CITY COUNCIL MEETING
AGENDA SUMMARY
Tuesday, February 11, 2025, 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://arroyogrande-org.zoom.us/webinar/register/WN_NRsyFrUIQ_6179_iBTyDVA Please click the link above to register to join the Zoom Meeting This City Council meeting is being conducted in a hybrid in-person/virtual format. Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time. Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for any reason. Members of the public may participate and provide public comment on agenda items during the meeting in person at the location identified above, by joining the Zoom meeting, or by submitting written public comments to the Clerk of the Council at [email protected]. Meetings will be broadcast live on Channel 20 and streamed on the City’s Website.
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- EXISTING LITIGATION:
(Paragraph (1) of subdivision (d) of Government Code § 54956.9) Name of Case: San Luis Obispo Coastkeeper, et. al v. County of San Luis Obispo, U.S. District Court Central District of California (Western Division – Los Angeles), Case No. 2:24-cv-06854-SPG-AS
6. ADJOURNMENT
REGULAR MEETING 6:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Webelos Den, Cub Scout Pack 13
5. AGENDA REVIEW
5.a Closed Session Announcements
City Attorney Rosen will announce any reportable action from the following meeting:
February 11, 2025
a) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
(Paragraph (1) of subdivision (d) of Government Code § 54956.9) Name of Case: San Luis Obispo Coastkeeper, et. al v. County of San Luis Obispo, U.S.
District Court Central District of California (Western Division – Los Angeles), Case No. 2:24- cv-06854-SPG-AS
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 Recognition of Outgoing City Commissioners, Committee and Board Members
6.b Mayor’s Commendation Honoring Toni Pelletier
6.c City Manager Communications
(DOWNING)
Recommended Action:
Receive correspondence/comments as presented by the City Manager and Provide direction, as necessary.
7. CITY COUNCIL REPORTS
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 registering and joining the Zoom meeting utilizing the link provided below. Once in the meeting, please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to register to join the webinar: https://arroyograndeorg.zoom.us/webinar/register/WN_NRsyFrUIQ_6179_iBTyDVA •
After registering, you will receive a confirmation email containing information about joining the webinar.
•
Please be advised that while the City will endeavor to ensure these remote participation methods are available, the City does not guarantee that they will be technically feasible or work all the time.
Further, the City reserves the right to terminate these remote participation methods (subject to Brown Act restrictions) at any time and for any reason. Please attend in person or submit your comment via email to the City Clerk by 2:00 p.m. the day of the meeting to have it included as part of the record.
The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may:
• Direct City staff to assist or coordinate with you.
• A Council Member may state a desire to meet with you.
It may be the desire of the Council to place your issue or matter on a future Council agenda.
•
Please adhere to the following procedures when addressing the Council:
• Comments should be limited to 1 minute 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 January 1 through January 15, 2025.
9.b Statement of Investment Deposits for December 2024
(VALENTINE)
Recommended Action:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of December 31, 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 January 28, 2025, as submitted.
9.d Appointments to Tourism Business Improvement District Advisory Board and Architectural Review Committee
(MATSON)
Recommended Action:
1) Adopt a Resolution appointing Tricia Kesselring to the Tourism Business Improvement District (TBID) Advisory Board and Mike Harris to the Architectural Review Committee (ARC); and
2) Determine that approving the appointments to the Tourism Business Improvement District Advisory Board and the Architectural Review Committee 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)-(3), 15378.).
9.e Traffic Way Bridge Compensatory Mitigation Memorandum of Understanding (ROBESON)
Recommended Action:
Adopt a Resolution authorizing the City Manager to execute the proposed Memorandum of Understanding (MOU) with the Land Conservancy of San Luis Obispo County (“Land Conservancy”) to contribute funds to support long-term maintenance of the Black Lake Ecological Area (“Black Lake Project”) as environmental mitigation for the Traffic Way Bridge Replacement Project.
9.f Summary Vacation of a Public Equestrian Easement on Ridgeview Way (PEDROTTI)
Recommended Action:
1) Adopt a Resolution summarily vacating the public equestrian easement pursuant to summary vacation procedures set forth in Streets and Highways Code Section 8330 et seq; and
2) Find that the action is not a project under CEQA or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (“common sense exemption”).
9.g Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless Telecommunication Facilities
(PEDROTTI)
Recommended Action:
1) Adopt an Ordinance amending Arroyo Grande Municipal Code regarding wireless telecommunication facilities; and
2) Find that the “project” is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15061(b)(3), 15378 and in the alternative, State CEQA Guidelines sections 15301, 15302, 15303 and 15304.
10. PUBLIC HEARINGS
10.a Final Approval of Community Development Block Grant Projects for Year 2025
(PEDROTTI)
Recommended Action:
1) Adopt a Resolution Recommending to the County Board of Supervisors Approval of Community Development Block Grant (CDBG) Projects for Year 2025; and 2) Find that the preliminary approval of projects is exempt from CEQA, pursuant to CEQA Guidelines Section 15061 subd. (b)(3).
10.b Authorization of a Lease Agreement for City Property; Location – 138 E. Branch Street (PEDROTTI)
Recommended Action:
1) Adopt a Resolution authorizing the City Manager to execute a new lease agreement between the City of Arroyo Grande and Gina’s Italian Restaurant subject to any minor, technical, or non-substantive changes as approved by the City Manager in consultation with the City Attorney; and
2) Determine that the authorization of a lease agreement for the right-of-way adjacent to 138 E. Branch Street 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).
11. BUSINESS ITEMS
11.a Pre-Application for a New Hotel at 400 W. Branch Street (PEDROTTI)
Recommended Action:
Review the proposed pre-application, receive public comment, and provide preliminary comments to the applicant.
12. COUNCIL COMMUNICATIONS
Any Council Member may ask a question for clarification, make an announcement, or report briefly on his or her activities. In addition, subject to Council policies and procedures, Council Members may request staff to report back to the Council at a subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least two other Council Members.
13. 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 Website and recorded for replay on Arroyo Grande’s Government Access Channel 20.
SPECIAL PRESENTATIONS:
6.a. Recognition of Outgoing City Commission, Committee and Board Members
PLANNING COMMISSION & ARCHITECTURAL REVIEW COMMITTEE
Bruce Berlin (2023 – 2025 PC) (2014-2023 ARC)
DOWNTOWN PARKING ADVISORY BOARD
Alex Creswell (2023 – 2025)
Daryl Cope (2021 – 2025)
TOURISM BUSINESS IMPROVEMENT DISTRICT
Greg Dutson (2023 – 2025)
Item 6.b.
Item 9.a.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Director of Administrative Services SUBJECT: Cash Disbursement Ratification
DATE: February 11, 2025
RECOMMENDATION:
Review and ratify the attached listing of cash disbursements for the period of January 1 through January 15, 2025.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is a $1,251,149.18 fiscal impact for the period of January 1 through January 15, 2025, that includes the following items:
Accounts Payable Checks $768,594.47
Payroll & Benefit Checks $482,554.71
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 2024-25 budget.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation; or
3. Provide other direction to staff.
Item 9.a.
City Council
Cash Disbursement Ratification
February 11, 2025
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. January 1 through January 15, 2025 – Accounts Payable Check Register
2. January 10, 2025 – Payroll & Benefit Check Register
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:010225PY TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 100723 CA ST EMPLOYMENT DEVEL DEPT
01/10/25 303508 M 01/08/25 110 2108 STATE WITHHOLDING 27,214.13 INVOICE: PPE 01.02.25
01/10/25 303508 M 01/08/25 110 2111 STATE DISABILITY INSURANC 6,211.51 INVOICE: PPE 01.02.25
105981 CA STATE DISBURSEMENT UNIT
01/10/25 303510 M 01/08/25 110 2114 GARNISHMENTS 230.76 INVOICE: PAYDAY 01.10.25
01/10/25 303510 M 01/08/25 110 2114 GARNISHMENTS 154.15 INVOICE: PAYDAY 01.10.25
01/10/25 303510 M 01/08/25 110 2114 GARNISHMENTS 16.15
INVOICE: PAYDAY 01.10.25
100039 CITY OF ARROYO GRANDE
01/10/25 303509 M 01/08/25 110 2105 SOCIAL SECURITY 68,605.08 INVOICE: PPE 01.02.25
01/10/25 303509 M 01/08/25 110 2105 SOCIAL SECURITY 16,379.18 INVOICE: PPE 01.02.25
01/10/25 303509 M 01/08/25 110 2104 FEDERAL WITHHOLDING 66,058.88 INVOICE: PPE 01.02.25
101730 PERS - ACTIVE MED
01/08/25 303474 M 01/08/25 110 2109 HEALTH INSURANCE 161,246.13 INVOICE: 1-17772813
01/08/25 303474 M 01/08/25 110 2109 HEALTH INSURANCE 269.73 INVOICE: 1-17772813
01/08/25 303474 M 01/08/25 100 1111 ACCOUNTS RECEIVABLE - FCF 117.28 INVOICE: 1-17772813
01/08/25 303474 M 01/08/25 10014099 5136 RETIREES HEALTH INSURANCE 7,217.91 INVOICE: 1-17772813
01/08/25 303474 M 01/08/25 100 1111 ACCOUNTS RECEIVABLE - FCF 803.45 INVOICE: 1-17772813
01/08/25 303474 M 01/08/25 22064303 5136 RETIREES HEALTH INSURANCE 639.05 INVOICE: 1-17772813
01/08/25 303475 M 01/08/25 110 2109 HEALTH INSURANCE 864.75 INVOICE: 1-17772816
01/08/25 303475 M 01/08/25 10014145 5131 HEALTH INSURANCE 2.08 INVOICE: 1-17772816
100729 PERS - RETIREMENT
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 24,378.94 INVOICE: PPE 01.02.25
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:010225PY TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 19,328.10 INVOICE: PPE 01.02.25
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 19,175.28 INVOICE: PPE 01.02.25
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 12,330.13 INVOICE: PPE 01.02.25
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 16,287.41 INVOICE: PPE 01.02.25
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 8,154.87 INVOICE: PPE 01.02.25
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 7,659.92 INVOICE: PPE 01.02.25
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 6,455.44 INVOICE: PPE 01.02.25
01/10/25 303511 M 01/08/25 110 2106 PERS RETIREMENT 524.49 INVOICE: PPE 01.02.25
115959 STERLING ADMINISTRATION
12/10/24 303476 M 01/08/25 10014145 5131 HEALTH INSURANCE 52.50 INVOICE: 825309
12/27/24 303477 M 01/08/25 110 2127 FLEXIBLE SPENDING ACCOUNT 1,744.98 INVOICE: 829885
01/10/25 303512 M 01/13/25 110 2127 FLEXIBLE SPENDING ACCOUNT 2,016.23 INVOICE: 835303
REPORT TOTALS 474,138.51
COUNT AMOUNT
TOTAL MANUAL CHECKS 9 474,138.51
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:010325 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 103307 AFLAC INSURANCE
12/25/24 303448 P 01/03/25 110 2126 SUPPLEMENTAL INSURANCE 687.12 INVOICE: 460243
100719 ARROYO GRANDE POLICE ASSN
12/27/24 303449 P 01/03/25 110 2116 POLICE ASSOCIATION DUES 2,741.90 INVOICE: DECEMBER 2024
105315 ASCAP
12/20/24 303450 P 01/03/25 10014003 5319 SERVICES-MISCELLANEOUS 445.67 INVOICE: 500581207 2025
106607 AT&T
12/25/24 303451 P 01/03/25 10014145 5403 TELECOMMUNICATIONS 31.15 INVOICE: 000022786913
100090 BRISCO MILL & LUMBER YARD
11/13/24 303452 P 01/03/25 64054712 5610 MAINTENANCE-LINES & PUMPS 108.88 INVOICE: 189612
107958 BURNS, JEREMY
11/21/24 303453 P 01/03/25 10034204 5501 TRAVEL/CONFERENCE/TRAININ 225.00 INVOICE: 01/27/25-1/29/25
112669 BURT INDUSTRIAL SUPPLY INC
12/19/24 303454 P 01/03/25 61254610 5610 MAINTENANCE-LINES & PUMPS 368.02 INVOICE: 154011
100134 CA ST DEPT OF JUSTICE
11/05/24 303455 P 01/03/25 10034204 5329 LIVE SCAN FINGERPRINTING 162.00 INVOICE: 773140
11/05/24 303455 P 01/03/25 10054307 5316 JOB RECRUITMENT EXPENSE 32.00 INVOICE: 773140
107085 CALPORTLAND CONSTRUCTION
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:010325 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 12/11/24 303456 P 01/03/25 64054712 5610 MAINTENANCE-LINES & PUMPS 322.83 INVOICE: 96593852
12/12/24 303456 P 01/03/25 64054712 5610 MAINTENANCE-LINES & PUMPS 466.87 INVOICE: 96596518
