:
 The citing officer has successfully completed a minimum of 24 hours of certified radar operator course training.
 The radar used to measure the speed meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration and has been calibrated within three years of the alleged violation.

The renewal time may be extended to seven years when using laser or other electronic devices (other than radar) and all the following criteria are met:
 The citing officer has successfully completed a minimum of 24 hours of certified radar operator course training.
 The citing officer has successfully completed a minimum of 2 hours of additional approved certified training for laser or other electronic devices.  The device used to measure the speed meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration and has been calibrated within three years of the alleged violation.

The renewal time provision for an E&TS may be extended to fourteen years if a registered engineer determines that all the above conditions are met and no significant changes in roadway or traffic conditions have occurred, including major changes in adjacent property or land use, roadway width, or traffic volume. This determination has not been made at this time.

ALTERNATIVES:

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

1. Adopt a Resolution allowing a two-year extension of the existing radar speed surveys.

2. Modify and adopt the Resolution with changes to speed limits on specific streets.

Doing so will make speed limits on those streets unenforceable until new speed surveys are conducted.

Item 9.d.

City Council
Consideration of a Two-Year Extension of the Five-Year Radar Speed Surveys for Selected City Streets
November 28, 2023

3. Do not extend certification stimulator speed surveys and perform new surveys to date.

4. Provide other direction to staff.

ADVANTAGES:

Extending the existing radar speed surveys will continue to provide a legal basis for the Police Department to enforce speed limits on identified City roadway segments.

Establishing appropriate speed limits improves safety. Redoing radar speed surveys will consume numerous hours of staff time and cost tens of thousands of dollars for a new E&TS.

DISADVANTAGES:

No disadvantages have been identified for this action.

ENVIRONMENTAL REVIEW:

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

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

Attachments:

1. Proposed Resolution

2. Engineering and Traffic Study

65501.00002\41404558.1
ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE EXTENDING THE CERTIFICATION OF
THE 2018 FIVE-YEAR RADAR SPEED SURVEY FOR

SELECTED CITY STREETS
WHEREAS, radar enforcement of any speed limit other than those expressly established by State Law requires that such speed limits be based on an engineering and traffic speed survey; and
WHEREAS, speed surveys were conducted on 70 street segments throughout the City of Arroyo Grande (City) in 2016 and 2018; and
WHEREAS, in 2018, the City’s consultant prepared an Engineering and Traffic Study (E&TS) documenting the results of the radar speed surveys, and providing recommendations on all the establishment of speed limits on certain streets in the City in accordance with the requirements of the California Vehicle Code (CVC); and WHEREAS, on November 27, 2018, City Council certified the surveys to establish speed limits on the 70 selected street segments for five years; and WHEREAS, CVC Section 40802allows the five-year certification of the radar speed surveys to be extended an additional two years if certain staff training and equipment calibration exist; and
WHEREAS, the California Police Officer Standards and Training agency requires any officers who use laser or radar in the course of their duties to meet all of the conditions in CVC Section 40802(c)(1) necessary for the extension, and the Police Department met these requirements when the speed survey was originally approved.

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

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

2. That the City Council of the City of Arroyo Grande hereby adopts a Resolution to extend the certification of the 2018 speed surveys on selected city streets an additional two years to November 27, 2025 as authorized by CVC Section 40802(c)(2)(B)(i)(I).

3. This extension 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.)

RESOLUTION NO.

PAGE 2
On motion by Council Member ________, seconded by Council Member _______, and by the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was adopted this 28
th day of November, 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

2018 CITYWIDE

ENGINEERING AND TRAFFIC SURVEY (E&TS)

FOR THE

CITY OF ARROYO GRANDE

ENGINEERING DIVISION

COMMUNITY DEVELOPMENT DEPARTMENT
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420

FINAL DRAFT
NOVEMBER 2018

PREPARED BY
ATTACHMENT 2

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Pavemont Engimiering Inc.

Table of Contents
INTRODUCTION ....................................................................................................................... 1 ELEMENTS OF THE ENGINEERING AND TRAFFIC SURVEY .................................... 2 Speed Sampling .................................................................................................................... 2 Collision History .................................................................................................................. 4 Conditions Not Readily Apparent To Motorists ............................................................. 4 SURVEY CONDITIONS ........................................................................................................... 5 SURVEY LOCATIONS ............................................................................................................ 5 DATA COLLECTION ............................................................................................................. 5 Speed Data ............................................................................................................................ 5 Collision Data ....................................................................................................................... 5 Field Review Data ................................................................................................................ 6 ANALYSIS ................................................................................................................................... 7 CRITERIA .................................................................................................................................. 7 RESULTS AND RECOMMENDATIONS ............................................................................. 7 SEGMENTS WITH SPECIAL CONDITIONS .................................................................... 12 LEGISLATIVE REFERENCES ................................................................................................ 15 APPLICABLE SECTIONS OF CALIFORNIA VEHICLE CODE ..................................... 15 Basic Speed Law ................................................................................................................. 16 Speed Law Violations ........................................................................................................ 16 Prima Facie Speed Limits .................................................................................................. 16 Increase of Local Speed Limits to 65 Miles Per Hour ................................................... 18 Downward Speed Zoning................................................................................................. 18 Boundary Line Streets ....................................................................................................... 18 Speed Trap Prohibition ..................................................................................................... 19 Speed Trap .......................................................................................................................... 19 Speed Trap Evidence ......................................................................................................... 22

CERTIFICATION
I, Sam Tsz Kin Ho, do hereby certify that this Engineering and Traffic Survey for the City of Arroyo Grande, California, was prepared under my direct supervision and is complete and accurate. The registered Civil Engineer attests to the technical information,contained herein and the engineering data upon which recommendations, conclusions and decisions are based. I also certify that I am duly registered as a Professional Civil Engineer in the State of California.

Nov 2. l -Z.o t8 I
Sam Tsz Kin Ho Date
Professional Registered Civil Engineer License Number: C79939 Expires September 30, 2020
Engineering and Traffic Survey
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Engineering and Traffic Survey
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INTRODUCTION
This Engineering and Traffic Survey is intended to be the basis for the establishment, revision, and enforcement of speed limits for selected streets within the City of Arroyo Grande. This Engineering and Traffic Survey presents recommended speed limits for 70 street segments in the City of Arroyo Grande. Engineering and Traffic Surveys are required by the State of California to establish intermediate speed limits on local streets and to enforce those limits using radar or other speed measuring devices. These surveys must be updated every 5 or 7 years to ensure the speeds reflect current conditions as dictated by the California Vehicle Code (CVC). The CVC also requires that the surveys be conducted based on the methodology required by The California Manual on Uniform Traffic Control Devices (CA MUTCD) dated November 2014.

The survey was requested by the City for the proper posting of speed limits and to enable the Police Department to utilize radar or other electronic speed measuring devices for speed enforcement. CVC Sections 40801 and 40802 require Engineering and Traffic Surveys that verify the prima facie speed limit before enforcement by such a device is legal. The law further specifies that these surveys be conducted every 5 years.

The surveys can be extended to 7 years provided the City's police officer(s) have completed a 24-hour radar operator course (CVC Section 40802(c)(2)(B)(i)(I)).

Additionally, some surveys may be extended to 10 years if a traffic engineer certifies that no changes in roadway or traffic conditions have occurred (CVC Section 40802 (c)(2)(B)(i)(II)). These provisions assure that posted speed limits are kept reasonably current.

The Engineering and Traffic Surveys for the City were conducted in accordance with procedures outlined in the California Manual on Uniform Traffic Control Devices (California MUTCD) dated November 2014 and as required by Section 627 of the California Vehicle Code. The Code further describes three elements of an engineering and traffic survey:

1. Measurement of prevailing speed;

2. Accident history; and

3. Roadway characteristics not readily apparent to the motorist.

Posted speed limits are established primarily to protect the general public from the reckless and unpredictable behavior of dangerous drivers. They provide law enforcement with a clearly understood method to identify and apprehend violators of the basic speed law (CVC Section 22350). This law states that "No person shall drive a

Engineering and Traffic Survey
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vehicle on a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." The posted speed limit gives motorists a clear warning of the maximum speed that is reasonable and prudent under typical driving conditions.

The basic fundamentals for establishing speed limits recognize that the majority of drivers behave in a safe and reasonable manner, and therefore, the normally careful and competent actions of a reasonable driver should be considered legal. Speed limits established on these fundamentals conform to the consensus that those who drive the highway determine what speed is reasonable and safe, not on the judgment of one or a few individuals. A radar speed study is usually used to record the prevailing speed of reasonable drivers.

Speed limits are also established to advise drivers of conditions which may not be readily apparent to a reasonable driver. For this reason, accident history, roadway conditions, traffic characteristics, and land use must also be analyzed before determining speed limits. Speed limit changes are usually made in coordination with physical changes in roadway conditions or roadside developments. Unusually short zones of less than one-half mile in length should be avoided to reduce driver confusion.

Additionally, it is generally accepted that speed limits cannot be successfully enforced without voluntary compliance by a majority of drivers. Consequently, only the driver whose behavior is clearly out of line with the normal flow of traffic is usually targeted for enforcement.

ELEMENTS OF THE ENGINEERING AND TRAFFIC SURVEY
The California Manual on Uniform Traffic Control Devices (California MUTCD) dated November 2014 specifies the methodology to be used for completing Engineering and Traffic Surveys. This methodology includes an evaluation of current vehicle speeds, accident history and conditions not readily apparent to motorists. The basic elements of the Engineering and Traffic Survey are discussed in more detail as follows:

Speed Sampling
Existing vehicle speeds are surveyed by a certified radar operator with a calibrated radar unit in an unmarked vehicle. Speed samples are taken for each segment

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representing a statistically significant sample of current traffic. This data is then evaluated to identify the distribution of speeds. A key element in the evaluation is the identification of the 85th percentile speed. The 85th percentile speed is the speed at or below which 85 percent of the traffic travels. This threshold represents what is historically found to be a safe and reasonable speed for most drivers based on common roadway conditions. Therefore, a speed limit is established at the nearest 5-mile per hour (mph) increment to the 85th percentile speed, except as shown in the two options below.

Options:

1. The posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th percentile speed, in compliance with CVC Section 627 and 22358.5.

2. For cases in which the nearest 5 mph increment of the 85th percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used. Refer to CVC Section 21400(f).

If the speed limit to be posted has had the 5 mph reduction applied, then an E&TS shall document in writing the conditions and justification for the lower speed limit. The reasons for the lower speed limit shall be in compliance with CVC Section 627 and 22358.5
The following examples are provided to explain the application of these speed limit criteria:

A. Using Option 1 above and first step is to round down: If the 85th percentile speed in a speed survey for a location was 37 mph, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the 37 mph speed. As indicated by the option, this 35 mph established speed limit could be reduced by 5 mph to 30 mph if conditions and justification for using this lower speed limit are documented in the E&TS.

B. Using Option 1 above and first step is to round up: If the 85th percentile speed in a speed survey for a location was 33 mph, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the 33 mph speed. As indicated by the option, this 35 mph speed limit could be reduced by 5 mph to 30 mph if the conditions and justification for using this lower speed limit are documented in the E&TS.

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C. Using Option 2 above and first step is to round up: If the 85th percentile speed in a speed survey for a location was 33 mph, instead of rounding up to 35 mph, the speed limit can be established at 30 mph, but no further reduction can be applied.

Collision History
Reported collisions are reviewed for each street segment to determine if there is a higher than average rate of collisions. A segment that has an above-average collision rate typically suggests conditions that are not readily apparent to motorists.

A summary of the collision rates for the 70 surveyed street segments is provided in Appendix B [ON FILE AT THE CITY].

