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

RESOLUTION NO. 15 -2232
PAGE 4

EXHIBIT A

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 15 -001
CENTRAL COAST SALMON ENHANCEMENT, INC.

ARROYO GRANDE CREEK

STREAM GAUGE FISH PASSAGE IMPROVEMENT PROJECT

COMMUNITY DEVELOPMENT DEPARTMENT

GENERAL CONDITIONS
This approval authorizes modifications to an existing broad - crested concrete weir spanning the width of Arroyo Grande Creek.

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

2. The applicant shall comply with all conditions of approval for Conditional Use Permit No. 15 -001.

3. This application shall automatically expire on August 4, 2017, unless an Encroachment Permit is issued. Thirty ( 30) days prior to the expiration of the approval, the applicant may apply for an extension of one ( 1) year from the original date of expiration.

4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 4, 2015 and marked Exhibit B.

5. To the full extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its agents, officers, and employees from and against any liability including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney' s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, this Conditional Use Permit except liability arising out of the proven sole negligence of the City.

SPECIAL CONDITIONS

6. At least thirty ( 30) days prior to commencement of any earthmoving activities, the applicant shall notify all neighbors located within a 500' radius of the project area.

The notification shall include information about the construction schedule and location of the staging area.

7. Prior to issuance of an Encroachment Permit, submit property owner authorization for staging and construction areas.

Page 196 of 301 ends

RESOLUTION NO. 15 -2232
PAGE 5

8. Construction activities shall be limited to 8: 00 AM — 5: 00 PM Monday through Friday ( no construction on Saturdays or Sundays).

9. Noise control curtains shall be used to attenuate generator noise. Noise levels shall not exceed 45 decibels per Municipal Code Section 9. 16. 040.

10. The applicant shall implement all pertinent Mitigation Measures outlined in the Mitigated Negative Declaration prepared for the 2014 Fisheries Restoration Grant Program ( FRGP) ( on file in the Community Development Department).

11. The applicant shall implement the requirements outlined in the Technical Specifications for Arroyo Grande Fish Passage Improvement Project ( on file in the Community Development Department).

12. The applicant shall implement the requirements outlined in the Clean Water Act Section 401 Water Quality Certification for the California Department of Fish and Wildlife 2014 Fisheries Restoration Grant Program ( File No. S13140031N) ( on file in the Community Development Department).

13. The applicant shall implement the Re- vegetation Plan prepared for the project ( on file in the Community Development Department).

14. The applicant shall submit evidence of obtaining permits from all resource agencies that have regulatory authority over this project.

ENGINEERING DIVISION

15. The applicant shall obtain a City of Arroyo Grande Encroachment Permit.

16. The applicant shall submit a Stormwater Pollution Prevention Plan /Erosion Control Plan prior to any earthmoving activities.

17. The applicant shall restore the site access area to pre- construction condition.

18. The applicant shall coordinate project work with the County Flood Control District.

19. The applicant shall submit a creek bypass plan, including any pumping requirements, pump hours of operation, pump storage, who to call with noise complaints, and the size of the pump.

20. A signature block shall be shown on the plans for City approval and for any other regulating agencies.

21. A tree removal permit is required for any trees to be removed.

Page 197 of 301 ends

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ATTACHMENT 5
RESOLUTION NO. 23-2391

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF ARROYO GRANDE RECOMMENDING THE CITY

COUNCIL ADOPT A RESOLUTION APPROVING
CONDITIONAL USE PERMIT NO. 23-002 TO IMPLEMENT A

STREAM GAUGE FISH PASSAGE IMPROVEMENT

PROJECT ON PROPERTY LOCATED WITHIN ARROYO

GRANDE CREEK IN PROXIMITY TO CLARENCE AVENUE
AND MYRTLE STREET (APN 077-572-031), APPLIED FOR

BY CREEK LANDS CONSERVATION (CLC)
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit No. 23-002, applied for by CLC to modify an existing broad-crested weir spanning the width of Arroyo Grande Creek; and WHEREAS, the funding for the project was received from the National Fish and Wildlife Foundation (NFWF) and the California Department of Fish and Wildlife (CDFW); and
WHEREAS, CLC applied for and received funding through NFWF and CDFW to implement the proposed project which will lower the weir and restore reliable access to

3.3 miles of critical steelhead habitat upstream of the barrier; and WHEREAS, the Planning Commission has reviewed the project in compliance with CEQA and has determined that the project is exempt based upon Sections 15301, 15302, and 15304 of the State CEQA Guidelines; and
WHEREAS, on November 17, 2023, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the proposed ordinance. Following the public hearing, the Planning Commission voted to adopt the Resolution and forwarding a Resolution to the City Council with a recommendation in favor of its adoption; and 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. Recommendation. The Planning Commission hereby recommends that the City Council adopt the proposed Resolution approving Conditional Use Permit 23-002 to implement a fish passage improvement project.

3. CEQA. This Project is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines

Page 204 of 301 ends

RESOLUTION NO.23-2391
CUP 23-002
PAGE 2
-2-
Section 15301 (Existing Facilities). This exemption consists of the operation, repair, maintenance or minor alterations to existing public or private structures involving negligible or no expansion of existing or former use. This includes maintenance of artificial wildlife waterway devices to protect fish and wildlife resources. Here, the Project involves the operation, repair, and minor alteration to the existing stream gauge that involves little to no expansion of the existing use. Further, the stream gauge will continue to be used for its original purpose of improving the critical steelhead trout habitat.

Alternatively, the Project is also exempt from review under CEQA pursuant to State CEQA Guidelines Section 15302 (Replacement or Reconstruction).

This exemption consists of the replacement or reconstruction of existing structures where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The Project will involve the reconstruction of the stream gauge, located on the same site as the existing stream gauge, and will have the same purpose of improving the steelhead trout habitat with the same capacity as the existing structure.

Lastly, the Project is exempt from review under CEQA pursuant to State CEQA Guidelines Section 15304 (Minor Alterations to Land). This exemption consists of minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees.

This includes minor alterations in land and water to fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production. Here, the Project involves reconstruction of the stream gauge that will lead to the improvement of habitat for the steelhead trout.

None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 have any applicability here. The Project will not impact any environmental resource of hazardous or critical concern, will not result in significant cumulative impacts, is not subject to any unusual circumstances that could result in a significant environmental impact, would not damage any scenic resources within a scenic highway, is not located on a hazardous waste site identified on any list compiled pursuant to Government Code section 65962.5, and would not impact an historical resource.

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RESOLUTION NO.23-2391
CUP 23-002
PAGE 3
-3-
Staff is directed to file the corresponding Notice of Exemption within five working days from the approval of this Project.

4. Severability. If any section, division, sentence, clause, phrase or portion of this resolution or the document in the record in support of this resolution is determined by a court of competent jurisdiction to be invalid, unenforceable, unconstitutional or otherwise void, that determination shall not affect the validity of the remaining sections, divisions, sentences, clauses, phrases of this Resolution.

5. Certification. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution.

On motion by Vice Chair Berlin, seconded by Chair Maraviglia, and by the following roll call vote, to wit:

AYES: Berlin, Maraviglia, Buchanan, Roof
NOES: None
ABSENT: Sackrison
The foregoing Resolution was adopted this 7th day of November, 2023.

Page 206 of 301 ends

RESOLUTION NO.23-2391
CUP 23-002
PAGE 4
-4-
_______________________________

JAMIE MARAVIGLIA
CHAIR
ATTEST:
_______________________________

PATRICK HOLUB

SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________

BRIAN PEDROTTI

COMMUNITY DEVELOPMENT DIRECTOR

Page 207 of 301 ends

RESOLUTION NO.23-2391
CUP 23-002
PAGE 5
-5-

EXHIBIT A

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 23-002

AG CREEK STREAM GAUGE REPLACEMENT PROJECT

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

GENERAL CONDITIONS

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

2. The applicant shall comply with all conditions of approval for Conditional Use Permit 23-001.

3. This application shall automatically expire on November 7, 2025 unless a Lake and Streambed Alteration permit is issued by the California Department of Fish and Wildlife (CDFW). Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration.

4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of November 7, 2023 and marked Exhibit B.

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

6. A copy of these conditions shall be incorporated into all construction documents.

7. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan.

8. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100.

9. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards.

10. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A.

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RESOLUTION NO.23-2391
CUP 23-002
PAGE 6
-6-

11. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City, County and/or Caltrans).

12. At least thirty (30) days prior to commencement of any earthmoving activities, the applicant shall notify all neighbors located within a 500’ radius of the project area. The notification shall include information about the construction schedule and location of the staging area.

13. Prior to issuance of an Encroachment Permit, submit property owner authorization for staging and construction areas.

14. Construction activities shall be limited to 8:00 AM – 5:00 PM Monday through Friday (no construction on Saturdays or Sundays).

15. The applicant shall submit evidence of obtaining permits from all resource agencies that have regulatory authority over this project.

16. The applicant shall submit a Stormwater Pollution Prevention Plan/Erosion Control Plan prior to any earthmoving activities.

17. The applicant shall restore the site access area to pre-construction condition.

18. The applicant shall coordinate project work with the County Flood Control District.

19. The applicant shall submit a creek bypass plan, including any pumping requirements, pump hours of operation, pump storage, who to call with noise complaints, and the size of the pump.

20. The applicant shall adhere to all conditions of approval associated with permits issued by CDFW, NFWF and other responsible agencies.

21. The applicant shall be responsible for replacing in-kind any fencing that is removed as part of this project.

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RESOLUTION NO.23-2391
CUP 23-002
PAGE 7
-7-

EXHIBIT B

PROJECT PLANS

Page 210 of 301 ends

October 24, 2023
Brian Pedrotti
Community Development Director
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
Subject: Arroyo Grande Stream Gauge Modification Project Dear Mr. Pedrotti,
Enclosed please find our completed Conditional Use Permit for the Arroyo Grande Stream Gauge Modification Project, which is tentatively scheduled for construction in August 2024. 1) Creek Lands Conservation (CLC) is a small nonprofit that works to enhance wild, native Steelhead trout habitat. As you may be aware, there are several barriers on Arroyo Grande Creek that prevent steelhead trout migration. One such barrier is the concrete weir associated with Arroyo Grande Stream Gauge, located within City boundaries. The scope of our project is to lower the concrete weir so that Steelhead trout may migrate upstream to over 4 miles of critical habitat. To accomplish this project CLC is relying on cash funds and in-kind donations from multiple sources including but not limited to California Department of Fish and Game (CDFW), National Fish and Wildlife Foundation, and the County of San Luis Obispo. We request that you support us in this effort by waiving the Conditional Use Permit fee ($6,388.00). We also note that CEQA has been conducted by the City of Arroyo Grande. 2) The project is on parcels 007-572-029 and 007-572-031, owned by the City of AG and Cherry Creek, respectively. Please see enclosed assessors map.
3) Permits from the Regional Water Quality Control Board 401 Certification, the Army Corps of Engineers Section 404 Nationwide Application, United States Fish and Wildlife (USFS) biological opinion to support Army Corps Permit, and the National Atmospheric and Oceanic Administration (NOAA) biological opinion to support Army Corps Permit, and CDFW Streambed Alteration Permit are underway.
4) No trees will be removed. A description of the impacted area and a revegetation plan is enclosed. The gate of the existing fencing will be unlocked and one section of the fence will be temporarily unbolted and removed to accommodate heavy machinery. The fence will be replaced and restored after construction.
5) A neighborhood meeting will be held no later than 30 days prior to construction at the offices of CLC to present the project in further detail to nearby homeowners and answer any questions from the homeowners. We will also outreach to the homeowners via mailed letters and door knob hanger tags.

ATTACHMENT 6

Page 211 of 301 ends

6) The access has been changed so that impacts will be minimized. A crane, rather than a temporary access road, will be utilized.

Please let us know if you have any further questions or comments, Aleksandra Wydzga
Lead Scientist
Creek Lands Conservation
229 Stanley Ave
Arroyo Grande, CA 93420
www.creeklands.org
805-451-7544 (cell)

Page 212 of 301 ends

Item 10.b.

MEMORANDUM
TO: City Council
FROM: Shannon Sweeney, Interim Public Works Director/City Engineer SUBJECT: Public Hearing to Consider Introduction of an Ordinance Amending Title 13 of the Arroyo Grande Municipal Code Regarding the Water Shortage Contingency Plan and Finding this Action Exempt from CEQA
DATE: December 12, 2023
SUMMARY OF ACTION:

Introduction and public hearing for a proposed Ordinance amending the City’s Municipal Code section 13.07.070 regarding the City’s Water Shortage Contingency Plan (WSCP).

Introducing the ordinance will allow for adoption at a future City Council meeting following this noticed public hearing.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No cost impact to the City is anticipated with the recommended amendment.

RECOMMENDATION:
1) Introduce the Ordinance amending Section 13.07.030 (C)(2) of the Arroyo Grande Municipal Code regarding the WSCP; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines sections 15060, subd. (c)(2), (3); 15061(b)(3)).

BACKGROUND:

The California Water Code (CWC) requires urban water suppliers servicing 3,000 or more connections or supplying more than 3,000 acre-feet (AF) of water annually, to prepare and adopt an Urban Water Management Plan (UWMP) and a WSCP for submission to Department of Water Resources (DWR). The UWMP and WSCP, which are required to be filed in five-year cycles, must satisfy the requirements of the Urban Water Management Planning Act (UWMP Act) of 1983 including amendments that have been made to the UWMP Act and other applicable regulations.

Page 213 of 301 ends

Item 10.b.

City Council
Public Hearing to Consider Introduction of an Ordinance Amending Title 13 of the Arroyo Grande Municipal Code Regarding the Water Shortage Contingency Plan and Finding this Action Exempt from CEQA
December 12, 2023

Page 2 ends

On June 27, 2023, the City Council:
 Conducted a public hearing to receive input on the 2022 UMWP and WSCP;  Adopted a Resolution approving the 2022 UWMP;
 Authorized the City Manager or their designee to file the updated UWMP with DWP;
 Adopted a Resolution approving the 2022 WSCP with the modification to page 13 of the Water Shortage Contingency Plan to change the number of household members to four (4) and above with 250 gallons of water per household; and  Authorized the City Manager or their designee to file the updated WSCP with DWP.

The WSCP was modified as requested. This ordinance modifies the City Municipal Code to be consistent with the WSCP as modified.

ANALYSIS OF ISSUES:

Currently, section 13.07.030 (C)(2) of the Arroyo Grande Municipal Code states:

Upon adoption of a Stage 2 Water Shortage Emergency, restrictions and limits shall be imposed through the implementation of household allocations of water units for residential customers. All residential customers will be allocated units of water deemed necessary for an average household size (one unit of water is equal to one hundred (100) cubic feet or seven hundred forty-eight (748) gallons). Any residential customer using over the assigned baseline unit amount may be subject to citation and shall be subject to the imposition of mandatory financial penalties, which shall be set forth in the resolution adopted by the city council and be based upon the severity of the water shortage emergency. Each household shall be allowed twelve (12) units of water per two-month billing period (which is equivalent to one hundred fifty (150) gallons per household per day).