12/12/24 303456 P 01/03/25 64054712 5610 MAINTENANCE-LINES & PUMPS 371.25 INVOICE: 96596519
100171 CLINICAL LABORATORY OF
12/17/24 303457 P 01/03/25 64054710 5310 WATER TREATMENT SERVICES 905.00 INVOICE: 1010395
100174 COASTLINE EQUIPMENT
12/18/24 303458 P 01/03/25 10054305 5601 MAINTENANCE-VEHICLES 57.83 INVOICE: 1197374
114237 ESTRADA, ANTHONY
12/17/24 303459 P 01/03/25 10034204 5501 TRAVEL/CONFERENCE/TRAININ 375.00 INVOICE: 1/6/25-1/10/25
107743 FAMCON PIPE AND SUPPLY INC
12/12/24 303460 P 01/03/25 64054712 5610 MAINTENANCE-LINES & PUMPS 337.84 INVOICE: S100143610.001
12/10/24 303460 P 01/03/25 64054712 5610 MAINTENANCE-LINES & PUMPS 1,409.27 INVOICE: S100143766.001
106135 FIVE CITIES PROF. FIREFIGHTERS
12/27/24 303470 T 01/03/25 110 2115 FIRE EMPLOYEE DUES 3,515.00 INVOICE: DECEMBER 2024
100499 GRAND AWARDS, INC
12/09/24 303461 P 01/03/25 10014101 5319 SERVICES-MISCELLANEOUS 432.64 INVOICE: 33702
12/09/24 303461 P 01/03/25 10014001 5201 SUPPLIES-OFFICE 410.00 INVOICE: 33702
12/09/24 303461 P 01/03/25 10014110 5201 SUPPLIES-OFFICE 11.60 INVOICE: 33702
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:010325 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 100726 ICMA RETIREMENT CORP, PLAN ID 302419
12/27/24 303471 T 01/03/25 110 2117 DEFERRED COMPENSATION 2,271.24 INVOICE: 6811695
12/27/24 303471 T 01/03/25 110 2117 DEFERRED COMPENSATION 22,178.42 INVOICE: 6811695
12/27/24 303471 T 01/03/25 110 2117 DEFERRED COMPENSATION 916.66 INVOICE: 6811695
12/27/24 303471 T 01/03/25 110 2117 DEFERRED COMPENSATION 185.00 INVOICE: 6811695
12/27/24 303471 T 01/03/25 110 2117 DEFERRED COMPENSATION 1,122.01 INVOICE: 6811695
999999 ONE TIME PAY
10/03/24 303462 P 01/03/25 10004000 4521 GENERAL PLAN UPDATE FEE 11.64 INVOICE: 01-44002
10/03/24 303462 P 01/03/25 10004000 4522 TECHNOLOGY FEE 7.76 INVOICE: 01-44002
10/03/24 303462 P 01/03/25 10004000 4512 SIGN REVIEWS 388.00 INVOICE: 01-44002
100732 S.E.I.U. LOCAL 620
12/27/24 303472 T 01/03/25 110 2118 S.E.I.U. EMPLOYEE DUES 1,634.10 INVOICE: DECEMBER 2024
116353 SCHUUR, SEAN
10/23/24 303463 P 01/03/25 10034201 5501 TRAVEL/CONFERENCE/TRAININ 721.25 INVOICE: 839352
100550 SLO COUNTY AIR POLLUTION
12/18/24 303464 P 01/03/25 61254610 5303 CONTRACTUAL SERVICES 837.92 INVOICE: 24142
12/18/24 303464 P 01/03/25 22064303 5303 CONTRACTUAL SERVICES 837.92 INVOICE: 24142
12/18/24 303464 P 01/03/25 64054712 5303 CONTRACTUAL SERVICES 419.00 INVOICE: 24142
100605 SOCALGAS
12/23/24 303465 P 01/03/25 10014145 5401 UTILITIES 14.30 INVOICE: 07611524005 12/23
12/27/24 303465 P 01/03/25 10014145 5401 UTILITIES 56.32 INVOICE: 19351491006 12/27
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:010325 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 12/27/24 303465 P 01/03/25 10014145 5401 UTILITIES 59.52 INVOICE: 14501439005 12/27
12/30/24 303465 P 01/03/25 10014145 5401 UTILITIES 161.76 INVOICE: 05281491315 12/30
100613 STATEWIDE SAFETY & SIGNS INC
11/04/24 303466 P 01/03/25 64054712 5610 MAINTENANCE-LINES & PUMPS 323.05 INVOICE: 03024709
113174 TCA TOOLS INC
12/23/24 303467 P 01/03/25 10054305 5273 SMALL TOOLS 140.34 INVOICE: 122324135263
109403 US BANK OF CALIFORNIA
12/27/24 303473 T 01/03/25 110 2107 PARS RETIREMENT 708.43 INVOICE: PPE 12.19.24
12/27/24 303473 T 01/03/25 110 2107 PARS RETIREMENT 177.11 INVOICE: PPE 12.19.24
102609 WATERBOYS PLUMBING
12/16/24 303468 P 01/03/25 22654306 5303 CONTRACTUAL SERVICES 760.00 INVOICE: 30806
114673 WHITE BRENNER LLP
12/12/24 303469 P 01/03/25 64054710 5575 INSURANCE CLAIMS/SETTLEME 71.75 INVOICE: 51340
REPORT TOTALS 47,420.37
COUNT AMOUNT
TOTAL PRINTED CHECKS 22 14,712.40
TOTAL EFT TRANSFERS 4 32,707.97
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:011025 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 115856 A-1 WATER
12/06/24 303478 P 01/10/25 10044424 5353 SERVICES-EVENTS 850.00 INVOICE: 29834
114672 AMAZON CAPITAL SERVICES
12/01/24 303479 P 01/10/25 10054307 5201 SUPPLIES-OFFICE 133.47 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 64054710 5201 SUPPLIES-OFFICE 133.47 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 22064303 5201 SUPPLIES-OFFICE 133.47 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10054301 5201 SUPPLIES-OFFICE 133.47 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 670.32 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10044420 5308 STREET TREES 127.94 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10044420 5255 SPECIAL DEPARTMENT SUPPLI 47.07 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10054330 5255 SPECIAL DEPARTMENT SUPPLI 34.23 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10044420 5255 SPECIAL DEPARTMENT SUPPLI 234.88 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10044420 5255 SPECIAL DEPARTMENT SUPPLI 215.45 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 22064303 5255 SPECIAL DEPARTMENT SUPPLI 172.36 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 64054712 5143 UNIFORM ALLOWANCE 258.58 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 61254610 5143 UNIFORM ALLOWANCE 86.16 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10054307 5201 SUPPLIES-OFFICE 172.36 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10054330 5255 SPECIAL DEPARTMENT SUPPLI 86.16 INVOICE: 1714-CMRX-9Q7R
12/01/24 303479 P 01/10/25 10054308 5255 SPECIAL DEPARTMENT SUPPLI 86.16 INVOICE: 1714-CMRX-9Q7R
107241 ANIMAL SERVICES
11/26/24 303480 P 01/10/25 10034201 5321 ANIMAL CONTROL SERVICES 39,079.75 INVOICE: Q2 FY 2024-25
115380 BAKER TILLY US LLP
01/03/25 303481 P 01/10/25 10014120 5303 CONTRACTUAL SERVICES 14,428.75 INVOICE: BT3030811
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:011025 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION
100057 BAKER, INC, R
12/11/24 303482 P 01/10/25 64054712 5303 CONTRACTUAL SERVICES 5,599.07 INVOICE: 866
112709 BRAND CREATIVE
12/11/24 303483 P 01/10/25 10014001 5201 SUPPLIES-OFFICE 377.13 INVOICE: 8070
100090 BRISCO MILL & LUMBER YARD
12/04/24 303484 P 01/10/25 10044420 5605 MAINTENANCE-GROUNDS 19.37 INVOICE: 189739
12/04/24 303484 P 01/10/25 22064303 5273 SMALL TOOLS 246.75 INVOICE: 189741
12/04/24 303484 P 01/10/25 22064303 5273 SMALL TOOLS 48.48 INVOICE: 189749
12/09/24 303484 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 28.65 INVOICE: 189777
100095 BURKE AND PACE OF AG, INC
12/26/24 303485 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 766.88 INVOICE: 2412-290754
12/27/24 303485 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 142.12 INVOICE: 2412-290782
102223 CIO SOLUTIONS LP
12/13/24 303486 P 01/10/25 10014140 5303 CONTRACTUAL SERVICES 4,768.00 INVOICE: 116185-124
12/13/24 303486 P 01/10/25 10014140 5303 CONTRACTUAL SERVICES 1,470.00 INVOICE: 116185-124
12/13/24 303486 P 01/10/25 10014140 5607 MAINTENANCE-COMPUTER SOFT 6,048.00 INVOICE: 116185-124
12/13/24 303486 P 01/10/25 10014140 5607 MAINTENANCE-COMPUTER SOFT 120.00 INVOICE: 116185-124
115466 CONSOR NORTH AMERICA INC
12/18/24 20250018 303487 P 01/10/25 35055679 7501 DESIGN & SURVEY 21,480.03 INVOICE: N192663CA.00-61
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:011025 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION
112568 CSG CONSULTANTS INC
12/02/24 20250024 303488 P 01/10/25 10024160 5303 CONTRACTUAL SERVICES 11,784.23 INVOICE: B242124
12/13/24 20250024 303488 P 01/10/25 10024160 5303 CONTRACTUAL SERVICES 175.00 INVOICE: 59115
12/13/24 20250024 303488 P 01/10/25 10024160 5303 CONTRACTUAL SERVICES 14,725.75 INVOICE: 59281
100240 FARM SUPPLY CO
12/26/24 303489 P 01/10/25 10054330 5255 SPECIAL DEPARTMENT SUPPLI 43.08 INVOICE: 112309
101884 FASTENAL COMPANY
12/18/24 303490 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 607.30 INVOICE: CABAR132784
115070 JD ELECTRIC
12/27/24 303491 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 647.50 INVOICE: 122724
115201 LOUIE'S KUSTOMS INC
12/13/24 303492 P 01/10/25 10034203 5601 MAINTENANCE-VEHICLES 4,006.01 INVOICE: 253
100429 MINER'S ACE HARDWARE, INC
12/26/24 303493 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 41.30 INVOICE: 552996
12/20/24 303493 P 01/10/25 10044420 5605 MAINTENANCE-GROUNDS 51.70 INVOICE: 620201
12/23/24 303493 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 141.07 INVOICE: 620317
12/23/24 303493 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 20.45 INVOICE: 620343
12/30/24 303493 P 01/10/25 10054330 5605 MAINTENANCE-GROUNDS 16.13 INVOICE: 620572
01/02/25 303493 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 37.24 INVOICE: 620695
01/02/25 303493 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 10.75 ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:011025 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION INVOICE: 620737
115783 MINTIER HARNISH LP
12/20/24 20250025 303494 P 01/10/25 10024130 5303 CONTRACTUAL SERVICES 4,430.00 INVOICE: AGGPU-19
100441 MULLAHEY FORD
12/17/24 303495 P 01/10/25 10034203 5601 MAINTENANCE-VEHICLES 1,693.83 INVOICE: 21023
100481 PACIFIC GAS & ELECTRIC CO
12/18/24 303496 P 01/10/25 10054307 5402 POWER 2,451.95 INVOICE: 8532998718-5 12/18
12/18/24 303496 P 01/10/25 64054712 5402 POWER 8,946.44 INVOICE: 8532998718-5 12/18
12/18/24 303496 P 01/10/25 64054711 5402 POWER 678.91
INVOICE: 8532998718-5 12/18
12/18/24 303496 P 01/10/25 61254610 5402 POWER 3,448.96 INVOICE: 8532998718-5 12/18
12/18/24 303496 P 01/10/25 10014145 5401 UTILITIES 13,610.95 INVOICE: 8532998718-5 12/18
12/18/24 303496 P 01/10/25 21754560 5355 PARKWAY MAINTENANCE-TR 17 14.25 INVOICE: 8532998718-5 12/18
113406 READYREFRESH BY NESTLE
01/02/25 303497 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 5.38 INVOICE: 04L0900003500
113127 ROBERT HALF
12/24/24 303498 P 01/10/25 10014120 5303 CONTRACTUAL SERVICES 1,206.21 INVOICE: 64458290
12/31/24 303498 P 01/10/25 10014120 5303 CONTRACTUAL SERVICES 1,069.25 INVOICE: 64482435
104393 SP MAINTENANCE SERVICES, INC
12/31/24 303499 P 01/10/25 22064303 5303 CONTRACTUAL SERVICES 7,342.50 INVOICE: 95909
12/31/24 303499 P 01/10/25 10054307 5303 CONTRACTUAL SERVICES 7,342.50 INVOICE: 95909
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:011025 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION
100620 STREATOR PIPE & SUPPLY
10/29/24 303500 P 01/10/25 35055556 7001 CONSTRUCTION 119.62 INVOICE: S1775229.001
10/29/24 303500 P 01/10/25 35055556 7001 CONSTRUCTION 301.66 INVOICE: S1775363.001
104666 SWRCB
12/20/24 303501 P 01/10/25 64054710 5303 CONTRACTUAL SERVICES 44,771.04 INVOICE: LW-1049959
100904 TYLER TECHNOLOGIES INC
11/06/24 20250013 303502 P 01/10/25 35055453 7301 CONTRACT ADMIN/INSPECTION 1,600.00 INVOICE: 045-492274
11/06/24 303502 P 01/10/25 35055453 7301 CONTRACT ADMIN/INSPECTION 1,600.00 INVOICE: 045-492274
11/06/24 303502 P 01/10/25 35055453 7301 CONTRACT ADMIN/INSPECTION 1,600.00 INVOICE: 045-492274
105252 ULTREX BUSINESS PRODUCTS
10/10/24 303503 P 01/10/25 10054307 5201 SUPPLIES-OFFICE 230.00 INVOICE: 4197304-CAL
106551 UNITED STAFFING ASSOC.
12/25/24 303504 P 01/10/25 10044420 5303 CONTRACTUAL SERVICES 964.54 INVOICE: 246761
01/01/25 303504 P 01/10/25 10044420 5303 CONTRACTUAL SERVICES 1,044.32 INVOICE: 247025
102137 VERIZON WIRELESS
12/04/24 303505 P 01/10/25 10044421 5602 MAINTENANCE-OFFICE EQUIPM 74.16 INVOICE: 6100310486
102609 WATERBOYS PLUMBING
12/17/24 303506 P 01/10/25 10054308 5604 MAINTENANCE-BUILDINGS 484.00 INVOICE: 31856
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:011025 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION
100699 WILSON ELECTRIC COMPANY INC, LEE
12/16/24 303507 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 1,168.00 INVOICE: 3723
11/30/24 303507 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 1,689.17 INVOICE: 2410
11/30/24 303507 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 3,794.33 INVOICE: 3719
11/30/24 303507 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 195.00 INVOICE: 3718
12/16/24 303507 P 01/10/25 10054307 5303 CONTRACTUAL SERVICES 1,635.00 INVOICE: 2411
12/16/24 303507 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 688.75 INVOICE: 3725
12/16/24 303507 P 01/10/25 22064303 5613 MAINTENANCE-STREETS & BRI 140.63 INVOICE: 3776
REPORT TOTALS 244,847.39
COUNT AMOUNT
TOTAL PRINTED CHECKS 30 244,847.39
ATTACHMENT 1
City of Arroyo Grande
PAID INVOICES REPORT
Report generated: 02/03/2025 13:34
User: nvalentine
Program ID: appdwarr
INV GROUP:011425 TO FISCAL 2025/07 07/01/2024 TO 06/30/2025
VENDOR NAME
INV DATE PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION 116282 DOWNING, MATTHEW
01/03/25 303513 P 01/14/25 10014101 5501 TRAVEL/CONFERENCE/TRAININ 729.40 INVOICE: 1/21-1/24 LOCC
116355 LOE, AILEEN
01/08/25 303514 P 01/14/25 10014001 5501 TRAVEL/CONFERENCE/TRAININ 729.40 INVOICE: 01/21-01/24 LOCC
110885 MARAVIGLIA, JAMIE
01/08/25 303515 P 01/14/25 10014001 5501 TRAVEL/CONFERENCE/TRAININ 729.40 INVOICE: 01/21-01/24 LOCC
REPORT TOTALS 2,188.20
COUNT AMOUNT
TOTAL PRINTED CHECKS 3 2,188.20
** END OF REPORT - Generated by Nicole Valentine **
ATTACHMENT 1
.
