Agenda packet — Arroyo Grande City Council, August 13, 2024 (part 1 of 2)

CITY COUNCIL MEETING

AGENDA SUMMARY

Tuesday, August 13, 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) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case
Letter dated June 19, 2024 from Paul Beard II of the law firm Pierson Ferdinand

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

1. CALL TO ORDER

2. ROLL CALL

3. MOMENT OF REFLECTION

4. FLAG SALUTE

5. AGENDA REVIEW

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

August 13, 2024
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case
Letter dated June 19, 2024 from Paul Beard II of the law firm Pierson Ferdinand

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 Introduction of New Employee - Human Resources Officer Ashley Garcia

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

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

7. CITY COUNCIL REPORTS
None.

Reports are made during the Second Council Meeting each month.

8. COMMUNITY COMMENTS AND SUGGESTIONS
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.

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• It may be the desire of the Council to place your issue or matter on a future Council agenda.

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

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 Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action.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

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

Review and ratify the attached listing of cash disbursements for the period of July 1 through July 15, 2024.

9.b Statement of Investment Deposits for June 2024
(VALENTINE)
Recommended Action:

Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of June 30, 2024, as required by Government Code Section 53646(b).

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

Approve the minutes of the Regular City Council Meeting of July 23, 2024, as submitted.

9.d Appointment of a Voting Delegate for the League of California Cities Annual Conference (MATSON)
Recommended Action:

Appoint Mayor Pro Tem Guthrie as the voting delegate for the League of California Cities Annual Conference and authorize submittal by the City of the League of California Cities’ Voting Delegate/Alternate Form.

9.e Policy Designating the City Seal, City Logo, and Police Badge as Official Symbols of the City
(MATSON)
Recommended Action:
1) Adopt a Resolution designating the City Seal, City Logo, and Police Badge as official symbols of the City of Arroyo Grande; and
2) Find that adopting the Resolution is not a project subject to the California Environmental

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Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

9.f Updates to the City Council Handbook
(DOWNING)
Recommended Action:
1) Adopt a Resolution approving the updated City Council Handbook; and 2) Find that adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.)

9.g Resolution Approving a Grant Agreement with the California Highway Patrol and Approve a Budget Adjustment
(MARTINEZ)
Recommended Action:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Highway Patrol to help address ongoing traffic safety concerns and appropriate the funding for the activities;
2) Approve a Budget Amendment Request for FY 2024-25 in the amount of $155,600 to account for the additional revenue and expenditures related to the grant, including the purchase of a DUI Trailer totaling approximately $60,000 and a DUI Patrol Truck and outfitting totaling $80,000; and
3) Find that adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself 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.)

9.h Community Development Block Grant (CDBG) Funding Reallocation (ROBESON)
Recommended Action:
1) Adopt a Resolution authorizing the City Manager to reallocate CDBG money previously assigned to various City projects, to the Curb Ramp and Sidewalk Improvement Element associated with the 2024 Pavement Maintenance Project. This CDBG money will be applied to costs associated with the addition and replacement of curb ramps to meet Americans with Disabilities Act (ADA) standards; and
2) Find that this item is not a project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.)

9.i Accept the 2022 Slurry Seal Project, PW 2022-06
(ROBESON)

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Recommended Action:
1) Accept improvements as constructed by American Asphalt South, Inc. in accordance with the plans and specifications for the 2022 Slurry Seal Project, PW 2022-06; 2) Direct staff to file a Notice of Completion; and
3) Authorize release of retention thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed.

9.j Accept the Swinging Bridge Retrofit Project, PW 2021-06 (ROBESON)
Recommended Action:
1) Accept improvements as constructed by Cushman Contracting Corporation, in accordance with the plans and specifications for the Swinging Bridge Retrofit Project, PW 2021-06;
2) Direct staff to file a Notice of Completion; and
3) Authorize release of retention thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed.

10. PUBLIC HEARINGS

10.a Development Code Amendments to Implement Housing Element Programs and Finding that this Action is Not a Project Under the California Environmental Quality Act Pursuant to State Guidelines Section 15061
(PEDROTTI)
Recommended Action:

Introduce and conduct the first reading by title only, waiving further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Arroyo Grande Adding Section 16.52.270 Relating to Implementation of AB 1397 and Amending Chapter 16.82 of the Arroyo Grande Municipal Code Relating to State Density Bonus Law and Finding the Ordinance Exempt from the California Environmental Quality Act.”

11. OLD BUSINESS

11.a Adoption of a Vision Statement and Guiding Principles for the Comprehensive General Plan Update and Finding this Action is Not a Project Under the California Environmental Quality Act
(PEDROTTI)
Recommended Action:
1) Adopt a vision statement and guiding principles for the General Plan Update; and 2) Find this action is not a project under the California Environmental Quality Act (CEQA) Section 15061(b).

12. NEW BUSINESS
None.

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

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may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Council Member.

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

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

City Council Meetings are 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 9.a.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Cash Disbursement Ratification
DATE: August 13, 2024
RECOMMENDATION:

Review and ratify the attached listing of cash disbursements for the period of July 1 through July 15, 2024.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is a $3,024,251.87 fiscal impact for the period of July 1 through July 15, 2024, that includes the following items:
 Accounts Payable Checks $2,547,507.43
 Payroll & Benefit Checks $476,744.44
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 review 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 and FY 2024-25 budgets.

ALTERNATIVES:

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

1. Approve staff’s recommendation;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

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Item 9.a.

City Council
Cash Disbursement Ratification
August 13, 2024

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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. July 1 through July 15, 2024 – Accounts Payable Check Register

2. July 12, 2024 – Payroll & Benefit Check Register

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City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:070224 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 116275 FRANCISCO J RUIZ
301631 P 07/02/24 100.40.4424.5353. SERVICES-EVENTS 2,200.00 114350 LYNN MUSIC
301632 P 07/02/24 100.40.4424.5353. SERVICES-EVENTS 1,800.00 115010 UNFINISHED BUSINESS
301633 P 07/02/24 100.40.4424.5353. SERVICES-EVENTS 1,250.00 REPORT TOTALS 5,250.00

COUNT AMOUNT
TOTAL PRINTED CHECKS 3 5,250.00
ATTACHMENT 1

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City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 115009 ADEPT EVENTS LLC
301637 P 07/10/24 100.40.4421.5504. PUBLIC RELATIONS 2,190.00 301638 P 07/10/24 100.40.4421.5504. PUBLIC RELATIONS 1,095.00

103307 AFLAC INSURANCE
301639 P 07/10/24 110.00.0000.2126. SUPPLEMENTAL INSURANCE 678.92

105978 ALLIANT INSURANCE SERVICES INC
301640 P 07/10/24 100.10.4145.5580. SURETY BONDS 1,591.00

114672 AMAZON CAPITAL SERVICES
301641 P 07/10/24 100.00.0000.1111. ACCOUNTS RECEIVABLE - FCFA 642.60 301641 P 07/10/24 100.10.4120.5201. SUPPLIES-OFFICE 98.26 301641 P 07/10/24 100.10.4140.5303. CONTRACTUAL SERVICES 3,601.80 301641 P 07/10/24 100.10.4140.5602. MAINTENANCE-OFFICE EQUIPME 108.86 301641 P 07/10/24 100.10.4140.5702. DATA PROCESSING EQUIPMENT 4,716.39 301641 P 07/10/24 100.10.4145.5508. MISCELLANEOUS EXPENSE 13.73 301641 P 07/10/24 100.50.4307.5702. DATA PROCESSING EQUIPMENT 667.55

106226 APPLIED TECHNOLOGY GROUP INC
301642 P 07/10/24 100.30.4204.5606. MAINTENANCE-RADIO COMM. 167.92

100719 ARROYO GRANDE POLICE ASSN
301643 P 07/10/24 110.00.0000.2116. POLICE ASSOCIATION DUES 2,631.10

106607 AT&T
301644 P 07/10/24 100.10.4145.5403. TELECOMMUNICATIONS 27.56

107492 BATTERY SYSTEMS
301646 P 07/10/24 100.30.4203.5601. MAINTENANCE-VEHICLES 489.41

113890 BOONE PRINTING & GRAPHICS INC
301647 P 07/10/24 100.10.4102.5255. SPECIAL DEPARTMENT SUPPLIE 416.81 301647 P 07/10/24 100.30.4201.5201. SUPPLIES-OFFICE 496.89 301647 P 07/10/24 100.30.4203.5255. SPECIAL DEPARTMENT SUPPLIE 397.48

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City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 301647 P 07/10/24 100.50.4307.5201. SUPPLIES-OFFICE 63.41

115888 BOWLING, KENDRA
301648 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 777.00

100090 BRISCO MILL & LUMBER YARD
301649 P 07/10/24 100.50.4320.5605. MAINTENANCE-GROUNDS 64.63

104149 BUNYON BROS TREE SERVICE
301650 P 07/10/24 100.50.4320.5303. CONTRACTUAL SERVICES 3,600.00

100095 BURKE AND PACE OF AG, INC
301651 P 07/10/24 220.60.4303.5273. SMALL TOOLS 136.93

100110 CA ST DEPT OF CORRECTIONS
301652 P 07/10/24 220.60.4303.5303. CONTRACTUAL SERVICES 3,697.92

103775 CALIFORNIA JPIA
301653 P 07/10/24 100.00.0000.1111. ACCOUNTS RECEIVABLE - FCFA 228,228.00 301653 P 07/10/24 100.10.4145.5141. WORKERS COMPENSATION 649,572.00 301653 P 07/10/24 100.10.4145.5576. LIABILITY INSURANCE-JPA SH 752,518.00 301653 P 07/10/24 100.10.4145.5579. PROPERTY INSURANCE 100,323.00

108558 CAME SECURITY ALARMS
301654 P 07/10/24 100.30.4201.5303. CONTRACTUAL SERVICES 1,002.00

115641 CANTRELL, SARAH
301655 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 290.00

100603 CARQUEST AUTO PARTS
301656 P 07/10/24 100.30.4203.5601. MAINTENANCE-VEHICLES 6.43 301656 P 07/10/24 100.30.4204.5601. MAINTENANCE-VEHICLES 53.99

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City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION

114621 CENTRAL COAST ILLUMINATIONS
301657 P 07/10/24 100.50.4320.5303. CONTRACTUAL SERVICES 725.00

113129 CHARTER COMMUNICATIONS
301658 P 07/10/24 100.50.4307.5303. CONTRACTUAL SERVICES 122.76

102223 CIO SOLUTIONS LP
301659 P 07/10/24 100.10.4140.5303. CONTRACTUAL SERVICES 218.75 301659 P 07/10/24 100.10.4140.5602. MAINTENANCE-OFFICE EQUIPME 5,071.54

115077 CLEARGOV INC
301660 P 07/10/24 100.10.4140.5303. CONTRACTUAL SERVICES 25,000.00

115466 CONSOR NORTH AMERICA INC
301661 P 07/10/24 350.50.5620.7501. DESIGN & SURVEY 8,276.12

100113 CPCA - CA POLICE CHIEFS ASSN
301662 P 07/10/24 100.30.4201.5503. MEMBERSHIPS & SUBSCRIPTION 462.00

109431 CUDDY, GAYLE
301663 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 168.00

116000 CUSHMAN CONTRACTING COMPANY
301664 P 07/10/24 350.50.5620.7001. CONSTRUCTION 208,540.20

115535 DASCALOS, ZOE
301665 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 106.75

102608 DLT SOLUTIONS, LLC
301666 P 07/10/24 100.10.4140.5303. CONTRACTUAL SERVICES 2,563.80

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City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION

110047 DOHERTY, STEPHEN
301667 P 07/10/24 100.30.4201.5502. TUITION & REIMBURSEMENT 2,000.00

103557 ESRI
301668 P 07/10/24 100.10.4140.5303. CONTRACTUAL SERVICES 1,970.00

109525 FIGUEROA'S TIRES
301669 P 07/10/24 100.30.4203.5601. MAINTENANCE-VEHICLES 140.00

113533 FIVE CITIES DUPLICATE BRIDGE
301670 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 899.50

106135 FIVE CITIES PROF. FIREFIGHTERS
301714 T 07/10/24 110.00.0000.2115. FIRE EMPLOYEE DUES 3,400.00

100726 ICMA RETIREMENT CORP, PLAN ID 302419
301715 T 07/10/24 110.00.0000.2117. DEFERRED COMPENSATION 17,931.14

100208 JB DEWAR, INC
301671 P 07/10/24 100.30.4203.5608. GAS & OIL 15.82

111528 JTS INC
301672 P 07/10/24 100.50.4320.5303. CONTRACTUAL SERVICES 4,900.00 301672 P 07/10/24 100.50.4320.5605. MAINTENANCE-GROUNDS 289.58

115534 KELLER, KAYLYN
301673 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 106.75

116104 KSBY
301674 P 07/10/24 100.40.4424.5353. SERVICES-EVENTS 2,500.00

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City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION

116276 LORENCZ, LARISSA
301675 P 07/10/24 100.40.4424.5352. SERVICES-LEAGUES 112.00

100393 LUCIA MAR UNIFIED SCHOOL DIST
301676 P 07/10/24 100.40.4424.5257. SUPPLIES-SPORTS LEAGUES 2,188.50

100429 MINER'S ACE HARDWARE, INC
301677 P 07/10/24 100.50.4320.5255. SPECIAL DEPARTMENT SUPPLIE 268.19 301677 P 07/10/24 100.50.4308.5604. MAINTENANCE-BUILDINGS 361.30 301677 P 07/10/24 220.60.4303.5613. MAINTENANCE-STREETS & BRID 140.68 301677 P 07/10/24 350.50.5477.7001. CONSTRUCTION 699.28 TOTAL FOR 301677 1,469.45
301678 P 07/10/24 100.50.4320.5255. SPECIAL DEPARTMENT SUPPLIE 1.71 301678 P 07/10/24 100.50.4320.5605. MAINTENANCE-GROUNDS 13.99

114042 NELSON, NICCOLA
301679 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 364.80

114380 NETFILE INC
301680 P 07/10/24 100.10.4002.5303. CONTRACTUAL SERVICES 3,570.00

100466 NOBLE SAW, INC
301681 P 07/10/24 220.60.4303.5273. SMALL TOOLS 91.42

113509 OFFICE1
301682 P 07/10/24 100.30.4204.5602. MAINTENANCE-OFFICE EQUIPME 110.38

999999 ONE TIME PAY
301683 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 169.00 301684 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 260.00 301685 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 160.00 301686 P 07/10/24 226.50.4306.5554. REBATES 1,350.00

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City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION

104158 PHOENIX GROUP
301687 P 07/10/24 100.30.4204.5303. CONTRACTUAL SERVICES 200.00

113093 RAINSCAPE
301688 P 07/10/24 216.50.4560.5303. CONTRACTUAL SERVICES 484.37 301688 P 07/10/24 219.50.4560.5304. PROFESSIONAL SERVICES 1,201.41

113013 RALPH, JACKIE
301689 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 350.00

113127 ROBERT HALF
301690 P 07/10/24 100.10.4120.5303. CONTRACTUAL SERVICES 3,458.00

100732 S.E.I.U. LOCAL 620
301716 T 07/10/24 110.00.0000.2118. S.E.I.U. EMPLOYEE DUES 1,580.36

100575 SANTA MARIA TIRE, INC
301691 P 07/10/24 100.30.4203.5601. MAINTENANCE-VEHICLES 1,598.20

114416 SEDEEK, NATACHA
301692 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 179.00

115696 SIRIUS COMPUTER SOLUTIONS LLC
301693 P 07/10/24 100.10.4140.5303. CONTRACTUAL SERVICES 4,129.50

111308 SITEONE LANDSCAPE SUPPLY LLC
301694 P 07/10/24 100.50.4320.5255. SPECIAL DEPARTMENT SUPPLIE 175.03 301694 P 07/10/24 100.50.4320.5274. CHEMICAL SUPPLIES 126.27 301694 P 07/10/24 100.50.4330.5605. MAINTENANCE-GROUNDS 615.20

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City of Arroyo Grande

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Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

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INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 110979 SLOACTTC
301695 P 07/10/24 100.10.4145.5503. MEMBERSHIPS & SUBSCRIPTION 14,031.58

115067 SMITH, SHAUN
301696 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 169.00

100605 SOCALGAS
301697 P 07/10/24 100.10.4145.5403. TELECOMMUNICATIONS 66.54

115665 SORIANO, ZACHARY
301698 P 07/10/24 100.40.4424.5352. SERVICES-LEAGUES 160.00

113174 TCA TOOLS INC
301699 P 07/10/24 100.50.4305.5273. SMALL TOOLS 116.37

108042 TOM'S AUTO SERVICE
301700 P 07/10/24 100.50.4301.5601. MAINTENANCE-VEHICLES 408.51

116278 TOTAL COMMUNICATION SOLUTIONS
301701 P 07/10/24 100.10.4140.5303. CONTRACTUAL SERVICES 815.24

111796 TRAFFIC MANAGEMENT PRODUCTS
301702 P 07/10/24 220.60.4303.5613. MAINTENANCE-STREETS & BRID 374.51

110017 TRANSUNION RISK
301703 P 07/10/24 100.30.4204.5303. CONTRACTUAL SERVICES 75.00

105134 UK INT'L SOCCER CAMPS INC
301704 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 1,853.57

106551 UNITED STAFFING ASSOC.

Page 16 of 218 ends

City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

Page 9 ends

INV GROUP:071024 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 301705 P 07/10/24 100.50.4320.5303. CONTRACTUAL SERVICES 1,131.34

109403 US BANK OF CALIFORNIA
301717 T 07/10/24 110.00.0000.2107. PARS RETIREMENT 714.36

111852 VATSA, SHEFALI
301706 P 07/10/24 100.00.4000.4605. SPEC.INT.CLASSES 40.00

116281 VENIA, MICHAEL
301707 P 07/10/24 100.40.4424.5353. SERVICES-EVENTS 800.00

102137 VERIZON WIRELESS
301708 P 07/10/24 100.30.4201.5403. TELECOMMUNICATIONS 1,348.70

114446 VITAL RECORDS CONTROL
301709 P 07/10/24 100.30.4201.5303. CONTRACTUAL SERVICES 117.35

107599 WATER SYSTEMS CONSULTING INC
301710 P 07/10/24 640.50.4710.5303. CONTRACTUAL SERVICES 4,055.19

102609 WATERBOYS PLUMBING
301711 P 07/10/24 100.50.4308.5303. CONTRACTUAL SERVICES 1,010.00

106578 WHITE CAP CONST. SUPPLY
301712 P 07/10/24 220.60.4303.5273. SMALL TOOLS 435.56

113459 YOUTH EVOLUTION BASKETBALL
301713 P 07/10/24 100.40.4424.5351. SERVICES-CLASSES 1,301.30

REPORT TOTALS 2,098,755.01

Page 17 of 218 ends

City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

Page 10 ends

INV GROUP:071124 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION

COUNT AMOUNT
TOTAL PRINTED CHECKS 76 2,075,129.15
TOTAL EFT TRANSFERS 4 23,625.86

Page 18 of 218 ends

City of Arroyo Grande

PAID INVOICES REPORT
Report generated: 07/26/2024 12:01
User: lhorejsi
Program ID: appdwarr

Page 11 ends

INV GROUP:071124 TO FISCAL 2024/01 07/01/2024 TO 07/15/2024

VENDOR NAME CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 116176 A MICHAEL LEMOS & DEBORAH JP LEMOS
301718 P 07/11/24 350.50.5679.7303. LAND ACQUISITION 4,356.00

108821 CORRAL, JEFF
301719 P 07/11/24 100.30.4203.5501. TRAVEL/CONFERENCE/TRAINING 900.00

REPORT TOTALS 5,256.00

COUNT AMOUNT
TOTAL PRINTED CHECKS 2 5,256.00

Page 19 of 218 ends

Page 20 of 218 ends

Page 21 of 218 ends

General Fund 422,389.83 5101 Salaries Full time 242,887.28 Streets Fund 15,734.97 5101 Volunteer Employee Retirement - Sewer Fund 12,834.16 5102 Salaries Part-Time - PPT 7,982.52 Water Fund 25,785.48 5103 Salaries Part-Time - TPT 7,927.26 476,744.44 5105 Salaries OverTime 28,213.30
5106 Salaries Strike Team OT -
5107 Salaries Standby 2,046.70
5108 Holiday Pay 30,377.72
5109 Sick Pay (206.59)
Administrative Services 213.96 5110 Annual Leave Buyback - Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback -
Police 25,854.81 5113 Vacation Pay 15,161.16
Public Works - Maintenance 1,309.82 5114 Comp Pay 3,090.48 Public Works - Enterprise 834.71 5115 Annual Leave Pay 8,013.10 Recreation - Administration - 5116 Salaries - Police FTO 332.82 Recreation - Special Events - 5121 PERS Retirement 39,418.11 Children In Motion - 5122 Social Security 25,636.46
28,213.30 5123 PARS Retirement 228.42
5126 State Disability Ins. 3,609.69
5127 Deferred Compensation 741.66
5131 Health Insurance 53,675.39
5132 Dental Insurance 2,951.98
5133 Vision Insurance 785.24
5134 Life Insurance 383.61
5135 Long Term Disability 872.04
5137 Leave Payouts 218.90
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 887.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 162.19
5150 Bi-Lingual Pay 175.00
5151 Cell Phone Allowance 1,172.50
476,744.44
OVERTIME BY DEPARTMENT:

CITY OF ARROYO GRANDE

DEPARTMENTAL LABOR DISTRIBUTION

PAY PERIOD
06/21/24 - 07/04/2024
7/12/2024

BY FUND BY ACCOUNT
ATTACHMENT 2

Page 22 of 218 ends

Item 9.b.

MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director BY: Lynda Horejsi, Accounting Manager
SUBJECT: Statement of Investment Deposits for June 2024 DATE: August 13, 2024
RECOMMENDATION:

Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of June 30, 2024, as required by Government Code Section 53646(b).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no funding impact to the City related to these reports. However, the City does receive interest revenue based on the interest rate of the investments. Little to no future staff time is projected.

BACKGROUND:

The Administrative Services department has historically submitted to the City Council a monthly report, providing the following information:

1. Type of investment.

2. Financial institution (bank, savings and loan, broker, etc).

3. Date of maturity.

4. Principal amount.

5. Rate of interest.

6. Current market value for all securities having a maturity of more than 12 months.

7. Relationship of the monthly report to the annual statement of investment policy.

ANALYSIS OF ISSUES:

This report represents the City’s investments as of June 30, 2024, and includes all investments managed by the City. As of June 30, 2024, the investment portfolio was in compliance with all State laws and the City’s investment policy.

Page 23 of 218 ends

Item 9.b.

City Council
Statement of Investment Deposits for June 2024
August 13, 2024

Page 2 ends

ALTERNATIVES:

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

1. Approve staff’s recommendation to receive and file the attached report listing the investment deposits;

2. Do not approve staff’s recommendation; or

3. Provide other direction to staff.

ADVANTAGES:

Safety of principal is the foremost objective of the City. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

DISADVANTAGES:

Some level of risk is present in any investment transaction. Losses could be incurred due to market price changes, technical cash flow complications such as the need to withdraw a non-negotiable Time Certificate of Deposit early, or even the default of an issuer. To minimize such risks, diversifications of the investment portfolio by institution and by investment instruments are being used as much as is practical and prudent.

ENVIRONMENTAL REVIEW:

The Statement of Investment Deposits is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (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. Portfolio Summary: June 30, 2024

Page 24 of 218 ends

ATTACHMENT 1
300 E. Branch St.

Arroyo Grande, CA 93420
Phone: (805) 473-5400

CITY OF ARROYO GRANDE
Portfolio Summary
June 30, 2024
Investments Principal Value Current Market Value Interest Rate Date of Purchase Term Maturity Date % of Portfolio Local Agency Investment Fund $ 8,927,466.63 8,927,466.63 $ 4.332% 27.452% Certificates of Deposit
Pacific Premier Bank 249,000.00 249,000.00 4.880% February 21, 2024 12 mos February 21, 2025 0.766% BMW Bank North America 249,000.00 249,000.00 0.500% July 16, 2021 36 mos July 16, 2024 0.766% Mountain America Federal Credit Union 249,000.00 249,000.00 4.750% October 14, 2022 24 mos October 15, 2024 0.766% Enerbank USA 247,000.00 247,000.00 1.850% October 25, 2019 60 mos October 25, 2024 0.760% Wells Fargo Bank 249,000.00 249,000.00 4.600% October 28, 2022 24 mos October 28, 2024 0.766% Beal Bk Plano TX 247,000.00 247,000.00 1.350% March 26, 2022 36 mos March 26, 2025 0.760% Beal Bk Las Vegas NV 247,000.00 247,000.00 1.250% March 26, 2022 36 mos March 26, 2025 0.760% First Technology Federal 248,000.00 248,000.00 5.000% April 14, 2023 24 mos April 14, 2025 0.763% Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 0.754% American Express National Bank 246,000.00 246,000.00 3.100% May 25, 2022 36 mos May 25, 2025 0.757% New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 0.766% Chief Financial Federal Credit Union 249,000.00 249,000.00 4.600% October 12, 2022 36 mos October 14, 2025 0.766% Live Oak Bank 249,000.00 249,000.00 3.150% May 25, 2022 48 mos May 26, 2026 0.766% UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.766% Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.763% Chartway Federal Credit Union 248,000.00 248,000.00 5.250% July 28, 2023 60 mos July 28, 2026 0.763% California Credit Union Glendale 243,000.00 243,000.00 5.450% October 26, 2023 36 mos October 26, 2026 0.747% Alliant Credit Union 248,000.00 248,000.00 5.500% November 15, 2023 36 mos November 16, 2026 0.763% Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.766% Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.763% Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.757% United Teletech Financial Credit Union 248,000.00 248,000.00 3.500% November 8, 2023 53 mos April 1, 2028 0.763% Morgan Stanley Bank 244,000.00 244,000.00 4.650% April 6, 2023 60 mos April 6, 2028 0.751% Maine Savings Federal Credit Union 249,000.00 249,000.00 4.800% July 21, 2023 60 mos July 21, 2028 0.766% Bank Hapoalim BM New York 244,000.00 244,000.00 4.600% May 21, 2024 60 mos May 21, 2029 0.751% Morgan Stanley Private Bank 244,000.00 244,000.00 4.650% May 22, 2024 60 mos May 22, 2029 0.751% Total Certificates of Deposit 6,431,000.00 6,431,000.00 19.786% Agency Bonds
Federal Home Loan Bank 499,252.43 514,215.27 1.000% July 19, 2022 29 mos December 20, 2024 1.536% Federal Farm Credit Bank 998,431.00 968,507.24 0.430% March 17, 2021 48 mos March 3, 2025 3.071% Federal Natl Mortgage Assn 1,000,000.00 943,542.46 0.500% October 20, 2020 60 mos October 20, 2025 3.076% Federal Home Loan Bank 999,500.00 930,619.97 0.800% March 17, 2021 60 mos March 10, 2026 3.074% Federal Home Loan Bank 994,396.00 940,886.17 2.400% March 17, 2021 72 mos March 29, 2027 3.059% Federal Home Loan Bank 500,000.00 482,353.13 3.375% May 17, 2022 60 mos May 17, 2027 1.538% Federal Agriculture Mortgage Corp 2,029,036.00 2,023,230.54 4.320% May 17, 2024 60 mos April 26, 2029 6.241% Total Agency Bonds 6,803,354.78 7,020,615.43 21.595% Page 25 of 218 ATTACHMENT 1
300 E. Branch St.

Arroyo Grande, CA 93420
Phone: (805) 473-5400

CITY OF ARROYO GRANDE
Portfolio Summary
June 30, 2024
Investments Principal Value Current Market Value Interest Rate Date of Purchase Term Maturity Date % of Portfolio Municipal Bonds
California State GO Various Purp Bond 491,810.00 $ 479,535.00 $ 3.100% May 12, 2022 47 mos April 1, 2026 1.513% California State Taxable GO Unlimited 1,256,116.00 1,282,942.80 3.500% November 1, 2023 53 mos April 1, 2028 3.864% Total Municipal Bonds 1,762,477.80 1,747,926.00 5.377%
Treasury Obligations
U.S. Treasury 182 -Day Bill 2,440,702.50 2,480,076.83 5.200% March 4, 2024 5 mos August 22, 2024 7.507% U.S. Treasury 182 -Day Bill 2,469,247.50 2,480,076.83 5.200% May 28, 2024 3 mos August 22, 2024 7.595% U.S. Treasury BL-2024 Series 2,489,952.50 2,491,918.95 4.500% March 4, 2024 9 mos November 30, 2024 7.659% U.S. Treasury Z-2026 Series 984,728.00 927,109.38 1.100% December 6, 2021 53 mos May 31, 2026 3.029% Total Treasury Obligations 8,379,181.99 8,384,630.50 25.790% TOTAL INVESTMENTS $ 32,303,481.20 32,511,638.56 $ 100.000%

Page 26 of 218 ends

1 Item 9.c.

ACTION MINUTES

REGULAR MEETING OF THE CITY COUNCIL
July 23, 2024, 6:00 p.m.

Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Ray Russom, Mayor Pro Tem Guthrie, Council Member George
Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, City Manager Matthew Downing,
Assistant City Manager/Public Works Director
Bill Robeson, City Engineer Shannon
Sweeney
This meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________

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

2. ROLL CALL
City Clerk Matson took roll call. Council Members Barneich and Secrest were absent.

3. MOMENT OF REFLECTION

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

5. AGENDA REVIEW

5.a Closed Session Announcements
July 16, 2024 City Council Special Meeting
a) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957:

Title: City Manager
City Attorney Rosen announced that there was no reportable action.

5.b Ordinances read in title only
None.

Page 27 of 218 ends

2 Item 9.c.

6. SPECIAL PRESENTATIONS

6.a Vandenberg Space Force Presentation
Colonel Shoemaker presented regarding Vandenberg Space Force Base activities and responded to questions from Council.

Colonel Shoemaker provided information related to Item 9.i.

6.b Central Coast Community Energy Presentation
Judi Young, Central Coast Community Energy, presented the annual report and responded to questions from Council.

6.c City Manager Communications
City Manager Downing provided information regarding the Five Cities Fire Authority and Police Department recruitments; Five Cities Fire Open House during Fire Prevention Week; Parks Make Life Better Month and activities; Bark in the Park event; Summer Concert series; Police Department hosting regional Active Shooter Training in July and August at the Arroyo Grande High School; and Nomination period for the 2024 Municipal Election.

Council Member George commented on Recreation Services, Fire and Police activity.

7. CITY COUNCIL REPORTS
The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative.

7.a MAYOR RAY RUSSOM:

1. California Joint Powers Insurance Authority (CJPIA)

2. Five Cities Fire Authority

3. San Luis Obispo County Mayor's Meeting

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

5. Other

7.b MAYOR PRO TEM GUTHRIE:

1. County Water Resources Advisory Committee (WRAC)

2. Council of Governments/Regional Transit Authority/ South County Transit (SLOCOG/SLORTA/SCT)

3. Integrated Waste Management Authority Board (IWMA)

4. REACH Economic Development Roundtable

5. Central Coast Community Energy Board

7.c COUNCIL MEMBER GEORGE:

1. Five Cities Fire Authority

Page 28 of 218 ends

3 Item 9.c.

2. Visit SLO CAL Advisory Board

3. Other

8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Gaea Powell, Patty Welsh, Garry Schmidt, Tim Cline, Alexandria Davis, Ethel Landers. No further comments were received.

City Council directed staff to follow-up with Mr. Cline and Ms. Welsh.

City Attorney Rosen responded to questions from the public and Council. City Manager Downing responded to questions from Council.

Mayor Pro Tem Guthrie addressed the public comment regarding his vote for the City's ballot measure.

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

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

Mayor Pro Tem Guthrie commented on Item 9.h.

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

AYES (3): Council Member George, Mayor Pro Tem Guthrie, and Mayor Ray Russom ABSENT (2): Council Member Barneich, and Council Member Secrest Passed (3 to 0)

9.a Cash Disbursement Ratification
Reviewed and ratified the attached listing of cash disbursements for the period of June 1 through June 30, 2024.

9.b Statement of Investment Deposits for May 2024
Received and filed the report listing investment deposits of the City of Arroyo Grande as of May 31, 2024, as required by Government Code Section 53646(b).

9.c Opting into Settlement Agreements with Distributors of Opioids; Kroger National Opioid Settlement
1) Opted into settlement agreement with opioid distributor, Kroger Co., and directed the City Manager to execute any documents necessary to implement the action; and 2) Made findings that adopting the Resolution opting-into the settlement agreements is not a project subject to the California Environmental Quality Act (“CEQA”) because the adoption in

Page 29 of 218 ends

4 Item 9.c.
itself 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.)

9.d Approval of Minutes
Approved the minutes of the Regular City Council Meetings of June 11, 2024 and June 25, 2024, and the Special City Council Meeting of July 16, 2024, as submitted.

9.e Memorandum of Understanding with the San Luis Obispo County Regional Special Weapons and Tactics Team
1) Adopted a Resolution entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A

MEMORANDUM OF UNDERSTANDING TO PARTICIPATE IN THE SAN LUIS OBISPO COUNTY REGIONAL SPECIAL WEAPONS AND TACTICS TEAM"; and
2) Found that approving the Memorandum of Understanding 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.)

9.f Modified Resolutions Directing the Levy of the Annual Assessments for the Parkside Village and Grace Lane Assessment Districts and the Arroyo Grande Landscaping and Lighting Assessment District No. 1, Within Tract 1769, for Fiscal Year 2024-25 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DIRECTING THE LEVY of the ANNUAL ASSESSMENTS RELATED TO

THE PARKSIDE VILLAGE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE SECTIONS 22500 ET.

SEQ.) FOR FISCAL YEAR 2024-2025";
2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DIRECTING THE LEVY of the ANNUAL ASSESSMENTS RELATED TO

THE GRACE LANE ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2024-2025"; and
3) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE Directing the LEVY of the ANNUAL ASSESSMENTS RELATED TO THE ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2024- 2025".

9.g Approval of a Two-Year Extension to On-Call Consultant Services Agreements in Sixteen Disciplines for Support to the Community Development and Public Works Departments 1) Authorized the City Manager to extend agreements for two years between the City and 41 consultants currently on the City’s on-call list for consultant services for the Community Development and Public Works Departments, subject to minor modifications determined to be necessary and appropriate by the City Attorney; and

Page 30 of 218 ends

5 Item 9.c.
2) Made findings that executing extension letters with consultants with whom the City already has active on-call contracts 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.)

9.h Monthly Water Supply and Demand Update
Received and filed the Monthly Water Supply and Demand Update.

9.i Letter of Support of SpaceX Operations at Vandenberg Space Force Base on Behalf of the City of Arroyo Grande
Authorized the Mayor to execute a letter of support of SpaceX operations at Vandenberg Space Force Base on behalf of the City of Arroyo Grande.

10. PUBLIC HEARINGS
None.

11. OLD BUSINESS
None.

12. NEW BUSINESS
None.

13. COUNCIL COMMUNICATIONS
None.

14. CLOSED SESSION
None.

15. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:25 p.m.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk

Page 31 of 218 ends

Item 9.d.

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk BY: Julie Hawkins, Deputy City Clerk/Communications Coordinator SUBJECT: Appointment of a Voting Delegate for the League of California Cities Annual Conference
DATE: August 13, 2024
RECOMMENDATION:

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The cost for a Member City delegate to attend the League of California Cities Annual Conference is included in the FY 2024-25 City Council Training budget. No additional costs are associated with the appointment of a voting delegate for the Annual Conference.

BACKGROUND:

This year’s League of California Cities (League) Annual Conference is scheduled to take place October 16-18, 2024. One important activity of the Conference is the annual General Assembly meeting, to be held on Friday, October 18, when the membership acts on Conference Resolutions. Annual Conference Resolutions guide the League and its members in their efforts to improve the quality, responsiveness, and vitality of local government in California. League bylaws state, “Each Member City may, with the approval of the city council, designate a city official as the city’s designated voting delegate…”
ANALYSIS OF ISSUES:

Designated voting delegates registered to attend the Annual Conference constitute the League’s General Assembly. As of the production of this report, Mayor Pro Tem Guthrie is the City of Arroyo Grande representative registered to attend the Conference. The deadline to submit policy resolutions to the Annual Conference is August 16, 2024. The resolution must have the concurrence of at least five additional member cities or individual members. No policy resolutions have been submitted for consideration. Petitioned

Page 32 of 218 ends

Item 9.d.

City Council
Appointment of a Voting Delegate for the League of California Cities Annual Conference
August 13, 2024

Page 2 ends

resolutions may still be introduced during the conference, and if qualified, considered by the General Assembly.

ALTERNATIVES:

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

1. Appoint Mayor Pro Tem Guthrie as the voting delegate for the League of California Cities Annual Conference; or

2. Provide other direction to staff.

ADVANTAGES:

Participation in the General Assembly enables the City to have an impact on issues that are important to city government and that guide the League’s activities, assists the League in its efforts by ensuring its direction is representative of all member cities, and helps the City to obtain support for Resolutions that may be proposed by the City or may be important to the City in the future.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item.

PUBLIC NOTIFICATION AND COMMENTS:

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

ATTACHMENTS:

1. League of California Cities Memorandum Regarding Voting Delegates and Alternates

Page 33 of 218 ends

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
ATTACHMENT 1

Page 34 of 218 ends

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

Page 35 of 218 ends

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Page 36 of 218 ends

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 37 of 218 Item 9.e.

MEMORANDUM
TO: City Council
FROM: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Policy Designating the City Seal, City Logo, and Police Badge as Official Symbols of the City
DATE: August 13, 2024
RECOMMENDATION:
1) Adopt a Resolution designating the City Seal, City Logo, and Police Badge as official symbols of the City of Arroyo Grande; and
2) Find that adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no financial impact to adopting the Resolution.

BACKGROUND:

The City Seal, City Logo, and Police Badge have always been viewed as the official symbols of the City of Arroyo Grande. However, the City of Arroyo Grande has not formally designated the City Seal, City Logo, and Police Badge as official symbols. From time to time, requests are made to allow the use of the City Logo for various community purposes. The lack of a formal policy may lead to misuse or unauthorized use of these symbols, which could mislead the public or misconstrue the authority and jurisdiction they represent.

ANALYSIS OF ISSUES:

The City Seal is defined as the current or any prior versions of the seal, or any graphic representation that closely resembles the seal and includes the City's name. The current City Seal is shown in Attachment 1, Exhibit A.

The City Logo is defined as the official logo displayed on City documents, stationery, uniforms, and monument signs. The current City Logo is shown in Attachment 1, Exhibit B.

Page 38 of 218 ends

Item 9.e.

City Council
Policy Designating the City Seal, City Logo, and Police Badge as Official Symbols of the City
August 13, 2024

Page 2 ends

The Police Badge is defined as the distinctive device worn by members of the Arroyo Grande Police Department, identifying them as officers of the department. The current Police Badge is shown in Attachment 1, Exhibit C.

The proposed Resolution (Attachment 1) for the designation and use of the City Seal, City Logo, and Police Badge as official symbols of the City of Arroyo Grande aims to provide a policy with clear guidelines and standards for the use of these symbols to maintain their integrity and prevent unauthorized usage.

The proposed Resolution prohibits unauthorized reproduction, manufacture, display, or use of the City Seal, City Logo, Police Badge, or any similar design unless approved for official City business, City-sponsored events or publications, or City-endorsed events or publications.

By adopting the Resolution, the City Manager is authorized to implement administrative policies and procedures regarding the use of the City Seal, City Logo, and Police Badge, to enforce the Resolution through penalties for violations, and safeguard the integrity and authority of the City Seal, City Logo, and Police Badge. The purpose of this Resolution is to ensure that these symbols are used appropriately and only in contexts that uphold their significance.

ALTERNATIVES:

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

1. Adopt the Resolution designating the City Seal, City Logo, and Police Badge as official symbols of the City;

2. Modify and adopt the Resolution designating the City Seal, City Logo, and Police Badge as official symbols of the City; or

3. Provide other direction to staff.

ADVANTAGES:

The City Council's approval of this policy will provide clear guidance for the proper use of these symbols and prevent potential misuse.

DISADVANTAGES:

There are no disadvantages to adopting the Resolution designating the Seal, Logo, and Badge as official symbols of the City.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item as it is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)

Page 39 of 218 ends

Item 9.e.

City Council
Policy Designating the City Seal, City Logo, and Police Badge as Official Symbols of the City
August 13, 2024

Page 3 ends

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

Page 40 of 218 ends

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DESIGNATING THE CITY SEAL, CITY

LOGO, AND POLICE BADGE AS OFFICIAL SYMBOLS OF THE

CITY OF ARROYO GRANDE
WHEREAS, the City of Arroyo Grande does not currently have a policy specifically designating the City Seal, City Logo, and Police Badge as official symbols; and WHEREAS, the City Council desires to establish a City Seal, City Logo, and Police Badge use policy that provides guidance and standards for use of the symbols; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that:

SECTION 1: The City Council finds and declares as follows:

A. It is in the public interest to establish a policy guiding the appearance of the City Seal and distinctive devices, including badges, incorporating the City Seal. The City Seal is a symbol of the authority and jurisdiction of the City, and as such, is a valuable asset of the City and its citizens;
B. The City Seal should only be used when conducting official City business as unauthorized use of the City Seal may mislead the public; and C. The most appropriate method of implementing such a policy is to adopt this resolution and authorize the City Manager to implement the provisions specified within this resolution.

SECTION 2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this resolution:

A. “City Seal” means the current Seal, any and all prior versions of the City’s Seal, or any graphic representation that simulates, approximates or resembles the City’s Seal and contains the City’s name. The image of the City Seal is substantially the same as the form shown in Exhibit A and incorporated by this reference.

B. “City Logo” means the official logo of the City of Arroyo Grande that is displayed on City documents, stationary, uniforms, and monument signs, the image of which is substantially the same as shown on Exhibit B and incorporated by this reference.