Conditions Not Readily Apparent To Motorists
Each street segment is field inspected to identify roadway conditions that may not be readily apparent to motorists. A determination is made whether any conditions are significant and warrant the recommendation of the speed limit 5 mph or more below the basic speed limit. It is important to note that The California Manual on Uniform Traffic Control Devices (California MUTCD) dated November 2014 recommends exercising great care when establishing speed limits 5 mph or more below the basic speed limit.

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SURVEY CONDITIONS

SURVEY LOCATIONS
The procedures below describe the criteria and methods used to survey selected streets within the City of Arroyo Grande. The specific location of the radar speed survey for each street segment was selected after considering the following:

1. Minimum stop sign and traffic signal influence.

2. Minimum visibility restrictions.

3. Non-congested traffic flow away from intersections and driveways.

4. Minimum influence from curves or other roadway conditions that would affect the normal operation of a vehicle.

DATA COLLECTION
Data of existing conditions was obtained including prevailing speed of vehicles, traffic collisions, visibility restrictions, and roadway conditions within the community. Speed data and field reviews were conducted at 70 locations during the years of 2016 and 2018. Three locations were used as samples to verify that driver behavior has not changed over the time period.

Speed Data
Radar speed measurements were conducted at 70 locations during the months of November-May of 2015-2016 and July-September 2018. All surveys were conducted in good weather conditions, during off-peak hours on weekdays. The radar unit was operated from an unmarked vehicle to minimize any influence on driver behavior.

Typically, a minimum sample size of 100 vehicles or the total samples during a maximum period of 2 hours were obtained for each segment. Traffic speeds in both/each directions were recorded for individual segments.

Collision Data
Collision data was obtained from the City's SWITRS electronic collision database. For this study, collision data was used from the latest 4 years of reported accidents from January 1, 2014 to December 31, 2017. The collision rates for the 70 segments are expressed in accidents per million vehicle miles (A/MVM). To calculate these rates, 24-

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hour traffic volumes were collected for each street segment. This information was then entered into the following formula to determine the collision rate:

𝑅𝑅 = 𝐴𝐴 𝑥𝑥 1,000,000 𝑥𝑥
𝐴𝐴 𝑥𝑥 1,000,000
𝑡𝑡 𝑥𝑥 365 𝑑𝑑𝑑𝑑𝑑𝑑𝑑𝑑
𝑦𝑦 𝑦𝑦
𝑥𝑥 𝑙𝑙 𝑥𝑥 𝑣𝑣
A = Number of midblock collisions over time period
R = Collision Rate (accidents/million vehicle miles)
t = Time Period Covered (in years)
I = Length of Segment (miles)
v = Traffic Volume (average daily traffic)
The segment collision rate was then compared to the average statewide collision rate.

The average statewide collision rates were obtained from 2015 Collision Data on California State Highways published by Caltrans.

Field Review Data
A field review was conducted for each of the selected street segments in the City with consideration for the following factors:

1. Street width and alignment (design speed);

2. Pedestrian activity and traffic flow characteristics;

3. Number of lanes and other channelization and striping patterns;

4. Frequency of intersections, driveways, and on-street parking;

5. Location of stop signs and other regulatory traffic control devices;

6. Visibility obstructions;

7. Land use and proximity to schools;

8. Pedestrian and bicycle usage;

9. Uniformity with existing speed zones and those in adjacent jurisdictions; and

10. Any other unusual condition not readily apparent to the driver.

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ANALYSIS

CRITERIA
Survey data was compiled and analyzed to determine the recommended speed limit in accordance with several criteria contained in The California Manual on Uniform Traffic Control Devices (California MUTCD) dated November 2014. Some of the criteria used are:

A. The critical speed or 85th percentile speed is that speed at or below which 85 percent of the traffic is moving. This speed is the baseline value in determining what the majority of drivers believe is safe and reasonable. Speed limits set higher than the critical speed are not considered reasonable and safe. Speed limits set lower than the critical speed make a large number of reasonable drivers "unlawful," and do not facilitate the orderly flow of traffic. The "basic speed limit" is the nearest 5 mph increment to the 85th percentile speed.

B. The 10 mile per hour (mph) pace speed is the 10 mph increment that contains the highest percentage of vehicles. It is a measure of the dispersion of speeds across the range of the samples surveyed. An accepted practice is to keep the speed limit within the 10 mph pace while considering the critical speed and other factors that might require a speed lower than the critical speed.

C. The collision rate for each street segment is compared to average collision rates that can be reasonably expected to occur on streets and highways in other jurisdictions, in proportion to the volume of traffic per lane mile. These average collision rates have been developed by the State of California and are considered reasonable for use in the City of Arroyo Grande.

RESULTS AND RECOMMENDATIONS
The Engineering and Traffic Survey Forms, presented in Appendix A [ON FILE AT THE CITY], illustrate results of a thorough evaluation of the available data and recommend a speed limit for each street segment surveyed. A complete summary of all recommendations is shown in Table 2. In each case, the recommended speed limit was consistent with the prevailing behavior as demonstrated by the radar speed measurements. Typically, a speed limit in the upper range of the 10-mile pace was selected unless a collision rate significantly higher than expected was discovered or roadway conditions not readily apparent to the driver were identified. Any segments with recommended speed limits 5 mph or more below the basic speed limit are fully explained later in this report.

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The Legislature, in adopting Section 22358.5 of the California Vehicle Code (CVC), has made it clear that physical conditions, such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not be the basis for special downward speed zoning. In these cases, the basic speed law (CVC Section 22350) is sufficient to regulate such conditions.

The recommendations contained in this Report are intended to establish prima facie speed limits. They are not intended to be absolute for all prevailing conditions. All prima facie speed violations are actually violations of the basic speed law (Section 22350 of California Vehicle Code). This statute states that a person shall not drive a vehicle at a speed greater than is safe having regard for traffic, roadway, and weather conditions. A prima facie limit is intended to establish a maximum safe speed under normal conditions.

Table 1 identifies the street segments with recommended changes in posted speed limits and Table 2 summarizes the recommendations for all surveyed segments.

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Table 1: Street Segments with Recommended Speed Changes Table 2: Summary of Recommendations
# STREET FROM TO DIR POSTED

SPEED (MPH)
85TH %ILE RECOMMENDED

SPEED (MPH)
City Limits S. Elm St EB 35
City Limits S. Elm St WB 35
Via Las Aguilas Rancho Parkway EB N/A
Via Las Aguilas Rancho Parkway WB 30
Paseo St Printz Rd NB N/A
Paseo St Printz Rd SB N/A
Huasna Rd Wildwood Dr NB 40
Huasna Rd Wildwood Dr SB 40
Traffic Way Pacific Coast Railway Pl EB N/A
Traffic Way Pacific Coast Railway Pl WB 25
Orchard Ave Traffic Way EB N/A
Orchard Ave Traffic Way WB 35
Bakeman Ln S Elm St EB 35
Bakeman Ln S Elm St WB 35
Rancho Pkwy Hidden Oak Rd EB 40
Rancho Pkwy Hidden Oak Rd WB 40
N Mason St Via La Barranca EB N/A
N Mason St Via La Barranca WB N/A
Le Point St E Branch St NB N/A
Le Point St E Branch St SB N/A
E Grand Ave Blueberry Ave NB 25
E Grand Ave Blueberry Ave SB N/A
S Elm St Gaynfair Tr EB 40
S Elm St Gaynfair Tr WB 40
Fair Oaks Ave Sunrise Tr NB N/A
Fair Oaks Ave Sunrise Tr SB N/A
E Grand Ave Vernon St EB N/A
E Grand Ave Vernon St WB N/A 66 W BRANCH ST 32.29 30
63 VALLEY RD 41.48 40
59 THE PIKE 37.79 35
47 S COURTLAND ST 32.72 30
40 N MASON ST 25.36 25
36 LE POINT ST 33.22 30
34 JAMES WAY 36.02 35
28 FARROLL AVE 30.34 30
24 FAIR OAKS AVE 29.21 30
14 E CHERRY AVE 35.22 30
9 CORBETT CANYON RD 37.65 35
8 CORBETT CANYON RD 44.01 40
6 CAMINO MERCADO 37.56 35
1 ASH ST 33.88 30
# STREET FROM TO DIR POSTED

SPEED (MPH)
85TH %ILE RECOMMENDED

SPEED (MPH)
City Limits S. Elm St EB 35
City Limits S. Elm St WB 35
E Cherry Ave Newsom Springs Rd EB 40
E Cherry Ave Newsom Spring Rd WB 40
Linda Dr El Camino Real NB 35
Linda Dr El Camino Real SB 35
E Grand Ave Linda Dr NB 30
E Grand Ave Linda Dr SB 30
W Branch St Via Las Aguilas EB 30
W Branch St Via Las Aguilas WB N/A
Via Las Aguilas Rancho Parkway EB N/A
Via Las Aguilas Rancho Parkway WB 30
5 CAMINO MERCADO 33.34 30
6 CAMINO MERCADO 37.56 35
3 BRISCO RD 35.15 35
4 BRISCO RD 29.11 30
1 ASH ST 33.88 30
2 BRANCH MILL RD 43.38 40
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# STREET FROM TO DIR POSTED

SPEED (MPH)
85TH %ILE RECOMMENDED

SPEED (MPH)
Printz Rd City Limits NB 45
Printz Rd City Limits SB 45
Paseo St Printz Rd NB N/A
Paseo St Printz Rd SB N/A
Huasna Rd Wildwood Dr NB 40
Huasna Rd Wildwood Dr SB 40
Garden St Huasna Rd EB N/A
Garden St Huasna Rd WB 30
Garden St Paulding Cir EB 30
Garden St Paulding Cir WB 30
Bridge St Mason St EB 25
Bridge St Mason St WB 25
Pacific Coast Railway Pl Branch Mill Rd EB N/A
Pacific Coast Railway Pl Branch Mill Rd WB 35
Traffic Way Pacific Coast Railway Pl EB N/A
Traffic Way Pacific Coast Railway Pl WB 25
Oak St 101 North Off-Ramp EB 35
Oak St 101 North Off-Ramp WB 35
Alpine St Oak St EB 35
Alpine St Oak St WB 35
Brisco Rd Alder St EB 35
Brisco Rd Alder St WB 35
Courtland St Elm St EB 35
Courtland St Elm St WB 35
Oak Park Blvd Robles Rd EB 45
Oak Park Blvd Robles Rd WB 45
Robles Rd Stonecrest Dr EB N/A
Robles Rd Stonecrest Dr WB 40
Stonecrest Dr Brisco Rd EB 40
Stonecrest Dr Brisco Rd WB N/A
N Halcyon Rd Bennett Ave EB 35
N Halcyon Rd Bennett Ave WB 35
Bennett Ave Cornwall Ave NB 35
Bennett Ave Cornwall Ave SB 35
Orchard Ave Traffic Way EB N/A
Orchard Ave Traffic Way WB 35
Valley Rd California St EB 35
Valley Rd California St WB 35
Valley Rd S Halcyon Rd EB 40
Valley Rd S Halcyon Rd WB 40
S Elm St Victorian Ct EB 30
S Elm St Victorian Ct WB 30
Bakeman Ln S Elm St EB 35
Bakeman Ln S Elm St WB 35
N Rodeo Dr S Rodeo Dr NB 35
N Rodeo Dr S Rodeo Dr SB 35
Corbett Canyon Rd Stagecoach Rd EB 40
Corbett Canyon Rd Stagecoach Rd WB 40
29 GRACE LN 37.17 (38.95) 35
30 HUASNA RD 40.43 40
27 FARROLL AVE 35.06 (36.31) 30
28 FARROLL AVE 30.34 30
25 FAIR OAKS AVE 35.73 35
26 FAIR OAKS AVE 43.09 40
23 EL CAMINO REAL 35.63 35
24 FAIR OAKS AVE 29.21 30
21 EL CAMINO REAL 43.58 (41.59) 40
22 EL CAMINO REAL 37.79 35
19 EL CAMINO REAL 46.26 45
20 EL CAMINO REAL 41.59 40
17 E GRAND AVE 39.88 35
18 E GRAND AVE 38.98 35
15 E GRAND AVE 37.64 35
16 E GRAND AVE 37.71 35
13 E CHERRY AVE 34.78 35
14 E CHERRY AVE 35.22 30
11 E BRANCH ST 35.24 30
12 E BRANCH ST 22.25 25
9 CORBETT CANYON RD 37.65 35
10 E BRANCH ST 32.33 30
7 CORBETT CANYON RD 50.31 45
8 CORBETT CANYON RD 44.01 40 t
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# STREET FROM TO DIR POSTED