General Fund 425,323.03 5101 Salaries Full time 178,652.67 Streets Fund 18,249.88 5101 Volunteer Employee Retirement - Sewer Fund 11,563.53 5102 Salaries Part-Time - PPT 6,896.90 Water Fund 27,418.27 5103 Salaries Part-Time - TPT 3,163.48 482,554.71 5105 Salaries OverTime 12,808.37
5106 Salaries Strike Team OT -
5107 Salaries Standby 2,291.30
5108 Holiday Pay 98,125.73
5109 Sick Pay 3,341.41
Administrative Services - 5110 Annual Leave Buyback -
Information Services - 5111 Vacation Buyback -
Community Development - 5112 Sick Leave Buyback 24.38
Police 11,557.72 5113 Vacation Pay 14,520.10
Public Works - Maintenance 331.39 5114 Comp Pay 4,308.03 Public Works - Enterprise 919.26 5115 Annual Leave Pay 24,453.58 Recreation - Administration - 5116 Salaries - Police FTO 61.28 Recreation - Special Events - 5121 PERS Retirement 41,767.04 12,808.37 5122 Social Security 26,091.73
5123 PARS Retirement 161.51
5126 State Disability Ins. 4,138.60
5127 Deferred Compensation 741.66
5131 Health Insurance 53,972.82
5132 Dental Insurance 2,873.28
5133 Vision Insurance 744.52
5134 Life Insurance 374.02
5135 Long Term Disability 449.35
5137 Leave Payouts 159.91
5142 Unemployment Insurance -
5143 Uniform Allowance -
5144 Car Allowance 887.50
5146 Council Expense -
5147 Employee Assistance -
5148 Boot Allowance -
5149 Motor Pay 118.04
5150 Bi-Lingual Pay 175.00
5151 Cell Phone Allowance 1,252.50
482,554.71
OVERTIME BY DEPARTMENT:
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
12/20/24 - 01/02/2025
1/10/2025
BY FUND BY ACCOUNT
ATTACHMENT 2
Item 9.b.
MEMORANDUM
TO: City Council
FROM: Nicole Valentine, Administrative Services Director SUBJECT: Statement of Investment Deposits for December 2024 DATE: February 11, 2025
RECOMMENDATION:
Receive and file the attached report listing investment deposits of the City of Arroyo Grande as of December 31, 2024, as required by Government Code Section 53646(b).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no funding impact on 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 December 31, 2024, and includes all investments managed by the City. As of December 31, 2024, the investment portfolio complied with all State laws and the City’s investment policy.
Item 9.b.
City Council
Statement of Investment Deposits for December 2024
February 11, 2025
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, diversification 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: December 31, 2024
ATTACHMENT 1
CITY OF ARROYO GRANDE
Portfolio Summary
December 31, 2024
Investments Principal Value
Current Market
Value
Interest
Rate Date of Purchase Term Maturity Date
% of
Portfolio
Local Agency Investment Fund $ 13,145,958.01 13,145,958.01 $ 4.477% 45.168% Certificates of Deposit
Pacific Premier Bank 249,000.00 249,000.00 4.880% February 21, 2024 12 mos February 21, 2025 0.855%Beal Bk Plano TX 247,000.00 247,000.00 1.350% March 26, 2022 36 mos March 26, 2025 0.849%Beal Bk Las Vegas NV 247,000.00 247,000.00 1.250% March 26, 2022 36 mos March 26, 2025 0.849%First Technology Federal 248,000.00 248,000.00 5.000% April 14, 2023 24 mos April 14, 2025 0.852%Flagstar Bank 245,000.00 245,000.00 0.850% May 15, 2020 60 mos May 15, 2025 0.842%American Express National Bank 246,000.00 246,000.00 3.100% May 25, 2022 36 mos May 25, 2025 0.845%New York Community Bank 249,000.00 249,000.00 0.550% July 1, 2021 48 mos July 1, 2025 0.855%Chief Financial Federal Credit Union 249,000.00 249,000.00 4.600% October 12, 2022 36 mos October 14, 2025 0.855%Live Oak Bank 249,000.00 249,000.00 3.150% May 25, 2022 48 mos May 26, 2026 0.855%UBS Bank USA 249,000.00 249,000.00 0.900% July 21, 2021 60 mos July 21, 2026 0.855%Toyota Financial Savings Bank 248,000.00 248,000.00 0.950% July 22, 2021 60 mos July 22, 2026 0.852%Chartway Federal Credit Union 248,000.00 248,000.00 5.250% July 28, 2023 60 mos July 28, 2026 0.852%California Credit Union Glendale 243,000.00 243,000.00 5.450% October 26, 2023 36 mos October 26, 2026 0.835%Alliant Credit Union 248,000.00 248,000.00 5.500% November 15, 2023 36 mos November 16, 2026 0.852%Bank United NA 249,000.00 249,000.00 1.350% December 8, 2021 60 mos December 8, 2026 0.855%Capital One Bank USA 248,000.00 248,000.00 1.250% December 8, 2021 60 mos December 8, 2026 0.852%Discover Bank 246,000.00 246,000.00 3.200% May 18, 2022 60 mos May 19, 2027 0.845%United Teletech Financial Credit Union 248,000.00 248,000.00 3.500% November 8, 2023 53 mos April 1, 2028 0.852%Morgan Stanley Bank 244,000.00 244,000.00 4.650% April 6, 2023 60 mos April 6, 2028 0.838%Maine Savings Federal Credit Union 249,000.00 249,000.00 4.800% July 21, 2023 60 mos July 21, 2028 0.855%SkyOneFederal Credit Union 249,000.00 249,000.00 3.900% October 25, 2024 48 mos October 25, 2028 0.855%Bank Hapoalim BM New York 244,000.00 244,000.00 4.600% May 21, 2024 60 mos May 21, 2029 0.838%Morgan Stanley Private Bank 244,000.00 244,000.00 4.650% May 22, 2024 60 mos May 22, 2029 0.838% Total Certificates of Deposit 5,686,000.00 5,686,000.00 19.531% Agency Bonds
Federal Farm Credit Bank 998,431.00 993,309.95 0.430% March 17, 2021 48 mos March 3, 2025 3.430%Federal Natl Mortgage Assn 1,000,000.00 970,193.81 0.500% October 20, 2020 60 mos October 20, 2025 3.436%Federal Home Loan Bank 999,500.00 959,729.16 0.800% March 17, 2021 60 mos March 10, 2026 3.434%Federal Home Loan Bank 994,396.00 957,995.16 2.400% March 17, 2021 72 mos March 29, 2027 3.416%Federal Home Loan Bank 500,000.00 488,194.97 3.375% May 17, 2022 60 mos May 17, 2027 1.718%Federal Agriculture Mortgage Corp 495,174.00 490,207.69 3.930% October 28, 2024 36 mos October 7, 2027 1.701%Federal Agriculture Mortgage Corp 2,029,036.00 2,018,279.66 4.320% May 17, 2024 60 mos April 26, 2029 6.971% Total Agency Bonds 6,877,910.40 7,016,537.00 24.106%
ATTACHMENT 1
CITY OF ARROYO GRANDE
Portfolio Summary
December 31, 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 $ 490,345.00 $ 3.100% May 12, 2022 47 mos April 1, 2026 1.690% California State Taxable GO Unlimited 1,256,116.00 1,300,577.20 3.500% November 1, 2023 53 mos April 1, 2028 4.315%California State Taxable GO Unlimited 525,935.25 524,216.00 2.500% December 19, 2024 57 mos October 1, 2029 1.807% Total Municipal Bonds 2,315,138.20 2,273,861.25 7.812%
Treasury Obligations
U.S. Treasury Z-2026 Series 984,728.00 952,226.56 1.100% December 6, 2021 53 mos May 31, 2026 3.383% Total Treasury Obligations 952,226.56 984,728.00 3.383% TOTAL INVESTMENTS $ 28,977,233.17 29,107,084.26 $ 100.000%
1 Item 9.c.
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
January 28, 2025, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Council Members Present: Mayor Caren Ray Russom, Mayor Pro Tem Kate Secrest, Council Member Jim Guthrie,
Council Member Jamie Maraviglia, Council
Member Aileen Loe
Staff Present: City Clerk Jessica Matson, City Attorney Isaac Rosen, City Manager Matthew Downing,
Assistant City Manager/Public Works Director
Bill Robeson, Community Development
Director Brian Pedrotti, Administrative
Services Director Nicole Valentine, Fire Chief
Scott Hallett, Police Chief Michael Martinez,
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.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Ray Russom led the flag salute.
5. AGENDA REVIEW
5.a Closed Session Announcements
None.
5.b Ordinances read in title only
2 Item 9.c.
Moved by Mayor Ray Russom
Seconded by Council Member Guthrie
Move that all ordinances presented at the meeting shall be read by title only and all further readings be waived.
Passed (5 to 0) by voice vote.
6. SPECIAL PRESENTATIONS
6.a Honorary Proclamation Declaring February 2025 as Black History Month Mayor Pro Tem Secrest read the Honorary Proclamation Declaring February 2025 as Black History Month. Cheryl Vines, NAACP SLO, accepted the proclamation.
No action was taken on this item.
6.b Introductions and Oaths of Office – FCFA Fire Captains Bennet, Hinden and Firefighters Burroughs, Deurloo, Hurtado, Muraki, Vassaur
Five Cities Fire Authority Chief Hallett introduced Captains Ian Bennet, Hinden, and Firefighters Burroughs, Deurloo, Hurtado, Muraki, Vassaur, and highlighted their education and experience.
Clerk of the Board Tricia Meyers administered the Oaths of Office and family members assisted in the badge pinning.
6.c City Manager Communications
City Manager Downing commented on the promotions and new hires at the FCFA; Lopez water litigation; Volunteer Appreciation event and the over 4,000 hours of volunteer service to the community; next steps for Measure E-24 funds and February 10th Special City Council goalsetting meeting; Cornwall Watermain Replacement project and traffic implications; and Traffic Way Bridge Project meeting with Village business owners.
No action was taken on this item.
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. Audit Committee
2. California Joint Powers Insurance Authority (CJPIA)
3. Five Cities Fire Authority JPA Board
4. San Luis Obispo County Mayor's Meeting
5. South San Luis Obispo County Sanitation District (SSLOCSD)
6. Other
3 Item 9.c.
7.b MAYOR PRO TEM SECREST:
1. Air Pollution Control District (APCD)
2. Homeless Services Oversight Council (HSOC)
3. South County Chambers of Commerce Governmental Affairs Committee
4. Other
7.c COUNCIL MEMBER GUTHRIE:
1. Central Coast Community Energy (CCCE) Policy Board
2. Integrated Waste Management Authority Board (IWMA)
3. REACH Economic Development Roundtable
4. SLOCOG Meeting in December
5. Air Pollution Control District (APCD) Board in December
7.d COUNCIL MEMBER MARAVIGLIA:
1. Five Cities Fire Authority JPA Board
2. Visit SLO CAL Advisory Board
3. Other
7.e COUNCIL MEMBER LOE:
1. Council of Governments/Regional Transit Authority (SLOCOG/SLORTA)
2. County Water Resources Advisory Committee (WRAC)
3. Zone 3 Water Advisory Board
4. Mayor's Meeting
8. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Mike Silva, Shannon Kessler, Jim Kessler, No Name Provided, Victor, and Lea Brandy. No further public comments were received.
9. CONSENT AGENDA
Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. Mayor Ray Russom commented on Item 9e and 9f. City Manager Downing provided further information regarding Item 9f and current Lopez water litigation involving water deliveries.
Mayor Ray Russom invited public comment. No public comments were received.
Moved by Council Member Guthrie
Seconded by Council Member Loe
4 Item 9.c.
Approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action.
AYES (5): Council Member Guthrie, Council Member Loe, Council Member Maraviglia, Mayor Pro Tem Secrest, and Mayor Ray Russom
Passed (5 to 0)
9.a Cash Disbursement Ratification
Reviewed and ratified the listing of cash disbursements for the period of December 1 through December 31, 2024.
9.b Annual Adjustment of Development Impact Fees
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE ANNUAL ADJUSTMENT OF DEVELOPMENT IMPACT FEES TO INCREASE BY 1.6%, CONSISTENT WITH THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX"; and
2) Made findings as included in the attached Resolution that establishing development impact fees are not a project subject to the California Environmental Quality Act (“CEQA”) because the action 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.c Annual Adjustment of Sewer Connection Fees
1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE ANNUAL ADJUSTMENT OF SEWER CONNECTION FEES TO INCREASE FEES BY 1.6% CONSISTENT WITH THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX"; and
2) Made findings as included in the Resolution that establishing sewer connection fees are not a project subject to the California Environmental Quality Act (“CEQA”) because the action 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 Meeting of January 14, 2025, as submitted.
9.e Council Appointments to Various City Commissions, Boards, and Committees 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE MAKING APPOINTMENTS TO VARIOUS COMMISSIONS, BOARDS,
AND COMMITTEES AND FINDING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT"; and
2) Determined that approving appointments to the various City Commissions, Board, and Committees 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,
5 Item 9.c.
physical change in the environment. (State CEQA Guidelines, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)-(3), 15378.).
9.f Calendar Year 2024 Water Supply and Demand Update
Received and filed the Calendar Year 2024 Water Supply and Demand Update.
9.g Amendments to Title 2 of the Arroyo Grande Municipal Code Regarding the Architectural Review Committee
1) Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 2.19 RELATING TO THE ARCHITECTURAL
REVIEW COMMITTEE AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT"; and
2) Found that the Ordinance is exempt from the California Environmental Quality Act (CEQA) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2); 15061(b)(3)).
9.h General Plan Update Progress Report – January 2025
Received and filed a progress report on the Comprehensive General Plan Update.
10. PUBLIC HEARINGS
10.a Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless Telecommunication Facilities
Community Development Director Pedrotti presented the item and responded to questions from Council. Bennett Givens, City Attorney's Office, and City Manager Downing responded to questions from Council.
Council discussion ensued regarding structure location prioritizing. City Attorney Rosen provided clarification on Ordinance language.
Mayor Ray Russom opened the public hearing. Upon hearing no public comments, Mayor Ray Russom closed the public hearing.
Council discussion continued regarding noticing for non-appealable items, and structure locations. City Attorney Rosen responded to questions from Council.
Council Member Maraviglia made a motion and Mayor Pro Tem Secrest seconded.
Council discussion continued regarding eliminating the noticing requirement when there is no appealable action.
City Attorney Rosen confirmed the direction of the City Council to revise and remove notice on those Community Development Director-level approvals that are not appealable. The motion and second held.
Moved by Council Member Maraviglia
Seconded by Mayor Pro Tem Secrest
6 Item 9.c.
1) Introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING VARIOUS PROVISIONS OF AND ADDING CHAPTER
16.70 TO THE ARROYO GRANDE MUNICIPAL CODE RELATING TO WIRELESS
TELECOMMUNICATIONS FACILITIES AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT"; with the revision to remove notice on those Community Development Director level approvals that are not appealable; and 2) Find that the “project” is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15061(b)(3), 15378 and in the alternative, State CEQA Guidelines sections 15301, 15302, 15303 and 15304.