Households with over five people will be allowed twenty (20) units of water per two-month billing period (two hundred fifty (250) gallons per day). Households with over seven people will be allowed twenty-eight (28) units of water per two-month billing period (three hundred fifty (350) gallons per day). The allocations contained herein may be adjusted by the city council by resolution.

The following table illustrates why the recommended amendment provides greater equity to City customers during a Stage 2 Water Shortage Emergency:

As currently written:

Maximum # of residents Units Gallons/household/day Gallons/person/day 5 12 150 30 or more
6-7 20 250 36-42
8 or greater 28 350 44 or less
With recommended amendment:

Maximum # of residents Units Gallons/household/day Gallons/person/day 4 12 150 38 or more
5-7 20 250 36-50

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Item 10.b.

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8 or greater 28 350 44 or less
The recommended modification to the municipal code text is shown below, with strikeout formatting showing removed text and underlined formatting showing added text (the only change being recommended is the number of household members that would be allocated 20 units of water per two-month billing period from five people to four, based on past direction):

Households with over five four people will be allowed twenty (20) units of water per two-month billing period (two hundred fifty (250) gallons per day). Households with over seven people will be allowed twenty-eight (28) units of water per two-month billing period (three hundred fifty (350) gallons per day). The allocations contained herein may be adjusted by the city council by resolution.

ALTERNATIVES:

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

1. Introduce the Ordinance amendment as proposed; or

2. Modify the Ordinance amendment and introduce the modified Ordinance;

3. Do not introduce the Ordinance and direct staff to return at a future meeting to introduce the modified amendments; or

3. Provide other direction to staff.

ADVANTAGES:

By proceeding with this amendment to the Municipal Code, city staff is following through on direction provided by the City Council, the Municipal Code will be consistent with the WSCP filed with DWP, and the City is more equitably applying the water use restrictions associated with a Stage 2 water shortage situation.

DISADVANTAGES:

No disadvantages have been identified at this time.

ENVIRONMENTAL REVIEW:

In compliance with the California Environmental Quality Act (CEQA), City staff has determined that the ordinance does not qualify as a “project” under CEQA 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

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Item 10.b.

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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.

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

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ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 13.07.030 OF

THE ARROYO GRANDE MUNICIPAL CODE REGARDING

WATER SHORTAGE CONTINGENCY PLANNING AND

FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the California Water Code (CWC) requires urban water suppliers servicing 3,000 or more connections or supplying more than 3,000 acre-feet (AF) of water annually, to prepare and adopt an Urban Water Management Plan (UWMP) and a WSCP for submission to Department of Water Resources (DWR); and WHEREAS, the UWMP and WSCP, which are required to be filed in five-year cycles, must satisfy the requirements of the Urban Water Management Planning Act (UWMP Act) of 1983 including amendments that have been made to the UWMP Act and other applicable regulations; and
WHEREAS, the WSCP is codified in the City of Arroyo Grande Municipal Code, Section

13.07.030; and
WHEREAS, on June 27, 2023, City Council
• Conducted a public hearing to receive input on the 2022 UMWP and WSCP; • Adopted a Resolution approving the 2022 UWMP:
• Authorized the City Manager or their designee to file the updated UWMP with DWP;
• Adopted a Resolution approving the 2022 WSCP with the modification to page 13 of the Water Shortage Contingency Plan to change the number of household members to four (4) and above with 250 gallons of water per household; and • Authorized the City Manager or their designee to file the updated WSCP with DWP.

WHEREAS, the WSCP was modified as requested; and
WHEREAS, without a change to the Municipal Code, City regulations are inconsistent with the current WSCP; and
WHEREAS, the recommended amendment provides greater equity to City customers during a Stage 2 Water Shortage Emergency.

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

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ORDINANCE NO.

PAGE 2
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.

SECTION 3. Code Amendment. Section 13.07.030(C)(2) of the Arroyo Grande Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough) with no other changes made to the Arroyo Grande Municipal Code:

Households with over seven people will be allowed twenty-eight (28) units of water per two-month billing period (three hundred fifty (350) gallons per day). The allocations contained herein may be adjusted by the city council by resolution.

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

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ORDINANCE NO.

PAGE 3
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.

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.

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ORDINANCE NO.

PAGE 4

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

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Item 12.a.

MEMORANDUM
TO: City Council
FROM: Isaac Rosen, City Attorney
SUBJECT: Consideration of Appointment of City Manager and Approval of Employment Agreement
DATE: December 12, 2023
SUMMARY OF ACTION:

The City Council is being asked to consider approving the attached, negotiated Employment Agreement with Matthew J. Downing to serve as Arroyo Grande’s City Manager, following an oral report summarizing the salaries, salary schedules or compensation paid in the form of fringe benefits consistent with the Brown Act.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The negotiated City Manager contract sets an annual salary for the City Manager at $235,900. The City Manager would receive approved Cost of Living Adjustments (“COLA”) at the time of other unrepresented management employees and will be eligible for benefits consistent with other City employees. Other provisions that impact financial resources are set forth within the attached, negotiated Employment Agreement, including annual and accrued leave, severance, and other benefits. The salary and benefits described are within the FY 2023-24 City Manager division budget.

The City used Mosaic Public Partners to provide executive recruitment services totaling $26,500. Significant City Council, City Attorney, and staff time was devoted to the recruitment process.

RECOMMENDATION:
1) Approve the negotiated Employment Agreement with Matthew J. Downing , to serve as Arroyo Grande’s City Manager, following the required oral report under the Brown Act and subject to any minor, non-substantive changes necessary for finalization; and 2) Find the action 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).

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Item 12.a.

City Council
Consideration of Appointment of City Manager and Approval of Employment Agreement
December 12, 2023

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BACKGROUND:

The City completed a robust executive recruitment process for the vacant City Manager position in consultation with Mosaic Public Partners (“Mosaic”). The contract with Mosaic was approved by the City Council in open session, and took effect on August 22, 2023.

During the time the City Manager position has been vacant, the City has been served by Bill Robeson, as Interim City Manager.

City Council provided direction for Mosaic and the City Attorney to negotiate a conditional offer of employment and the terms of an Employment Agreement with Matthew J.

Downing, for the City Manager position. The attached Employment Agreement is to be considered by the City Council in open session and approved by formal action, following an oral report by the City Attorney pursuant to the Brown Act, Government Code section 54953. Specifically, there must be an oral report summarizing the recommendation on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be considered.

ANALYSIS OF ISSUES:

The approval of the negotiated contract by the City Council will allow Matthew Downing to serve as Arroyo Grande’s City Manager, with a start date scheduled for January 8, 2024.

ALTERNATIVES:

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

1. Approve staff’s recommendation;

2. Amend the terms of the negotiated Employment Agreement with Matthew J.

Downing for the City Manager position;

3. Reject the proposed contract for Matthew J. Downing to serve in the City Manager position; or

4. Provide other direction to staff.

ADVANTAGES:

The City of Arroyo Grande will have a permanent City Manager following a robust executive management recruitment.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

Find the action 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

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Item 12.a.

City Council
Consideration of Appointment of City Manager and Approval of Employment Agreement
December 12, 2023

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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. Proposed Employment Agreement

2. City Manager Job Description

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ATTACHMENT 1

EMPLOYMENT AGREEMENT
This City Manager Employment Agreement (“Agreement”) is between Arroyo Grande (“City”) and NAME (“Employee”). It is effective as of DATE.

This Agreement is entered into on the basis of the following facts, among others:

A. The City has a vacancy in the position of City Manager; B. The City, through its City Council (“Council”), desires to appoint Employee as the City Manager of City, and Employee desires to accept this appointment; and C. The City and Employee desire to establish specific terms and conditions relating to compensation and benefits, performance evaluations, and related matters.

BASED UPON THE FOREGOING, THE CITY AND EMPLOYEE AGREE AS FOLLOWS:

1. Employee Appointed. The City appoints and employs Employee as City Manager, and Employee accepts the appointment and employment effective DATE.

2. Duties of Employee. Employee shall perform the duties established for the City Manager by applicable State, local law, the City’s Municipal Code, the City Manager job description as it may be periodically amended, a current copy of which is attached hereto as Exhibit A, the directions of the Council, or as otherwise provided by law, ordinance, or regulation.
(a) Full Energy and Skill. Employee shall faithfully, diligently, and to the best of Employee's abilities, perform all duties that may be required under this Agreement.

Employee agrees that Employee has a duty of loyalty and a general fiduciary duty to the City.

Employee shall devote the whole of Employee's working time, skill, experience, knowledge, ability, labor, energy, attention, and best effort exclusively to the City’s business and affairs. (b) No Conflict. Employee shall not engage in any employment, activity, consulting service, or other enterprise, for compensation or otherwise, which is actually or potentially in conflict with, inimical to, or which interferes with the performance of Employee’s duties.
(c) Outside Activities. Employee shall not spend more than 8 hours per month in teaching, consulting, expert witness testimony, speaking, or other non-City connected business for which compensation is paid without express prior consent of the Council. Employee will take personal leave (i.e. annual leave or management leave) for all outside activities of this nature.

3. Hours of Work. Employee is an exempt employee and is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager position. Employee does not have set hours of work, as the City Manager is expected to be available at all times during the City’s customary office hours. It is recognized that the City

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2 Manager must devote a great deal of time to the business of the City outside of the City’s customary office hours, and to that end the City Manager’s schedule of work each day and week shall vary in accordance with the work required to be performed and in accordance with any specific direction provided by the Council.

4. Term. The initial term of this at-will Agreement shall be for three years from the Effective Date through DATE (“Initial Term”), unless terminated earlier by either party in accordance with the provisions set forth in paragraph 6. Unless either party provides notice of non-renewal to the other party on or before one-hundred twenty (120) days prior to expiration of the Initial Term as set forth in paragraph 6(d), the Agreement shall continue in effect until terminated by either party in accordance with the provisions set forth in paragraph 6.

5. Compensation.
(a) Salary. Employee shall receive the base annual salary of Two Hundred Thirty Five Thousand Nine Hundred Dollars ($235,900.00) payable on a pro-rata basis in the same manner as all full time City employees, and subject to all applicable payroll taxes and withholdings.
(b) Salary Adjustments. In connection with Employee’s annual performance evaluations, the Council can decide, in its sole discretion, whether to award Employee any increase in compensation. In addition, the Council has discretion to award Employee increases in compensation at other times deemed appropriate by the Council.

Employee shall be eligible to receive the same percentage of cost of living adjustment (COLA) salary increase, if any, awarded to Management Employees. Employee shall receive any such COLA increase on the same date it is provided to Management Employees. Other than a COLA increase, Employee is not eligible to automatically receive any general salary increases or equity compensation adjustments provided to Management Employees or other City bargaining groups.

Other than as provided in this paragraph, Employee is not guaranteed any compensation increase, even with a positive evaluation or even if other City employees are provided an increase.

6. Termination and Severance Pay – At-Will Employment / No Property Interest. Employee understands and agrees that Employee has no constitutionally-protected property or other interest in Employee’s employment as City Manager. Employee understands and agrees that Employee works at the will and pleasure of the Council, and that Employee may be terminated, or asked to resign, at any time, with or without cause, by a majority vote of three or more of its members.
(a) Termination without Cause
(1) Employee serves at the will and pleasure of the Council and may be terminated with or without cause, with or without advance notice, at any time. Nothing in this Agreement shall in any way affect the Council’s right to terminate the employment of Employee with or without cause, with or without advance notice, at any time. (2) In the event Employee is terminated by the City without cause during the term of this Agreement, at which time Employee is willing and able to perform

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3 Employee’s duties under the Agreement, the City shall provide Employee with: (1) six (6) months' salary; and (2) continuation of all existing health benefits currently offered to Employee, for the lesser of six (6) months, until Employee finds other employment, or the remaining months in the term of the Agreement, whichever occurs first. (The salary and benefits shall be referred to collectively as “Severance Pay.”) In no event shall the amount of Severance Pay exceed the value of six (6) months’ salary plus benefits. The intention is for this section to be interpreted and applied in a manner that is consistent with California Government Code sections 53260 and 53261. Employee’s eligibility for Severance Pay is expressly conditioned upon Employee’s execution of (i) a waiver and release of any and all of Employee’s claims against City and related parties; and (ii) a covenant not to sue, in a form prepared by the City. All normal payroll taxes and withholdings as required by law shall be made with respect to any amounts paid under this paragraph. Employee expressly agrees to provide notice to the City within two (2) business days of accepting employment elsewhere, and the City’s obligation to pay for the continuation of any health benefits to Employee shall terminate upon Employee’s acceptance of such alternative employment.
(3) Notwithstanding any provisions in this Agreement to the contrary, the City shall not terminate Employee without cause for a period of one hundred twenty (120) calendar days immediately following a general election unless (1) the City has cause to terminate under paragraph 6(b)(1) or (2) Employee is convicted for abuse of office or position as defined in Government Code section 53243.4.
(b) Termination for Cause
(1) In the event that it is determined that the Employee has been terminated for cause, the Employee shall not be entitled to any Severance Pay. Termination shall be “for cause” if Employee: (a) willfully breaches this Agreement; (b) habitually neglects their duties as required to be performed under this Agreement; (c) is convicted, or pleads guilty or nolo contendere, to any felony or a misdemeanor involving dishonesty or moral turpitude; (d) refuses or fails to act in accordance with any legal directive or order of the Council; or (e) acts in bad faith and to the detriment of the City.
(2) In the event Employee and this Agreement are terminated for cause, Employee’s sole remedy shall be a judicial action in declaratory relief to determine whether there was substantial evidence of cause. If the court determines there was not substantial evidence, Employee shall receive the severance pay provided in this Section, but no other damages.
(c) Resignation
(1) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from the City Manager position, subject only to the provisions set forth in this Agreement. (2) In the event Employee resigns from their position with the City, then Employee shall provide the Council sixty (60) days’ advance notice, unless the Parties

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4 agree otherwise. In the event that Employee resigns, Employee shall not be entitled to any Severance Pay, but shall be compensated for accrued wages under the same terms and conditions generally applicable to City employees.
(d) Non-Renewal. In the event either party provides notice of nonrenewal in accordance with paragraph 4, Employee shall not be entitled to any Severance Pay, but shall be compensated for accrued wages under the same terms and conditions generally applicable to City employees.

7. Performance Evaluation. The Council will conduct regular periodic performance reviews. On or about the end of the first six months of Employee’s employment (based on Council’s availability), the Council shall conduct an evaluation of Employee’s performance and provide guidance and direction regarding the Council’s goals and objectives which Employee shall be tasked with implementing. Thereafter, in or about May of each year (with the first annual review to be conducted in or about May 2025), the Council shall conduct an evaluation of Employee’s performance and provide guidance and direction regarding the City’s goals and objectives which Employee shall be tasked with implementing. The Council, at more frequent intervals and at times selected by the Council, can also conduct both informal and formal performance reviews and/or provide other input to Employee regarding Employee’s job performance in a format chosen by the Council. The Council can also arrange for a 360 review, in a format and at intervals selected by the Council, in order to obtain performance feedback from City staff and the Employee’s direct reports.

