Agenda packet — Arroyo Grande City Council, May 28, 2024 (part 1 of 2)

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, May 28, 2024, 5:00 p.m.

In person at:

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

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

CLOSED SESSION MEETING 5:00 P.M.:

1. CALL TO ORDER

2. ROLL CALL

3. FLAG SALUTE

4. PUBLIC COMMENT ON CLOSED SESSION ITEMS

5. CLOSED SESSION
The City Council will recess to a closed session for the following and will report any reportable action at the City Council Regular meeting at 6:00 p.m.:
a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957:

Title: City Attorney

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

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

ARROYO GRANDE VALLEY KIWANIS

5. AGENDA REVIEW

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

May 28, 2024
a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957:

Title: City Attorney

5.b Ordinances read in title only
Recommended Action:

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

6. SPECIAL PRESENTATIONS

6.a Honorary Proclamation Declaring June 2024 as "Pride Month"

6.b Honorary Proclamation Declaring June 7, 2024 as "Hunger Awareness Day"

6.c City Manager Communications
(DOWNING)
Recommended Action:

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

7. CITY COUNCIL REPORTS

7.a MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

2. Central Coast Blue Regional Recycled Water Authority Board

3. Five Cities Fire Authority

4. San Luis Obispo County Mayor's Meeting

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

6. Other

7.b MAYOR PRO TEM GUTHRIE:

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

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

4. REACH Economic Development Roundtable

5. Other

7.c COUNCIL MEMBER BARNEICH:

1. Audit Committee

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2. Homeless Services Oversight Council (HSOC)

3. Zone 3 Water Advisory Board

4. Other

7.d COUNCIL MEMBER GEORGE:

1. Five Cities Fire Authority

2. Visit SLO CAL Advisory Board

3. Other

7.e COUNCIL MEMBER SECREST:

1. Air Pollution Control District (APCD)

2. South County Chambers of Commerce Governmental Affairs Committee

3. Other

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

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

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

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

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9.a Consideration of Cash Disbursement Ratification
(VALENTINE)
Recommended Action:

Review and ratify the attached listing of cash disbursements for the period of April 16 through April 30, 2024.

9.b Resolutions for the 2024 General Municipal Election for the Election of Certain Officers of the City
(MATSON)
Recommended Action:
1) Adopt a Resolution calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers of the City;
2) Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 5, 2024; and 3) Adopt a Resolution adopting regulations for candidates governing the submittal of a Candidate Statement.

9.c Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
(ROBESON)
Recommended Action:
1) Approve the Engineer’s Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2024-25;
2) Adopt Resolutions declaring the intention to levy and collect assessments for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2024-2025; 3) Set a public hearing for June 25, 2024, at 6:00 p.m. for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, to consider levying the property assessments; and
4) Make findings that the is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities 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. (State CEQA Guidelines, § 15302.)

9.d Consider Four-Year Agreement with the California Department of Corrections and Rehabilitation for Use of Inmate Work Crews
(ROBESON)
Recommended Action:

Adopt a Resolution authorizing the City Manager or his designee to negotiate and execute a

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four-year agreement to begin July 1, 2024 with the California Department of Corrections and Rehabilitation (CDCR) for inmate community service work crews, with terms substantially similar to the Standard Agreement with the CDCR, Agreement Number C5609432, signed on May 29, 2020.

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

Receive and file the Monthly Water Supply and Demand Update.

9.f Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Public Art
(PEDROTTI)
Recommended Action:
1) Adopt the ordinance amending Section 16.16.200 of the Arroyo Grande Municipal Code regarding public art (the “Ordinance”); and
2) Find that the Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3).

10. PUBLIC HEARINGS

10.a Continued Public Hearing to Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
(PEDROTTI)
Recommended Action:
1) Adopt a Resolution denying the request by Michael Harris to drill and install one (1) new domestic well on an unaddressed property on Noyes Road (APN: 007-781-055) northeast of the intersection of Noyes Road and Equestrian Way; and 2) Determine that the denial is not a project subject to the California Environmental Quality Act (“CEQA”) because CEQA does not apply to projects which a public agency disapproves or rejects (Pub. Resources Code § 21080(b)(5); State CEQA Guidelines, § 15270(a)), and the denial will not have direct or reasonably foreseeable indirect environmental impacts (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

11. OLD BUSINESS
None.

12. NEW BUSINESS

12.a Consider Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 5, 2024 Ballot
(DOWNING)
Recommended Action:
1) Adopt the proposed Resolution ordering the submission to the qualified electors of the City a measure relating to the establishment of a local transactions and use tax (hereinafter referred to as a "sales tax") at the General Municipal Election to be held on Tuesday, November 5, 2024, as called by Resolution;

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2) Adopt the proposed Ordinance adding Chapter 3.23 to Title 3 of the Arroyo Grande Municipal Code regarding a transactions and use tax (to ultimately be considered for approval by the voters);
3) Adopt the proposed Resolution setting priorities for filing a written argument regarding a City measure and directing the City Attorney to prepare an impartial analysis of the measure;
4) Adopt the proposed Resolution requesting consolidation with the County of San Luis Obispo General Municipal Election to be held on Tuesday, November 5, 2024; 5) Appoint two members of the Council to serve on an ad-hoc committee for creation of the argument to be submitted in favor of the measure; and
6) Determine that adopting the Resolutions and Ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

12.b Discussion and Consideration of Approval of the Fiscal Year (FY) 2024-25 Mid-Cycle Budget Update Report
(VALENTINE)
Recommended Action:

Review the preliminary budget, receive a presentation from staff, and provide feedback to staff in preparation for the public hearing scheduled for June 11, 2024, to consider the Fiscal Years (FY) 2024-25 Mid-Cycle Budget Update Report.

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

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

This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you

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would like to subscribe to receive email or text message notifications when agendas are posted, you can sign up online through the “Notify Me” feature.

City Council Meetings are streamed live on the City's YouTube Channel and recorded for replay on Arroyo Grande’s Government Access Channel 20.

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Item 6.a.

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Item 6.b.

Item 9.a.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Consideration of Cash Disbursement Ratification DATE: May 28, 2024
RECOMMENDATION:

Review and ratify the attached listing of cash disbursements for the period of April 16 through April 30, 2024.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $1,774,127.23 fiscal impact for the period of April 16 through April 30, 2024, that includes the following items:
 Accounts Payable Checks $ 1,311,331.84
 Payroll & Benefit Checks $ 462,795.39
BACKGROUND:

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

ANALYSIS OF ISSUES:

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

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Item 9.a.

City Council
Consideration of Cash Disbursement Ratification
May 28, 2024

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ALTERNATIVES:

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

1. Approve staff’s recommendation;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

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

DISADVANTAGES:

There are no disadvantages identified in this recommendation.

ENVIRONMENTAL REVIEW:

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

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

ATTACHMENTS:

1. April 16 through April 30, 2024 – Accounts Payable Check Register

2. April 19, 2024 – Payroll & Benefit Check Register

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CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name1 04/17/2024 300797 $ 4,839.12 05/24 RETIREE MEDICAL 010.4099.5136 ICMA RETIREMENT CORP2 04/17/2024 300797 328.87 05/24 RETIREE MEDICAL 220.4303.5136 ICMA RETIREMENT CORP3 04/17/2024 300797 584.12 05/24 RETIREE MEDICAL 010.0000.1111 ICMA RETIREMENT CORP4 04/19/2024 300798 2,680.34 REPLACE COMPRESSOR HVAC FCFA 010.4213.5303 ALPINE REFRIGERATION 5 04/19/2024 300799 608.22 TOILET PAPER 010.4213.5604 AMAZON CAPITAL SERVICES6 04/19/2024 300799 62.43 MICROWAVE, COVER, COPY PAPER 010.4301.5201 AMAZON CAPITAL SERVICES7 04/19/2024 300799 95.88 PARKS WALKIE TALKIES 010.4420.5255 AMAZON CAPITAL SERVICES8 04/19/2024 300799 153.36 SOTO-FLAT FREE TIRE, TIRE FOR 010.4430.5605 AMAZON CAPITAL SERVICES9 04/19/2024 300799 62.41 MICROWAVE, COVER, COPY PAPER 220.4303.5201 AMAZON CAPITAL SERVICES10 04/19/2024 300799 138.39 GATORADE, HAND SANITIZER 220.4303.5255 AMAZON CAPITAL SERVICES11 04/19/2024 300799 62.43 MICROWAVE, COVER, COPY PAPER 640.4710.5201 AMAZON CAPITAL SERVICES12 04/19/2024 300799 125.83 WALL MAGAZINE HOLDER, TAPE MEASURE 010.4307.5201 AMAZON CAPITAL SERVICES13 04/19/2024 300799 62.43 MICROWAVE, COVER, COPY PAPER 010.4307.5201 AMAZON CAPITAL SERVICES14 04/19/2024 300800 184.34 ACCT#238 451-0183 919 0 RADIO 010.4145.5403 AT & T15 04/19/2024 300801 428.79 21' STEEL PIPE 350.5468.7001 B & B STEEL & SUPPLY, INC16 04/19/2024 300802 50.00 REFUND SECURITY DEPOSIT STOTHER BBQ # 010.0000.2206 ANNE BACHMANN17 04/19/2024 300803 1,304.00 DOGGIE CLASSES WALK: JAN 13th 010.4424.5351 IRINA BEATTY18 04/19/2024 300804 3,054.50 03/24 ADMIN SVCS 010.4003.5304 BEST BEST & KRIEGER LLP19 04/19/2024 300804 615.00 03/24 CONFLICTS OF INTEREST 010.4003.5304 BEST BEST & KRIEGER LLP20 04/19/2024 300804 1,107.00 03/24 POLICE 010.4003.5304 BEST BEST & KRIEGER LLP21 04/19/2024 300804 984.00 03/24 PUBLIC WORKS 010.4003.5304 BEST BEST & KRIEGER LLP22 04/19/2024 300804 2,047.50 03/24 400 W BRANCH 010.4003.5304 BEST BEST & KRIEGER LLP23 04/19/2024 300804 1,072.50 03/24 TELECOMMUNICATIONS 010.4003.5304 BEST BEST & KRIEGER LLP24 04/19/2024 300804 227.50 03/24 GENERAL LITIGATION 010.4003.5304 BEST BEST & KRIEGER LLP25 04/19/2024 300804 13,430.00 03/24 PRA/ARC 010.4003.5304 BEST BEST & KRIEGER LLP26 04/19/2024 300804 27,798.74 03/24 CITY ATTORNEY-GENERAL SERVICES 010.4003.5304 BEST BEST & KRIEGER LLP27 04/19/2024 300804 4,469.00 03/24 COMM DEV 010.4003.5304 BEST BEST & KRIEGER LLP28 04/19/2024 300804 1,599.00 03/24 CITY COUNCIL 010.4003.5304 BEST BEST & KRIEGER LLP29 04/19/2024 300804 724.50 03/24 CITY MGR 010.4003.5304 BEST BEST & KRIEGER LLP30 04/19/2024 300805 368.00 DIESEL FUEL TAX RETURN JAN-MAR 010.0000.1202 CA DEPT OF TAX & FEE ADMIN31 04/19/2024 300806 297.00 TRUCK RENTAL 220.4303.5552 CALPORTLAND CONSTRUCTION32 04/19/2024 300806 470.71 24.05 TON FILL SAND 220.4303.5613 CALPORTLAND CONSTRUCTION33 04/19/2024 300807 145.81 (1) BATTERY FOR 6" TRASH PUMP 612.4610.5603 CARQUEST AUTO PARTS34 04/19/2024 300807 25.77 RELAY FOR PW - 10 640.4712.5601 CARQUEST AUTO PARTS35 04/19/2024 300808 15,124.00 SUMMER ACTIVITY GUIDE 010.4421.5504 CASEY PRINTING, INC36 04/19/2024 300809 50.00 REFUND SECURITY DEPOSIT RGP BBQ AREA 010.0000.2206 JULIO CERVANTES RIOS37 04/19/2024 300810 116.00 CLOGGING MAR & DROP INS 010.4424.5351 KATHLEEN J CINOWALT

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CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name38 04/19/2024 300811 $ 50.00 REFUND SECURITY DEPOSIT STROTHER PARK B 010.0000.2206 REBECCA CLAIR39 04/19/2024 300812 149.00 REFUND YOUTH EVOLUTION BASKETBALL CAMP 010.0000.4605 ZABRINA COX40 04/19/2024 300813 69.32 FIVE CITIES CENTER MAP 640.4712.5303 CRISP IMAGING41 04/19/2024 300813 241.18 SEWAGE COLLECTION MAP 612.4610.5306 CRISP IMAGING42 04/19/2024 300814 1,168.00 T'AI CHI WINTER SESSION #1 010.4424.5351 SHIRLEY J CROSS43 04/19/2024 300815 80,432.31 CONTRACT BUILDING DEPARTMENT SERVICES 010.4212.5303 CSG CONSULTANTS INC44 04/19/2024 300816 291.20 SENIOR FITNESS: MAR 2024 010.4424.5351 GAYLE CUDDY45 04/19/2024 300817 148.40 LINE DANCING MARCH 010.4424.5351 ZOE DASCALOS46 04/19/2024 300817 (74.20) 50% TO EACH INSTRUCTOR 010.4424.5351 ZOE DASCALOS47 04/19/2024 300818 401.79 PRINTER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS48 04/19/2024 300819 560.00 ROLLER SKATE CLASS: MARCH BEGINNERS 010.4424.5351 DOOMSDAY SKATE LLC49 04/19/2024 300820 933.38 SOTO LIME DOLOMITE 010.4430.5605 FARM SUPPLY CO50 04/19/2024 300821 50.00 REFUND SECURITY DEPOSIT STROTHER PARK 010.0000.2206 CINDY FISHER51 04/19/2024 300822 4,872.00 BRIDGE BASICS GAMES & CLASSES 010.4424.5351 FIVE CITIES DUPLICATE BRIDGE52 04/19/2024 300823 50.00 REFUND SECURITY DEPOSIT RGP BBQ AREA 010.0000.2206 ALEXIS GARZA53 04/19/2024 300823 60.00 REFUND RGP BBQ #2 (MAR 30, 24) 010.0000.4354 ALEXIS GARZA54 04/19/2024 300823 (10.00) LESS ADMIN FEE 010.0000.4354 ALEXIS GARZA55 04/19/2024 300824 13,225.43 PREPARATION OF ANNUAL MONITORING REPORT 640.4710.5303 GSI WATER SOLUTIONS56 04/19/2024 300825 50.00 REFUND SECURITY DEPOSIT STOTHER PARK 010.0000.2206 NICOLE HAMBLIN57 04/19/2024 300826 50.00 REFUND SECURITY DEPOSIT 3/30/24 010.0000.2206 STEVE HENRY HARVEST CHURCH58 04/19/2024 300826 50.00 REFUND SECURITY DEPOSIT 3/31/24 HERITAGE SQ 010.0000.2206 STEVE HENRY HARVEST CHURCH59 04/19/2024 300827 50.00 REFUND SECURITY DEPOSIT RGP 4/7/24 010.0000.2206 LEAH HERNANDEZ60 04/19/2024 300828 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 KEEGAN HUNT61 04/19/2024 300828 60.00 REFUND RENTAL FEE STROTHER PARK 010.0000.4354 KEEGAN HUNT62 04/19/2024 300828 (10.00) LESS ADMIN FEE 010.0000.4354 KEEGAN HUNT63 04/19/2024 300829 390.00 PW - INSTALL 120V OUTLET, INSTALL SWITCH 010.4213.5303 JD ELECTRIC64 04/19/2024 300830 63.00 REFUND EARRING MAKING CLASS 010.4424.5351 SUSAN G JOHNSON65 04/19/2024 300831 148.40 LINE DANCING MARCH 010.4424.5351 KAYLYN KELLER66 04/19/2024 300831 (74.20) 50% PER INSTRUCTOR 010.4424.5351 KAYLYN KELLER67 04/19/2024 300832 107.74 LED CHARGER LIGHT FOR SHOP 010.4305.5255 KIMBALL MIDWEST(DBA)68 04/19/2024 300833 17,346.25 ACTIVE TRANSPORTATION PLAN 350.5695.7701 KTUA69 04/19/2024 300834 112.00 BASKETBALL SCORER- 7 GAMES X $16 010.4424.5352 JHADE LA PAZ70 04/19/2024 300835 50.00 ROUND ROBIN - APR 5, 2024 010.4424.5351 MAUREEN LEWIS71 04/19/2024 300836 50.00 REFUND SECURITY DEPOSIT STROTHER PARK 010.0000.2206 BRANDY LOPEZ72 04/19/2024 300837 150.00 02/24 OCC FACILITY USE BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST73 04/19/2024 300837 1,590.00 03/24 OCC FACILITY USE-BASKETBALL 010.4424.5257 LUCIA MAR UNIFIED SCHOOL DIST74 04/19/2024 300838 2,346.40 03/24 ZUMBA, BARRE, STRENGTH & BALANCE 010.4424.5351 HEIDY MANGIARDI

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CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name75 04/19/2024 300839 $ 149.00 REF. YOUTH EVOLUTION BASKETBALL 010.0000.4605 KYLE MCADAMS76 04/19/2024 300840 41.96 SCREWDRIVER, HANDLE, FASTENERS 010.4213.5604 MINER'S ACE HARDWARE, INC77 04/19/2024 300840 55.99 GLOVES, HAND SAW, SPRAY BOTTLE 010.4213.5604 MINER'S ACE HARDWARE, INC78 04/19/2024 300840 36.57 PW-17 CHAIN, HOOK , ANCHOR SHACKLE 010.4420.5605 MINER'S ACE HARDWARE, INC79 04/19/2024 300840 7.53 NITRILE GLOVES 220.4303.5255 MINER'S ACE HARDWARE, INC80 04/19/2024 300841 20,044.41 COMPREHENSIVE GENERAL PLAN UPDATE 010.4130.5303 MINTIER HARNISH LP81 04/19/2024 300842 105.00 REFUND YOUTH EVOLUTION SOCCER 010.0000.4605 CHRISTIANA NAUS82 04/19/2024 300843 156.80 03/24 YOGA IN THE PARK 010.4424.5351 NICCOLA NELSON83 04/19/2024 300844 50.00 REFUND SECURITY DEPOSIT STROTHER PARK 010.0000.2206 MARKELL NESS84 04/19/2024 300845 656.25 22 STREET REPAIRS -ADDITIONAL WORK 350.5638.7301 PAVEMENT ENGINEERING INC85 04/19/2024 300845 29,138.75 2024 STREET REPAIR PROJECT 350.5638.7501 PAVEMENT ENGINEERING INC86 04/19/2024 300846 6,734.51 REPLACE IRRIGATION WELL MOTOR-SOTO COMPLEX 640.4711.5603 PERRY'S ELECTRIC MOTORS 87 04/19/2024 300847 50.00 REFUND SECURITY DEPOSIT ELM STREET PARK 010.0000.2206 KRISTINA QUEBEDEAUX88 04/19/2024 300848 50.00 REFUND SECURITY DEPOSIT 010.0000.2206 ELEAZAR RAMIREZ89 04/19/2024 300848 60.00 REFUND RGP BBQ #3 010.0000.4354 ELEAZAR RAMIREZ90 04/19/2024 300849 200.00 WASHING MACHINE REBATE 226.4306.5554 CATHERINE SACKRISON91 04/19/2024 300850 50.00 REFUND SECURITY DEPOSIT HERITAGE SQ 010.0000.2206 MYTIA SARDINHA92 04/19/2024 300851 17.75 HUNTER POP-UP SPRINKLER SHORT STREET 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC93 04/19/2024 300852 50.00 REFUND SECURITY DEPOSIT STROTHER PARK 010.0000.2206 HANNAH SMITH94 04/19/2024 300853 71.85 GAS SERVICES-200 N HALCYON 010.4145.5401 SOCALGAS95 04/19/2024 300853 14.30 GAS SERVICES-350 S ELM 010.4145.5401 SOCALGAS96 04/19/2024 300853 158.73 GAS SERVICES-1375 ASH 010.4145.5401 SOCALGAS97 04/19/2024 300854 40.00 BASKETBALL SCORER- 2 GAMES X $20 010.4424.5352 ZACHARY SORIANO98 04/19/2024 300855 388.00 ADMIN SIGN PERMIT W/DRAWN 010.0000.4512 SOUTHPAW SIGN COMPANY INC99 04/19/2024 300855 11.64 ADMIN SIGN PERMIT W/DRAWN 010.0000.4521 SOUTHPAW SIGN COMPANY INC100 04/19/2024 300855 7.76 ADMIN SIGN PERMIT W/DRAWN 010.0000.4522 SOUTHPAW SIGN COMPANY INC101 04/19/2024 300856 131.20 BRASS NIPPLES, COUPLING 220.4303.5613 STREATOR PIPE & SUPPLY102 04/19/2024 300857 218.73 1/4 DRIVE BIT DRIVER 010.4305.5273 TCA TOOLS INC103 04/19/2024 300858 333.72 CUSTOM DECAL, ALUMINUM SIGN 220.4303.5613 TRAFFIC MANAGEMENT PRODUCTS104 04/19/2024 300859 50.00 REFUND SECURITY DEPOSIT STROTHER PARK 010.0000.2206 JAMES TROUT105 04/19/2024 300860 928.28 PAYROLL FOR: W/E 4/7/24 PW TEMP WORKER 010.4420.5303 UNITED STAFFING ASSOC.106 04/19/2024 300861 41.60 MARCH PUNCHCARDS 010.4424.5351 PEGGY VALKO107 04/19/2024 300862 18,827.02 03/24 AGTBID MARKETING 240.4150.5301 VERDIN MARKETING INK108 04/19/2024 300862 690.00 03/24 AGTBID MARKETING 240.4150.5301 VERDIN MARKETING INK109 04/19/2024 300863 304.08 ACCT#208620661-00003 CITY IPAD 010.4145.5403 VERIZON WIRELESS110 04/19/2024 300864 8,726.51 02/24 TMD ASSESSMENT REMITTANCE 761.0000.2007 VISIT SLO CAL111 04/19/2024 300864 (174.53) 02/24 CITY ADMIN FEE 010.0000.4771 VISIT SLO CAL

Page 14 of 311 ends

CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name112 04/19/2024 300865 $ 1,886.35 NORTHERN CITIES STAFF EXTENSION 640.4710.5303 WATER SYSTEMS CONSULTING INC113 04/19/2024 300866 2,025.00 PLUMBING RETROFIT-1203 PRISCILLA 226.4306.5303 WATERBOYS PLUMBING114 04/19/2024 300866 710.00 PLUMBING RETROFIT-1323 JASMINE 226.4306.5303 WATERBOYS PLUMBING115 04/19/2024 300867 50.00 REFUND SECURITY DEPOSIT RGP 4/6/24 010.0000.2206 BRIANNA WATSON116 04/19/2024 300868 50.00 REFUND SECURITY DEPOSIT ELM ST. PARK 010.0000.2206 MARIA ZAMORA MENDOZA117 04/19/2024 300869 100.31 UB Refund Cst #00026754 640.0000.2301 AARON BAILEY118 04/19/2024 300870 70.78 UB Refund Cst #00028018 640.0000.2301 GINGER CARMICHAEL119 04/19/2024 300871 150.81 UB Refund Cst #00027905 640.0000.2301 HEIDI CRAWFORD RUIZ120 04/19/2024 300872 65.56 UB Refund Cst #00028477 640.0000.2301 KENDRA LEAH MUSCARELLA121 04/19/2024 300873 56,271.94 FEDERAL WITHHOLDING 011.0000.2104 CITY OF ARROYO GRANDE122 04/19/2024 300873 60,049.20 SOCIAL SECURITY 011.0000.2105 CITY OF ARROYO GRANDE123 04/19/2024 300873 14,404.74 MEDICARE 011.0000.2105 CITY OF ARROYO GRANDE124 04/19/2024 300874 22,661.78 STATE WITHHOLDING 011.0000.2108 CA ST EMPLOYMENT DEVEL DEPT125 04/19/2024 300874 5,024.18 CASDI 011.0000.2111 CA ST EMPLOYMENT DEVEL DEPT126 04/19/2024 300875 401.06 DEPT OF CHILD SUPPORT SERVICES 011.0000.2114 CA STATE DISBURSEMENT UNIT127 04/19/2024 300876 5,191.07 DEFERRED COMPENSATION - EE % 011.0000.2117 ICMA RETIREMENT CORP128 04/19/2024 300876 11,573.72 DEFERRED COMPENSATION - EE 011.0000.2117 ICMA RETIREMENT CORP129 04/19/2024 300876 916.66 DEFERRED COMPENSATION - ER 011.0000.2117 ICMA RETIREMENT CORP130 04/19/2024 300876 135.00 ROTH - AFTER TAX 011.0000.2117 ICMA RETIREMENT CORP131 04/19/2024 300876 321.93 ROTH % - AFTER TAX 011.0000.2117 ICMA RETIREMENT CORP132 04/19/2024 300877 42,463.25 PERS RETIREMENT 011.0000.2106 PERS - RETIREMENT133 04/19/2024 300877 58,245.65 PERS RETIREMENT 011.0000.2106 PERS - RETIREMENT134 04/19/2024 300877 1,465.12 PERS Employer Pick Up 011.0000.2106 PERS - RETIREMENT135 04/19/2024 300877 497.46 PERS BUYBACK - PRE TAX 011.0000.2106 PERS - RETIREMENT136 04/19/2024 300877 (0.04) ROUNDING DIFFERENCE 010.0000.4818 PERS - RETIREMENT137 04/19/2024 300878 599.33 PARS 011.0000.2107 US BANK OF CALIFORNIA138 04/26/2024 300879 2,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 5 CITIES COMM SERVICE FOUND139 04/26/2024 300880 41.00 WELL 8 BACTI SAMPLE 640.4710.5310 ABALONE COAST ANALYTICAL INC140 04/26/2024 300881 5,899.32 FORENSIC EVIDENCE DRYING CABINET 271.4202.6201 AIR SCIENCE141 04/26/2024 300882 150.00 RTW/FIT FOR DUTY LEVEL 1 EXAM 010.4110.5303 AKESO OCCUPATIONAL HEALTH142 04/26/2024 300884 502.72 PEACE OFFICER MEMORIAL 010.4201.5201 AMAZON CAPITAL SERVICES143 04/26/2024 300884 75.69 OFFICE SUPPLIES 010.4201.5201 AMAZON CAPITAL SERVICES144 04/26/2024 300884 (1.92) DISCOUNT 010.4201.5201 AMAZON CAPITAL SERVICES145 04/26/2024 300884 10.00 OTHER 010.4201.5201 AMAZON CAPITAL SERVICES146 04/26/2024 300884 250.56 OFFICE EQUIPMENT 010.4201.5303 AMAZON CAPITAL SERVICES147 04/26/2024 300886 1,197.75 FLEET UPFITTING EQUIPMENT 010.4201.6301 APPLIED TECHNOLOGY GROUP INC148 04/26/2024 300886 23.22 FREIGHT CHARGE UPFITTING EQUIP 010.4201.6301 APPLIED TECHNOLOGY GROUP INC