SPEED (MPH)
85TH %ILE RECOMMENDED

SPEED (MPH)
Stagecoach Rd City Limits EB 45
Stagecoach Rd City Limits WB 45
Oak Park Blvd Equestrian Way EB 40
Oak Park Blvd Equestrian Way WB 40
Equestrian Way Rancho Pkwy EB 40
Equestrian Way Rancho Pkwy WB 40
Rancho Pkwy Hidden Oak Rd EB 40
Rancho Pkwy Hidden Oak Rd WB 40
Hidden Oak Rd Tally Ho Rd EB 35
Hidden Oak Rd Tally Ho Rd WB 35
N Mason St Via La Barranca EB N/A
N Mason St Via La Barranca WB N/A
E Grand Ave Brighton St NB 25
E Grand Ave Brighton St SB 25
E Grand Ave End of Cul de Sac NB 25
E Grand Ave End of Cul de Sac SB 25
E Grand Ave Bennett Ave NB 35
E Grand Ave Bennett Ave SB N/A
Le Point St E Branch St NB N/A
Le Point St E Branch St SB N/A
Farroll Ave Naples St NB 35
Farroll Ave Naples St SB 35
42 OAK PARK BLVD W Branch St James Way NB 40 42.04 40
43 OAK PARK BLVD James Way Meadowlark Dr NB 40 41.1 40
W Branch St Camino Mercado NB 35
W Branch St Camino Mercado SB 35
Camino Mercado Palos Secos NB 40
Camino Mercado Palos Secos SB 40
Palos Secos Refugio Pl NB 40
Palos Secos Refugio Pl SB 40
E Grand Ave Blueberry Ave NB 25
E Grand Ave Blueberry Ave SB N/A
Blueberry Ave Ash St NB 25
Blueberry Ave Ash St SB 25
E Grand Ave Maple St NB 35
E Grand Ave Maple St SB 35
Ash St Fair Oaks Ave NB 25
Ash St Fair Oaks Ave SB 25
Fair Oaks Ave Farroll Ave NB 30
Fair Oaks Ave Farroll Ave SB 30
The Pike City Limits NB 35
The Pike City Limits SB 35
Park Way Dodson Way NB 35
Park Way Dodson Way SB 35
Dodson Way Fair Oaks Ave NB 40
Dodson Way Fair Oaks Ave SB 40
Fair Oaks Ave The Pike NB 40
Fair Oaks Ave The Pike SB 40
Printz Rd James Way NB 35
Printz Rd James Way SB 35
James Way Via La Barranca NB 30
James Way Via La Barranca SB 30 57 TALLY HO RD 31.14 30 55 S HALCYON RD 40.36 40
56 TALLY HO RD 35.99 35
53 S HALCYON RD 37.84 35
54 S HALCYON RD 38.23 35
51 S ELM ST 31.53 30
52 S ELM ST 37.39 35
49 S ELM ST 38.27 35
50 S ELM ST 29.87 25
47 S COURTLAND ST 32.72 30
48 S COURTLAND ST 27.97 25
45 RANCHO PKWY 43.57 40
46 RANCHO PKWY 43.27 40
41 OAK PARK BLVD 37.88 35
44 RANCHO PKWY 36.87 35
39 N HALCYON RD 33.8 35
40 N MASON ST 25.36 25
37 N COURTLAND ST 30.06 25
38 N ELM ST 28.42 25
35 JAMES WAY 38.58 35
36 LE POINT ST 33.22 30
33 JAMES WAY 43.84 40
34 JAMES WAY 36.02 35
31 HUASNA RD 45.39 45
32 JAMES WAY 40.73 40 t
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SEGMENTS WITH SPECIAL CONDITIONS
The following segments surveyed had recommended speed limits that were 5 miles per hour or more below the critical speed due to conditions not readily apparent to the driver. Each segment is discussed in further detail.

Segment #7- Corbett Canyon Road – From Printz Road to To City Limits • Current Posted Speed Limit : 45 MPH
• 85th Percentile Calculation: 50.31 MPH
• Recommended Speed Limit: 45 MPH
Justification: 5 MPH reduction applied. Low visibility on horizontal curve. Driveways to residential homes.

Segment #11- E Branch Street – From Garden Street to Paulding Circle • Current Posted Speed Limit : 30 MPH
• 85th Percentile Calculation: 35.24 MPH
• Recommended Speed Limit: 30 MPH
Justification: 5 MPH reduction applied. Neighboring segments are 30 MPH going eastbound and 25 going westbound This will create potential problems for vehicles transitioning from a higher speed to a lower speed. Vertical curve is present. # STREET FROM TO DIR POSTED

SPEED (MPH)
85TH %ILE RECOMMENDED

SPEED (MPH)
Del Sol St S Elm St EB 35
Del Sol St S Elm St WB 35
S Elm St Gaynfair Tr EB 40
S Elm St Gaynfair Tr WB 40
Gaynfair Tr S Halcyon Rd EB 40
Gaynfair Tr S Halcyon Rd WB 40
W Branch St Fair Oaks Ave NB N/A
W Branch St Fair Oaks Ave SB 35
Fair Oaks Ave SB HWY 101 On Ramp NB 35
Fair Oaks Ave SB HWY 101 On Ramp SB 35
Fair Oaks Ave Sunrise Tr NB N/A
Fair Oaks Ave Sunrise Tr SB N/A
Sunrise Tr Tiger Tail Dr NB 40
Sunrise Tr Tiger Tail Dr SB 40
101 North Off-Ramp Bridge St EB 25
101 North Off-Ramp Bridge St WB N/A
E Grand Ave Vernon St EB N/A
E Grand Ave Vernon St WB N/A
Vernon St Old Ranch Rd EB 40
Vernon St Old Ranch Rd WB 40
Old Ranch Rd Rodeo Dr EB 40
Old Ranch Rd Rodeo Dr WB N/A
Rancho Pkwy Camino Mercado EB 40
Rancho Pkwy Camino Mercado WB 40
Camino Mercado N Oak Park Blvd EB 40
Camino Mercado N Oak Park Blvd WB 40
69 W BRANCH ST 40.36 40
70 W BRANCH ST 42.37 40
67 W BRANCH ST 41.99 40
68 W BRANCH ST 42.73 40
65 W BRANCH ST 26.25 25
66 W BRANCH ST 32.29 30
63 VALLEY RD 41.48 40
64 VALLEY RD 43.3 40
61 TRAFFIC WAY 35.66 35
62 TRAFFIC WAY 38.2 35
59 THE PIKE 37.79 35
60 THE PIKE 42.91 40
58 THE PIKE 34.75 35
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Segment #14- E Cherry Avenue – From Traffic Way to Pacific Coast Railway • Current Posted Speed Limit: 25 MPH
• 85th Percentile Calculation: 35.22 MPH
• Recommended Speed Limit: 30 MPH
Justification: 5 MPH reduction applied. Residential on Westbound side. Development on Eastbound side. Recommend monitoring “ROAD WORK” traffic control during construction. Once development is completed an E&TS is recommended to reflect change in travel patterns/behavior.

Segment #17- E Grand Avenue - From Brisco Road to Alder Street • Current Posted Speed Limit: 35 MPH
• 85th Percentile Calculation: 39.88 MPH
• Recommended Speed Limit: 35 MPH
Justification: 5 MPH reduction applied. The adjacent segments shows travel behavior at 35 MPH, for consistency in travel flow it is recommended to maintain the same speed limit through this corridor.

Segment #27 Farroll Avenue - From S Elm Street to Victorian Court • Current Posted Speed Limit: 30 MPH
• 85th Percentile Calculation: 35.06 MPH
• Recommended Speed Limit: 30 MPH
Justification: 5 MPH reduction applied. Residential driveways and sight distance due to parked vehicles. This leads to a segment of an existing 25 MPH zone adjacent to this segment.

Segment #33 James Way - From Equestrian Way to Rancho Parkway • Current Posted Speed Limit: 40 MPH
• 85th Percentile Calculation: 43.84 MPH
• Recommended Speed Limit: 40 MPH
Justification: 5 MPH reduction applied. Horizontal and Vertical curves in this area.

Will keep traffic consistent with Westbound and Eastbound existing speed limits.

Class II Bike lane facility are present in this segment.

Segment #35 James Way - From Hidden Oak Road to Tally Ho Road • Current Posted Speed Limit: 35 MPH
• 85th Percentile Calculation: 35.40 MPH (east) 40.79 MPH (west) • Recommended Speed Limit: 35 MPH
Justification: 5 MPH reduction applied. Both directions have parking on both sides.

Residential homes with driveways on both sides.

Engineering and Traffic Survey
for the City of Arroyo Grande 14
Segment #37 N Courtland Street - From E Grand Avenue to Brighton Street • Current Posted Speed Limit: 25 MPH
• 85th Percentile Calculation: 30.06 MPH
• Recommended Speed Limit: 25 MPH
Justification: A senior apartment complex is located on the west side of the roadway.

CVC Section 22352 allows adjustment for roadways adjacent to senior facilities when “SENIOR" warning signs are in place.

Segment #50 S Elm Street - From Ash Street to Fair Oaks Avenue • Current Posted Speed Limit: 25 MPH
• 85th Percentile Calculation: 29.87 MPH
• Recommended Speed Limit: 25 MPH
Justification: A senior apartment complex is located on the east side of the roadway.

CVC Section 22352 allows adjustment for roadways adjacent to senior facilities when “SENIOR" warning signs are in place.

Segment #62 Traffic Way - From Fair Oaks Avenue to 101 on Ramp • Current Posted Speed Limit: 35 MPH
• 85th Percentile Calculation: 40.88 MPH (North) 32.07 (South) • Recommended Speed Limit: 35 MPH
Justification: 5 MPH reduction applied. Development on north side. Recommend monitoring “ROAD WORK” traffic control during construction. A traffic signal is proposed at the intersection of Fair Oaks Ave after E Cherry Development. Once development is completed an E&TS is recommended to reflect change in travel patterns/behavior.

Segment #64 Valley Road - From Sunrise Terrace to Tiger Tail Drive • Current Posted Speed Limit: 40 MPH
• 85th Percentile Calculation: 43.3 MPH
• Recommended Speed Limit: 40 MPH
Justification: 5 MPH reduction applied.

Engineering and Traffic Survey
for the City of Arroyo Grande 15

LEGISLATIVE REFERENCES

APPLICABLE SECTIONS OF CALIFORNIA VEHICLE CODE
SECTION 1. Section 627 of the Vehicle Code:

Section 627.
a) "Engineering and traffic survey," as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following:
(1) Prevailing speeds as determined by traffic engineering measurements. (2) Accident records.
(3) Highway, traffic, and roadside conditions not readily apparent to the driver.
c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:
(1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district:

A. Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures.

B. Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.

C. The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B).
(2) Pedestrian and bicyclist safety.

Engineering and Traffic Survey
for the City of Arroyo Grande 16
Basic Speed Law
CVC Section 22350.

No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.