AYES (5): Council Member Maraviglia, Mayor Pro Tem Secrest, Council Member Loe, Council Member Guthrie, and Mayor Ray Russom
Passed (5 to 0)
10.b Approval of the Active Transportation Plan and Finding this Action Exempt from CEQA Community Development Director Pedrotti introduced the item. Jacob Leon, KTUA consultant, presented the Plan. Community Development Director Pedrotti, Assistant City Manager/Public Works Director Robeson, City Manager Downing, and Mr. Leon responded to questions from Council.
Mayor Ray Russom opened the public hearing. Speaking from the public were Judy Ceccetti, and Hailey Williams. Upon hearing no further public comments, Mayor Ray Russom closed the public hearing.
Council discussion ensued regarding the bike path map, pedestrian crossings, retaining the existing SLOCOG/RTP project in the Coach/Branch Mill Rd area, a walking network and class 4 bike lanes around schools, and potential for a future study of parallel streets. Mr. Leon responded to questions from Council.
Mayor Ray Russom made comments regarding seeking out grant funding and future updates to roads with Measure E funds.
Council Member Guthrie made a motion to amend the Plan to include, on the bike map, Grand Ave alternatives; placing the Flora Road access to Strother Park and Coach Road access; eliminating the Miller Way/Mercedes bike path; and adding a route that connects Tally Ho to Larchmont to the library.
Discussion ensued to clarify that the motion included the "dirt Cherry" area through Strother Park. Mayor Ray Russom added comments regarding contact by a resident inquiring whether the City has easement to go through "dirt Cherry". Mayor Ray Russom stated the City Clerk will pass out the analysis of the area and ownership to those interested.
Moved by Council Member Guthrie
Seconded by Council Member Loe
1) Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE ACTIVE TRANSPORTATION PLAN AND FINDING
7 Item 9.c.
THE ACTION EXEMPT FROM CEQA," as amended to include, on the bike map, Grand Ave alternatives; placing the Flora Road access to Strother Park and Coach Road access; eliminating the Miller Way/Mercedes bike path; adding a route that connects Tally Ho to Larchmont to the library; and including the “dirt Cherry” area through Strother Park; and 2) Find that the adoption of the Active Transportation Plan is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code sections 21080.20 and 21080.25.
AYES (5): Council Member Guthrie, Council Member Loe, Council Member Maraviglia, Mayor Pro Tem Secrest, and Mayor Ray Russom
Passed (5 to 0)
11. BUSINESS ITEMS
Mayor Ray Russom called for a brief break at 9:07 p.m. The Council reconvened at 9:14 p.m.
11.a Five-Year Financial Forecast
Administrative Services Director Valentine introduced the item. Don Rhoades, Baker Tilly consultant, presented. Mr. Rhoades and Director Valentine responded to questions from Council.
Council discussion ensued regarding identifying various expenses including UAL and worker's compensation costs.
Mayor Ray Russom invited public comment. No public comments were received.
Council discussion continued regarding reporting of sales tax funds and creating a policy for handling sales tax measure revenue and protecting capital funds.
Council directed staff to bring back information to the Council during the budget process regarding UAL and worker's compensation costs as well as a proposed capital funds policy.
11.b Update on City Council Goals and Priorities
City Manager Downing presented the item and responded to questions from Council.
Mayor Ray Russom invited public comment. No public comments were received.
No action was taken on this item. The report was received and filed.
12. COUNCIL COMMUNICATIONS
Council Member Loe commented on her attendance at the League of California Cities (LOCC) New Mayors and Council Members Academy in Sacramento.
Council Member Maraviglia commented on her attendance at the LOCC New Mayor's and Council Members Academy in Sacramento; and presenting a Proclamation at the Plumbing and Pipefitters Association.
8 Item 9.c.
Mayor Pro Tem Secrest commented on public concern regarding fire danger and staff's response to the public's concerns. Mayor Ray Russom commented on staff's response. Council Member Guthrie asked staff about fuel modification areas.
13. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom turned the meeting over to Mayor Pro Tem Secrest who adjourned the meeting at 10:29 p.m. in honor of International Holocaust Remembrance Day.
_________________________
Caren Ray Russom, Mayor
ATTEST:
_________________________
Jessica Matson, City Clerk
Item 9.d.
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Director of Legislative & Information Services/ City Clerk
BY: Julie Hawkins, Deputy City Clerk/Communications Coordinator SUBJECT: Appointments to Tourism Business Improvement District Advisory Board and Architectural Review Committee
DATE: February 11, 2025
RECOMMENDATION:
1) Adopt a Resolution appointing Tricia Kesselring to the Tourism Business Improvement District (TBID) Advisory Board and Mike Harris to the Architectural Review Committee (ARC); and
2) Determine that approving the appointments to the Tourism Business Improvement District Advisory Board and the Architectural Review Committee 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)-(3), 15378.).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no fiscal impact and minimal staff impact associated with preparing the staff report for this action.
BACKGROUND:
City Council policy sets forth appointment procedures for the City’s Commissions, Boards and Committees. Section 5.2 of the City Council Handbook1 states that “the Mayor and each member of the Council shall appoint one representative to each respective Commission/Board/Committee…, subject to approval by a majority of the Council.” Two scheduled vacancies remain on the TBID and one on the ARC as a result of term expirations, January 31, 2025. Additionally, an unscheduled vacancy occurred on the TBID as result of the appointment of a Board Member to another Advisory Body. Following
1 https://www.arroyogrande.org/DocumentCenter/View/4921/City-Council-Handbook-PDF
Item 9.d.
City Council
Appointments to Tourism Business Improvement District Advisory Board and Architectural Review Committee
February 11, 2025
City Council’s initial appointments to Advisory Bodies at their January 28, 20252regular meeting, two vacancies on the TBID and one on the ARC remain.
ANALYSIS OF ISSUES:
The TBID Advisory Board is responsible for advising the City Council on the administration and use of assessment funds. The Board recommends projects to promote tourism that directly benefit the City’s lodging industry. There are currently two vacancies with term expiration dates of January 31, 2029.
The ARC advises the Planning Commission and the City Council on matters of an aesthetic nature and the structural analysis of buildings within the city. There is currently one vacancy with a term expiration of January 31, 2029.
Tricia Kesselring has applied for the TBID Board and is recommended for appointment by Council Member Loe. Mike Harris has applied for the ARC and is also recommended for appointment by Council Member Loe. If the City Council approves these appointments, one vacancy will remain on the TBID Board, and the ARC will have no remaining vacancies.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution approving the appointments of Tricia Kesselring to the Tourism Business Improvement District Advisory Board and Mike Harris to the Architectural Review Committee;
2. Do not approve the recommended appointments; or
3. Provide other direction to staff.
ADVANTAGES:
Approving the recommended appointments will fill one of the two vacancies on the TBID Advisory Board and will fill the vacancy on the ARC.
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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)- (3), 15378.).
2 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=13476
Item 9.d.
City Council
Appointments to Tourism Business Improvement District Advisory Board and Architectural Review Committee
February 11, 2025
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. Application – Tricia Kesselring
3. Application – Mike Harris
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE APPOINTING TRICIA
KESSELRING TO THE TOURISM BUSINESS
IMPROVEMENT DISTRICT ADVISORY BOARD AND
MIKE HARRIS TO THE ARCHITECTURAL REVIEW
COMMITTEE AND FINDING THAT THIS ACTION IS
EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, pursuant to Council policy, the Mayor and each Council Member shall recommend one representative to each respective Commission, Board, or Committee, subject to approval by a majority of the Council; and
WHEREAS, every two years following an election, newly seated Council Members recommend appointments to various commissions, committees, and boards; and WHEREAS, two vacancies remain unfilled on the Tourism Business Improvement District (TBID) Advisory Board; and
WHEREAS, one vacancy remains unfilled on the Architectural Review Committee (ARC); and
WHEREAS, members of each respective Commission, Board, and Committee shall serve for a term ending on the January 31st following the expiration of the term of the respective appointing Mayor or Council Member; and
WHEREAS, Council Members Loe has reviewed applications for individuals interested in serving on the TBID Advisory Board and is recommending the appointment of Tricia Kesselring; and
WHEREAS, Council Member Loe has reviewed applications for individuals interested in serving on the ARC and is recommending the appointment of Mike Harris; and WHEREAS, all Commission, Board, and Committee members serve at the discretion of the Council; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. Tricia Kesselring is hereby appointed to the TBID Advisory Board.
RESOLUTION NO.
PAGE 2
3. Mike Harris is hereby appointed to the ARC.
4. Environmental Review. The City Council hereby determines that approving the appointments to the ARC and the TBID Advisory Board 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, Cal. Code Regs., tit. 14, §§ 15060, subd. (c)(2)-(3), 15378.)
4. Effective Date. This Resolution shall take effect upon adoption.
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 11th day of February, 2025.
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
ATTACHMENT 2
ATTACHMENT 3
Item 9.e.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Director of Public Works BY: Shannon Sweeney, City Engineer
SUBJECT: Traffic Way Bridge Compensatory Mitigation Memorandum of Understanding
DATE: February 11, 2025
RECOMMENDATION:
Adopt a Resolution authorizing the City Manager to execute the proposed Memorandum of Understanding (MOU) with the Land Conservancy of San Luis Obispo County (“Land Conservancy”) to contribute funds to support long-term maintenance of the Black Lake Ecological Area (“Black Lake Project”) as environmental mitigation for the Traffic Way Bridge Replacement Project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The proposed MOU transfers an expected $100,000 to a restricted fund for the Land Conservancy to use for long-term maintenance of wetland planting for the Black Lake Project. 88.53% will be paid through the Highway Bridge Program (HBP) and 11.57% will be paid through Local Sales Tax Measure O Funds. This is roughly equivalent to the funds the City would be required to pay to meet these regulatory requirements if the City had adequate land to do so.
BACKGROUND:
Over a series of annual inspections, Caltrans determined the Traffic Way Bridge needed to be replaced and placed it in the federal HBP. The HBP provides funding for bridge repair and replacement. It provides 88.53% of federal funding and a required local match of 11.47%. The Traffic Way Bridge Replacement Project is progressing as scheduled.
However, the current matter contends with inadequate land within Arroyo Grande Creek to provide off-site mitigation opportunities on City property. The options below, especially the recommended option of contributing funds to support long-term maintenance of the Black Lake Ecological Area to satisfy the Regional Water Quality Control Board (the “Regional Board”) mitigation requirement, are viable solutions.
Item 9.e.
City Council
Traffic Way Bridge Compensatory Mitigation Memorandum of Understanding February 11, 2025
ANALYSIS OF ISSUES:
The City awarded a construction contract to Granite Construction Company on December 10, 20241. At that time, it was noted that the City had not yet acquired a Regional Board 401 permit for this project. This permit is needed prior to beginning construction in Arroyo Grande Creek, which is expected in June 2025. The delay in obtaining the 401 permit involves the challenge to find adequate City property to complete off-site mitigation, which is environmental planting and other improvements required to compensate for unavoidable disruption to plants and habitat associated with construction.
City staff spent considerable time exploring options for providing mitigation work using Arroyo Grande Creek property already owned by the City. Off-site mitigation requires roughly 0.2 acres of land. However, only 0.09 acres of land is available for mitigation, which is adjacent to the Swinging Bridge. Adequate land is available adjacent to Mason Street Bridge, but using this land for off-site mitigation would then complicate mitigation requirements applicable to the Mason Street Bridge for a future bridge replacement project in that location. For the City to meet the requirements of the 401 permit, while avoiding the other two locations described above, the City would need to secure easements on private property, then regularly access that property to plant and maintain the site(s) for a minimum of five years. Additional costs would be expected to secure the necessary easement(s).
City staff have worked with the Resources Conservation District to contribute funding to a project within the Arroyo Grande Creek Management Plan so that mitigation funds would be applied to the impacted water body, even if not within the City’s jurisdiction.
Unfortunately, this proposal was not acceptable to the Regional Board due to the timeframe within which those projects would likely be completed.
The Black Lake Project in southern San Luis Obispo County could provide a potential solution. The City’s environmental subconsultant discussed with the Land Conservancy that payment into a restricted fund for long-term maintenance of wetland plants could satisfy the Regional Board requirement. The Black Lake Project involves improving a degrading wetland in partnership with the United States Fish and Wildlife Service (USFWS). This project is permitted and involves planting of targeted sensitive plant species (“Exhibit A” of Attachment 1 - Exhibit A).
Benefits of this approach include:
A restricted fund has already been set up and has accepted other funds for long-term maintenance of the ecological site.
The project received a 401 Certification, so the Regional Board is familiar with this beneficial project.
1https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=d97188a8-cbd4-44a5-8b29- 561fdea7102b&Agenda=Agenda&lang=English&Item=62&Tab=attachments
Item 9.e.
City Council
Traffic Way Bridge Compensatory Mitigation Memorandum of Understanding February 11, 2025
The restoration efforts are in line with Regional Board objectives of protecting water quality and improving habitat conditions, as well as other beneficial uses.
Initial conversations with the Regional Board indicate that they are likely to approve this solution, with the caveat that funds must be placed in a restricted fund for aquatic feature maintenance and monitoring and not for upland planting.
Staff have acted with urgency to obtain the 401 permit to begin construction on the Traffic Way Bridge, and discussions between the Land Conservancy and the Regional Board have been productive. However, the current agreement is still in draft form and undergoing negotiation. Additional changes may be requested by the Land Conservancy or the Regional Board. Accordingly, in the interest of expediency, Staff is requesting that the Council approve the form of this draft MOU and authorize the City Manager to execute the MOU following further negotiations with the Land Conservancy and Regional Board, provided that the MOU is in substantially the same form as the draft provided to Council.
Authorization from the Council to enter into this agreement now will better facilitate negotiations between City staff, the Land Conservancy, and the Regional Board.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Resolution approving the City Manager to execute the proposed MOU with the Land Conservancy to commit all required mitigation to the Black Lake Project;
2. Adopt the Resolution approving the City Manager to execute the proposed MOU with the Land Conservancy to commit some of the required mitigation to the Black Lake Project and some of the funding to a 0.09-acre site adjacent to the Swinging Bridge;
3. Do not adopt the Resolution and direct staff to use land adjacent to Mason Street Bridge off-site mitigation requirements for Traffic Way Bridge; or
4. Provide other direction to staff.
ADVANTAGES:
The proposed mitigation is the most expedient, cost-effective means to meet regulatory requirements associated with off-site mitigation for the Traffic Way Bridge Replacement Project. While Alternative 2 provides some funding to address work directly in Arroyo Grande Creek, the footprint of available area is small, and more funding will be spent managing the work than to improvements in the creek. Alternative 3 will complicate future bridge work, as improvements adjacent to Mason Street Bridge will need to be replaced on a greater than 1:1 basis, further exacerbating the current issue of not having adequate land within Arroyo Grande Creek to provide off-site mitigation opportunities on City property.
Item 9.e.