Page 15 of 311 ends

CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name149 04/26/2024 300886 $ 167.92 04/24 COMMUNICATIONS MAINTENANCE 010.4204.5606 APPLIED TECHNOLOGY GROUP INC150 04/26/2024 300887 500.00 PURCHASE WATER METERS & REPLACEMENT PARTS 640.4712.5207 AQUA-METRIC SALES CO(DBA)151 04/26/2024 300888 44.00 REFUND PARK RENTAL 010.0000.4354 LEAH ARMSTRONG152 04/26/2024 300889 2,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 ARROYO GRANDE PUBLIC ART INC153 04/26/2024 300890 4,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 ASSISTANCE LEAGUE OF SAN LUIS154 04/26/2024 300891 177.03 BAN#9391033184 010.4201.5403 AT&T155 04/26/2024 300891 34.33 BAN#9391033183 010.4201.5403 AT&T156 04/26/2024 300891 83.38 BAN#9391033187 010.4201.5403 AT&T157 04/26/2024 300892 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 KATIE AUSTIN158 04/26/2024 300892 96.00 PARK RENTAL REFUND-LESS ADMIN 010.0000.4354 KATIE AUSTIN159 04/26/2024 300892 27.00 REFUND BOUNCE HOUSE FEE 010.0000.4354 KATIE AUSTIN160 04/26/2024 300893 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 MARGARITA AYALA161 04/26/2024 300894 300.00 MONTHLY D.O. INSPECTION-PW 010.4305.5303 B & T SVC STN CONTRACTORS, INC162 04/26/2024 300896 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 STEPHANIE BAILEY163 04/26/2024 300896 50.00 PARK RENTAL REFUND-LESS ADMIN 010.0000.4354 STEPHANIE BAILEY164 04/26/2024 300897 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 SUMMER BARNETT165 04/26/2024 300897 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 SUMMER BARNETT166 04/26/2024 300898 294.73 PW-70 BATTERY 220.4303.5601 BATTERY SYSTEMS167 04/26/2024 300899 2,700.00 BACKGROUND INVESTIGATION & POLYGRAPH 010.4201.5315 BELLA VISTA INVESTIGATIVE SVCS168 04/26/2024 300900 2,000.00 SERVICE CONTRACT FEE CASE#23-001 010.4201.5315 JOHN BLEDSOE169 04/26/2024 300901 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 KATHERINE BLISS170 04/26/2024 300902 26.00 CAR WASH-PD ADMIN 010.4201.5601 BOB'S EXPRESS WASH171 04/26/2024 300902 11.00 CAR WASH-B409 010.4212.5601 BOB'S EXPRESS WASH172 04/26/2024 300902 13.00 CAR WASH-PW 8 010.4301.5601 BOB'S EXPRESS WASH173 04/26/2024 300902 159.00 CAR WASH-PD PATROL 010.4203.5601 BOB'S EXPRESS WASH174 04/26/2024 300902 104.00 CAR WASH-PD SUPPORT SVCS 010.4204.5601 BOB'S EXPRESS WASH175 04/26/2024 300902 10.00 CAR WASH-PW64 010.4307.5601 BOB'S EXPRESS WASH176 04/26/2024 300903 5,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 BOYS AND GIRLS CLUB177 04/26/2024 300904 4,402.97 ACCUTAB'S (10 DRUM) SODIUM HYPOCHLORITE 640.4712.5274 BRENNTAG PACIFIC INC178 04/26/2024 300905 66.00 REFUND-FAMILY DANCE (3) 010.0000.4607 KARL BUCKMAN179 04/26/2024 300906 91.87 (4) 4x4 LUMBER SWINGING BRIDGE 010.4420.5605 BURKE AND PACE OF AG, INC180 04/26/2024 300906 64.91 (6) 50 LB BAGS QUIKCRETE CONCRETE 220.4303.5613 BURKE AND PACE OF AG, INC181 04/26/2024 300907 537.85 (3) V BELTS FOR MOWER 010.4420.5603 CALIFORNIA TURF EQUIPMENT &182 04/26/2024 300908 433.16 4 TON ASPHALT PAVEMENT MIX 220.4303.5613 CALPORTLAND CONSTRUCTION183 04/26/2024 300909 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 BRIAN CAMPBELL184 04/26/2024 300910 22.62 FILTER FOR TRASH PUMP ENGINE 612.4610.5603 CARQUEST AUTO PARTS185 04/26/2024 300910 8.40 FILTER FOR TRASH PUMP ENGINE 612.4610.5603 CARQUEST AUTO PARTS

Page 16 of 311 ends

CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name186 04/26/2024 300911 $ 5,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 CASA OF SLO COUNTY187 04/26/2024 300912 9,500.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 CENTER FOR CHILD & ADOLESCENT188 04/26/2024 300913 4,768.00 04/24 IT SUPPORT 010.4140.5303 CIO SOLUTIONS LP189 04/26/2024 300913 1,480.00 04/24 CROWDSTRIKE ADV DEFEND 010.4140.5303 CIO SOLUTIONS LP190 04/26/2024 300913 6,168.00 MICROSOFT 365 & PROJECT PLAN 010.4140.5607 CIO SOLUTIONS LP191 04/26/2024 300914 27,000.00 CITIZENSERVE SUBSCRIPTION 2/24 010.4140.5303 CITIZENSERVE192 04/26/2024 300914 12.00 REIMBURSE RET CK FEE 010.4145.5555 CITIZENSERVE193 04/26/2024 300915 1,005.00 WATER SAMPLES FOR MARCH 2024 640.4710.5310 CLINICAL LABORATORY OF194 04/26/2024 300916 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CONNIE CUELLAR195 04/26/2024 300917 401.79 KYOCERA COPIER LEASE 010.4421.5602 DE LAGE LANDEN FINANCIAL SVCS196 04/26/2024 300918 800.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 EDUARDO DIAZ197 04/26/2024 300918 200.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 EDUARDO DIAZ198 04/26/2024 300918 (156.00) WOMENS CLUB SUPERVISION 6 HRS 010.0000.4655 EDUARDO DIAZ199 04/26/2024 300919 372.59 METRO INTERNET CIRCUIT 010.4140.5303 DIGITAL WEST NETWORKS INC200 04/26/2024 300920 798.70 PROFESSIONAL SERV. RENDERED - 350.5638.7401 EARTH SYSTEMS PACIFIC201 04/26/2024 300921 9,664.00 LASERFICHE AVANTE ANNUAL RENEW 010.4140.5303 ECS IMAGING, INC.202 04/26/2024 300922 255.00 REFUND-PICKLEBALL 010.0000.4605 VICTORIA ELLISON203 04/26/2024 300923 550.00 EMPLOYEE WELLNESS- REIMBURSE F 010.4203.5303 ELIA ESPARZA204 04/26/2024 300924 88.83 IRRIGATION VALVE - SHORT ST 010.4420.5605 FARM SUPPLY CO205 04/26/2024 300925 30.00 4609 - TIRE MOUNTING & DISPOSA 010.4203.5601 FIGUEROA'S TIRES206 04/26/2024 300926 17.24 PW-51 SOCKET 612.4610.5603 HEACOCK TRAILERS & TRUCK207 04/26/2024 300927 5,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 HOSPICE OF SLO COUNTY208 04/26/2024 300928 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 APRIL HUCKABEY209 04/26/2024 300929 158.18 1" BRASS CPLY (28 ea) 640.4712.5610 ICONIX WATERWORKS (US) INC210 04/26/2024 300930 23.75 FUEL 010.4203.5608 JB DEWAR, INC211 04/26/2024 300931 345.00 REPAIR SIDEWALK LIGHTS, GFI BOX 010.4213.5303 JD ELECTRIC212 04/26/2024 300932 4,210.60 191 TALLY HO FRONTAGE IMPROVEMENTS PROJECT 350.5610.7001 JJ FISHER CONSTRUCTION, INC. 213 04/26/2024 300933 250.00 LEASE ANALYSIS-OLD CITY HALL 010.4307.5303 JAMES KELSEY214 04/26/2024 300934 112.00 BASKETBALL SCORER- 7 GAMES X $16 010.4424.5352 JHADE LA PAZ215 04/26/2024 300934 112.00 BASKETBALL SCORER-7 GAMES X $16 010.4424.5352 JHADE LA PAZ216 04/26/2024 300935 2,404.86 SHORETEL PHONE CHRGS-CITY HALL 010.4145.5403 LEVEL 3 COMMUNICATIONS LLC217 04/26/2024 300935 1,924.87 SHORETEL PHONE CHRGS -PD 010.4201.5403 LEVEL 3 COMMUNICATIONS LLC218 04/26/2024 300936 660.00 03-24 OCC FACILITY USAGE-ZUMBA 010.4424.5251 LUCIA MAR UNIFIED SCHOOL DIST219 04/26/2024 300937 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 KENDRA MALY220 04/26/2024 300938 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 TOMMY MARTIN221 04/26/2024 300939 8,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 MEALS THAT CONNECT222 04/26/2024 300940 86.15 AIR FILTERS, DOUBLE SIDED TAPE 010.4213.5604 MINER'S ACE HARDWARE, INC

Page 17 of 311 ends

CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name223 04/26/2024 300940 $ 40.91 SPRAY PAINT, MASKING FILM 010.4213.5604 MINER'S ACE HARDWARE, INC224 04/26/2024 300940 36.02 SANDPAPER, RUST REMOVER, LUBRICANT 010.4213.5604 MINER'S ACE HARDWARE, INC225 04/26/2024 300940 26.17 STAIN 010.4213.5604 MINER'S ACE HARDWARE, INC226 04/26/2024 300940 6.45 PW-17 SOCKET ADAPTER 010.4420.5255 MINER'S ACE HARDWARE, INC227 04/26/2024 300940 258.56 (4) AQUAPHALT PATCH 220.4303.5613 MINER'S ACE HARDWARE, INC228 04/26/2024 300941 356.80 4604 - REPAIR 010.4203.5601 MULLAHEY FORD229 04/26/2024 300942 8,105.80 HARDEN STREET IMPROVEMENTS PRE-DESIGN & EST 010.4301.5303 NORTH COAST ENGINEERING INC 230 04/26/2024 300943 345.00 REPAIR TO LIFTS #7 CONTROL PANEL 612.4610.5610 NVIRO231 04/26/2024 300943 430.00 VISTA DEL MAR BOOSTER PUMP MOTOR 640.4712.5610 NVIRO232 04/26/2024 300944 191.66 MAINTENANCE AGREEMENT - COPIER 010.4204.5602 OFFICE1233 04/26/2024 300945 9,290.84 ELECTRIC 010.4145.5401 PACIFIC GAS & ELECTRIC CO234 04/26/2024 300945 (41.58) ELECTRIC 217.4460.5355 PACIFIC GAS & ELECTRIC CO235 04/26/2024 300945 3,013.96 ELECTRIC 612.4610.5402 PACIFIC GAS & ELECTRIC CO236 04/26/2024 300945 3,409.77 ELECTRIC 640.4711.5402 PACIFIC GAS & ELECTRIC CO237 04/26/2024 300945 7,358.96 ELECTRIC 640.4712.5402 PACIFIC GAS & ELECTRIC CO238 04/26/2024 300945 1,915.99 ELECTRIC 010.4307.5402 PACIFIC GAS & ELECTRIC CO239 04/26/2024 300945 19,810.58 ELECTRIC - STREET LIGHTING 010.4307.5402 PACIFIC GAS & ELECTRIC CO240 04/26/2024 300946 57.00 UNIFORM CLEANING - ADMIN 010.4201.5303 PARAMOUNT CLEANERS241 04/26/2024 300946 39.00 UNIFORM CLEANING - ADMIN 010.4201.5303 PARAMOUNT CLEANERS242 04/26/2024 300946 542.00 UNIFORM CLEANING - PATROL SERVICES 010.4203.5303 PARAMOUNT CLEANERS243 04/26/2024 300946 503.00 UINFORM CLEANING - PATROL SERVICES 010.4203.5303 PARAMOUNT CLEANERS244 04/26/2024 300946 42.00 UNIFORM CLEANING - SUPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS245 04/26/2024 300946 53.50 UNIFORM CLEANING - SUPPORT SERVICES 010.4204.5303 PARAMOUNT CLEANERS246 04/26/2024 300947 200.00 PARKING CITATIONS PROCESSED FEE 010.4204.5303 PHOENIX GROUP247 04/26/2024 300948 25.00 REFUND-PICKLEBALL 010.0000.4605 MARTHA PIGNONE248 04/26/2024 300949 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 RUBEN PILLE249 04/26/2024 300950 75,509.95 09/23 CCB COST SHARE 640.5975.7501 CITY OF PISMO BEACH250 04/26/2024 300950 61,938.52 08/23 CCB COST SHARE 640.5975.7501 CITY OF PISMO BEACH251 04/26/2024 300950 103,005.00 10/23 CCB COST SHARE 640.5975.7501 CITY OF PISMO BEACH252 04/26/2024 300951 98.36 POSTAGE METER INK 010.4201.5208 PITNEY BOWES253 04/26/2024 300952 251.63 POSTAGE MACHINE LEASE 010.4204.5602 PITNEY BOWES, INC254 04/26/2024 300953 100.00 WOMENS CLUB DEPOSIT REFUND 010.0000.2206 MARIA PIZANO255 04/26/2024 300954 343.56 SEWER MAIN HOSE & HOSE GUIDE 612.4610.5610 PLUMBERS DEPOT INC.256 04/26/2024 300955 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 JENNIFER QUEZADA257 04/26/2024 300955 96.00 PARK RENTAL REFUND-LESS ADMIN 010.0000.4354 JENNIFER QUEZADA258 04/26/2024 300956 80.00 REFUND-MOTHERS DAY TEA (2) 010.0000.4607 STACIE RAPPLEYE259 04/26/2024 300957 56.29 REIMBURSE- CARD & GIFT CARD FOR INSTRUCTOR 010.4424.5251 KELLY REYNOLDS

Page 18 of 311 ends

CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name260 04/26/2024 300958 $ 15.00 REVERSE OSMOSIS RENTAL 010.4201.5303 RICHETTI COMPLETE WATER261 04/26/2024 300959 46.00 TRAINING - TUITION 010.4203.5501 SAN DIEGO MIRAMAR COLLEGE262 04/26/2024 300960 629.00 SART EXAM - CASE # 2300269 010.4204.5324 COUNTY OF SAN LUIS OBISPO SART PROGRAM263 04/26/2024 300961 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 KEVAL SHAH264 04/26/2024 300962 9,000.00 FY23-24 COMMUNITY SERVICES GRANT PROGRAM 010.4001.5395 SHOWER THE PEOPLE265 04/26/2024 300963 87.03 COUPLINGS, PVC CEMENT 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC266 04/26/2024 300963 27.29 PVC PIPE, COUPLINGS, REDUCER 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC267 04/26/2024 300963 45.17 VALVE BOXES 010.4420.5605 SITEONE LANDSCAPE SUPPLY LLC268 04/26/2024 300964 75.00 PARKING CITATION REVENUE DIST. 010.0000.4203 SLO COUNTY AUDITOR-CONTROLLER 269 04/26/2024 300965 248,512.00 FY23/24 DISPATCH SVCS CONTRACT 010.4201.5303 SLO COUNTY SHERIFF'S DEPT270 04/26/2024 300966 50.00 PARK DEPOSIT REFUND-STROTHER 010.0000.2206 HANNAH SMITH271 04/26/2024 300967 32.00 BASKETBALL SCORER-2 GAMES X $16 010.4424.5352 ZACHARY SORIANO272 04/26/2024 300968 208.46 DUMPSTER - RGP 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC273 04/26/2024 300968 320.19 DUMPSTER - 140 TRAFFIC WAY 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC274 04/26/2024 300968 208.46 DUMPSTERS - STROTHER PARK 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC 275 04/26/2024 300968 5.22 ELM ST GARDEN GREENWASTE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC276 04/26/2024 300968 90.25 CITY HALL TRASH & RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC277 04/26/2024 300968 163.87 DUMPSTERS - PD 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC 278 04/26/2024 300968 104.23 DUMPSTERS - PW RECYCLE 010.4213.5303 SOUTH COUNTY SANITARY SVC, INC279 04/26/2024 300969 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 BRITNEE THOMPSON280 04/26/2024 300970 117.45 SUBSCRIPTION - PENAL / VEHICLE 010.4201.5503 THOMSON REUTERS WEST281 04/26/2024 300971 76.40 INVESTIGATIVE SERVICES 010.4204.5303 TRANSUNION RISK282 04/26/2024 300972 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 DEICY TREJO283 04/26/2024 300973 253.57 CONCRETE RECYCLING 220.4303.5613 TROESH RECYCLING, INC284 04/26/2024 300974 190.48 LF CONF LODGING DEPOSIT 010.4002.5501 U.S. BANK285 04/26/2024 300974 275.00 CAPIO MEMBERSHIP 010.4002.5503 U.S. BANK286 04/26/2024 300974 125.00 STATE OF COUNTY REGIS. DOWING 010.4101.5501 U.S. BANK287 04/26/2024 300974 58.00 ISSUU 010.4102.5255 U.S. BANK288 04/26/2024 300974 20.00 CSMFO CC CHAPTER MEETING LUNCH 010.4120.5501 U.S. BANK289 04/26/2024 300974 38.56 FOOD 4 LESS (GP UPDATE COMMUNI 010.4130.5301 U.S. BANK290 04/26/2024 300974 30.00 MS TEAMS PHONE 010.4140.5303 U.S. BANK291 04/26/2024 300974 646.81 ZOOM (DEPARTMENTAL/ COLLAB/PUB 010.4140.5303 U.S. BANK292 04/26/2024 300974 51.20 AUTHORIZE.NET CREDIT CARD FEE 010.4145.5555 U.S. BANK293 04/26/2024 300974 207.00 OFFICE SUPPLIES 010.4201.5201 U.S. BANK294 04/26/2024 300974 14.19 OFFICE SUPPLIES 010.4201.5201 U.S. BANK295 04/26/2024 300974 286.76 EMPLOYEE WELLNESS 010.4201.5303 U.S. BANK296 04/26/2024 300974 120.60 EMPLOYEES WELLNESS SUPPLIES 010.4201.5303 U.S. BANK

Page 19 of 311 ends

CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name297 04/26/2024 300974 $ 75.99 MEMBERSHIPS & SUBSCRIPTIONS 010.4201.5303 U.S. BANK298 04/26/2024 300974 104.51 SUPPLIES FOR TRAININGS -3/12, 010.4301.5501 U.S. BANK299 04/26/2024 300974 16.08 FRADULENT PURCHASE REPORTED TO 010.4305.5255 U.S. BANK300 04/26/2024 300974 24.95 ISA PRACTICE EXAM - V ROCHA 010.4420.5503 U.S. BANK301 04/26/2024 300974 160.00 CAPCA 2024 MEMBERSHIP 010.4420.5503 U.S. BANK302 04/26/2024 300974 135.00 ISA-MEMBERSHIP M ROBLES 010.4420.5503 U.S. BANK303 04/26/2024 300974 50.00 PAPA 2024 MEMBERSHIP M ROBLES 010.4420.5503 U.S. BANK304 04/26/2024 300974 119.99 CANVA-MARKETING FOR PROGRAMMIN 010.4421.5303 U.S. BANK305 04/26/2024 300974 647.40 TRAINING 010.4421.5501 U.S. BANK306 04/26/2024 300974 76.61 UNITED AIR-FLIGHT CHANGE FROM 010.4421.5501 U.S. BANK307 04/26/2024 300974 35.00 UNITED AIR-BAGGAGE FEE FOR CON 010.4421.5501 U.S. BANK308 04/26/2024 300974 10.00 RTD EAST CENTRAL PARK - TRANSP 010.4421.5501 U.S. BANK309 04/26/2024 300974 68.80 SPORTS SUPPLIES 010.4424.5251 U.S. BANK310 04/26/2024 300974 1,169.27 SPECIAL EVENTS- EGG HUNT, BUNNYGRAMS 010.4424.5252 U.S. BANK311 04/26/2024 300974 129.28 BIG 5 SPORTING GOODS- BASKETBALL 010.4424.5257 U.S. BANK312 04/26/2024 300974 21.54 MINERS ACE HARDWARE-COMMUNITY GARDEN 010.4424.5257 U.S. BANK313 04/26/2024 300974 773.55 CULTURESTORE-PICKLEBALL MEETING 010.4424.5351 U.S. BANK314 04/26/2024 300974 212.25 WATER CERT 010.4430.5255 U.S. BANK315 04/26/2024 300974 52.80 SPVR TRAINING LUNCH 220.4303.5501 U.S. BANK316 04/26/2024 300974 104.50 SUPPLIES FOR TRAINING 220.4303.5501 U.S. BANK317 04/26/2024 300974 20.70 MSA MTG - R SIMPSON 220.4303.5503 U.S. BANK318 04/26/2024 300974 104.51 SUPPLIES FOR TRAININGS 612.4610.5501 U.S. BANK319 04/26/2024 300974 104.51 SUPPLIES FOR TRAININGS 640.4710.5501 U.S. BANK320 04/26/2024 300974 655.72 BOOTS PER ARTICLE 16.1 OF MOU 640.4712.5148 U.S. BANK321 04/26/2024 300974 243.84 LODGING FOR TRAINING 640.4712.5501 U.S. BANK322 04/26/2024 300974 58.56 ROOFING -RES#2 BLDG 640.4712.5604 U.S. BANK323 04/26/2024 300974 58.56 ROOFING -RES#2 BLDG 640.4712.5604 U.S. BANK324 04/26/2024 300974 565.93 FCFA CHIEF INTERVIEW SUPPLIES 010.0000.1111 U.S. BANK325 04/26/2024 300974 125.00 STATE OFTHE COUNTY REGISTRATION-ROBESON 010.4307.5501 U.S. BANK326 04/26/2024 300974 1,306.98 UNIFORMS & EQUIPMENT 010.4203.5272 U.S. BANK327 04/26/2024 300974 1,173.08 TRAINING - LODGING 010.4203.5501 U.S. BANK328 04/26/2024 300974 17.39 FLEET SUPPLIES-CLEANING CLOTHS 010.4203.5601 U.S. BANK329 04/26/2024 300974 154.40 FUEL 010.4203.5608 U.S. BANK330 04/26/2024 300974 669.60 TRAINING - TUITION 010.4204.5501 U.S. BANK331 04/26/2024 300974 609.64 TRAINING - LODGING / REGISTRATION 010.4204.5501 U.S. BANK332 04/26/2024 300974 313.23 FLEET SUPPLIES 010.4204.5601 U.S. BANK333 04/26/2024 300974 64.88 FUEL 010.4204.5608 U.S. BANK