8. Benefits.
(a) Health and Welfare Benefits. Employee will be eligible for all regular health and welfare benefits provided by the City in accordance with the City as further described in the City’s Personnel Policies and Procedures (“Personnel Policies”). (b) CalPERS Retirement Benefits. Employee will participate in CalPERS, with employee and employer contributions in compliance with applicable law, the City’s contract with CalPERS, and the City’s Personnel Policies. (c) Deferred Compensation. As part of Employee’s annual compensation, City agrees to contribute to a Section 457 deferred compensation plan the amount of Two Thousand, Two Hundred dollars ($2,200.00) annually, payments to be equally divided in each pay period.
(d) Life Insurance. The City agrees to pay for a term life insurance policy in the face amount of One Hundred and Fifty Thousand Dollars ($150,000.00) on Employee’s life with a carrier selected by the City. Employee shall designate the beneficiaries of the policy. Employee shall also be entitled to participate in any group life or disability insurance programs provided by the City for management employees. (e) Equipment and Allowance. The City agrees to provide Employee with a portable computer for City business. The City will provide Employee with a monthly cellular telephone allowance in accordance with City policy.

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5 (f) Automobile Allowance. The City shall provide Employee with an automobile allowance of Five Hundred Dollars ($500.00) per month, added to Employee’s wages on a monthly basis as taxable income. This allowance is intended to compensate Employee for all automobile expenses and mileage incurred in connection with the performance of City duties.

9. Leave and Other Benefits. In addition to the benefits specified in paragraph 8, Employee shall receive the following benefits. (a) Annual Leave; Holidays. Employee shall accrue annual leave in accordance with the policy applicable to Management Employees. At the commencement of employment, Employee is credited with 13 years of service credit and will earn 33 days (264 hours) per year (accrued pro rata on a per pay period basis). Subject to any policy change applicable to Management Employees, once Employee completes two years of service with the City, Employee will be credited with a total of fifteen (15) years of service and shall earn annual leave at the rate of 34 days (272 hours) per year (on a pro rata basis each pay period). Upon the Effective Date of this Agreement, Employee is provided a one-time grant of fifty-six (56) hours of Annual Leave. Use and maximum accrual of Annual Leave are governed by the terms applicable to City Management Employees. Employee is also eligible for paid holidays under the same terms and conditions applicable to Management Employees. (b) Management Leave. Employee will be provided with forty (40) hours of management leave each calendar year. Hours do not accumulate from year to year. At the beginning of each calendar year, Employee’s management leave bank will be replenished to a total of forty (40) hours. At the commencement of their employment, Employee will be provided with a pro rata amount of management leave to use during the remainder of 2024. Any management leave remaining upon separation of employment will not be cashed out.

10. Payment of Expenses of Employment. The City shall pay the following usual and customary employment expenses.
(a) The cost of any fidelity or other bonds required by law for the City. (b) The cost to defend and indemnify Employee in accordance with the California Government Claims Act (Government Code §810 et seq.). (c) The City will provide a reasonable budget for dues for Employee's full membership in professional organizations associated with the office of City Manager. The City will allow Employee reasonable time away from the City to participate in the annual conferences of these organizations.
(d) Reimbursement for expenses related to travel to and attendance at conferences or other events (i.e. out-of-town meetings, professional seminars, etc.), reasonably necessary for Employee’s professional development and the proper discharge of City Manager duties, is governed by the City’s expense reimbursement policy. (e) The City will not reimburse Employee for any expenses related to membership in service clubs.

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6 11. Miscellaneous.
(a) Notices. Notices given under this Agreement shall be in writing and shall be:
(i) served personally; or
(ii) delivered by first-class United States mail, certified, with postage prepaid and a return receipt requested; or
(iii) Sent by Federal Express, or some equivalent private overnight delivery service.

Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in the United States mail, postage prepaid. Notices shall be directed to the addresses shown below, provided that a party may change such party's address for notice by giving written notice to the other party in accordance with this subsection.

CITY:

City of Arroyo Grande
Attn: Mayor
300 E. Branch Street
Arroyo Grande, CA 93420
Phone: 805-473-5400
EMPLOYEE:

Name
Address last on file
(b) Compliance with Government Code §§53243, 53243.1, & 53243.2.

If Employee is convicted of a crime involving an abuse of her office or position, all of the following shall apply:
(i) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse the City for such amounts paid;
(ii) if the City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is not generally required to pay for a criminal defense), Employee shall be required to fully reimburse the City such amounts paid; and (iii) if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City or void if not yet paid to Employee.

For this subsection, “abuse of office or position” means either (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority, or (2) a

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7 crime against public justice, including but not limited to a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. (c) Entire Agreement/Amendment. This Agreement constitutes the entire understanding and agreement between the parties as to those matters contained in it, and supersedes any and all prior or contemporaneous agreements, representations and understandings of the parties. This Agreement may be amended at any time by mutual agreement of the parties, but any such amendment must be in writing, dated, and signed by the parties and attached hereto. (d) Attorney's Fees. If any legal action or proceeding is brought to enforce or interpret this Agreement, each party shall bear their own attorney’s fees, including any such fees and costs as may be incurred in enforcing any judgment or order entered in any such action.

Nothing in this subsection shall be read to prevent the parties from agreeing to some alternative method of dispute resolution. If such a method is agreed to, the parties shall bear their own attorney’s fees in pursuing such relief and resolution. (e) Severability. In the event any portion of this Agreement is declared void, such portion shall be severed from this Agreement and the remaining provisions shall remain in effect, unless the result of such severance would be to substantially alter this Agreement or the obligations of the parties, in which case this Agreement shall be immediately terminated.
(f) Waiver. Any failure of a party to insist upon strict compliance with any term, undertaking, or condition of this Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective, a waiver must be in writing, signed and dated by the parties.
(g) Representation by Counsel. The parties acknowledge and agree that they were, or had the opportunity to be, represented individually by legal counsel with respect to the matters that are the subject of this Agreement and that they are fully advised with respect to their respective rights and obligations resulting from signing this Agreement. (h) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Employee and the City agree that venue for any dispute shall be in San Luis Obispo County, California. (i) Section Headings. The headings on each of the sections and subsections of this Agreement are for the convenience of the parties only and do not limit or expand the contents of any such section or subsection.
(j) No Assignment. Employee may not assign this Agreement in whole or in part.
[SIGNATURES ON THE FOLLOWING PAGE]

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8 SIGNATURE PAGE TO CITY MANAGER EMPLOYMENT AGREEMENT
Dated: City of Arroyo Grande
Caren Ray Russom, Mayor
Dated: EMPLOYEE
Name
Approved as to Form:

Isaac Rosen, City Attorney

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9 Exhibit “A”
Job Description

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ATTACHMENT 2

CITY OF ARROYO GRANDE

CITY MANAGER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class.

Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To plan, direct, manage and oversee the activities and operations of the City including administration, finance, community development, police, public works and parks and recreation programs; and to provide highly responsible and complex administrative support to the City Council.

SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the City Council.

Exercises direct supervision over management, supervisory, professional, technical and clerical staff.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS – Essential responsibilities and duties may include, but are not limited to, the following:

Essential Functions:

1. Assume full management responsibility for all City operations including administration, finance, community development, police, public works and parks and recreation programs; recommend and administer policies and procedures.

2. Direct the development and implementation of the City’s goals, objectives, policies and priorities.

3. Establish, within City policy, appropriate service and staffing levels; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly.

4. Plan, direct and coordinate, through management staff, the work plan for the City; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures; meet with management staff to identify and resolve problems.

5. Assess and monitor work load, administrative support systems and internal reporting relationships; identify opportunities for improvement.

6. Select, motivate and evaluate personnel; resolve personnel concerns and issues; maintain the City’s labor relations program.

7. Oversee the development and administration of the City budget; approve the forecast of funds needed for staffing, equipment, materials and supplies; approve expenditures and implement budgetary adjustments as appropriate and necessary.

8. Explain, justify and defend City programs, policies and activities; negotiate and resolve sensitive and controversial issues.

9. Represent the City to all departments and outside agencies; coordinate City activities with those of other cities, counties and outside agencies and organizations.

10. Provide staff assistance to the City Council; prepare and present staff reports and other necessary correspondence.

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CITY OF ARROYO GRANDE
City Manager (Continued)

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Essential Functions: (continued)

11. Provide staff support to assigned boards and commissions.

12. Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of public administration and management.

13. Respond to media inquiries, City Council concerns, issues and community needs.

14. Respond to and resolve difficult and sensitive citizen inquiries and complaints.

15. Perform related duties and responsibilities as required.

QUALIFICATIONS
Knowledge of:

Operations, services and activities of a municipality.

Advanced principles and practices of public administration.

Principles and practices of program development and administration.

Principles and practices of municipal budget preparation and administration.

Principles and practices of personnel administration.

Principles of supervision, training and performance evaluation.

Principles of business letter writing and report preparation.

Rules and regulations governing public meetings.

Pertinent Federal, State and local laws, codes and regulations.

Ability to:

Plan, organize and direct the work of staff.

Select, supervise, train and evaluate staff.

Delegate authority and responsibility.

Direct the operations, services and activities of a municipality.

Identify and respond to community and City Council issues, concerns and needs.

Develop and administer, departmental goals, objectives and procedures.

Prepare clear and concise administrative and financial reports.

Prepare and administer budgets.

Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.

Research, analyze and evaluate new service delivery methods and techniques.

Interpret and apply Federal, State and local policies, laws and regulations.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading, writing and operating assigned equipment.

Maintain physical condition appropriate to the performance of assigned duties and responsibilities.

Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

Seven years of increasingly responsible experience in municipal governments, including five years of administrative and supervisory responsibility.

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CITY OF ARROYO GRANDE
City Manager (Continued)

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Training:

Equivalent to a Bachelors degree from an accredited college or university with major course work in public administration, business administration or a related field. An advanced degree in public administration or a closely related field is desirable.

License or Certificate:

Possession of, or ability to obtain, an appropriate, valid driver’s license.

WORKING CONDITIONS
Environmental Conditions:

Position requires prolonged sitting, standing, walking, office and field environment; travel from site to site; extensive public contact.

Physical Conditions:

Essential functions may require maintaining physical condition necessary for walking, standing or sitting for prolonged periods of time; repetitive movement and fine coordination using a computer keyboard, light lifting and carrying up to twenty pounds; speaking and hearing to exchange information, near visual acuity to prepare and review correspondence and a variety of other documents.

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Item 12.b.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Preliminary Approval of Community Development Block Grant Projects for Year 2024 And Finding That This Action Is Exempt Under The California Environmental Quality Act, State Guidelines Section 15061
DATE: December 12, 2023
SUMMARY OF ACTION:

Conduct a public hearing to consider preliminary funding recommendations for the City’s allocation of 2024 Community Development Block Grant (CDBG) funds, which will assist the County of San Luis Obispo with its 2024 Action Plan process. The recommended project funding allocations (see Table 1 below for more detail) are:
 Five Cities Homeless Coalition: $12,283
 Curb Ramp and Sidewalk Improvement Project: $53,228
 City Administration: $5,732
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The County has estimated that $81,889 in CDBG funds will be available to the City in the Fall of 2024. This represents a decrease of $5,416 below last year’s allocation. The County will help administer the CDBG program for the City, which will reduce City staff time involved. County staff will be paid for these administrative services through the CDBG program funds allocated to the City. Pursuant to the Cooperation Agreement between the County and the City approved by Council on June 13, 2023, for the term beginning on July 1, 2024, and ending on June 30, 2027, 65% of the total available administration funds, or $10,646, will be deducted by the County to meet its obligations under the terms of the agreement for administrative costs. The remaining 35% of the total available administration funds, or $5,732, is recommended to be allocated for City administration of the projects funded by the CDBG program.

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Item 12.b.

City Council
Consideration of Preliminary Approval of Community Development Block Grant Projects for Year 2024 And Finding That This Action Is Exempt Under The California Environmental Quality Act, State Guidelines Section 15061 December 12, 2023

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RECOMMENDATION:

Conduct a public hearing and provide preliminary approval of proposed projects to be funded with the City’s allocation of Community Development Block Grant (CDBG) funds for the Year 2024, as shown in Table 1 below, and find that the preliminary approval of projects is exempt from CEQA, pursuant to CEQA Guidelines Section 15061 subd. (b)(3).

Final City approval of the CDBG allocation and projects will tentatively occur in March 2024.

Table 1: Recommended 2024 CDBG Allocations
Project and Category
2023
Allocation
2024
Requested
Proposed
2024
Allocation
Public Services (15% Cap - $12,283)
5 Cities Homeless Coalition $13,095 $12,283 $12,283
Subtotal $13,095 $12,283 $12,283
Public Facilities (No Cap)
Curb Ramp and Sidewalk Improvement Project $56,749 $53,228 $53,228 Subtotal $56,749 $53,228 $53,228
Economic Development (No Cap)
Subtotal $0 $0 $0
Area Benefit (30% Cap - $24,567)
Subtotal $0 $0 $0
Housing Rehabilitation (No Cap)
$0 $0 $0
Administration (20% Cap - $16,378)
City Administration $6,111 $5,732 $5,732
County Administration $11,350 $10,646 $10,646
Subtotal $17,461 $16,378 $16,378
Total $81,889
BACKGROUND:

City Council approved a Cooperation Agreement with the County on June 16, 2023 for the joint participation in the CDBG Program for Fiscal Years 2024 through 2026 (Attachment 1). The City, as a participant in the Housing and Urban Development (HUD)

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designated Urban County program, receives an annual formula-based allocation of CDBG funds. These funds are available for a variety of Community Development activities as long as the activities meet at least one of three national objectives. The objectives are:

1. Benefit low- and moderate-income persons;

2. Aid in the prevention or elimination of slums or blight; or

3. Address urgent community development needs that pose a serious or immediate threat to public health or welfare.

The County released a Notice of Funding Availability on October 6, 2023, and notified the public that the County and participating cities would accept applications for funding until November 5, 2023. 5 Cities Homeless Coalition (5CHC) was the only organization that submitted an application requesting funding from the City’s allocation of CDBG funds (Attachment 2). The request is described in greater detail below.

If Council is supportive of staff’s preliminary recommendations, they will be sent to the County for review to ensure eligibility for CDBG program funding. The County’s Homeless Services Oversight Council will review applications requesting funding from the Public Services category in January 2024. The City will be informed of the outcome of that review and it will be incorporated into staff’s final recommendation to Council, which is tentatively scheduled for March.

ANALYSIS OF ISSUES:

The Cooperation Agreement between the County and the City provides the City with discretion regarding the allocation of funds. Unless the City’s recommendation to the County for funding is in conflict with CDBG regulations, the County will approve the recommendation. The County Board of Supervisors will make its final decision for funding priority in April 2024.

Public Services
The competitiveness for public service funds, which is capped at 15% of the City’s CDBG allocation, had historically been strong with requests far exceeding available funds. As discussed in recent years regarding CDBG allocations, HUD has significantly increased its monitoring efforts of jurisdictions participating in the CDBG program, which means that local jurisdictions must increase their monitoring efforts of recipients as well. As stated in the Cooperative Agreement, only activities that can either individually or cumulatively receive more than $8,000 in CDBG funding will be considered due to the staff cost of processing such awards in compliance with federal requirements.