Page 41 of 218 ends

RESOLUTION NO.

PAGE 2
C. “Police Badge” means the distinctive device worn as a sign of membership in and authority of the Arroyo Grande Police Department. The Police Badge identifies the wearer as an Arroyo Grande Police Officer. The image of the Police Badge is substantially the same as the form shown on Exhibit C, and incorporated by this reference.

SECTION 3: City Seal, City Logo, and Police Badge Designated Official Symbols.

A. The City Seal is designated the official seal of the City of Arroyo Grande.

B. The City Logo is designated the official logo of the City of Arroyo Grande.

C. The Police Badge is designated the official badge of the Arroyo Grande Police Department.

SECTION 4: Alteration of City Seal, City Logo, and Police Badge.

A. The City Seal, City Logo, and Police Badge cannot be altered unless such alterations are approved by resolution of the City Council.

SECTION 5: Prohibition. No person can make, reproduce, manufacture, display or use the City Seal or City Logo or Police Badge, or their design, or any design so closely resembling the same as to deceive or be reasonably mistaken for the City Seal or City Logo, for any purpose other than for official City business, a City-sponsored event or publication, or a City-endorsed event or publication, without the approval of the City Council.

SECTION 6: Authorization. The City Manager or their designee is broadly authorized to promulgate administrative policies and procedures to implement the purpose and direction set forth in this Resolution that the City Seal, City Logo, and Police Badge be used only for official and authorized purposes.

SECTION 7: This Resolution will become effective immediately upon adoption and will remain effective unless superseded or repealed.

SECTION 8: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.

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 13th day of August, 2024.

Page 42 of 218 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 43 of 218 ends

RESOLUTION NO.

PAGE 4

EXHIBIT A

CITY SEAL

Page 44 of 218 ends

RESOLUTION NO.

PAGE 5

EXHIBIT B

CITY LOGO

Page 45 of 218 ends

RESOLUTION NO.

PAGE 6

EXHIBIT C

POLICE BADGE

Page 46 of 218 ends

Item 9.f.

MEMORANDUM
TO: City Council
FROM: Matthew Downing, City Manager
BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Updates to the City Council Handbook
DATE: August 13, 2024
RECOMMENDATION:
1) Adopt a Resolution approving the updated City Council Handbook; and 2) Find that adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no fiscal impact from this action.

BACKGROUND:

On December 9, 1997, the City Council adopted a Policy/Procedure for Conducting City Council Business. Due to a number of policies being adopted by various City Council Resolutions, these policies were then compiled into a City Council Operations Manual.

On October 24, 2017, the City Council directed staff to develop a more comprehensive and organized document that would combine the City Council’s existing policies with other relevant statutory requirements and regulations governing the responsibilities of the City Council. On April 10, 2018, the City Council adopted a City Council Handbook.

On October 25, 2022, the City Council adopted the updated City Council Handbook incorporating Council-adopted policies which had occurred since the 2018 adoption.

Council had expressed interest in reviewing the Handbook for necessary updates ahead of a Municipal Election season.

ANALYSIS OF ISSUES:

The City Council Handbook ("Handbook") is intended to serve as an introduction for future

Page 47 of 218 ends

Item 9.f.

City Council
Updates to the City Council Handbook
August 13, 2024

Page 2 ends

Council Members unfamiliar with the operations of the City, serve as a resource guide and compilation of agreed upon operational practices for Council Members throughout their terms, and provide clarity for the public regarding those operational practices.

Staff has reviewed the current Handbook and has identified the need for substantive updates, language clean-up, as well as additional content that reflects Council-adopted policies that occurred since the current Handbook was adopted in 2022.

Substantive items that have been added to the Handbook include the following:

Organizational Chart
The City of Arroyo Grande Organizational Chart was updated in Section 1.2 to reflect service changes in various departments. Additionally, Exhibit A – Expanded Description of City Departments, has been updated to reflect service changes within various departments.

Workplace Violence Prevention Plan
The City established a Workplace Violence Prevention Plan in compliance with Labor Code Section 6401.9. Section 3.7 has been added to reflect this new Plan.

Agenda Order
The Agenda order in Section 4.5 has been updated to assist with meeting efficiency.

Public Comment
Sections 4.7 and 4.8 have been added to provide guidelines for the public’s participation in public meetings including written and oral public comment as well as the use of visual aids during public comment. This section also provides guidelines for applicants, applicant representatives, or appellants who desire to speak at a meeting.

Ad Hoc Committees
Section 5.1 has been added to provide guidelines for the creation of limited term, limited scope committees comprised of less than a quorum of the Council to serve as an advisory committee of the City Council.

City Commissions, Committees, and Boards
Section 5.3 regarding appointments has been updated to reflect the changes to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board.

Updates to the list of Appointment of Council Members to Various Local and Regional Boards, Commissions, and Committees
Section 5.6 has been updated to remove Boards, Commissions, or Committees that are no longer active and to reflect changes to the Five Cities Fire Authority (FCFA) Joint Powers Authority (JPA) Board.

Page 48 of 218 ends

Item 9.f.

City Council
Updates to the City Council Handbook
August 13, 2024

Page 3 ends

Use of City Seal, City Logo, and Police Badge
On August 13, 2024, City Council is anticipated to adopt a Resolution designating the City Seal, City Logo, and Police Badge as official symbols of the City of Arroyo Grande.

Section 6.4 has been updated to include the policy.

Staff recommends adoption of the Resolution approving the updated City Council Handbook (Attachment 1). The Handbook will be maintained on file in the City Clerk's Office, distributed to all Council Members and the City's Executive Team, made available to the public during business hours, and posted on the City website.

ALTERNATIVES:

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

1. Adopt a Resolution approving the updated City Council Handbook;

2. Modify the Handbook and Adopt a Resolution approving the City Council Handbook;

3. Direct that specific changes or additions be made to the Handbook and return to Council at a future date for consideration and approval; or

4. Provide other direction to staff.

ADVANTAGES:

Approving the updated Handbook will provide a comprehensive document that includes updated policies, procedures, and guidelines that will serve as a reference document for the City Council, staff and the public.

DISADVANTAGES:

No disadvantages have been identified.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item. Adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) 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

Page 49 of 218 ends

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING THE CITY COUNCIL

HANDBOOK UPDATE
WHEREAS, in 1997, the City Council adopted by Resolution a Policy/Procedure for Conducting City Council Business, which has been reviewed from time to time and amended as appropriate; and
WHEREAS, since that time, the City Council has adopted various Resolutions creating additional policies and guidelines, all of which are compiled into the City Council Operations Manual; and
WHEREAS, at its meeting on October 24, 2017, the City Council directed staff to develop a comprehensive City Council Handbook and appointed a City Council Subcommittee to work with staff in the development of the Handbook; and WHEREAS, at its meeting on April 10, 2018, the City Council adopted a Resolution approving a City Council Handbook to include the City Council’s existing policies and other relevant statutory requirements and regulations governing the responsibilities of the City Council; and
WHEREAS, at its meeting on October 24, 2022, the City Council adopted a Resolution approving a City Council Handbook update; and
WHEREAS, staff has reviewed the Handbook and identified the need for some substantive updates, clean-up language as well as content that reflects City Counciladopted policies and direction that occurred since the adoption of the 2022 Handbook; and
WHEREAS, the City of Arroyo Grande City Council Handbook provides a summary of relevant statutory requirements, regulations, policies and procedures governing responsibilities of the City Council that will serve as a reference document for the City Council, serve as an introduction for future Council Members unfamiliar with the operations of the City of Arroyo Grande; and enable the City Council to effectively compile, maintain, and implement operational practices that are agreed upon.

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

1. The updated City Council Handbook is hereby approved as set forth in Exhibit A, attached hereto and incorporated herein by this reference in substantially final form.

Page 50 of 218 ends

RESOLUTION NO.

PAGE 2

2. The City Council Handbook may be amended administratively by the City Clerk's Office to the extent necessary to remain current with Federal, State, and local law, and effectuate specific direction of the City Council.

3. The City Manager is hereby authorized and directed to place copies of the City Council Handbook in suitable places, including on the City website, for the guidance of the public.

4. Adoption of the City Council Handbook hereby supersedes any previous version of the Handbook.

5. This Resolution shall take effect immediately upon its adoption.

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

AYES:

NOES:

ABSENT:

The foregoing Resolution was approved this 13th day of August, 2024.

Page 51 of 218 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 52 of 218 ends

City of Arroyo Grande
City Council Handbook

Adopted by the City Council:

August 13, 2024

EXHIBIT A

Page 53 of 218 ends

Resolution No.

THIS PAGE LEFT INTENTIONALLY BLANK

Page 54 of 218 ends

TABLE OF CONTENTS

1. INTRODUCTION ...............................................................................................6

1.1 General Law City ........................................................................................6

1.2 City Organization Chart...............................................................................7

1.3 Arroyo Grande Municipal Code (AGMC) .........................................................7

1.4 City of Arroyo Grande Administrative Policy Manual ........................................7

1.5 Diversity, Equity, Inclusion and Justice..........................................................8

2. COUNCIL ORGANIZATION & DUTIES ................................................................8

2.1 City Council Districts...................................................................................8

2.2 Newly-Elected Members ..............................................................................8

2.3 Appointment of Mayor Pro Tem ....................................................................8

2.4 Meeting Duties of Mayor and Mayor Pro Tem..................................................9

2.5 Seating Order ............................................................................................9

2.6 Signing of City Documents...........................................................................9

2.7 Representation at Ceremonial Functions ........................................................9

2.8 Issuance of Proclamations, Commendations, Special Recognition .....................9

2.9 Annual Events.......................................................................................... 10

3. COUNCIL ADMINISTRATION ..........................................................................10

3.1 Salaries and Benefits ................................................................................ 10

3.2 Travel and Expense Reimbursements .......................................................... 10

3.3 Appointment of City Manager and City Attorney ........................................... 10

3.4 City Council/City Manager Mutual Expectations ............................................ 11

3.5 Ethics Policy ............................................................................................ 13

3.6 Sexual Harassment Prevention Training and Education.................................. 13

3.7 Workplace Violence Prevention Plan…………………………………………………………………….13

3.8 The Brown Act ......................................................................................... 13

3.9 Political Reform Act................................................................................... 14

4. CONDUCTING CITY COUNCIL BUSINESS ........................................................15

4.1 Meetings ................................................................................................. 16

4.2 Attendance / Quorum ............................................................................... 16

4.3 Best Practices of Civility and Civil Discourse................................................. 17

4.4 Agendas.................................................................................................. 17

4.5 Agenda Order .......................................................................................... 18

Page 55 of 218 ends

4.6 Meeting Procedures .................................................................................. 18

4.7 Public Comment (Written and Oral) …………………………………………………………………….19

4.8 Public Use of Visual Aids at Council Meetings ............................................... 20

4.9 Council Member Requests and Questions................................................... 211

4.10 Disturbance of City Council Meetings .......................................................... 22

4.11 Council Action Items ................................................................................. 22

4.12 Process for City Council Appeal of Planning Commission Decisions .................. 23

4.13 Televised and Webstreamed Meeting Coverage ............................................ 24

4.14 Flag Display Policy.................................................................................. 244

5. COMMISSIONS/COMMITTEES/BOARDS..........................................................24

5.1 Ad Hoc Committees (“Ad Hocs”) ................................................................. 26

5.2 City Commissions, Committees and Boards (“Standing Committees”) ............. 26

5.3 Appointment............................................................................................ 26

5.4 Removal.................................................................................................. 27

5.5 City of Arroyo Grande Commissioners Handbook .......................................... 27

5.6 Appointment of Council Members to Various Local and Regional Boards, Commissions and Committees.................................................................... 28

5.7 Criteria and Process for Council Representatives Seeking Council Direction or Input on Items Being Considered by Regional or Local Boards and Committees 28

5.8 Appointment of Primary Voting Delegate and Alternate to National League of Cities and/or League of California Cities Annual Conferences ................................... 29

6. COMMUNICATIONS ........................................................................................29

6.1 General Communication ............................................................................ 29

6.2 Processing and Delivering of City Council Mail .............................................. 30

6.3 Written Correspondence ............................................................................ 30

6.4 Use of City Seal, City Logo, and Police Badge............................................... 31

6.5 Speaking Engagements ............................................................................. 31

6.6 Media Relations........................................................................................ 31

6.7 City Council Protocol Regarding Communications with Project Applicants ......... 31

6.8 Access to Communications/Technology Systems........................................... 32

6.9 Electronic Communications Prohibited During Meetings ................................. 32

6.10 Electronic Communications Using City-Issued and Personal Devices................ 33

6.11 Communications with Staff ........................................................................ 34

6.12 Complaints Regarding Performance of Staff ................................................. 34

6.13 Citizen Inquiries ....................................................................................... 34

6.14 Handling of Litigation/Confidential Information............................................. 34

Page 56 of 218 ends

6.15 Legislative Communications at the Request of City Affiliated Organizations ...... 35 APPENDIX: Reference Table of Amendments ........................................................... 36 EXHIBIT A: Expanded Description of City Departments ............................................. 37 EXHIBIT B: Travel Policy ....................................................................................... 40 EXHIBIT C: Ethical Standards Policy ....................................................................... 49 EXHIBIT D: Conflict of Interest Code ...................................................................... 53 EXHIBIT E: Best Practices of Civility and Civility Discourse ........................................ 56 EXHIBIT F: Display of Flags Policy.......................................................................... 59 EXHIBIT G: Diversity, Equity, Inclusion and Justice Policy ......................................... 65 EXHIBIT H: City Council Districts ........................................................................... 70 EXHIBIT I: Use of City Seal, City Logo, and Police Badge Policy ................................. 76

Page 57 of 218 ends

CITY COUNCIL HANDBOOK
PAGE 6

1. INTRODUCTION
The City Council Handbook includes policies and procedures approved by the City Council regarding City Council activities. The objectives of the Manual are to:
a) Serve as a reference document for the City Council;
b) Provide comprehensive orientation information for new City Council Members; and
c) Enable the City Council to effectively compile and maintain operational practices that are agreed upon.

The guidelines and protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

The policies shall be amended by a majority vote of the City Council and may be amended administratively by the City Clerk’s Office in order to remain current with federal, state, and local law.

A. General Law City
Arroyo Grande was incorporated as a city on July 10, 1911. Arroyo Grande is a general law city and the City Council is the governing body. The City Council is vested with all the regulatory and corporate powers of a municipal corporation provided for by state law governing general law cities.

Certain state laws and other established regulations exist, which govern various responsibilities of the City Council. This manual is not intended to duplicate, fully articulate all requirements, or repeal any existing statutes or regulations. City Council Members are responsible for becoming familiar with these statutes and regulations.

Page 58 of 218 ends

CITY COUNCIL HANDBOOK
PAGE 7
B. City Organization Chart
C. Arroyo Grande Municipal Code (AGMC)
Since the City of Arroyo Grande is a General Law City, as opposed to a Charter City, its City Council must act within the framework of limitations and procedures established by State Law. Local laws are established by Ordinance and are compiled in the AGMC. The Municipal Code sets forth the regulatory, penal and administrative laws of general application to the City.

These laws are enforceable by the City, and violations thereof can constitute a misdemeanor or an infraction. Other directives and policies of the City Council are recorded in Council Ordinances, Resolutions or by minute action of the Council.

D. City of Arroyo Grande Administrative Policy Manual
The Administrative Policy Manual consolidates all administrative policies and procedures of a general or inter-departmental nature into one City document. Administrative regulations meet the following criteria: 1) are directed toward an ongoing City process or procedure; 2) are limited to one major subject area; and 3) are applicable to more than one City department. Administrative regulations are issued from the City Manager’s Office. Certain administrative policies that pertain to City Council Members are included as Exhibits to this Manual and/or will be provided to members at the time of assuming office.

Page 59 of 218 ends

CITY COUNCIL HANDBOOK
PAGE 8
E. Diversity, Equity, Inclusion, and Justice
It is the mission of the City to make Arroyo Grande the best place possible for everyone who lives, works and visits Arroyo Grande. The City Council adopted Resolution 5142 adopting a Diversity, Equity, Inclusion, and Justice Policy as a commitment to support diversity, equity, inclusion, and justice in all facets of society and to model and implement the objectives within the community and City organization (Exhibit G).

2. COUNCIL ORGANIZATION & DUTIES

2.1 City Council Districts
On April 12, 2022, the City Council adopted Ordinance 713 establishing a bydistrict election system and created four (4) district boundaries (Exhibit H).

By 2024, each Councilmember will be elected by voters within their district boundary for a four-year term. The Mayor continues to be elected at-large for a two-year term.

The City Council wishes to remain united in its service to the community and will govern on an at-large basis, considering the needs and interests of the entire community. Professional management of the City will continue to be a Council-Manager form of government under the policy leadership of the City Council as a governing body. City resources will be allocated to address priorities and needs on a citywide basis with a budget adopted by the City Council as a governing body.

As customer service is a priority, any Council Member will help any member of the community who contacts them. Current practices regarding invitations of City Council Members to events and activities and appointments to committees and various bodies will remain in effect.

2.2 Newly-Elected Members
Newly-elected Council Members are sworn into office generally at a regular meeting in December following a regular municipal election.

Immediately upon election (even before being sworn into office), newlyelected Council Members are subject to the provisions of the Brown Act.

A reception is traditionally held immediately following the reorganization meeting.

2.3 Appointment of Mayor Pro Tem
The City Council appoints a Council Member as Mayor Pro Tem to serve the duties of Mayor in his/her absence.

The Mayor Pro Tem shall serve a term of one year.

The appointment of the Mayor Pro Tem takes place at the first meeting in December of each year.

It is the City Council’s policy to rotate appointment of the Mayor Pro Tem based upon the seniority of City Council Members that have not yet served in the position of Mayor Pro Tem. City Council Members become eligible to serve as Mayor Pro Tem after serving on the City Council for a period of one year.

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If two Members of the City Council have the same seniority, the order of rotation will be based upon time served on a City Council appointed Commission and/or Committee prior to being elected to the City Council.

2.4 Meeting Duties of Mayor and Mayor Pro Tem
The Mayor shall preside at the meetings of the Council. If he/she is absent or unable to act, the Mayor Pro Tem shall serve until the Mayor returns or is able to act.

In the absence of the Mayor and Mayor Pro Tem, the City Clerk shall call the Council to order, whereupon a temporary Chairperson shall be elected by the members of the Council present.

2.5 Seating Order
Following the Council reorganization, the City Clerk shall designate the seating order for the Council dais. The Mayor Pro Tem shall sit to the Mayor’s left.

2.6 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts/agreements and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign such documents. In the event the Mayor is unavailable or has a conflict of interest, the Mayor Pro Tem’s signature may be used.

2.7 Representation at Ceremonial Functions
The Mayor shall represent the Council at ceremonial functions. The Mayor may, at his/her own discretion, ask the Mayor Pro Tem or another Council Member to represent the Council at the function. Voluntary attendance at ceremonial functions by Council Members is encouraged.

2.8 Issuance of Proclamations, Commendations, Special Recognition PROCLAMATIONS AND COMMENDATIONS: All requests for proclamations are subject to the review and approval of the City Manager or his/her designee, or Mayor. Proclamations and commendations are signed by the Mayor, and are prepared in response to the type of recognition requested (which may include recognition of individuals, groups, and events of significance to the Arroyo Grande community). Proclamations and commendations may be presented at a City Council meeting or at an outside event or meeting.

Typically, requests are honored for presentation at a Council meeting only if a local representative from the requesting party can appear to accept the proclamation or certificate.

IN MEMORY OF: A meeting may be adjourned in memory of an individual at the direction of the Mayor or a member of the City Council if the Council Member submits a request to the Mayor or to the City Clerk ahead of the meeting. The announcement will be made at adjournment of the meeting.

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2.9 Annual Events
There are a number of Annual Events that the Mayor and Council Members may attend or participate in, including but not limited to the following:
a. City of Arroyo Grande Volunteer Recognition Dinner
b. South County Chambers of Commerce Annual Installation Dinner c. League of California Cities New Mayors and Council Members Academy d. Tip-A-Cop Dinner/Fundraiser for Special Olympics
e. League of California Cities Annual Conference
f. League of California Cities Channel Counties Dinners g. Harvest Festival Parade
h. Village Holiday Parade
i. Arroyo Grande Police Department Santa Cop Program
j. Annual Employee Recognition and Awards Luncheon

3. COUNCIL ADMINISTRATION

3.1 Salaries and Benefits
AGMC Chapter 2.04 sets forth that Council compensation is established by City Council Resolution. Currently, the Mayor receives a monthly salary of $798.00, and City Council Members receive a monthly salary of $648.00. The City contributes an amount equivalent to that received by management employees towards the Mayor and Council Member’s participation in medical, dental and vision insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. If the Mayor and Council Members elect to opt out of medical, dental and vision, that individual will not receive the opt out amount.

3.2 Travel and Expense Reimbursements
The Council shall establish in the biennial budget funding for conferences, meetings, training, and representation at ceremonial functions. Council Members shall attend these functions at his/her own discretion for purposes of improving comprehension of and proficiency in municipal affairs and/or legislative operations.