Page 20 of 311 ends

CITY OF ARROYO GRANDE

CHECK LISTING
APRIL 16 - APRIL 30, 2024
ATTACHMENT 1
Line Check Date Check # Amount Description Acct # Vendor Name334 04/26/2024 300974 $ 74.00 GOLDEN DONUT-VOLUNTEERS MEETING 010.4424.5250 U.S. BANK335 04/26/2024 300974 242.43 BOOT BARN - PW DIRECTOR 010.4307.5148 U.S. BANK336 04/26/2024 300974 79.04 CANVA - STICKERS FOR CAREER DAY 010.4101.5504 U.S. BANK337 04/26/2024 300974 16.94 WALMART - CANDY FOR CAREER DAY 010.4101.5504 U.S. BANK338 04/26/2024 300974 112.49 CHILI COOK OFF SUPPLIES 010.4101.5504 U.S. BANK339 04/26/2024 300975 1,303.95 BOOM RENTAL 4/4 - 4/10 TREE TRIMMING 010.4420.5552 UNITED RENTALS INC340 04/26/2024 300975 651.97 BOOM RENTAL 4/4 - 4/10 ROTARY TREE 010.4307.5303 UNITED RENTALS INC341 04/26/2024 300976 928.28 PAYROLL FOR: PW TEMP WORKER 010.4420.5303 UNITED STAFFING ASSOC.342 04/26/2024 300977 1,800.00 SWAT - TRAINING TUITION 010.4204.5501 VANAD TRAINING AND CONSULTING343 04/26/2024 300978 74.07 ACCT#208620661-00004 CIM CELL 010.4421.5602 VERIZON WIRELESS344 04/26/2024 300979 50.00 PARK DEPOSIT REFUND-ELM ST 010.0000.2206 CRISTINA VIDAURRI345 04/26/2024 300980 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 KEVIN VIRNIG346 04/26/2024 300981 109.40 DOCUMENT SHREDDING SERVICE 010.4201.5303 VITAL RECORDS CONTROL347 04/26/2024 300982 542.50 CITY OF AG MS4-STORMWATER MONITORING 010.4301.5303 WALLACE GROUP A CALIF CORP348 04/26/2024 300982 3,046.32 FOG PROGRAM ADMINISTRATION & INSPECTION 612.4610.5303 WALLACE GROUP A CALIF CORP349 04/26/2024 300983 105.00 REFUND-BASKETBALL 010.0000.4605 DANIELLE WEIDNER350 04/26/2024 300984 614.05 COPY MACHINE LEASE PAYMENT 010.4201.5803 WELLS FARGO VENDOR FINANCIAL351 04/26/2024 300985 1,440.00 03/24 SIGNAL MAINTENANCE 12 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC352 04/26/2024 300985 60.00 OAK PARK & JAMES WAY 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC353 04/26/2024 300985 60.00 OAK PARK & EL CAMINO REAL 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC354 04/26/2024 300985 75.00 OAK PARK & BRANCH 010.4307.5303 LEE WILSON ELECTRIC COMPANY INC355 04/26/2024 300986 65.00 REIMB. - JIUJITSU MAR 2024 010.4203.5501 TIMOTHY WILSON356 04/26/2024 300987 50.00 PARK DEPOSIT REFUND-RGP 010.0000.2206 JAVIER ZARATE357 04/26/2024 300988 678.92 AFLAC PRE TAX 011.0000.2126 AFLAC INSURANCE358 04/26/2024 300989 2,783.40 POLICE DEPT DUES 011.0000.2116 ARROYO GRANDE POLICE ASSN359 04/26/2024 300990 3,400.00 AG CAREER FIREFIGHTERS ASSN 011.0000.2115 FIVE CITIES PROF. FIREFIGHTERS360 04/26/2024 300991 43.90 PRE-PAID LEGAL SERVICES 011.0000.2125 LEGALSHIELD361 04/26/2024 300992 1,579.86 SEIU DUES 011.0000.2118 S.E.I.U. LOCAL 620362 04/26/2024 300993 624.99 DEPENDENT CARE ACCOUNT 011.0000.2127 STERLING ADMINISTRATION363 04/26/2024 300993 1,144.16 FLEXIBLE SPENDING ACCOUNT 011.0000.2127 STERLING ADMINISTRATION364 04/30/2024 300994 9,600.00 TREE REMOVAL, TREE TRIMMING, PRUNING 010.4420.5303 PARADISE TREE SERVICE $ 1,311,331.84

Page 21 of 311 ends

General Fund 400,411.31 5101 Salaries Full time 271,285.85 Streets Fund 26,491.43 5101 Volunteer Employee Retirement - Sewer Fund 11,403.43 5102 Salaries Part-Time - PPT 2,256.21 Water Fund 24,489.22 5103 Salaries Part-Time - TPT 4,344.47 462,795.39 5105 Salaries OverTime 10,573.60
5106 Salaries Strike Team OT -
5107 Salaries Standby 2,222.90
5108 Holiday Pay 496.39
5109 Sick Pay 5,523.79
Administrative Services 35.10 5110 Annual Leave Buyback - Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 7,683.60 5113 Vacation Pay 11,378.89
Public Works - Maintenance 2,218.72 5114 Comp Pay 2,718.29 Public Works - Enterprise 636.18 5115 Annual Leave Pay 13,951.97 Recreation - Administration - 5116 Salaries - Police FTO - Recreation - Special Events - 5121 PERS Retirement 39,670.10 Children In Motion - 5122 Social Security 24,694.35
10,573.60 5123 PARS Retirement 119.87
5126 State Disability Ins. 3,548.42
5127 Deferred Compensation 816.66
5131 Health Insurance 54,128.08
5132 Dental Insurance 2,991.36
5133 Vision Insurance 780.56
5134 Life Insurance 381.25
5135 Long Term Disability 384.33
5137 Leave Payouts 8,084.92
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 887.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 103.13
5150 Bi-Lingual Pay 175.00
5151 Cell Phone Allowance 1,277.50
462,795.39
OVERTIME BY DEPARTMENT:

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
03/29/24 - 04/11/2024
4/19/2024

BY FUND BY ACCOUNT
ATTACHMENT 2

Page 22 of 311 ends

Item 9.b.

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Resolutions for the 2024 General Municipal Election for the Election of Certain Officers of the City
DATE: May 28, 2024
RECOMMENDATION:
1) Adopt a Resolution calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers of the City;
2) Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 5, 2024; and 3) Adopt a Resolution adopting regulations for candidates governing the submittal of a Candidate Statement.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Funding for the November 2024 General Municipal Election has been included in the Fiscal Year 2024-25 Budget in the amount of $55,000, based on the estimate received from the San Luis Obispo County Clerk’s office.

BACKGROUND:

Historically in Arroyo Grande, the Mayor and City Council members were elected in atlarge elections where each of the four Council Members and the Mayor were elected by the registered voters of the entire City. On October 2, 2019, the City received a “Notice of Violation of California Voting Rights Act” and a report from attorney Robert Goodman, brought on behalf of Maria Minicucci, asserting that the City’s at-large method of conducting elections may violate the California Voting Rights Act (the “Act”) and threatening litigation if the City did not voluntarily transition to a district-based election system.

On October 16, 2019, the City Council adopted Resolution No. 4949 (Attachment 4) declaring its intent to transition from at-large to district-based elections by November 2022. While the Act requires public entities complying with Elections Code Section 10010 and agreeing to transition to district-based elections to do so in an expedited fashion, it

Page 23 of 311 ends

Item 9.b.

City Council
Resolutions for the 2024 General Municipal Election for the Election of Certain Officers of the City
May 28, 2024

Page 2 ends

was agreed to allow the City to defer implementation of the district-based election system until the November 2022 election.

On April 12, 2022, after a series of public hearings and workshops in 2021 and 2022, the City Council adopted Ordinance 713 (Attachment 5) establishing a by-district election system and created district boundaries. In November 2022, electors in Districts 1 and 4 voted for a City Councilmember from their district. In November 2024, electors in Districts 2 and 3 will vote for a City Councilmember from their district. The Mayor will continue to be elected by registered voters of the entire City (at-large).

State law establishes the dates when general law cities conduct municipal elections for the purpose of electing members of the City Council. The office of Council Member is a four-year term, with terms expiring at staggered intervals (i.e., terms of office for two members of the City Council are scheduled to expire every two years). The office of Mayor is a two-year term pursuant to a voter-approved measure adopted in 1982. The California Elections Code establishes procedures and requirements for conducting a General Municipal Election. As the first step in the election process, certain Resolutions must be adopted by the City Council.

ANALYSIS OF ISSUES:

Pursuant to Arroyo Grande Municipal Code Section 1.08.010, the City will conduct a General Municipal Election on the same day as, and consolidated with, the Statewide General Election. The Statewide General Election is held on the first Tuesday after the first Monday in November in even numbered years. This year, the date of the Statewide General Election is Tuesday, November 5, 2024. The request for consolidation must be submitted to the County Board of Supervisors no later than June 18, 2024.

By consolidating the election with other jurisdictions in the County, costs to the City to conduct the election are substantially reduced. Following the election, the County invoices the City for its proportional share of the costs. The estimated cost of $55,000 for the 2024 General Election has been included in the FY 2024-25 Budget.

The printing of candidate statements in the sample ballot booklet is also included in the City’s election costs. Since 2008, the City has sought full cost recovery from the candidate for the publication of a candidate statement pursuant to State law, since the publication of a candidate statement is optional and not a requirement. This is a consistent practice among most California cities. It is recommended that the word count limit be set at 200 words per statement, consistent with previous elections. The City requires an initial deposit at the time a candidate files his/her nomination papers. Candidates are then either invoiced or sent a refund after the County calculates the share of costs for printing/mailing of the sample ballot booklet for each agency and candidate.

Page 24 of 311 ends

Item 9.b.

City Council
Resolutions for the 2024 General Municipal Election for the Election of Certain Officers of the City
May 28, 2024

Page 3 ends

In 2024, the terms of Council Member Kristen Barneich, Council Member Lan George, and Mayor Caren Ray Russom are expiring.

The nomination period for candidates running for a seat on the City Council for the District 2 City Council Member position, the District 3 City Council Member position, and for Mayor is Monday, July 15, 2024, through Friday, August 9, 2024. If an incumbent does not file nomination papers and qualify by the close of the nomination period, the filing period is extended for non-incumbents for five (5) days pursuant to State law. Candidates for the District 2 City Council Member and District 3 City Council Member seats must live and be registered to vote in the districts for which they are nominated.

ALTERNATIVES:

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

1. Adopt the Resolutions pertaining to the 2024 Municipal Election; or

2. Provide other direction to staff.

ADVANTAGES:

Adoption of the proposed Resolutions will meet the provisions required by the California Elections Code for calling and giving notice of a General Municipal Election, requesting the services of the County to conduct a consolidated election, and setting forth regulations for candidates pertaining to the filing of candidate statements.

DISADVANTAGES:

There are no identified disadvantages related to adoption of the proposed Resolutions as they are required by State law in order to conduct a Consolidated General Municipal Election in the City.

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. A Notice of Election will be published in the newspaper pursuant to the timeline prescribed by the Elections Code.

ATTACHMENTS:

1. Proposed Resolution – Calling and Giving Notice of the November 5, 2024 Election

2. Proposed Resolution – Consolidation with the County

3. Proposed Resolution – Regulations for Candidate Statements

4. Resolution 4949

5. Ordinance 713

Page 25 of 311 ends

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO

GRANDE, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS

AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE

OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers.

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

1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Arroyo Grande, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing an at-large Mayor for the full term of two years, one Member of the City Council for District 2 for the full term of four years, and one Member of the City Council for District 3 for the full term of four years.

2. That the ballots to be used at the election shall be in form and content as required by law.

3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Luis Obispo County Clerk-Recorder to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

4. The vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election. shall be the same as those utilized by the County of San Luis Obispo and in compliance with the Elections Code of the State of California.

5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form, and manner as required by law.

7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of San Luis

Page 26 of 311 ends

RESOLUTION NO.

PAGE 2
Obispo County Clerk-Recorder, the City Council, in accordance with Election Code Section 15651(a), shall set a date, time, and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 28 th day of May, 2024.

Page 27 of 311 ends

RESOLUTION NO.

PAGE 3
__________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
__________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
____________________________________

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
__________________________________

ISAAC ROSEN, CITY ATTORNEY

Page 28 of 311 ends

ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO

GRANDE, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403

OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Arroyo Grande called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of the election of an at-large Mayor, one (1) Member of the City Council for District 2, and one (1) Member of the City Council for District 3; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Elections Division of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

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

1. That pursuant to the requirements of Section 10403 of the Election Code, the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of an at-large Mayor, one (1) Member of the City Council for District 2, and one (1) Member of the City Council for District 3.

2. That the Elections Division of the County Clerk-Recorder’s Office is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide election.

3. That the Board of Supervisors is requested to issue instructions to the Elections Division of the County Clerk-Recorder’s Office to take any and all steps necessary for the holding of the consolidated election.

4. That the City of Arroyo Grande recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such additional costs.

Page 29 of 311 ends

RESOLUTION NO.

PAGE 2

5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Elections Division of the San Luis Obispo County Clerk-Recorder’s Office.

6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 28 th day of May, 2024.

Page 30 of 311 ends

RESOLUTION NO.

PAGE 3
__________________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
__________________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
__________________________________________

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
__________________________________________

ISAAC ROSEN, CITY ATTORNEY

Page 31 of 311 ends

ATTACHMENT 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE, CALIFORNIA, ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE

OFFICE PERTAINING TO CANDIDATE STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.

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

1. That the following regulations are hereby adopted regarding candidate statements for candidates for elective office in the City of Arroyo Grande:

A. GENERAL PROVISIONS. That pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Arroyo Grande on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

B. FOREIGN LANGUAGE POLICY. The San Luis Obispo County ClerkRecorder’s Office shall have translated into Spanish only those statements as requested by the candidate, and print any translation(s) of candidates who so request printing in the voter pamphlet.

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RESOLUTION NO.

PAGE 2
C. PAYMENT.
i) The candidate shall be required to pay for the cost of printing the candidates statement in English in the voter’s pamphlet.
ii) The candidate shall be required to pay for the cost of translating and printing the candidates statement into the foreign language, pursuant to State law. iii) The San Luis Obispo County Clerk-Recorder’s Office shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to this Section, and the City Clerk shall require each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. The estimate is just an approximation of the actual costs that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.

Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid, depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the receipt of the final invoice from the County.

D. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.

2. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

3. That this Resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.

4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted on this 28 th day of May, 2024.

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RESOLUTION NO.

PAGE 3
_____________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
_____________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________

ISAAC ROSEN, CITY ATTORNEY

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Attachment 4

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ORDINANCE NO. 713

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2

OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE

ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR

COUNCIL MEMBERS, DEFINING DISTRICT

BOUNDARIES, AND SCHEDULING THE ORDER OF

ELECTION FOR EACH DISTRICT
WHEREAS, the City of Arroyo Grande (“City”) currently elects four (4) Council members and one (1) Mayor using an at-large election system; and WHEREAS, in response to threatened litigation regarding alleged non-compliance with the California Voting Rights Act (“CVRA”), the City Council of the City of Arroyo Grande (“City Council”) has determined that it is in the best interest of the City to shift from its current at-large election system to a by-district election system for four (4) Council members and to continue electing the mayor at-large; and WHEREAS, on October 22, 2019 the City Council adopted Resolution No. 4949, declaring the City’s intention to transition from at-large to district-based elections for Council members pursuant to Elections Code Section 10010; and WHEREAS, California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to require the members of the legislative body to be elected by district with an elective mayor; and WHEREAS, pursuant to California Government Code section 34886, it is declared that the purpose of this change in the method of electing Council members is to further the purposes of the California Voting Rights Act of 2001, (California Elections Code section 14025 et seq.) and implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and
WHEREAS, the City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps; and
WHEREAS, in accordance with Elections Code section 10010, the City Council held two (2) public hearings to obtain input on proposed district boundaries on July 27, 2021 and August 10, 2021; and
WHEREAS, the City conducted public workshops on September 18, 2021 and October 28, 2021 on the proposed district maps and made presentations to eight (8) community organizations; and
WHEREAS, on February 15, 2022, the City posted all draft maps submitted by the public on its website for public review; and
ATTACHMENT 5

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ORDINANCE NO. 713
PAGE 2
WHEREAS, on March 1, 2022, the City posted four (4) Council-selected focus district maps prepared by its demographer on its website for public review; and WHEREAS, at its regular meetings on February 22, 2022, March 8, 2022 and March 22, 2022, the City Council held three (3) additional public hearings at which the public was invited to provide input regarding the draft maps and the sequence of district elections; and
WHEREAS, at its March 8, 2022, meeting, the City Council provided direction to staff to bring back this Ordinance with a designated draft district map for the consideration of the City Council; and
WHEREAS, on March 22, 2022, the City Council introduced, read by title, and waived further reading of this Ordinance; and
WHEREAS, the City Council has satisfied all legal prerequisites to the enactment of this Ordinance; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of Council members bydistrict in four (4) single-member districts, as reflected in Exhibit A to this Ordinance, and the election of a Mayor by an at-large election.

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

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

SECTION 2. Chapter 2.21 entitled “Elections” is hereby added to Title 2 of the City of Arroyo Grande Municipal Code.

SECTION 3. At-Large Election of Mayor. Section 2.21.010 of Chapter 2.21 is hereby added to Title 2 of the City of Arroyo Grande Municipal Code to read as follows:

At-Large Election of Mayor.

The mayor shall be elected at-large and have a term of two (2) years. At a general municipal election in 1982, the voters determined to have an elected mayor who should serve a term of two (2) years.

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ORDINANCE NO. 713
PAGE 3
SECTION 4. By-District Elections. Section 2.21.020 is hereby added to Chapter 2.21 of Title 2 of the City of Arroyo Grande Municipal Code to read as follows:

By-District Elections of Council members.

A. Pursuant to California Government Code section 34886, four (4) members of the City Council of the City of Arroyo Grande shall be elected by-district in separate single-member districts.

1. Members of the City Council shall be elected in the electoral districts established by subdivision B of this Section, as may be subsequently reapportioned pursuant to State law. Elections shall take place “by district” as that term is defined in California Government Code section 34871, meaning one Council member shall be elected from each district, by the voters of that district alone.

2. Any candidate for City Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued. Any Council member elected or appointed to the seat of a specific district must reside in that district and be a registered voter in that district for his or her full term of office.

3. Termination of residency in a district by a Council member shall create a vacancy for that City Council district unless a substitute residence within the district is declared and established within thirty (30) days after the termination of residency.

4. Notwithstanding any other provision of this section, the Council members in office at the time this section takes effect shall continue in office until the expiration of the term to which they were elected. In the event a vacancy occurs during a Council member’s term, the vacancy shall be filled pursuant to the provisions of Government Code section 36512 (b).

B. City Council Districts and District Elections. Four (4) Council members shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Arroyo Grande District Map’ attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2022, and every four (4) years thereafter, the following two (2) City Council districts shall be elected by-district: District 1 and District 4. In 2024, and every four (4) years thereafter, the following two (2) City Council districts shall be elected by-district: District 2 and District 3.

C. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.

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ORDINANCE NO. 713
PAGE 4
SECTION 5. CEQA. Based upon the whole of the administrative record before it, the City Council hereby finds that a transition from at-large to by-district elections is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub.

Resources Code, §21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this Ordinance is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§15061(b)(3); 15378(b)(5).) In the event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, §15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines Section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the San Luis Obispo County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.

SECTION 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7. Effective Date. Pursuant to Government Code section 36937(a), this Ordinance shall take effect immediately upon adoption.

SECTION 8. Publication. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) 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 fifteen (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.

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

AYES: Council Members Storton, Barneich, Paulding, and Mayor Pro Tem George NOES: Mayor Ray Russom
ABSENT: None
the foregoing Ordinance was adopted this 12th day of April, 2022.

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ORDINANCE NO. 713
PAGE 6

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. .. . ·-
· OFFICIAL. CERTIFICATION
1, · JESSICA- MATSON,-- City Clerk of "the City of Arroyo· Grande, Couhty of San Luis Obispo, State of California, do hereby certify- under penalty of perjury, that the attached Ordinance No._ 713 which was introduced at a regular meeting of the City Council on March 22, 2022; was passed and adopted at a regular meeting of the City Council on the 12th day of April 2022; and was duly published in accordance with State law (G.C .. 40806).

WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of April, 2022.
. '
. '

JESSICA MATSON, CITY CLERK
·-.. •.· : '

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Item 9.c.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
DATE: May 28, 2024
RECOMMENDATION:
1) Approve the Engineer’s Reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2024-25;
2) Adopt Resolutions declaring the intention to levy and collect assessments for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, for FY 2024-2025;
3) Set a public hearing for June 25, 2024, at 6:00 p.m. for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract 1769, to consider levying the property assessments; and
4) Make findings that the Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities 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. (State CEQA Guidelines, § 15302.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The City created three assessment districts that provide assessment fees that pay for the landscaping and other specified maintenance for the respective assessment districts. The assessments are placed on the affected property owner’s tax roll each year. The total amount of revenue to be received from the assessment districts and used for specified maintenance and management projects in FY 2024-25 is approximately $56,298.

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Item 9.c.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
May 28, 2024

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BACKGROUND:

Arroyo Grande Landscaping and Lighting Assessment District No.1 within Tract 1769 On June 9, 1992, Arroyo Grande Landscaping and Lighting Assessment District No. 1 within Tract 1769 was created to provide landscaping and lighting improvements and maintenance for Tract 1769. The total assessment was $100 per parcel located within Tract 1769 (a total of $3,000). Improvements in Landscaping and Lighting Assessment District No. 1 include but are not limited to landscaping and ornamental vegetation in the public rights of way.

Current status:
 Assessment income remains at $3,000 annually.
 Potential Annual Expenditures (work improvements), if done annually, would exceed the annual fund balance by approximately $300.
 Expenditures/Work Improvements are completed as funding accumulates to a point where costs can be covered. If no services are needed and/or the annual engineering report is less in scope, these fees are not expended and can be carried over to the next fiscal year fund balance.
 The work improvements to be financed and maintained through this assessment district are related to landscape maintenance and limited to the applicable parkways and median along Oak Park Boulevard only.

Parkside Village Assessment District
On November 8, 2005, at the request of Parkside Village LLC, the sole owner and developer of the Parkside Village Subdivision (Tract 2310), the City Council approved the formation of the Parkside Village Assessment District. The improvements (maintenance and servicing) in the Parkside Village Assessment District include, but are not limited to:
 Areas bordering Farroll Road, Bakeman Lane entrances, behind and along Bakeman Lots 10, 11, 12 and 13 of Phase 1.
 Mini Park pedestrian pathway easement and drainage basin.  Fencing, gates and walls bordering Farroll Road, Bakeman Lane entrances, behind and along Bakeman Lots 10, 11, 12 and 13, park and drainage basin.  Pathway easement, lighting, and all improvements between lots 1, 2, and 3 between Dixson Street and the mini park, the mini park and all improvements to include walkways, play area, benches and basketball court on Lot 24; and  Drainage retention basin, and all improvement including the water separator on Lot 25 and French drains along the East boundary of Tract 2310-2.

Current status:
 Assessment income remains at $43,966 annually.
 Potential Annual Expenditures (work improvements) average $30,000 to $35,000 annually and do not exceed the annual income.

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City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
May 28, 2024

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 Expenditures/Work Improvements are completed as needed and through a licensed landscape contractor.
 The work improvements to be financed and maintained through this assessment district are landscaping and irrigation of common areas, maintenance of fencing and block walls, maintenance of a detention basin and drainage facilities, and partial park maintenance. The expanded infrastructure (detention basin, surrounding metal fencing and small park) requires a larger fund balance in anticipation of eventual replacement of these facilities. Assessment income not spent on annual maintenance is accrued to cover these replacement costs in the future.

Anticipated work in the next FY 2024-25 for the Parkside Village Assessment District is the replacement of the playground equipment and other improvements to the park area.

Staff has initiated coordination with residents and introduced conceptual designs. Using the results of the conceptual design process, cost estimates will be developed and reviewed to create a preliminary project that will also have full consultations with the resident group prior to the bidding and awarding of the project.

Grace Lane Assessment District
On November 28, 2006, at the request of Vista Robles LLC, the sole owner of the Grace Lane Subdivision (Tract 2236) at that time, the City Council approved the formation of the Grace Lane Assessment District. The annual assessments are $460 or $608 per parcel for a total annual assessment of $9,332. Maintenance and servicing of the improvements in the District include but are not limited to: 1) a pedestrian trail across the open space property (Lot B) including, but not limited to, the existing informal hiking trail currently passing through Lot B, signage, and fencing; 2) common areas and facilities, including but not limited to the open space parcels and drainage facilities; 3) open space maintenance in accordance with fuel modification specifications; and 4) the common drive area (not within the parcel boundaries) and associated improvement for Lots 16 through

19. Current status:
 Assessment income remains at $9,332 annually.
 Potential Annual Expenditures (work improvements) average $10,000; however, the amount of annual vegetation management and drainageway maintenance can be achieved with current assessment income.
 Contractual services costs through the California Conservation Corps (CCC) and California Men’s Colony (CMC) inmate crews are steadily increasing but have also kept the overall maintenance costs lower due to the routinely lower costs of labor versus a private contractor.
 Expenditures/Work Improvements are completed as needed and through a 3-year service contract with the CCC and a 4-year contract with CMC.

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Item 9.c.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
May 28, 2024

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 The work improvements to be financed and maintained through this assessment district are fuel modification in common areas and the adjacent large open space area; maintenance of drainage easement area and storm drain facilities; public trail maintenance; and a seal coat approximately every 5 years and a 2” A.C. overlay approximately every 20 years to the common driveway area to lots 16-19.  The need for a seal coat application was evaluated last year. After a field evaluation, it was determined that the seal coat application could be delayed. Staff will continue to monitor asphalt conditions in the common area of the driveway that accesses lots 16-19. This common driveway is located directly across the street from Grace Bible Church.

At the May 14, 2024, City Council meeting, the City Council adopted Resolutions ordering the preparation and filing of annual engineer’s reports for the Parkside Village Assessment District, Grace Lane Assessment District, and Arroyo Grande Landscaping and Lighting Assessment District No. 1, within Tract No. 1769. Subsequently, draft Engineers’ Reports were prepared by a consultant under contract with the City.