Because public service organizations are more aware of the stricter CDBG regulations, because of the funding opportunity provided to non-profit organizations serving the Arroyo Grande community through the City’s Community Service Grant Program (CSGP), and

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because the City Council had previously directed staff to apply CDBG funds toward Public Facility projects, the City has received very few applications over the past several years for CDBG funding. Consistent with previous direction from Council during the public hearing to approve projects for the 2023 CDBG program, the City publicized the application period for the 2024 program. These efforts included a press release, advertisement on the City’s website, and posts on the City’s social media platforms.

Despite the City’s efforts to publicize the CDBG application period, only one application was received requesting funding from this program. 5CHC’s application seeks funding to bolster its San Luis Obispo County Rapid Re-Housing/Homeless Prevention Program.

This program provides financial assistance to low-income households and individuals facing homelessness to quickly identify and resolve barriers to gaining or maintaining housing. Financial assistance includes rental assistance, deposit assistance, and case management. The goal of the program is to assist participants to secure long-term, stable housing that they can afford to retain. The project aligns with the San Luis Obispo Countywide Plan to Address Homelessness. The total amount of CDBG funds requested by 5CHC from local agencies is provided in Table 2.

Table 2: 5CHC Funding Requests by Agency
Agency Amount Requested
City of Arroyo Grande $13,095
City of Atascadero $4,667
City of Morro Bay $3,500
City of Paso Robles $16,333
City of Pismo Beach $5,238
City of San Luis Obispo $20,333
County of San Luis Obispo $29,167
Total $92,333
Council directed staff to prioritize the City’s available public service allocation of CDBG funding for homeless services during public hearings for allocations of CDBG funding in both 2022 and 2023. The request from 5CHC aligns with the San Luis Obispo Countywide Plan to Address Homelessness, and therefore, staff recommends funding 5CHC’s request of 2024 funds for $12,283 to support its services for individuals facing homelessness.

Public Facilities
The City is committed to and prioritizing Americans with Disabilities Act (ADA) accessibility deficiencies. During the last several years, with Year 2018 being the exception, Council has allocated the majority of CDBG funds to help pay for disabled access barrier removal projects throughout the City. These projects include Hoosegow Park ADA improvements, mid-block crosswalk ADA improvements, the Arroyo Grande

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Item 12.b.

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Woman’s Club building barrier removal project, and various barrier removal projects at the Soto Sports Complex.

In 2022, the City Council approved allocating $56,333 of the Public Facilities funds for improving curb ramp and sidewalk improvement infrastructure at the intersection of Alder Street and Farroll Avenue near Harloe Elementary to aid accessibility for residents with disabilities. Last year, Public Facilities funds were allocated to add City standard sidewalk and construct an ADA accessible curb ramp at the corner of Virginia Drive and S. Halcyon Rd.

Staff is again proposing to use CDBG funding to improve curb ramp to ADA standards adjacent to streets being paved. The replacement of existing curb ramps will be done in conjunction with scheduled pavement improvements, which are anticipated to occur in 2024. The use of CDBG funding furthers the objectives of the federal program while also allowing for the most efficient use of City’s Pavement Management Program budget.

Housing Rehabilitation
The City did not receive any requests for housing rehabilitation projects.

Economic Development
The City did not receive any requests for economic development projects.

Area Benefit
The City did not receive any funding requests for this category.

Administration/Planning and Capacity Building
Planning and capacity building funds are limited to a 20% cap of the total CDBG funding available. Pursuant to the Cooperation Agreement between the County and the City, 65% of the available funds for planning and capacity building/administration, or $10,646, will be deducted by the County to meet its obligations under the terms of the agreement for administrative costs. The remaining 35% of the total available funds, or $5,732, is recommended to be allocated for administration of the CDBG funded projects.

ALTERNATIVES:

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

1. Conduct a public hearing and approve preliminary funding for the CDBG programs for the Year 2024, as proposed in Table 1 on page 2 of this staff report;

2. Conduct a public hearing and modify and approve preliminary funding for the CDBG programs for the Year 2024; or

3. Provide other direction to staff.

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Item 12.b.

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ADVANTAGES:

The recommended 2024 CDBG allocations fund important City priorities and are consistent with the Cooperation Agreement between the County and City. The City’s Community Service Grant Program provides an additional funding opportunity, separate from CDBG, for local public service programs that address unmet needs in the community.

DISADVANTAGES:

There are no disadvantages identified at this time.

ENVIRONMENTAL REVIEW:

The preliminary approval of allocations from the 2024 CDBG program 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).) The allocation of funding itself will have no effect on the environment and environmental review will be conducted for each of the projects funding through this program.

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. Cooperation Agreement

2. 5CHC Application

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,,._g

A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS

OBISPO AND THE CITY OF ARROYO GRANDE FOR JOINT PARTICIPATION

IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE

HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY SOLUTIONS GRANT PROGRAM FOR FISCAL YEARS 2024 THROUGH 2026 THIS COOPERATION AGREEMENT is made and entered into on the date and year last written below, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "County," and the City of Arroyo Grande, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "City;" jointly referred to as "Parties".

WITNESS ETH
WHEREAS, in 1974, the U.S. Congress enacted, and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act." The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and
WHEREAS, Title I of the Act is entitled "Community Development" and governs programs for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services, and public works programs; and
WHEREAS, the Community Development Block Grant Program
(hereinafter referred to as "CDBG"), the HOME Investment Partnerships Act Program (hereinafter referred to as "HOME"), and the Emergency Solutions Grant Program (hereinafter referred to as "ESG") are consolidated under Title I of the Act; and
WHEREAS, the County has requested of the federal Department of Housing and Urban Development, hereinafter referred to as "HUD," designate the County as an "urban county;" and
WHEREAS, the County needs to requalify as an urban county and will be eligible to receive CDBG funds provided that the County's entitled cities 1 of 15
ATTACHMENT 1

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COUNTY OF SAN LUIS OBISPO

DEPARTMENT OF SOCIAL SERVICES

HOMELESS SERVICES DIVISION
2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 1 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Please submit Application by email to [email protected]. All submissions must be made electronically, no paper applications will be accepted. Application must be received no later than Sunday, November 5, 2023, at 9 pm.

I. PRIMARY APPLICANT INFORMATION (LEAD AGENCY)
Organization Name
Type of Organization Non-Profit For Profit Gov’t/Public Other:

UEI Number
Contact Person/Title
Finance Contact (if different)
Phone Number
Email
Address
City, State, Zip
Date of Incorporation
Is the organization faithbased? Yes No
Annual Operating Budget
Number of Paid Staff
Number of Volunteers
II. FUNDING DETAILS
Please identify all funding
sources being requested:

Select all that apply; you will be
required to fill out additional
details for each source requested.

Community Development Block Grants (CDBG)
Emergency Solutions Grants (ESG)
Permanent Local Housing Allocation (PLHA)
HOME Investment Partnership Program (TBRA ONLY)
County General Funds Support (GFS)
Total Funding Requested $______________________
ATTACHMENT 2
5CITIES HOMELESS COALITION KR8JGGKBKEP9 Janna Nichols, Executive Director 805-574-1638 [email protected] P.O. Box 558 (100 S. 4th St) Grover Beach, CA 93483 March 3, 2009 ■ $6,406,867 35150407,358

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 2 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] III. APPLICANT CAPACITY

1. Describe the applicant’s history of receiving and managing grants from County/State/Federal sources.

2. Briefly describe your organization’s auditing requirements, including those for the proposed project. (As outlined in 2 CFR § 200.500)

3. Describe how the organization participates in HMIS, Coordinated Entry, and the San Luis Obispo County Continuum of Care.

Currently 5CHC is contracted through 36 local, federal and state grants to provide more than $6 million in services. Through multiple grant monitoring activities to review 5CHC program and expenditure compliance for all local, state and federal grants, 5CHC has consistently received high praise for program quality and outcomes; reporting; compliance; and timeliness; and has never received a significant finding in an audit. Through CARES Act CV funds, 5CHC expended more than $5 Million in services and facility development since 2021, including subcontracting with multiple other providers and ensuring their compliance.
5CHC is timely in providing required reports and its billing process, meeting all required expenditure deadlines. 5CHC's outcomes consistently exceed agreed upon program metrics. Please note the various attachments we have included under section 10: policies, procedures, intake forms, file check lists, outcomes and program reports.

The rules governing ESG require that 5CHC, as a subrecipient, comply with all applicable federal laws, statutes, and regulations (which include but are not limited to the ESG Program Interim Rule (24 CFR Part 576) and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). 5CHC annually engages and independent audit, and beginning in 2021-22 (due to increased federally sourced income) underwent a more rigorous Single Audit (attached). 5CHC's Single Audit for 2022-23 currently in process, and expected to be completed by Dec. 31, 2023. 5CHC has participated in HMIS since 2014 and has dedicated staff to this fulfill this activity in addition to program staff. In the past year more than 5 5CHC staff members have worked with the County to assess and invest in a new HMIS system, including the current implementation task force. The agency’s Executive Director is currently serves on HSOC, and its committees and served on the steering committee for the County's Homeless Services Strategic Plan and the County's HMIS Restructuring Steering Committee .

Beginning in 2019 5CHC joined with CAPSLO to participate in Coordinated Entry as a key intake partner.

Annually 5CHC has far exceeded the number of CE's completed per contract requirements. To date for the current fiscal year (first 5 months), 5CHC has completed more than 200 CE intakes. 5CHC has also invested in the development of a secure document sharing system, ShareFile, to enable inter-agency service coordination and referral to 5CHC's housing support programs.

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 3 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

4. Briefly describe your agency’s record keeping system with relevance to the proposed project.

5. Describe the organization’s experience delivering related programs/projects.

6. Identify all budgeted funds for homelessness-related services and housing opportunities.

Include leveraged funding in the budget attachment to exhibit financial sustainability of the project beyond the grant term if awarded.

Does your organization comply
with the Generally Accepted
Accounting Principles?
Yes No
IV. PROPOSED PROJECT and PROJECT DETAILS
Name of proposed
project
Project/Program
address(es)
5CHC employs a dedicated HMIS Data Manager to ensure quality compliance and track client outcomes.

This position is supported with three finance employees, including one charged with Grants Management for accountability of expenses and fulfillment of grant commitments. The agency's Associate Director is responsible for authorizing all funding requests and reporting on program outcomes. With each program activity case managers report to a Program Manager for supervision and oversight; including client eligibility and case file review . The agency's Executive Director is directly engaged in initial program development, and efforts to provide services on a regional basis. 5Cities Homeless Coalition has successfully provided rapid re-housing and homeless prevention programs since 2015. Through CARES Act CV funds, 5CHC will invested more than $900,000 last fiscal year in RRH and HP activities. Currently 5CHC is under contract or has been awarded 13 local, state and federal grants to provide RRH and HP services.
• Funds Requested (Amount and Source): ESG $151,945; HOME $81,531; GFS $81,549; CDBG – AG $13,095, Atas $4,667, MB $3,500, PR, $16,333, PB $5,238, SLO $20,333, County $29,167 • Leveraged funds: 5CHC Match $151,945; $20,382.75; Additional Local Grants & Contributions $200,000 San Luis Obispo County Rapid Re-Housing/Homeless Prevention 100 S. 4th Street, Grover Beach, CA 93433 Page 259 of 301 2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 4 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Areas served City of Arroyo Grande City of Atascadero
City of Pismo Beach City of Paso Robles
City of Morro Bay City of Grover Beach
City of San Luis Obispo Countywide
Unincorporated communities of

7. Provide a brief narrative of the proposed project including projected outcomes. How would you describe your project to the public in one paragraph?

8. Is this effort new, continuing, or expanding? Please describe.

9. Describe how the project will align with the Lines of Effort to support the San Luis Obispo Countywide Plan to Address Homelessness (2022-2027). List and describe as many that are applicable.

Check any specific
population(s)
expected to be
served through this
project:

Adults with children
Adults without children
Elderly/Senior
Parenting Youth
Chronically Homeless
Veterans
Domestic Violence Survivors
Persons with Disabilities
Unaccompanied Youth (under 25 years of age)
Individuals with Co-occurring Disorders (Substance Use and Mental Health) 5CHC's Housing Program braids available funding sources and with multiple sources of funds, 5CHC is able to target funds with differing eligibility criteria in order to maximize their use to serve those with the highest needs and greatest number possible. 5CHC’s housing and stabilization services including landlord cultivation,case management support, and subsistence payments for rent, application fees and deposits to individuals, following a coordinated entry assessment and progressive engagement model. With these activities we will work to quickly identify and resolve barriers to gaining or maintaining housing.

This is a continuing effort. 5CHC has been successfully administering Rapid Re-housing and Homeless Prevention programs since 2015. 5CHC is currently under contract or has been awarded more than 10 local, state, and federal grants to provide RRH and HP services.

The proposed project directly supports the following Lines of Effort:

Line of Effort 2: Focus efforts to reduce or eliminate the barriers to housing stability for those experiencing homelessness or at risk of homelessness, including prevention, diversion, supportive services, and housing navigation efforts.

Line of Effort 3: Improve and expand data management efforts through HMIS and coordinated entry system to strengthen data-driven operational guidance and strategic oversight. 5CHC actively participates in HMIS and Coordinated Entry and seeks to support efforts through accurate and timely data collection to inform data-drive operation guidance and determine program success.

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DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 5 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

10. How does your program/service complement and collaborate with existing efforts in the County? Describe how the program/project will increase capacity of services/housing for persons experiencing homelessness and at-risk persons in the County.

11. Describe any consultation with local jurisdictions to gain support for the project. Describe any support you have from local jurisdictions.

12. Name partner agencies as applicable and describe how they will be participating in the delivery of the proposed activity.
5CHC Homeless Services program is integrated in the local Continuum of Care, focusing on collaboration and strategic action. 5CHC is a key participant in the Coordinated Entry System receiving referrals community partners throughout the compendium of services. Additionally, 5CHC staff participate in HSOC at all levels and regularly participate in evidence-based trainings (Mental Health First Aid, etc.) 5CHC also has a program of providing staff trainings monthly with other service professionals and partner agencies. 5CHC seeks to streamline services through collaborative work with service providers throughout the County. By coordinating efforts and providing consistent services throughout the County, 5CHC ensures the ability to maximize resources and prevent duplication of services and benefits.

While 5CHC did not secure letters of support for this application, each City in the County (with the exception of Atascadero) has supported 5CHC RRH and HP activities through its CDBG allocation. In addition the Cities in South County ()A.G., GB, and PB) each contribute through other grant or GF support. 5CHC engages with a broad spectrum of community partners to assist those needing housing assistance. In particular 5CHC, ECHO and CAPSLO, as part of the coordinated entry system. However, with the influx of COVID funding the last two years, 5CHC has built an even more extensive referral network consisting over more than 10 partner agencies, including CAPSLO, ECHO, Transition Mental Health Association, the Housing Authority of San Luis Obispo, Lumina Alliance, San Luis Obispo Legal Assistance Foundation, and Family Resource Centers throughout the County. 5CHC has become the hub for Rapid Re-housing and Homeless Prevention services, serving clients from San Miguel to Cambria to Nipomo with the help of our partners. Agencies refer prospective clients to be screened for eligibility for for RRH/HP assistance through 5CHC; this referral network has allowed us to maximize our resources, coordinate efforts, and avoid duplication of services and benefits.