City Council
Traffic Way Bridge Compensatory Mitigation Memorandum of Understanding February 11, 2025
DISADVANTAGES:
Proposed long-term maintenance work to be completed with this funding is not within the vicinity of Arroyo Grande Creek or even within the City’s jurisdiction. However, it is the only project within San Luis Obispo County that currently meets the Regional Board’s requirements of timeliness and relevance. Not pursuing this avenue to meet regulatory requirements for the Traffic Way Bridge Replacement Project places associated grant funding at risk.
ENVIRONMENTAL REVIEW:
On September 26, 20232, the City Council adopted a Mitigated Negative Declaration (MND) for the Project (SCH No. 2022060452). The MND analyzed the environmental impacts of the Project in compliance with the California Environmental Quality Act (“CEQA”). The adoption of this Resolution occurs pursuant to and in conformity with the analysis contained within the previously adopted MND. None of the conditions requiring subsequent environmental review called out in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present. Approval of this Resolution will not directly or indirectly cause any new physical impacts to the environment than what was previously analyzed in the prior MND. Specifically, the approval of this Resolution is (i) not a substantial change proposed in the Project that will require major revisions to the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) not a substantial change with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous MND due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant impacts; and (iii) is not new information of substantial importance that shows the Project will have one or more significant impacts not discussed in the previous MND; that significant impacts previously examined will be substantially more severe than shown in the previous MND; that mitigation measures previously found to be infeasible would in fact be feasible and would substantially reduce one or more significant effects, but the City declined to adopt such measures; or that mitigation measures considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the City declined to adopt. Thus, none of the conditions requiring subsequent environmental review called out in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present, and no further environmental review is required.
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 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=8662
65501.00015\42788974.6
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING (“MOU”)
WITH THE LAND CONSERVANCY OF THE SAN LUIS OBISPO
COUNTY (“LAND CONSERVANCY”) TO CONTRIBUTE FUNDS
TO SUPPORT LONG-TERM MAINTENANCE OF THE BLACK
LAKE ECOLOGICAL AREA AS ENVIRONMENTAL
MITIGATION FOR THE TRAFFIC WAY BRIDGE
REPLACEMENT PROJECT
WHEREAS, the Traffic Way Bridge (“Bridge”) spans Arroyo Grande Creek allowing Traffic Way to connect to West Branch Street. Traffic Way is an arterial roadway that conveys approximately 11,500 vehicles per day. The Bridge is a reinforced concrete structure supported by abutments on each end of the Bridge and concrete piles along the span; and
WHEREAS, in 2006, Caltrans designated this Bridge as “scour critical” meaning that the supporting members of the Bridge are compromised due to erosion of surrounding soil. In 2016 the Bridge was reinspected, and that inspection found signs of deck cracking, failed expansion joints, spalling concrete, concrete abrasion, and creek channel erosion. In March 2018, it was determined that not only is scour an issue, but that the foundation is vulnerable in bearing capacity; and WHEREAS, Caltrans determined the Bridge needed replacing and placed it in the federal Highway Bridge Program (HBP). HBP provides funding for bridge repair and replacement. It provides 88.53% of federal funding and a required local match of
11.47%; and
WHEREAS, The City awarded a construction contract to replace the bridge to Granite Construction Company on December 10, 2024, and this project is commonly referred to as the Traffic Way Bridge Replacement Project (the “Project”); and WHEREAS At that time, it was noted that the City had not yet acquired a Regional Water Quality Control Board (“Regional Board”) 401 Water Quality Certification permit (“401 permit”) for this project due to complications meeting off-site mitigation requirements, and this permit is needed prior to beginning construction in Arroyo Grande Creek, which is expected in June 2025; and
WHEREAS, After failing to find appropriate City land to meet 401 permit regulatory requirements, and finding no projects on Arroyo Grande Creek that meet the Regional Board’s requirements for timeliness and relevance, City staff found the opportunity to contribute funds to long-term maintenance of wetland plantings in the Blake Lake Ecological Area in southern San Luis Obispo County; and
65501.00015\42788974.6
RESOLUTION NO.
PAGE 2
WHEREAS, initial conversations with the Regional Board indicate that they are likely to approve this solution in satisfaction of the mitigation requirements, and Land Conservancy has similarly had conversations with the State Coastal Conservancy indicating that entity will approve this arrangement; and WHEREAS, execution of an MOU with the Land Conservancy is the most feasible mechanism to satisfy the Regional Board’s 401 permit requirement; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED that 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. MOU EXECUTION. The City Council authorizes the City Manager to execute a Memorandum of Understanding (MOU), in substantially the same form as that provided in Exhibit “A”, with the Land Conservancy to contribute funds to support long-term maintenance of the black lake ecological area as environmental mitigation for the Traffic Way Bridge Replacement Project, subject to any additional negotiated changes requested by the Land Conservancy or Regional Board, as approved by the City Manager in consultation with the City Attorney, and provided that the Regional Board confirms in writing that the MOU with the Land Conservancy will satisfy the mitigation requirement necessary to obtain the 401 permit required for the Traffic Way Bridge Replacement Project.
3. CEQA. On September 26, 2023 , the City Council adopted a Mitigated Negative Declaration (MND) for the Project (SCH No. 2022060452). The MND analyzed the environmental impacts of the Project in compliance with the California Environmental Quality Act (“CEQA”). The adoption of this Resolution occurs pursuant to and in conformity with the analysis contained within the previously adopted MND. None of the conditions requiring subsequent environmental review called out in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present. Approval of this Resolution will not directly or indirectly cause any new physical impacts to the environment than what was previously analyzed in the prior MND.
Specifically, the approval of this Resolution is (i) not a substantial change proposed in the Project that will require major revisions to the previous MND
65501.00015\42788974.6
RESOLUTION NO.
PAGE 3
due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) not a substantial change with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous MND due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant impacts; and (iii) is not new information of substantial importance that shows the Project will have one or more significant impacts not discussed in the previous MND; that significant impacts previously examined will be substantially more severe than shown in the previous MND; that mitigation measures previously found to be infeasible would in fact be feasible and would substantially reduce one or more significant effects, but the City declined to adopt such measures; or that mitigation measures considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the City declined to adopt. Thus, none of the conditions requiring subsequent environmental review called out in Public Resources Code section 21166 or State CEQA Guidelines section 15162 are present, and no further environmental review is required.
City Council directs City staff to cause a Notice of Determination to be filed and posted with the County Clerk and State Clearinghouse within five working days of the adoption of this Resolution.
4. CUSTODIAN OF RECORDS. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at City Hall, 300 E Branch St Arroyo Grande CA 93420.
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 11 th day of February 2025.
65501.00015\42788974.6
RESOLUTION NO.
PAGE 4
_________________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
________________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
________________________________________
ISAAC ROSEN, CITY ATTORNEY
65501.00015\42788974.6
RESOLUTION NO.
PAGE 5
Exhibit “A”
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY AND
THE CITY OF ARROYO GRANDE
This Agreement is made this ___ day of ____, 2025, between The Land Conservancy of San Luis Obispo County ("Conservancy"), a California non-profit corporation located in the County of San Luis Obispo, and the City of Arroyo Grande (“City”), a municipal corporation located in the County of San Luis Obispo. The Conservancy and the City may hereinafter be referred to as the “Parties.”
WHEREAS, the City seeks to construct the replacement of the Traffic Way Bridge in the City of Arroyo Grande, which spans Arroyo Grande Creek, connecting Traffic Way to West Branch Street, as part of the Traffic Way Bridge Replacement Project; and WHEREAS, in order to engage in such construction, the City must obtain a 401 Water Quality Certification permit (“401 permit”) from the Regional Water Quality Control Board (the “Regional Board”); and
WHEREAS, the Regional Board requires 0.195 acres of land in the City be improved with plantings or other improvements to offset the impacts of the Traffic Way Bridge Replacement Project, in satisfaction of the mitigation requirements of the 401 permit; and WHEREAS, there is currently insufficient public land available in the City to provide the required mitigation for the Regional Board to issue a 401 Certification; and WHEREAS, the Conservancy owns land known as the Black Lake Ecological Area (APN 075-261-006) which is in the County of San Luis Obispo; and WHEREAS, the Conservancy is conducting a project in the Black Lake Ecological Area for which a restricted fund has been set up for long-term maintenance of the ecological site, as more particularly described in Exhibit A (the “Black Lake Project”); and WHEREAS, the Black Lake Project received a 401 permit from the Regional Board; and WHEREAS, the restoration efforts of the Black Lake Project protect water quality and improve habitat conditions, consistent with the regulatory requirements necessary to obtain a 401 permit; and
WHEREAS, the Regional Board may allow the City to provide funds into a restricted account for the Black Lake Project to satisfy the mitigation requirement, in order to obtain a 401 permit for the Traffic Way Bridge Project; and
WHEREAS, the Conservancy desires to receive these funds to aid in the Black Lake Project, and the City desires to provide such funds in order to satisfy the mitigation requirements of the 401 permit issued by the Regional Board.
WHEREAS, these funds are for payment in-lieu of permittee-responsible compensatory mitigation for a public benefit project, the Traffic Way Bridge Replacement Project, as a mechanism for meeting Regional Board Section 401 Water Quality Certification permitting requirements.
PAGE 2
NOW, THEREFORE, the Parties both recognize and agree:
1. The recitals set forth in this MOU are by this reference, incorporated into and deemed a part of this MOU.
2. The City agrees to provide a check to the Conservancy in the amount of $100,000.00 (the “City Funds”) to be deposited into a restricted fund for use on the property known as Black Lake Ecological Area. The City Funds shall be used only for aquatic feature maintenance and monitoring, and shall not be used for upland planting.
3. Prior to disbursement of funds, two events must occur: (a) The Conservancy must provide the City and the Regional Board the final grant award document stating the final requirements of the United State Fish and Wildlife Service award that is applicable to the Black Lake Project, and (b) the Regional Board must provide written confirmation to both Parties that, once the City deposits the funds into the Black Lake Ecological Area restricted account, the City will have satisfied the regulatory requirements of the Regional Board necessary to obtain a 401 permit.
4. The Conservancy will provide a detailed accounting of said restricted funds as to the usage of the City Funds upon written request of the City.
5. To the fullest extent permitted by law, the Conservancy shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of the Conservancy, its officials, officers, employees, subcontractors, consultants or agents in connection with the use of the City funds deposited into the Conservancy’s restricted account for the Black Lake Project, the Black Lake Project or this MOU, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. The Conservancy’s obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the Conservancy, the City, its officials, officers, employees, agents, or volunteers.
6. This MOU contains the entire understanding between the Parties with respect to its subject matter and supersedes all prior agreements, oral or written, and all prior contemporaneous discussions or negotiations between the Parties.
7. The rights and obligations set forth herein are intended exclusively for the benefit of the Parties and shall not be construed to convey any rights or remedies to any third party.
8. This MOU shall be governed by, and construed in accordance with, the laws of the State of California. If any term of this MOU shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remaining portion or portions shall be considered severable and not affected by such determination.
IN WITNESS WHEREOF, the Parties have executed this agreement on the day and year first above written.
CITY: CONSERVANCY:
City of Arroyo Grande,
a municipal corporation
The Land Conservancy of San Luis Obispo
County, a California non-profit corporation
By: __________________________ By: __________________________ Name: __________________________ Name: __________________________ Title: __________________________ Title: __________________________
EXHIBIT “A”
Black Lake Project Description
Black Lake Ecological Area Habitat Restoration Project
National Coastal Wetlands Conservation Grant Application Submitted by the California State Coastal Conservancy
June 26, 2020
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
1 PROJECT SUMMARY
The California State Coastal Conservancy (SCC) is requesting $584,909 from the National Coastal Wetlands Conservation Grant Program (NCWC) to restore 45 acres of coastal wetlands and adjacent uplands within the 160-acre Black Lake Canyon Ecological Area (BLEA), located near the community of Nipomo, in southern San Luis Obispo County, California. The project goal is to restore several different habitat types that function collectively as a dynamic, coastal dune ecosystem to benefit and aid in the recovery of sensitive, endemic and federal and state listed species. Implementation of this project will restore and enhance the following communities:
• 6.94 acres of freshwater pond (Black Lake);
• 4.78 acres of freshwater emergent wetland (marsh);
• 12.24 acres of freshwater forested/shrub wetland (riparian woodland/scrub); and • 21.04 acres of coastal dune scrub.
The wetland and upland habitats within the BLEA are in urgent need of restoration due to the compounding effects of increased regional groundwater pumping, decreased subsurface recharge, increased sedimentation, and rapid proliferation of several non-native, invasive species. Without implementation of the proposed restoration efforts, conditions within the site will continue to decline and reach a point where the trajectory can no longer be arrested and reversed. Invasive species are quickly decimating most of the remaining stands of coastal dune scrub and overgrown hydrophytes will eventually overtake the wetlands, further increasing infill from sedimentation.
This project will directly benefit several listed and sensitive species including: California redlegged frog (Rana draytonii), western pond turtle (Actinemys marmorata), La Graciosa thistle (Cirsium scariosum var. loncholepis), marsh sandwort (Arenaria paludicola), Nipomo lupine (Lupinus nipomensis), legless lizard (Anniella pulchra), coast horned lizard (Phrynosoma blainvillii), and monarch butterfly (Danaus plexippus).
This project will remove built-up sediments and overgrown tule/bulrush (Bolboshoenus spp. and Schoenoplectus spp.), cattail (Typha spp.), and poison hemlock (Conium maculatum) within and around the lake and marsh. Restoration efforts associated with these wetland features includes outplanting of marsh sandwort and La Graciosa thistle, which once occurred onsite but has become extirpated. These activities also include installation of habitat features and other elements to increase western pond turtle and California red-legged frog basking, breeding, rearing, and aquatic dispersal habitat. The proposed upland restoration efforts include removal of invasive veldt grass (Ehrharta calycina), Saharan mustard (Brassica tournefortii), hedgerow eucalyptus (Eucalyptus globulus), and Italian thistle (Carduus pycnocephalus) to rehabilitate the native coastal dune scrub habitat. This work will benefit the resident overwintering monarch population, coast horned lizards, and legless lizards. Coastal dune scrub restoration accomplished by the project will also create habitat to expand the successful Nipomo lupine re-introduction program within BLEA. This project will result in a highly functioning and resilient dune ecosystem that are critical to supporting this unique assemblage of rare and listed species in the face of climate change and surrounding future development.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
2 PROJECT STATEMENT
Background: Black Lake Canyon Ecological Area (BLEA) was selected as one of six funded Dune Protected Areas (DPA) by the Dunes Collaborative. The Dunes Collaborative is a partnership between federal, state, private, and non-profit organizations committed to restoration of the entire 20,000-acre Guadalupe-Nipomo Dunes Complex (GNDC). A variety of sensitive vegetation types occur in BLEA, including: active coastal dunes; central foredunes; central dune scrub; Central Coast arroyo willow riparian; and coastal freshwater marsh communities (Figures 3, 6-14). BLEA supports a large migratory colony of western monarch butterfly and provides important roosting habitat for a variety of raptors and bats. Several special status species documented within BLEA include the following:
• federal threatened and state species of special concern: California red‐legged frog; • federal and state endangered species: marsh sandwort and Nipomo lupine; • federal endangered and state threatened: La Graciosa thistle; and • state species of special concern: western pond turtle and legless lizard.