ANALYSIS OF ISSUES:

The California Streets and Highways Code Sections 22500 et seq., (California Landscape and Lighting Act of 1972) (Act), contains the process by which local governmental agencies form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas. The Act requires the City to complete the following process each fiscal year in order to levy and collect assessments:
 Adopt a Resolution describing any proposed new improvements or any substantial changes in existing improvements and ordering preparation and filing of an engineer’s report.

The City Council adopted Resolution Nos. 5281, 5282, and 5283 on April 11, 2023, ordering the preparation of engineer’s reports for the three Assessment Districts. No new improvements or substantial changes in existing improvements are proposed for FY 2024-25.
 Approve the Engineer’s Report and adopt a Resolution of Intention declaring the City Council’s intention to levy and collect assessments under the subject assessment districts for the upcoming fiscal year. The Resolution also states whether the assessment is proposed to change from the previous year and sets a date, hour and place for a public hearing.

Attached are draft proposed resolutions accomplishing this task. No changes to the assessments are proposed.

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Item 9.c.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
May 28, 2024

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 Conduct the public hearing affording all interested parties the opportunity to hear and be heard.

To be scheduled for June 25, 2024.
 Adopt a Resolution confirming the assessment, which constitutes the levy of the assessments for the 2024-25 fiscal year.

To be scheduled for June 25, 2024.

Upon fulfillment of these requirements, the City must submit the assessments to the County of San Luis Obispo for inclusion on the FY 2024-25 property tax roll.

ALTERNATIVES:

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

1. Approve staff’s recommendations; or

2. Request changes or clarification to the Engineers’ Reports and/or Resolutions and approve as modified; or

3. Provide staff other direction.

ADVANTAGES:

Adoption of the Resolutions will be in compliance with the Act and allow the City to move forward with the process to levy assessments.

DISADVANTAGES:

No disadvantages for the proposed actions have been identified.

ENVIRONMENTAL REVIEW:

Class 2 exemption: Replacement or reconstruction. The Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities 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. (State CEQA Guidelines, § 15302.).

PUBLIC NOTIFICATION AND COMMENTS:

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

ATTACHMENTS:

1. Proposed Resolution – Parkside Village Assessment District

2. Proposed Resolution – Grace Lane Assessment District

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Item 9.c.

City Council
Consideration of Engineer’s Reports and Resolutions Declaring the City’s Intention to Levy and Collect Assessments
May 28, 2024

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3. Proposed Resolution – Arroyo Grande Landscaping and Lighting District No. 1, Tract 1769

4. FY 2024-25 Engineer’s Report – Parkside Village Assessment District

5. FY 2024-25 Engineer’s Report – Grace Lane Assessment District

6. FY 2024-25 Engineer’s Report – Arroyo Grande Landscaping and Lighting District No. 1, Tract 1769

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING ITS INTENTION TO LEVY

AND COLLECT ANNUAL ASSESSMENTS RELATED TO

THE PARKSIDE VILLAGE ASSESSMENT DISTRICT FOR
FISCAL YEAR 2024-2025
WHEREAS, on November 8, 2005, the City Council of the City of Arroyo Grande adopted Resolution No. 3888 ordering the formation of the Parkside Village Assessment District (“District”) under Part 2 of Division 15 of the California Streets and Highways Code 22500- 22679 (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and
WHEREAS, the said improvements in the District include but are not limited to :

Landscaping bordering Farroll Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12 and 13 of Phase 1, mini park pedestrian pathway easement and drainage basin; fencing, gates and walls bordering Farroll Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12 and 13, park and drainage basin; the pathway easement, lighting and all improvements between lots 1, 2, and 3 between Dixson Street and the mini park, the mini park and all improvements to include walkways, play area, benches and basketball court on Lot 24; the drainage retention basin and all improvement including the water separator on Lot 25 and French drain)s) along the East boundary of Tract 2310-2; and
WHEREAS, the City Council, at its meeting of May 14, 2024, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for the District.

WHEREAS the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Parkside Village Assessment District Fiscal Year 2023-24, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, and the boundaries of the proposed assessments upon assessable lots and parcels of land.

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

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

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RESOLUTION NO.

PAGE 2

2. That the City Council hereby declares that it is its intention to seek the annual levy of assessments for the District pursuant to Streets and Highways Code Chapter 3, Section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2024-2025 within the boundaries of the District described herein and in more detail within the Engineer’s Report.

3. The improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the prior year.

4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Streets and Highways Code Section 22628.

5. That notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, June 25, 2024 at 6:00 p.m. or as soon thereafter as feasible at the City Council Chambers, 215 E. Branch Street, Arroyo Grande, California, 93420 or via teleconference as follows: Zoom Meeting:
https://us02web.zoom.us/j/86752345420; or by Telephone: 1-669-900-6833; 1-346- 248-7799.

6. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of notices.

7. That the action is categorically exempt from the California Environmental Quality Act under the Class 2 exemption, which applies to the replacement or reconstruction of existing structures and facilities 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. (State CEQA Guidelines, § 15302.)

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RESOLUTION NO.

PAGE 3
On motion of , seconded by , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 28th day of May, 2024.

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RESOLUTION NO.

PAGE 4

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

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ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING ITS INTENTION TO LEVY

AND COLLECT ANNUAL ASSESSMENTS RELATED TO

THE GRACE LANE ASSESSMENT DISTRICT FOR FISCAL
YEAR 2024-2025
WHEREAS, on November 28, 2006, the City Council of the City of Arroyo Grande adopted Resolution No. 3976 ordering the formation of the Grace Lane Assessment District (“District”) under Part 2 of Division 15 of the California Streets and Highways Code sections 22500-22679 (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and WHEREAS, the said improvements in the District include but are not limited to: 1) a pedestrian trail across the open space property (Lot B) including, but not limited to, the existing informal hiking trail currently passing through Lot B, signage, fencing; 2) common areas and facilities, including but not limited to the open space parcels and drainage facilities; 3) open space and maintenance thereof in accordance with fuel modification specifications as described in Mitigation Measure No. 15 in Resolution No. 3732 of the City Council of the City of Arroyo Grande; and 4) a private drive and associated improvement for Lots 16 through 19; and
WHEREAS, the City Council, at its meeting of May 14, 2024, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for the District; and WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Grace Lane Assessment District Fiscal Year 2024-25, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the assessment District, and the proposed assessments upon assessable lots and parcels of land within the District.

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

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

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RESOLUTION NO.

PAGE 2

2. That the City Council hereby declares that it is its intention to seek the annual levy of assessments for the District pursuant to Streets and Highways Code section 22624 et seq., over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2024-2025 within the boundaries of the District described herein and in more detail within the Engineer’s Report.

3. That the improvements to be maintained are specified in the Engineer’s Report, no substantial changes are proposed to be made to the existing improvements and the assessment is not proposed to increase from the prior year.

4. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of proposed assessments for the improvements related thereto in accordance with Streets and Highways Code section 22628 et seq.

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 28th day of May, 2024.

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RESOLUTION NO.

PAGE 3

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

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ATTACHMENT 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DECLARING ITS INTENTION TO LEVY

AND COLLECT ANNUAL ASSESSMENTS RELATED TO

THE ARROYO GRANDE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769,
FOR FISCAL YEAR 2024-2025
WHEREAS, on May 12, 1992, the City Council of the City of Arroyo Grande adopted Resolution No. 2932 ordering the formation of Arroyo Grande Landscaping and Lighting Assessment District No. 1 (“District”), within Tract 1769, under Part 2 of Division 15 of the California Streets and Highways Code sections 22500-22679 (Landscape and Lighting Act of 1972), which allows local governmental agencies to form assessment districts for the purpose of financing the costs and expenses of landscaping and lighting public areas; and
WHEREAS improvements in the District include but are not limited to: landscaping and ornamental vegetation in the public rights of way; and
WHEREAS, the City Council, at its meeting of May 14, 2024, received a report from the Public Works Director advising the City Council that no new improvements or substantial changes in existing improvements are proposed for District; and WHEREAS the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the costs and expenses related to the aforementioned improvements described in this Resolution; and WHEREAS, an Engineer’s Report entitled Parkview, Landscaping District 1 Tract 1769 Fiscal Year 2024-25, (“Engineer’s Report”) has been prepared and filed with the City Clerk and approved by the City Council, which provides a detailed description of the improvements, the proposed operation and maintenance costs, the boundaries of the assessment District, and the proposed assessments upon assessable lots and parcels of land within the District.

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

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

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RESOLUTION NO.

PAGE 2
operations related thereto for Fiscal Year 2024-2025 within the boundaries of the District described herein and in more detail within the Engineer’s Report.

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 28th day of May, 2024.

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RESOLUTION NO.

PAGE 3

CAREN RAY RUSSOM, MAYOR
ATTEST:

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

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Final Engineer’s Report
for
Parkside Village Assessment District
Fiscal Year 2024-25
City of Arroyo Grande
State of California
Prepared for:

City of Arroyo Grande
Prepared by:

Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
May 12, 2024
Attachment 4

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Parkside Village Assessment District
Fiscal Year 2024-25

Table of Contents
CERTIFICATES ............................................................................................................................................. 1-1 INTRODUCTION ENGINEER’S REPORT ........................................................................................................ 2-1 ENGINEER’S REPORT .................................................................................................................................. 3-1 PART A: PLANS AND SPECIFICATIONS ........................................................................................................ 4-1 PART B: ESTIMATE OF COST ....................................................................................................................... 5-1 PART C: ASSESSMENT DISTRICT DIAGRAM ................................................................................................. 6-1 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT ......................................................................... 7-1 PART E: ASSESSMENT ROLL ........................................................................................................................ 8-1

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Parkside Village Assessment District
Fiscal Year 2024-25

1-1

CERTIFICATES

CITY OF ARROYO GRANDE

PARKSIDE VILLAGE ASSESSMENT DISTRICT
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Wallace Group, respectfully submits the attached Engineer’s Report as directed by the City of Arroyo Grande pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highway Code. The Undersigned certifies that he/she is a Professional Engineer registered in the State of California.

Engineer of Work:__________________________ Dated:___5/12/24____________ Kari Wagner, P.E.

Principal
Wallace Group
CA# 66026
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed by me on the _____ day of ______________ 2024.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

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Parkside Village Assessment District
Fiscal Year 2024-25

1-2
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Arroyo Grande, San Luis Obispo County, California on the _____ day of ______________ 2024.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of San Luis Obispo, on the _____ day of ______________ 2024.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

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Parkside Village Assessment District
Fiscal Year 2024-25
2-1
INTRODUCTION ENGINEER’S REPORT

CITY OF ARROYO GRANDE

PARKSIDE VILLAGE ASSESSMENT DISTRICT
FISCAL YEAR 2024-25
To ensure a flow of funds for the construction, operation, maintenance and servicing of specified improvements within the boundary of the subdivision known as Parkside (Tract Maps 2310-1 and 2310-2); the City Council will approve the City of Arroyo Grande’s Parkside Village Assessment District (“The District”) this fiscal year. As required by the Landscaping and Lighting Act of 1972 (“The Act”), this Engineer’s Report describes the improvements to be constructed, operated, maintained and serviced by the District for Fiscal Year 2024-25, provides an estimated budget for the District and lists the proposed assessments to be levied upon each assessable lot within the District. The boundaries of the District are shown on the Assessment Diagram and incorporated into this report as Part “C”.

The cost of operation, maintenance, and servicing of the improvements to be funded by the District will be apportioned to each lot within the District in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the City Council, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year, they will be subject to the noticing and balloting procedures referenced in Proposition 218.

Payment of the assessment for each lot will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

The City Council will hold a meeting on June 25, 2024 to provide an opportunity for any interested person to be heard. At the conclusion of the meeting, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution and recordation of the District’s Tract Maps, the Final Assessor’s Roll will be prepared and filed with the San Luis Obispo County Auditor’s office to be included on the Fiscal Year 2024-25 tax roll.

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Parkside Village Assessment District
Fiscal Year 2024-25
3-1
ENGINEER’S REPORT
ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF

THE CALIFORNIA STREETS AND HIGHWAY CODE

CITY OF ARROYO GRANDE

PARKSIDE VILLAGE ASSESSMENT DISTRICT
FISCAL YEAR 2024-25
Pursuant to the Landscaping & Lighting Act of 1972 of the Streets and Highways Code of the State of California, commencing with Section 22500, this Engineer’s Report submitted to the City Clerk of the City of Arroyo Grande in connection with the proceedings of the City Council to consider the continuation of the Parkside Village Assessment District, Kari Wagner, PE, duly-authorized representative of Wallace Group, consultant to the City, submits this Engineer’s Report consisting of the following parts:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements of the District. Preliminary design documents for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Engineer of the City of Arroyo Grande, and are incorporated herein by reference. Plans are incorporated into the assessment diagram, listed as Exhibit “C”, as allowed under Section 22568 of the Act. Exhibit “C” displays the District as consisting of 2 zones:
one (1) and two (2). The Plans and Specifications remain consistent with the approved Parkside Village Assessment District, as approved on December 19th, 2005.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposal improvements for fiscal year 2024-25, including incidental costs and expenses in connection therewith, as set forth on the lists thereof, attached hereto.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates, by reference, a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District. This Diagram had been prepared for the approved Engineer’s Report approved December 19th, 2005. The lines and dimensions of each lot within the District are those lines and dimensions to be shown on the maps of the San Luis Obispo County Assessor following the recordation of Tract Maps 2310-1 and 2310-2.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part describes the method of apportionment based upon the parcel classification of land within the District, and in proportion to the estimated benefits to be received.

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Parkside Village Assessment District
Fiscal Year 2024-25
3-2
PART E: ASSESSMENT ROLL
This part contains a description of each lot of property proposed to be subject to the assessment, including the amount of the assessment on each lot for Fiscal Year 2024-25.

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Parkside Village Assessment District
Fiscal Year 2024-25
4-1
PART A: PLANS AND SPECIFICATIONS
The Plans and Specifications are per the original adopted Engineer’s Report, dated December 19th, 2005. No Changes in services are being made at this time.

DESCRIPTION OF IMPROVEMENTS
The following improvements are proposed to be operated, maintained, and serviced in the Parkside Village Assessment District for Fiscal Year 2024-25.

Landscaping and Block Walls along Farroll Avenue and Bakeman North, a Park, a Detention Basin and Water Separator, a Sidewalk and Path to Parks, Fencing, and a French Drain.

Services include but are not limited to personnel; contractual services; grading; clearing; removal of debris; installation or reconstruction of said improvements at the end of their expected lifespan; and any other items necessary for the maintenance or servicing of the facilities.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, park or appurtenant facilities; providing for the live, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.

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Parkside Village Assessment District
Fiscal Year 2024-25
5-1
PART B: ESTIMATE OF COST
The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing, of landscaping and appurtenant facilities can be recovered by the District. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process can also be included. Annual levy reports will be prepared to update the District budget and assessments. Annual cost indexing of the maximum authorized assessments will be tied to the region’s Consumer Price Index (CPI).

The proposed operation, maintenance and servicing costs for Fiscal Year 2024-25 are summarized below.

As Preliminarily
Approved
As Confirmed and
Recorded
Approximate Fund Balance (07/01/24)
1 $501,116
2024-25 Assessment Income2 $43,966
Less Estimated Expenditures3($284,680)
Estimated Fund Balance (06/30/25) $260,402
1 The estimated balance as of July 1, 2024 for Parkside Village Assessment District provided by City of Arroyo Grande.
2 A CPI Adjustment was not made for 2024/25 fiscal year. 3 Expenditures include $32,380 for services and supplies and $2,300 for administration. An additional $250,000 has been allocated for replacement of a playground this fiscal year.

See original Engineer’s Report Exhibit “A” for details on costs of improvements.

The 1972 Act requires that a special fund be set up for revenues and expenditures of the District. Funds raised by the assessments shall be used for the purpose as stated herein. Any balance remaining on July 1 must be carried over to the next Fiscal Year unless the funds are being accumulated for future capital improvements and operating reserves.

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Parkside Village Assessment District
Fiscal Year 2024-25
6-1
PART C: ASSESSMENT DISTRICT DIAGRAM
Properties located within the proposed City of Arroyo Grande Parkside Village Assessment District are within the subdivision known as Parkside (Tract Maps 2310-1 and 2310-2).

The lines and dimensions of each lot within the District are those lines and dimensions shown on the Tract Maps approved by the City of Arroyo Grande Department of Public Works for the year when the original Engineer’s Report was prepared. The Assessment District Diagram for the District is included in this report as Exhibit “C” and is the same Assessment Diagram as the Assessment Diagram approved in the original Engineer’s Report.

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Parkside Village Assessment District
Fiscal Year 2024-25
7-1
PART D: METHOD OF APPORTIONMENT OF

ASSESSMENT
For details on Method of Apportionment, please refer to the original adopted Engineer’s Report, dated December 19, 2005. No changes to the Benefit Zone Classification Assessment Methodology and Benefit determination have been made.

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Parkside Village Assessment District
Fiscal Year 2024-25
8-1
PART E: ASSESSMENT ROLL
FY 2024-25
Assessment Amount
as Preliminarily
Approved
Assessment Amount
as Confirmed and
Recorded
Zone 1 - APN Lot #
077255002 Lot 1 $446.00
077255003 Lot 2 $446.00
077255004 Lot 3 $446.00
077255005 Lot 4 $446.00
077255006 Lot 5 $446.00
077255007 Lot 6 $446.00
077255008 Lot 7 $446.00
077255009 Lot 8 $446.00
077255010 Lot 9 $446.00
077255011 Lot 10 $446.00
077255012 Lot 11 $446.00
077255013 Lot 12 $446.00
077255014 Lot 13 $446.00
Total: $5,798.00
Zone 2 - APN Lot #
077255015 Lot 14 $734.00
077255016 Lot 15 $734.00
077255017 Lot 16 $734.00
077255018 Lot 17 $734.00
077255019 Lot 18 $734.00
077255020 Lot 19 $734.00
077255021 Lot 20 $734.00
077255022 Lot 21 $734.00
077255023 Lot 22 $734.00
077255024 Lot 23 $734.00
077255027 Lot 26 $734.00
077255028 Lot 27 $734.00
077255029 Lot 28 $734.00
077255030 Lot 29 $734.00
077255031 Lot 30 $734.00
077255032 Lot 31 $734.00
077255033 Lot 32 $734.00

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Parkside Village Assessment District
Fiscal Year 2024-25
8-2
077255034 Lot 33 $734.00
077255035 Lot 34 $734.00
077255036 Lot 35 $734.00
077255037 Lot 36 $734.00
077255038 Lot 37 $734.00
077255039 Lot 38 $734.00
077255040 Lot 39 $734.00
077255041 Lot 40 $734.00
077255042 Lot 41 $734.00
077255043 Lot 42 $734.00
077255044 Lot 43 $734.00
077255045 Lot 44 $734.00
077255046 Lot 45 $734.00
077255047 Lot 46 $734.00
077255048 Lot 47 $734.00
077255049 Lot 48 $734.00
077255050 Lot 49 $734.00
077255051 Lot 50 $734.00
077255052 Lot 51 $734.00
077255053 Lot 52 $734.00
077255054 Lot 53 $734.00
077255055 Lot 54 $734.00
077255056 Lot 55 $734.00
077255057 Lot 56 $734.00
077255058 Lot 57 $734.00
077255059 Lot 58 $734.00
077255060 Lot 59 $734.00
077255061 Lot 60 $734.00
077255062 Lot 61 $734.00
077255063 Lot 62 $734.00
077255064 Lot 63 $734.00
077255065 Lot 64 $734.00
077255066 Lot 65 $734.00
077255067 Lot 66 $734.00
077255068 Lot 67 $734.00
Total: $38,168.00
Grand Total $43,966.00

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Final Engineer’s Report
for
Grace Lane
Assessment District
Fiscal Year 2024-25
Prepared for:

City of Arroyo Grande
Prepared by:

Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
May 12, 2024
Attachment 5

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Grace Lane Assessment District
Fiscal Year 2024-25
Table of Contents
CERTIFICATES ............................................................................................................................................. 1-1 INTRODUCTION ENGINEER’S REPORT ........................................................................................................ 2-1 ENGINEER’S REPORT .................................................................................................................................. 3-1 PART A: PLANS AND SPECIFICATIONS ........................................................................................................ 4-1 PART B: ESTIMATE OF COST ....................................................................................................................... 5-1 PART C: ASSESSMENT DISTRICT DIAGRAM ................................................................................................. 6-1 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT ......................................................................... 7-1 PART E: ASSESSMENT ROLL ........................................................................................................................ 8-1 EXHIBIT “C” ................................................................................................................................................ 9-1 EXHIBIT “D” ............................................................................................................................................. 10-1 EXHIBIT “E” .............................................................................................................................................. 11-1 EXHIBIT “F” .............................................................................................................................................. 12-1 EXHIBIT “G” ............................................................................................................................................. 13-1

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Grace Lane Assessment District
Fiscal Year 2024-25
1-1

CERTIFICATES

CITY OF ARROYO GRANDE
Grace Lane Assessment District
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Wallace Group, respectfully submits the attached Engineer’s Report as directed by the City of Arroyo Grande pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highway Code. The Undersigned certifies that he/she is a Professional Engineer registered in the State of California.

Engineer of Work:__________________________ Dated:___05/12/24___________ Kari Wagner, P.E.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

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Grace Lane Assessment District
Fiscal Year 2024-25
1-2
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Arroyo Grande, San Luis Obispo County, California on the _____ day of ______________ 2024.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

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Grace Lane Assessment District
Fiscal Year 2024-25
2-1
INTRODUCTION ENGINEER’S REPORT

CITY OF ARROYO GRANDE

GRACE LANE ASSESSMENT DISTRICT
FISCAL YEAR 2024-25
To ensure a flow of funds for the construction, operation, maintenance and servicing of specified improvements within the boundary of the subdivision known as Tract 2236 in the City of Arroyo Grande; the City Council approves the City of Arroyo Grande’s Grace Lane Assessment District (“The District”) this fiscal year. As required by the Landscaping and Lighting Act of 1972 (“The Act”), this Engineer’s Report describes the improvements to be constructed, operated, maintained, and serviced by the District for Fiscal Year 2024-25, provides a most probable estimated budget for the District, and lists the proposed assessments to be levied upon each assessable lot within the District. The boundaries of the District are reflective of Tract 2236, shown on the Assessment Diagram and incorporated into this report as Part “C”.

The City will hold a Public Hearing on June 25, 2024 to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution and recordation of the District’s Tract Maps, the final Assessor’s roll will be prepared and filed with the San Luis Obispo County Auditor’s Office to be included on the Fiscal Year 2024-25 tax roll.

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Grace Lane Assessment District
Fiscal Year 2024-25
3-1
ENGINEER’S REPORT
ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA

STREETS AND HIGHWAY CODE

CITY OF ARROYO GRANDE

GRACE LANE ASSESSMENT DISTRICT
FISCAL YEAR 2024-25
Pursuant to the Landscaping & Lighting Act of 1972 of the Streets and Highways Code of the State of California, commencing with Section 22500, this Engineer’s Report submitted to the City Clerk of the City of Arroyo Grande in connection with the proceedings of the City Council to consider the establishment of the Grace Lane Assessment District, Kari Wagner, PE, duly-authorized representative of Wallace Group, consultant to the City, submits this Engineer’s Report consisting of the following parts:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements of the District. Preliminary design documents for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the City Engineer of the City of Arroyo Grande, and are incorporated herein by reference. Plans are incorporated into the assessment diagram, listed as Exhibit “C”, Exhibit “D”, Exhibit “E”, Exhibit “F”, and Exhibit “G”, as allowed under section 22568 of the Act. Exhibit “C” shows the public trail to be maintained, Exhibit “D” explains The City of Arroyo Grande’s fuel modification specifications by zone and Exhibit “E” shows fuel modification Zones 1, 2, and 3 in Tract 2236. Exhibit “F” shows the storm drain maintenance and Exhibit “G” shows the slope maintenance and road maintenance for Tract 2236.

All Exhibits are reflective of the Exhibits approved in the original Engineer’s Report dated November 28, 2006.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates, by reference, a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District (see Exhibits “C” “E” “F” and “G”). These Diagrams have been prepared for the approved Engineer’s Report approved November 28, 2006. The lines and dimensions of each lot within the District are those lines and dimensions to be shown on the maps of the San Luis Obispo County Assessor following the recordation of Tract Maps 2236.

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Grace Lane Assessment District
Fiscal Year 2024-25
3-2
PART D: METHOD OF APPORTIONMENT OF ASSESSMENT
This part describes the method of apportionment based upon the parcel classification of land within the District, and in proportion to the estimated benefits to be received.

PART E: ASSESSMENT ROLL
This part contains a description of each lot of property proposed to be subject to the assessment, including the amount of the assessment on each lot for Fiscal Year 2024-25.

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Grace Lane Assessment District
Fiscal Year 2024-25
4-1
PART A: PLANS AND SPECIFICATIONS
The Plans and Specifications are per the original adopted Engineer’s Report, dated November 28th, 2006. No changes in services are being made at this time.

Description of Improvements
The following improvements are proposed to be operated, maintained, and serviced within the Grace Lane Assessment District for Fiscal Year 2024-25.

Open space weed abatement, fire fuel suppression, and public trail maintenance.