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 6 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

13. Describe how you will ensure that the proposed project is accessible to communities of color which are disproportionately impacted by homelessness, particularly Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities. If you have previously received a grant to serve any of the affected communities, please provide a brief description of those grant activities and the outcomes you achieved.

Indicate the predicted performance outcomes listed below.

If not applicable, mark N/A or zero.

Number of unsheltered persons to become sheltered:

Number of people experiencing homelessness to be entering permanent housing:

Number of people experiencing Chronic Homelessness served:

Number of persons At-Risk of Homelessness served:

Number of Unaccompanied Youth served:

Number of Youth At-Risk of Homelessness served:

Number of persons in families with children served:

Total:

Number of persons to be served by facility or program during the program year:

V. CDBG – if requesting CDBG funds
Amount of CDBG Funds
Requested $______________________
Please indicate the amount
you are requesting for each
jurisdiction
Arroyo Grande $________________
Atascadero $________________
Morro Bay $________________
Paso Robles $________________
Pismo Beach $________________
San Luis Obispo $________________
County $________________
5CHC has a policy of promoting inclusiveness and diversity to enrich its programmatic effectiveness. 5CHC's has a strong record of collaborating across systems to identify and serve those most in need by partnering with diverse community groups. 5CHC is a member of the Diversity Coalition San Luis Obispo County. 5CHC is currently participating with the Central Coast Regional Equity Initiative, under the leadership of the Community Foundation and the UCSB Blum Center. As an example, 5CHC partnered in the 2020 Census, was a member of the County's COVID Task Force, and currently partners with UndocuSupport fund - in each case joining a robust network of public and private agencies to reach these same hard-to-reach populations. ).

N/A 40 HH 22 HH 62 HH
N/A 92,333 13,095 4,667 3,500 16,333 5,238 20,333 29,167

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 7 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected] Estimated number of
unduplicated persons or
households to benefit from
CDBG funds
Persons: ________
Households: __________
Please select the national
objective that best applies to
the proposed project.

Low/Moderate Income
Urgent Need (e.g., after a natural disaster)

LOW/MODERATE INCOME
Select which criteria the
proposed project intends
to qualify under to meet the
Low/Moderate Income objective
Area Benefit
Low/Moderate Income Clientele
Limited Clientele
Housing
Jobs/Micro-Enterprises
N/A – Low Moderate Income NOT Selected
Identify all eligible activities
that apply to the proposed
project.

Public Services (General)
Operating Costs of Homeless/AIDS Patients Programs
Senior Services
Handicapped Services
Legal Services
Youth Services
Transportation Services
Substance Abuse Services
Services for Battered and Abused Spouses
Crime Awareness or Neighborhood Cleanups
Fair Housing Activities
Tenant/Landlord/Housing Counseling
Child Care Services
Health Services
Services for Abused and Neglected Children
Mental Health Services
Subsistence Payments, Homeless Assistance, Rental Housing Subsidies or Security Deposits
Job Training and Job Placement Services
Assistance to microenterprises (technical assistance, business support services, and other similar services to owners of microenterprises or persons developing microenterprises)

14. Explain how the proposed project meets the selected National Objective. 37 16
Assistance will be provided to benefit a clientele who are generally presumed by HUD to be principally L/M income persons - those who are homeless. This population is among those who are currently presumed by HUD to be made up principally of L/M income persons: Reference: §570.208(a)(2)(i)(A) Additionally, as some assistance will be provided to those of imminent threat of homelessness, 5CHC's program additionally requires information on family size and income so that it is evident that at least 51% of the clientele are persons whose family income does not exceed the L/M income limit. Reference:
§570.208(a)(2)(i)(B) and (C)

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 8 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

15. Will the services offered by your organization increase or expand as a result of CDBG assistance? If yes, explain.

16. If your project serves any of the presumed benefit populations under the Low/Moderate Income national objective, please describe how the project will directly benefit the populations identified.

VI. ESG – if requesting ESG funds
Amount of ESG Funds
Requested $______________________
Identify all eligible activities and their amounts that apply to the proposed project Emergency Shelter $________________ Approximate Persons Served: _____________ Street Outreach $________________ Approximate Persons Served: _____________ Rapid Re-Housing $________________ Approximate Persons Served: _____________ Homeless Prevention $________________ Approximate Persons Served: _____________ HMIS $________________
Based on our request of $92,333 compared to a current grant of $41,871; we anticipate serving not less than 10 additional households. Our current contract calls for serving 6 households with $41,871. With the $50,000 increase requested, we seek to provide assistance to not less than 16 households. That said, our track record to maximize use of these funds has traditionally resulted in actual outcomes more than 30% above goal. With these funds, we would seek to do the same, while ensuring that families housing is stabilized and they have the resources to maintain their housing.

Through the Coordinated Entry assessment, clients are asked whether they are homeless, length of time homeless, etc.
151,945 69,487 26 68,557 14 13,901

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 9 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

17. ESG Matching Funds (1:1 match required)
Sources:
$
$
$
$
$
$
$
$
Total $
VII. PLHA – if requesting PLHA funds
Amount of PLHA Funds
Requested $______________________
Estimated number of
unduplicated persons or
households to benefit from
PLHA funds
Persons: ________
Households: __________
Identify all eligible activities
that apply to the proposed
project.

Rapid Re-housing
Rental Assistance
Supportive/Case Management
Operating and Capital Costs for Navigation Centers
Operating and Capital Costs for Emergency Shelters
Operating and Capital Costs for New Construction, Rehabilitation, and Preservation of Permanent and Transitional Housing
PRIVATE CASH DONATIONS 151,945

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 10 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

18. Describe all eligible activities that apply to the proposed project.

Must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An applicant allocated funds for the new construction, rehabilitation, and preservation of permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).

VIII. HOME – if requesting HOME funds (TBRA ONLY)
Amount of HOME Funds
Requested $______________________
Estimated number of
unduplicated persons or
households to benefit from
HOME funds
Persons: ________
Households: __________
Provide proposed funding amounts and approximate number of households to be served:

Rental Subsidy $________________ Approximate Persons Served: _____________ Utility Subsidy $________________ Approximate Persons Served: _____________ Security and Utility Deposits $________________ Approximate Persons Served: _____________

19. Please describe your organization’s client application, intake, and preliminary assessment process.

Please provide a sample of client intake documents, as applicable, in the attachments section. $81,531 32 14 40,526 16 41,005 16
5CHC is a member of the Coordinated Entry collaborative, a system utilized by Homeless Service Providers throughout the County that provides a standardized intake assessment and referrals to ensure a more consistent and streamlined experience for those seeking services. During this initial intake, clients complete a comprehensive needs assessment, identify barriers to employment or housing, and develop an immediate action plan. Additionally, this assessment provides an opportunity to identify what services or resources a client is already connected to in an effort to reduce duplication of services. Clients are screened for homeless status (homeless certification forms) and income eligibility.

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 11 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

20. Describe your organizational collaboration with other local organizations to assist TBRA income eligible households.

HOME Matching Funds (25% match required)
Sources:
$
$
$
$
$
$
$
$
Total $
IX. GFS – if requesting GFS funds
Amount of GFS Funds
Requested $______________________
Estimated number of
unduplicated persons or
households to benefit from
GFS funds
Persons: ________
Households: __________
Identify all eligible activities
that apply to the proposed
project.

Emergency Shelters
Warming Centers
Safe Parking
Street Outreach
Essential Services for Persons Experiencing Homelessness Tenant Based Rental Assistance (TBRA)
5CHC engages with a broad spectrum of community partners to provide housing assistance. In particular 5CHC, ECHO and CAPSLO, as part of the coordinated entry system. Additionally, 5CHC has built an even more extensive referral network consisting over more than 10 partner agencies, including CAPSLO, ECHO, Transition Mental Health Association, the Housing Authority of San Luis Obispo, Lumina Alliance, San Luis Obispo Legal Assistance Foundation, and Family Resource Centers throughout the County. 5CHC has become the hub for Rapid Re-housing and Homeless Prevention services, serving clients from San Miguel to Cambria to Nipomo with the help of our partners. Agencies refer prospective clients to be screened for eligibility for for RRH/HP assistance through 5CHC; this referral network has allowed us to maximize our resources, coordinate efforts, and prevent duplication of services and benefits. Private Cash Donations 20,382.75 81,549 32 14

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2024 NOFA – Public Services Application
DEPT OF SOCIAL SERVICES - P.O. BOX 8119 | SAN LUIS OBISPO, CA 93403 | PAGE 12 OF 12 www.slocounty.ca.gov/Departments/Social-Services/Homeless-Services.aspx | [email protected]

21. Describe all eligible activities that apply to the proposed project.

X. Attachments
Attachment A – Budget, Leveraged-Funds, and Budget Narrative (Required) Please attach a Budget and Budget Narrative for the project for which you are applying. The budget narrative should include FTEs to be provided. Please include the value of any matching funding.

Attachment B – Timeline (Required)
Attach a timeline for key steps of project implementation.

Attachment C - Most Recent Audit (Required)
Attachment D - Proof of Active SAM.gov Registration (Required) Attachment E – Incorporation Documents (Required)
Attachment F – CDBG Acknowledgements (Required if Applicable) Attachment G – Organization Mission Statement (Required) Attachment H – Match Certification Letter (if applicable) 1:1 match required for ESG; 25% match required for HOME TBRA Attachment I – Client Intake Forms (if applicable)
Attachment J – Letters of Support (Optional)
Please attach any letters of support or commitment from local governments or community partners.

Attachment K – Supplemental Answers to Questions (Optional) If you need more room to answer any of the application questions, please attach additional information here.

Include the question number for each question being answered.

For other additional or optional attachments, please label them clearly (e.g. Attachment L – “Title”).

XI. APPLICATION SUBMISSION:

Applications and accompanying documents are due to Homeless Services Division, Department of Social Services by 9:00 pm on November 5, 2023.

Electronic Copy – email to [email protected] Subject line: 2024 NOFA Public Services Application – (Applicant Name) 5CHC seeks to administer TBRA funds to eligible residents throughout SLO County. 5CHC has administered homeless prevention programs, including subsistence payments and rental subsidies for many years.

However, in recent years, rising rental costs have impacted local residents that are median wage earners. 5CHC is no longer just seeing extremely low income households seeking assistance and served through ESG HP, but rather low-moderate wage earners are seeking our assistance daily. It is vital we are able to provide quick and early intervention to these households; the majority are able to stabilize within 3 months of TBRA assistance.

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Item 12.c.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies
DATE: December 12, 2023
SUMMARY OF ACTION:

The purpose of this discussion is for the City Council to consider authorizing the Community Development Director to grant targeted fee reductions or related reimbursements for specific building fees, related to the repair or reconstruction of homes damaged by flooding in 2023 during the City’s declared local emergencies, and to make findings articulating the public purpose associated with that action. If Council concurs with staff’s recommendation, a resolution effectuating that intent would come back on consent at a future meeting.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Staff time and resources for review of the discussion item are funded from the General Fund. This item is brought to Council based on a request for a waiver of building permit fees from homeowners on 262 Tally Ho Road. Fees associated with staff’s review of the subject building permit application at 262 Tally Ho Road, and inspection of that specific building during construction, total $13,551.24. Depending on the direction from City Council, fee waivers associated with other flood-damaged residences would also be funded from the General Fund. Initially, staff estimates that there is the potential for 1-2 additional residences that could need significant reconstruction resulting from the January 2023 storm event. The potential building permit fees for reconstruction of these homes would be approximately $14,000 depending on square footage and design. The City contracts with a building plan-check and inspection firm. The fees for these services are offset by individuals who apply for building permits and pay the associated fees.

RECOMMENDATION:
1) Authorize the City Manager to take all actions necessary to approve waivers for 50% of the total amount of demolition, building permit, and inspection fees, for homes that were red or yellow tagged and thus damaged due to flooding occurring in 2023 during the City’s

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Item 12.c.

City Council
Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023 Declared Local Emergencies
December 12, 2023

Page 2 ends

locally declared emergencies; 2) Find the public purpose contained within this Staff Report supports the contemplated waivers; and 3) Determine that the discussion item is not a project subject to the California Environmental Quality Act (“CEQA”) because it has not 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:

On January 4, Governor Newsom issued a Proclamation of a State of Emergency relating to severe winter storms and a series of atmospheric river systems that struck California beginning December 27, 2022, bringing high winds, substantial precipitation, and river, stream, and urban flooding. Storm events starting in December, 2022 resulted in two City Council-ratified local emergencies in winter and spring 2023.

On January 8, 2023, the President of the United State declared that an emergency existed in the State of California relating to severe winter storms, flooding, landslides, and mudslides. The Presidential Emergency Declaration makes residents in impacted counties who had damage or losses from the storms eligible to apply for federal disaster assistance. On January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms became eligible to apply for Federal Emergency Management Agency (FEMA) disaster assistance.

On January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms.

In the City of Arroyo Grande, due to the recent flooding events, seven (7) properties were “red-tagged,” meaning that the City’s Building Official deemed the residences as unsafe to occupy due to flooding and/or structural damage to the homes. Additionally, one (1) property was “yellow-tagged” meaning that the City’s Building Official identified damage but did not deem it unsafe to occupy. A few weeks following the storm event on January 24, 2023, the City Council passed Resolution 5259 (Attachment 4), which proclaimed and confirmed the existence of a local emergency, as issued by the Emergency Services Director/City Manager on January 18, 2023, and waived demolition permit and inspection fees for residents that experienced flooding resulting from the emergency. A demolition permit fee is $377.12, and this fee was waived for those Tally Ho properties that pulled demolition permits. On March 14, 2023, the City adopted a resolution declaring a continued local emergency related to the January 2023 storm events.

On January 23, 2023, the City received and approved an application to demolish one (1) of the damaged homes at 262 Tally Ho Road. On August 4, 2023, the City received an application to reconstruct a single-family home of the approximate same size as the one that was demolished. The property owner requested a fee waiver on October 10, 2023 via e-mail, attached to this item. City staff let the applicant know that fees would need to

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be paid upfront to issue the permit, but that staff would consider bringing the fee waiver request to the City Council for direction and that at that time, there was no indication that the City Council would support such a fee waiver. Subsequently, the discussion evolved after hearing from community stakeholders and after further research on other local communities’ response to fee waiver requests, and staff determined that a discussion at the City Council was warranted.

ANALYSIS OF ISSUES:

Fee Waiver Request
In an e-mail to the City Manager on October 10, 2023, Jen Kaplan requested that the City consider a reduction in their building permit fees due to financial hardship as a result of the January 2023 storm event (Attachment 1). The Kaplan residence had to be demolished due to flood damage, and they had to move out of their home. 1-2 other residences suffered significant damage that could have similar rebuilt costs associated with the storm event. The Kaplans noted that the rebuild will take 12-18 months, during which time they remain responsible for related costs. The homeowners submitted a building permit application for the reconstruction and paid all building permit fees. The City’s permit fees include plan review and inspection, and based on the square footage of the structure totaled $13,551.24. On November 16, 2023, the property owners paid fees totaling $13,551.24 for the review of the building plans and inspections associated with reconstruction of the flood damaged home.