Speed Law Violations
CVC Section 22351.
(a) The speed of any vehicle upon a highway not in excess of the limits specified in Section 22352 or established as authorized in this code is lawful unless clearly proved to be in violation of the basic speed law.
(b) The speed of any vehicle upon a highway in excess of the prima facie speed limits in Section 22352 or established as authorized in this code is prima facie unlawful unless the defendant establishes by competent evidence that the speed in excess of said limits did not constitute a violation of the basic speed law at the time, place and under the conditions then existing.

Prima Facie Speed Limits
CVC Section 22352.

The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof:
(a) Fifteen miles per hour:
(1)When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the driver does not have a clear and unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along such railway. This subdivision does not apply in the case of any railway grade crossing where a human flagman is on duty or a clearly visible electrical or mechanical railway crossing signal device is

Engineering and Traffic Survey
for the City of Arroyo Grande 17
installed but does not then indicate the immediate approach of a railway train or car.
(2) When traversing any intersection of highways, if during the last 100 feet of the driver's approach to the intersection, the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-ofway signs or controlled by official traffic control signals. (3) On any alley.
(b) Twenty-five miles per hour:
(1) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code.
(2) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this
subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds. (3) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Active Transportation Program pursuant to Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the

Engineering and Traffic Survey
for the City of Arroyo Grande 18
erection of those signs, including, but not limited to, donations from private sources.

Increase of Local Speed Limits to 65 Miles Per Hour
CVC Section 22357.
(a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55 or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey.

This section does not apply to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366.

Downward Speed Zoning
CVC Section 22358.5.

It is the intent of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning, as the basic rule of Section 22350 is sufficient regulation as to such conditions.

Boundary Line Streets
CVC Section 22359.

Engineering and Traffic Survey
for the City of Arroyo Grande 19
With respect to boundary line streets and highways where portions thereof are within different jurisdictions, no ordinance adopted under Sections 22357 and 22358 shall be effective as to any such portion until all authorities having jurisdiction of the portions of the street concerned have approved the same. This section shall not apply in the case of boundary line streets consisting of separate roadways within different jurisdictions.

Speed Trap Prohibition
CVC Section 40801.

No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code.

Speed Trap
CVC Section 40802.
(a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under paragraph (1) of subdivision (b) of Section 22352, or established under Section 22354, 22357, 22358 or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving object. This paragraph does not apply to a local street, road, or school zone.
(b)(1) For purposes of this section, a local street or road is one that is functionally classified as “local” on the “California Road Systems Maps,” that are approved

Engineering and Traffic Survey
for the City of Arroyo Grande 20
by the Federal Highway Administration and maintained by the Department of Transportation. When a street or road does not appear on the “California Road System Maps,” it may be defined as a “local street or road” if it primarily provides access to abutting residential property and meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half mile of an uninterrupted length. Interruptions shall include official traffic control devices as defined in Section 445. (C) Not more than one traffic lane in each direction.
(2) For purposes of this section "school zone" means that area approaching or passing a school building or the grounds thereof that is contiguous to a highway and on which is posted a standard "SCHOOL" warning sign, while children are going to orleaving the school either duringschool hours or during the noon recess period. "School zone" also includes the area approaching or passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are inuse bychildren ifthat highway is posted with a standard "SCHOOL" warning sign.
(c)(1) When all the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable:
(A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.
(C)(i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer

Engineering and Traffic Survey
for the City of Arroyo Grande 21
issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349, 22356, or22406. (D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Traffic Highway Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility.
(2) A "speed trap" is either of the following:
(A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
(B)(i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under paragraph (1) of subdivision (b) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of speed limit involves the use of radar or any other electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years. (II) If an engineering and traffic surveywas conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use,roadway width, or

Engineering and Traffic Survey
for the City of Arroyo Grande 22
traffic volume, 10 years.
(ii) This subparagraph does not apply to a local street, road, or school zone.

Speed Trap Evidence
CVC Section 40803.
a) No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speedtrap. b) In any prosecution under this code of a charge involving the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802. c) When a traffic and engineering survey is required pursuant to paragraph (2) of subdivision (a) of Section 40802, evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in paragraph (2) of subdivision (a) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speed trap as defined in paragraph (2) subdivision (a) of Section 40802.

Engineering and Traffic Survey
for the City of Arroyo Grande 23
City of Arroyo Grande
Engineering and Traffic Survey

APPENDIX

TABLE OF CONTENTS
A................... Radar Speed Distribution
B ................... Collision Rates
C ................... Average Daily Traffic Volumes
D................... Speed Survey Segments Map (Attachment 2) & (Attachment 3)

Engineering and Traffic Survey
for the City of Arroyo Grande 24

APPENDIX A
Radar Speed Distribution

Engineering and Traffic Survey
for the City of Arroyo Grande 25

APPENDIX B
Collision Rates

Engineering and Traffic Survey
for the City of Arroyo Grande 26

APPENDIX C
Average Daily Traffic (ADT) Volumes

Engineering and Traffic Survey
for the City of Arroyo Grande 27

APPENDIX D
Speed Survey Segments Map (Attachment 2) & (Attachment 3)

CRANBERRY ST

SPRUCE ST

MAPLE ST

LOS OLIVOS LN

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ASPEN ST

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GRACELN
1 2
3 4
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10 11
12 13
14 15
16 18 17
19 20
21 22 23
24 25
26 28 27
29 30
31 32 33
34 35
36 37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58 59 60
61 62
63 64
65 66
67 68
69 70
SPEED SURVEY 2018
THIS MAP DISPLAYS STREET SEGMENTS SURVEYED AS PART OF THE 2016 AND 2018 SPEED SURVEY EFFORTS. SEGMENTS ARE LABELED BY SEGMENT ID. APPROXIMATE RADAR LOCATIONS ARE ALSO SHOWN FOR REFERENCE.

CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT | ENGINEERING DIVISION

SURVEY SEGMENTS AND APPROXIMATE RADAR LOCATIONS

SURVEY SEGMENTS

CITY LIMITS
2016 RADAR LOCATIONS
2018 RADAR LOCATIONS
G
0 0.25 0.5 0.751MILES

N ELM ST

N COURTLAND ST

W BRANCH ST

N HALCYON RD

E BRANCH ST

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CREATED BY: C. KARAMANLIS; PROGRAM ANALYST; NOV. 2018
ATTACHMENT 2
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DODSON WY S HALCYON RD

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EGRANDAV

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FAIROAKS
AV

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VALLEY RD
FARRO
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RANCHOPKWY

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SELMST

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ASH ST

EL CAMINO REAL

HUASNARD

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GRACELN
1 2
3 4
5 6
7 89
10 11
12 13
14 15
16 18 17
19 20
21 22 23
24 25
26 28 27
29 30
31 32 33
34 35
36 37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58 59 60
61 62
63 64
65 66
67 68
69 70
SPEED SURVEY 2018
THIS MAP DISPLAYS STREET SEGMENTS SURVEYED AS PART OF THE 2016 AND 2018 SPEED SURVEY EFFORTS. SEGMENTS ARE LABELED BY SEGMENT ID. ADJACENT PARCEL LAND USE FOR EACH SEGMENT IS ALSO SHOWN FOR REFERENCE.

CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPARTMENT | ENGINEERING DIVISION

SURVEY SEGMENTS AND ADJACENT PARCEL LAND USE

SURVEY SEGMENTS

CITY LIMITS

LAND USE CATEGORIES

AGRICULTURE

CONSERVATION OPEN SPACE

COMMUNITY FACILITIES

SINGLE FAMILY VERY LOW DENSITY

SINGLE FAMILY LOW DENSITY

SINGLE FAMILY LOW-MEDIUM DENSITY

SINGLE FAMILY MEDIUM DENSITY

MULTI-FAMILY MEDIUM-HIGH DENSITY

MULTI-FAMILY HIGH DENSITY

MULTI-FAMILY VERY HIGH DENSITY

MIXED-USE

VILLAGE CORE

OFFICE PROFESSIONAL

REGIONAL COMMERCIAL
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N COURTLAND ST

W BRANCH ST

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CREATED BY: C. KARAMANLIS; PROGRAM ANALYST; NOV. 2018
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Item 9.e.

MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Interim Public Works Director
BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: November 28, 2023
SUMMARY OF ACTION:

The update reports the City’s total water supply and demand for October 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 October 2023, the City’s water use was 179.7 Acre Feet with a per capita use of 105 gallons per day/per person. The residential per capita use was 81 gallons per day/per person. There was a total of 0 inches of rainfall in the City in October 2023.

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

Item 9.e.

City Council
Monthly Water Supply and Demand Update
November 28, 2023

ANALYSIS OF ISSUES:

The United States Drought Monitor, as of November 10, 2023, shows San Luis Obispo County is not in a drought. Rainfall for the period of July 1, 2023, through October 31, 2023, is 0 inches at the Corporation Yard rain gauge. Lopez Lake is 95% (46,918 Acre Feet) as of November 10, 2023.

The deep well index for the fourth quarter of 2023 was completed on October 10, 2023, and is 10.95 feet above sea level, which is 3.45 feet above the threshold value. The current deep well index is 0.62 feet lower than July 2023, and 5.07 feet higher than October 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. Monthly Water Use Supply & Demand

4. Deep Well Index Levels

PROJECT WATER

DELIVERIES

DURING SPILL

DELIVERIES

DURING SPILL
R USAGE % USAGE % USAGE % USAGE USAGE % USAGE % USAGE % USAGE % USAGE USAGE %AG 2290 0 0 2290 177.84 8% 0.0 0% 0.0 0% 0.00 177.84 8% 799.4 35% 0.0 0% 0.0 0% 405.05 1204.42 53%OCSD 303 0 0 303 55.32 18% 0.0 0% 0.0 0% 0.00 55.32 18% 280.9 93% 0.0 0% 0.0 0% 96.60 377.53 125%GB 800 0 0 800 64.84 8% 0.0 0% 0.0 0% 0.00 64.84 8% 300.5 38% 0.0 0% 0.0 0% 164.17 464.66 58%PB 892 0 0 892 12.21 1% 0.0 0% 0.0 0% 0.00 12.21 1% 137.4 15% 0.0 0% 0.0 0% 275.16 412.53 46%CSA 12 245 0 0 245 6.77 3% 0.0 0% 0.0 0% 0.00 6.77 3% 36.3 15% 0.0 0% 0.0 0% 19.90 56.15 23%SM N/A N/A 0 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/ATOTAL 4530 0 4530 316.98 7.0% 0.0 0% 0.0 0% 0.00 316.98 7.0% 1554.4 34.3% 0 0.0% 0.0 0% 960.88 2515.29 56%

STATE WATER PROJECT WATER

DELIVERIES

THIS MONTH JANUARY TO PRESENT

ALLOCATION DIE AIE TOTAL ALLOCATION DIE AIE TOTAL
R REQUEST USAGE % USAGE USAGE USAGE USAGE % USAGE USAGE USAGE CONTRACTOR [AF]AG N/A 0.0 N/A N/A N/A 0.0 0.0 0.00 N/A N/A 0 0 0.00 AG 177.84OCSD 187.5 0.0 0.0 0.0 0% 0.0 0.0 0.00 94.6 50% 0 0 94.63 OCSD 55.32GB N/A 0.0 N/A N/A N/A 0.0 0.0 0.00 N/A N/A 0 0 0.00 GB 64.84PB 1070.0 0.0 120.0 120.0 11% 0.0 0.0 120.00 827.5 77% 0 0 827.45 PB 132.21CSA 12 96.0 0.0 8.5 8.50 9% 0.0 0.0 8.50 75.4 79% 0 0 75.44 CSA 12 15.27SM 90.0 0.0 7.0 10.57 12% 0.0 0.0 10.57 58.8 65% 0 0 58.80 SM 10.57TOTAL 1443.5 0.0 135.5 139.07 10% 0.0 0.0 139.07 1056.3 73% 0 0 1056.32 TOTAL 456.05

DAM & OTHER OPERATIONS GLOSSARY NOTES
THIS MONTH WY TO DATE MAX CAPACITY AIE: Agency Initiated Exchange 1) New Contract Changes effective October 1, 2022 LAKE ELEVATION (ft) 519.96 N/A 522.6 DIE: District Initiated Exchange 2) On 12/31/22 there was an estimated 655.5 AF of District SSWPW remaining including approximately 46 AF of water lost to evaporation in 2022.STORAGE [AF] 46998 N/A 49200 96% N/A: Not Applicable 3) In March 2023, 5489 AF of water spilled resulting in loosing all of the District SSWPW, Agency SSWPW, and Stored PW.MONTHLY RAINFALL [in] 0.10 0.10 N/A PW: Project Water aka Lopez Water 4) 44.53 AF of March Project Water Deliveries will be credited to Stored PW at the end of the 2022//2023 water year (WY) due to March spill event.(Annual: July 1- June 30) 0.0 Surplus Water: Carry Over Water (LRRP) 5) End of WY water credit of 44.53 AF was added to Stored PW. 44.53 AF of Stored PW was lost due to April spill event.DOWNSTREAM RELEASES [AF] 321.01 1970.3 4200.0 SWP: State Water Project 6) 364.03 AF of April Project Water Deliveries are reported in the "Deliveries during spill" column due to April spill event.