Fire fuel suppression is to be completed on a continual basis per Tract 2236 Grace Lane, City of Arroyo Grande P.U.D. Fuel Modification Specifications. (See Exhibits D and E) Drainage easements and the facilities as specified shall be maintained on an annual basis. Storm drain lines shall be “jetted” and cleaned of any debris as necessary to maintain clear and operational lines prior to the rainy season. Manholes and catch basins shall be vacuumed and/or cleaned of any debris, as deemed necessary, by the City of Arroyo Grande Superintendent of streets and drainage. (See Exhibit F) Maintenance of the slopes outside public right of way not including private lots and drainage within two areas (Area “A”, benefits lots 1-15, and Area “B”, benefits lots 16-19 (See Exhibit G)) are to be maintained by City of Arroyo Grande Streets Lead Worker.

Road maintenance for the private drive to lots 16-19, shall be seal coat/slurry seal at 5-year intervals, and 2” A.C. overlay at 20-year intervals if required, based on the City of Arroyo Grande road maintenance department recommendations. (See Exhibit G)
Services included but are not limited to personnel; contractual services; grading; clearing; removal of debris; installation or reconstruction of said improvements at the end of their expected lifespan; and any other items necessary for the maintenance or serving of the facilities.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance, and servicing of the landscaping, or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; and the removal of trimmings, rubbish, debris, and other solid waste.

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Grace Lane Assessment District
Fiscal Year 2024-25
5-1
PART B: ESTIMATE OF COST
The proposed operation, maintenance and servicing costs for Fiscal Year 2024-25 are summarized below.

As Preliminarily
Approved
As Confirmed and
Recorded
Approximate Fund Balance (07/01/24) 1 $ 26,737
2024-25 Assessment Income (Fire Suppression)2 $8,740
2024-25 Assessment Income (Seal Coat)2 $592
Less Estimated Expenditures3($16,135)
Estimated Fund Balance (6/30/24) $19,934
1 The estimated balance as of July 1, 2024 for Grace Lane Assessment District provided by City of Arroyo Grande. 2 Assessment income based on 19 homes x $460 = $8,740 for Fire Suppression, 4 homes x $148 = $592 for seal coat. 3 Expenditures include $14,535 for services and supplies and $1,600 for administration.

See original Engineer’s Report Appendix 1 and 2 for details on costs of improvements.

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Grace Lane Assessment District
Fiscal Year 2024-25
6-1
PART C: ASSESSMENT DISTRICT DIAGRAM
Properties located within the proposed City of Arroyo Grande Grace Lane Assessment District are within the subdivision known as Grace Lane (Tract Map 2236).

The Lines and dimensions of each lot within the District are those lines and dimensions shown on the Tract Map approved by the City of Arroyo Grande for the year when the original Engineer’s Report was prepared.

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Grace Lane Assessment District
Fiscal Year 2024-25
7-1
PART D: METHOD OF APPORTIONMENT OF

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Grace Lane Assessment District
Fiscal Year 2024-25
8-1
PART E: ASSESSMENT ROLL
Lot#
Assessor Parcel
Number
(APN)
FY 2024-25
As Preliminary
Approved
As Confirmed
and Recorded
1 007019002 $460.00
2 007019003 $460.00
3 007019004 $460.00
4 007019005 $460.00
5 007019006 $460.00
6 007019007 $460.00
7 007019008 $460.00
8 007019035 $460.00
9 007019036 $460.00
10 007019037 $460.00
11 007019012 $460.00
12 007019014 $460.00
13 007019015 $460.00
14 007019016 $460.00
15 007019017 $460.00
16 007019034 $608.00
17 007019033 $608.00
18 007019025 $608.00
19 007019030 $608.00
TOTAL: $9,332.00

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Grace Lane Assessment District
Fiscal Year 2024-25
9-1
EXHIBIT “C”
Assessment Diagram

Page 87 of 311 ends

Page 88 of 311 ends

Grace Lane Assessment District
Fiscal Year 2024-25
10-1
EXHIBIT “D”
Exhibit D: Fuel Modification Specifications
In accordance with Municipal Section 8.44.020 all grass, weeds, brush, and other combustibles will be maintained in a condition that will make it unlikely that it will become easily ignited or support the spread of fire. The Fire Department encourages the property owner to consider the use of livestock (goats, cattle, etc.) to ecologically maintain the fire safety of this land.

Zone 1
Grasses shall be cut down to a length of 4 inches or less yearly, or as required by the City of Arroyo Grande Fire Department. All brush and pampas grasses will also be cut down in this zone.

Zone 2
Shrubs under oaks and within 10 feet of tree canopies shall be removed. Brush in this area shall be thinned to the satisfaction of the Arroyo Grande Fire Department to allow for minimal spread of fire and to allow adequate access for firefighting suppression efforts. Grasses and brush shall be kept mowed in this zone as well.

Zone 3
To eliminate ladder fuels beneath oak trees, oak limbs to be considered for removal shall be less than 4 inches in diameter and within 4 feet of the ground. Branches must be chipped for mulch and spread on site.
• Grasses in this zone shall be kept mowed where practical. • Trees with shrubs adjacent to the canopy shall likewise have limbs 4 inches or less removed until clearance is achieved between canopy and shrubs.
• Some shrubs in this area may be indicated in the field to be thinned. • Existing fallen branches located in treated zones shall be chipped and used as mulch. • Removal of larger limbs over 4 inches in diameter which pose a hazard or are within 4 feet of vertical clearance zone must be approved by an arborist and the Director of Parks, Recreation, and Facilities.
• All pruning work done on oak trees in this zone shall be done only after the issuance of a Pruning Permit by the Director of Parks, Recreation, and Facilities.

Notes
A site walk with the owner or Homeowners Association’s Representative and the City of Arroyo Grande Fire Marshall is required prior to the commencement of any work in the defined open space areas.

All work on and around existing oak trees shall conform to the conditions of the City of Arroyo Grande Community Tree Ordinance 431 C.S. All Pruning of oak trees shall be executed per documented recommendations by a certified arborist using ISA approved pruning standards. All contractors and subcontractors shall have read the community tree ordinance and be familiar with the conditions therein.

Page 89 of 311 ends

Grace Lane Assessment District
Fiscal Year 2024-25
11-1
EXHIBIT “E”
Fuel Modification Zones

Page 90 of 311 ends

Page 91 of 311 ends

Grace Lane Assessment District
Fiscal Year 2024-25
12-1
EXHIBIT “F”
Storm Drain Maintenance Exhibit

Page 92 of 311 ends

Page 93 of 311 ends

Grace Lane Assessment District
Fiscal Year 2024-25
13-1
EXHIBIT “G”
Slope Maintenance/Road Maintenance

Page 94 of 311 ends

Page 95 of 311 ends

Final Engineer’s Report
for
Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
City of Arroyo Grande
State of California
Prepared for:

City of Arroyo Grande
Prepared by:

Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
May 12, 2024
Attachment 6

Page 96 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
Table of Contents
CERTIFICATES ........................................................................................................................................ 1-1 INTRODUCTION ENGINEER’S REPORT .................................................................................................... 2-1 PLANS AND SPECIFICATIONS ................................................................................................................. 3-1 ESTIMATE OF COSTS .............................................................................................................................. 4-1 ASSESSMENT DIAGRAM ........................................................................................................................ 5-1 ASSESSMENT SCHEDULE ........................................................................................................................ 6-1

Page 97 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
1-1

CERTIFICATES

CITY OF ARROYO GRANDE
Parkview, Landscape District #1
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Wallace Group, respectfully submits the attached Engineer’s Report as directed by the City of Arroyo Grande pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highway Code. The undersigned certifies that he/she is a Professional Engineer registered in the State of California.

Engineer of Work:__________________________ Dated: 05/12/24 Kari Wagner, P.E.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

Page 98 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
1-2
I HEREBY CERTIFY that the attached Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Arroyo Grande, San Luis Obispo County, California on the _____ day of ______________ 2024.

Jessica Matson, City Clerk
City of Arroyo Grande
San Luis Obispo, California
By:_____________________________

Page 99 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
2-1
INTRODUCTION ENGINEER’S REPORT
REPORT
“LANDSCAPING AND LIGHTING ACT OF 1972”
Pursuant to the Landscaping & Lighting Act of 1972 of the Streets and Highways Code of the State of California, commencing with Section 22500, this Engineer’s Report submitted to the City Clerk of the City of Arroyo Grande in connection with the proceedings of the City Council to consider the establishment of the Parkview, Landscape District #1, Kari Wagner, PE, duly-authorized representative of Wallace Group, consultant to the City, submits this Engineer’s Report consisting of the following parts:

Part I: PLANS AND SPECIFICATIONS
The plans and specifications describe the general nature, location and extent of the proposed improvements, and said plans and specifications, as applicable, indicate the classes and types of improvement for each zone within the District. The Plans and Specifications remain consistent with the approved Parkview, Landscape District #1 approved on June 9th, 1992.

Part II: COST ESTIMATE
The cost estimate includes all costs relating to installing and maintaining of the improvements for the next fiscal year, including appropriate incidental expenses, as well as providing for surpluses or credits and contributions from any source as applicable.

Part III: ASSESSMENT DIAGRAM
The Assessment Diagram indicates the exterior boundaries of the District, the boundaries of any zones within the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the lines and dimensions of each lot shall conform to those as shown on the latest County Assessor’s map.

PART IV: ASSESSMENT SCHEDULE
The Assessment Schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above-referenced Diagram.

The Assessment Schedule remains consistent with the approved Parkview, Landscape District #1 approved on June 9th, 1992.

All lots and parcels of land known as public property, as defined under Section 22663 of said “Landscaping and Lighting Act of 1972”: have been omitted and are exempt from any assessment under these proceedings.

This “Report” is applicable for the maintenance of improvements within the District for the fiscal year 2024-25.

Page 100 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
2-2
The City Council will hold a meeting on June 25, 2024 to provide an opportunity for any interested person to be heard. At the conclusion of the meeting, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution and recordation of the District’s Tract Maps, the Final Assessor’s Roll will be prepared and filed with the San Luis Obispo County Auditor’s office to be included on the Fiscal Year 2024-25 tax roll.

Page 101 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
3-1

PLANS AND SPECIFICATIONS
The Plans and Specifications are per the original adopted Engineer’s Report, dated June 9th, 1992. No Changes in services are being made at this time.

A general description of the works of improvements to be financed and maintained under these proceedings are those generally described as follows:
• The Installation and maintenance of landscaping improvements and ornamental vegetation in public rights-of-way to serve and benefit properties within the boundaries of the District as well as any subsequent annexations.
• No annexations have been made into or out of the Parkview, Landscape District #1 since the adoption on June 9th, 1992.
• See Attached Conceptual Landscape Planting Plan, prepared by Landplans for the Parkview, Landscape District #1 adopted June 9th, 1992.

Page 102 of 311 ends

PLANTU~T
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CONCEPTUAL LANl?XAPE PLANTIN<=i PLAN
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• , LANDSCAPE ARCHITECTUA.E
·' LANO/SITE PLANNING ·
· 75 Higuera· Street, Suile 206 · 'San Luis Obispo, C<ililorma 93-lOt (805) 544·4546. (005) 92~·6677
• FAX (805) 544-459·1
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Page 103 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
4-1

ESTIMATE OF COSTS
The total costs for installation and maintenance of the improvements are those as hereinafter set forth. Said cost estimate will also set forth the amount of any surplus or deficit in the Improvement Fund to be carried over, as well as the amount of any contributions to be made from any other sources.

Approximate Fund Balance (07/01/2024)* $ 5,014.00
2024-25 Assessment Income $ 3,000.00
COST OF ANNUAL MAINTENANCE $ -7,100.00
Estimated Balance (06/30/2025) $ 914.00
* The estimated balance and expenses for Parkview, Landscape District #1 provided by City of Arroyo Grande

Page 104 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
5-1

ASSESSMENT DIAGRAM
The assessment diagram sets forth (a) the exterior boundaries of the District, (b) the boundaries of any zones within the District, and (c) the lines of each lot or parcel of land within the District. The assessment diagram further identifies each lot or parcel by a distinctive number or letter, and for a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor’s map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the assessment diagram is attached hereto, referenced, and incorporated.

Page 105 of 311 ends

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SCALE I" • 60'
so· lo' o GRAPHIC SCALE
LEGEND
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e : Found monument a) naled.

A : Found E tnC111umutf in wdi 1µ.r R ·!.

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Set tag L.S.3b7~ in s1dcwo:illc
Se.f ~monument stomped
L~ 3'7.l,in well.

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NOTE': Pipei .>e.1 a.Ion~ Oa.J.. Park Bl.
for Loh 11-14 ( Z"1·Z~o1'J ~ 16 are
on the L' P.tJ.{ .. a..s shCW<otn.

U: Pipe!> along N~' Di•)on for lot.
co.-11ers arc .)et on fh.t. lot /lne
I.CO foot b4ek fro'" true carrier.

BASIS OF BEARINGS
Farro// A.-1111u~1 bearin9 Ns9·4~·00·'£ ~,. R
588.0/'M
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CURVE
600.00
.51.00
5t .00
!ii .00
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DATA DELTA
460.01 43056·00"
367 .!17 J50Q6'02"
92 . .50 00049',58"
ll.l7 l5014'4l"•
!il.98 60039•47" ·

32.76 72.64
61 .39

62.97 0.50JJ'04"
65,lS
.54,80
17 .JO
Ba !10.00 JJ042' l6"
BC 40,87 270JJ'08"
9 77.00 47.37 J!i014'4l"
-gb 1.5.40 11027•45"
10 650 00 !ii .94 Q40J4'•il"
11 550.00 32.33 OJ022'06"
12 !10,00 13.13 15002'5'1"'
!!' 85,00 l!i!i.14 104034•21"
~~- I.lb ---+-~'~' ·~·~· -t-~'""'',o'~""''""'',--i. 260.57'45" Ile. 40.00 260!17'46"
l'ld 41.16 27044'JT"
15 l4.H 21024'\2"
19c. 06~19' 47"
19d 54, 19 05039•44"
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·P.O. 801 1127
Arroyo Grande, Calif
93421
Phmw 8051.J89·4:J.l:J
c
.A subdivi)ion of Lot 14 of Pi.!.rno &each Gardens~ in
the City.or Arroy~ C'lrandt, Counf.fof So.n L1.1i~Obi1po1 Co.Jiforn10.. ~
e. or z

Page 106 of 311 ends

OWNERS' STATEMENT i
He, tho undersl9ncd, hereby st.ate that vc are aJ:l
the ovnera of, and all recordholdere of security interest in, and all parties having any record title in the real pcoperty included vithin the Subdivision and project
shovn on this map, and that each of us does hereby consent. to the filing and/or recordation of this map. Wt h~rzit ded,ccm.-totlie. pt.iblic ftir pubhc u:.A cdl strt..et.1 end bo1.1/el"lrd shown htruin (,fld /ht> fQc1Jitie.) fht.rei11, lots A al'l4 B, ancl Pa::iemenh for' woltr at'(j se,,..er mains, $tr1e t tr~ and emof91!n<:.y OC'.ces.s s~own heretm. Wt. a(so ded1eo~e f::i H-.e puliloc. for #he ult! and benefit of the several public utility companies vhich are authodzcd to serve in said subdiv~sion, casements for public utility purposes. shovn hereof'. as •P.U.E.•. We a.lso d.edic..a..te to Hie publ1(. -the wo.ter ri91tfs ""'frriin th1J ~bdiv1sio: ==~~-..=_-_::._ ___ :_-.::_:__;_::.:;;--..-- ! ~ .And further by tne recordation of this map, ve
hereby relinquish all rights of vehicular inqress to or egress from Lots l and /0 ihrotJ9h 15 along the ea.3-tuly boundo.rv of .said lob a.butti119 Oc.k. lbrk bOY/evard; Loh lb, ZI a.nd Z4 through :30 a Ion~ the 1-Yf.~ ~.-~ly bourY.klry' of 3a.fd lab ob11ttin9 lbk Park Boule.tard: nnd Ltifl" & '3, 10 and .. ,() .'.onq Hie southerly botuldo.ry of so.id lo1l abuttin9 Farrt11ll Roo.d ..

H.R.P: DE'V[lOPMENT CO •• INC., o. California. corpordio" >r ~+t.f~; ~~~!:-C5i=- ··--·---· ... ··-~

STATE OF CALIFORNIA
COUNTY" OF SAN LUIS OBISPO
---
i
I
On this .J.7.~l. day- of ·:-,_ .. ;,.,_,,,/ , 191::!...:... before. me'-. 1...-1 • '.:-:---.-.·;. ,.,:~.,. , a Notary Public in and for said State, perS.Onally appeared 'li-,,., _-f-: /l''t .. d,~~-/ and,..!.;~.· '.J:...~- ;.. • f~ : , proved to me on .
the basis of satisfactory evidence, ~o be_ the persons
VJl1o uac.uhd the rvithin imtrum•d d.S __ {'/;..:=.• .. ·LJ.=·:1/T:_:_ __ a,.,d on be ho.If of the corporo.+1on the.re.in {'lamed, ond o.cknowlcd9ed to m<t ~ha.t If!• c.orpor"a.trori ~.wec .... f-ed i:. _. [ > : -ill._-~- _}: ·b,_µ_LLL \.7!'-'111··1~. · .. J\. \.~ ... ~4 .. -;,..---r) C-"··uv ut: •'f-\"' '-t..•s oS•J'"""

STATE OF CALIFORNIA

COUNTY OF SAN LUIS OBISPO
/r0.~~;.A7~~~~:~~~:r~~·:<:-;.,
i
•.. on this) 1 rt, day ol'-.z~·i.-0•1"11 , 19~ beforej me, - '- ) :dA'/.:.--: . ) '. "),.. .V,.1 • ..,;,--,, , a Notary Public in and for said State, personally appeared k-;('~..e=;,{ 7 ";,.,/}-~,:,/;;·_tr and personally known to me ~o ·
be ;the. persons vho executed the_ vi thin instrumen~ as. · '/_:.;_=. ... ·1'\t=,.1 "?"" and ·
or on behalf of the corporation therein ~amed, and J
acknowledged to me that such corporation executed i 1t:
-'

STATE OF CALIFORNIA

COUNTY OF SAN LUIS OBISPO
On this r\·~ 0day of :!i··• ·.11· \ , 19.'....U:... before ,.;, c"'<···'rc< '~"q\.: , , a Notary Public in and
for said State,_ personally appeared rN!'r.\ f.. ·t<1·cl proved to me on
the basis of satisfactory evidence to be the persons
who e.rcc:t.1hd the within instrt.1mtnt as __ ',\C.-;.i.U.r.n':._..:._ __ :--- a.nd t=-:-,.,..\. ~-'' rl~'"•"\ on ~e/i41f of tnc eorpor".l~1on therein n11m~d 1 and ac.knowled9e.d to me tha.t fht eo,.,oor4t1on eitc.c.uhd i.t, as Trustct..

A Soils E:nqineering Report for Tra.d 11'-.,
\ --r ... / .. _-.) ,- - . : : ._ "'. Ii I
,JJ.1JL'-;-~~--P'-fL_._-_ "'-'i a.,,,,.,,_,_.=_,.,.;,_,-- ... _v·'·'!"''- ·.1~.<:-,,:-1,....._~ ~c ~ ?'.~··:.. .. '.~ .... (· . ~, .. ?.fl'(; .·'.J.. /_'.?.;!_, - " v.-as preptl,.e..d on J'a.nuQrv 13, l~'JZ~ by Faf'lh
~ys.tems Ceinsullant3 1 Pacific ae.o.sc:re11cc. D1lf'1,ion, Qnc{ Is on fil~ ,·,.,+he Cit'( E"n9lrteer~ Office.
~·,....,.,.,,.,. ''~ .>l'\N r 14•1 • B• .-.. "
i

PLANNING COMMISSION CERTIFICATE
I . - I I hereby certify that this map of Tract No. 17~9 s~bstantially conforms to the Tentative Hap thereof, approved by the Plannlng Commission of the City of Arroyo Grande, rttate of California.

I I I ' D~ted~ , .
- i , : -~~t;;f ~g Commission
CITY _ENGINEER'S STATEMENT
I hereby state that I have examined the
annexed map, that the subdivision shovn thereon is substantially the same as it appeared . on the tentative map and any approved alter.:.
ations thereof and that all the provisions of
the Subdivision Hap Act and local ·
ord1nd.nc.e:s have been complied vith and that
I nm satisfied that this map is technically
correct. " ! : Da_t.ed Cf ";,.. ••• ?....;
!
l.

SURVEYOR'S STATEMENT
I, L.D. Kinneavy, hereby state that
I am a Licensed Land Surveyor of the State
of California and that this map consisting
of L sheets is a true and complete representation of a survey made by me or under my direction in APRIL 19 :31, and that
all the monuments shown hereMare of the
character and occupy the positions indicated, or vill be set in such positions vithin one year of the approval of this
map, and are sufficient to enable the
survey to be retraced.

Dated: t..) ·\·t · ~\
- ·' ·-lif\-::. -· - L. D. Kinneavy L.)i. 3673
CITY COUNCIL _CERTIFICATE
I do hereby certify that the City
Counc.il oF the City· of Arroyo Cr4nde..

State of Callfornia, did on ~" "7' ;J.S,
19~, approve t"!'ls map of £·
TRACT llEo'!I in accordance vitfl the provisions of the Subdivision Hap Act, e1rid the offers of dedic.o.tion shown h~r~an for sfr~ct.l and b®ft.-cud and the fac1l1t!G1 fhl!.rt;U'I, the waler f•qht.s1 fht rd1n'i.y1shm-en/ .. , of ac.:esr r19ht!.1 Lot.s Al6, and +ht: etll'~nts for W'3fer and 5ewe,... mo1nJ, ~,,d s frel!t lrees were. accepft:d o,, __ ··-- behclf of rhe public .Ju~1e.d 1'o 1"'1e )oliJfocfo,.'t comp(t:fton . ._ of lhe impro11emtnt.J approvf!d by i~ Pirec:lor ol IUNr"c'W'Ol'.b. · The dec/1eo.fron ol Pu/Jlic. Ufi!drlasl!men/.3 was r.i}"l!ded w•lhouf;Yl!Jvdtee. :;ubjecl fo a~e-epkJ,,ce. t>y th11°uf,/dy compcn1e.s o.-f q lo.fer da l"c •
_.id:;/'162. Zl~AULJ /l.~--- 0ofot c."ty7i:r~-
RECORDER~ STATEMENT
Filed this __ day of ______ ,19_
at ___ M in BOOK of MAPS
at PAGE. _____ , at the request of
L.D.Kinneavy.L.S. No. 3673.

Fee Paid ___ _
County Recorder
Doc.No.•---- Dy __________ _
Deputy
JOB 189-3'1~ n
SAN LUIS L,t.

ENGIN\2ERING, 1NC.

P.O. Bol 1127
Arroyo Gronda, Calif
93421
Phont 805/489·4343
TRACT 1769
0 A s:ubdlwi:uori of Lot 14 of ri!ITIO 8e.oc.h 6ordl!!ns.. iro. the. City of Arroyo Ciro.nd.1., Countv of ~on Luis Obi:.po,.

C.o.lifarnia..
! of 2
TICOP,A 1690f0

Page 107 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
6-1

ASSESSMENT SCHEDULE
I, the appointed Kari Wagner, PE, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimates costs and expenses for the improvements and maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows.

Approximate Fund Balance (07/01/24)* $ 5,014.00
2024-25 Assessment Income $ 3,000.00
COST OF ANNUAL MAINTENANCE $ -7,100.00
Estimated Balance (06/30/2025) $ 914.00
* The estimated balance and expenses for Parkview, Landscape District #1 provided by City of Arroyo Grande
I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said works of improvement and appurtenances, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll.

The Assessment Schedule refers to the County Assessment Roll for a description of the lots or parcels and said Roll shall govern for all details concerning the description of the lots or parcels.

The net amount to be assessed upon the lands has been spread and apportioned by any formula in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the works of improvement.

For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments:
***

Page 108 of 311 ends

Parkview, Landscape District #1
Tract 1769
Fiscal Year 2024-25
6-2

THE ASSESSMENTS ARE THOSE AS CONFIRMED IN COLUMN I, UNLESS A DIFFERENT FIGURE APPEARS IN COLUMN II, AS MODIFIED.

ASSESSMENT
NO.

ASSESSOR PARCEL
NUMBER
(APN)
I. II.

AMOUNT OF

ASSESSMENT

ASSESSMENT AS

MODIFIED
01 077253001 $100.00
02 077253002 $100.00
03 077253003 $100.00
04 077253004 $100.00
05 077253005 $100.00
06 077253006 $100.00
07 077253007 $100.00
08 077253008 $100.00
09 077253009 $100.00
10 077253010 $100.00
11 077253011 $100.00
12 077253012 $100.00
13 077253013 $100.00
14 077253014 $100.00
15 077253015 $100.00
16 077253016 $100.00
17 077253017 $100.00
18 077253018 $100.00
19 077253019 $100.00
20 077253020 $100.00
21 077253021 $100.00
22 077253022 $100.00
23 077253023 $100.00
24 077253024 $100.00
25 077253025 $100.00
26 077253026 $100.00
27 077253027 $100.00
28 077253028 $100.00
29 077253029 $100.00
30 077253030 $100.00
Total $3,000.00

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Item 9.d.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director SUBJECT: Consider Four-Year Agreement with the California Department of Corrections and Rehabilitation for Use of Inmate Work Crews DATE: May 28, 2024
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager or his designee to negotiate and execute a four-year agreement to begin July 1, 2024 with the California Department of Corrections and Rehabilitation (CDCR) for inmate community service work crews, with terms substantially similar to the Standard Agreement with the CDCR, Agreement Number C5609432, signed on May 29, 2020.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There are sufficient funds budgeted in FY 2024-25 to fund the first year of this four-year agreement. As with previously approved contracts, some additional funding would need to be allocated from the Streets Division operations budget for the subsequent three (3) years to cover the remaining term of the requested 4-year Agreement. The Streets Division operations budget includes the focused and daily maintenance of our streets and sidewalks, like localized sidewalk grinding and pothole repair. This budget also covers vegetation management and weed abatement of City-owned property, along with the maintenance of the City’s storm drain system. This is separate from the Pavement Management Program budget that is used for the larger scale annual street and sidewalk repair project throughout the City.