For more information see Criteria 5 – “Conservation of threatened and endangered species”.
Project Location: GNDC is an 18-mile long coastal dune system located along California’s Central Coast. It is one of the largest coastal dune landscapes on the west coast of North America and provides important habitat for a variety wildlife species. In 1974, GNDC was designated a National Natural Landmark in recognition of its unique natural heritage (USFWS 2016). BLEA is a 160‐acre property within the GNDC that is owned and managed by the Land Conservancy of San Luis Obispo County (LCSLO). The project is located in the eastern half of the property; west of State Route 1, near the community of Nipomo, in southern San Luis Obispo County (Figures 1- 2; Latitude 35.057689, Longitude –120.603411). The sole purpose of the BLEA is to preserve its unique habitats and protect the rare and special status species that utilize it. It is named for the perennial, freshwater terminal lake onsite that is fed by flows from the lush, incised Black Lake Canyon drainage system. Water brought down through Black Lake Canyon provides important breeding and watering sites for many vertebrate species. It is one of the few migratory corridors that connects the GNDC with other adjacent wildlands.
Project Need: BLEA is one of the most important conservation areas within the GNDC as Black Lake is one of the few remaining freshwater coastal dune lakes in the state that has perennial water.
All of the wetland features throughout GNDC, including Black Lake, are under stress from a lowering groundwater table and the future effects of climate change. Groundwater pumping has increased substantially over the last decade due to expanding agriculture and extensive suburban and residential development. As a result, subsurface recharge has decreased and surface flows have increased, causing increased sedimentation, biostimulation, and overgrowth of denser hydrophytic vegetation. Simultaneously, one of the most pervasive threats throughout the dunes are impacts from non-native invasive species. Regional infestation and the rapid proliferation of invasive plant species, such as veldt grass, are causing a type conversion of coastal dune scrub habitats to nonPage 63 of 239 Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
3 native monocultures that are prematurely stabilizing this once dynamic and active dune system.
This dynamic wind activity is also responsible for excavation, scour and other movements necessary to maintain aquatic features. Premature stabilization of the dunes disrupts the natural dune ecosystem functions and geomorphic processes, resulting in a cascade of detrimental effects across the landscape. Implementation of this project will benefit several listed species and will enable LCSLO to better manage BLEA. Without restoration and management, the suite of rare species associated with the site will continue to decline. These funds will allow the organization to accomplish the totality of the proposed restoration and approved by the Dunes Collaborative.
Objectives:
1. Enhance 5.34 acres and restore 1 acre of coastal wetlands by removing bulrush and cattail, and diversifying wetland vegetation and habitat types;
2. Enhance 17.02 acres of freshwater emergent and forested/shrub wetlands, including one acre of La Graciosa thistle habitat;
3. Re-contour 0.36 acres of coastal freshwater marsh to create marsh sandwort habitat;
4. Outplant 250 La Graciosa thistle seedlings and 350 marsh sandwort plants;
5. Remove up to 1.5 acres of dying, hedgerow eucalyptus to restore coastal dune scrub habitat;
6. Restore 13 acres of coastal dune scrub habitat adjacent to the established monarch overwintering grove;
7. Eliminate invasive Saharan mustard, veldt grass, and poison hemlock within the project area;
8. Create habitat features (such as basking/nesting sites) for California red-legged frog and western pond turtle; and
9. Host two docent-led hikes per year and lead four volunteer events to remove invasive plants and conduct an in-depth survey of the flora and fauna of BLEA.
Expected Results: As a direct result of this project, 6.94 acres of coastal freshwater pond, 17.02 acres of palustrine emergent and forested shrub wetland, and 21.04 acres of upland transition and coastal dune scrub habitat will be restored and enhanced. This project will reestablish the area’s natural hydrologic functions by restoring the capacity of the pond and surrounding wetlands. These restoration activities will additionally provide habitat for several rare, sensitive, and listed species.
The project will restore and enhance dispersal, foraging, and potential breeding habitat for the California red‐legged frog. Approximately two acres of freshwater wetlands will be used to reestablish the endangered La Graciosa thistle and marsh sandwort at BLEA. The upland coastal dune scrub habitats and the species that depend on them, including habitat for monarch butterflies, will also be restored by removing non-native, invasive plants and revegetating the site with native coastal dune scrub plants. This project will benefit both the native resident and transient species that occur within the 22,000-acre GNDC by providing a source of perennial water and upland refugia for both marsh-dependent species, and upland species. The public will learn about the importance of coastal wetland and watershed functions through community outreach and annual docent-led hikes for the public. Please refer to the Ranking Criteria # 1, 5, 6, and 7 for a complete
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
4 list of benefited species and recovery plan recommendations.
Approach: The selected restoration and enhancement activities are identified in the 2018 Dune Protected Areas Network Work Plan. The work plan was developed by the Dunes Collaborative which is comprised of the U.S. Fish and Wildlife Service (USFWS), LCSLO, Guadalupe Nipomo Dunes Center, CA State Parks Ocean Dunes State Vehicular Area, County of California, SCC, and CDFW. The plan was vetted and approved by the Dunes Collaborative Restoration Task Force and over 30 subject-matter experts.
Sub-recipient: LCSLO is a sub-recipient of the award, and is the owner of the property. LCSLO has over 35 years of experience successfully implementing wetland enhancement projects on the California Central Coast. The organization acquired BLEA from the Nature Conservancy in 2000, who purchased it for its unique conservation value and distinct natural history. Since then, LCSLO has worked to restore BLEA, manage invasive weeds, and conduct strategic plantings of native species on-site. In addition, LCSLO has been a valuable conservation partner with the Ventura Fish and Wildlife Office (VFWO) on many restoration projects, species’ recovery teams, and other strategic conservation programs. LCSLO and VFWO have worked collaboratively at BLEA since 2013 to restore areas of coastal dune scrub habitat and repatriate Nipomo lupine onsite. This work has resulted in an established and viable colony of this critically endangered species on the property.
Jonathan Hall, Stewardship Director of LCSLO, will provide project oversight. He has successfully implemented coastal wetland restoration projects on the California Central Coast for the last 20 years. He is an expert in invasive species ecology and invasive species control in sensitive habitats. He is a Pest Control Advisor (PCA #073792) and holds a Qualified Applicator License (#115922). Lindsey Roddick, Senior Restoration Ecologist of LCSLO, will serve as the project manager. She is a trained botanist specializing in rare plant species’ ecology and has overseen the restoration activities of LCSLO since 2016. She is a member of the Nipomo lupine and La Graciosa thistle species’ recovery teams. Scott Couture, Field Manager of LCSLO will assist in project management and implementation. He has overseen implementation of restoration activities of LCSLO properties for seven years and holds a Qualified Applicator License (#144838). The restoration activities will be conducted with coordination from VFWO to ensure compliance with the various permits and authorizations.
Black Lake Vegetation Management and Enhancement: LCSLO will secure an excavating contractor to remove sediment and vegetation from up to one acre of marsh and to re-contour the slopes and depressions to at least 5 feet deep. This depth will allow for additional open water habitat without the threat of bulrush regrowth. Large, dense stands of vegetation will be removed from additional portions of the lake with an aquatically approved herbicide or mechanical means (removal methods will be case specific). Adjacent upland areas with poison hemlock and iceplant
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
5 (Carpobortus ssp. and Conicosia pugioniformis) will be treated with an appropriate herbicide.
Open, sandy banks will be created to provide turtle basking zones and general wildlife access to the lake. Other habitat enhancement features, such as downed logs or rocks for western pond turtle basking and California red-legged frog refugia, will also be installed during this phase of the project. As needed throughout implementation of the project, LCSLO will treat the existing stands of tule/bulrush and cattail within the restoration area with an aquatic approved herbicide and remove the dead debris.
Marsh Sandwort Habitat Enhancement and Outplanting: LCSLO contracted an engineering firm to obtain engineering designs and other survey-grade hydrological and topographical information needed for restoration of the freshwater marsh. LCSLO will secure an excavating contractor for the project to remove sediment and vegetation from the marsh, and to re-contour the slopes and depressions to the natural topography. A 25-ft buffer surrounding the planting site will be cleared of large, overgrown hydrophytic vegetation. This buffer will allow for better access and management of the area, and will create space for the established marsh sandwort colonies to expand. Any excavated soils will be repurposed onsite in adjacent, upland areas. LCSLO, in coordination with VFWO and the University of California, Santa Barbara’s Cheadle Center for Biodiversity and Ecological Restoration (CCBER), will obtain propagated clones of marsh sandwort from the University of California, Santa Cruz, greenhouse stock, which were originally collected from Black Lake Canyon in the nineties before it became extirpated. Cuttings from the remaining wild Oso Flaco Lake population (California Natural Diversity Database [CNDDB] Occurrence No. 9) may also be collected and used for the project. Through a USFWS Coastal Program Project, CCBER will propagate and maintain these collections for outplanting, so that at least 350 plugs are installed within the freshwater marsh onsite, post restoration.
La Graciosa Thistle Habitat Enhancement and Outplanting: VFWO will facilitate collection of La Graciosa thistle seed at as many of the existing occurrences as can be collected. VFWO and LCSLO will track the maternal lines of the collections made and record the GPS positions. La Graciosa thistle seeds will be propagated in greenhouse facilities located within the GNDC.
LCSLO will install the propagated La Graciosa thistle seedlings at two locations; the historic occurrence of the species at Black Lake (CNDDB Occurrence No. 16) and the western edge of Black Lake, where additional suitable habitat exists. Planting will be in coordination and with oversight from VFWO. LCSLO will prepare the site for planting by removing vegetation (bulrush/cattail, blackberry, and other nonnatives). Multiple management tools will be implemented to remove vegetation from the area including mechanical removal and chemical treatment. Herbicide treatment will be minimal once the La Graciosa thistle has been planted.
LCSLO will record the GPS position of each La Graciosa thistle seedling installed and monitor individuals for successful seed production.
Coastal Dunes Scrub Habitat Enhancement: Adjacent to Black Lake is a circle of eucalyptus trees
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
6 where an old homestead once resided. No buildings exist today, but the eucalyptus ring creates a physical barrier to the surrounding coastal dune scrub. The northwest portion of the eucalyptus ring supports a large western monarch overwintering population (largest counted in 2013 with 12,073; most recent count in 2019 of 741) (Xerces Society 2019). Monarchs utilize the surrounding coastal dune scrub for nectary sources to sustain their spring migration. LCSLO will contract a tree service to remove selected eucalyptus trees from the southeastern border of the eucalyptus circle, originally planted as a hedgerow. Eucalyptus trees will be selected after wind sensors have been installed and it has been determined that removal will not adversely affect the overwintering monarch population. Removal of physical and genetic barriers will restore habitat connectivity of this area with the adjacent coastal dune scrub habitat and allow native plant species to disperse and populate near the established overwintering site. LCSLO will restore coastal dune scrub habitat and enhance the monarch overwintering habitat within the opened eucalyptus circle by establishing additional flowering coastal dune scrub plants to serve as nectar sources for the monarchs. LCSLO will collect, clean and store native flowering plants from neighboring sites. All habitat enhancements will be overseen by VFWO, local monarch experts of Monarch Alert, and Dr.
Francis Villablanca of California Polytechnic State University, San Luis Obispo.
LCSLO will manage the site for invasive species; invasive species of concern include Saharan mustard and perennial veldt grass, but additional nonnative species threats will be managed as needed. LCSLO will organize an annual volunteer event in late spring to hand pull the remaining Saharan mustard population. Veldt grass is one of the most dominant invasive species within GNDC and is primarily spread by wind-borne seed (Cal-IPC 2020). In recent years, land managers throughout the complex have been controlling and arresting the spread of veldt grass. LCSLO began aggressively managing veldt grass at BLEA in 2019. Fifteen acres has already been removed within the eucalyptus ring. Controlling the spread of veldt grass was needed prior to removing eucalyptus trees, in order to prevent seed spread and veldt grass re-establishment. For more information please see Criteria 12 – “Other Factors”.
Integrated Pest Management: LCSLO’s top priority is to protect and enhance native habitats and the species within them. In order to implement the safest and most efficient techniques for invasive species control, LCSLO has adopted an integrated pest management approach. Each project component is reviewed and the appropriate management tools are executed to reach the desired outcome. To ensure projects are implemented correctly, LCSLO holds it’s own pesticide business license through the California Department of Pesticide Regulation and licensed staff manage restoration projects with the utmost care and oversight. All chemical invasive weed management actions will be conducted in accordance with the herbicide label specifications and any other measures, terms, and conditions of the regulatory permits obtained for the project. This includes direct oversite and collaboration with VFWO. Water quality testing to detect concentrations of herbicide remaining in the water will be collected and reported to the Regional Water Quality Control Board, in accordance with LCSLO’s Aquatic Pesticide Application Plan.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
7 Current and Long-Term Management: The restoration benefits will be maintained in perpetuity by LCSLO, the property owner and subrecipient of the grant, as part of the long-term management goals set in LCSLO’s Strategic Plan (Goal 2, Strategy 2.2) and the Dune Protected Areas Work Plan (LCSLO 2018). Periodic, long-term management will be necessary to preserve the ecosystem services provided through this project. LCSLO is prepared to take on the long-term maintenance of this site through periodic vegetation management and long-term restoration planning. Largescale management of this kind has never been necessary at Black Lake until recently, and is an emerging issue due to increased biostimlation, sedimentation, and changing hydrology in the region. Subsequent sediment removal, re-contouring, or other large-scale wetland vegetation management at BLEA are not expected within 20 years after completion of this project. Smaller scale vegetation management and weed control will likely continue to occur outside of the project boundary.
Small-scale vegetation management will be necessary annually and will be funded by LCSLO stewardship budget for the entirety of BLEA. The stewardship budget is in part supported by an endowment for restoration activities at BLEA, because the site was selected as a funded DPA by the Dunes Collaborative. This endowment has been preserved to maintain selected DPAs in perpetuity and is anticipated to contribute in the range of $30,000 in management funds each year for BLEA. In addition, general LCSLO operational funds are annually allocated toward management of BLEA. LCSLO also intends to pursue additional grant funding for other wetland and habitat restoration/enhancement projects throughout the adjacent Black Lake Canyon corridor, providing long-term management and improved hydrologic flow throughout the system. For more information please see Criteria 3 – “Long-term conservation”.
Readiness/Timeline: LCSLO and local partners will prepare final restoration designs, complete review under the California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA), and secure all required local, state, and federal permits to construct the project. The final design and permit phase will begin in June 2020, and is anticipated to be completed by June 2021, with the construction to follow beginning in the July 2021, and concluding by the end of 2025. If NCWC funds are awarded, they will be subgranted to LCSLO by June 2021.