LAKE TO TERMINAL [AF] 400.5 2608.6 N/A SSWPW: Stored SWP Water 7) 426.5 AF of May Project Water Deliveries are reported in the "Deliveries during spill" column due to May spill event.SPILLAGE [AF] (WY) 0.00 8968.1 N/A * Stored PW includes Surplus water declared 8) 170.38 AF of June Project Water Deliveries are reported in the "Deliveries during spill" column due to June spill event.

AG WHEELING OCEANO WATER 1.82 ** Actual amount available is dependent on the State's (DWR) delivery % *** Stored SWP water resulting from AIE
San Luis Obispo County Flood Control and Water District Zone 3 - Lopez Project - Monthly Operations Report
October, 2023

AVAILABLE WATER (APR-MAR) DELIVERIES

ENTITLE
MENT
STORED
PW*

SURPLUS
WATER

AVAILABLE
TOTAL

AVAILABLE PW

THIS MONTH APRIL TO PRESENT

ENTITLEMENT STORED PW SURPLUS PW TOTAL SURPLUS PW TOTAL USAGE TOTAL

MONTHLY

DELIVERIES
ANNUAL
REQUEST**

CUMULATIVE
SSWPW
***

ENTITLEMENT STORED PW
Attachment 1

0.43 0.34

2.03 1.91

1.31 12.71

4.39 11.56

0.39 0.39 0.10

3.12 2.98 2.84
43 0.98
4 8

0.36 0.07 0.35

0.67 1
7 1.84
3 1
4 2.24

2.76 2.98

3.01 0.98

0.39 0
8 0.41 0.35 0.10 0.67

1.84 2.24

2.76 2.98

3.01 0.98

0.41 0.35

0.67 1.84

0.005.0010.0015.0020.0025.00
0 100002000030000400005000060000
1/1/2022
2/1/2022
3/1/2022
4/1/2022
5/1/2022
6/1/2022
7/1/2022
8/1/2022
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11/1/2022
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1/1/2023
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3/1/2023
4/1/2023
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8/1/2024
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0 12/1/2024
Storage (AF)
Date

LOPEZ RESERVOIR STORAGE PROJECTION
Actual Precipitation Predicted Precipitation Storage Projection (SP) Reservoir Level (Actual)Available Water (Storage Rights) SP (No Rain) 20,000 AF Attachment 2

162
180
95 105
0 20406080
100120140160180200
Oct‐22 Oct‐23
Monthly Water Use Comparison
Acre Feet Usage (gpcd)
Attachment 3

P:\Portland\672-Northern Cities Management Area\_Grapher Figures\Quarterly Rpt Figs Fig 6 NCMA_Q4_Deep_Well_Index_v2 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 2025 -5
0 5
10 15
20 Water Elevation, feet NAVD88
Deep Well Index Level
(Wells 24B03, 30F03 and 30N02)
Deep Well Index (Approximate)
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 9.f.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Shannon Sweeney, Interim Public Works Director/City Engineer Natalie Riddering, Planning and Engineering Permit Technician SUBJECT: Consideration of the Summary Vacation of a Public Utility Easement and Acceptance of a Grant of a Sanitary Sewer Easement and Located at 605 Eman Court
DATE: November 28, 2023
SUMMARY OF ACTION:

Approval of the summary vacation of an unneeded or “excess” public utility easement (PUE) and acceptance of the grant of a sanitary sewer easement at 605 Eman Court, pursuant to the summary vacation procedures set forth in California Streets and Highways Code Section 8330 et seq. Staff have received non-objection letters from those holding public utility/easement interests in the subject property, pursuant to Streets and Highways Code Section 8334.5.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial impact in accepting a new sanitary sewer easement and summarily vacating the PUE.

RECOMMENDATION:

Adopt a Resolution summarily vacating the public utility easement and accepting the grant of a sanitary sewer easement at 605 Eman Court pursuant to Streets and Highways Code Section 8330 et seq. and making a finding that the action is not a project under CEQA or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (“common sense exemption”).

BACKGROUND:

Residential Tract Map 100 was recorded on August 16, 2004. In the tract map, a ten-foot wide (10’) PUE was created at the rear and eastern perimeter of Lot 7, Parcel B (Exhibit B). The City no longer has any need for this PUE and wishes to vacate it in accordance with legal procedures set out in the Streets and Highways Code, and to acquire through

Item 9.f.

City Council
Consideration of the Summary Vacation of a Public Utility Easement and Acceptance of a Grant of a Sanitary Sewer Easement and Located at 605 Eman Court
November 28, 2023

this action a sanitary sewer easement in the manner described and depicted in Exhibits A-1 and B.

ANALYSIS OF ISSUES:

On February 21, 2023, the property owner at 605 Eman Court requested that the PUE be modified and that the ten-foot easement, located at the rear and eastern perimeter of 605 Eman Court, be vacated to allow the construction of a home expansion.

During the City’s review of the request, it was determined the sanitary sewer line is located outside of PUE and the easement is no longer needed for the City’s purposes. California Streets and Highways Code Section 8333 et seq. authorizes the city to summarily vacate an excess public utility easement if is not required.

Specifically, Section 8333 provides that the City Council may summarily vacate a public service easement in any of the below situations:
a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

In this case, the City is summarily vacating the PUE which has been determined to be excess by the easement holders, there are no other public facilities located within the easement area, the requirements of the Streets and Highways code are satisfied, and therefore the City may vacate the PUE.

Non-objection letters to the proposed easement vacation were received from all utilities, including, including AT&T, Charter Communications, PG&E, and Southern California Gas Company (Attachment 8). A legal description and plat of the existing property and PUE to be vacated has been provided (Exhibit A-2, Exhibit C and Exhibit B).

To rectify the City’s sanitary sewer line being physically located outside of an easement and ensure that the sanitary sewer line be accessible for maintenance and or emergencies, the City is accepting the grant of a sanitary sewer easement to record a new sanitary sewer line easement. A plat and legal description of the proposed sanitary sewer easement are included (Exhibit A1 and Exhibit B)

Item 9.f.

City Council
Consideration of the Summary Vacation of a Public Utility Easement and Acceptance of a Grant of a Sanitary Sewer Easement and Located at 605 Eman Court
November 28, 2023

ALTERNATIVES:

1. Adopt a Resolution summarily vacating a public utility easement at 605 Eman Court pursuant to Streets and Highways Code Section 8330 et seq. and accept the grant of a sanitary sewer easement; or

2. Do not adopt the Resolution to vacate the public utility easement and accept the grant of sanitary sewer easement; or

3. Provide other direction to staff.

ADVANTAGES:

By vacating the excess PUE and accepting the grant of a new sanitary sewer easement, the City will gain access rights to the sanitary sewer line on this parcel and the owner of the parcel will be able to utilize this portion of the property to construct an expansion of their home.

DISADVANTAGES:

None identified.

ENVIRONMENTAL REVIEW:

The proposed summary vacation of the PUE and acceptance of a sanitary sewer easement 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.) Alternatively, the acceptance of a sanitary sewer easement and summary vacation of the PUE is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) 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. Proposed Resolution Exhibit A-1 (Legal Description for Sanitary Sewer Easement)

3. Proposed Resolution Exhibit A-2 (Legal Description for 605 Eman Court)

4. Proposed Resolution Exhibit B (Depiction of PUE and Proposed Sewer Easement)

5. Proposed Resolution Exhibit C (Legal Description for Public Utility Easement)

6. Proposed Resolution Exhibit D (Grant of Sanitary Sewer Easement)

7. Proposed Resolution Exhibit E (Certificate of Acceptance for Sanitary Sewer Easement)

8. Non-Objection Letters

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE

ORDERING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT, ACCEPTING A GRANT OF A SANITARY SEWER EASEMENT AT 605 EMAN

COURT, AND MAKING A CEQA DETERMINATION REGARDING THE SAME WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements Vacation Law, commencing with Streets and Highways Code Section 8330, provides for summary vacation of streets and public service easements; and WHEREAS, the subject public utility easement (the “PUE”) to be vacated is a ten foot wide (10’) easement at the rear and eastern perimeter of Lot 7, Parcel B, Tract Map 100 described in Exhibit “A-2”, a copy of which is attached hereto and incorporated herein by this reference.

WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement when it has been determined to be excess by the easement holder, and there are no other public facilities within the easement; and
WHEREAS, all utilities with interests in the PUE area have approved the summary vacation of the PUE; and
WHEREAS, the PUE is not needed for public utility purposes and there are no utilities or public improvements located within the portion to be vacated; and WHEREAS, the owners of the real property located at 605 Eman Court, Arroyo Grande, CA desire to grant to the City a sanitary sewer easement in connection with the development of their property; and
WHEREAS, the City desires to accept the sanitary sewer easement for sewer line installation and maintenance purposes, as described and depicted in Exhibit “A-1” and “B”, which is attached hereto and incorporated herein by this reference; and
NOW, THEREFORE, the City Council of the City of Arroyo Grande does hereby resolve as follows:

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

2. Vacation of Easement. This Resolution is adopted pursuant to the summary vacation procedures set forth in California Streets and Highways Code section 8330 et seq., as the portion of the PUE to be vacated is excess, not required for public utility purposes, and there are no public facilities located within

RESOLUTION NO.

PAGE 2
the PUE area. The PUE area to be vacated is described and depicted in Exhibits “C”, and “B”, copies of which are attached hereto and incorporated herein by this reference.

4. Acceptance of Easement. The City Council of the City of Arroyo Grande hereby accepts the grant of a sanitary sewer easement legally described in the Grant of a Sanitary Sewer Easement for the property described and depicted in Exhibits “A-1” and “B”, a copy of which is attached hereto and incorporated herein by this reference, and authorizes execution of said Grant of a Sanitary Sewer Easement, a copy of which is attached hereto in Exhibit “D” and incorporated herein by this reference.

5. Certificate of Acceptance. The Certificate of Acceptance attached in Exhibit “E” is hereby approved and this Resolution serves as the Resolution of Acceptance as required by Government Code Section 27281. The City Manager is hereby authorized and directed to execute the Certificate of Acceptance on behalf of the City.

6. Certification and Recordation. The City Clerk shall certify to the adoption of this Resolution and cause the Grant of a Sanitary Sewer Easement, along with the Certificate of Acceptance, to be recorded in San Luis Obispo County’s Office of the Clerk-Recorder.