BACKGROUND:

The City of Arroyo Grande, through the CDCR, has been utilizing the California Men’s Colony (CMC) work crews for about 15 years. These crews provide staff with help on several maintenance items such as weed abatement, streambed maintenance, drainage basin management, litter removal, and filling sandbags. These crews help with non-urgent tasks that are important to the City’s annual maintenance operations but otherwise would be a medium to low priority due to staffing or lack of funds.

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Item 9.d.

City Council
Consider Four-Year Agreement with the California Department of Corrections and Rehabilitation for Use of Inmate Work Crews
May 28, 2024

Page 2 ends

ANALYSIS OF ISSUES:

The City’s current Agreement with the CDCR was approved by the City Council in 2020 for a four-year term and is due to expire on June 30, 2024. The proposed Agreement is for a four-year term beginning July 1, 2024 through June 30, 2028.

Based on the City’s Purchasing Policies and Procedures, this Agreement requires City Council action because the overall cost of the Agreement over a four-year period exceeds the amount that the City Manager has the authority to approve. Contracts exceeding $100,000 in the goods and services purchasing category must be awarded by the City Council. In addition, this contract is a sole source purchase based on a “No competitive advantage.” exception under Section 4.6 of the City’s Purchasing Policies and Procedures Manual. This exception allows for a sole source purchase when, “… goods or services are unique and are only available from one source (known as a "sole source" purchase).” The wide variety of work that the CMC work crews perform under City staff supervision is unique. Most contractors specialize in certain areas such as landscaping, larger scale weed abatement, junk hauling, trash clean up, creek cleanup, and debris removal. CMC crews performing all of these unique services allows the City to contract these crews at a reduced cost and have one overall contract versus several distinct contacts with several different contractors. During FY 2023-24, approximately $27,000 was spent for this service. During FY 2024-25, there is $38,800 budgeted for these services. Funding for the remaining years will be included in future budget years.

ALTERNATIVES:

1. Adopt a Resolution authorizing the City Manager or his designee to enter into an agreement with the CDRC, with substantially similar terms as the 2020-24 CDCR Agreement.

2. Modify and adopt a Resolution authorizing the City Manager or his designee to enter into an agreement with the CDRC.

3. Wait to approve the agreement with CDCR once the agreement to be approved is finalized; or

4. Provide alternative direction to staff.

ADVANTAGES:

Utilizing the CMC work crews for tasks such as weed abatement, vegetation management in our creek ways, trash and debris removal, drainage basin maintenance and management of Corporation Yard storage areas, allows City staff to focus on other higher priority job tasks and maintenance programs for our parks, streets, and sidewalks.

DISADVANTAGES:

Not utilizing the CMC work crews would place additional workload on staff to complete required maintenance programs at a higher cost, with likely delays and differed maintenance.

Page 111 of 311 ends

Item 9.d.

City Council
Consider Four-Year Agreement with the California Department of Corrections and Rehabilitation for Use of Inmate Work Crews
May 28, 2024

Page 3 ends

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. Proposed Resolution

2. 2020-2024 Agreement with California Department of Corrections and Rehabilitation, agreement number C5609432

Page 112 of 311 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING THE EXECUTION OF AN

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF

CORRECTIONS AND REHABILITATION FOR INMATE

COMMUNITY SERVICE WORK CREWS
WHEREAS, the City of Arroyo Grande has utilized work crews from the California Men’s Colony to provide general clean-up and other activities mutually agreed upon; and WHEREAS, the City of Arroyo Grande desires to continue to contract for such services; and
WHEREAS, the City of Arroyo Grande and the California Department of Corrections and Rehabilitation wish to enter into a new four (4) year Agreement for such services.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby authorizes the City Manager or his designee to enter into a new agreement with the California Department of Corrections and Rehabilitation for Inmate Community Service Work Crews, in an amount not to exceed the annual allocation of funds approved by the City Council for this activity in each of the (4) fiscal years during the term of the agreement, with terms substantially similar to that certain Standard Agreement entered into on May 29, 2020 with the California Department of Corrections and Rehabilitation, agreement number C5609432.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 28th day of May 2024.

ATTACHMENT 1

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RESOLUTION NO.

PAGE 2
______________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
______________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
______________________________________

ISAAC ROSEN, CITY ATTORNEY

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ATTACHMENT 2

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Item 9.e.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shane Taylor, Utilities Manager
SUBJECT: Monthly Water Supply and Demand Update
DATE: May 28, 2024
RECOMMENDATION:

Receive and file the Monthly Water Supply and Demand Update.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

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

BACKGROUND:

The City of Arroyo Grande’s water entitlements are calculated on a water year that begins April 1st. The current water supply for water year 2024/2025 includes 2,290 Acre Feet from Lopez Reservoir, the current modeled, safe yield is 357-Acre Feet of groundwater from the Santa Maria River Groundwater Basin, with an entitlement of 1323 Acre Feet.

An additional 160 Acre Feet of groundwater is available from the Pismo formation.

The predicted water use for 2024/2025 water year is 2,100 Acre Feet.

In April 2024 the City’s water use was 143.2 Acre Feet with a per capita use of 87 gallons per day/per person. The residential per capita use was 67 gallons per day/per person.

There was a total of 2.57 inches of rainfall in the City in April 2024.

Attachment 3 shows current monthly water use as compared to the previous year’s month. Staff has provided a “Commercial Usage Portion of Production” as an additional information point.

ANALYSIS OF ISSUES:

The United States Drought Monitor, as of May 16, 2024, shows San Luis Obispo County is not in a drought. Rainfall for the period of July 1, 2023, through May 16, 2024, is 18.40 inches at the Corporation Yard rain gauge. Lopez Lake is at 100.1% capacity as of May

Page 184 of 311 ends

Item 9.e.

City Council
Monthly Water Supply and Demand Update
May 28, 2024

Page 2 ends

16, 2024. The lake began spilling on February 7, 2024, and stopped spilling on May 9, 2024.

The deep well index for the second quarter of 2024 was completed on April 17, 2024, and is 13.81 feet above sea level, which is 6.31 feet above the threshold value. The current deep well index is 1.48 feet higher than January 2024, and 1.58 feet higher than April 2023.

ALTERNATIVES:

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

1. Receive and file the report, or

2. Provide other directions to staff.

ADVANTAGES:

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

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

ATTACHMENTS:

1. Monthly Operations Report

2. Lopez Reservoir Storage Projection

3. Monthly Water Use Comparison

4. Deep Well Index Levels

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Item 9.f.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
SUBJECT: Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Public Art
DATE: May 28, 2024
RECOMMENDATION:
1) Adopt the ordinance amending Section 16.16.200 of the Arroyo Grande Municipal Code regarding public art (the “Ordinance”); and
2) Find that the Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

No financial impact is projected other than staff time to review the amendments, prepare staff reports, and present the changed regulations to Planning Commission and City Council.

BACKGROUND:

Arroyo Grande Municipal Code (AGMC) Section 16.16.200 establishes a process for the review and approval of murals. Under the current process, the Community Development Director (Director) approves mural applications, with a recommendation from the Architectural Review Committee (ARC). By contrast, the Guidelines require City Council to approve public art with a recommendation from AGPA. Additionally, the review criteria in AGMC 16.16.200 differs from the criteria contained in the Guidelines. This code amendment aims to consolidate these two approval processes to improve the process of applying to create public art.

AGMC Section 16.16.040 requires that any amendments to Title 16, Chapter 16 of the AGMC be approved by City Council, following a recommendation by the Planning Commission. On April 16, 2024, the Planning Commission held a public hearing on the proposed amendment to Section 16.16.200. Although approval of amendments to the Guidelines were not technically within the purview of the Planning Commission, the proposed Guidelines amendments were provided to the Commission to add context to the revisions to the Municipal Code. The Planning Commission recommended that the

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Item 9.f.

City Council
Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Public Art
May 28, 2024

Page 2 ends

City Council adopt the amendments to Section 16.16.200 of the AGMC with no changes to staff’s proposal.

ANALYSIS OF ISSUES:

Government Code section 36934 requires two “readings” of an ordinance: the first reading to introduce the ordinance; the second reading to adopt it. The second reading may occur no earlier than five days after an ordinance is introduced. An ordinance may be passed upon second reading as long as no substantive changes are made. At the introduction and public hearing of the Ordinance on May 14, 2024, the City Council supported the Ordinance as proposed. If the City Council passes the Ordinance in this meeting, it will take effect thirty days after adoption.

ALTERNATIVES:

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

1. Adopt the Ordinance as proposed; or

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

3. Provide other direction to staff.

ADVANTAGES:

Amendments to the Arroyo Grande Municipal Code regarding public art, including but not limited to, murals, provides an opportunity to improve consistency with the Guidelines and spur additional public art in the City by improving the permitting process.

DISADVANTAGES:

None identified.

ENVIRONMENTAL REVIEW:

The amendment to Section 16.16.200 of the AGMC is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here, the City Council is only approving an update to the Arroyo Grande Municipal Code. None of these amendments, on their own, authorize any placement or creation of public art. Thus, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not 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.

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Item 9.f.

City Council
Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Public Art
May 28, 2024

Page 3 ends

ATTACHMENTS:

1. Proposed Ordinance

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65501.00002\42190255.1
ATTACHMENT 1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING SECTION 16.16.200 OF

THE ARROYO GRANDE MUNICIPAL CODE REGARDING

PUBLIC ART AND FINDING THE ORDINANCE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, in 2002 the City Council approved measures to promote art in the community, establish a uniform process for the review and selection of public art on public and private property that would be reflective of the community but limit City involvement, and identify general guidelines and selection criteria to promote creativity and freedom of expression, but also compatibility with the character design and environment of the surrounding area; and
WHEREAS, in 2004 the City Council adopted a resolution approving Public Art Guidelines and an ordinance incorporating them by reference into the Municipal Code as part of the Design Guidelines and Standards for Mixed Use Districts; and WHEREAS, in 2011 the City Council amended the Design Guidelines and Standards for Mixed Use Districts to establish standalone Public Art Guidelines and a Public Art Donation Program; and
WHEREAS, the City Council amended the Public Art Guidelines and Public Art Donation Program again in 2021; and
WHEREAS, at a study session on March 12, 2024, City Council directed staff to amend the Public Art Guidelines, Public Art Donation Program, and Arroyo Grande Municipal Code (AGMC) Section 16.16.200 to provide an updated process for reviewing public art applications; and
WHEREAS, this ordinance amends Section 16.16.200 to apply to public art and authorize City Council as the approving body for public art projects; and WHEREAS, on April 16, 2024, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the ordinance amendments. Following the public hearing, the Planning Commission voted to forward the ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on May 14, 2024, the City Council conducted a duly noticed public hearing to introduce the ordinance, including: (1) the public testimony and agenda reports

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ORDINANCE NO.

PAGE 2
prepared in connection with the ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on May 14, 2024 introduced this Ordinance to amend Section 16.16.200 of Title 16 of the Arroyo Grande Municipal Code; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.

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

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

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

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

SECTION 3. Required Findings. In accordance with section 16.16.040 of the Arroyo Grande Municipal Code, the City Council hereby makes the following findings:

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

Making the proposed updates to AGMC 16.16.200 will promote the creation of public art in the City, which serves the goals of the City’s General Plan. The General Plan speaks to the desire to conserve the City’s natural beauty, improve the overall aesthetics of the City, and to attract outside visitors and improve the experience of residents. Facilitating the process by which art may exist in public places is consistent with those important aesthetic and economic development goals of the General Plan.

2. Health, Safety, and Welfare; Illogical Land Use Pattern. Adoption of the ordinance will not adversely affect the public health, safety, and welfare as the proposed amendments are intended to harmonize existing processes as to public art approval and ensure a consistent, predictable review process for public art projects. Standards to protect public safety in the creation of public art have been put into place within the Public Art Guidelines to ensure that public art does not interfere with existing rights of way and guided is by standards intended to preserve or augment the health, safety, and welfare of the community.

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ORDINANCE NO.

PAGE 3

3. Consistency with Title 16. This ordinance is consistent with the purpose and intent of AGMC Title 16 because it updates the process relating to approval of public art on non-residentially zoned property and ensures that the provisions thereof are consistent with the City’s general plan.

4. Environmental. As above in Section 2, the proposed revision to this title will have an insignificant effect on the environment by itself because specific public art projects will need to undergo individualized review. Further, the updates to the municipal code merely update the approval process and review criteria for approval of public art without authorizing any action that could impact the environment.

SECTION 4. Code Amendment. Section 16.16.200 of the Arroyo Grande Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):

16.16.200 Mural permit Public Art.

A. Purpose and Intent. To facilitate and encourage property owners to provide outdoor public art, including but not limited to, murals. ensure a mural enhances the architecture or aesthetics of a building or wall and to ensure a mural does not detract from the character of the district within which it is located and to ensure a mural is not detrimental to the public health, safety or welfare. a mural permit shall be required for all murals. A mural permit is in addition to signs.

B. Authority. The community development director is authorized to approve mural permits subject to the appeal provisions of Section 16.12.150. The architectural review committee shall provide recommendations to the community development director regarding mural permit requests. A public hearing is not required.

C. Submittal and Review Procedures.

1. Public Art applications shall be processed and reviewed as authorized in the most recent version of the city’s Public Art Guidelines and Public Art Donation Program. A copy of the Public Art Guidelines and Public Art Donation Program are available with the Community Development Department and the City Clerk’s office.

Mural permit applications shall contain the following:
a. Completed planning application form and required fee and attachments (see also Section 16.12.030);
b. Five copies of a plot plan, drawn to standard engineers scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow, showing:

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ORDINANCE NO.

PAGE 4
i. Location, exterior boundaries and dimensions of the
entire property that is the subject of the application, ii. Public and/or private adjacent streets, rights-of-way, and easements,
iii. Site access, circulation and off-street parking facilities, iv. Existing and proposed buildings and structures,
v. Wall, fences, exterior lighting structures and planted areas,
c. Five copies of a mural plan showing:
i. Dimensions and area (in square feet) of the mural,
ii. Dimensions and areas of building walls on which the mural is to be located,
iii. Height of the mural above the average ground surface, iv. Means of lighting, if any,
v. Description of materials and colors,
vi. Scaled drawing of the mural showing design details; d. One colored rendering depicting the mural on the side of the building or wall, at a scale sufficient to clearly show all elements of the proposed design;
e. Color photographs of the subject wall or building and surrounding sites;
f. Other information that the community development director may reasonably require to secure compliance with this title.

2. After receipt of a completed application, the community development director shall schedule a mural permit application for review by the architectural review committee.

3. Upon recommendation by the architectural review committee and when the proposed mural satisfies all applicable provisions of this title, the community development director shall approve a mural permit.

4. If the community development director approves the mural permit, the building department shall be notified. A building permit and payment of applicable fees may be required.

5. If the community development director determines the proposed mural to be unacceptable, the director shall inform the applicant of identifiable issues and suggest alternatives to resolve such issues.

The applicant shall then be directed to return with revisions and/or work with staff to resolve issues. If issues cannot be resolved, the

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ORDINANCE NO.

PAGE 5
community development director shall deny the mural permit application.

D. Required Findings. The community development director may approve a mural permit only if all of the following findings of fact can be made in an affirmative manner:

1. The proposed mural is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan, and any applicable design guidelines or approvals;

2. The proposed mural will not be detrimental to the public health, safety and welfare;

3. The proposed mural, including the physical location or placement, size and design, is consistent with the character of the district and the neighborhood within which it is located;

4. The proposed mural, including the physical location or placement, size and design, is consistent with the character of the building or wall upon which it is placed and will complement the architecture or aesthetics of the building or wall;

5. The proposed mural does not contain any advertising material (murals containing advertising materials may be reviewed as signs SECTION 6. Publication. A summary of this ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five days prior to the City Council meeting at which the proposed ordinance is to be adopted. A certified copy of the full text of the proposed ordinance shall be posted in the office of the City Clerk. Within 15 days after adoption of the ordinance, the summary with the names of those City Council members voting for and against the ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted ordinance.

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

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

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

SECTION 9. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings

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ORDINANCE NO.

PAGE 6
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 28th day of May, 2024.

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ORDINANCE NO.

PAGE 7
___________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________

ISAAC ROSEN, CITY ATTORNEY

Page 199 of 311 ends

Item 10.a.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Continued Public Hearing to Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
DATE: May 28, 2024
RECOMMENDATION:
1) Adopt a Resolution denying the request by Michael Harris to drill and install one (1) new domestic well on an unaddressed property on Noyes Road (APN: 007-781-055) northeast of the intersection of Noyes Road and Equestrian Way; and 2) Determine that the denial is not a project subject to the California Environmental Quality Act (“CEQA”) because CEQA does not apply to projects which a public agency disapproves or rejects (Pub. Resources Code § 21080(b)(5); State CEQA Guidelines, § 15270(a)), and the denial will not have direct or reasonably foreseeable indirect environmental impacts (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

As stated in the February 27, 2024 staff report, there is no direct impact to the City’s financial or personnel resources anticipated as a result of the City’s recommended denial.

BACKGROUND:

The project was originally scheduled on a public hearing for October 23, 2023, but was continued to November 28, 2023, January 9, 2024, and February 27, 2024. On February 27, 2024, the City Council held a continued public hearing to consider a resolution denying the installation of a domestic well on a vacant parcel on Noyes Road. Approximately two hours prior to the start of the hearing, the applicant submitted approximately 1,500-pages of relevant documentation to the City. Although staff provided a link to the document for the City Council prior to the hearing and printed a copy for review, the size of the document prevented staff from thoroughly reviewing the additional information in the limited time prior to the hearing. The City Council opened the public hearing, heard presentations, asked questions of staff and the applicant, opened and closed the public

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Item 10.a.

City Council
Continued Public Hearing to Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design May 28, 2024

Page 2 ends

comment portion of the public hearing, and began deliberations, which were continued to March 26, 2024, to allow time for staff and the City Council to review the additional information submitted by the applicant. The City Council subsequently approved a continuance from March 26, 2024, to a date uncertain to allow the applicant and staff time to work on procedural matters associated with the application.

ANALYSIS OF ISSUES:

Below are responses and clarifications to the additional information provided by the applicant between the February 27, 2024, City Council hearing and the date of this staff report’s publication.

Temporary Well
In the applicant’s slide presentation (Attachment 8) submitted on February 26, 2024, the applicant notes that a well was previously approved on the subject site. The referenced well was a temporary irrigation well for agricultural purposes that was previously identified on page 6 of the staff report (December 12, 2017 – Temporary Agricultural Irrigation Well – Noyes Road). The subject well was not approved for domestic purposes, and subsequently expired.

Additional Identified Previously Approved Agricultural Well The applicant identified one additional well approved by City Council on March 27, 2015, (Attachment 6) at 1189 Flora Road, which was not within the list provided by staff in the February 27, 2024, staff report, attached and incorporated herein. This specific approval was for a replacement agricultural well, and consistent with other replacement agricultural wells approved prior to 2017, the Flora Road well only considered cost to the applicant for connecting to the municipal water supply. For similar reasons as set forth in the City’s February 27, 2024, staff report regarding other agricultural wells, the 1189 Flora Road agricultural well application is distinguishable. The City’s management of its ground water resources and the water demands of an agricultural property are distinguishable from that of a residential property site. Additionally, it is important to note that Section 3.2 of the City’s 2012 Water System Master Plan contemplates that no agricultural users are connected to the City system and agricultural water is instead provided by private on-site wells.

Equity Concerns – City Water vs. Well Water
At the February 27, 2024, public hearing, the City Council inquired about the health and safety benefits associated with the City’s policy that residential properties within city limits are required to connect to the public water system when practical and feasible. Some public benefits were identified in the February 27, 2024, staff report and articulated on the record at the time of the hearing. Specifically, that the City’s water supply portfolio must be managed to serve all residents, and there are equity concerns with having some City residents on wells within the City boundaries that are exempt from otherwise applicable

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water restriction and conservation measures otherwise applicable to other residents.

Additionally, staff notes that the City has invested significantly in a public water system that maintains stringent state and federal health and safety standards. Allowing residential homeowners to opt-out of the City’s water supply based primarily on the private cost to that individual homeowner must be weighed against the larger cost to all residential ratepayers.

Staff Requests for Costs and Studies
At the February 27, 2024 hearing, the applicant indicated that there were 25 requests for information from staff regarding the cost to the applicant. Staff does not believe the number is accurate. Submittal of the applicant’s costs is not an application requirement, rather, this information was requested by staff as part of discussions with the applicant about the cost of a well versus the cost of a public water connection. Staff does request information related to costs ancillary to the feasibility criteria in the ordinance, such as the request for a hydrogeology study, and other information the applicant may want to submit as part of the hearing before the City Council.

Environmental Impacts Including Tree Removal
Arguments were made during the February 27, 2024, public hearing that focused on significant damage to, and required removal of, trees under the City’s Community Tree Program. As required under the City’s Community Tree Program, development proposals submitted to the City must include a map identifying and locating all existing trees upon the property, including those that will be impacted by the proposed development, in order to determine whether a tree removal permit will be issued and what type of environmental impacts may occur. Although the applicant has stated that their intended proposed development is a single-family residence, they have not submitted a development proposal or the information necessary to determine whether a tree removal permit is necessary, and staff believes there are several options that minimize the damage to trees on-site that are available to applicant should a hook-up to City’s water system be required.

Following the February 27, 2024, public hearing, an arborist report and a memorandum by The Oakley Group, hired by the applicant, claimed potential environmental impacts will result from requiring a connection to the City’s waterline was submitted (Attachment 9).

First, the e-mail from The Oakley Group states that “an alternative waterline that is not accessed directly from Noyes Road or from a site specific domestic well” would impact “over 200 trees, mostly oak.” Second, the memorandum assumes two options on how the waterline will be connected to the proposed location of the single-family residence, and concludes that both options will result in “severe impacts to a large swath of protected trees and oak woodland.”
Here, both the report and memorandum’s analyses rely on assumptions about a future single-family residence, including the location of the building and the path of the waterline.

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However, the City has not received any proposed site plans, construction methods, or applications regarding this anticipated development. While it is likely that some trees on the site would be impacted as a result of connecting to the City’s water system at the nearby City well, without being provided a project description with this type of information, the City would be speculating on potential environmental impacts outside of the well subject of this hearing.

E-mail Regarding Well Impact Concerns
Public comment was received on March 12, 2024, that identified concerns with the proposed well and impacts on residents of Pismo Beach. The proposed well is not located near residents of Pismo Beach, but rather is located above a geologic formation called the “Pismo Formation,” according to the applicant’s hydrogeological study, which may have led to confusion about impacts to Pismo Beach. As part of applications for new wells, County Environmental Health would review impacts of the well on adjacent properties, including distance from water bodies, other wells, and existing septic systems.

Resolution in the Alternative for Well Approval
For the reasons stated above, staff’s recommendation is that the City Council deny the proposed domestic well. However, in light of the applicant’s arguments, submitted materials, discussions with staff, and uniqueness of the project’s specific unique characteristics (i.e., slope, oak trees, rock outcroppings), an alternative resolution (Attachment 2) has been included that would approve the proposed well, with conditions that would meet the stated intent of the applicant to build a single-family residence, while ensuring the City’s interest in connecting future development to the City’s water supply is protected.

This alternative is also in response to an e-mail to staff on May 15, 2023 (included on page 1,348 of the applicant’s 1,500-page submittal), in which the applicant’s civil engineer stated that his client had no plans for subdividing the property and intended to build one single-family residence with no subdivision or lot split. The email proposed that staff consider revising their recommendation to be in support of the well application with the “reasonable condition” that the property owner remove or abandon the well as a condition of approval with any future project that would subdivide the property.

The alternative resolution to conditionally approve the well includes standard well entitlement conditions. It also includes project-specific conditions, including a Condition of Approval that the planned development associated with a well approval is for a singlefamily residence that may include an ADU or JADU consistent with State law and City’s local ADU ordinance. Should the residential use on the site be intensified (e.g. a subdivision or additional housing units), the applicant would need to process a new well application under Arroyo Grande Municipal Code (AGMC) Chapter 13.08. This condition is consistent with the AGMC and how local agencies often limit major amendments to a

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project. Here, the condition was suggested by applicant’s representative based on the planned future development at the site.

Ultimately, the City Council has discretion to consider all the evidence and testimony presented, and make a final determination on the submitted well application. The resolution to conditionally approve the well, with conditions, is included should the City Council agree with the applicant’s position and the argument raised throughout this process in contrast to staff’s recommendation.

ALTERNATIVES:

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

2. Reject staff’s recommendation denying the installation of one (1) new domestic supply well, and adopt the Alternative Resolution with findings to approve or conditionally approve the domestic supply well application;

3. Do not adopt either resolution and provide direction to staff regarding the preparation of an acceptable resolution for action on the application; or

4. Provide other direction to staff.

ADVANTAGES:

Denial of the application would result in the required connection of the property to the City’s water system for domestic use, should the applicant apply to establish a residential use on the project site as suggested in the information submitted to staff to date. The applicant would be free to re-submit a new well application should they consider a different development use. Connection to the City’s water system for domestic use is consistent with the AGMC to ensure that properties within the city connect to the system when it is practical and feasible to do so.