Compliance: Preliminary planning and regulatory permitting for this project will be conducted with funds from California Department of Fish and Wildlife’s (CDFW) Office of Spill Prevention and Response (OSPR). A 1600 Lake and Streambed Alteration Agreement from CDFW is likely required. A Coastal Development Permit Waiver will be facilitated by the San Luis Obispo County Planning and Building Department to comply with the Local Coastal Plan. LCSLO will prepare the regulatory permit application(s) and obtain these necessary authorizations. The VFWO will conduct an internal consultation pursuant to Section 7 of the Federal Endangered Species Act and
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
8 facilitate acquisition of any other permits required for the project. This may include a 2081 or Letter of Concurrence from CDFW and cultural resource clearance pursuant to Section 106 of the National Historic Preservation Act. VFWO will prepare the associated Finding of No Significant Impact or Environmental Assessment, pursuant to the National Environmental Policy Act. VFWO will coordinate throughout permitting process, so that all project activities are covered prior to implementation.
State Trust Fund: SCC requests eligibility for a 75 percent federal share as the State of California has established trust funds for conservation of natural areas, including coastal wetlands. The primary California trust fund for these purposes was established in 1990, when California voters approved Proposition 117, the Mountain Lion Initiative. This initiative mandated the State to create the Habitat Conservation Fund (HCF) and to annually appropriate thirty million dollars to the account for use by SCC, CDFW, and other specified agencies. HCF funds are generated by both the State’s General Fund and designated cigarette tax monies. The State also has the income tax check-off for wildlife habitat and 7 the Environmental License Plate Program, which provide for voluntary contribution to habitat conservation efforts by State Agencies.
Relationship to Other Projects and/or Other Federal Grants: A complex-wide effort to protect and restore important areas exists through the Dunes Collaborative partnership. LCSLO is heavily involved this partnership and has directly contributed to restoration enhancements throughout the complex. The table below outlines the current related LCSLO projects:
Table. Other projects within GNDC
Location Main Objectives Funding Source
BLEA Marsh restoration and Marsh sandwort
outplanting
OSPR (State)
BLEA Coastal scrub enhancement and species
status species protection
Dunes Collaborative (State)
BLEA Nipomo lupine outplanting and species
research
Section 6 (LCSLO is a
subrecipient and partner)(State)
Guadalupe-Nipomo
Dunes National Wildlife
Refuge (GNDNWR)
La Graciosa thistle outplanting and
habitat enhancement
USFWS Coastal Program
(Federal); OSPR (State)
GNDNWR Foredune, coastal wetland restoration Dunes Collaborative (State) Phillips 66 Nipomo lupine habitat restoration and
species research
Dunes Collaborative (State)
Public Involvement and Interagency Coordination: The project activities are identified in the 2018 Dune Protected Areas Network Work Plan. The work plan was developed by the Dunes Collaborative which was vetted and approved by the Dunes Collaborative Restoration Task Force and over 30 subject-matter experts. For more information please see Criteria 12 - “Education/outreach program or wildlife-oriented recreation”.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
9 BUDGET AND BUDGET NARRATIVE
The $584,909 in requested funding from the NCWCGP would fund the wetlands restoration project as well as part of the cost of project management. California Department of Fish and Wildlife’s (CDFW) Office of Spill Prevention and Response (OSPR) is providing match for completion of the final design and permitting work to be completed prior to the restoration construction phase. The total project cost, including the final design, permit phase, and restoration construction phases, is $930,390. The project cost is being met with the required base match for the NCWC grant, totaling $345,481 in in-kind and cash match. Additional information on cost categories used in the SF424C follows.
Match and Non-Match Summary
Federal Participation
National Coastal Wetlands Conservation (NCWC) Grant Program $584,909 USFWS Coastal Program $2,500
Non-Federal Match
State Coastal Conservancy - Habitat Conservation Fund (SCC) $73,500 California Department of Fish and Wildlife’s Office of Spill Prevention and Response (OSPR)
$27,858; $66,900*
Dunes Collaborative $157,103*
California Native Plant Society, San Luis Obispo Chapter (CNPS) $8,000 California Central Coast Wildlife Society (CCCWS) $3,120 The Land Conservancy of San Luis Obispo County (LCSLO) $6,500* Total Project Costs $930,390
*Pre-award match
Administrative and Legal Expenses: Consists of project management costs totaling $20,037 in staff time for the State Coastal Conservancy (SCC). This expense will be funded by NCWC funds and will cover project management and legal staff time to prepare a staff recommendation and present it to the Conservancy Board for authorization, prepare a grant agreement, process invoices, prepare reports, and assist with project permitting and oversight. Conservancy staff will also be involved in finalizing project designs. Conservancy staff hours are as shown in the table below.
Position
(Staff Person)
Hours Hourly
Rate
Fringe Benefit
Percentage
Indirect
Cost Rate
Total
Billable
Conservancy Project
Development Analyst II
(Hilary Walecka)
130 47.46 53.91% 50.82% $14,143
Attorney I
(Kim Kriozere)
24 71.27 53.91% 50.82% $3,921
Public Lands Manager
(Trish Chapman)
12 71.71 53.91% 50.82% $1,973
Total $20,037
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
10 Architectural and Engineering Fees: Architectural and engineering costs total $60,400. These costs are for conceptual and final design and permitting for the project, including an environmental review under the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). These costs will be paid for with OSPR funds and will be utilized to pay fees for an engineering consultant to prepare final designs and for permitting. These costs are expected to be incurred after the proposal is submitted but before the award is made. This is a cash match contribution.
Construction: Construction costs total $843,453 as detailed below. Funding for construction costs will come primarily from NCWC funds. NCWC funds for construction will be a contractual expense through a subgrant agreement between SCC and the Land Conservancy of San Luis Obispo County (LCSLO).
Major Implementation Tasks, Budget, and Timeline
Activity Cost Funding Source Completion
Date
Planning and permitting $60,400*
$6,500*
OSPR
LCSLO**
Fall 2020
Construction
Black Lake Vegetation
Management and Enhancement:
vegetation management, enhance
hydrological functions, and
decrease biostimulation
$136,761
$73,500
$500
$2,000
NCWC
SCC
CNPS
CCCWS
Fall 2022
Marsh sandwort Habitat
Enhancement: vegetation
management, recontouring,
sediment removal, planting, and
monitoring
$47,515
$27,858
$2,500
NCWC
OSPR
USFWS Coastal
Program
Winter 2023
La Graciosa thistle Habitat
Enhancement: vegetation
management, planting, and
monitoring
$32,338 NCWC Winter 2023
Coastal dune scrub Habitat
Enhancement: invasive species
management, seed collection,
habitat enhancement, monitoring
$354,758
$157,103*$7,500
$1,120
NCWC
Dunes Collaborative
CNPS**
CCCWS**
Winter 2023
Construction subtotal $843,453
Project Management $20,037 NCWC
Total Project Cost $930,390
*Pre-award match, **In-kind match
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
11 Detailed Construction Budget:
Pre-award Cash Match: Pre-award cash match totals $224,003; $217,503 is cash match and $6,500 is in-kind match. The Dunes Collaborative has contributed $157,103 towards veldt grass removal at BLEA over the last two years. The spread of veldt grass needed to be controlled prior to coastal dune scrub and monarch restoration in order to prevent seed spread throughout BLEA as veldt grass is one of the most dominant invasive species within Guadalupe-Nipomo Dunes Complex (GNDC). It is primarily spread by wind-borne seed and in recent years, land managers throughout the complex have started aggressively controlling veldt grass (Cal-IPC 2020). California Department of Fish and Wildlife’s (CDFW) Office of Spill Prevention and Response (OSPR) is providing $60,400 in pre-award cash match for final design and permitting work which will be completed prior to the restoration construction phase. LCSLO will provide $6,500 in in-kind, pre-award match to help complete the final design and permitting work.
In-Kind Match: In-kind match for the project totals $15,120. LCSLO will provide $6,500 in
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
12 volunteer labor for project design and management. California Native Plant Society, San Luis Obispo, a local nonprofit, are contributing a total of $7,500 to plan and implement one public volunteer event for three years to manage invasive plant species and collect native seed. Each volunteer event will provide 125 volunteer hours at $20 per hour. California Central Coast Wildlife Society is contributing volunteer professional services in the amount of $1,120 to conduct a oneday bio blitz of the site to provide an updated inventory of wildlife species utilizing the site. The bio-blitz will be conducted by four experts over one day.
Required Indirect Cost Statement: We are a U.S. state government entity receiving less than $35 million in direct Federal funding annually with an indirect cost rate of 50.82%. We are required to prepare and retain for audit an indirect cost rate proposal and related documentation to support those costs. SCC anticipates charging indirect costs on SCC staff time for the grant. These costs are included in the $20,037 in staff time described above, as seen in the staff time table. SCC’s Negotiated Indirect Cost Agreement is attached to this proposal.
Single Audit Reporting Statement: The California State Coastal Conservancy’s required Single Audit Reporting Statement is on file with WSFR. In addition, a current Assurances form (SF 424D) is on file with our regional WSFR office.
Conflict of Interest: There are no conflicts of interest to disclose in association with this project.
Overlap/Duplication Statement: There is no overlap or duplication between this application and any of our other Federal applications or funded projects in regard to activities, costs, or time commitment of key personnel.
Allocation of Costs: Overall project implementation costs are charged to funding sources in keeping with identified project components in submitted grant proposals and grant agreements.
Indirect costs are charged on direct costs allocated to specific funding sources.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
13 RANKING CRITERIA
1. Wetlands conservation.
Table. Acreage enhanced/restored by the project.
Habitat Type Number of acres Percentage of total project area
Total Project Area 45 100%
Total declining coastal
wetlands
23.96 53.2%
Freshwater emergent wetlands
(PEM1C) 4.78 10.6%
Freshwater forested/shrub
wetlands (PSS1C) 12.24 27.2%
Coastal dune freshwater pond
(PUBH) 6.94 15.4%
Total stable coastal wetlands 0 0%
Total Upland 21.04 46.8%
The US Fish and Wildlife Service has described the GNDC as, “the most unique and fragile ecosystem in the State of California” (USFWS 2000). The coastal freshwater habitats found in the GNDC are extremely unique and not found in other dune systems along the California Coast.
BLEA is home to intact coastal freshwater marsh habitat, as well as other rare habitats such as active coastal dunes, central foredunes, central dune scrub, Central Coast arroyo willow riparian communities. BLEA was previously owned by the adjacent Dune Lakes Ltd. before being purchased and transferred to LCSLO. Before transferring the property, Dune Lakes Ltd. actively managed the hydrology in Black Lake for flood control, agricultural irrigation, and to maintain flow levels for waterfowl (2 LCSLO 2018). Groundwater pumping has increased substantially over the last decade due to expanding residential development and surrounding agriculture (1 LCSLO 2018). As a result, subsurface recharge has decreased and surface flows have increased, causing increased sedimentation, biostimulation, and overgrowth of denser, hyrdrophytic vegetation. Without some vegetation management, the coastal freshwater emergent wetland immediately east of the lake will be completely taken over by tule/bulrush to the point where it will likely no longer pond water and will constrict surface flows into the lake. Recontouring the freshwater marsh and removing vegetation throughout the freshwater wetland will retain water capacity and surface flow, and prevent from type conversion to upland. This project will restore the area to 17.02 acres of freshwater emergent and forested/shrub wetlands.
Black Lake is classified as a freshwater pond on the National Wetlands Inventory Mapper, but is unique from most California ponds in that it is landlocked by sand dunes less than one mile from the ocean (USFWS 2020). Black Lake is part of Dune Lakes, a system of eleven coastal dune
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
14 freshwater ponds that are located very close to the Pacific Ocean, where the groundwater table is perched and provides for the ponding of water. Due to agricultural and urban development, recreation, and stabilization from non-native species, California’s coastal dunes systems have been severely impacted and reduced to isolated areas throughout the coast (Pickart 1988). The decline of California’s coastal dunes has subsequently reduced the number of coastal dune freshwater ponds. The Dune Lakes and freshwater ponds of GNDC are the only places on California’s Central Coast that have naturally occurring coastal dune freshwater ponds (USFWS 2020). The rarity of this habitat makes it imperative to protect and restore; not only is a coastal dune freshwater pond a regionally decreasing wetland type, it is the only location on the West Coast with this density of coastal dune freshwater ponds.
Recently, the lakes within Dune Lakes are drying and hold perennial water less frequently (Kofron 2019). Black Lake is the deepest of the Dune Lakes, receiving water from both groundwater recharge and surface flow from Black Lake Canyon (1 LCSLO 2018; Kofron 2019). From 2012 to 2016, California was in a severe state of drought from 2012 to 2016 and in 2017, although Governor Jerry Brown announced that the California drought was over, the drought restrictions remained for the Nipomo Mesa (Lund et al. 2018; Nipomo Community Services District 2017; Leslie 2017). Nipomo’s water supply is mainly filled by groundwater aquifers, and although rivers and reservoirs were re-charged at the end of California’s most recent drought, groundwater aquifers take years or decades to refill (Nipomo Community Services District 2017; Lund et al. 2018). The year-to-year precipitation in California has been variable since 1980, causing uncertainty with how precipitation will vary into the future (OEHHA 2019). As groundwater resources become more uncertain, protecting the hydrology of Black Lake is crucial to keeping a source of perennial freshwater in the region. Vegetation management will prevent the coastal freshwater pond from being taken over by tule and bulrush, resulting in increased water retention and valuable, open-water habitat. This project will protect the habitat at Black Lake by restoring
6.94 acres of the coastal dune freshwater pond.
Long-term management of groundwater resources is a complex and multi-faceted issue that is being addressed systematically by the state, with implementation and regional planning from the County and at smaller, more localized scales. We expect groundwater pumping issues to persist into the foreseeable future. Fortunately, the portion of the groundwater table beneath Black Lake is relatively close to the surface, which makes it a reliable and consistent, perennial water source.
Therefore, the overarching purpose of the project scope is the maximize the hydrological function within the system to achieve the most efficient use of surface water outputs and groundwater recharge. Overgrown hydrophytic vegetation and sediments trap water and disrupt recharge, and this is one of the aspects that the project is designed to remove and subsequently manage.
LCSLO is committed to water resource management and protection in the region through the conservation of land. LCSLO has conserved 2,060 acres of property in Black Lake Canyon and
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
15 over 30,000 acres throughout San Luis Obispo County (Figure 5). The protection of these lands means long-term protection of the groundwater resources below. With the threat form expanding agriculture and greenhouse properties in the area, LCSLO’s acquisition of lands for conservation purposes limitsthe groundwater extraction and offer important wildlife wetland resources. LCSLO considers Black Lake and the surrounding area to be a priority land conservation area and will continue to focus conservation efforts in the region.