City Ordinances regarding Fee Waivers
After evaluating all available options, staff determined that they are unable to reduce or waive the fees for the Kaplan building permit, as the Arroyo Grande Municipal Code does not specifically authorize any City staff to grant an administrative fee waiver for building permits (Attachment 2 – Staff Response to Request). Staff also investigated whether a portion of the City’s FEMA funding could be used to offset building permit fees, but federal regulations prohibit the City from using that funding for projects located on private property.

Staff determined that the City Council has the authority to grant fee waivers for building permits. As stated above, the City Council previously approved Resolution 5259 to waive demolition permit and inspection fees for residents and businesses who experienced flooding resulting from the January 9th storm event. The City Council has the authority to similarly waive the fees for other building permit fees by resolution.

In terms of potential City costs associated with waiving building permit fees, staff found that there is at least 1-2 additional residences (268 and 300 Tally Ho) with significant flood damage that could potentially require a complete rebuild similar to 262 Tally Ho (Kaplan residence). The total permit cost for each residence would likely be in the range of the Kaplan’s permit cost of $13,551.24. Several other homes on Tally Ho sustained more

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minor flood damage and obtained demolition permits to remove drywall and insulation.

These demolition permit fees were waived by the City in accordance with Resolution 5259.

Other Local Jurisdiction Fee Waivers
There has been a mix of responses in the approach other local jurisdictions have taken when evaluating fee waiver requests for reconstruction permits related to the 2023 flooding/storm events. On August 22, 2023, the City of Morro Bay approved a resolution temporarily reducing building and planning permit fees by fifty percent for properties damaged by the 2023 winter storms (Attachment 3). That 50% reduction is what City staff used in crafting its own recommendation for this item. Morro Bay’s fee reduction was approved to run through the end of 2023 and be available to those who could demonstrate that other sources of recovery dollars such as FEMA and homeowners’ insurance were insufficient to cover costs of repair and permitting. The San Luis Obispo County Department of Planning and Building staff used an established administrative fee waiver process to waive permit fees up to $5,000 each for property owners that reported damage through FEMA. Several other cities (Paso Robles and San Luis Obispo) had areas of flood damage to residential property but did not approve waivers or reductions to building permit fees.

Findings Regarding Building Permit Fee Waiver in Arroyo Grande Waiver or reimbursement of building permit fees for those homes damaged by the 2023 storms and associated flooding must be supported by a public purpose. Staff identifies two public purposes supported by this fee waiver: (1) maintain housing availability and stock in times of emergency, and (2) restore blighted neighborhoods by reducing barriers to reconstruction or repair of storm-damaged homes. California currently suffers from housing shortages and flooding of homes reduces available housing stock. Authorizing reductions in fee waivers helps facilitate individuals to return to homes from which they were displaced during flooding events, thereby returning rentals to the market.

Additionally, costs of home repair may be so significant that the monetary barrier can act as a disincentive from conducting such repair. Natural disasters like flooding represent an unexpected and unplanned expense that can significantly constrain homeowners’ ability to pay for these repairs. Thus, waiver or reimbursement of building permit fees serves substantial public purposes, and the benefits of the program to private individuals are incidental to the public benefit.

The City must also support its decision to waive or reimburse fees for homeowners who cannot occupy their homes due to the 2023 storms rather than those who have not been as drastically impacted. Similar to the public purpose findings above, those who were required to leave their homes due to flooding have sudden unexpected costs and may

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experience housing insecurity which justifies treating them differently than those not impacted by the 2023 storms.

Constraints and Requirements of Fee Waiver Reduction or Reimbursement Staff recommends a variety of constraints on the ability to seek a fee waiver reduction or reimbursement for building permit fees that could be incorporated into a formal resolution the City Council could approve on consent at a subsequent meeting. These include:

A. Limiting the fee waiver to 50% of the total amount of the associated demolition, building permit, and inspection fees for the impacted properties.

B. The home must have been “red-tagged” or “yellow-tagged” during the 2023 storms and City’s declared local emergencies related to those weather events.

C. The time to seek a reimbursement or fee waiver reduction should be limited to 90 days or less (from the adoption a resolution), unless the applicant provides evidence beyond their reasonable control to apply within the time limit. Notice will be provided to eligible households.

D. The applicant must provide proof of ownership of the home and proof that the home is their primary residence. Proof of homeownership shall require a stamped grant deed filed with the county recorder. Acceptable proof of primary residency will include: an active voter registration, a valid driver’s license, or other governmentissued documentation with both the property owner’s name and the property address damaged or destroyed by the 2023 storms.

E. All those listed on the deed must sign an acknowledgement that the City of Arroyo Grande makes no representations regarding how the property owner’s acceptance of the fee waiver may impact insurance payments or potential recovery through federal disaster relief programs. Additionally, property owners receiving a fee waiver or reimbursement must waive all potential claims by themselves or any third party against the City of Arroyo Grande based on insurance payments or federal disaster relief program payments to the same address.

F. The applicant must provide evidence to the satisfaction of the Community Development Director that other sources of recovery dollars (FEMA, Homeowners insurance), when taken together, are insufficient to cover the cost of repair, reconstruction, and permitting, or alternatively, that such other sources refuse to cover the cost of repair, reconstruction, and permitting.

G. The fee waiver shall not be transferrable to any other property owner. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who files the proof of primary residency at the time of the 2023 January/March flood events. All fees that were waived must be paid to the City before a Certificate of Occupancy is issued to an owner other than the one listed on the fee waiver.

H. Authorize the City Manager to impose any additional conditions or modify the listed conditions as necessary or proper to effecting and administering the fee waiver.

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ALTERNATIVES:

1. Adopt the findings contained in the staff report for a 50% waiver for demolition, building permit, and inspection fees for homes “red-tagged” or “yellow-tagged” due to 2023 flooding during the City’s local declared emergencies, including staff’s recommendation on the underlying public purpose and CEQA, and authorize the City Manager to take all incidental actions necessary to achieve the objectives discussed herein; or

2. Provide other direction to staff.

ADVANTAGES:

Waiver of the fees associated with this action could assist a group of similarly situated homeowners with reconstruction costs resulting from extreme weather events; thereby allowing this neighborhood to continue to improve in its orderly development; however, the City will fail to recoup its whole set of adopted, applicable fees as described below.

DISADVANTAGES:

Waiving the fees associated with this action will result in the City providing building services without full cost recovery. Additionally, there are precedent-setting issues related to future emergencies that will have widespread private property damage such as slope failures and earthquakes, as well as more minor private property damages such as structural damage due to high wind events. Depending on future emergencies, these could significantly impact the City’s General Fund budget. However, the targeted and focused list of findings and constraints on page 5 and 6 of this staff report are intended to limit any type of fee waiver to a specific time frame that includes and ending date and criteria that correlate to a scope and event.

Not allowing a fee waiver or reduction would require property owners to fully fund building permits associated with reconstruction of residences damaged by the 2023 storm events.

ENVIRONMENTAL REVIEW:

This discussion item 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. The reconstruction of a flood damaged single-family residence is a ministerial project and therefore is also not subject to CEQA.

Alternatively, the discussion item 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.

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Item 12.c.

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ATTACHMENTS:

1. Fee waiver request from Jen Kaplan (e-mail)

2. Staff Response to Request (e-mail)

3. City of Morro Bay Resolution 54-23

4. City of Arroyo Grande Resolution 5259

5. Aerial photo of the subject property

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From: Jen Kaplan < >
Sent: Tuesday, October 10, 2023 10:35 AM
To: Bill Robeson <[email protected]>
Subject: Tally Ho Permit
Dear Bill,
I am writing to ask the City of Arroyo Grande to please consider a reduction in our permit fees due to the financial hardship we are experiencing as victims of the January flooding. I am a resident of Tally Ho and have been affected by the creek overflowing and destroying my house/property two times in the past 10 years The first time we repaired our home and utilized mitigation factors which we thought would be sufficient to avoid another flood, however after the destructive storms of this past winter, the creek overflowed twice - in January and March which completely destroyed our home. We cannot repair our home this time, we have had to demolish it and will need to rebuild it.

We have been displaced since January and we are not expected to have our home rebuilt for 12-18 more months. We have 3 school aged children, and this has been traumatizing and completely disruptive to our lives as you can imagine. We lost our home, furniture, and personal belongings. We currently have a major gap in funding for our rebuild due to a low insurance payout, and what we have been approved for through a construction loan My husband and I are both Cal Poly graduates and work full-time. We are still having a hard time making ends meet.

The past 10 months have been devastating to our finances, family life and mental health We are not remodeling our home out of choice; we are forced to rebuild due to the devastating situation that occurred. We are paying for our rental and are still responsible for our mortgage. We need assistance. The City of Morro Bay is reducing permit fees for their residents that were affected If the City of Arroyo Grande received any emergency funding from the state or federal government, would you consider using that to cover or reduce our permit fees.

I appreciate this consideration and am hopeful for support in any way. I am happy to also come in and meet with you if you prefer
Jennifer Kaplan
On Aug. 22, the Morro Bay City Council voted to reduce those fees for building and planning permits by 50 percent for properties damaged by the 2023 winter storms. https://www.newtimesslo.com/news/morro-bay-reduces-permit-fees-for-property-ownersimpacted-by-floods-14266745 ATTACHMENT 1

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From: Bill Robeson
To: j
Cc: Brian Pedrotti; Andrew Perez; Patrick Holub
Subject: Permit fee waiver/reduction request
Date: Thursday, November 2, 2023 12:31:38 PM
Attachments: emaillogo 190eb98f-3dbf-4ac8-a0d6-5f778ed0ba4d1111111111111111111111111111111111111.png Hi Jen and Jon,
Thank you for your request to waive Building Permit Fees on the reconstruction of your flooddamaged home. We are sympathetic to the challenges this has caused your family.

However, after evaluating all available options, staff determined that we cannot reduce or waive the fees for your building permit (BLD23-000515). The City’s Municipal Code does not authorize any City staff to grant a fee waiver or fee reduction for building permits. Staff also investigated whether a portion of the City’s FEMA funding can be used to offset your permit fees, but federal regulations prohibit the City from using that funding for projects located on private property. Building Permit fees are not revenue generating, they are used to cover the cost of building plan checks and building inspections along with other associated staff time.

Only the City Council can grant fee waivers for building permits. The use of public funds to subsidize a private construction project compromises the City’s responsibility in managing our public budget/General Fund.

With this information, there has been no indication that the Council would support waiving or reducing fees for the replacement of a private single-family home that was damaged during the past January 2023 storm events. As staff, will make sure that we streamline the permitting process of rebuilding your home and help in any way possible. As you know from the recent status email from Patrick Holub from our office, plan check corrections were sent to your architect on 10/16. As soon as the corrections are returned to us, we will make sure to review the corrections from your architect that day or the next, and if adequate, we will issue the permit.

If you and your building team would like to meet our staff and Building Inspector just before you break ground or any time that would be helpful, we can coordinate a meeting time.

Lastly, we confirmed with the LMUSD that no “School Fees” will be assessed on your reconstruction permit.

Thank you.

Bill Robeson
Interim City Manager
City Hall, City of Arroyo Grande
Tel: 805-473-5408 |www.arroyogrande.org
300 E. Branch Street | Arroyo Grande | CA | 93420
City Hall Business Hours: M-Th 8:00 am - 5:00 pm; Fridays 8:00 am - 12:00 pm The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email or phone and delete the message. Please note that email correspondence with the City of Arroyo Grande, along with attachments, ATTACHMENT 2

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may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt by law.

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RESOLUTION NO. 54-23

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MORRO BAY, CALIFORNIA

TEMPORARILY REDUCING BUILDING AND PLANNING PERMIT FEES BY FIFTY PERCENT FOR PROPERTIES DAMAGED BY THE 2023 WINTER STORMS

THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay experienced significant rain events in January and March of 2023 resulting in Morro Creek and Little Morro Creek overtopping their banks and flooding adjacent nearby properties. Several properties were damaged as are result of the flooding resulting in a need for significant repair work; and WHEREAS, some property owners are still in the process of repairing their properties and others will be embarking upon that process soon; and WHEREAS, the City Council desires to assist in facilitating the needed repair work by reducing the City Planning and Building permit fees by fifty percent for repair work associated with the January/March 2023 flooding events. Such fee reduction furthers the general public benefit and welfare as the 2023 winter storms posed unprecedented and unexpected damage impacts upon community members that may not have been otherwise positioned or prepared for processing permits needed to rebuild or repair their properties; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as follows:

Section 1: Findings. Based upon all the evidence, the Council makes the following findings:

California Environmental Quality Act (CEQA)
A. Adoption of this resolution does not qualify as a project subject to CEQA because it constitutes (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines, §§ 15060(c)(3).) Moreover, the approval of the Resolution does not qualify as a “project” because it does not have a potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378(a).)
Section 2: Action. The City Council does hereby reduce the Planning and Building permit fees by up to fifty percent for properties damaged as a result of flooding experienced during the January/March 2023 flooding events subject to the following requirements:
2023-08-22 CC Meeting Page 150 of 211
ATTACHMENT 3

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2 1. Up to fifty percent of the City Planning and Building permit fees may be waived, but in no case can the fee reduction, when combined with insurance and/or FEMA reimbursement exceed the cost of construction.

2. Fee waiver request must be received no later than December 31, 2023.

3. All fees associated with post-approval revisions to the project's Planning Department approval or building permit issuance will be charged in accordance with the City's Adopted Fee Schedule.

4. Fee waivers are not transferable. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who files the proof of primary residency at the time of the 2023 January/March flood events. All fees that were waived must be paid to the City before a Certificate of Occupancy is issued to an owner other than the one listed on the fee waiver.

5. Property owners are eligible for a fee waiver if the property that was destroyed or damaged by the January and/or March flood events was their primary residence at that time. All applicants requesting a fee waiver must submit proof of ownership and primary residency and provide photo identification and documentation of primary residency that will be reviewed by City staff. Accepted proof for primary residency includes: an active voter registration, a valid driver license, or other government-issued documentation with both the property owner name and the property address that was damaged or destroyed by the January/March 2023 flood events.

PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on this 22nd day of August 2023 on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

CARLA WIXOM, Mayor
ATTEST

DANA SWANSON, City Clerk
2023-08-22 CC Meeting Page 151 of 211

Page 280 of 301 ends

RESOLUTION NO. 5259

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ARROYO GRANDE CONFIRMING THE EMERGENCY

SERVICES DIRECTOR' S PROCLAMATION OF

EXISTENCE OF A LOCAL EMERGENCY IN ARROYO

GRANDE AND WAIVING DEMOLITION PERMIT AND

INSPECTION FEES FOR FLOODED RESIDENTS
WHEREAS, California Government Code section 8630 and Section 8. 12.060 ( a) of the Arroyo Grande Municipal Code empower the Emergency Services Director/ City Manager to proclaim a local emergency if the City Council is not in session; and WHEREAS, California Government Code section 8630 requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, pursuant to the provisions of Government Code section 8558( b), on January 4, 2023, the Governor of the State of California issued a Proclamation of a State of Emergency (" Governor' s Proclamation") relating to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter storms, flooding, landslides, and mudslides; and
WHEREAS, The Presidential Declaration makes residents in impacted counties who had damage or losses from the storms eligible to apply for federal disaster assistance; and
WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms may now apply for Federal Emergency Management Agency ( FEMA) disaster assistance; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and/or property have arisen within the City of Arroyo Grande as a result of severe storm weather conditions, including flooding and high winds, causing damage to public and private structures and facilities including multiple homes and residences within the City limits that experienced significant flooding, and related local emergency impacts throughout the City, as defined by California Government Code section 8558( c) ATTACHMENT 4

Page 281 of 301 ends

RESOLUTION NO. 5259
PAGE 2
beginning on or about December 27, 2022, and escalating in a manner warranting the proclamation of a local emergency, commencing on or about 8: 00 a. m. on the 4th day of January, 2023, at which time the City Council of Arroyo Grande was not in session; and WHEREAS, on January 18, 2023, the City Manager acting as the Emergency Services Director did properly proclaim the existence of a local emergency within the City commencing on or about 8: 00 am on January 4, 2023, due to the storm events that began on December 27, 2022.

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

1. The proclamation of existence of a local emergency, as issued by the Emergency Services Director/City Manager on January 18th, 2023, is hereby ratified and confirmed.

2. Demolition permit and inspection fees will be waived for residents and businesses who have experienced flooding resulting from this emergency.

BE IT FURTHER RESOLVED that the conditions constituting a local emergency emerged on or about December 27, 2022, and continued and escalated in a manner warranting a local emergency proclamation as of January 4, 2023, and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Arroyo Grande.

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

AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 24th day of January, 2023.

Page 282 of 301 ends

RESOLUTION NO. 5D51
PAGE 3

CAREN RAY RU
611 ,
MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

PIAt A
WHITNEY M 4. ONALD, CITY MANAGER
APPROVED AS TO FORM:

TIMOTHY,. CARMEL, ATTORNEY

Page 283 of 301 ends

OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5259 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24th day of January, 2023.

WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of January, 2023.

SSICA MATSON, CITY CLERK

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Subject Property - 262 Tally Ho
ATTACHMENT 5

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Item 12.d.

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Review and Approve Council Appointments to Regional and Local Boards and Committees
DATE: December 12, 2023
SUMMARY OF ACTION:

Review the list of Council appointments currently serving on the various regional and local boards and committees and determine if any reassignments are desired.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no fiscal impact associated with this action.

RECOMMENDATION:

Review the current list of appointments to those regional and local boards, commissions, and committees with Council representation, and: 1) Update the list of appointments and meeting information, maintain current Council assignments for the remaining boards, commissions, and committees, and reappoint Council members for the next one-year period, or 2) Update the list of appointments and meeting information for the remaining boards, commissions, and committees, reassign and approve new Council appointments to any of the regional and local boards and committees as desired; 3) Direct the City Clerk to update Fair Political Practices Commission (FPPC) Form 806 (Agency Report of Public Official Appointments) for posting on the City website; and 4) Direct staff to work with CCCE on a revised MOU, if necessary.

BACKGROUND:

Historically, after each election cycle, the Council makes appointments to the various regional and local boards and committees throughout the County that have Council representation. The Council also reviews the appointments annually. Options generally include filling vacancies, making reappointments, and/or selecting new assignments.

Once the appointments are approved by the Council, the names of the Council representatives are submitted to the respective agencies. The City Council’s past practice has been to determine board and committee assignments (primary representatives and alternates) through a process of discussion, consensus, and approval.

Page 286 of 301 ends

Item 12.d.

City Council
Review and Approve Council Appointments to Regional and Local Boards and Committees
December 12, 2023

Page 2 ends

Changes Made During Calendar Year 2023
A number of changes were made to the list of regional and local boards and committees during 2023 and include the following:

1. Updated name and meeting frequency for REACH’s Economic Development Roundtable (formerly SLO Advisory Commission);

2. Added the Mayor Pro Tem as alternate for the Central Coast Blue Regional Recycled Water Authority Board;

3. Updated meeting dates for Central Coast Community Energy Policy Board;

4. Removed Brisco/Halcyon Interchange Subcommittee due to Council action regarding the Project;

5. Changed Five Cities Fire Authority Board to Five Cities Fire Authority JPA Board, updated meeting schedule, and included two appointees;

6. Removed Arroyo Grande Business Meeting due to the South County Chambers of Commerce changing their meeting format;

7. Updated meeting schedule for the Tourism Business Improvement Advisory Board due to Council’s reorganization of the Board;

8. Updated the time of the Zone 3 Water Advisory Board meetings; and

9. Updated primary appointee to the Central Coast Community Energy Policy Board.

ANALYSIS OF ISSUES:

A current list of the regional and local boards and committees is provided for Council’s review, which sets forth the existing appointees (Attachment 1). Most of the regional agencies listed require the appointment of a primary representative and an alternate representative to its board or committee. There are a few exceptions in which the Mayor is required to serve as the primary representative on the board, and for which an alternate is not required. The appointments list identifies the specific board/committee, the frequency of meetings, the day, time, and location of the respective meetings, the staff representative (if applicable), and any requirements regarding the appointment. A description of each committee or board is included in Attachment 3.

Central Coast Community Energy (CCCE) Policy Board
On November 14, 2023, City Council appointed Council Member Guthrie to serve as the primary representative to the Central Coast Community Energy (CCCE) Policy Board for the next two-year term beginning December 1, 2023, and ending November 30, 2025.

This action is consistent with the existing Memorandum of Understanding (MOU) between the Cities of Arroyo Grande, Grover Beach, and Pismo Beach. When staff notified the Policy Board Clerk of the appointment for the next two-year term, staff were told that the term is January 1, 2024 – December 31, 2025. This is inconsistent with the current MOU.

The correction to the term is shown in Attachment 2 and staff is recommending Council provide direction to work with CCCE on a revised MOU, if necessary. Reappointment to the Board is not necessary.

Page 287 of 301 ends

Item 12.d.

City Council
Review and Approve Council Appointments to Regional and Local Boards and Committees
December 12, 2023

Page 3 ends

Tourism Business Improvement District (TBID) Advisory Board The TBID is a City Advisory Body charged with advising City Council regarding the administration and use of lodging assessment funds. The TBID is the only Advisory Body to have a member of the City Council appointed as a representative to the Board.

However, the Council Member is not a voting member and only reports out to Council any actions of the Board. This is inconsistent with practices for the City’s other Advisory Bodies (Planning Commission, Architectural Review Committee, Downtown Parking Advisory Board, and Community Service Grant Program Committee).

Staff is recommending the following updates to the appointments list:

1. Update CCCE Policy Board term to January 1 – December 31;

2. Remove TBID Advisory Board from the list of Boards and Committees.

These updates are shown as redlines in Attachment 2.

At this time, the Council may review and determine that no changes to primary or alternate appointments are desired and approve reappointments for the next one-year period; or the Council can rotate various primary or alternate assignments and make new appointments to any of the regional and local boards and committees.

Once all primary and alternate appointments are approved for reappointment, it is recommended the Council authorize the City Clerk to update FPPC Form 806, Agency Report of Public Official Appointments, which is used to report additional compensation that public officials receive when appointing themselves to positions on committees or boards of a public agency.

ALTERNATIVES:

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

1. Update the list of appointments and meeting information for the remaining boards, commissions, and committees, review current appointments, and reappoint Council Members to their current assignments; and direct staff to work with CCCE on a revised MOU, if necessary;

2. Update the list of appointments and meeting information for the remaining boards, commissions, and committees, review current appointments, and approve reassignments as desired and direct staff to work with CCCE on a revised MOU, if necessary; or

3. Provide other direction to staff.

ADVANTAGES:

These appointments provide City representation on the various regional and local boards and committees that are currently on the appointments list.

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Item 12.d.

City Council
Review and Approve Council Appointments to Regional and Local Boards and Committees
December 12, 2023

Page 4 ends

DISADVANTAGES:

No disadvantages are identified.

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. Current Appointments List

2. Current Appointments List w/ redlines

3. Council Committees and Boards Descriptions

4. Current FPPC Form 806 – Agency List of Public Official Appointments

Page 289 of 301 ends

CITY OF ARROYO GRANDE

CITY COUNCIL APPOINTMENTS

TO REGIONAL AND LOCAL BOARDS AND COMMITTEES
UPDATED NOVEMBER 20, 2023

Page 1 ends

CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE
Air Pollution Control District (APCD)
Meetings held 4th Wednesday of every odd numbered month; 9:00 am; Board of Supervisors Chambers, County Government Center
Staff Representative: City Manager
Kate Secrest Jim Guthrie
Audit Committee
Meets twice a year before and after Audit; time varies; AG Council Chambers Conference Room;
Staff Representative: Administrative Services Director
Kristen Barneich Caren Ray Russom
California Joint Powers Insurance Authority (CJPIA)
Meets in July for Annual Board Meeting in La Palma, CA
Staff Representatives: City Manager, Human Resources Officer Caren Ray Russom Kristen Barneich
Central Coast Blue Regional Recycled Water Authority Board Meets as needed; time varies; location varies
Caren Ray Russom Kristen Barneich
(Mayor Pro Tem)
Central Coast Community Energy (CCCE) Policy Board
1st Wednesday of the month, 1:30 pm, February & June;
Monterey Headquarters;
3rd Wednesday & Thursday of the month, Time TBD, September; Location TBD;
2nd Wednesday of the month, 9:00 am, December; SLO County teleconference option
The 2-year term runs odd years from December 1 – November 30 Staff Representative: Not applicable
Jim Guthrie N/A (Grover Beach)
City Selection Committee (Mayors)
(Enabling legislation requires the Mayor to be the primary representative)
Meets as needed; time varies; Board of Supervisors Chambers, County Government Center
Staff Representative: Not applicable
Caren Ray Russom Kristen Barneich
ATTACHMENT 1

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CITY OF ARROYO GRANDE

CITY COUNCIL APPOINTMENTS

TO REGIONAL AND LOCAL BOARDS AND COMMITTEES
UPDATED NOVEMBER 20, 2023

Page 2 ends

CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE
Council of Governments/Regional Transit Authority
(SLOCOG/SLORTA)
Meetings held 1st Wednesday of each month (SLOCOG and RTA meetings are scheduled in alternating months); 8:30 am; Board of Supervisors Chambers, County Government Center Staff Representative: Community Development Director
Jim Guthrie Lan George
County Water Resources Advisory Committee (WRAC)
Meetings held 1st Wednesday of each month; 1:30 pm
City/County Library Community Room, San Luis Obispo
Staff Representative: Not applicable
Jim Guthrie Kristen Barneich
Five Cities Fire Authority JPA Board
(Two members)
Meetings held 3rd Monday of each month; 5:00 pm
Grover Beach Council Chamber
154 S. 8th Street, Grover Beach
Staff Representative: City Manager
Caren Ray Russom
Lan George
Kristen Barneich
Homeless Services Oversight Council (HSOC)
Meetings held 3rd Wednesday of odd-numbered months;
1:00 – 3:00 pm; SLO Veterans Hall, 801 Grand Avenue, SLO Staff Representative: City Manager
Kristen Barneich Lan George
Integrated Waste Management Authority Board (IWMA)
Meetings held 2nd Wednesday of every month; 1:30 pm;
City of SLO Chamber
Staff Representative: Not applicable
Jim Guthrie Caren Ray Russom
REACH Economic Development Roundtable
1 meeting in Spring; 1 meeting in Fall; Time TBD; location varies Staff Representatives: City Manager, Community Development Director
Jim Guthrie Lan George
South County Chambers of Commerce
Governmental Affairs Committee
Meets as needed; time varies; location varies
Staff Representative: City Manager
Kate Secrest Jim Guthrie
South San Luis Obispo County Sanitation District
(Legislation requires the Mayor to be the primary representative) Meetings held the 1st (and 3rd Wednesday, if needed) of each month; 6:00 pm
Caren Ray Russom Lan George

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CITY OF ARROYO GRANDE

CITY COUNCIL APPOINTMENTS

TO REGIONAL AND LOCAL BOARDS AND COMMITTEES
UPDATED NOVEMBER 20, 2023

Page 3 ends

CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE
Tourism Business Improvement District Advisory Board
Meetings held 3rd Tuesday every other month; 3:00 pm
February, April, June, August, October, December
City Hall Upstairs Conference Room
Staff Representative: Recreation Services Director
Lan George Kristen Barneich
Visit SLO CAL Advisory Board
Meetings held semi-annually; time varies; location varies Staff Representative: Recreation Services Director
Lan George Caren Ray Russom
Zone 3 Water Advisory Board
Meetings held 3rd Thursday of odd-numbered months;
10:30 am; Rotates between South County agencies
Staff Representative: Public Works Director
Kristen Barneich Caren Ray Russom

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CITY OF ARROYO GRANDE

CITY COUNCIL APPOINTMENTS

TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

PROPOSED UPDATES

Page 1 ends

ATTACHMENT 2
CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE
Air Pollution Control District (APCD)
Meetings held 4th Wednesday of every odd numbered month; 9:00 am; Board of Supervisors Chambers, County Government Center
Staff Representative: City Manager
Kate Secrest Jim Guthrie
Audit Committee
Meets twice a year before and after Audit; time varies; AG Council Chambers Conference Room;
Staff Representative: Administrative Services Director
Kristen Barneich Caren Ray Russom
California Joint Powers Insurance Authority (CJPIA)
Meets in July for Annual Board Meeting in La Palma, CA
Staff Representatives: City Manager, Human Resources Officer Caren Ray Russom Kristen Barneich
Central Coast Blue Regional Recycled Water Authority Board Meets as needed; time varies; location varies
Caren Ray Russom Kristen Barneich
(Mayor Pro Tem)
Central Coast Community Energy (CCCE) Policy Board
1st Wednesday of the month, 1:30 pm, February & June;
Monterey Headquarters;
3rd Wednesday & Thursday of the month, Time TBD, September; Location TBD;
2nd Wednesday of the month, 9:00 am, December; SLO County teleconference option
The 2‐year term runs odd years from December January 1 – November 30December 31
Staff Representative: Not applicable
Jim Guthrie N/A (Grover Beach)
City Selection Committee (Mayors)
(Enabling legislation requires the Mayor to be the primary representative)
Meets as needed; time varies; Board of Supervisors Chambers, County Government Center
Staff Representative: Not applicable
Caren Ray Russom Kristen Barneich