DISADVANTAGES:

The original staff report stated that no disadvantages were identified. The applicant argued at the February 27, 2024, hearing that there were disadvantages to him in the form of additional environmental and financial costs. Staff respectfully disagrees that the applicant’s stated disadvantages outweigh staff’s recommendation such that the well application should be approved. As described above, additional potential negative outcomes or impacts to the City, community, neighborhood, and environment would be speculative due to the lack of additional information about site development that would allow for the evaluation of those impacts.

ENVIRONMENTAL REVIEW:

In compliance with CEQA, it has been determined that if the application is denied, the item does not qualify as a “project” under CEQA, because CEQA does not apply to the disapproval or rejection of projects. (Pub. Resources Code, § 21080, subd. (b)(5); State CEQA Guidelines, § 15270, subd. (a).). There will be no construction or development as

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a result of the denial of this application for a domestic water well, and therefore the denial 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.).

A conditional approval resolution to approve the installation of a domestic water well is also included, and this project would be categorically exempt from CEQA under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.)
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. Following the February 27, 2024 Public Hearing, a Notice of Continuance to a date certain of March 26, 2024 was published on February 29, 2024. A Public Hearing Notice for the May 28, 2024 Public Hearing was published on May 17, 2024. Written public comments received following the February 27, 2024 Public Hearing are included in Attachment 10.

ATTACHMENTS:

1. Proposed Resolution for Denial

2. Alternative Resolution for Approval

3. Application Materials (link to February 27, 2024 meeting)

4. Letter from Marsha Burch dated October 24, 2023, and attached “Harris Report” (link to February 27, 2024 meeting)

5. Previous Well Approvals – Resolutions (link to February 27, 2024 meeting)

6. Previous Well Approvals – Staff Reports (link to February 27, 2024 meeting)

7. Supplemental Information provided by applicant on February 27, 2024

8. Applicant’s PowerPoint Presentation provided by applicant on February 27, 2024

9. Oakley Arborist Report

10. Public Correspondence Received after February 27, 2024 Public Hearing

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ATTACHMENT 1
RESOLUTION NO.

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

NEW DOMESTIC SUPPLY WELL ON PROPERTY ZONED
PLANNED DEVELOPMENT; LOCATED NORTHEAST OF THE

INTERSECTION OF NOYES ROAD AND EQUESTRIAN WAY
(APN: 007-781-055); APPLIED FOR BY MICHAEL HARRIS, AND

FINDING THE ACTION EXEMPT FROM CEQA
WHEREAS, Michael Harris has submitted an application to drill and install one (1) new domestic supply well at a property on an unaddressed parcel on Noyes Road in Arroyo Grande (“Well Application”); and
WHEREAS, the Well Application would be on unaddressed property on Noyes Road (APN: 007-781-055), northeast of the intersection of Noyes Road and Equestrian Way (“Subject Property”); and
WHEREAS, Arroyo Grande Municipal Code (“AGMC”) Chapter 13.08 requires City Council to discretionarily review and approve or deny all new or replacement wells in the City; and
WHEREAS, specifically, AGMC section 13.08.040 requires the City Council to consider, in its discretion, approval for new or replacement wells or abandonment of existing wells. Approval to drill a well within the City boundaries may be granted if the City Council determines: 1) the well will neither deplete nor contaminate the City water supply; and 2) service from the City’s water system is neither practical nor feasible; and
WHEREAS, the City Council held a noticed, continued public hearing on February 27, 2024; and
WHEREAS, the City Council opened the public hearing, heard presentations, asked questions of staff and the applicant, closed the public hearing, began deliberations, and continued the public hearing to March 26, 2024; and WHEREAS, the City Council held a noticed, continued public hearing on and May 28, 2024, to consider the Well Application; and
WHEREAS, as described in additional detail below and as incorporated by the accompanying Staff Report, the City Council finds that service from the City’s water system is both practical and feasible to Subject Property.

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RESOLUTION NO.

PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby:
(1) Recitals. Finds that the recitals above are true and correct and are incorporated herein in full; and
(2) Well Application. Denies the application to drill and install one (1) new domestic supply well at the property located northeast of the intersection of Noyes Road and Equestrian Way (APN: 007-781-055).
(3) Findings. The City Council finds that pursuant to Arroyo Grande Municipal Code Chapter 13.08, the following required finding cannot be made to approve the Well Application: “service from the City’s water system is neither practical nor feasible.” The City Council finds that it is both feasible and practical to connect the City’s water supply to the Subject Property, as:
a. The Subject Property is immediately adjacent to the City’s Reservoir No. 5, which is a 1.2 million gallon above-ground storage tank; and b. A residential water service connection can be made directly to the City owned water main from the tank and a connection placed to Mr. Harris’s property line with a standard water meter on the property; and c. The connection to City’s water supply would not require any easements or improvements to existing City infrastructure; and
d. The connection at the Subject Property is within the City’s boundaries.

CEQA. The City Council determines that if the application is denied, the item does not qualify as a “project” under CEQA, because CEQA does not apply to the disapproval or rejection of projects. (Pub. Resources Code, § 21080, subd. (b)(5); State CEQA Guidelines, § 15270, subd. (a).). There will be no construction or development as a result of the denial of this application for a domestic water well, and therefore the denial 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.)
The City Council directs staff to file a Notice of Exemption with the County Clerk and State Clearinghouse within five days of this Resolution.

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

AYES:

NOES:

ABSENT:

The foregoing Resolution was passed and adopted this 28th day of May 2024.

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RESOLUTION NO.

PAGE 3
_________________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
________________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
________________________________________

ISAAC ROSEN, CITY ATTORNEY

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65501.00001\42283120.1
ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

INTERSECTION OF NOYES ROAD AND EQUESTRIAN WAY
(APN: 007-781-055); APPLIED FOR BY MICHAEL HARRIS, AND

FINDING THAT THIS ACTION IS EXEMPT FROM CEQA
WHEREAS, Michael Harris has submitted an application to drill and install one (1) new domestic supply well at a property on an unaddressed parcel on Noyes Road in Arroyo Grande (“Well Application”); and
WHEREAS, the Well Application would be on unaddressed property on Noyes Road (APN: 007-781-055), northeast of the intersection of Noyes Road and Equestrian Way (“Subject Property”); and
WHEREAS, Arroyo Grande Municipal Code (“AGMC”) Chapter 13.08 requires City Council to discretionarily review and approve or deny all new or replacement wells in the City; and
WHEREAS, specifically, AGMC section 13.08.040 requires the City Council to consider, in its discretion, approval for new or replacement wells or abandonment of existing wells. Approval to drill a well within the City boundaries may be granted if the City Council determines: 1) the well will neither deplete nor contaminate the City water supply; and 2) service from the City’s water system is neither practical nor feasible; and
WHEREAS, the City Council held a noticed, continued public hearing on May 28, 2024, to consider the Well Application.

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

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

2. Well Application. Approves the application to drill and install one (1) new domestic supply well at the property located northeast of the intersection of Noyes Road and Equestrian Way (APN: 007-781-055), subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.

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RESOLUTION NO.

PAGE 2

3. Findings. The approval of the well application is based on the findings required by AGMC Section 13.08.040 and made below:
a. The drilling and operation of the well will neither deplete nor contaminate the City water supply because:
i. The proposed well does not access the same aquifer utilized by the City’s wells, and no interference or depletion of the City’s water system is anticipated.
ii. The proposed well will not impact adjacent properties because the owner will be required to obtain County
Environmental Health approval, be located at least 100 feet from septic system areas, and be metered to determine
annual water usage.
b. Service from the city water system is neither practical nor feasible because:
i. The proposed well is on property that is predominantly covered by native oak woodland, includes steeper slopes and includes significant existing rock outcroppings, which when taken together require significant construction
challenges in avoiding impacts from a City water system infrastructure extension for a single family residence. ii. Although the Subject Property is immediately adjacent to the City's Reservoir No. 5 and is within the City’s boundaries, and would not require any easements or improvements to
existing City infrastructure, a direct water service connection for a single-family residence would necessitate construction of a service line that would have potential impacts to sensitive resources such as native oak woodland and existing rock outcroppings.
iii. The proposed well would require minor infrastructure that would not impact sensitive resources on the property.

4. CEQA. The City Council determines that the installation of a domestic water well is categorically exempt from CEQA under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (State CEQA Guidelines, § 15303.). This project falls within the Class 3 exemption because approval of the project would result in the installation of one small well structure. Furthermore, none of the exceptions outlined in State CEQA Guidelines section 15300.2 apply here. The well will be located to avoid sensitive habitats. There will be no cumulative impact of successive projects of the same type in the same place, over time, because

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RESOLUTION NO.

PAGE 3
only one domestic well is necessary to serve any future proposed residential uses on the project site. There are no unusual circumstances such that the project will have a significant environmental impact. The well will avoid all scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, and is not within a highway officially designated as a state scenic highway. The project is not located on a site included on any list compiled pursuant to Government Code section 65962.5. In addition, the project will not cause a substantial adverse change in the significance of a historical resource. Therefore, the project is categorically exempt from CEQA and no further environmental review is required.

City Council directs staff to file a Notice of Exemption with the County Clerk and State Clearinghouse within five days of this Resolution.

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

AYES:

NOES:

ABSENT:

The foregoing Resolution was passed and adopted this 28th day of May 2024.

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RESOLUTION NO.

PAGE 4
_________________________________________

CAREN RAY RUSSOM, MAYOR
ATTEST:
________________________________________

JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________

MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
________________________________________

ISAAC ROSEN, CITY ATTORNEY

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RESOLUTION NO.

PAGE 5
E X H I B I T " A"

CONDITIONS OF APPROVAL
ONE (1) NEW DOMESTIC SUPPLY WELL

NORTHEAST CORNER OF NOYES ROAD AND EQUESTRIAN WAY
APN: 007-781-955
GENERAL CONDITIONS:

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

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

3. The applicant shall comply with all the conditions of the City Council Resolution adopted on May 28, 2024, as well as the terms, conditions, and standards specified in the written permit issued by the County of San Luis Obispo Public Health Department.

4. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.

The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the Applicant of any obligation under this condition.

5. This approval shall expire on May 28, 2026 unless a drilling permit is obtained from the County of San Luis Obispo Public Health Department. Time extensions may be requested in conformation with the Arroyo Grande Municipal Code.

6. This approval shall only be valid for the residential construction of up to one (1) single family home, one (1) accessory dwelling unit, and one (1) junior accessory dwelling unit. Any additional development of the property will be required to connect to the City’s water infrastructure at the sole cost of the property owner at the time of proposed development.

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RESOLUTION NO.

PAGE 6

7. This approval shall only be valid for the existing legal parcel and shall not extend to any future parcels created through subdivision of the property. Prior to recordation of any subdivision of the property, the owner shall abandon the well in accordance with County Environmental Health Standards.

8. The applicant shall install a meter on the well head that monitors all water drawn from the well and report annual pumping amounts as of December 31 st
to the City Public Works Department by January 31st of the following year.

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

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

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

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

13. This well approval is conditioned on the stated planned development of a single family home, Accessory Dwelling Unit and Junior Accessory Dwelling Unit on the subject parcel. If the residential use on the site is intensified, such as a subdivision or additional housing units are created, applicant must return to the City Council for a new hearing and approval to use the well pursuant to the City’s Municipal Code existing at the time of such intensification of use.

14. The well must comply with all general legal requirements imposed by the California Department of Water Resources, State Water Resources Control Board, and any other applicable state or federal law.

15. During any period of noncompliance with these conditions, the well will constitute an unapproved use of land subject to the penalties and remedies of the Arroyo Grande Municipal Code.

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Links to Attachments 3 through 7

3. Application Materials (link to February 27, 2024 meeting)

4. Letter from Marsha Burch dated October 24, 2023, and attached “Harris Report” (link to February 27, 2024 meeting)

5. Previous Well Approvals – Resolutions (link to February 27, 2024 meeting)

6. Previous Well Approvals – Staff Reports (link to February 27, 2024 meeting)

7. Supplemental Information provided by applicant on February 27, 2024

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Well on Noyes Road
• Our Story
• The Property
• Application for a well
• Practicality and Feasibility
• Staff report and policies
• We are hoping that city council:
• Has not already made their decision and will listen to our presentation • Will consider our position and consider the validity of the areas of push back we are highlighting in the staff report
• Remember that this is discretionary for a reason. Each well within the city limits is unique, and staff’s narrow interpretation of the code as presented in the staff report is not discretionary
ATTACHMENT 8

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The Property on Noyes Road
• The property is currently zoned Single Family Planned Development 1.2 • From April 23, 2019 to October 12, 2021 I exchanged 23 emails with Andrew Perez (prior to purchase):
“My research revealed that the Noyes Road properties could be developed with one single-family residence on each parcel for a total of two units without a discretionary permit"
• I am not a developer, so I wanted written confirmation from the city that I could build a single family residence on the property before I would purchase the property.

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The Property

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A Choice Between Two Alternatives
We believe that the plain language and the intent of the city code on water wells dictates that all relevant factors and evidence should be considered by the city council, not just those that support the city staff position.

We believe that the city code was adopted for precisely the reasons that are evident from this specific and unique application for a water well.

We believe that if all relevant factors and evidence is considered then the city council will conclude that service from the city water system is not practical or feasible.

We believe that a domestic well will provide beneficial use of water and benefits the applicant with no harmful or adverse impacts to the City, community, neighborhood, groups, environment, etc.

We believe that the denial of the well will result in undue hardship and adverse impacts to the applicant and to the environment with no proportional benefit.

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Practicality and Feasibility
• Service from the city water system is not practical and not feasible
• There is no city water main in a street or public right of way adjacent to the property
• The alternative provided by city staff is to install a water meter in an inaccessible and environmentally sensitive location
• The alternative provided by city staff has astronomical cost, environmental and safety impacts.
• These concerns were not ignored by city staff until they did not fit with their recommendation
• The new “interpretation” of the city code was manipulated to fit the recommendation

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Practicality and Feasibility
• Why would it be prohibitively expensive to receive service from the city water system?
• Distance to potential build sites
• Clearest path to best build site would be 2,000 feet
• Direct path is impossible
• Topography of the property
• Trees
• Slope
• Rocks
• Environmental Issues
• Chapter 12.16 of the AGMC
• Coastal Live Oaks
• Dripline
• Hand trenching
• Root system, 1” roots
• Performance bond

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Land Use & “City Vision”
“Staff’s recommendation to deny the well application is strictly based on the above practicality and feasibility analysis. Neither staff nor the City envision any particular use of private property in the City.” Staff Report February 27, 2024

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Land Use & “City Vision”

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Land Use & “City Vision”

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Environmental Impacts & Concerns
• Geology report from Harris-Cleath Geologist
• Arborist report from The Oakley Group
• Arroyo Grande Community Tree Program
• Arroyo Grande Sustainability

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City Code – Water Wells

13.08.010 - Purpose.

It is the purpose of this chapter to provide for the construction, repair, modification and destruction of wells in such a manner that the groundwater of the city will not be contaminated or polluted and that water obtained from wells will be suitable for beneficial use and will not jeopardize the health, safety or welfare of the people of the city.
• City groundwater cannot be contaminated or polluted
• Water from the well will be for beneficial use
• The well will not jeopardize the health, safety or welfare of the people of Arroyo Grande

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City Code – Water Wells
A. Application. Prior to the issuance of any permit, the application and recommendations of the health officer for a new well shall be submitted to the council. The council may approve the application if, in its discretion, the drilling and the operation of the well will not deplete nor contaminate the city water supply and service from the city water system is neither practical nor feasible. • “I sent the staff report for a final round of review last week. We should be on the consent agenda for next Tuesday for approval.” Patrick Holub – March 20, 2023 • “We are discussing whether this connection is in the best interest of the city.” Patrick Holub – March 29, 2023
• “We do not feel that it is in the best interest of the City to allow a domestic well at this location … we will be writing a staff report recommending that the City Council deny the request” Patrick Holub – May 1, 2023
• This is not the city code
• Neither the October 24, 2023 staff report or the February 27, 2024 staff report make any mention of “the best interest of the city”

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City Code – Water Wells
A. Application. Prior to the issuance of any permit, the application and recommendations of the health officer for a new well shall be submitted to the council. The council may approve the application if, in its discretion, the drilling and the operation of the well will not deplete nor contaminate the city water supply and service from the city water system is neither practical nor feasible. • “Staff reads the practicality and feasibility test as one based on whether the City is reasonably able to provide a domestic water service connection from the City water service line, to the private property boundary, and at what cost to the City this can be done.”
• This is not the city code – this is a narrow rewrite of the city code by unelected staff without any public comment or review
• I can find no city council discussion or public comment or writing on the need to narrow the city code on water wells to become a ministerial decision

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City Code – Water Wells
A. Application. Prior to the issuance of any permit, the application and recommendations of the health officer for a new well shall be submitted to the council. The council may approve the application if, in its discretion, the drilling and the operation of the well will not deplete nor contaminate the city water supply and service from the city water system is neither practical nor feasible. • “Staff does not believe practicality and feasibility criteria should be based upon the private property owner’s costs associated with installing domestic water service, nor should it be based solely on the topography of the site.” • “solely” not present in the 2nd staff report, added to the 3rd staff report • This is not the city code – city code does not require the city council or city staff to exclude the property owner’s cost or the topography of the site from consideration. • Should the city staff and city council consider the cost when it becomes an extreme hardship? Should the city staff and city council consider the topography of the site which there are certain environmental impacts?

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City Code – Sewer System

13.12.030 - Availability defined.

For the purpose of this chapter, a public sewer shall be deemed to be available to a building if such sewer is within two hundred fifty (250) feet of the nearest property line of the lot upon which such building is located.

13.12.070 - Private systems—Approval—Applications—Granting.

The approvals for private sewage disposal systems referred to in Sections 13.12.050 and 13.12.060 of this chapter may be granted upon a written application to the council by the applicant setting forth the basis for such a request. Approval may be granted only upon an affirmative showing that no health hazard, public nuisance, or inequity to other property owners will result therefrom. Approval may also be granted to allow a private sewage disposal system when it is shown to the satisfaction of the director of public works to be unfeasible to connect to the public sewer, and the lot in question is approved by the county health department as to suitability for such private sewage system.

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City Code – Sewer System
• Considers the location of the building
• Considers the distance from the building to the nearest property line • Considers the distance from the property line to the sewer system • Considers the topology of the property as it relates to health hazard, public nuisance, or inequity to other property owners
• Considers the feasibility of the property owner’s connection, not the extension of the city sewer system • Considers feasibility from the property owners perspective • Why does city staff believe that these considerations have no relevance when considering water service? • The city code, as it is written – not how the city staff interprets it, does not exclude any of these relevant factors

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City Code – Water & Server Service
Sewer Service Water Service
Considers building location “City is not responsible for the proposed location of residential structures on the property”
Considers closest property line to building location City will not consider closest property line to building - not responsible
250 feet away is unavailable City will not consider distance - not responsible No health hazard, public nuisance, or inequity No consideration for “topography of the site” Even if public sewer is available -
Discretion of director of public works if unfeasible
for the resident to connect to the public sewer
(from the resident perspective)
Service is “available” if city installs a water meter on any property boundary irrespective of any other
relevant factors (such as cost, distance, or
environmental issues)

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City Code – Water Wells
• The plain language of the code is broad, not narrow, and suggests that connecting a particular property or area to the city water system might pose technical challenges, excessive costs, or other difficulties that make it an impractical or unviable solution.
• This might then justify seeking alternative water sources, such as drilling a new well.
• All relevant factors should be considered – do not exclude factors and evidence that is in opposition to the city staff preference

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RESOLUTION NO. 4830
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE

APPROVING AN APPLICATION BY DARREN SHETLER TO INSTALL A TEMPORARY

IRRIGATION WELL FOR AGRICULTURAL PURPOSES ON A PROPERTY ZONED PLANNED DEVELOPMENT; APN 007- 781- 55; NOYES ROAD, ARROYO GRANDE • WHEREAS, based upon the interim agricultural use and the distance from existing City water infrastructure, the City Council finds that service from the City' s water system is neither practical nor feasible.
• Two current council members votes for this resolution • Resolution is a formal expression of the opinion of the city council • Same well location, same parcel as current well application

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Staff Reports - ADMINISTRATIVE POLICIES AND
PROCEDURES - POLICY#: A-0-04

3. Staff reports should be concise, but include all information necessary for City Council to make a decision and attempt to address any expected questions. Staff reports should provide a comprehensive analysis of the staff report topic, including the background, evaluation of all related issues, cost impacts, potential policy and operational impacts, schedule, all feasible alternatives, and staff’s recommendation. • ANALYSIS OF ISSUES:
• List each issue and a brief discussion of how it relates and/or impacts each of the alternatives. Be thorough, yet concise.

The objective of the discussion is to provide all information necessary to members of the City Council to make a well educated decision.
• ALTERNATIVES:
• The following alternatives are provided for the Council's consideration: Include a brief summary of each feasible alternative available for consideration. It is important to provide a complete list. Do not exclude potential alternatives simply because staff believes they will be detrimental
• Recommended Alternative
• Other Alternative
• Other Alternative
• ADVANTAGES
• List the ''pros" of the recommended action, including benefits to the City, community, neighborhood, groups, environment, etc., as well as specific reasons the action is preferred over other alternatives available. • DISADVANTAGES
• List the "cons" of the recommended action, including any potential negative outcomes or impacts to the City, community, neighborhood, groups, environment, etc., as well as specific aspects of alternatives available that may be preferable to the recommended action.

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Staff Reports - City Council Handbook - 3.4 City
Council/City Manager Mutual Expectations
Expectation of City Manager
• f. Provide complete information regarding an issue or item. Never manipulate information in order to promote one viewpoint. • g. Ensure staff reports include alternatives, potential impacts of each alternative and staff’s best recommendation.

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Staff Report for Item 10a – Does not follow policy
• All information and all issues
• Where is the staff report that recommended approval of the well on the consent agenda?
• The staff report from October 24, 2023 should also be included • Where is the information and documents that were requested and obtained by city staff from November 30, 2022 to May 1, 2023?
• Why are they not provided to city council?
• Alternatives
• Approval of the well permit application
• Extension of city main along Noyes Road to provide service in front of property
• Extension of city main across two private parcels requiring easements

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Staff Report for Item 10a
• Advantages
• Why are there no benefits to the community, neighborhood, groups, environment included?
• There are no specific reasons the recommended action is preferred over other alternatives available
• The only benefit is – consistency with city policy
• Disadvantages
• None identified.
• There are no “cons” to the recommended action?
• There aren’t any potential negative outcomes or impacts? • There are no specific aspects of alternatives available that may be preferable to the recommended action

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“The City is not responsible for the proposed location of residential structures on a property” Staff Report – October 23, 2023 • Why was this image (that the city created) removed from the February 27, 2024 staff report?

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“The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.” Staff Report – October 23, 2023 • Removed from the February 27, 2024 staff report
• This is not historically what the city has done
• This is not what the city did from December 13, 2022 to March 21, 2023 • 25 emails to and from city staff focus on feasibility and cost from the property owner perspective, not the city
• There is no cost to the city to serve each parcel, the property owner pays

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“The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.” Staff Report – October 23, 2023 • “From there, you will be able to pay the fees and upload any plans/documents, such as a groundwater feasibility study and site plan” Andrew Perez – December 13, 2022 9:00 AM
• “Please upload … a statement explaining why service from the City’s water system is neither practical nor feasible.” Andrew Perez – January 26, 2023 2:08 PM • “We will need a few additional pieces of information from you. Furthermore, we will need you to show that a connection to the City’s system is impractical.” Patrick Holub – January 31, 2023 7:49 AM
• “If you can show the property on a site plan showing the proposed location of the well, we should be able to determine the distance to the closest water main and determine practicality from there.” Patrick Holub – January 31, 2023 7:49 AM • “I have uploaded the statement of infeasibility to the permit portal.” Richard Burde – February 7, 2023 10:12 AM

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“The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.” Staff Report – October 23, 2023 • “Can you take a look at the hydro study and the feasibility letter and let me know if you have any concerns?” Patrick Holub to Shane Taylor – February 7, 2023 1:46 PM • “I just wanted to acknowledge receipt of the submittal items. I have forwarded them to our utilities manager for a review.” Patrick Holub – February 7, 2023 1:47 PM • “Their feasibility letter states that the building site is approximately 200’ below the elevation of the water tower and that any water services would need to be put in at ~20% slopes, which is why they are requesting a well.” Patrick Holub to Shane Taylor – February 10, 2023 9:35 AM • “In reviewing the feasibility letter from CHG, we have a couple of questions we would like to discuss.” Patrick Holub – February 10, 2023 10:19 AM
• MEETING - Discuss feasibility of connecting to City services at Reservoir 5.” Patrick Holub, Shane Taylor, Richard Burde, Tim Cleath – February 16, 2023 11:00 AM
• “I am currently gathering numbers for construction costs associated with connecting a water line to the water tank and will be providing those to you when they are available.” Richard Burde – February 23, 2023 8:43 AM
• “If we were to recommend that the Council denies the request, that would likely involve a discussion with our City Manager. I don't think that is going to be likely once you present the numbers” Patrick Holub – February 23, 2023 9:10 AM

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“The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.” Staff Report – October 23, 2023 • “Hi, Richard. I wanted to check on your progress with the feasibility calculation.” Patrick Holub – March 9, 2023 8:41 AM
• “I will be putting together the preliminary cost estimate this week. I won't have any problem getting that to you by early next week. Please remind me, is there anything else but the cost estimate that we need to provide the City at this time?” Richard Burde – March 9, 2023 8:46 AM
• “I think that should be sufficient. I’ve already prepared 95% of the staff report and will augment it with your numbers when they are ready. Thanks for the additional analysis.” Patrick Holub – March 9, 2023 8:47 AM
• “I was able to get the line items to our contractor today and he is hoping to have final numbers tomorrow. Preliminary estimates are coming in around $115,000 but I will be providing the final estimate asap.” Richard Burde – March 15, 2023 3:58 PM • “I was able to get the quote from the contractor, please see attached.” Richard Burde – March 16, 2023 4:45 PM

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“The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.” Staff Report – October 23, 2023 • “I'd like to point out that the estimate that was provided does not include costs associated with trenching through, or removing rocks that would be found in the water lines layout. A recent site visit confirmed that there are three rock outcroppings between the water tanks and the likely build site so we would expect the "rock clause" identified on the estimate to come into effect during construction.” Richard Burde – March 16, 2023 5:26 PM
• “Thanks for this information. I sent the staff report for a final round of review last week.