The expenses of spouses who accompany public officials in the conduct of their public duties cannot be reimbursed [75 Cal. Op. Att’y. Gen. 20 (1992)].

Council Members shall be subject to the City’s Administrative Policy and Procedures for travel and expense reimbursement. Council Members shall make an oral report on the meeting or conference during Council Communications as appropriate (EXHIBIT B).

3.3 Appointment of City Manager and City Attorney
The City Manager shall be appointed by the City Council solely on the basis of his/her executive and administrative qualifications (AGMC Section

2.08.020). The powers and duties of the City Manager are set forth in AGMC Section 2.08.070. The City Council shall conduct an annual evaluation for the City Manager in closed session.

The City Attorney shall be appointed by the City Council and shall serve as legal counsel to the City government and all officers, departments, boards,

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commissions, and agencies thereof. The powers and duties of the City Attorney are prescribed by State law. The City Council shall conduct an annual evaluation for the City Attorney in closed session.

In the event a Council Member has issues with, or is concerned about the performance of either the City Manager or City Attorney, or the City Manager or City Attorney has concerns or issues regarding his or her relationship with or treatment by a Council Member, he or she should pursue the following steps in seeking to resolve the issue:
a. The issues or concerns should be communicated in an appropriate way, so that the City Manager, City Attorney, or the Council Member is clearly aware of them and can respond constructively in an effort to resolve the matter.
b. If the matter is not resolved, request that a closed session be scheduled to discuss the personnel matter consistent with the Brown Act. At the closed session, the City Council and affected individual should seek to resolve the issue or concern, and as appropriate, obtain a clear consensus on the expectations for the individual and/or Council Member and communicate those expectations clearly.
c. Depending on the issues or concerns and the circumstances, the City Council may also consider appointing an ad hoc committee to review the matter, meet with the individual, and report back on its recommendations in a follow up closed session. The City Council may also consider retaining a facilitator to meet with the parties to the conflict, to seek solutions to the concerns or issues that have been identified.

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

Expectation of City Manager
a. Promote a high level of customer service to be provided by the organization.
b. Clearly communicate to the City Council the operational impacts of policy decisions and direction.
c. Deal with the City Council, staff and community in an up front and honest manner at all times.
d. Be responsive to Council direction and needs and keep Council members informed of key issues, activities and follow-up to requests. Take necessary steps to avoid surprises for Council in public.

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e. Provide information equally to all Council members.
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.
h. Be fully committed to successfully implementing City Council’s decisions, whether or not they are consistent with staff’s recommendations.
i. Involve the community in planning activities regarding issues impacting the public and make every effort to develop a consensus on issues in which there are differing viewpoints.
j. Demonstrate and insist from all staff the highest level of ethics and integrity.
k. Be an active and visible member of the community.
l. Be an effective problem solver.
m. Provide strong leadership in the organization, but also promote participation and responsibility on the part of the executive staff in accomplishing the City’s goals.
n. Promote professional development of staff in the organization. o. Be accessible.

Expectations of the City Council
a. Recognize that the City Council gives direction only as a convened body.

Share opinions and views, but refrain from providing direction without the participation of the full Council. Do not individually attempt to influence the decisions or recommendations of staff.
b. Conclude discussions requiring staff follow-up or action with specific direction agreed upon by the City Council.
c. Make an effort to let staff know concerns and questions prior to public meetings so staff can be prepared as best possible. Questions regarding agenda items should be submitted to the City Manager by noon on the Monday prior to a Tuesday Council meeting.
d. Share in staff’s commitment to the highest ethical standards and avoid any appearances of impropriety.
e. Direct questions or requests for information to the City Manager or Department Directors only. Make requests that will require staff to prepare information to the City Manager. Non-emergency
communications to the City Manager or Department Directors should be made during regular business hours to the extent reasonably possible.

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f. Treat staff in a respectful manner at all times. Recognize good work by staff. Communicate any concerns involving staff to the City Manager.

Refrain from criticizing staff in public.
g. Prevent disagreements with each other, the City Manager or staff from becoming personal. Commit to and support teambuilding efforts when necessary and appropriate.
h. Provide feedback on an ongoing basis.
i. In addition to ongoing communications, meet individually with the City Manager at least monthly for Council members and twice a month for the Mayor.
j. Seek and provide honesty, directness and openness.
k. Immediately communicate to the City Manager any items that are perceived not to be handled in accord with these expectations. l. Respect staff’s impartiality involving elections and campaign activities.

3.5 Ethics Policy
City Council Resolution No. 3951, adopted by the Arroyo Grande City Council on September 12, 2006, established an Ethics Policy for City Employees, Elected Officials and Appointed Officials. The City Council has adopted this code of ethics and values to promote and maintain the highest standards of personal professional conduct in the City’s government. Ethics training shall be required for all elected officials within one year of assuming office, and every two years thereafter, as required by State law. (Exhibit C)

3.6 Sexual Harassment Prevention Training and Education State law requires that elected officials who receive any type of compensation, salary, or stipend from a local agency receive at least two hours of sexual harassment prevention training and education within the first six months of taking office, and every two years thereafter (Government Code Sections 53237-53237.5).

3.7 Workplace Violence Prevention Plan
The City established a Workplace Violence Prevention Plan in compliance with Labor Code section 6401.9 to outline procedures to handle and respond to reports of workplace violence, inspections to correct workplace violence hazards, emergency response protocols and employee training on the plan.

Members of the City Council will be included in annual training to understand job-specific violence hazards and preventative measures.

3.8 The Brown Act
The Ralph M. Brown Act is a law which provides that all meetings of a legislative body, whether meetings of the City Council or its appointed advisory bodies, shall be open and public and all persons shall be permitted to attend. Notices of regular meetings must be made 72 hours prior to the meeting. Special meetings may be called by the Mayor or a majority of the

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City Council and must be noticed 24 hours prior to the time of the meeting.

The Open & Public Guide to the Ralph M. Brown Act will be provided to all Council Members upon assuming office.

3.9 Political Reform Act
The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them.

The Political Reform Act establishes regulations regarding conflicts of interests and campaign receipts and expenditures. (Government Code, Title 9, Sections 81000- 91015)
Conflict of Interest - General Provisions of the Law
The Political Reform Act requires state and local government agencies to adopt a Conflict of Interest Code, which shall be reviewed biennially in evennumbered years. The Arroyo Grande City Council adopted Resolution No. 5223 amending the City of Arroyo Grande’s Conflict of Interest Code on September 27, 2022 (Exhibit D).

The Political Reform Act regulates conflicts of interest through disclosure and prohibition of participation in decisions, which constitutes conflicts of interest. Specifically, it requires City Council Members and other public officials to annually disclose all financial interests that may be affected by decisions made in their official capacity; this includes interests such as investments, real property, income, and gifts.

Council Members must disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial effect on any economic interest of the Council Member or certain family members. Government Code Section 87105 states that a Council Member who has a conflict of interest must take the following steps after determining that a conflict of interest exists under the Political Reform Act:
a. Publicly identify the financial interest. This must be done in enough detail for the public to understand the financial interest that creates the conflict of interest. Note: Residential street addresses do not have to be disclosed.
b. Recuse yourself from both the discussion and the vote on the matter.

You must recuse yourself from all proceedings related to the matter. c. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote or any other action.

Exception: According to the FPPC, if the matter is on the consent agenda, you do not have to leave the room.

Exception: Under limited circumstances, if you wish to speak during public comment, you may do so as long as you have complied with the disclosure and recusal requirements, left the dais and the matter you appear on is related solely to your personal interest.

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Government Code Section 1090
Government Code Section 1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by GC §1090 are different from those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all, even if the individual Council Member with the conflict recuses him or herself. In addition, the penalties for violating GC §1090 are severe. If a Council Member believes that he or she may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney and/or the Fair Political Practices Commission.

Gifts
Council Members should carefully consider and monitor “gifts” from any person or organization whether the gift be financial support, loans, event tickets or passes, meals, etc. Many of these gifts may need to be reported and may present a conflict of interest when considering and/or voting on projects or issues related to the person presenting the gift.

Advice
It is critical to note that compliance with the State’s conflict of interest laws is each public official’s personal responsibility. While the City Attorney can render advice on the interpretation of State laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding interpretations and possible immunity from civil or criminal liability on such matters is the Fair Political Practices Commission (FPPC). Council Members or the full Council are encouraged to solicit opinions on such matters directly from the FPPC.

It is also important to keep in mind that the City Attorney represents the City and City Council as a whole and not individual Council Members.

FPPC Filing Requirements
Elected officials file a Statement of Economic Interest (Form 700) to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions within 30 days of assuming office; annually by April 1st covering the previous calendar year or from the last filing period, as required; and within 30 days of leaving office. Certain City advisory body members and designated City employees are also subject to this disclosure requirement.

Form 460/470 – Campaign Disclosure Statements (Form 460 or 470) are filed annually in July; or semi-annually in January and July as required by the FPPC.

4. CONDUCTING CITY COUNCIL BUSINESS
The following guidelines are to assist the City Council in the conduct of City business and are procedural only. Failure to strictly observe such procedures shall not affect the jurisdiction of the Council nor invalidate any action taken at a meeting that is otherwise held in conformance with the law.

Except as otherwise provided for in this Handbook, any special rule adopted by the City Council, or as otherwise provided by state statute, the procedures of the City Council meetings shall be governed by the latest revised edition of “Sturgis Standard

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Code of Parliamentary Procedure”, as modified by Council practices. The City Attorney is designated as the parliamentarian for City Council meetings. The City Manager shall preside as the parliamentarian in the City Attorney’s absence.

4.1 Meetings
City Council Meetings
The City Council shall meet in regular session on the second and fourth Tuesday of each month.

Business at regular sessions shall be conducted from 6:00 PM to 11:00 PM only, unless extended by unanimous consent of the City Council Members present.

A special meeting may be called at any time by the presiding officer (Mayor) or by a majority of the City Council.

The Council may adjourn any regular, or special meeting, to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Brown Act.

A regular meeting may be cancelled by a majority vote of the Council.

Historically, it has been the Council’s policy to cancel the first regular meeting in July so the City Council and staff can coordinate vacation time during the summer months. In addition, the City Council generally cancels the second regular meeting in December due to the holidays and related City office closures.

The order of business for the City Council shall be as arranged by the City Manager, except for matters set at a specific time by the Council.

4.2 Attendance / Quorum
Council Members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable. Council Members will notify the City Manager or City Clerk if they will be absent from a meeting.

Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three appear at a regular meeting, the Mayor, Mayor Pro Tem in the absence of the Mayor, any Council Member in the absence of the Mayor and Mayor Pro Tem, or in the absence of all Council Members, the City Clerk, or his/her designee, shall adjourn the meeting to a stated day and hour or cancel the meeting due to the lack of a quorum.

Council Members may attend meetings remotely, in compliance with all applicable Brown Act or other legal requirements, if in-person attendance is not possible due to extenuating circumstances. If attending a meeting remotely, Council Members are responsible for ensuring that they are using reliable teleconferencing or videoconferencing services.

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4.3 Best Practices of Civility and Civil Discourse
In order to ensure civility and civil discourse in all of its meetings, the City Council has pledged its commitment to the best practices of civility and civil discourse. The Arroyo Grande City Council adopted Resolution No. 4872 amending the pledge to reaffirm the importance of civility and civil discourse by including a Regional Code of Civility on June 26, 2018 (Exhibit E). a. To respect the right of all people to hold different opinions in all of our meetings;
b. To avoid rhetoric intended to humiliate, malign, or question the motivation of those whose opinions are different from ours in all our meetings;
c. To strive to understand differing perspectives in all our meetings; d. To choose words carefully in all our meetings;
e. To speak truthfully without accusation, and avoid distortion in all our meetings; and
f. To building a civil political community in which each person is respected and spirited public and political debate is aimed at the betterment of the City of Arroyo Grande and its people and not the disparagement of those with whom we disagree.

The City Council shall promote the use of and adherence to the principles of civility and civil discourse in conducting business with appointed and elected officials, staff, and citizens.

4.4 Agendas
a. Agendas for the Council will be prepared by the City Manager. b. The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Long Term Financial Plan and Budget, Critical Needs Action Plan and also work programs, objectives, and business of the City as established by the City Council. Agenda items may also include, but are not limited to, recommendations to the City Council from advisory bodies, public hearings for land use and zoning actions or appeals, awarding bids, contracts, agreements, and adoption of resolutions and ordinances establishing various City regulations or policies. Agenda items will be within the policy context established by the Council, the scope of existing work programs, and within the jurisdiction of the City.

For items that are of a regional, State, or Federal nature, including but not limited to proposed legislation, the item may be placed on the City Council agenda if it meets any of the following criteria:

1. Items that will result in any direct significant financial impact to the City;

2. Items that involve new regulations, requirements or other impacts that will result in a significant impact to staff workload or adversely impact Arroyo Grande businesses or citizens;

3. Items that will create or increase a fee, tax or other charge unique to Arroyo Grande residents.
c. The electronic City Council agenda packet, including all reports,

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communications, ordinances, resolutions, contracts, documents that are available, or other matters to be considered by the City Council at the regular meeting, will be delivered electronically to members of the City Council no later than 72 hours preceding the Tuesday Council meeting to which the agenda packet pertains. Agenda packets for special meetings will be delivered electronically to members of the City Council no later than 24 hours preceding the date and time set for the special meeting.
d. Agendas shall be posted on a bulletin board, publicly accessible, at City Hall, 300 E. Branch Street, Arroyo Grande, and posted on the City website at www.arroyogrande.org.

4.5 Agenda Order
The order of the Regular Meeting Agenda is generally as follows:

Call to Order
Roll Call
Moment of Reflection
Flag Salute
Agenda Review
Special Presentations and City Manager Communications
City Council Reports (2nd Meeting of Month)
Consent Agenda
Public Hearings
Business Items
Community Comments and Suggestions
Council Communications
Adjournment
As permitted by the Brown Act, the City Council Agenda may include a Closed Session before the regular City Council meeting or at the end of the City Council Agenda.

4.6 Meeting Procedures
a. Council ordinances and resolutions must be reviewed in written form before binding action is taken on same.
b. A Council order applies mainly as a directive to City officers or employees. It need not be in writing, as it generally applies to one specific act only.
c. In the absence or inability of the Mayor and the Mayor Pro Tem to attend a meeting of the City Council, the Members present shall select one Member to temporarily preside.
d. A motion shall not be debated or “put to vote”, unless the same is seconded. When a motion is seconded, if requested, it shall be stated by the Mayor or the City Clerk before debate.
e. Upon a motion having been made and seconded, it shall be deemed to be in possession of the Council, but it may be withdrawn at any time, before decision or amendment, with the assent of a second. f. A Member called to order should relinquish the floor, unless permitted to explain; and the Council, if appealed to, shall decide on the case, but without debate. If there is no appeal, the decision of the Mayor shall be final.
g. Upon demand of any Council Member, or at the discretion of the Mayor,

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the vote shall be by roll call. Votes on all ordinances or resolutions shall be by roll call vote.
h. Tie votes shall be lost motions.
i. Tie votes on the appeal of a Commission/Board/Committee or staff decision sustain the action of the Commission/Board/Committee, or staff.
j. Every Council Member, unless disqualified by reason of a conflict of interest or as otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body.
k. Any Council Member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. l. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention.
m. In order to avoid any attack on the validity of Council hearings, Council Members shall avoid forming final conclusions or making commitments with proponents and opponents during any meetings, conferences, or discussions regarding the merits of the matter or issue before the body, including but not limited to, specific zoning and related land-use proposals, comprehensive planning, and like matters.
n. A motion to reconsider a legislative or quasi-legislative action taken by the Council may be made only at the same meeting at which the action was taken. Quasi-judicial actions shall not be subject to a motion to reconsider.

4.7 Public Comment (Written and Oral)
a. Comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to submit written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before 2 p.m. day-of, at, or during a Council meeting are included in the public record and posted to the City’s website.
b. “Agenda Correspondence,” in general, includes correspondence and other documents from the public, the City Council, and City staff regarding Council agenda items that are received after the agenda packets have been distributed. Agenda Correspondence may take the following form: letters and emails from citizens; memos of clarification or revision from City staff; liaison reports from the City Council; communication items from the City Council; and late release or addedon agenda reports. c. Agenda Correspondence shall be date-stamped. Agenda
Correspondence are distributed by the City Clerk via a Supplemental Memo and made available for public review, if received prior to 2 p.m. on the day-of the meeting.
d. The Mayor will invite comments from the public, including in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period of every regular meeting. e. The following are guidelines for providing oral public comments:
i. Members of the public may address the City Council on items that are not on the printed agenda during the Community Comments and Suggestions portion of the Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker.

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ii. There may only be one person at the podium and using the microphone at a time to speak during the Community Comments and Suggestions portion of the Agenda to ensure that it is clear which speaker is conveying the message and avoid cross-talk.

There is an exception to this rule if an additional person is needed to provide language translation services or if there is an accessibility-related need under the ADA.
iii. For all hybrid (in-person and via teleconference) meetings, those requesting to speak in-person will be called first, then those requesting to speak via teleconference will be called.
iv. Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow up on such items.
v. Individuals desiring to speak on an item on the agenda shall:
i. Address the Council from the podium or via teleconference after giving their name and city of residence. Speakers shall direct their comments to the Council, not the staff or
audience.
ii. Comment on the specific matter before the Council with reasons for the position taken.
iii. Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer with the consensus of Council Members, in their discretion and after all others have spoken, may allow additional brief comment from speakers who have already commented on
the same agenda item. A speaker may not yield their time to another speaker.
iv. Shall avoid personal attacks, abusive language or other disruptive behavior.
vi. Applicants, applicant representatives, or appellants desiring to speak shall:
i. Be permitted to speak first prior to the public comment portion of the public hearing for not more than ten (10) total minutes unless extended by vote of the City Council. ii. Address the Council from the podium or via teleconference after giving their name and address, and/or the name and address of the applicant/appellant they are representing, if applicable.
iii. Following discussion by Council, and prior to a vote on the item, the applicant, applicant representative or appellant will be entitled to a three-minute rebuttal period upon the applicant’s request.
iv. Be permitted to use City audio-visual equipment for their presentation to City Council only if the items are emailed to the City Clerk by 12:00 noon on the day of the meeting so that the items can be scanned for viruses or malware and prepared for viewing in the meeting. Portable storage
devices (i.e. USB, flash drive, etc.) will not be accepted (see section 4.8).
v. After the public comment portion of the public hearing is closed, no member of the public shall be permitted to
address the Council or the staff from the audience, except at the discretion of the Presiding Officer. Staff and invited guests, meaning those invited by Staff or the City Council to speak on an item because of that speaker’s expertise on

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the item, may speak for such length of time and use such materials or visual aids that are necessary for the legislative body to appropriately deliberate the item, determined at the discretion of the Presiding Officer.

4.8 Public Use of Visual Aids at Council Meetings
Applicants, applicant representatives or appellants who desire to utilize electronic visual aids to supplement their oral presentations:
a. Must provide display ready material to the City Clerk by 12:00 noon on the day of the meeting via email.
i. No data provided to the City Clerk later than 12:00 noon on the day of the meeting will be accepted.
ii. Staff may recommend that the presenter produce hard copies of their materials and present the copies to Council during their presentations.
iii. Electronic presentations must be provided in a format that can be read on a standard PC-compatible computer running
Microsoft Windows or Microsoft Office.
iv. Upon receipt, the City Clerk will promptly transmit electronic visual aids to the City’s Information Technology Division for a determination as to whether the material is free of viruses. v. Staff shall preload and queue the electronic visual aid in the City’s media system and display it when the public member is called upon to speak.
vi. Members of the public shall not be permitted to connect equipment, devices, or storage media directly to the City’s computer system during a live Council meeting.
vii. Members of the public shall not be permitted to access the internet from the City’s computer equipment.
viii. Nothing in this Policy is intended to warrant or otherwise guarantee that electronic visual aids will successfully display at a City Council meeting.
ix. Members of the public are urged to have hard copies of their presentations available at the City Council meetings in the event a media system malfunction occurs.
b. Members of the public shall not wear or display signs, placards, banners, hats, costumes or similar items at any time in the Council Chamber or Committee room that obstruct the view of other audience members. In no event shall signs, placards, banners, props or similar items be larger than 8 ½ by 11 inches, be illuminated, or be attached to any pole, stick or other device. This sub-clause only applies to general public comment.

Applicant/appellants may use visual aids as stated in sub-clause a of this section. Staff and invited guests are regulated in the manner provided in Section 4.7 (at the discretion of the Presiding Officer).

4.9 Council Member Requests and Questions
a. Under the Council Communications portion of the meeting agenda, Council Members may ask a question for clarification, make an announcement, or report briefly on his or her activities. Council Members may also 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

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for original consideration on a future agenda requires the concurrence of two other Council Members.
b. Proper action will then be taken by staff.