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CITY OF ARROYO GRANDE

CITY COUNCIL APPOINTMENTS

TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

PROPOSED UPDATES

Page 2 ends

ATTACHMENT 2
CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE
Council of Governments/Regional Transit Authority
(SLOCOG/SLORTA)
Meetings held 1st Wednesday of each month (SLOCOG and RTA meetings are scheduled in alternating months); 8:30 am; Board of Supervisors Chambers, County Government Center Staff Representative: Community Development Director
Jim Guthrie Lan George
County Water Resources Advisory Committee (WRAC)
Meetings held 1st Wednesday of each month; 1:30 pm
City/County Library Community Room, San Luis Obispo
Staff Representative: Not applicable
Jim Guthrie Kristen Barneich
Five Cities Fire Authority JPA Board
(Two members)
Meetings held 3rd Monday of each month; 5:00 pm
Grover Beach Council Chamber
154 S. 8th Street, Grover Beach
Staff Representative: City Manager
Caren Ray Russom
Lan George
Kristen Barneich
Homeless Services Oversight Council (HSOC)
Meetings held 3rd Wednesday of odd‐numbered months;
1:00 – 3:00 pm; SLO Veterans Hall, 801 Grand Avenue, SLO Staff Representative: City Manager
Kristen Barneich Lan George
Integrated Waste Management Authority Board (IWMA)
Meetings held 2nd Wednesday of every month; 1:30 pm;
City of SLO Chamber
Staff Representative: Not applicable
Jim Guthrie Caren Ray Russom
REACH Economic Development Roundtable
1 meeting in Spring; 1 meeting in Fall; Time TBD; location varies Staff Representatives: City Manager, Community Development Director
Jim Guthrie Lan George
South County Chambers of Commerce
Governmental Affairs Committee
Meets as needed; time varies; location varies
Staff Representative: City Manager
Kate Secrest Jim Guthrie
South San Luis Obispo County Sanitation District
(Legislation requires the Mayor to be the primary representative) Meetings held the 1st (and 3rd Wednesday, if needed) of each month; 6:00 pm
Caren Ray Russom Lan George

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CITY OF ARROYO GRANDE

CITY COUNCIL APPOINTMENTS

TO REGIONAL AND LOCAL BOARDS AND COMMITTEES

PROPOSED UPDATES

Page 3 ends

ATTACHMENT 2
CITY COUNCIL REPRESENTATION TO: PRIMARY ALTERNATE
Tourism Business Improvement District Advisory Board
Meetings held 3rd Tuesday every other month; 3:00 pm
February, April, June, August, October, December
City Hall Upstairs Conference Room
Staff Representative: Recreation Services Director
Lan George Kristen Barneich
Visit SLO CAL Advisory Board
Meetings held semi‐annually; time varies; location varies Staff Representative: Recreation Services Director
Lan George Caren Ray Russom
Zone 3 Water Advisory Board
Meetings held 3rd Thursday of odd‐numbered months;
10:30 am; Rotates between South County agencies
Staff Representative: Public Works Director
Kristen Barneich Caren Ray Russom

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ATTACHMENT 3

Page 1 ends

CITY OF ARROYO GRANDE

COUNCIL COMMITTEES & BOARDS
Air Pollution Control District Board (APCD)
The San Luis Obispo County Air Pollution Control District (APCD) is the local agency working to protect the health of county residents by preserving good air quality. By partnering with the local communities and businesses, the APCD Board implements regulations and programs to reduce air pollution and assist the county in reaching all outdoor air quality standards. The Board is comprised of all five County Supervisors and an elected official from each of the seven incorporated cities.

Audit Committee
In order to comply with the Statement of Auditing Standards (SAS) No. 114, the City of Arroyo Grande has established an Audit Committee.

California Joint Powers Insurance Authority (CJPIA)
The CJPIA is governed by a Board of Directors, consisting of one elected official appointed by each Member Agency. The Board elects a President, Vice President and seven Members of the Executive Committee, which meets monthly to supervise and conduct CJPIA affairs. The Executive Committee has an advisory City Managers Committee that meets monthly and a Finance Officers Committee, which meets quarterly. The CJPIA Board of Directors meets annually at the CJPIA offices in La Palma or at the annual risk management seminar. The Board Director must be an elected official. The Alternate(s) may be either an elected official or staff and may serve as the Voting Delegate in the Director's absence. Staff recommends appointing the City Manager and Human Resources Manager, along with one Council Member, as Alternates to ensure that a staff representative is available to attend the annual meeting if the Council representatives are unable to attend.

Central Coast Blue (CCB) Regional Recycled Water Authority Board The Policy Board was formed as part of a Joint Powers Agreements (JPA) between the Cities of Arroyo Grande, Grover Beach, and Pismo Beach for a regional recycled water project, Central Coast Blue. It is comprised of elected officials and meets as needed and at various locations.

Central Coast Community Energy (CCCE) Policy Board
The Policy Board is comprised of elected officials and meet various dates throughout the year to decide high level policy decisions. Per the MOU, the seats rotate between the Cities of Arroyo Grande, Grover Beach, and Pismo Beach. (Note: Arroyo Grande is primary for the 2024-2025 term).

City Selection Committee (Mayors)
The City Selection Committee is comprised of the Mayor of each of the seven incorporated cities. The City Selection Committee makes appointments to the Airport Land Use Commission, California ID System Advisory Board, Local Agency Formation Commission (LAFCO), and Supplemental Law Enforcement Oversight Committee.

Council of Governments/Regional Transit Authority (SLOCOG/RTA) SLOCOG is a regional governing body organized through a joint powers agreement that has responsibility for regional transportation planning, preparing the Regional Housing Needs Allocation and the Sustainable Communities Strategy as part of the Regional Transportation Plan. The Board is comprised of all five County Supervisors and an elected official from each of the seven incorporated cities. RTA is operated through a joint

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ATTACHMENT 3

Page 2 ends

powers agreement with SLOCOG responsible for regional rideshare programs and outreach activities offering alternative modes of transportation. SLOCOG and the RTA share the same board of directors and trade off meeting times every month. In South County, local fixed-route service levels (days, hours, routes, etc.), marketing efforts, and operating/capital budgets for local fixed-routes are controlled through the RTA South County Transit Committee (SCTC). The SCTC is comprised of the RTA Board members from the cities of Arroyo Grande, Grover Beach, and Pismo Beach, as well as one member from the Board of Supervisors. The SCTC meets at least annually to address public transit issues of interest to the SCTC members and to consider the following year’s budget for local public transit services in the Five Cities Area.

County Water Resources Advisory Committee (WRAC)
This organization is involved with water supplies and availability of water on a Countywide basis. The purpose is to advise the County Board of Supervisors concerning all policy decisions relating to water resources of the SLO County Flood Control & Water Conservation District, to recommend specific water resource programs, and to recommend methods of financing water resource programs. (*Appointed representatives to the Committee need not be a Council Member, but do need to be individuals knowledgeable regarding water issues. According to WRAC staff, cities may appoint a Council Member as the lead representative who would be available when policy issues are discussed, with a staff member as the alternate for attending most of the meetings.) Note:

Council appointed representatives require approval by the Board of Supervisors.

Five Cities Fire Authority JPA Board
Provision of fire protection services provided through a joint powers agreement with the Cities of Grover Beach and Arroyo Grande. The Authority JPA Board consists of two elected officials from member agencies, City of Arroyo Grande and City of Grover Beach. The two City Managers serve as the Executive Officers of the JPA.

Homeless Services Oversight Council (HSOC)
The HSOC was created by the San Luis Obispo County Board of Supervisors and its purpose is to lead, facilitate, and provide oversight for implementation of the 10-Year Plan to End Homelessness. The HSOC is an advisory committee that discusses the Countywide approach to homelessness and services for the homeless, including both housing and supportive services. Membership is comprised of a broad spectrum of representatives from the County Board of Supervisors, each City, certain County government departments (health, planning, social services, veteran services, and probation), law enforcement, business organizations, academic institution, faith community, as well as interested community members.

Integrated Waste Management Authority Board (IWMA)
The San Luis Obispo County Integrated Waste Management Authority (IWMA) combines the powers of the member agencies to achieve State-mandated waste diversion goals, satisfy the requirements of the Integrated Waste Management Act, and develop waste management facilities for the benefit of the County and all its cities and special districts. The Board is comprised of an elected official from each of the seven incorporated cities, and one representative from all authorized Community Service Districts. (Note: Approval by the Board of Supervisors is not required for these assigned representatives.) REACH Economic Development Roundtable
REACH is a nonprofit regional economic action coalition which strives to unite public private and civic leaders across the Central Coast. The Economic Development Roundtable is responsible for discussing regional issues and advising the Board. A representative of the Arroyo Grande area serves.

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ATTACHMENT 3

Page 3 ends

South County Chambers of Commerce
A Council Member is selected to attend the monthly South County Chambers of Commerce Governmental Affairs Committee Meeting to provide a brief update on upcoming business-related items or issues, as well as to provide general City updates and highlights of City programs, services, or special events. The Council Member is not a voting member.

South San Luis Obispo County Sanitation District (SSLOCSD) Board The City contracts with the Sanitation District for wastewater collection and treatment. The District is governed by a Board of Directors composed of the presiding officer from the Cities of Grover Beach and Arroyo Grande and the Oceano Community Services District, or their respective alternates (per Memorandum of Understanding between the City and the Sanitation District, as well as Health and Safety Code sections 4730-4735).

Tourism Business Improvement District (TBID) Advisory Board The Arroyo Grande TBID was formed to provide revenue through an assessment levied on all lodging businesses within the District to promote scenic, recreational, cultural and other attractions in the District as a tourist destination. The Advisory Board makes recommendations to the City Council on the expenditure of the revenues derived from the assessments for the purpose of tourism marketing and promotional efforts. The Council representative does not sit on this Board; however, the representative attends the Advisory Board meetings in order to provide the Council with monthly updates on the activities of the Board.

Visit SLO CAL Advisory Committee
Visit SLO CAL promotes Countywide tourism opportunities and complements the efforts of local communities and organizations. It is a private, non-profit organization with membership comprised of local businesses, chambers of commerce, County government, and most incorporated cities in the County. The Visit SLO CAL Advisory Committee is comprised of elected officials and city managers, who participate in semi-annual meetings and liaise back to the communities they represent with programming updates and overall metrics demonstrating the impacts of the Tourism Marketing District on the County and cities.

Zone 3 Water Advisory Board
This is a County organized committee to handle the operation of Lopez Lake for both recreation and water facilities. The Advisory Committee works closely with the Zone 3 Technical Advisory Committee. Note: Councilappointed representatives require final approval by the Board of Supervisors.

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FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Comment:

A Public Document
Appt Date and
Length of Term
Agency Report of:

Public Official Appointments

2. Appointments

3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.

Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form

1. Agency Name
Designated Agency Contact (Name,Title)
E-mail
Division, Department, or Region (If Applicable)
806
For Official Use Only
Area Code/Phone Number
(Month, Day, Year)
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
Page _____ of _____
Date Posted:

City of Arroyo Grande Jessica Matson, City Clerk 805-473-5400 [email protected] 1 2 12/19/2022 Air Pollution Control
District
Secrest, Kate Guthrie, Jim 12 13 22 2 years 100.00
California Joint Powers
Insurance Authority
Ray Russom, Caren Barneich, Kristen 12 13 22 2 years 100.00 Integrated Waste
Management Authority
Guthrie, Jim Ray Russom, Caren 12 13 22 2 years 100.00
San Luis Obispo Council
of Governments/Regional
Transit Authority
Guthrie, Jim George, Lan 12 13 22 2 years 100.00 Jessica Matson City Clerk 12/19/2022 Attachment 4

Page 299 of 301 ends

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Background
This form is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official is a member.

This form is required pursuant to FPPC Regulation 18702.5.

Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be updated promptly as changes occur.

Instructions
This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional compensation to the appointee.

FPPC Regulation 18702.5 provides that as long as the public is informed prior to a vote, an official may vote to hold another position even when the vote results in additional compensation.

Part 1. Agency Identification
Identify the agency name and information on who should be contacted for information.

Part 2. Appointments
Identify the name of the other agency, board or commission. List the name of the official, and an alternate, if any.

List the appointment date and the length of term the agency official will serve. Disclose the stipend provided per meeting and the estimated annual payment. The annual salary is an estimate as it will likely vary depending upon the number of meetings. It is not necessary to revise the estimate at the end of the calendar year.

Part 3. Verification
The agency head or his/her designee must sign the verification.

Frequently Asked Questions (FAQs)

1. When does an agency need to complete the Form 806?
A Form 806 is required when an agency’s board members
vote to appoint a board member to serve on another
governmental agency or position of the agency of which the official is a member and will receive additional compensation.

2. The city council votes to serve as the city’s housing authority, a separate entity. Will the Form 806 be required?
If the council members receive additional compensation for serving on the housing authority, the Form 806 is required.

3. Are appointments made by a governing board to appoint one of its members to serve as an officer of that board for additional pay (e.g., mayor) required to be disclosed on Form 806?
No. FPPC Regulation 18702.5(b)(6) exempts from this
requirement decisions to fill a position on the body of which the official is a member (such as a councilmember being appointed as mayor) despite an increase in compensation.

4. In determining the income, must the agency include mileage reimbursements, travel payments, health benefits, and other compensation?
No. FPPC Regulation 18702.5 requires only the amount of the stipend or salary to be reported.

5. Which agency must post the Form 806?
The agency that is voting to appoint a public official must post the Form 806 on its website. The agency that the official will serve as a member is not required to post the Form 806. The form is not sent to the FPPC.

6. When must the Form 806 be updated?
The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled meetings is changed, (2) there is a change in the
compensation paid to the members, (3) there is a change in membership on the board or commission, or (4) there is a new appointment to a new agency.

7. If officials choose to recuse themselves from the decision and leave the room when a vote is taken to make an
appointment, must the Form 806 be completed?
No. The Form 806 is only required to identify those officials that will vote on an appointment in which the official will also receive additional compensation.

Privacy Information Notice
Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA
95811.

California
Form 806
A Public Document
Agency Report of:

Public Official Appointments

Page 300 of 301 ends

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
A Public Document
Appt Date and
Length of Term
Agency Report of:

Public Official Appointments
Continuation Sheet

2. Appointments
Agency Boards and
Commissions Name of Appointed Person Per Meeting/Annual Salary/Stipend (Last, First)
(Last, First)
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
(Last, First)
(Last, First)
Name
Name
Name
Name
$0-$1,000
$0-$1,000
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
$2,001-$3,000
Other
Other
Other
Other
California
Form

1. Agency Name
806
(Month, Day, Year)
Date Posted:
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Estimated Annual:
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
 Per Meeting: $
(Last, First)
(Last, First)
Alternate, if any
Alternate, if any
(Last, First)
(Last, First)
Name
Name
$0-$1,000
$0-$1,000
$1,001-$2,000
$1,001-$2,000
$2,001-$3,000
$2,001-$3,000
Other
Other
 ____/____/____
Appt Date
 ____/____/____
Appt Date

Length of Term

Length of Term
 Estimated Annual:
 Estimated Annual:
 Per Meeting: $
 Per Meeting: $
Page _____ of _____
2 2
City of Arroyo Grande 12/19/2022
South San Luis Obispo
County Sanitation District
Ray Russom, Caren George, Lan 12 13 22 2 years 100.00

Page 301 of 301 ends

Arroyo Grande City CouncilDecember 12, 2023

Arroyo Grande City Council
December 12, 2023