We should be on the consent agenda for next Tuesday for approval” Patrick Holub – March 9, 2023 7:39 AM
• “I was asked to see if you could provide more information on the cost related to the installation of the well. If you can provide that information, I think that should be sufficient for the Council to make a well-informed decision.” Patrick Holub – March 21, 2023 2:32 PM
• “It turns out that property owner Mike Harris already had a construction cost estimate produced by Filipponi & Thomson last year, which came to approx $23,000. Please see the attached and let me know if you have any questions.” Richard Burde – March 21, 2023 3:14 PM

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“The City has historically determined practicality and feasibility based on the City’s ability and cost to serve each parcel.” Staff Report – October 23, 2023 • “FYI. The cost estimate for the water line is $97k. Let me know how we should proceed.” Patrick Holub to Shane Taylor – March 21, 2023 3:19 PM • “This just for the well, it does not include all the additional infrastructure such as storage tank for fire protection, pumping system that needs to be installed as part of the well system. Where is the $97,000 estimate?” Shane Taylor to Patrick Holub – March 21, 2023 3:29 PM
• “Shane, here’s the cost estimate for the water line.” Patrick Holub to Shane Taylor – March 21, 2023 3:29 PM
• Harris Well – Construction Cost Estimate.pdf Shane Taylor to Shannon Sweeney – June 22, 2023 1:32 PM

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Requests For Service and Complaints - ADMINISTRATIVE
POLICIES AND PROCEDURES - POLICY#: A-0-29
It is the policy of the City to provide outstanding customer service, which involves responsive, effective and professional follow-up to all complaints and requests for assistance.
• D. Complaints Regarding Staff Performance
• 1. Any complaint regarding staff performance shall be referred to the City Manager. • 3. The appropriate department director shall be requested to investigate the performance issue. • 6. The City Manager shall respond to the complainant. • G. Informal Administrative Review Process Involving Staff Reports • 1. If members of the public identify information or conclusions within a staff report that they believe to be inaccurate or inconsistent with City policies and/or regulations, they may submit their concerns to the City Manager either in person or on the City Standard Request Form. • 2. The City Manager will meet with the complainant and immediately investigate the information and make a determination if a change is necessary.
• 3. The City Manager will submit a written determination to the appropriate board, commission or City Council prior to the meeting and provide a copy to the complainant. Staff will report any changes to the Board, Commission or City Council at the meeting. • 5. If the City Manager determines the issues are substantive to the issues being considered and sufficient time is not available to properly investigate and respond to the concerns, postponement of the item and/or decision shall be recommended.

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Requests For Service and Complaints - ADMINISTRATIVE
POLICIES AND PROCEDURES - POLICY#: A-0-29
It is the policy of the City to provide outstanding customer service, which involves responsive, effective and professional follow-up to all complaints and requests for assistance.
• I sent an email to the City Council and the City Manager which was titled “A request for assistance” on July 21, 2023
• I submitted a 40 page report regarding the October 24, 2023 staff report on October 25, 2023
• This policy was not followed with respect to the complaints and the request for assistance
• The city manager did not respond to the complaint regarding the staff report • No meeting was arranged by the City Manager
• There was no written determination
• No copy of a written determination was provided to me • The city manager made no determination on whether the issues were substantive Page 255 of 311 Concern With the Process
• In over 100 years and 4,656 resolutions, only one (1) other resolution indicated “with prejudice”
• Why was this designation included in the October 24, 2023 proposed resolution? • Why was it removed from the February 27, 2024 resolution? • Does the need for water and the discussion surrounding this basic human necessity require a decision "with prejudice“?

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Concern With the Process
• “I strongly support staff's position. While it might not be ideal for you, it is the correct call according to the policies set forth by the City Council.” Email from city council on October 6, 2023
• What staff position?
• Why is it not ideal for me? Are these “cons” that should have been identified? • The correct call has been determined before any public hearing? • How can it be the correct call if all information has not been presented? • What policies have been set forth by the city council? • Council members should reserve judgment until all evidence is presented, staff reports are thoroughly examined, and the public has been given an adequate opportunity to participate in a meaningful dialogue. The premature expression of strong support for a staff position circumvents this process.

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Tree Impacts to Domestic Well Alternative at APN 007-781-055 Arroyo Grande, CA
Mike Harris 1 | Page
Memorandum
To: Mike Harris From: Sam Oakley
5940 Granite Glen Court Master Arborist WE-9474B
Granite Bay, CA 95746 Consulting Arborist #556
916.802.1659 415.407.6995
[email protected] [email protected]
Subject: Preliminary Tree Impacts to Domestic Well Alternative APN 007-781-055, Arroyo Grande, CA
Date: February 22, 2024
Summary
Based on the proposed locations for both the proposed service connection location at Reservoir No. 5 and the single-family residence, coupled with the existing sensitive oak woodland habitat conditions and the potential impact that the installation of the proposed water line would have on the sensitive habitat, there will be severe impacts to a large swath of protected trees and oak woodland.

Discussion
You, Mike Harris, have applied for a domestic well permit on the addressless parcel APN 007-781-055 on Noyes Road between Equestrian Way and Printz Road in Arroyo Grande, California. You intend to build a single-family residence on the parcel and have applied for a permit with the City of Arroyo Grande to install a domestic well. The proposed home location is shown approximately on Figure 1 based on our February 2, 2024, site-walk. The building site is the preferred location for the single-family residence as it is the most economical, flat, and accessible building location on the parcel. You have asked me to provide an assessment on the potential environmental impacts to the site based on the alternative to the domestic well and make recommendations based on the City’s proposed location for the service connection.

The City will be considering a resolution to deny your application for a permit for domestic well, which has been continued from October 24, 2023, for the following reasons. Approval of a domestic well within the City boundaries may be granted if it is determined that 1) the well will neither deplete nor contaminate the City water supply, and 2) service from the City is neither practical nor feasible. While it has been quantified that the City water supply will not be depleted nor contaminated, the City Staff has interpreted that the practical and feasible test is one based on whether it is practical and feasible for the City to provide a service connection from a City water service line to the private property boundary, which is ATTACHMENT 9

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Tree Impacts to Domestic Well Alternative at APN 007-781-055 Arroyo Grande, CA
Mike Harris 2 | Page
an understandable position but does not take into account the nuances of the site. The subject parcel is adjacent to the City’s Reservoir No. 5 and the City has proposed as an alternative to the domestic well a service connection from Reservoir No. 5 to the private property boundary.

In their statement for the practical and feasible test, the City has not considered whether the proposed location for the service connection boundary creates inherent environmental impacts due to the location’s immediate proximity steep slopes, rare vegetation, wetland or riparian habitat, oak woodland, nor any other considerations such as fire safety, access, etc., which was acknowledged by City Staff to you in an email on October 12, 2021.

For my assessment, I am assuming that the waterline will be (Option 1) a straight line from the proposed location for the service connection at Reservoir No. 5 to the building site shown in Figure 1; Option 2’s path to the same building and service locations would follow a curved route to minimize the impact to the surrounding environment.

Figure 1: the proposed location for the single-family residence is shown in yellow (Building Site 1). The proposed domestic well would be in the vicinity of this location. The proposed location for the domestic water service connection proposed by the City is shown with a red arrow. The yellow location is approximately 800-feet from the proposed location for the City service connection and the most environmentally impactful water line would follow this path (Option 1), whereas the green path for the water line (Option 2) appears to be the least environmentally impactful but is approximately 2000-feet from the proposed service connection location and cuts through sensitive oak woodland habitat to a greater degree. The area between both building locations and the proposed service connection location is sensitive oak woodland habitat that is protected by City ordinance.

The City of Arroyo Grande protects any oak that measures twelve (12) inches in diameter when measured four feet and six inches from the base. Furthermore, 12.16.090 of City of Arroyo Grande’s Municipal Code stipulates that trees designated to remain during a property’s development shall be protected prior to and during construction by an enclosure

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Tree Impacts to Domestic Well Alternative at APN 007-781-055 Arroyo Grande, CA
Mike Harris 3 | Page
at the dripline of the tree, and that no parking of vehicles or equipment or storage of materials shall be permitted within the dripline of the trees designated to remain. No machine trenching within a tree's dripline is be permitted.

I have reviewed the Option 1 proposal from Larry Nash Construction, dated 3/16/23, to assess the impacts of the proposed water line on the surrounding trees. The proposal considers only Option 1 as it is the most economical option for the waterline but the requirements from the contractor will be the same. They will need to clear and grub a long path of travel through protected and sensitive oak woodland habitat, trench, and install a 1- inch water line.

Based on the proposed locations for both the proposed service connection location at Reservoir No. 5 and the single-family residence, coupled with the existing sensitive oak woodland habitat conditions and the potential impact that the installation of the proposed water line would have on the sensitive habitat, there will be severe impacts to approximately 250 protected oaks and sensitive oak woodland habitat. This amounts to approximately $800,000 to $1,000,000 in appraised tree value that will be impacted by Option 1. Option 2’s impacts would be even greater than Option 1.

Best practices in tree protection would be to consider a far less impactful alternative, i.e., adopt a resolution to accept, rather than deny, a permit for domestic well. The installation of a domestic well is both categorically exempt from the California Environmental Quality Act under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures, and it will have minimal impact to the surrounding protected oak woodland habitat.

I strongly urge the City of Arroyo Grande to approve the permit for the domestic well and reconsider in practical and feasible test for this permit whether the proposed location for the service connection creates inherent environmental impacts.

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ATTACHMENT 10

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From: Gaea Powell
Sent: Tuesday, March 12, 2024 5:59 PM
To: public comment <[email protected]>; Mike Harris < Subject: Fwd: Public comment from Mike Harris
Hello, Mike Harris is unavoidably on a plane and would like for his below statement to be read during public comment. Thank you.
---------- Forwarded message ---------
From: Michael Harris <
Date: Tue, Mar 12, 2024 at 2:56 PM
Subject: Public comment from Mike Harris
To: Powell Gaea <
My experience surrounding the city's handling of my water well application has shed light on significant deviations from the principles of fairness, impartiality, and comprehensive evaluation during the public hearing process. There is a critical need for immediate rectification.

The recent public hearing concerning my water well application was marred by several unsettling occurrences that raise grave concerns about the process's integrity. Notably, the mayor's interactions with city staff during the hearing demonstrated a lack of rigorous inquiry and an unsettling dismissal of crucial issues relevant to my application.

The substantial financial and environmental repercussions of denying my application were astonishingly overlooked. The mayor's repeated question, “Does it matter?” in response to these significant concerns, unveiled a disconcerting bias and a blatant disregard for factors critically pertinent to both my position as the applicant and to the wider community's welfare.

Compounding these concerns was the mayor’s approach to the city staff's recommendations. Her inquiry as to why no disadvantages had been identified in their recommendation against my application went unanswered. More troubling was the

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mayor's lack of persistence for an answer, a failure that significantly undermines her role in ensuring a balanced and informed decision-making process. The mayor was unwilling and unable to critically assess and question the city staff's position, thereby tarnishing the integrity of the hearing and the legitimacy of any subsequent decision.

These procedural deficiencies are far from minor; they fundamentally undermine the essence of a fair public hearing. The mayor's reluctance to address significant questions and to seek a balanced perspective resulted in a skewed presentation that unjustly favored the city staff's recommendations. Action of this nature suggest that decisions are made based on preconceived biases rather than an objective assessment of the facts and community feedback.

In response to these glaring failures, I request that the public hearing on my water well application be reopened under impartial guidance, devoid of the previous bias and negligence. Furthermore, the mayor must recuse herself from any further proceedings related to this matter, especially given her premature expression of support for the city staff's position in her October 6th email in which she stated "she strongly supports staff position, it is the correct call based on policies put forth by the city council", which blatantly predetermines the hearing's outcome. This demand for recusal is grounded in the need to uphold the integrity of the hearing process and ensure all relevant factors are considered impartially and thoroughly.

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MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Supplemental Information
Agenda Item 10.a. – May 28, 2024 City Council Meeting
Continued Public Hearing to Consider a Resolution Denying the Installation of One (1) Domestic Well on Property Zoned Planned Development (PD); Applicant – Michael Harris; Representative – Richard Burde, SLO Civil Design
DATE: May 28, 2024
Attached is correspondence received for the above referenced item. cc: City Manager
Assistant City Manager/Public Works Director
Community Development Director
City Attorney
City Clerk
City Website and Public Review Binder
Enc

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Item 12.a.

MEMORANDUM
TO: City Council
FROM: Matthew Downing, City Manager
Bill Robeson, Assistant City Manager/Public Works Director Nicole Valentine, Administrative Services Director
Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Consider Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 5, 2024 Ballot
DATE: May 28, 2024
RECOMMENDATION:
1) Adopt the proposed Resolution ordering the submission to the qualified electors of the City a measure relating to the establishment of a local transactions and use tax (hereinafter referred to as a "sales tax") at the General Municipal Election to be held on Tuesday, November 5, 2024, as called by Resolution;
2) Adopt the proposed Ordinance adding Chapter 3.23 to Title 3 of the Arroyo Grande Municipal Code regarding a transactions and use tax (to ultimately be considered for approval by the voters);
3) Adopt the proposed Resolution setting priorities for filing a written argument regarding a City measure and directing the City Attorney to prepare an impartial analysis of the measure;
4) Adopt the proposed Resolution requesting consolidation with the County of San Luis Obispo General Municipal Election to be held on Tuesday, November 5, 2024; 5) Appoint two members of the Council to serve on an ad-hoc committee for creation of the argument to be submitted in favor of the measure; and 6) Determine that adopting the Resolutions and Ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

If approved by the voters, the proposed sales tax measure would generate approximately $6 million in additional annual revenue. As a general tax, the proceeds would be deposited into the General Fund and may be used for any lawful purpose, as designated by the City Council, including being allocated towards City services including fixing

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Item 12.a.

City Council
Consider Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 5, 2024 Ballot
May 28, 2024

Page 2 ends

potholes, maintaining City streets, sidewalks, parks, aging infrastructure, and community facilities; providing local fire protection, police, and 9-1-1 emergency services; cleaning up litter/graffiti, and addressing homelessness. Funding for the November 2024 General Municipal Election has been included in the Biennial Budget for Fiscal Years 2024-25 in the amount of $55,000 and is anticipated to cover costs associated with printing the ballot measure in the Sample Ballot booklet.

BACKGROUND:

At the March 2, 2023, Special City Council Meeting, the City Council established four (4) major City goals for staff to prioritize for the FY 2023-25 Biennial Budget. The goals were established considering the results of a community survey and input from the public and staff. The four major goals are:

Funding
Support a thriving community through fiscal responsibility, economic development efforts, and additional and alternative revenue streams.

Fire Services
Implement operational and fire and emergency service delivery improvements through the Five Cities Fire Authority and complete the transition of services to Oceano due to its exit from the Authority.

Infrastructure
Invest in and complete critical infrastructure projects throughout the City through the strategic prioritization of projects based on available resources.

General Plan Update
Prioritize and complete major work efforts for the comprehensive General Plan update to provide a vision and framework for future development within the City.

On June 13, 2023, the City Council authorized the publishing of a Request for Proposals (RFP) for Voter Opinion Polling and Public Education and Outreach Services. On August 22, 2023, the City Council approved a professional services agreement with Clifford Moss and True North Research for these services. Voter Opinion Polling was conducted in November and December 2023. On January 9, 2024, the City Council reviewed the

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Item 12.a.

City Council
Consider Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 5, 2024 Ballot
May 28, 2024

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polling results summary report from True North Research and directed staff to continue working with the consultant on a potential future revenue measure.

As part of the City’s efforts to listen to the community regarding their priorities for Arroyo Grande, a Community Priorities Survey was mailed to all Arroyo Grande households on February 22, 2024. The mailer included a tear-off response card as well as an online option for completing the survey. To encourage resident participation, video and still ads were developed and placed on various online platforms driving viewers to the online version of the survey.

On April 23, 2024, the City Council reviewed the Community Priorities Survey Results.

As of May 23, 2024, the City received 1,509 responses to the Community Survey – 488 written and 1,021 online. Over 400 personal comments were also provided with the responses.

On average, the top three priorities, as ranked by Arroyo Grande residents responding to the survey, were as follows:

1. Maintain fire protection services;

2. Maintain 911 response and emergency police services; and

3. Repair, pave and Maintain Arroyo Grande’s 73 miles of roads; fix potholes and damaged sidewalks.

The top three priorities were calculated by taking the sum of each selection and dividing it by the number of responses received for that category. Categories with the lowest averages reflect the more important issues to the community members who responded.

The top three “1st place” priorities, by a significant margin, were as follows:

1. Repair, pave, and maintain Arroyo Grande’s 73 miles of roads; fix potholes and damaged sidewalks;

2. Maintain 911 response and emergency police services; and

3. Maintain fire protection and paramedic services.

The top priorities were calculated by adding up how many rankings of “1” each category received.

On May 14, 2024, the City Council received a presentation regarding financing options related to the top three community priorities and directed staff to bring back an item for consideration to place a one-cent Transaction & Use Tax (“sales tax”) measure, with a 10-year sunset, on the November 5, 2024 ballot.

ANALYSIS OF ISSUES:

The City Council has received information and discussed the City’s revenue and potential opportunities to increase revenue in the face of rising costs. The revenue from a new onePage 269 of 311 Item 12.a.

City Council
Consider Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 5, 2024 Ballot
May 28, 2024

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cent local sales tax measure would be deposited into the General Fund and may be used for any lawful purpose, as designated by the City Council, and could be allocated towards City services, such as: fixing potholes, maintaining City streets, sidewalks, parks, aging infrastructure, and community facilities; providing local fire protection, police, and 9-1-1 emergency services; cleaning up litter/graffiti, and addressing homelessness. If approved, the proposed sales tax measure would generate approximately $6 million annually and is intended to augment the existing Measure O 2006 Sales Tax fund created in 2006. City staff met recently with the City’s Sales Tax Consultant to review the October through December 2023 actual sales tax revenues received and to discuss projections for the remaining fiscal year. The Consultant provided Measure O 2006 projections for FY 2023-24, which are now expected to be $2,955,000. City staff have included language in the ballot question to reflect an estimated $6 million ($2,955,000 x 2 =$5,910,000) in additional revenue to the City if the voters approve the measure.

Funding received from a new sales tax measure could allow the City to expand its Capital Improvement Projects (CIP) and public facility maintenance funds including the Fire Service, the Police Department and the Streets Infrastructure Maintenance, as well as provide funds for other City programs and facilities.

Structure of the Sales Tax Measure
Following discussion at the May 14, 2024 meeting, the Council provided feedback and direction regarding a proposed one-cent (1%) general sales tax measure to address the City’s future funding of City services, such as: fixing potholes, maintaining City streets, sidewalks, parks, aging infrastructure, and community facilities; providing local fire protection, police, and 9-1-1 emergency services; cleaning up litter/graffiti, and addressing homelessness. The Council also directed staff to include a 10-year sunset clause in the ballot measure language.

In order to place a tax measure on the November 5, 2024, ballot, a 2/3 vote of the City Council (at least 4 members) must approve the proposed Resolutions and Ordinance.

Revenue and Taxation Code Section 7285.9 authorizes the City to increase a transactions and use tax for general purposes, and provides that the ordinance proposing the tax is to be approved by a two-thirds vote of all members of that governing body and the tax also has to be approved by a majority vote of the qualified voters of the City voting in an election on the issue. Likewise, for general taxes, Government Code Section 53724(b) provides that the ordinance or resolution proposing the tax has to be approved by a 2/3rd vote of the legislative body.

The proposed measure includes provisions for citizen review of reported revenue and expenditures to establish accountability and transparency. The proposed measure also includes a 10-year sunset clause in the ballot language. This clause requires the City Council to come back to the voters in order to renew the measure in the future.

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Item 12.a.

City Council
Consider Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 5, 2024 Ballot
May 28, 2024

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Accordingly, the following language has been developed for the ballot measure, which is limited to 75 words:

To provide funding for Arroyo Grande city services, such as: fixing potholes, maintaining city streets, sidewalks, parks, aging infrastructure, and community facilities; providing local fire protection, police, and 9-1-1 emergency services; cleaning up litter/graffiti, and addressing homelessness; shall City of Arroyo Grande’s ordinance establishing a onecent sales tax for 10 years be adopted, providing $6,000,000 annually for general government use that can’t be taken by the State, with citizen oversight, independent audits, and all money locally controlled? Delegation of the Argument in Favor
In prior elections, the City Council has served as the signatory on Arguments in Favor for a ballot measure. The City’s Attorney and the City’s consultant has recommended that the Argument in Favor for this measure be developed by a City Council ad-hoc committee and members of the community. Two members of the City Council may serve on this limited-term, limited-scope committee and not be subject to Brown Act provisions. The Elections Code allows no more than five signatures on the Argument, and the City Council delegate would have one signature, with the remaining four signatures from community members. This Argument would then be submitted to the City Clerk by July 19, 2024, in accordance with the Elections Code.

The proposed Ordinance and Resolutions have been prepared and are included with this report for consideration (Attachments 1-3). It is recommended the Council adopt the Ordinance, adopt the Resolutions as presented for placement on the November 5, 2024, ballot, and appoint two members of the Council to serve on an ad-hoc committee for the development of an Argument in Favor.

ALTERNATIVES:

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

1. Adopt the Resolutions, the Ordinance pertaining to the placement of a ballot measure on the November 5, 2024, ballot, and appoint two councilmembers to serve on an ad-hoc committee;

2. Adopt the Resolutions, the Ordinance pertaining to the placement of a ballot measure on the November 5, 2024, ballot, and do not appoint two councilmembers to serve on an ad-hoc committee;

3. Modify and adopt the Resolutions, the Ordinance, and appoint two councilmembers to serve on an ad-hoc committee;

4. Modify and adopt the Resolutions, the Ordinance, and do not appoint two councilmembers to serve on an ad-hoc committee; or

5. Provide other direction to staff.

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Item 12.a.

City Council
Consider Placing a Local Transactions and Use Tax (“Sales Tax”) Measure on the November 5, 2024 Ballot
May 28, 2024

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ADVANTAGES:

Adoption of the proposed Resolutions and Ordinance will meet the provisions required by the California Elections, Revenue and Taxation, and Government Codes for submitting to the voters a measure relating to the establishment of a local sales tax in the City.

Additionally, appointing two councilmembers to an ad-hoc committee for the development of an Argument in Favor will allow for this process to be driven by community involvement with Council participation.

DISADVANTAGES:

There are no identified disadvantages related to adopting the Resolutions Ordinance as they are required by State law in order to place a measure on the ballot.

ENVIRONMENTAL REVIEW:

Adopting the Resolutions and Ordinance relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

PUBLIC NOTIFICATION AND COMMENTS:

The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. A notice regarding the placement of a measure on the November 2024 ballot will be published pursuant to the timeline prescribed by the Elections Code.

ATTACHMENTS:

1. Proposed Resolution – Ordering the Submission to Electors

2. Proposed Resolution – Setting Priorities for Filing Arguments

3. Proposed Resolution – Consolidation with the County

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE, CALIFORNIA CALLING FOR THE

PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT
FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN

ORDINANCE TO ENACT A GENERAL TRANSACTIONS AND USE
TAX (SALES TAX) AT THE RATE OF ONE CENT (1¢)
WHEREAS, the City of Arroyo Grande (“City”) is authorized to levy a Transactions and Use Tax (“sales tax”) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, section 2 of the California Constitution (“Proposition 218”); and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, the City Council would like to submit to the voters at the November 5, 2024 General Municipal Election a measure establishing the rate of the sales tax of one cent (1¢) on the sale and/or use of all tangible personal property sold at retail in the City until it is repealed by voters, as more specifically set forth in the attached proposed ordinance adding Chapter 3.26 to the City’s Municipal Code; and
WHEREAS, the one cent (1¢) sales tax is a general tax, the revenue of which will be placed in the City’s general fund and will be used to pay for general City services; and
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and
WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIIIC, section 2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, the next regularly scheduled general election at which City Council members will be elected is November 5, 2024; and

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Arroyo Grande City CouncilMay 28, 2024

Arroyo Grande City Council
May 28, 2024