4.10 Disturbance of City Council Meetings
The following procedure and format will be used by the City Council to address disruptive persons at a Council Meeting:
a. The Presiding Officer shall make the following announcement:
“As the Presiding Officer, I am advising you that your comments have violated the City Council’s rules of procedure for addressing the City Council and you are causing a serious disruption to this meeting. I must ask you to immediately cease the disturbance before further action is necessary. At this time, I am going to recess the meeting for 10 minutes.

We will then reconvene our meeting.”
b. Recess and call for police to be present when meeting reconvenes. c. If the disturbance continues after reconvening the meeting, the Presiding Officer shall make the following announcement:
“As Presiding Officer, since you are continuing this disturbance, I must advise you that the Penal Code provides that every person who, without authority of law, willfully disturbs or breaks up any meeting, not unlawful in its character, is guilty of a misdemeanor. If you do not immediately cease this disturbance, I will request the police to arrest you under Penal Code Section 403.”
d. If the disturbance continues, request the police to come forward to make the arrest. (Government Code Section 54957.95)

4.11 Council Action Items
Staff Reports
Each City Council agenda business item shall have a coordinating staff report prepared by the originating department. Staff reports are written specifically for the purpose of communicating information necessary for policy and decision-making and generally includes a recommended action, impact on financial and personnel resources, background, analysis of issues, alternatives, advantages, disadvantages, environmental review (if applicable), and public notification methods.

Ordinances
Ordinances are the laws of a municipality. An ordinance generally prescribes some permanent rule of conduct or government that remains in force until the ordinance is repealed. Ordinances are required to be read in their entirety at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all Council Members present (this occurs during the meeting under Agenda Review).

Ordinances may only be passed at a regular meeting or at an adjourned regular meeting. Except for urgency ordinances, ordinances may not be passed at a special meeting. Ordinances generally take effect 30 days following the date of adoption. The following Ordinances take effect immediately: Ordinances relating to an election; and urgency ordinances for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and passed by a fourfifths vote of the City Council.

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Resolutions
A Resolution expresses City Council policy or directs certain types of administrative action and may be changed by a subsequent Resolution.

Resolutions are generally effective on the date of adoption.

Agreements/Contracts
Municipal governments enter into contracts for many different types of goods and services. These contracts are usually written agreements that are legally binding upon the parties. Typically, agreements are entered into with the approval of the City Council or, if legally authorized, the City Manager.

Minute Motion
A minute motion or motion is appropriate when: 1) the action is not of a penal nature or intended to be a local law; 2) an ordinance or resolution is not specifically required; or 3) a formal document reflecting the City Council’s action is not necessary. The only record of such action is in the form of minutes taken of the meeting at which the action is taken.

Submitted Materials at Meetings are Public Record
Any written correspondence or other materials, when distributed to all, or a majority of all, of the members of the City Council by any person in connection with a matter subject to discussion or consideration at an open public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay.

Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk.

Minutes
The minutes serve as a permanent record of the City Council’s actions. The City Clerk, or his/her Deputy, shall attend and prepare action minutes of all public meetings of the City Council [Gov’t Code Sections 36814 and 40801 and Resolution No. 4341, adopted February 22, 2011].

Minutes ready for Council approval shall be placed on the regular City Council meeting agenda and included in the Council packet. Minutes of Council meetings are available for review in the City Clerk's Office and online at www.arroyogrande.org.

4.12 Process for City Council Appeal of Planning Commission Decisions Pursuant to Municipal Code Section 1.12.050, the City Council may appeal decisions of the Planning Commission. The following procedure has been established for such appeals:
a. City Council will receive the Planning Commission Agenda the Friday prior to the Planning Commission meeting.
b. The Wednesday following the Planning Commission meeting, staff will distribute to the City Council an annotated copy of the Planning Commission Agenda with the action of the Commission highlighted if any final actions were taken.
c. City Council Members may determine if an appeal is desired after reviewing the annotated Agenda.

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d. Any Council Member that desires to appeal a decision shall contact the City Manager or City Clerk by 2:00 p.m. on Thursday following the Planning Commission meeting to direct that the request be placed on the next City Council Agenda under “Council Communications.” e. In order to proceed with an appeal, the City Council shall adopt a motion to appeal the action of the Planning Commission.
f. If approved by the City Council, the City Clerk will set a date for the hearing within 60 days of the City Council’s decision to appeal the action and notify the affected applicant and Planning Commission.

4.13 Televised and Webstreamed Meeting Coverage
All regular City Council meetings are held in a hybrid in-person and virtual format in the City Council Chambers and online. Meetings are broadcast live and rebroadcast on the City’s government access channel, webstreamed live on the City’s website, and archived online for on-demand viewing. The purpose of televising and webstreaming meetings of the Arroyo Grande City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. a. Council coverage is not to be edited or subjected to editorial comment. b. All regular City Council meetings shall be televised and webstreamed, except for meetings or portions of meetings which are closed to the public, or when the Council or City Manager directs otherwise. c. Cameras used shall be owned by the City and operated only by City employees or persons under contract with the City.
d. Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing.
e. The City Clerk’s minutes shall remain the official record of Council proceedings.
f. To assure timely information for the public, a link to the Council meeting video will be placed on the City’s website as soon as possible.

4.14 Flag Display Policy
City Council adopted a Resolution adopting a Flag Display Policy to provide guidance and standards for the outdoor display of flags at City facilities, including commemorative flags other than the United States flag, the State of California flag, and City flags (Exhibit F). The desire of the Council is to reflect the role of the Arroyo Grande City Hall as an inclusive gathering location and local symbol of government and democracy. Flying of flags on City facilities is a nonpublic forum for the display of the United States flag, the State of California flag, City flags, and any commemorative flag authorized by the City Council.

The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the City Council and another City Council member agrees to place the discussion to authorize such display on the agenda for a regular or special City Council meeting. Four (4) Council Members must agree to display the Commemorative Flag.

5. COMMISSIONS/COMMITTEES/BOARDS
The City Council shall appoint committees as deemed necessary for the proper conduct

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of City business.

No committee or subcommittee shall include in its membership more than two (2) Council Members.

The City Manager, or his/her designee, shall be an ex-officio member of all committees.

The City Clerk will maintain a list of all ad hoc and standing committees, and the list of all such committees will be reviewed annually by Council as an agenda item to determine whether such committees should be dissolved or extended, as the case may be. The list shall include the name of the committee, its purpose, the names of the active members, and in the case of ad hoc committees, the estimated date that it will be dissolved.

5.1 Ad Hoc Committees (“Ad Hocs”)
An ad hoc committee is an advisory committee that is comprised solely of less than a quorum of the Council and is formed for a specific task or objective for a limited period of time. Ad hoc committees should be dissolved after the completion of the task or achievement of the objective. They are not subject to the Brown Act, and are distinct from the City Commissions, Committees and Boards discussed below. An ad hoc committee must be limited to members of the legislative body, and in no instance may be comprised of a quorum of the legislative body. This means that only two Councilmembers may serve on an ad hoc committee.

Those appointed to an ad hoc committee must take care to only discuss the subject matter of the ad hoc only amongst themselves, and with no other members of the legislative body, to avoid creating a quorum or serial meeting issue. City officials and staff must treat those members of the ad hoc appropriately, meaning that if the Planning Commission creates an ad hoc discussing the same subject matter as an ad hoc formed by the City Council, those two bodies cannot work together and report back to the same legislative body. For example, a Council-formed ad hoc must report back only to the City Council, and a Planning Commission-formed ad hoc must report back only to the Planning Commission. Failure to follow this protocol could cause the ad hocs to be treated as a City Commission, Committee, or Board (“Standing Committee”), discussed in the subsequent Section 5.2. Those bodies are subject to the Brown Act’s requirements.

Ad hoc committees may be proposed by motion of a Councilmember, which is seconded and receives a majority vote in favor. The motion must identify a specific task or objective of the ad hoc committee and the two members of the proposed ad hoc.

The ad hoc committee shall regularly report back to Council on its progress in accomplishing its stated objective. Once the ad hoc committee completes its task or objective, it should report back to the City Council at a noticed public meeting, if contemplated by the ad hoc’s creation. After that time, the ad hoc committee should then be dissolved. Ad hoc committees will be presumed to dissolve two years following their creation, unless they are

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extended for a limited duration by Council upon a factual showing of a need for that committee’s continued existence and why the ad hoc committee was unable to accomplish its stated purpose within the two-year timeframe.

5.2 City Commissions, Committees and Boards (“Standing Committees”) City commissions (which hereinafter include standing Council-appointed boards, commissions, and committees) serve as advisory bodies to facilitate public input and citizen participation in the determination of public policies. This is accomplished by formulating recommended courses of action and policy to the City Council with whom final determination rests. The Planning Commission (AGMC Chapter 2.18, “Planning Commission”) has authority to make final determination in applicable circumstances (AGMC Title 16, “Development Code”). These kinds of bodies are subject to the requirements of the Brown Act.

5.3 Appointment
Pursuant to Council Resolution, the City Council appoints representatives to the following City boards, commissions and committees:
 Planning Commission
 Downtown Parking Advisory Board
 Architectural Review Committee
 Tourism Business Improvement District (TBID) Board
 Community Service Grant Program (CSGP) Committee
The Mayor and each Council Member shall appoint one representative to each respective Commission/Board/Committee. All appointments are subject to approval by a majority of the Council.

Members of each respective Commission/Board/Committee shall serve for a term ending the January 31st following the expiration of the term of the respective appointing Mayor or Council Member, as applicable. Members of each respective Commission/Committee/Board may be removed prior to expiration of their term by a majority vote of the Council.

Applicants, with the exception of the Downtown Parking Advisory Board, and TBID Board must be registered voters of Arroyo Grande. Applicants for the Downtown Parking Advisory Board shall have a business within the Arroyo Grande City Parking and Business Improvement Area. The TBID Board shall consist of five (5) members, with a preference that at least three (3) members shall be owners of lodging businesses within the AGTBID, or others with knowledge of tourism and/or the lodging industry. Members of the Board who are lodging owners shall have a valid permit to operate and be current with TOT payments.

It is preferred that members of the CSGP Committee reside within the appointing Council Member’s District, but is not required. TBID Advisory Board members will not be subject to the City’s residency requirements otherwise required of advisory body members.

Those seeking appointment to a Commission/Board/Committee must submit an application to the City Clerk’s Office. Those Commission/Board/Committee members whose terms have expired must

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submit a new application (terms are not automatically renewed), and the City Clerk will notify said Commission/Board/Committee members with a letter and new application form.

Applications shall remain valid and on file for one year.

Following Council appointment, the new Commission/Board/Committee member will be notified by the City Clerk’s Office via letter of the appointment and c onflict of interest filing obligations. Copies of the letter and completed application form(s) will be forwarded to the appropriate staff liaison, who will contact the successful member(s) regarding meeting dates, times and responsibilities. All appointees to a City Commission/Board/Committee are also subject to the City’s Ethics Policy and training requirements.

The City Council also appoints an Arroyo Grande representative to the San Luis Obispo Council of Government’s (SLOCOG) Citizens Transportation Advisory Committee (CTAC). The CTAC provides citizen review and recommendations on agenda items to SLOCOG staff and the SLOCOG Board of Directors. Those seeking appointment to the CTAC must submit an application to the City Clerk’s Office. The City Clerk will then forward the application to the City’s appointee to the SLOCOG Board of Directors for review and recommendation for appointment by the City Council.

5.4 Removal
A person appointed by the City Council to a Commission/Board/Committee shall continue to serve as a member thereof except when:
a. The person's term of office expires and a different person has been appointed.
b. The person voluntarily resigns from the Commission, Board, or Committee.
c. The person no longer meets the eligibility requirements. d. The person fails to attend three (3) consecutive and/or 25% of meetings of the Commission and does not have prior approval for said absences by way of a majority action of the City Council. e. A majority of the City Council determines the member shall be removed.

Any member of the City Council may initiate a person's removal from a Commission by requesting that consideration of the person's removal be placed on the Council's agenda at a regular or special meeting for discussion and potential action. The City Clerk shall notify the person affected of the time and place of the meeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the person from a Commission/Board/Committee.

A member of City Council, by contrast, may only be removed in the manner authorized by state law and are not subject to the guidelines of this section.

5.5 City of Arroyo Grande Commissioners Handbook
The Commissioners Handbook assists members of all City commissions, committees, and boards in carrying out responsibilities in accordance with the policies and guidelines established by Council. The Handbook outlines the

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general purpose and duties of each commission.

5.6 Appointment of Council Members to Various Local and Regional Boards, Commissions and Committees
There are a number of local and regional boards, commissions and committees that either require a member of the City Council as the City representative or it has been established practice for a Council Member to serve as the representative. They include, but may not be limited to, the following:
 Air Pollution Control District Board of Directors (APCD)  Audit Committee
 California Joint Powers Insurance Authority (CJPIA)
 Central Coast Community Energy (CCCE) Policy Board
 City Selection Committee (Mayors)
 Community Action Partnership San Luis Obispo (CAPSLO) (3-year rotation among South County Cities)
 Council of Governments/Regional Transit Authority (SLOCOG/SLORTA)  County Water Resources Advisory Committee
 Five Cities Fire Authority JPA Board of Directors
 Homeless Services Oversight Council (HSOC) Board
 Integrated Waste Management Authority Board (IWMA)
 REACH Economic Development Roundtable
 South County Chambers of Commerce Governmental Affairs Committee  South San Luis Obispo County Sanitation District (SSLOCSD) Board  Visit SLO CAL Advisory Board
 Zone 3 Water Advisory Board
The City Council makes these appointments at the first regular meeting in December following a municipal election.

Most appointments include selection of a primary representative and an alternate.

5.7 Criteria and Process for Council Representatives Seeking Council Direction or Input on Items Being Considered by Regional or Local Boards and Committees
After each election year, the City Council appoints members of the City Council to serve on regional and local boards and committees that request Council representation. Appointees represent the City on these various boards and committees and are granted authority to make decisions in the best interest of the City of Arroyo Grande, as well as the general public and interests served by the specific agency. However, it is appropriate to seek City Council input and/or direction on items meeting criteria that has been established by the City Council. The following guidelines outline the criteria and process:
a. When time permits prior to an item scheduled to be voted on by a board or committee that a member of the City Council has been appointed to by the City Council, City Council Members are advised to place items on the City Council agenda for direction and/or input if they meet any of the following criteria:

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i. Items that will result in a one-time or annual direct financial impact to the City of over $100,000 (goods and services), or over $200,000 (public projects).
ii. Items that involve new regulations, requirements or other impacts that will result in a significant impact to staff workload or adversely impact Arroyo Grande businesses or citizens.
iii. Items that will create or increase a fee, tax or other charge to Arroyo Grande residents.
iv. Items of a controversial nature that have been frequently reported in the media and have resulted in vocal opposition from the public and/or diverse vocal opinions from interest groups and the public. v. Items involving issues that the City Council has received a significant number of comments or correspondence from members of the community.
b. If time permits, City Council Members are advised to brief the remainder of the City Council on any item that may meet any of these criteria under “City Council Reports” and request whether the City Council would like the item to be placed on the next agenda for formal direction. c. If an upcoming item meets any of these criteria, and there is not sufficient time to brief the City Council under the next scheduled “City Council Reports,” Council Members are advised to notify the City Manager or City Clerk/Director of Legislative & Information Services to place the item on the next City Council agenda. If there is not time available, referral of items from other boards and committees may bypass the normal requirement for Council Members to first place under “Council Communications” the request that the item be placed on a future agenda. The City Manager will determine where on the agenda the item will be placed depending upon the nature of the item.
d. If an item is scheduled to be decided by the board and committee prior to the next City Council meeting, Council Members are advised to request the item be continued until feedback from the entire City Council can be placed on an agenda. If postponement of the item is not possible or is refused by the board or committee, Council Members are advised to vote on the item independently and report to the full City Council during the next “City Council Reports.”

5.8 Appointment of Primary Voting Delegate and Alternate to National League of Cities and/or League of California Cities Annual Conferences The City Council shall appoint a voting delegate and an alternate to serve as the voting delegate for all League of California Cities annual business meetings.

However, if the Mayor or a Council Member serves on the League of California Cities (LOCC) Executive Board of Directors, the LOCC Channel Counties Division Board of Directors, or in any other League capacity, priority shall be given to that individual to be designated as the Voting Delegate. In the event that this individual does not attend, the Council shall appoint a voting delegate and alternate.

6. COMMUNICATIONS

6.1 General Communication

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A fundamental role of a Councilmember is communication – communication with the public to assess community opinions and needs – communication with members of the legislature and other public agencies to represent the community’s interests – and, communication with the media to inform the public about the functions of government.

Because the City Council functions as a body, i.e. acting on a majority vote, it is important that members represent the City’s official position, or if expressing personal views, the public is so advised. To ensure that accurate City communications reach the public in a timely manner, the following shall apply.

6.2 Processing and Delivering of City Council Mail
Members of the City Council sometimes receive a large volume of mail and other hard copy materials from the public and staff. The City Manager’s Office maintains a mailbox at City Hall for each member. The City Manager, or his/her designee, is authorized to receive and open all mail addressed to the City Council as a whole, the Mayor and/or individual City Council Member, and said mail shall be opened and date stamped the day it was received. Letters addressed to the Mayor and/or individual City Council members will be copied to the full Council. Letters received which include issues directly related to a particular department shall be copied to the City Manager and the Department Director. Mail relating to a legal issue may also be forwarded to the City Attorney. Council Members may pick up their mail any time at City Hall.

Notwithstanding mail that is time sensitive needing immediate attention, all other mail that is not picked up at City Hall will be delivered to the Council at every Council meeting.

All correspondence, including email, addressed to the City Council or to individual Council members relating to the conduct of the City’s business is a public record as defined in Government Code Section 6252 and will be retained by the City in accordance with its Records Retention Policy.

6.3 Written Correspondence
Members of the City Council will often be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council will often prepare letters for constituents in response to inquiries or to provide requested information.

City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence.

On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or about an issue for which the Council has no position. In these circumstances, members should clearly indicate either in correspondence or verbally that they are not speaking for the City Council as a whole, but for themselves as one member of Council. City letterhead and office support may be utilized in these circumstances.

After the City Council has taken a position on an issue, official correspondence should reflect this position. While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for any personal

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or political purposes.

Council members are often asked to prepare letters of recommendation for students and others seeking employment or appointment. It is appropriate for individual Council members to utilize City letterhead and their Council titles for such letters.

All Council member correspondence using City letterhead shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk. In addition, all Council correspondence to public agencies in which the Mayor or Council Member identifies themselves as such, shall be copied to the full Council.

6.4 Use of City Seal, City Logo, and Police Badge
The seal, logo, and police badge are considered symbols of the authority and jurisdiction of the City and, as such, are valuable assets of the City and its citizens. The City seal, logo, and police badge shall be used for official purposes only and according to policies and guidelines developed by the City Manager, or as authorized by the City Council. [EXHIBIT I]

6.5 Speaking Engagements
Council members may accept public speaking invitations.

Presentations shall clearly articulate the Council’s adopted policy position.

A Councilmember may indicate that their individual position differs from that which was adopted.

6.6 Media Relations
Typically, the Mayor is the designated representative of the Council to speak on official City positions.

Individual Council members may comment to the media but should be clear about whether their comments represent the official City position or a personal viewpoint.

Generally, press releases shall be prepared and routed to the City Manager and Legislative & Information Services Director/City Clerk for approval before release to the media.

Police and Fire responses to, and/or press releases regarding, emergencies may be reported directly to the media by the designated department spokesperson.

6.7 City Council Protocol Regarding Communications with Project Applicants
The following are informal protocol guidelines and procedures regarding meetings between developers and City Council members to discuss upcoming projects.
a. When meeting with a project applicant, a council member should state that they represent one vote on the City Council and any statements

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represent the opinion of the individual council member only. Formal direction or action requires consideration and approval by a majority of the City Council at a lawfully scheduled and notified meeting. b. A council member should encourage the applicant to meet with all other members of the City Council and to seek their input.
c. When a council member meets with an applicant regarding a potential project, the council member should attempt to notify the City Manager when possible. When appropriate, the City Manager will contact the applicant and request they meet with other members of the City Council. d. If any materials are provided by an applicant, the council member should provide them to the City Manager, who will forward copies to each of the other members of the City Council.
e. A council member may request staff to attend a meeting if desired. If staff attends, it should be communicated to the applicant that staff is present to answer any process or technical questions. It is not appropriate for staff to participate in discussion regarding the merits of the project at such a meeting.
f. While the meeting is an appropriate opportunity to express concerns, ask questions and identify issues, the council member should refrain from stating how he/she intends to vote on a project and should avoid making representation or commitments regarding future actions. A vote should be based upon information presented as part of the formal application process.
g. Council members are encouraged to disclose ex parte contacts with a project applicant before consideration of the project.

6.8 Access to Communications/Technology Systems
The City will provide each Council Member with equal and appropriate communications and technological devices to facilitate their public service and within the confines of the Information Technology standards for hardware and software. Use of such devices shall be subject to the City’s Administrative Policies, a copy of which is provided to Council Members upon assuming office.