7. Environmental Review. The City Council hereby determines that the summary vacation of the PUE and acceptance of a sanitary sewer easement 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.) Alternatively, the acceptance of a sanitary sewer easement and summary vacation of the PUE is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)

8. Effective Date. This Resolution shall take effect upon adoption.

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 28th day of November 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

EXHIBIT A -1
Legal Desaiption

SANITARY SEWER EASEMENT
A portion of Lot 7 in Block 2 of Tract 100 in the Qty of Arroyo Grande, County of San Luis Obispo, State of (allfomia clCOOrding to Map Book 6, Page 37 records of said County and a portion of lot 107 of Parts of the Randios Corral De Piedra, Pismo and Bolsa De O,emiSal, in the City of Arroyo Grande, County of San Luis Obispo, State of California according to map recorded in Book A of Maps at page 65 records of said Count, being also a portion of the property described as Parcel 6 in Certificate of Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Official Records of said County, said portion described as follows:

A strip of land of the uniform width of 10.00 feet lying 5.00 feet on each side of the following described centerline:

Commencing at the Northerly comer common to Lot 6 in said Block 2 of Tract 100 and said Parcel 8 in Certificate of Compliance recorded August 16, 2004 as Instrument No. 2004-072748; thence Southerly along the line between said lots, 1) South o• 13' 00" East a distance of 90.92 feet to the True Point of Beginning; thence leaving said line,
2) South 42• 35' 40" East 106.65 feet to the South line of aforementioned Parcel B and the Point of Terminus which bears North 89° 47' East, 71.88 feet from the Southwest corner of said Parcel B;
The sidelines of the above-described parcel Shall be lengthened and/or shortened to intersect adjacetlt course sidelines and property boundaries.

The above-described parcel is graphically shown on Exhibit B attached hereto and made a part hereof. 4 ,,z:, {'7,VV /
N:\2023\23--066 60S U'l'IO(l QlUl't • Am:t'fO C,¥\de\t.1?9.il �ionG\23..oGG U'l'i(l,l Cl AC S(.•Wcr t:.mt.OX 3/16/2023 12:34 Pll'I
�-
ATTACHMENT 2

.
• ' • t
Exhibit A-2
Parcel B:

Lot 7 in Block 2 of Tract No. 100 and that portion of Lot 107 of parts of the Ranchos Corral de Piedra, Pismo and Balsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the maps filed in Book 6 of Maps Page 37 and Book A of Maps

Beginning at the point of intersection of the northerly line of said Lot 107 of James T. Stratton's Map of parts of the Ranchos Corral de Piedra, Pismo and Balsa de Chemisal, according to the map filed for record in Book A, Page 65 of Maps, in the office of the County Recorder of said County, with the easterly line of Alpine Street extension, as conveyed to the City of Arroyo Grande, by deed dated September 13, 1946 and recorded October 4, 1946 in Book 424, Page 221 of Official Records, at a found 2 inch Brass Cap with tag marked RE 4388; thence North 89° 47'00"
East, along the northerly line of said Lot 107, a distance of 466.08 feet to the westerly line of said Lot 7 and the True Point of Beginning; thence South 00° 13'00" East, a distance of 62.50 feet to the
southerly line of the land described in the grant deed to Wade Hoon and Carol Maria Hoon as recorded in Doc. # 2003-035370 of Official Records of said County; thence North 89° 47'00" East,
along said southerly line, to the easterly line of the property conveyed to Jackson W. Ruhl and wife, by deed dated June 14, 1938 and recorded October 3, 1939 in Book 266, Page 131 of Official Records of said County; thence North 30
°
04'00" West along said easterly line to said northerly
line of Lot 107, said point also being the southeast comer of said Lot 7 in Block 2 of Tract No. 100; thence North 06°
06'02" East, along the easterly line of said Lot 7, a distance of 54.11 feet; thence North 56
°
11'00" West, along the northeasterly line of said Lot 7, a distance of 155.81 feet to the northerly line of said Lot 7; thence South 89°
47'00" West, along said northerly line, a distance of
154.06 feet to the westerly line of said Lot 7 and the beginning of a non-tangent curve concave to the northwest and having a radius of 40.00 feet and a central angle of 57° 37'36"; thence along said
westerly line and along said curve, a distance of 40.23 feet; thence leaving said curve South 00°
13'00" East, along said westerly line of Lot 7, a distance of 107.20 feet to the True Point of Beginning.

Containing 1.29 Ac, more or less.

ATTACHMENT 3

EMAN CT D
ATTACHMENT 4

N:\2023\23-066 605 Eman Court - Arroyo Grande\Legal Descriptions\23-066 Eman Ct AG PUE vacation.doc 9/5/2023 11:49 AM

EXHIBIT C
____________
Legal Description
Area of P.U.E. to be Vacated
A portion of Lot 7 in Block 2 of Tract 100 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to Map Book 6, Page 37 records of said County and a portion of lot 107 of Parts of the Ranchos Corral De Piedra, Pismo and Bolsa De Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California according to map recorded in Book A of Maps at page 65 records of said Count, being also a portion of the property described as Parcel B in Certificate of Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Official Records of said County, said portion described as follows:

The Southerly 10.00 feet of said Lot 7 being a strip of land of the uniform width of

10.00 feet depicted on said map of Tract 100 as “10’ DRAINAGE & PUB. UTILITY EASE.” The above-described parcel is graphically shown on Exhibit B attached hereto and made a part hereof.
* * *
ATTACHMENT 5

ATTACHMENT 6
Exhibit D

ATTACHMENT 6

ATTACHMENT 6

ATTACHMENT 6

ATTACHMENT 6

ATTACHMENT 6

ATTACHMENT 6

ATTACHMENT 7

EXHIBIT E

CERTIFICATE OF ACCEPTANCE
Pursuant to Section 27281 of the
California Government Code
This is to certify that the interest in that certain real property referred to as 605 Eman Court in the City of Arroyo Grande, conveyed by the deed or grant dated _______, 2023 from ____________, an individual, to the City of Arroyo Grande, a California municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Arroyo Grande, pursuant to authority conferred by Resolution No. ______, adopted by the City Council of the City of Arroyo Grande on November ___ , 2023, and the City of Arroyo Grande consents to recordation thereof by its duly authorized officer.

Date: CITY OF ARROYO GRANDE
By: ______________________________
Its: ______________________________

AT&T Right of Way – Joseph DeGuzman
870 N. McCarthy Blvd
Milpitas, Ca. 95035
July 17, 2023
Kevin Buchanan
605 Eman Ct.

Arroyo Grande, Ca. 93420
Re: Vacate PUE – 605 Eman Ct., Arroyo Grande
Dear Mr. Buchanan:

This is in response to your email dated July 5, 2023, regarding the proposed vacation of the Public Utility Easement (PUE) located at the rear of 605 Eman Ct., Arroyo Grande, County of San Luis Obispo (APN:
006-581-059).

Verified by our Design Engineer, Neil Zakaria, AT&T has no utility facilities within the proposed vacated area of (PUE). Therefore, we do not object to the vacation.

Upon approval of the vacation by the City Council, please send a copy of the Resolution of Vacation to:

AT&T – Construction & Engineering
870 N. McCarthy Blvd.

Milpitas, Ca. 95035
Attn: Leslie Scarlet
If you have any questions or concerns regarding this matter, please email me at jd5368@att.

Respectfully,
Joseph DeGuzman
Joseph DeGuzman
Manager – AT&T Right of Way/Public Works Central Coast
Monterey/San Benito/San Luis Obispo/Santa Cruz Counties Attached: Tract Map 605 Eman Ct. Arroyo Grande, 605 Eman Ct. Arroyo Grande Aerial View ATTACHMENT 8

June 2, 2023
Attn: Kevin Buchanan
Subject: Abandoning Public Utility Easement on Lot 7 Block 2 of Tract Map NO. 100 - BK 6/PGS 37 – APN:006-581-059
Thank you for the opportunity to review your plans at 605 Eman Ct, Arroyo Grande. We find no apparent interference with your project and currently plan no new installations within the limits of the location.

SoCalGas has no need for Public Utility Easement within Lot 7 of Tract Map No. 100 and abandons its rights. We request that you protect in place all existing gas facilities and allow access for the maintenance of our facilities.

SoCalGas has no objection provided the following conditions over our facilities are met:

1. No change of grade without prior written approval of The Gas Company.

2. Should The Gas Company have to remove any temporary/permanent structures, the demolition would be at the property owners’ expense.

3. No planting of trees or deep-rooted plants.

4. No poles, signs or fence posts to be installed without the written approval of The Gas Company.

5. Ingress and egress rights to and from the facilities must be maintained.

We require new facilities that cross our pipelines maintain a minimum one (1) foot of vertical separation and new facilities installed parallel to our pipelines maintain a minimum two (2) feet of horizontal separation. Existing twelve (12) inch and larger gas lines require additional horizontal separation.

In the event you revise your plans or increase the limits of the project, please provide us with the information as soon as it becomes available. Please note that any alteration of our facilities is 100% collectible from the respective agency.

You will also have to contact our Transmission Department regarding the above-mentioned request. CPUC Regulations require notification of both SoCalGas Distribution and Transmission of all work being conducted.

Please contact SoCalGas Transmission at 9400 Oakdale Ave Chatsworth, Ca 91311-6511 or email at [email protected].

It is our intention to allow your contractor to remove any abandoned facilities that may be encountered during the course of construction. Upon request, at least two (2) working days prior to the start of construction, we will locate and mark our active underground facilities for the contractor at no cost. Please call Underground Service Alert (USA) at (800) 422-4133.

If you have immediate questions or require additional information, please email us at [email protected]
Sincerely,
Antoine Gautier
Antoine Gautier
Planning Associate- Right of Way
Northwest Region – Chatsworth
HQ 9400 Oakdale Ave,
Chatsworth CA 91311

Pacific Gas and Electric Company
Kevin Wun
Land Management
San Jose, CA 95113
Public
April 6, 2023
Kevin Buchanan
605 Eman Ct.

Arroyo Grande, CA 93420
Re: Land Request Form - 605 Eman, Arroyo Grande
605 Eman Ct Arroyo Grande, CA 93420
Dear Kevin Buchanan,
Thank you for giving us the opportunity to review the proposed public utility easement (“PUE”) vacation. This is in response to your letter dated March 15, 2023, informing PG&E of the proposed PUE vacation of 605 Eman Ct. as shown on the attached drawing and below, located in the City of Arroyo Grande, County of San Luis Obispo.

An investigation indicates that PG&E currently has no utility facilities within the proposed PUE vacation area. Therefore, PG&E has no request or objections to the proposed PUE vacation.

Please note this is our preliminary review and PG&E reserves the right for additional future review as needed. This letter shall not in any way alter, modify, or terminate any provision of any existing easement rights. If there are subsequent modifications made to your design, we ask that you resubmit the plans to the email address listed below.

If you have any questions regarding our response, please contact me at [email protected].

Sincerely,
Kevin Wun
Land Management
Attached: 605-eman-pue, PXL_20220623_025512496.jpg-1

Kevin Buchanan <[email protected]>
RE: [EXTERNAL] Public Utility Easement Contact
5 messages
Lindsay, Timothy E <[email protected]> Mon, May 15, 2023 at 7:27 AM To: "Moore, Jason D" <[email protected]>
Cc: "Roden, Trentyn" <[email protected]>
Hello Kevin,
We can assist you with your request
Thank you
Tim Lindsay | Sr. Manager, Construction
Sierra Nevada Management Area
Desk: 805-783-4940
270 Bridge Street | San Luis Obispo, Ca 93401
From: Kevin Buchanan
< >
Date: May 13, 2023 at 8:33:53 AM PDT
To: "Picciolo, Bret M"
<[email protected]>, "Johnson, Dennis
N" <[email protected]>
Subject: [EXTERNAL] Public Utility
Easement Contact
CAUTION: The e-mail below is from an
external source. Please exercise caution
before opening attachments, clicking links, or
following guidance.

Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a... 1 of 4 5/19/23, 8:49 AM

Hello.

I am looking for someone to contact regarding a
public utility easement on our property. I am
currently working with the city to adjust this
easement. Other utility companies in the area
have an accessible email address that I've been
able to use to get in contact with the company
about this. Charter/Spectrum has no such email
address, and nobody I reached through the
spectrum support page has been able to point
me in the right direction, or even knows what I'm
talking about. Can you please provide some
contact information for whatever address or
department handles public utility easement
related questions?
Thank you.

Kevin Buchanan
The contents of this e-mail message and
any attachments are intended solely for the
addressee(s) and may contain confidential
and/or legally privileged information. If you
are not the intended recipient of this message
or if this message has been addressed to you
in error, please immediately alert the sender
by reply e-mail and then delete this message
and any attachments. If you are not the
intended recipient, you are notified that
any use, dissemination, distribution, copying,
or storage of this message or any attachment
is strictly prohibited.

Moore, Jason D <[email protected]> Mon, May 15, 2023 at 7:30 AM To: "Lindsay, Timothy E" <[email protected]>, Cc: "Roden, Trentyn" <[email protected]>
Kevin,
Please email over any information that you have and my team will be happy to review this.

Thank you,
Jason Moore
Manager - Construction, Sierra Nevada MA
C:805-748-8725 | O:805-783-4962
Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a... 2 of 4 5/19/23, 8:49 AM

[Quoted text hidden]
[Quoted text hidden]
Kevin Buchanan Mon, May 15, 2023 at 8:55 AM
To: "Moore, Jason D" <[email protected]>
Cc: "Lindsay, Timothy E" <[email protected]>, "Roden, Trentyn" <[email protected]> Hi Jason. Thanks for your help.

I am currently working with the city of Arroyo Grande to remove the public utility easement that was accepted by the city on our lot in 1959. There is no equipment on this easement, and it now runs through the middle of the lot since adjoining to the neighboring lot. The city would like a letter from utilities operating in the area stating that they have no intention of using the easement (if that's the case). Would Charter/Spectrum be able to provide such a letter? I've attached the letter that I've received from PG&E, as an example.

Thanks.

Kevin Buchanan
605 Eman Ct, Arroyo Grande, CA
[Quoted text hidden]
3 attachments
tract_100_pue_1.pdf
2473K
tract_100_pue_2.pdf
1818K
605 Eman Ct, Arroyo Grande-pge.pdf
377K
Kevin Buchanan < Fri, May 19, 2023 at 8:26 AM
To: "Moore, Jason D" <[email protected]>
Cc: "Lindsay, Timothy E" <[email protected]>, "Roden, Trentyn" <[email protected]> Hi everyone. Just wanted to check in on this request. Thanks for any update you can provide. [Quoted text hidden]
Moore, Jason D <[email protected]> Fri, May 19, 2023 at 8:42 AM To: Kevin Buchanan
Cc: "Lindsay, Timothy E" <[email protected]>, "Roden, Trentyn" <[email protected]> Kevin,
Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a... 3 of 4 5/19/23, 8:49 AM

This has been reviewed this request and have found that we do not have facilities within this current easement as we are aerial in the front of the property. We have no intention of occupying this easement and approve the vacation as requested.

Thank you,
Jason Moore
Manager - Construction, Sierra Nevada MA
C:805-748-8725 | O:805-783-4962
[Quoted text hidden]
[Quoted text hidden]
Gmail - RE: [EXTERNAL] Public Utility Easement Contact https://mail.google.com/mail/u/0/?ik=b0e1285735&view=pt&search=a... 4 of 4 5/19/23, 8:49 AM

Item 9.g.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act
DATE: November 28, 2023
SUMMARY OF ACTION:

Adopting the Ordinance will amend the regulation applicable to the installation and maintenance of irrigated turf.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No financial impact is projected.

RECOMMENDATION:
1) Adopt the Ordinance amending Section 16.84 of the Arroyo Grande Municipal Code; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(2), (3), 15378, and in the alternative, State CEQA Guidelines Section 15061(b)(3) .

BACKGROUND:

The City currently relies on the State’s Model Water Efficient Landscape Ordinance (MWELO) to regulate water used for outdoor irrigation. In 2016, Section 16.84 of the Arroyo Grande Municipal Code (AGMC) was updated to adopt the State’s MWELO, by reference. The MWELO furthers water conservation efforts by promoting the use of drought tolerant landscaping over water intensive species and provisions for efficient use of water for the purposes of landscaping.

The ordinance amendments propose to restrict the installation and maintenance of irrigated turf to bolster local water conservation efforts. Specifically, irrigated turf would be prohibited on all new non-residential and mixed-use projects. The ordinance also requires removal of all existing irrigated turf when 50% or more of the floor area of a

Item 9.g.

City Council
Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act November 28, 2023

property consisting of all non-residential uses is remodeled. For new residential development, the ordinance prohibits front yard irrigated turf installations and limits backyard turf installations to the lesser of 25% of the backyard area or 500 square feet.

These limitations would not affect sports fields or irrigated turf at parks regularly uses for human recreational purposes or for civic or community events.

The Planning Commission reviewed the draft Ordinance at its meeting on October 17, 2023. The Commission was supportive of the Ordinance as proposed and recommended that Council adopt the Ordinance as drafted. At the introduction and public hearing on November 14, 2023, in response to prior Council direction and reiterated during the public hearing, there have been minor modifications to the Ordinance that require new turf requirements as part of substantial residential remodels, as specified in the ordinance, when 50% or more of the floor area is remodeled. These substantial residential remodels will require the removal of existing front yard turf and the reduction of backyard turf to the lesser of 500 square feet or 25% of the backyard area, with some allowances for front yard turf when backyard turf is evaluated by Community Development to be infeasible.

ANALYSIS OF ISSUES:

The Ordinance amendments are now ready for adoption. The Ordinance amendments will become effective thirty (30) days after adoption.

ALTERNATIVES:

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

1. Adopt the Ordinance, with amendments, as proposed; or

2. Modify the Ordinance amendments and direct staff to return at a future public hearing to introduce the modified amendments; or

3. Provide other direction to staff.

ADVANTAGES:

Ordinance amendments that further restrict or prohibit the use of irrigated turf will bolster the City’s effort to conserve water.

DISADVANTAGES:

Residents will need to convert to alternate forms of landscaping, which some residents may prefer less than turf.

ENVIRONMENTAL REVIEW:

The Ordinance is exempt from the California Environmental Quality Act ("CEQA") because the Ordinance does not qualify as a “project” under CEQA and will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in

Item 9.g.

City Council
Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act November 28, 2023

either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the Ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. In the alternative, the Ordinance is exempt under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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 Ordinance

ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE

ARROYO GRANDE MUNICIPAL CODE REGARDING

RESTRICTIONS ON IRRIGATED TURF AND FINDING THE

ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, in 2006, the State Legislature adopted the "Water Conservation in Landscaping Act" (Assembly Bill 1881), requiring the Department of Water Resources (DWR) to update the State Model Water Efficient Landscape Ordinance (MWELO) to reduce water consumption and waste in landscape irrigation; and WHEREAS, on June 14, 2011, the City adopted a Water Efficient Landscape Ordinance deemed to be as effective as the State MWELO Ordinance; and WHEREAS, the MWELO Ordinance was incorporated into the Arroyo Grande Municipal Code (AGMC) as Chapter 16.84; and
WHEREAS, in 2016, AGMC Chapter 16.84 was updated to incorporate the changes to the State’s MWELO, by reference; and
WHEREAS, this ordinance amends Chapter 16.84, by adding restrictions on the installation and maintenance on irrigated turf to further the City’s water conservation efforts; and
WHEREAS, on October 17, 2023, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the ordinance. Following the public hearing, the Planning Commission voted to forward the ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 14, 2023, the City Council introduced the ordinance and conducted a duly noticed public hearing to consider the ordinance and its changes to Chapter 16.84 of Title 16 of the Arroyo Grande Municipal Code, including: (1) the public testimony and agenda reports prepared in connection with the ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.

ORDINANCE NO.

PAGE 2
-2-

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Environmental. The City Council finds that this ordinance is exempt from the California Environmental Quality Act ("CEQA") because the ordinance does not qualify as a “project” under CEQA and because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment.

Here, the ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. The ordinance therefore does not qualify as a project subject to CEQA.

In the alternative, even if the Ordinance did qualify as a “project” under CEQA, it would be exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Thus, even if the ordinance could result in some physical change in the environment, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

Finally, the Ordinance is adopted with the intent to protect natural resources and the environment, specifically the City’s water resources. This Ordinance will regulate and restrict the installation of irrigated turf for nonresidential, residential, and mixed uses.

Accordingly, this Ordinance is categorically exempt under either State CEQA Guidelines section 15307 or 15308.

SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the AGMC, the City Council hereby makes the following findings:

1. General Plan. The ordinance’s amendments to the AGMC are consistent with the general plan and necessary and desirable to implement the provisions thereof.

Specifically, conservation and open space element objective C/OS6 encourage water conservation to support urban development potential. This ordinance effectuates and implements objective C/OS6 by limiting irrigated turf which has very high water needs to be maintained in good condition. For this reason, the ordinance’s amendments to the AGMC are consistent with the general plan and necessary and desirable to implement the provisions thereof.

2. Effect on Public. The ordinance’s amendments to the AGMC will not adversely affect the public health safety, and welfare or result in an illogical land use

ORDINANCE NO.

PAGE 3
-3-
pattern because these updates to the development code will help ensure an adequate supply of water for Arroyo Grande residents.

3. Purpose and Intent. The revision to this title is consistent with the purpose and intent of the title since it implements the objectives of the General Plan, protects the vitality and orderly development of the Arroyo Grande community by limiting intensive water uses, and ensures an orderly planning with respect to the community’s water resources.

4. Environmental Impacts. The proposed amendments will promote positive environmental impacts through water conservation. Irrigated turf is associated with higher levels of water use and these code amendments will restrict or prohibit the use of such turf.

SECTION 4. Code Amendment. The City Council hereby approves the addition of the following Section 16.84.020 in full, amending Arroyo Grande Municipal Code Chapter 16.84, Water Efficient Landscape Requirements as follows:

16.84.020 Irrigated Turf Prohibition
A. Nonresidential and Mixed Uses

1. New nonresidential and mixed-use projects shall be prohibited from installing and maintaining irrigated turf on the property.

2. Proposed remodels or additions constituting fifty percent (50%) or more of the floor area of a property consisting of nonresidential or mixed-uses at the time when a building permit is issued for the remodel shall be required to remove all existing irrigated turf and replace that area with either water wise landscape species or an alternative with a watering requirement that is less than or equal to the water needs of the area landscaped with water wise landscaping.

Calculating the area of a remodel shall be done in accordance with the California Building Code.

B. Residential Uses

1. New projects consisting of solely residential uses shall be prohibited from installing and maintaining irrigated turf in the front yard of the property. For purposes of this section, the front yard is defined as the portion of the lot between the structure and the front property line.

2. Turf installations in the rear yard of residential properties is limited to either, whichever is less:
a. 500 square feet, or
b. Twenty-five percent (25%) of the total rear yard area. c. For purposes of this section, the rear yard is defined as the portion of the lot between the structure and the rear property line.

3. Proposed remodels or additions constituting fifty percent (50%) or more of the floor area of a property consisting of solely residential uses at the time when a

ORDINANCE NO.

PAGE 4
-4-
building permit is issued for the residential remodel shall meet the following requirements:
a. . Removal of all turf in the front yard and a reduction of the amount of turf in the rear yard to 25% of the total yard area. The areas in which turf is required to be removed shall be replaced with either water wise landscape species or an alternative with a watering requirement that is less than or equal to the water needs of the area landscaped with water wise landscaping. Calculating the area of a remodel shall be done in accordance with the California Building Code.
b. Where installation of turf in the rear yard is infeasible due to lack of available area, solar access, or the presence of existing structures, as determined by the Director of Community Development, irrigated turf may be alternatively installed and maintained in the front yard at no more than twenty-five percent (25%) of the total yard area.

SECTION 6. Publication. A summary of this ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed ordinance shall be posted in the office of the City Clerk. Within 15 days after adoption of the ordinance, the summary with the names of those City Council members voting for and against the ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted ordinance.

SECTION 7. Effective Date. This ordinance shall become effective 30 days after adoption.

SECTION 8. Severability. Should any provision of this ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this ordinance or the application of this ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable.

The City Council declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid.

SECTION 9. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA 93420. The City Clerk is the custodian of the record of proceedings.

ORDINANCE NO.

PAGE 5
-5-
On motion by Council Member ______, seconded by Council Member _______, and by the following roll call vote to wit:

AYES:

NOES:

ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2023.

ORDINANCE NO.

PAGE 6
-6-
___________________________________

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

Item 10.a.

Ian

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Consider a Resolution for the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design DATE: November 28, 2023
RECOMMENDATION:

On October 24, 2023, this public hearing item was opened and continued to a date certain of November 28, 2023. Staff requests that this item be considered on January 9, 2024, and will re-notice a public hearing for that date. City staff has worked with applicant to find a mutually satisfactorily date for the hearing and determined January 9, 2024 works with applicant’s availability.

Item 11.a.

MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, City Engineer/Interim Public Works Director SUBJECT: Consideration of an Award of Contract to ADT Commercial, LLC for Construction of the Public Safety Camera System Project, PW 2023-10 and Find the Action Exempt From CEQA
DATE: November 28, 2023
SUMMARY OF ACTION:

Award a construction contract for the Public Safety Camera System Project (Project) to ADT Commercial, LLC (ADT). This project includes the installation of 37 cameras throughout the City and the control system required to monitor the cameras.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The FY 2023-24 Capital Improvement Program (CIP) budget includes $1,125,000 for the Public Safety Camera System Project consisting of the following funds: $244,300 of Community Oriented Policing Services (COPS) funds and $880,700 of American Rescue Plan Act (ARPA) funds.

Five bids were received by the bid opening date and time of October 17, 2023, 2:00 PM.

The low bid of $430,411 with a 20% contingency of $86,082.21, and no design costs, totals $516,493.21, well within the budgeted funds. The 20% contingency is higher than normal contingency due to the unique technical nature of this project and the high potential for additional funding that may be needed to address unforeseen conditions or issues.

With this lower than anticipated project cost the City will use ARPA funds for the entire project cost and bring forward a future Council item to reallocate the remaining funds.

There are costs to maintain the system that will need to be budgeted annually totaling an estimated $73,800. Approximately $46,000 is required each year for operational service, technical support, and basic upkeep of the system, and the remainder is recommended for software upgrades and preventive maintenance.

Staff time will be necessary during construction for project administration and management.

Item 11.a.

City Council
Consideration of an Award of Contract to ADT Commercial, LLC for Construction of the Public Safety Camera System Project, PW 2023-10 and Find the Action Exempt From CEQA
November 28, 2023

RECOMMENDATION:
1) Award a contract for the Public Safety Camera System Project to ADT Commercial, LLC in the amount of $430,411, in substantially final form subject to any minor, technical or non-substantive changes approved by the City Manager in consultation with the City Attorney; 2) Authorize the City Manager to approve change orders of 20% of the contract amount, $86,082.21, for unanticipated costs during the construction phase of the Project; 3) Determine that the Project is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301).

BACKGROUND:

Approximately seven years ago, the Arroyo Grande Police Department (AGPD) initiated a public safety camera system allowing police officers the ability to monitor and retain video footage from twenty-three (23) designated cameras strategically placed throughout the City.

This system has since completely failed at every location leaving the City unmonitored.

In 2022, the AGPD developed a plan to revitalize the camera system by entering into a contract with a vendor who can install and service cameras.

An RFP was issued in June, 2022. Three bids were received prior to the bid opening deadline. The proposals received were difficult to compare because some included monthly maintenance costs and the RFP was not as clear as desired to compare the proposals.

On August 8, 2023, the City Council rejected all bids and authorized the City Clerk to advertise for sealed construction bids.

City staff formed a project team to develop a list of minimum specifications and camera locations for this project. The project team included Commanders Zak Ayala and Dave Culver from the AGPD, Kevin Waddy and Jason Hodges from Information Technology, and Shannon Sweeney from Public Works. Staff focused on placing cameras in areas under City control and not on private property or on poles belonging to other agencies.

Attachment 3 shows the camera locations ultimately selected.

These camera locations and minimum technical specifications formed the basis of a Notice Inviting Bids that was issued on September 27, 2023. The Notice Inviting Bids was published in the local paper, posted on the City’s website, and distributed to plan rooms.

In addition, staff sent an email to twelve potential bidders to inform them of the project.

Item 11.a.

City Council
Consideration of an Award of Contract to ADT Commercial, LLC for Construction of the Public Safety Camera System Project, PW 2023-10 and Find the Action Exempt From CEQA
November 28, 2023

Five bids were received by the bid opening date and time of October 17, 2023, 2:00 PM.

Bids ranged from $430,411 to $945,885.63 (See Bid Opening Log – Attachment 2).

ANALYSIS OF ISSUES:

The lowest responsible bidder for construction of the project was ADT Commercial, LLC with a bid of $430,411. This amount, plus contingency and all other associated anticipated costs are well within the amount budgeted for this project in FY 2023-24.

Project team members reviewed ADT’s bid to verify conformance with the minimum specifications. The project team met with ADT on November 8, 2023, to view a demonstration of software and to ask any remaining clarifying questions. The project team was satisfied with ADT’s responses. Kevin Waddy, the City’s IT Manager, contacted the City of Corona and City of Long Beach, two municipalities that were provided as references. Both cities provided favorable responses to questions regarding both the product being installed and the contractor itself.

Annual costs are standard for this type of project. Costs to maintain the system that will need to be budgeted annually total an estimated $73,800. A breakdown of these costs is provided below:
a. technical support: $46,000 (required, first year included in project cost) b. software licensing: $1,800 (recommended after year 1) c. preventive maintenance: $26,000 (recommended after year 1) ALTERNATIVES:

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

1. 1) Award a contract for the Public Safety Camera System Project to ADT Commercial LLC in the amount of $430,411, in substantially final form subject to any minor, technical or non-substantive changes approved by the City Manager in consultation with the City Attorney; 2) Authorize the City Manager to approve change orders for 20% of the contract amount, $86,082.21, for unanticipated costs during the construction phase of the project (total construction costs = $430,411 + $86,082.21 = $516,493.21); and 3) Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Class 1 Section 15301 Existing Facilities, Class 2 Section 15302 Replacement or Reconstruction, and Class 4 Section 15304 Minor Alterations of Land;

2. Do not approve staff’s recommendations and request further information;

3. Modify staff’s recommendation and approve; or

4. Provide direction to staff.

Item 11.a.

City Council
Consideration of an Award of Contract to ADT Commercial, LLC for Construction of the Public Safety Camera System Project, PW 2023-10 and Find the Action Exempt From CEQA
November 28, 2023

ADVANTAGES:

Installation of the Public Safety Camera System Project is anticipated to provide the following advantages:
a. Provide a mechanism for police staff to gather evidence following criminal activity and traffic accidents;
b. Increase monitoring of City facilities for protection against vandalism, graffiti, and other negative activities;
c. Improve resident, business owner, and visitor sense of safety.

DISADVANTAGES:

Installation of the Public Safety Camera System Project may have the following disadvantages:
a. The process of installing the cameras and control system may create temporary inconveniences to the public in the vicinity of the installation. Staff will work to minimize these inconveniences to the greatest extent practicable; b. Some members of the public may view this project as a surveillance system to spy on the public, rather than its intended purpose, which is to provide the opportunity to follow up on criminal activity and gather evidence;
There are costs to maintain the system that will need to be budgeted annually totaling an estimated $73,800. The first year’s required costs are already incorporated in the base bid. Even when recurring costs are factored in for five years after project installation, ADT is the low bid.

ENVIRONMENTAL REVIEW:

This Project is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 1 exemption, which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing structures, facilities, mechanical equipment, or topographical features where the project involves negligible or no expansion of existing or former use. (State CEQA Guidelines, § 15301).

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 Agreement (specifications and addenda excluded from this attachment for brevity, but will be incorporated following Council approval)

2. Bid Opening Log Sheet

3. Camera locations

ATTACHMENT 1

ARROYO GRANDE

CONSTRUCTION CONTRACT

CITY OF ARROYO GRANDE PUBLIC SAFETY CAMERA SYSTEM PROJECT

1. PARTIES AND DATE.

This contract ("Contract" or "Contract Documents") is made and entered into this 28 day of November, 2023 by and between the Arroyo Grande, a public agency of the State of California ("City") and ADT Commercial, LLC, a corporation with its principal place of business at 210 W.

Baywood Ave., Orange, CA 92865 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.

2. RECITALS.

2.1 Q!y. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing camera system installation and setup related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C7

2.3 Project. City desires to engage Contractor to render such services for the City Of Arroyo Grande Public Safety Camera System Project ("Project") as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract and the Contract Documents includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E") • Payment and Performance Bonds (Exhibit "F")
• Federal Requirements (Exhibit "G")
• Addenda
• Change Orders executed by the City
1 l 7236.00012\34973553.3

• 2021 Edition of the Standard Specifications for Public Works Construction (The Greenback), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor's Bid

3.2 Contractor's Basic Obligation: Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "B" attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this reference.

3.2. 1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances-affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b ), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to 2 17236.00012\34973553.3

substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 90 working days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Six Hundred Dollars ($600) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall 3 17236.00012\34973553.3

at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

3.6 City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3. 7 .1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Four Hundred Thirty Thousand Four Hundred Eleven Dollars ($430,411.00) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3. 7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made .for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; 4 17236.00012\34973553.3

(4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and ( 11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to 5 l 7236.00012\34973553.3

interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. If the Total Contract Price exceeds $25,000, Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. If the Total Contract Price exceeds $25,000, Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 1 0 days in which to comply subsequent to receipt ofwritten notice specifying in what respects such Contractor must comply with this section.

Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standar
<ls or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. If the Total Contract Price exceeds $25,000, then pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' 6 17236.00012\34973553 .3

current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance: Stop Orders. If the Total Contract Price exceeds $25,000, Contractor acknowledges that it is aware that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code§§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site.
7 l 7236.00012\34973553.3

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract. if such delay is caused by or related to Contractor's failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City's attorney's fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing 8 17236.00012\34973 553 .3

in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with.

Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or otherexcavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class Ill disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 9 l 7236.00012\34973553.3

3.8. 7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims: Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, "Claim" means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor's request for a change 10 17236.00012\34973553.3

has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: "THIS IS A CLAIM." Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 3.10.3.3

3.10.3.4 3.10.3.5

3.10.3.6 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format

3.10.3. 7 If Contractor's claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City's Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. 11 l 7236.00012\34973553.3

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City's written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City's written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City's response or within 15 days of City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 12 17236.00012\34973553.3

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.=A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 13 17236.00012\34973553.3

3.10.1 O Non-Waiver. City's failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City's failure to respond shall not waive City's rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
14 17236.00012\34973553.3

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

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance ServicesOffice Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2)Automobile Liability: InsuranceServicesOffice Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by theState of California and Employer's Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California.

Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability. ( 1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its officials, employees, agents and 15 17236.00012\34973553 .3

authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers' Compensation and Employer's Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on fonns 16 17236.00012\34973553.3