6.9 Electronic Communications Prohibited During Meetings The following policy shall define electronic communications and establish guidelines and procedures regarding electronic communications during public meetings that have implications under the Ralph M. Brown Act (“Brown Act”) and/or the Public Records Act.
a. Electronic Communications shall mean electronic text or visual communications and attachments distributed via e-mails, websites, instant messaging, text messages, Twitter or comparable services. b. Electronic devices (i.e., iPads or laptops) issued by the City to Council Members for use of storing agenda materials and accessing agenda materials during City Council meetings shall be the property of the City and returned to the City when a Council Member is no longer serving in his or her elected capacity. Agenda packets will be distributed through the City’s Paperless Agenda Program so that Council Members receive their agenda packets electronically. Council Members may access agendas and agenda packets using City issued iPads or other electronic devices (including, but not limited to personal computers and smart phones). c. City Council Members shall not use electronic devices or electronic communications at any time during a meeting of the City Council at which

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he or she is in attendance to access the internet or to receive or send emails, text messages or other communications. The presiding officer of the meeting may use electronic devices to receive messages from City staff regarding procedural issues arising during the course of the meeting. d. The limitations on use of electronic devices and electronic communications during meetings contained herein shall not apply to the receipt of telephone calls or text messages from family members in the event of an urgent family matter. A Council Member wishing to respond to such a message during a meeting shall do so during a recess or shall excuse him or herself from the meeting to place the return call or text in a manner that does not disrupt the meeting.

6.10 Electronic Communications Using City-Issued and Personal Devices As a public official, your communications regarding City business are potentially subject to disclosure via a Public Records Act (PRA) request, regardless of the medium used to send, receive, or store the records. In order to minimize potential risk, embarrassment, or awkward situations for yourself and for the City, please take the following into consideration when using various electronic communication methods:
a. All City business should be conducted using City communications equipment and accounts to the greatest extent feasible. Conducting work communications in this way assures that the City has a record of your communications, which can then be searched and produced in a noninvasive manner should a public records request be received. However, should you need, under limited circumstances, to use personal devices and/or personal accounts, such as text messaging, email, or social media, to communicate with others regarding City business, please be prepared to timely search for and provide copies of work-related communications if the City receives a related PRA request.
b. Exercise tact and caution when communicating in writing regarding City business, regardless of the medium or recipient. While the PRA's definition of work-related "records" is essentially limited to communications relating to actual conduct of the City's business by an individual in their official capacity, there is no guarantee that any particular personal or seemingly incidental work-related communication will ultimately be deemed exempt from production or disclosure.

While the law attempts to strike a balance between the public's interest in disclosure and the official's personal right to privacy, permitted exemptions from production and disclosure are rather narrow, and the City Attorney must act impartially when determining whether a record is exempt. Factors such as potential embarrassment cannot be accounted for in determining what to produce, and the City is obligated by law to err on the side of disclosure.

Additionally, bear in mind that in the event of litigation, a subpoena for records is a more powerful tool that can potentially compel the City to produce a broader array of records, including those that would not have been produced under a PRA request.
c. Consider the appropriate platform for all work-related communications.

As always, a good rule of thumb before hitting "send" is to consider how

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you would feel if the communication were to be reprinted in the newspaper. If a communication is sensitive enough that you would not want it to be reprinted, you are encouraged to consider using the telephone and personal visits to communicate instead, when appropriate.

A copy of the City’s Administrative Policy regarding the use of electronic communication and City-issued devices will be provided to Council Members upon assuming office.

6.11 Communications with Staff
Pursuant to AGMC Section 2.08.080, “Administrative relationships,” the City Council and its members, except for the purpose of inquiry, shall deal with administrative services solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any officer or employee of the City under the supervision of the City Manager.

In regard to questions relating to agenda items, Council Members are encouraged to contact the City Manager or appropriate Department Director to ask questions for clarification prior to the meeting at which the subject will be discussed.

6.12 Complaints Regarding Performance of Staff
Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved. Council Members shall not reprimand employees directly, nor shall they communicate their concerns to anyone other than the City Manager.

6.13 Citizen Inquiries
Often a constituent will call a Council Member with a question or a complaint about a particular problem or issue. Sometimes the complaint is related to not understanding why a particular action is taken and sometimes it relates to how a service has been provided or not provided.

When particular service issues or questions come up, the staff is also concerned about getting a quick and accurate response to a citizen. The most effective way for staff to ensure this response is for the Council Member to contact the City Manager's office to relay the question or complaint. Staff will take the information, coordinate with the appropriate Department, follow up with the citizen directly or provide information back to the Council Member, whichever is preferred.

6.14 Handling of Litigation/Confidential Information
Council Members shall keep all written materials and verbal information provided to them on matters that are confidential in complete confidence to ensure that the City’s position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney, or City Manager.

Council Members may not disclose information obtained in closed session unless authorized by a majority vote of the Council, or as otherwise required by law.

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6.15 Legislative Communications at the Request of City Affiliated Organizations
From time to time, the City is asked by the League of California Cities or other City-affiliated organizations to take a support and/or oppose position on a particular piece of legislation and/or proposal. When such a request is received, the matter shall be placed on the agenda and acted upon at the next regularly scheduled City Council meeting. When a request is received necessitating a more timely response in that action is required prior to the next regularly scheduled City Council meeting, the Mayor, or his/her designee, on behalf of the City, may sign and submit the requested communication so long as the position is consistent with the position taken by the League and/or other City-affiliated organizations and previous positions, if any, taken by the City. A copy of the communication shall be provided to the City Council and reported on as an informational item under City Manager Communications or Council Communications at the next regularly scheduled City Council meeting.

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APPENDIX
Reference Table of Amendments

DATE DESCRIPTION ACTION
10/28/2022
Addition of Community Service Grant Program Committee to Section 5.2
City Council
Direction
10/25/2022
08/13/2024 Adoption of a City Seal, City Logo, and Police Badge Policy (Exhibit I) Resolution No. ___
08/13/2024 City Council adopted City Council Handbook Update Resolution No. ___

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EXHIBIT A: Expanded Description of City Departments
The following is a short description of the services of each of the City’s departments.

City Manager
The City Manager serves at the will of the City Council and is responsible for providing them with policy recommendations, staff support and implementing their directions and decisions.

The City Manager is responsible for overseeing day to day operations of the City and appoints professionals to direct departments responsible for a wide variety of services provided to the community. The City Manager is responsible for overall direction and coordination of the City organization to provide services and projects in an efficient manner. The City Manager coordinates with community organizations and individuals to ensure the City is responsive to the community’s needs and concerns.

The City Manager is committed to providing leadership to the organization that promotes professionalism, responsiveness to the community, and decision making focused on addressing both current and future needs. The City Manager is dedicated to addressing financial challenges in a prudent and responsible manner, while maintaining critical services the community depends upon and protecting the community’s heritage, natural resources and quality of life.

The City’s Human Resources Officer reports directly to the City Manager. Human Resources includes ensuring compliance with State and Federal employment-related laws and regulations, participating in collective bargaining with employee unions and administering union contracts, Risk Management, Recruitment, Employee Development, Performance Management, administering benefits and worker safety, as well as administering job classifications and compensation plans.

City Attorney
The City Council appoints a city attorney to whom it turns to for legal advice. He/she attends Council meetings to advise on points of the law and to ensure that all proper procedures are maintained. The City Attorney also provides legal advice and represents the City Council, City Manager, City departments and other City boards and commissions on legal matters. The City Attorney is responsible for drafting ordinances, reviewing contracts and prosecuting municipal code violations.

Administrative Services
The Administrative Services Department collects and disburses all City monies. It maintains accounting records of all monetary transactions, involving cash receipts, accounts payable, payroll, utility billing, and business licensing, and oversees the information technology function of the City. The Department manages the prudent investment of currently idle City funds. It also prepares the proposed biennial City budget, in conference with various City department directors and key personnel and under the general direction of the City Manager.

Following City Council adoption, the final budget is then prepared.

Legislative and Information Services (City Clerk)
The Legislative and Information Services Department is responsible for managing the legislative history of the City; responding to requests for information and researching legislative data for the public, staff, media, and the City Council; recording actions taken at City Council meetings; preparing and distributing City Council meeting agenda packets; coordinating official filings with the California Fair Political Practices Commission; updating the City’s Conflict of Interest and Municipal Codes; maintaining official records and archives of the City including ordinances, resolutions, contracts, agreements, deeds, insurance

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documents and minutes; and conducting elections for the City. The Legislative and Information Services Department also is responsible for the City’s public information program to include the City’s website, social media, mobile app, local government access channel, and media relations.

Recreation Services
The Recreation Services Department is responsible for providing recreation and leisure opportunities for residents and visitors of all ages. These programs are offered with the hope that they not only meet the community's interests, but also inspire residents to try something new. The Department offers adult and youth programs and classes, sport leagues, and special events which are highlighted in a seasonal Activity Guide. The Recreation Services Department manages scheduling and reservations for all recreational facilities, including parks and barbeque areas, community centers, and athletic fields. The Department provides staff assistance for the Arroyo Grande Tourism Business Improvement District Advisory Board.

Community Development
The primary goal of the Community Development Department is to assist the community, City Council, and Planning Commission in preparing for the City’s future growth and development, as well as review current development plans for consistency with local ordinances. The Department deals with transportation, housing, community facilities, public safety, open space, design, and the use of land. Additionally, the Department oversees economic development efforts to create an atmosphere conducive to the retention, expansion, and creation of quality businesses, consistent with the community’s vision of Arroyo Grande. This effort will result in maintaining and increasing the number of jobs and enhancing the fiscal position of the City through increased business tax, sales, tax, and property tax revenues. The building division
reviews project plans, issues permits, and provides inspection services for compliance of California's building, fire, mechanical, electrical, plumbing, energy, and disabled access codes, as well as city ordinances, for all new and existing buildings in the city. The Department provides staff assistance for the Planning Commission, Architectural Review Committee, Downtown Parking Advisory Board, and Community Service Grant Committee.

Public Works
The Public Works Department is responsible for maintaining all City infrastructure (streets, parks, sports complex, city-owned buildings, water and sewer facilities) as well as maintaining the City’s vehicle fleet and equipment. The capital improvement projects manager administers the design, construction and inspection of all publicly funded capital projects. The engineering division ensures all construction in the public right-of-way related to land development entitlements comply with adopted codes and engineering standards.

Engineering is also responsible for all subdivision processing, approval of final subdivision maps, accepting related offers of dedications and entering into agreements to complete subdivision agreements. The Public Works Department also administers the City of Arroyo Grande Community Tree Program including the administration of tree removal requests and permits.

Police
The mission of the Police Department is to maintain the public peace, safeguard lives and property, and to provide for a quality of life whereby those persons within the City have a sense of security and freedom in their daily activities. To accomplish this, the Department provides a wide variety of public safety-related services. These services are provided through the program areas: Uniformed patrol, traffic management, investigations, crime prevention, delinquency prevention, records management, communications, and disaster management.

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Five Cities Fire Authority
Pursuant to the Joint Exercise of Powers Agreement (JPA) creating the Five Cities Fire Authority (FCFA), the FCFA serves the City of Arroyo Grande to provide its citizens with fire protection and other emergency services. The fire chief is overseen by the Management Committee which is made up of the current City Manager of each Member Agency of the JPA (currently the two member agencies are the City of Arroyo Grande and the City of Grover Beach). The Fire Prevention Division assists in the elimination of fire hazards through the inspection of commercial, residential, and industrial areas. The Fire Division is also responsible for the fire protection requirements on new subdivisions and occupancies.

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EXHIBIT B: Travel Policy

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EXHIBIT C: Ethical Standards Policy

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EXHIBIT D: Conflict of Interest Code

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EXHIBIT E – BEST PRACTICES OF CIVILITY AND CIVIL DISCOURSE

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EXHIBIT F – FLAG DISPLAY POLICY

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EXHIBIT G – DIVERSITY, EQUITY, INCLUSION, AND JUSTICE POLICY

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EXHIBIT H – CITY COUNCIL DISTRICTS

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EXHIBIT I – CITY SEAL, CITY LOGO, AND POLICE BADGE POLICY RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE DESIGNATING THE CITY SEAL, CITY

LOGO, AND POLICE BADGE AS OFFICIAL SYMBOLS OF

THE CITY OF ARROYO GRANDE
WHEREAS, the City of Arroyo Grande does not currently have a policy specifically designating the City Seal, City Logo, and Police Badge as official symbols; and WHEREAS, the City Council desires to establish a City Seal, City Logo, and Police Badge use policy that provides guidance and standards for use of the symbols; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that:

1. The City Council finds and declares as follows:

2. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this resolution:

C. “Police Badge” means the distinctive device worn as a sign of membership in and authority of the Arroyo Grande Police Department. The Police Badge identifies the wearer as an Arroyo Grande Police Officer. The image of the Police Badge is substantially the same as the form shown on Exhibit C, and incorporated by this reference.

DRAFT

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3. City Seal, City Logo, and Police Badge Designated Official Symbols.

A. The City Seal is designated the official seal of the City of Arroyo Grande.

B. The City Logo is designated the official logo of the City of Arroyo Grande.

C. The Police Badge is designated the official badge of the Arroyo Grande Police Department.

SECTION 4: Alteration of City Seal, City Logo, and Police Badge. The City Seal, City Logo, and Police Badge cannot be altered unless such alterations are approved by resolution of the City Council.

SECTION 7: This Resolution will become effective immediately upon adoption and will remain effective unless superseded or repealed.

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 13th day of August, 2024.

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___________________________________

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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EXHIBIT A

CITY SEAL

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EXHIBIT B

CITY LOGO

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EXHIBIT C

POLICE BADGE

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Item 9.g.

MEMORANDUM
TO: City Council
FROM: Michael Martinez, Chief of Police
BY: Alejandro Estrada, Acting Senior Police Officer
SUBJECT: Resolution Approving a Grant Agreement with the California Highway Patrol and Approve a Budget Adjustment
DATE: August 13, 2024
RECOMMENDATION:
1) Adopt a Resolution authorizing the Chief of Police to execute a grant agreement with the California Highway Patrol to help address ongoing traffic safety concerns and appropriate the funding for the activities;
2) Approve a Budget Amendment Request for FY 2024-25 in the amount of $155,600 to account for the additional revenue and expenditures related to the grant, including the purchase of a DUI Trailer totaling approximately $60,000 and a DUI Patrol Truck and outfitting totaling $80,000; and
3) Find that adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself 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.) IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

There is no adverse financial impact to the City of Arroyo Grande to accept the California Highway Patrol grant. The annual grant award is for up to $155,600.

The cost of equipment purchases, training, and overtime staffing for operations will be directly reimbursed through the grant. The cost of time for grant management will be absorbed into the regular duties of the Police Department Administration and Administrative Services Division of the City.

BACKGROUND:

The Arroyo Grande Police Department has not accepted grant funding from the California Highway Patrol in the past. However, with the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), California voters mandated the

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August 13, 2024

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state set aside funding for the California Highway Patrol (CHP) to award grants to local governments and qualified nonprofit organizations, as described in the Revenue and Taxation Code Section 34019(f)(3)(B). The Cannabis Tax Fund Grant Program (CTFGP) marks an important step toward reducing impaired driving crashes, increasing public awareness surrounding the dangers of impaired driving, and making California’s roadways safer to travel.

The CHP works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving. The CHP will consider a variety of factors in determining specific needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs. The purpose of the CTFGP is to provide alternative funding sources to augment, but not supplant, current activities and programs. The CHP allocates funds for the project categories in accordance with California Code of Regulations (CCR) Sections 1890.05 through 1890.07, as determined by the CHP.

ANALYSIS OF ISSUES:

The City of Arroyo Grande currently has a population of approximately 17,924. However, the City experiences a significant increase in daily population and traffic due to employment, business, and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the immediately adjacent cities, which make up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated over 35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. In addition, the City of Arroyo Grande hosts the only public high school in the Five Cities area, servicing over 2,000 high school students daily.

Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number of driver’s, bicyclists, and pedestrians on City roadways. With the resident, student, and transient tourist populations impacting the City’s total service population, traffic collisions and traffic incidents have increased over the last several years.

An annual review of DUI collisions reveals that DUI incidents usually increase during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends and the holiday period, and Thanksgiving through New Year’s. Other times with identified increased DUI crimes and collisions include Halloween, Super Bowl Sunday, and local festivals/events.

Specific to the City of Arroyo Grande, alcohol involved traffic incidents represent a significant threat to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole; thus law enforcement efforts

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need to target the safety of all drivers. The City of Arroyo Grande and the surrounding beach communities are desirable destinations for tourists and residents. In particular, the historic Village area consists of numerous restaurants, shops, and bars. These businesses draw large crowds, both vehicular and pedestrian. The community is safer by reducing the number of DUI drivers on City streets.

Significant progress is made in reducing the frequency of DUI crimes and collisions when law enforcement agencies conduct awareness campaigns and enforcement efforts. At a nationwide level, there has been a significant downward trend in traffic deaths over the last 20 years. However, DUI deaths have not dropped as dramatically. With continued efforts between law enforcement, community–based organizations, and the media, the number of DUI fatalities could be decreased.

Through grant funding from CHP, the Arroyo Grande Police Department will be more successful in educating the public and curbing the problems associated with impaired driving. This will increase the safety of motorists within the City. Accepting the CHP grant will allow for the purchase of equipment and reimbursement of overtime staffing directly relating to training and enforcement of DUI laws. This will be accomplished through a variety of means including but not limited to: advanced training in DUI detection for officers, directed saturation patrols, and DUI checkpoints.

Grant funding will allow the purchase of specialized equipment such as a DUI Command Trailer, DUI Patrol Truck which is an all-electric vehicle and a first for the cities fleet, Drug Recognition Expert (DRE) Training, Preliminary Alcohol Screening test (PAS), and funded overtime positions for enforcement programs. The goal of the CHP funded program is to decrease traffic collisions and DUI by increasing public awareness of traffic related incidents, , and increased enforcement of traffic and DUI laws.

Table 1 provides a breakdown by Subcategory of the total Grant Funds allocation.

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August 13, 2024

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Table 1 - Cannabis Tax Fund Grant Program Breakdown
ALTERNATIVES:

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

1. Adopt the Resolution authorizing the Chief of Police to execute the grant agreement with the California Highway Patrol to help address ongoing traffic safety concerns and appropriate the funding for the activities; and Approve a Budget Amendment Request for FY 2024-25 in the amount of $155,600 to account for the additional revenue and expenditures related to the grant, including the purchase of a DUI Trailer totaling approximately $60,000 and a DUI Patrol Truck and outfitting totaling $80,000;

2. Do not adopt the Resolution;

3. Provide other direction to staff.

ADVANTAGES:

Accepting the California Highway Patrol grant will have several advantages. It will fund additional equipment purchases and training in the area of traffic enforcement, DUI detection, and drug impaired driving detection. This will enhance the knowledge, skills, and abilities and, the overall effectiveness of officers in these areas.

It will fund overtime for officers to conduct specialized enforcement operations in the identified areas of concern, such as DUI saturation patrols and DUI checkpoints.

DISADVANTAGES:

No disadvantages are identified if the recommended action is approved. By not accepting the grant, the Police Department will not receive additional funding to enhance its current training programs in the identified areas. This will limit the Police Department’s additional

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enforcement programs, training, and equipment and enhanced public education that can be accomplished with grant funding.

ENVIRONMENTAL REVIEW:

No environmental review is required for this item. Adopting the Resolution authorizing the Chief of Police to execute the grant document and appropriate the funding for activities is not a project subject to the California Environmental Quality Act (“CEQA”) because that declaration in itself 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. Proposed Resolution

2. Draft Grant Agreement

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE APPROVING AND AUTHORIZING THE

CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH

THE CALIFORNIA HIGHWAY PATROL TO ACCEPT

GRANT FUNDING FOR TRAFFIC SAFETY PROGRAMS

AND TO APPROPRIATE THE FUNDING FOR THE

PROGRAM ACTIVITIES
WHEREAS, the City of Arroyo Grande, through its Police Department, is eligible to receive Federal and/or State funding for a traffic safety enforcement, education, training and equipment through the California Highway Patrol; and WHEREAS, the California Highway Patrol has awarded $155,600 in grant funding to the Arroyo Grande Police Department for its Selective Traffic Enforcement Program; and WHEREAS, California Highway Patrol requires execution of a grant agreement in order to obtain the funding; and
WHEREAS, by accepting this grant, funding will allow for the purchase of equipment and reimburse overtime staffing directly relating to training, traffic safety functions, enforcement of driving under the influence laws and public education; and WHEREAS, by accepting this grant, an appropriation of funding will be required for the activities; and
WHEREAS, the City Council of the City of Arroyo Grande wishes to delegate authorization to the Chief of Police to execute this grant agreement and any amendments thereto.

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

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

2. Approval. The grant agreement is approved, and the Chief of Police is authorized to accept the grant award in the amount of $155,600 and execute the grant agreement and amendments thereto with the California Highway Patrol.

3. Budget Amendment. A Budget Amendment Request for FY 2024-25 in the amount of $155,600 is hereby approved to account for the additional revenue and expenditures related to the grant.

4. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule

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RESOLUTION NO.

PAGE 2
that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.)

5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

6. Effective Date. This Resolution shall become effective immediately.

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 13th day of August, 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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State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17881 ________________________________________________________________

1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - Arroyo Grande Police Department

2. NAME OF ORGANIZATION/AGENCY
Arroyo Grande PD

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Arroyo Grande PD

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $155,600.00

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Michael Martinez
Title: Chief of Police
Phone: (805) 473-5110
Address: 200 N Halcyon Road
Arroyo Grande, CA 93420
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Nicole Valetine
Title: Administrative Services Director
Phone: (805) 473-5110
Address: 200 N Halcyon Road
Arroyo Grande, CA. 93420
ATTACHMENT 2

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TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

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TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

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TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

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TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

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TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

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TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

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Schedule A
Arroyo Grande PD
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies will include impaired driving enforcement, enforcement operations focusing on education. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. Travel/training funds will be used to send officers to DRE training to further enforcement efforts.

Problem Statement & Proposed Solution
The City of Arroyo Grande currently hosts a resident population of approximately 18,380. However, the City experiences a significant increase in daily population and traffic due to employment, business and service providers located within Arroyo Grande. Additionally, the City’s service population is also impacted by the cities immediately adjacent, making up the “Five Cities” area. The larger Five Cities area population is approximately 45,000 residents, not including the tourist population, which is estimated at approximately 35,000 a year. Because of the City’s location situated half-way between Los Angeles and San Francisco, directly west of Bakersfield, near the beach and the Oceano Dunes Vehicular Recreation Area, significant increases in traffic, pedestrian and alcohol related incidents occur within the City’s service area. Finally, the City has traditionally hosted several special events throughout the year, such as the Harvest Festival, Halloween, and Christmas in the Village, which also increase the number of driver’s bicyclists and pedestrians on City roadways. With the resident, student, and transient tourist populations impacting the City’s total service population, traffic crashes and traffic incidents have also increased over the last several years.

Specific to the City of Arroyo Grande, alcohol involved traffic incidents are among the biggest threats to the community. These incidents do not consider factors such as age or economic status and affect the community as a whole thus law enforcement efforts need to target all drivers. The City of Arroyo Grande and the surrounding beach communities are a desirable destination for tourists and residents. In particular, the historic village area consists of numerous restaurants, shops, and bars. These qualities draw large crowds, both vehicular and pedestrian. The community is safer by reducing the number of DUI drivers on the City streets.

An annual review of driving under the influence (DUI) crashes reveals that DUI incidents are usually increased during the end of summer vacation/Labor Day period, Memorial Day, Independence Day weekends and the holiday period (Thanksgiving through New Year’s). Other times with identified DUI crimes and crashes include Halloween, Super Bowl Sunday, Cinco de Mayo, and local festivals/events. The Arroyo Grande Village (downtown area) has several new bars and restaurants which draw large numbers of people on weekend and holiday nights. In 2021, the Arroyo Grande Police Department made 156 DUI arrests, in 2022, AGPD made 209 DUI arrests, and in 2023 AGPD made 115 DUI arrests. Significant progress is made in reducing the frequency of DUI crimes and crashes when law enforcement agencies conduct awareness campaigns and enforcement efforts. In 2023, there were 46 injury traffic crashes in the City of Arroyo Grande, affecting 57 victims, and one fatal traffic crash affecting one victim. Additionally, 12 of these crashes were alcohol related, resulting in 16 injured victims.

While fatal crash numbers in Arroyo Grande remain low, averaging less than one per year over the last several years, the number of victims injured in crashes has increased over the past several years, with the exception of the two most recent calendar years. With a best practice and focused enforcement plan through the Selective Traffic Enforcement Program, the Arroyo Grande Police Department will be more successful in curbing the problems associated with intoxicated drivers. The Department has encouraged patrol officers and traffic officers to focus enforcement on reducing the alcohol as well as sending officers to advanced training such as ARIDE and DRE.

Performance Measures/Scope of Work
Purchase a DUI trailer to support DUI check points, and DUI saturation patrols as well as conduct DUI checkpoints in correlation with ongoing OTS grant as well.

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Schedule A
Purchase a Traffic car which officers will have readily available to conduct DUI saturation patrols and to attempt to more effectively catch DUI violators.

Purchase of PAS machines (3X)
Send officer to DRE school to assist with recognition of drugs as it relates to impaired drivers.

Project Performance Evaluation
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

Administrative Support: This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

1. Prepare and submit grant claim invoices quarterly. 2. Prepare and submit Quarterly Performance Reports Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments. Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. Collect, analyze and report statistical data relating to the grant goals and objectives.

Program Sustainability
Department administration understands this grant is not meant to substitute funds and project sustainability depends on the department. The funds requested are to support the departments needs as it pertains to equipment, training and additional enforcement efforts. After the items are purchased, the department intends on upkeeping and maintaining the equipment obtained through this grant, and continuing use for impaired driving and other traffic enforcement efforts.

Administrative Support
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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Grant Total $155,600.00
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
17881 Arroyo Grande PD $155,600.00
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
PAS Devices
DUI Patrol Vehicle - Outfitting
$1,600.00
$10,000.00
Category Sub-Total $11,600.00
Personnel DUI Saturation Patrol $10,500.00
Category Sub-Total $10,500.00
Travel DRE Training – Attend Travel $3,500.00
Category Sub-Total $3,500.00
Equipment DUI Trailer
DUI Patrol Vehicle
$60,000.00
$70,000.00
Category Sub-Total $130,000.00

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Schedule B-1
Budget Narrative
Arroyo Grande PD
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Other Direct Costs
PAS Devices
$1,600.00
• 3 new FST PAS machines
• Each unit is $445
DUI Patrol Vehicle – Outfitting: (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and prisoner transport partition are not eligible costs and will not be reimbursed.) $10,000.00
Vehicle lighting / siren Outfitter was unable to get quote in time roughly estimated $9,500.

Personnel
DUI Saturation Patrol
$10,500.00
Conduct 5 DUI saturation patrols. Attached is Sgt’s, senior and regular patrol officer pay and overtime rate Travel
DRE Training – Attend Travel
$3,500.00
Send officer to DRE school
• Tuition: $0
• Per diem: $800
• Gas: $200
• Lodging: $ 2,500
Equipment
DUI Trailer
$60,000.00
DUI Patrol Vehicle
$70,000.00
1 DUI Patrol Vehicle. Unit cost $68,384

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Item 9.h.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shannon Sweeney, City Engineer
SUBJECT: Community Development Block Grant (CDBG) Funding Reallocation DATE: August 13, 2024
RECOMMENDATION:
1) Adopt a Resolution authorizing the City Manager to reallocate CDBG money previously assigned to various City projects, to the Curb Ramp and Sidewalk Improvement Element associated with the 2024 Pavement Maintenance Project. This CDBG money will be applied to costs associated with the addition and replacement of curb ramps to meet Americans with Disabilities Act (ADA) standards; and
2) Find that this item is not a project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.)
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

Table 1 shows existing funding available from the CDBG program for various City projects mentioned in Staff’s Recommendation. The total CDBG funding amount shown in Table 1 for City projects is $202,012.18.

Table 1: CDBG Funding Allocation
Item Amount Original Allocation Recommended Allocation
1 $59,416.49 2021 City Hall Front Entrance Project Curb Ramp and Sidewalk Improvement 2 $5,693.40 2023 CDBG Administration Curb Ramp and Sidewalk Improvement 3 $75,097.29 2023 CDBG Construction Curb Ramp and Sidewalk Improvement 4 $61,805.00 2024 CDBG Construction Curb Ramp and Sidewalk Improvement All available CDBG funds are budgeted for their respective projects. This reallocation does not impact various projects’ budgets, but simply changes the source of those funds.

Projects whose funding is recommended to be reallocated from CDBG will instead be funded through the general fund, and vice versa. This recommendation does not constitute a change in budget amounts, only the funding source. The carryovers and

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Item 9.h.

City Council
Community Development Block Grant (CDBG) Funding Reallocation August 13, 2024

Page 2 ends

budget reallocation will be completed in the First Quarter Financial Status report. This approval will allow staff to move forward with the bidding process.

BACKGROUND:

On March 9, 2021, City Council approved $40,000 for a project named City Hall Front Entrance Barrier Removal Project. The proposed project would install an accessible entrance to the City Hall building, including installing exterior doors with automatic door openers that can be easily operated by citizens with mobility limitations. This project also addresses the first national CDBG objective by enhancing accessibility for individuals with disabilities on City-owned property.

Since this City Hall ADA project was identified, additional funding has been made available to it. County administrative staff has confirmed that a total of $59,416.49 is allocated to this project (Item 1 in Table 1). The federal obligations associated with the CDBG funding for this project have presented insurmountable difficulties with the available funding. City staff still advocate for its completion and will be able to make progress on its implementation by removing the extra federal obligations.

On February 14, 2023, City Council approved $6,111 for City administration and $56,749 for curb ramp and sidewalk improvement. Housing and Urban Development (HUD), the federal organization that administers and distributes CDBG funds, adjusted local available CDBG funds to $5,693.40 (Item 2 in Table 1) and $75,097.29 (Item 3 in Table 1), respectively.

On February 13, 2024, City Council approved $58,960 in CDBG funds towards curb ramp and sidewalk improvements on sidewalks adjacent to streets being paved and in conjunction with scheduled pavement improvements. HUD increased local available CDBG funds. As a result, the City’s 2024 funds received has been increased to $61,805 (Item 4 in Table 1).

ANALYSIS OF ISSUES:

The 2024 Pavement Maintenance Project is at 90% design review. The project originally included the installation or replacement of 61 curb ramps adjacent to the 4.6 miles of pavement scheduled to be treated, at a cost of $1.6 million solely for curb ramp work. A review of existing curb ramps revealed that all but eleven of those curb ramps meet either exception or safe harbor elements of the ADA regulations, which negates the need to replace them.

The remaining eleven curb ramps need to be either installed or replaced. The engineer’s estimate solely for constructing these eleven remaining curb ramps is $167,000. A prorated portion of other curb ramp project costs, such as mobilization, stormwater monitoring, and traffic control can also be reimbursed using CDBG funds.

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Item 9.h.

City Council
Community Development Block Grant (CDBG) Funding Reallocation August 13, 2024

Page 3 ends

City staff worked closely with County CDBG program administration staff to ensure that this reallocation is allowed. County staff has indicated that such an allocation can be addressed through City Council approval and a letter signed by the City Manager requesting the reallocation.

If any CDBG funds remain following the 2024 pavement maintenance project, these funds can be reallocated to another project at a future date.

ALTERNATIVES:

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

1. Reallocate existing City CDBG funds as shown in Table 1;

2. Leave CDBG funds as currently allocated; or

3. Provide other direction to staff.

ADVANTAGES:

CDBG is a federally funded program. Federal programs have significant administrative requirements including environmental review, disadvantaged business entity verification, and Section 3 (economic opportunities for low – and very low – income persons) reporting.

These requirements are onerous to both City staff and contractors on small projects like the ones shown in Table 1. Smaller companies are often unwilling or unable to meet these requirements, which creates challenges in competitively bidding projects. Firms that compete on larger construction projects are more accustomed to meeting federal requirements, as larger construction projects are likely to have federal funding components associated with them.

By consolidating funds into a single larger project, CDBG funds can be used more efficiently. When contractors are required to meet federal obligations, administrative requirements are an added cost to the project. On smaller projects, these costs are a larger fraction of the project cost, leaving fewer funds available for construction. The administrative cost of meeting federal regulations becomes a smaller fraction of larger jobs, especially since larger firms are better equipped to address those requirements and are more familiar with what is needed.

The administrative load on City staff is reduced substantially if the funds are consolidated into one larger project rather than multiple smaller projects. City staff are required to submit regular reports, numerous forms demonstrating compliance with federal requirements, and reimbursement requests. By consolidating the funding, City staff will only be tasked with completing this paperwork for one large project rather than numerous small ones, which is a more efficient use of staff time.

DISADVANTAGES:

No disadvantages identified. All projects identified as previously funded by CDBG funds will be funded using other funding sources instead.

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Item 9.h.

City Council
Community Development Block Grant (CDBG) Funding Reallocation August 13, 2024

Page 4 ends

ENVIRONMENTAL REVIEW:

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

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

ATTACHMENTS:

1. Proposed Resolution Authorizing CDBG Reallocation

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARROYO GRANDE AUTHORIZING COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG)

REALLOCATION
WHEREAS, on March 9, 2021, City Council approved CDBG funds towards a City Hall Front Entrance Barrier Removal Project; and
WHEREAS, on February 14, 2023, City Council approved CDBG funds towards curb ramp and sidewalk improvements and CDBG program administration; and WHEREAS, on February 13, 2024, City Council approved CDBG funds towards curb ramp and sidewalk improvements; and
WHEREAS, CDBG funds remain in these various projects as shown in Exhibit A; and WHEREAS, CDBG funds may be reallocated via a written request to the County of San Luis Obispo, signed by the City Manager; and
WHEREAS, this reallocation does not change the budget or nature of projects identified in the Fiscal Year 24-25 budget, but simply consolidates all of the CDBG funds available to Curb Ramp Improvement element of the 2024 Pavement Maintenance Project, and funds the remaining projects from the general fund; and WHEREAS, consolidating these funds by reallocating them to a single project allows these funds to be used more efficiently and reduces staff administration time; and WHEREAS, the action is exempt from the California Environmental Quality Act (CEQA) pursuant to State Guidelines Section 15060(c)(2),(3), 15378 as it does not constitute a “project” under CEQA.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby recommends that existing CDBG funds currently allocated to various City projects be reallocated and consolidated to the Curb Ramp and Sidewalk Improvement project associated with the 2024 Pavement Maintenance Project as listed in Exhibit A attached hereto and incorporated herein by this reference.

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

AYES:

NOES:

ABSENT:
the foregoing Resolution was passed and adopted this 13 th day of August, 2024.

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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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RESOLUTION NO.

PAGE 3

EXHIBIT A
REALLOCATION OF PROGRAM YEAR 2022-2024 COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) FUNDS
Amount Original Allocation Recommended Allocation
$59,416.49 2021 City Hall Front Entrance Project Curb Ramp and Sidewalk Improvement $5,693.40 2023 CDBG Administration Curb Ramp and Sidewalk Improvement $75,097.29 2023 CDBG Construction Curb Ramp and Sidewalk Improvement $61,805.00 2024 CDBG Construction Curb Ramp and Sidewalk Improvement

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Item 9.i.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shannon Sweeney, City Engineer
SUBJECT: Accept the 2022 Slurry Seal Project, PW 2022-06 DATE: August 13, 2024
RECOMMENDATION:
1) Accept improvements as constructed by American Asphalt South, Inc. in accordance with the plans and specifications for the 2022 Slurry Seal Project, PW 2022-06; 2) Direct staff to file a Notice of Completion; and
3) Authorize release of retention thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The original bid price for this project was $1,737,575.49. The final contract and change orders total $1,431,609.48. No field change orders (contingency costs) were expended on this project. The striping subcontractor corrected all erroneous striping without any additional cost to the City.

The $305,966.01 reduction in cost between the final cost of this project and the original bid amount is due largely to a significant decrease in the square footage of digouts that were needed in the pavement treatment areas and the lack of need for most of the allowance associated with soil stabilization.

BACKGROUND:

On June 13, 2023, the City awarded a construction contract for the 2022 Slurry Seal Project to American Asphalt South, Inc. to complete the 2022 Slurry Seal Project, PW 2022-06 in the amount of $1,737,575.49.

The project was deemed substantially complete on August 1, 2024.

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Item 9.i.

City Council
Accept the 2022 Slurry Seal Project, PW 2022-06
August 13, 2024

Page 2 ends

ANALYSIS OF ISSUES:

The 2022 Slurry Seal Project involved providing a timely protective coating on over eight miles of City streets which protects these streets from degradation and more expensive repairs for up to ten years into the future.

The 2022 Slurry Seal Project was completed to City staff’s satisfaction on August 1, 2024.

ALTERNATIVES:

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

1. Accept the 2022 Slurry Seal Project and authorize release of retention;

2. Do not accept the project;

3. Accept the project but do not authorize the release of retention; or

4. Provide other direction to staff.

ADVANTAGES:

The project is substantially complete and accepting the improvements allows staff to close out the project. This project involved providing a timely protective coating on over eight miles of City streets which protects these streets from degradation and more expensive repairs for up to ten years into the future.

DISADVANTAGES:

No disadvantages have been identified in accepting this project.

ENVIRONMENTAL REVIEW:

The 2022 Slurry Seal Project was previously determined to be 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. Notice of Completion – 2022 Slurry Seal Project

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ATTACHMENT 1

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Item 9.j.

MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director BY: Shannon Sweeney, City Engineer
SUBJECT: Accept the Swinging Bridge Retrofit Project, PW 2021-06 DATE: August 13, 2024
RECOMMENDATION:
1) Accept improvements as constructed by Cushman Contracting Corporation, in accordance with the plans and specifications for the Swinging Bridge Retrofit Project, PW 2021-06;
2) Direct staff to file a Notice of Completion; and
3) Authorize release of retention thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed.

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The final contract and change orders totaled $959,996.35. Field change orders (contingency costs) of $22,996.35, approximately 2.5%, were expended on this project to address north fence coating and bridge fencing improvements, both items that were deemed necessary but were not included in the original drawings. The original contract price was $937,000 with a 10% contingency of $93,700.
$500,000 of this project was funded through a federal earmark under the “Community Project Funding/Congressionally Directed Spending” (CPF/CDS) program, and the remainder of the project was funded with Measure O 2006 funds.

The project was completed within budget and ahead of schedule.

BACKGROUND:

On January 9, 2024, the City awarded a construction contract for the 2021 Swinging Bridge Retrofit Project, PW 2021-06 to Cushman Contracting Corporation in the amount of $937,000.

The project was deemed substantially complete on August 1, 2024.

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Item 9.j.

City Council
Accept the Swinging Bridge Retrofit Project, PW 2021-06 August 13, 2024

Page 2 ends

ANALYSIS OF ISSUES:

This unique and iconic bridge provides safe pedestrian travel to and from the gazebo in Olohan Alley at the former Short Street (Centennial Park) and Heritage Park. It is wellloved by residents and is a popular tourist attraction because of its unique design and span over Arroyo Grande Creek.

The 2021 Swinging Bridge Retrofit Project involved constructing structural improvements, including new anchor points and abutments, and aesthetic improvements, including coating and decking replacement.

The 2021 Swinging Bridge Retrofit Project was substantially completed to City staff’s satisfaction on August 1, 2024. No punch list items remained at that time.

ALTERNATIVES:

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

1. Accept the 2021 Swinging Bridge Retrofit Project and authorize release of retention;

2. Do not accept the project;

3. Accept the project but do not authorize the release of retention; or

4. Provide other direction to staff.

ADVANTAGES:

The project is substantially complete and accepting the improvements allows staff to close out the project. Retrofit of the Swinging Bridge removes the 5-person maximum weight limit and provides a safe non-motorized crossing of Arroyo Grande Creek.

DISADVANTAGES:

No disadvantages have been identified in accepting this project.

ENVIRONMENTAL REVIEW:

The 2021 Swinging Bridge Retrofit Project was previously determined to be 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. Notice of Completion – 2021 Swinging Bridge Retrofit Project

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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

CITY CLERK

CITY OF ARROYO GRANDE
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner or agent of owner of the interest or estate or the property hereinafter described as stated below.

2. The FULL NAME of the OWNER is: ....:..:Th=e"----C=ity'-=o(._,A-=-=r-=-r,._oy=·o'-G.......,ra:::.,;n=d=e ____________________ _

3. The FULL ADDRESS of the OWNER is: 300 East Branch Street, Arroyo Grande, California 93420

4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: _z�·n�ee ______ _________ _

5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are:

None

NAMES ADDRESSES

6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvements herein referred to:

None

NAMES ADDRESSES

7. All work of improvement on the property hereinafter described was COMPLETED _______ J;�u=l..,_y�3�1 ,�2�0=2-=-4 ___ _

8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:

Cushman Contracting Corporation

9. The street address of said property is: �Sw� �i=ng=z�·n,...g=B�n=·d=g�e ________ _

10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of California, and is described as follows: 2021 Swinging Bridge Retrofit. PW 2021-06 Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct.

Bill Robeson, Assistant City Manager/Public Works Director August 1, 2024, Arroyo Grande, California
-- END OF DOCUMENT --
ATTACHMENT 1

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Item 10.a.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Development Code Amendments to Implement Housing Element Programs and Finding that this Action is Not a Project Under the California Environmental Quality Act Pursuant to State Guidelines Section 15061
DATE: August 13, 2024
RECOMMENDATION:

No financial impact is projected.

BACKGROUND:

On January 26, 2021, City Council adopted the City’s 2020-2028 Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) on May 5, 2021. The Housing Element includes numerous programs that the city is required to initiate to implement the policies and achieve the quantified objectives listed in the Housing Element. Planning staff reports the status of each of the programs to HCD in the annual progress reports submitted to the State.

The proposed ordinance amendments would implement Housing Element Programs A.1- 1 and A.10-1, both of which are anticipated to incentivize the development of new affordable housing units. Program A.1-1 implements Assembly Bill 1397 (AB 1397) which requires the City to provide by-right approval for projects that reserve twenty percent (20%) of the units for lower income households on eligible sites listed in this program.

Program A.10-1 directs staff to update AGMC Section 16.82 to be consistent with current State law regarding density bonuses for residential development. Density bonus is a State

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Item 10.a.

City Council
Development Code Amendments to Implement Housing Element Programs and Finding that this Action is Not a Project Under the California Environmental Quality Act Pursuant to State Guidelines Section 15061
August 13, 2024

Page 2 ends

law that allows a developer to build residential units at a higher density than would otherwise be allowed by the Municipal Code when a certain percentage of the units in the project are reserved for lower income households. For example, a housing development that proposes to reserve ten percent (10%) of the units for low-income households is entitled to a 20% density bonus.

California Government Code Section 65915 establishes regulations for residential density bonuses and requires every local agency to adopt an ordinance to implement these regulations. Last updated in 2007, AGMC Section 16.82 is no longer consistent with State law regarding density bonus with the passing of various state laws relating to the same, including AB 1763 (2019), AB 2345 (2020), and AB 1287 (2023), among others. Recent changes to State density bonus laws include increases to the maximum available density bonuses, the number of incentives and concessions available to an affordable housing developer, and a new secondary density bonus that was established by AB 1287.

The projections developed during the production of the Housing Element estimates that this development code amendment implementing the two programs has the potential to produce 18 extremely low-income units, 37 very low-income units, and 63 low-income units.

Planning Commission Review
The ordinance amendments were considered by the Planning Commission at a special meeting of the Commission on July 30, 2024. The Planning Commission adopted a resolution recommending the City Council adopt the amendments as proposed by staff.

ANALYSIS OF ISSUES:

Program A.1-1 – “By Right” Review of 20% Affordable Housing Projects on Certain Sites AB 1397 was adopted in September 2017 to create new state regulations related to Housing Elements, including requirements surrounding the sites inventory. Among other changes to state law, AB 1397 amended Government Code section 65583.2, and imposed certain requirements on “reuse sites,” meaning sites available and identified on the City’s Housing Element to accommodate housing needs but which sites were not approved for development in previous housing element cycles. (See Gov. Code section 65583.2(c)) To comply with AB 1397, the proposed Development Code Amendment (DCA) to Title 16 of the AGMC includes provisions to allow “by right” approval for projects that reserve 20% of the units for lower income households if the projects are located on sites that are reuse sites from the previous Housing Element cycles. There are four (4) parcels that fit this criterion, and are listed in Program A.1-1:
 APN 077-011-010 – 700 Oak Park Blvd.
 APN 077-204-028 – 280 S Halcyon Rd.
 APN 077-211-022 – 1125, 1131, 1133 E Grand Ave.

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Item 10.a.

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 APN 077-221-031 – 1019 E Grand Ave.

Under AB 1397 and this DCA, “by right” means that the local government’s review of an owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” under the California Environmental Quality Act (CEQA). However, “use by right” does not exempt the use from design review for objective criteria.

The DCA was drafted in a way that the by right approval would occur concurrently with the issuance of the building permit for the project. The typical reviews by the Planning, Building and Life Safety, and Engineering Divisions would still occur to ensure compliance with applicable standards found in the City’s Municipal Code and State Building Codes, but the process will be streamlined by eliminating the discretionary approval step that is typically included in the process.

As outlined in Program A.1-1, all projects with 20% low or very low units would be approved by right, without discretionary review. Implementing this Program incentivizes developers to provide more affordable housing than required by the City’s inclusionary housing ordinance, which requires that a development reserve either 5% of units for very low-income households, 10% for low-income households, or 15% moderate income households. Adoption of the Ordinance is anticipated to benefit the City by increasing affordable housing stock and move closer to attaining the City’s Regional Housing Needs Assessment (RHNA) goals for affordable housing, as established by the adopted Housing Element.

State Density Bonus Law
Due to the ever-evolving nature of State Density Bonus Law, this DCA proposes to adopt State law by reference, preventing the need to update the Municipal Code every time State law changes. This section of the Government Code does not afford the City any discretion in its application of the density bonus law, therefore adopting the law by reference minimizes the amount of future staff time required to maintain AGMC Section

16.82 in compliance with State law.

Recent Changes to Density Bonus Law
For additional context to support the decision to adopt density bonus law by reference, this section of the staff report will summarize recent changes to the law. For example, effective as of January 1, 2024, AB 1287 allows for an additional density bonus on top of the existing maximum fifty percent (50%) density bonus provided by State Density Bonus Law. The bonus is “stackable,” meaning that Density Bonus Law allows an additional density bonus of 20% to 50% when a project provides an additional set-aside of Very Low Income or Moderate-Income units, as set forth in the tables of Government Code Section 65915(v). Additionally, AB 1287 increases the number of available incentives or concessions for certain mixed-income and one hundred percent (100%) affordable

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Item 10.a.

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housing developments, with the number of incentives being increased by one for both project types.

The additional density bonus is applicable for both rental and for-sale housing developments. The City will apply the density bonus tables of Government Code Section 65915(f) and (v) to implement density bonus law. This would allow for projects to potentially obtain a total 100% density bonus by providing the initial percentage of affordable units to secure an initial 50% density bonus, and then a secondary percentage of affordable units in order to obtain an additional density bonus of up to 50%. Once the set-aside requirements are met to receive the maximum 50% “primary” density bonus, an applicant may request the additional density bonus available through AB 1287. The additional density bonus will be available to projects which meet the following minimum set asides:
 Rental or for sale housing developments which provide 15 % of the total units to Very Low-Income households.
 Rental or for sale housing developments which provide 24 percent of the total units to Lower Income households.
 For sale housing developments which provide 44 percent of the total units to Moderate Income households.

The additional density bonus per AB 1287 will be granted to rental or for-sale projects that meet the minimum affordability requirements listed above and also meet certain additional set-aside percentages specified in Government Code Section 65915(v)(2).

Incentives and Concessions
AB 1287 increases the number of available incentives or concessions for mixed-income, and 100% affordable housing developments, as defined in Government Code Section 65915(b)(1)(G). Available incentives are updated to include the following:
 Four (4) incentives or concessions for mixed-income projects that include at least 16 percent of the units for Very Low Income households in a development in which the units are for rent or for sale or at least 45% of the units for Moderate Income households in a development in which the units are for sale.  Five (5) incentives or concessions for a project meeting the criteria of a 100% affordable housing development.

Next Steps
Introduction of the Ordinance will allow the City Council to schedule its adoption at a subsequent meeting. The Ordinance would then become effective 30 days after adoption.

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Item 10.a.

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ALTERNATIVES:

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

1. Introduce and conduct the first reading by title only, waiving further reading of an Ordinance entitled, “An Ordinance of the City Council of the City of Arroyo Grande Adding Section 16.52.270 Relating to Implementation of AB 1397 and Amending Chapter 16.82 of the Arroyo Grande Municipal Code Relating to State Density Bonus Law and Finding the Ordinance Exempt from the California Environmental Quality Act”; or

2. Provide other direction to staff.

ADVANTAGES:

The DCA will implement two housing programs from the City’s Housing Element that incentivize the development of affordable housing to supplement the existing affordable housing stock while helping the City meet its Regional Housing Needs Assessment targets.

DISADVANTAGES:

No disadvantages has been identified.

ENVIRONMENTAL REVIEW:

The ordinance amendment 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. The DCA allows for the ministerial review of housing projects on certain sites specified in the Housing Element and ministerial projects are not subject to CEQA. An update to the Municipal Code related to density bonuses is also exempt because this action cannot cause a physical change to the environment on its own. 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:

A public hearing notice was published on August 2, 2024, in the New Times, and the Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.

ATTACHMENTS:

1. Proposed Ordinance entitled, “An Ordinance of the City Council of the City of Arroyo Grande Adding Section 16.52.270 Relating to Implementation of AB 1397 and Amending Chapter 16.82 of the Arroyo Grande Municipal Code

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Item 10.a.

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Relating to State Density Bonus Law and Finding the Ordinance Exempt from the California Environmental Quality Act”

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65501.00002\42459178.6
ATTACHMENT 1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING SECTION 16.52.270
RELATING TO IMPLEMENTATION OF AB 1397 AND
AMENDING CHAPTER 16.82 OF THE ARROYO GRANDE

MUNICIPAL CODE RELATING TO STATE DENSITY

BONUS LAW AND FINDING THE ORDINANCE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, on May 5, 2021, the California Department of Housing and Community Development certified the City’s sixth cycle (2020-2028) Housing Element; and
WHEREAS, the Housing Element profiles the City’s compliance with various state housing laws, including Senate Bill 2; and
WHEREAS, Housing Element Program A.1-1 directs the City to amend the Municipal Code to comply with Assembly Bill 1397 to allow ministerial approval of housing projects where at least twenty percent of the units are affordable to lower income household on parcels identified in this program; and
WHEREAS, Housing Element Program A.10-1 directs the City to amend the Municipal Code relating to density bonuses to comply with current State law; and WHEREAS, this Ordinance adds section 16.52.270 to allow ministerial review of housing projects that are consistent with AB 1397 and amends section 16.82 to specify that the City adopts State density bonus law by reference; and WHEREAS, on July 30, 2024, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the ordinance. Following the public hearing, the Planning Commission voted to forward the ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on August 13, 2024, the City Council conducted a duly noticed public hearing to consider the ordinance, including: (1) the public testimony and agenda reports prepared in connection with the ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on August 13, 2024 introduced this Ordinance to add Section 16.52.270 and amend Section 16.82 of Title 16 of the Arroyo Grande Municipal Code; and WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.

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ORDINANCE NO.

PAGE 2

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

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

SECTION 2. Environmental. The City Council finds that this ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2) and 15061(b)(3) 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. The DCA allows for the ministerial review of housing projects on certain sites specified in the Housing Element and ministerial projects are not subject to CEQA. An update to the Municipal Code related to density bonuses is also exempt because this action cannot cause a physical change to the environment on its own. 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.

SECTION 3. Required Findings. In accordance with section 16.16.040(E) 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.

Specifically, Housing Element program A.1-1 compels the City to comply with AB 1397 by allowing ministerial review of housing projects that meet certain criteria. This ordinance effectuates and implements program A.1-1 by specifying the parcels in which these provisions apply and encourages the development of affordable housing to meet targets established in the Housing Element. Additionally, program A.10-1 directs the City to update the Municipal Code to comply with State density bonus law. This ordinance effectuates and implements program A.10-1 by adopting State law by reference as it relates to density bonuses. For these reasons, the ordinance’s amendments to the AGMC are consistent with the General Plan and necessary and desirable to implement the provisions thereof.

2. Health, Safety, and Welfare; Illogical Land Use Pattern. Adoption of the ordinance will not adversely affect the public health, safety, and welfare as it updates the AGMC to allow ministerial review of affordable housing projects on site that were previously evaluated for their ability to accommodate affordable housing and adopting State density bonus law by reference to ensure that the AGMC is consistent with the City’s Housing Element. Finally, this ordinance will not result in an illogical land use pattern as it is not amending the City’s zoning map.

3. Consistency with Title 16. This ordinance is consistent with the purpose and intent of AGMC Title 16 because while it does amend the type of permit required for certain affordable housing projects, it does not alter or revise the type or intensity of

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ORDINANCE NO.

PAGE 3
allowed uses and ensures that the provisions thereof are consistent with the City’s Housing Element.

4. Environmental. See Section 2 above.

SECTION 4. Code Amendment. Section 16.52.270 is hereby added in its entirety to Title 16, Chapter 52 of the Arroyo Grande Municipal Code to read as follows:

16.52.270 – By-Right Housing Projects
A. Purpose and Intent. It is the purpose of this section to facilitate the development of qualifying affordable housing units by implementing Program A.1-1 from the City of Arroyo Grande 2020-2028 Housing Element (“Program A.1-1”) and codifying the statutory requirements found in California Government Code section 65583.2(c) governing the same.

B. Applicability. This section applies to the following sites listed in Program A.1-1:

Assessor’s Parcel Numbers (APNs) 077-011-010, 077-204-028, 077-211-022, and 077-221-031.

C. Effect. Residential projects allowed as a use by right under this section shall be exempt from discretionary review and any corresponding discretionary permits that would otherwise be required by Chapter 16.16 of this Code. For purposes of this section, “use by right” has the same meaning as provided in Government Code section 65583.2(i).

D. Requirements. A proposed owner-occupied or multifamily residential project shall be allowed as a use by right under this section if all of the following requirements are satisfied:

1. The project is located on a site listed in subsection (B) above.

2. The project complies with all applicable objective City policies, development standards, and design standards established in the General Plan or Development Code. Where there is a conflict between other City requirements and this section, the provisions of this section apply.

3. The minimum residential density is 20 dwelling units per acre.

4. At least 20 percent of the units are affordable to lower income households in accordance with Government Code section 65583.2(c).

SECTION 5. Code Amendment. Chapter 16.82 of the Arroyo Grande Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):

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ORDINANCE NO.

PAGE 4
Chapter 16.82. – Density Bonuses

16.82.010. - Purpose and Application. The purpose of this chapter is to establish procedures for implementing allow density bonuses and other affordable housing incentives to qualifying projectsreference requirements, as set forth in California Government Code sections 65915 through Section 65918, as they may be amended, and to increase the production of affordable housing, consistent with the city's goals, objectives, and policies.

16.82.020. - Density Bonus. The density bonuses and other affordable housing incentives required by State law, including but not limited to, Government Code section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.

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

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

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

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

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

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

AYES:

NOES:

ABSENT:
the foregoing Ordinance was adopted this ____ day of _______, 2024.

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ORDINANCE NO.

PAGE 5
___________________________________

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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Item 11.a.

MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Adoption of a Vision Statement and Guiding Principles for the Comprehensive General Plan Update and Finding this Action is Not a Project Under the California Environmental Quality Act
DATE: August 13, 2024
RECOMMENDATION:
1) Adopt a vision statement and guiding principles for the General Plan Update; and 2) Find this action is not a project under the California Environmental Quality Act (CEQA) Section 15061(b).

IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:

The financial and personnel impacts associated with the adoption of the vision statement are included in the budget for the Comprehensive General Plan Update.

BACKGROUND:

On March 28, 2023, Council approved a consultant services agreement with Mintier Harnish, a planning consultant firm based out of Sacramento, to assist City staff with the Comprehensive General Plan Update. The update is anticipated to take three years to complete, and also includes an update to the Climate Action Plan, an Alternatives Report, evaluation of development standards, an East Grand Avenue Corridor Overlay District, objective design standards, development code update, retail market analysis, and market demand study.

The project scope is divided among eleven (11) phases. The first three phases (Project Initiation, Public Outreach Strategy, and Background Data and Analysis) are complete and the visioning phase represents the fourth phase of the project. The vision statement and guiding principles should reflect what community members value most about their community and the shared aspirations of how they envision their community developing during the lifespan of the General Plan. The vision statement should be inspirational and set the key values and aspirations for the guiding principles. The guiding principles should

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Item 11.a.

City Council
Adoption of a Vision Statement and Guiding Principles for the Comprehensive General Plan Update and Finding this Action is Not a Project Under the California Environmental Quality Act
August 13, 2024

Page 2 ends

provide more specific guidance that establishes the foundation for the General Plan’s goals, policies, and programs.

A General Plan visioning workshop was held on February 28, 2024, to solicit information from the public about their vision for their community. A series of interactive exercises were designed to obtain community feedback, which was ultimately used to develop the draft vision statements and guiding principles for consideration during the study session.

An online survey to gather community input on the draft vision statement and guiding principles was active between June 17, 2024, and July 31, 2024. The survey garnered 189 responses. A summary of the responses is included as Attachment 1.

Feedback received from the public from February 2024 through May 2024 highlights the community’s values, aspirations, and concerns, and provides a foundation for future planning and development. An evaluation of the public comment revealed six (6) major themes:

1. Preservation of Historic Charm and Community Identity

2. Recreation and Community Spaces

3. Inclusivity and Diversity

4. Infrastructure and Smart Growth

5. Economic Development and Local Business

6. Environmental Sustainability
The guiding principles for this project have been developed around these themes. The input collected from the public workshop, online survey, and Planning Commission study session should be considered by City Council, in the adoption of one (1) vision statement and one guiding principle for each of the six (6) major themes. The feedback obtained from the online survey are provided in Attachment 1.

Planning Commission Study Session
On July 2, 2024, a Planning Commission study session was held to receive public comment and discuss the options presented for the vision statement and guiding principles. For the purposes of the study session discussion, three (3) vision statements and two (2) guiding principles for each of the six (6) major themes were provided for the Planning Commission’s consideration. Minutes from that meeting are provided as Attachment 2.

ANALYSIS OF ISSUES:

After a robust discussion, including recognition of the preferences that came out of the community survey, the Planning Commission revised staff’s recommendations, resulting in one vision statement and six guiding principles being forwarded Council for its consideration. Council can adopt the following statements as presented or revise them as appropriate.

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Item 11.a.

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Vision Statement
A vision statement is an aspirational description of what the community would like to be in the future. It is a summary of high-level goals to be achieved by the updated General Plan.

The visioning process is valuable in identifying issues important to the community and in providing early direction for alternative development and analysis.

During its discussion, Planning Commission identified three main priorities that need to be included in the vision statement: revitalization of the East Grand Avenue corridor, development of a range of housing options, and prioritization of infrastructure to facilitate multi-modal transportation options. It was also noted by the Commission that a reference to the city’s parks and recreation facilities should be included in the statement but did not specify the exact language. The statement below includes a sentence added by staff about these amenities that is intended to capture the sentiment of the Commission’s discussion. The vision statement for Council’s consideration reads as follows:
 The City of Arroyo Grande is a welcoming and vibrant community that takes pride in its charming character while celebrating its citizens and valuing its visitors. The City maintains public parks and recreational facilities to serve individuals of all ages and abilities and is designed to be walkable and bike-friendly, reducing the need for driving and promoting a healthier lifestyle. Arroyo Grande features a historic Village and lively and accessible East Grand Avenue. The City’s dedication to strategic growth ensures a diverse housing supply which complements market demands while embracing people of all ages, incomes, and backgrounds.

Guiding Principles
Guiding principles should express the key values and aspirations for Arroyo Grande’s future and act as guideposts for the goals, policies, and implementation measures contained within the General Plan. These principles expand on the main ideas contained in the vision statement so that important concepts are given more weight. Guiding principles are purposefully broad to guide the city throughout development of the updated General Plan. All General Plan goals, policies, and implementation programs need to be consistent with the Vision and Guiding Principles.

The Planning Commission’s recommendation for the six (6) guiding principles, one for each of the themes identified during the evaluation of public comment, are provided for the Council’s consideration. The options provided to the Planning Commission for purposes of the study session discussion are also included in the following sections for reference.

Guiding Principle #1: Preservation of Community Pride and Identity.

Planning Commission Options:
 Option 1: Prioritize the preservation of historic resources and landmarks

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to recognize the unique history and character of Arroyo Grande. Promote community events, education, and engagement to foster a strong sense of pride. Encourage quality local businesses, restaurants, and cultural events that balance the City’s small-town feel with the need for inclusivity, equity, and growth.
 Option 2: Maintain an historic charm by preserving and enhancing historic landmarks and fostering a close- knit, welcoming community. Support the development of a lively Village and East Grand Avenue with local businesses, restaurants, and cultural events, creating social gathering places where neighbors can connect and celebrate the City’s history.

The Planning Commission preferred Option 1 indicating that it struck a good balance between the City’s history and its current identity, whereas Option 2 leaned too heavily into the past. Agricultural heritage is an aspect of the community that the Commission wanted included in this statement but did not provide specific language for its inclusion. Therefore, the mention of agricultural heritage in the first sentence was an addition by staff to recognize the intent of the Commission. The Planning Commission’s recommendation for this guiding principle is:
 Prioritize the preservation of historic resources and landmarks to recognize the unique history, character, and agricultural heritage of Arroyo Grande. Promote community events, education, and engagement to foster a strong sense of pride.

Encourage quality local businesses, restaurants, and cultural events that incorporate the City’s small-town feel with the need for inclusivity, equity, and growth.

Guiding Principle #2: Recreation and Community Spaces.

Planning Commission Options:
 Option 1: Invest in public parks, community gathering spaces, and recreational facilities to provide inclusive spaces for all ages. Expand and maintain safe bike lanes and interconnected walking and biking trails to promote healthy, active lifestyles and reduce car reliance.  Option 2: Support physical activity, social interactions, and events by enhancing and maintaining public parks, recreation trails, and community spaces.

The Planning Commission unanimously preferred Option 1 because of its emphasis on parks and recreational facilities and promotion of multi-modal transportation options. The Planning Commission’s recommendation for this guiding principle is:

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Arroyo Grande City CouncilAugust 13, 2024

Arroyo Grande City Council
August 13, 2024