2. Maritime forests on coastal barriers. Not Applicable.
3. Long‐term conservation. LCSLO purchased BLEA from the Nature Conservancy with the specific intent of preserving and protecting the unique set of habitats found within the Guadalupe Nipomo Dunes. BLEA offers an unparalleled opportunity to protect both coastal wetlands and dwindling coastal dune scrub while safeguarding important wildlife corridors. The property’s management priorities have always been determined on how it will benefit the coastal dune ecosystem and the species found within it. LCSLO has worked diligently for the last 20 years to enhance the coastal dune scrub habitat surrounding Black Lake and it is now a regional example of how successful coastal dune restoration can be maintained.
The coastal wetland enhancements selected in this proposal will require minimal maintenance in the next 20 years. BLEA has needed very little management in the last 50 years but with recent increases in sedimentation and biostilumation, and the changes in the regional hydrology, larger scale restoration is necessary to enhance the wetland functions. Project components were selected to ensure that LCSLO’s annual management budget can execute their long-term success. Longterm management activities will predominately include invasive species control surrounding special status species, and early detection of invasive species threats. LCSLO will continue to apply for regional, state, federal funding to support additional work at BLEA, and throughout Black Lake Canyon. BLEA has also been designated as a Dune Protected Area and a restoration endowment has been put in place for long-term management and maintenance. This restoration endowment has been invested and only the interest can be used annually. Returns will fluctuate year to year, but it is likely BLEA DPA will secure around $30,000 each year to maintain and manage restoration projects. Based on similar projects LCSLO has implemented regionally, this funding will be sufficient to maintain the habitat improvements created through this funding.
4. Coastal watershed management. Black Lake Ecological Area was selected as one of eleven Dune Protected Areas in GNDC because of its high-quality habitat and inclusion of conservation targets. BLEA has specifically been mentioned as a high priority in many regional conservation plans. The below plans are highlighted because they specifically identify the area, have been developed or updated over the past decade, and continue to guide conservation investments, and represent the diversity of conservation targets and habitats that could be protected via this project.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
16 Table. Coastal Watershed Plans and Efforts
Management Plan/Effort Project Contribution to Goals
Dune Protected Areas Network
1.0 Restoration Plan (2018)
The project will implement the following listed restoration activities for BLEA:
• Invasive removal of: narrow leaved iceplant, perennial veldt grass, blue gum eucalyptus, and Saharan mustard
• Enhancement of natural dune succession
• Non-native tree removal
• Active habitat enhancement
• Wetland preservation and connectivity – freshwater habitats Dune Protected Areas Network
1.0 Work Plan (2018)
The project will implement the following Priority 1 Action for BLEA:
• Perennial veldt grass removal
The project will implement the following Priority 2 Actions for BLEA:
• Saharan mustard containment and control
• Narrow leaved iceplant control
• Blue gum eucalyptus tree containment and removal
• Freshwater habitat enhancement
The project will implement the following Priority 3 Actions for BLEA:
• Dune succession restoration
• Active habitat restoration
San Luis Obispo County’s
Local Coastal Program (1988)
BLEA is designated an Environmentally Sensitive Habitat Area (ESHA) by San Luis Obispo County. ESHA is a type of Sensitive Resource Area where plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could easily be disturbed or degraded by human activities and development. This project will improve the quality of the designated ESHA.
Recovery Plan for Marsh
Sandwort (Arenaria paludicolu)
and Gambel’s Watercress
(Rorippa gambelii)
Actions needed:
1. Protect, maintain, and enhance species habitats
2. Monitor and document species populations and habitat characteristics
3. Conduct research on the ecology and biology of the species
4. Increase size of existing populations
Objective 15. Enhance existing habitat at Black Lake Canyon
5. Conservation of threatened and endangered species. The Central Coast region of California supports a broad range of unique habitat types and many special status species. These communities
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
17 and the species that utilize them are also some of the most threatened because of population growth and urban development, increased pressures from agriculture, recreation and tourism, as well as sea level rise and climate change. Implementation of this project will restore or enhance habitat for 15 special status species. Each of these species are listed in the table below, which includes their regulatory status and a brief description of how the project benefits them and their habitat.
Table. Special Status Species Benefiting From the Project Common Name Scientific Name Status Project Benefits
American
peregrine falcon
Falco peregrinus anatum BMC; SWAP* Restoration of coastal dune scrub and freshwater marsh
Blochman’s leafy
daisy
Erigeron blochmaniae CRPR List 1B.2 Coastal dune scrub habitat restoration
California black
rail
Laterallus jamaicensis
coturniculus
ST/SFP Freshwater marsh habitat
restoration
California redlegged frog Rana draytonii FT/SSC Freshwater marsh and lake (breeding, aquatic and
upland) habitat restoration
California sawgrass Cladium californicum CRPR List 2B.2 Freshwater marsh habitat restoration
coast horned
lizard
Phrynosoma blainvillii SSC Coastal dune scrub habitat
restoration
coastal goosefoot Chenopodium littoreum CRPR List 1B.2 Coastal dune scrub habitat restoration
crisp monardella Monardella undulata ssp.
crispa
CRPR List 1B.2 Coastal dune scrub habitat
restoration
dune larkspur Delphinium parryi ssp.
blochmaniae
CRPR List 1B.2 Coastal dune scrub habitat
restoration
Golden eagle Aquila chrysaetos BMC**; SWAP* Restoration of coastal dune scrub and freshwater marsh
La Graciosa
thistle
Cirsium scariosum var.
loncholepis
FE/ST/CRPR List
1B.1
Freshwater marsh and lake
habitat restoration and
outplanting
legless lizard Anniella pulchra SSC Coastal dune scrub habitat restoration
marsh sandwort Arenaria paludicola FE/SE/CRPR List
1B.1
Freshwater marsh habitat
restoration and outplanting
monarch butterfly
- overwintering
Danaus plexippus FR Coastal dune scrub (nectar
sources) and overwintering
habitat restoration and
management
Nipomo lupine Lupinus nipomensis FE/SE/CRPR List
1B.1
Coastal dune scrub habitat
restoration and outplanting
San Luis Obispo
monardella
Monardella undulata ssp.
undulata
CRPR List 1B.2 Coastal dune scrub habitat
restoration
southwestern
pond turtle
Actinemys pallida SSC Freshwater marsh and lake
(breeding, aquatic, and
upland) habitat restoration
Status Codes: FE - Federally Endangered; FT - Federally Threatened, FR - Undergoing Federal Review; SE - State Endangered, ST - State Threatened; SFP - State Fully Protected; SSC - State Species of Special
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
18 Concern; CRPR List 1B.1 - California Native Plant Society Rare Plant Rank, Plant Rare, Threatened or Endangered in California and elsewhere that is seriously threatened in the State; CRPR List 1B.2 - California Native Plant Society Rare Plant Rank, Plant Rare, Threatened or Endangered in California and elsewhere that is moderately threatened in the State; CRPR List 2B.2 - Plant Rare, Threatened or Endangered in California, but more common elsewhere that is moderately threatened in the State; BMC - Birds of Management Concern under Migratory Bird Treaty Act; BMC** - Birds of Management Concern Focal Species; and SWAP* - State Wildlife Action Plan Species of Greatest Conservation Need.
Federal Threatened and Endangered Species. Implementation of the project will directly benefit four federally listed species and one that is undergoing formal review by the USFWS to determine if protections under the federal Endangered Species Act are warranted. This section describes these federally listed species in greater detail and further explains how they will directly benefit from the project. Additional information about how the project furthers fulfillment of the species’ recovery plans, overall recovery, and designated critical habitat is also included in this section.
California Red-legged Frog: This species was listed as threatened by the Service in 1996 (61 FR 25813). The revised critical habitat designation for California red-legged frog was finalized in 2010 (75 FR 12816). While BLEA does not occur within the critical habitat designation, it still offers important habitat identified in the regional conservation strategy. The final California red-legged frog recovery plan was approved by the Service in 2002 (USFWS 2002).
The species requires both aquatic and upland habitats. It breeds in streams, ponds, marshes, plunge pools and other backwater areas within dune ponds, lagoons and estuaries. The typical breeding season extends November through March. Riparian habitats are important for resting, feeding, dispersal, moisture, and cover. California red-legged frog disperses into upland areas during the wet season and may travel overland distances up to two miles from breeding sites, depending on the habitat types present. Dispersing individuals rely on habitat features such as boulders, interstitial spaces beneath tree roots, unoccupied small mammal burrows, and other soil cracks and crevices for cover. Adults may remain active all year if suitable aquatic habitat is present and will estivate in moist refuges, until the onset of the wet season if such habitat is unavailable.
California red-legged frog faces a high risk of extirpation in the GNDC, where it is wellknown to occur. This risk is primarily due to declining aquatic and upland habitat quality, changes in hydrology, and predation from American bullfrog (Lithobates catesbeianus). Unlike other coastal stream areas where California red-legged frog occurs throughout San Luis Obispo County, the species has limited ability to move between aquatic sites because of the xeric nature of the surrounding upland habitat. Invasive species, such as veldt grass and overgrown hydrophytic plants, utilize large amounts of the available water and alter the hydrologic function. The stability of populations within occupied sites throughout the GNDC is crucial in order to maintain regional connectivity between other occupied areas along the coast located to both the north and the south.
Several CNDDB occurrence records for the species are within GNDC and surround BLEA.
Element Occurrence No. 744 is located within Black Lake Canyon, approximately 2.88 kilometers (1.8 miles) east of the State Highway 1 crossing. CNDDB Occurrence No. 496 is located north of BLEA and was recorded within Arroyo Grande Creek. Occurrence No. 936 and 299 are located to the south and were documented in dune ponds within the Oceano Dunes State Vehicular Recreation Area. VFWO recently funded an eDNA study within the Guadalupe-Nipomo Dunes
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
19 National Wildlife Refuge that yielded positive results for the species in several of the ponds within this site and staff have randomly encountered the species within the freshwater marsh and lake margins of Black Lake. Local consultants recall seeing approximately 25 individuals within Black Lake Canyon in 2010 and 15 in the same area in 2018. They presume breeding and persistence of the species in the Canyon (Terra Verde Environmental Consulting 2020, pers. com.).
VFWO is working on a draft strategic conservation plan and advisory mitigation guidance for California red-legged frog informed in part, by elicitation from several species experts. This document is intended to be used as a stepped-down tool to achieve the criteria outlined within the species recovery plan for the regionally identified core areas. Protection of the existing ponds within the GNDC are identified as one of two most crucial actions for conservation and recovery of California red-legged frog in the South Coast Region. This same document also recommends permanent protection and/or management of aquatic features occupied by California red-legged frog by purchase or establishment of conservation easements and/or funding for maintenance and restoration on such features located near the Nipomo Mesa as a specific conservation priority (USFWS 2018). More generally, implementation of the proposed project contributes to accomplishment of the following delisting criteria identified within the species recovery plan: 1) suitable habitats within all identified core areas protected and/or managed for California red-legged frogs in perpetuity, and the ecological integrity of these areas is not threatened by adverse anthropogenic habitat modification (including indirect effects of upstream/downstream land uses) and 3) populations are geographically distributed in a manner that allows for the continued existence of viable metapopulations despite fluctuations in the status of individual populations (i.e. when populations are stable or increasing at each core area [USFWS 2002]).
La Graciosa Thistle: La Graciosa thistle was federally listed as endangered in 2000 (65 FR 14888).
The revised critical habitat designation for the species was finalized in 2009. BLEA is within Unit 1A of the designation (75 FR 12816). The Service is in the process of completing a draft recovery plan for the species, but the draft is not far enough along in the review process to cite. La Graciosa thistle occurs in wetland habitats with sandy soils including: coastal dune wetlands, lakes, marshes, ponds, seeps, and swales. It also occurs along the upper margins and floodplains of intermittent and perennial coastal streams. La Graciosa thistle survives by colonizing patches of newly opened habitat created by physical or biotic disturbance, which typically results from wind-driven dune processes and natural, seasonal fluctuations in hydrology. The species is generally competitively inferior to later successional species, such as willow (Salix spp.) and bulrush (Schoenoplectus spp., Bolboschoenus spp., and Scirpus microcarpus). Most of the known occurrences are associated with wetland features scattered throughout the backdunes of the GNDC and a marshy, riverine system along the upper margins and floodplains of the Santa Maria River that marks the southern limits of the GNDC.
There are currently 23 element occurrences of La Graciosa thistle in the CNDDB. Of these, 16 are likely or confirmed to be extirpated and seven are extant. CNDDB Occurrence No. 16 is mapped within Black Lake and considered extirpated. The species was reported to occur within Black Lake by the late Robert Hoover in his Vascular Plants of San Luis Obispo County (1970), but has not been observed since despite several survey efforts. Implementation of this project will repatriate La Graciosa thistle in Black Lake, which is essential to its recovery. The site is
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
20 especially important because it has a perennial source of water. Repatriation of the species within Black Lake is also important for recovery because the site is conserved in perpetuity and has a management endowment.
Marsh Sandwort: Marsh sandwort was federally listed as endangered in 1993 (58 FR 41378).
Critical habitat for this species has not yet been designated. A recovery plan was finalized for marsh sandwort in 1998 and was amended to include delisting criteria in 2019 (USFWS 1998 and USFWS 2019). This species requires freshwater marsh habitats along the coast; it has declined drastically throughout its range and is facing extreme risk of extinction. There are 16 element occurrences currently in the CNDDB. Of these, only two are confirmed to be extant (Occurrence No. 14 and No. 9). The rest of the occurrences are likely or confirmed to be extirpated.
Occurrence No. 14 was established in 2003 at a local preserve in San Luis Obispo County by a joint venture with several partners and VFWO. This population was reduced in size from King Tides that submerged its habitat over the winter of 2018. Competition from other species (common watercress [Nasturtium officinale] and water beard grass [Polypogon viridis]) and foraging by raccoon (Procyon lotor) are also threatening the occurrence. Occurrence No. 9 is a wild population on State Park lands last seen in 2018. Competition from other aquatic species, sedimentation, and changes to the local hydrology are the most imminent threats identified for this population and no management is occurring. In 2011, VFWO worked with partners to outplant marsh sandwort at two national park sites in the Bay Area. One of the sites is considered stable, and partners are working to manage threats and bolster this population. The other was not successful.
Black Lake and the associated canyon to the east of State Highway 1 include five of the CNDDB occurrences and was the most prolific locality throughout the species historic range. Occurrence No. 4 was mapped directly on Black Lake and is now extirpated. Therefore, implementation of this project is the first step to strategically repatriate marsh sandwort in Black Lake and throughout the extent of the canyon. Re-establishment of a viable population of the species at this location is paramount to its recovery and has the highest chance of success because the site will be managed in perpetuity. The main objective for the long-term management and recovery of marsh sandwort is to secure viable, self-sustaining populations of the species in its natural habitat (USFWS 1998, page 30). More specifically, the preliminary criteria for downlisting are: at least five populations of at least 500 individuals and the populations remain viable for at least five years. The species recovery plan specifically mentions Black Lake Canyon as being desirable because at the time of this publication, it supported several occurrences and permanently protected habitats (USFWS 1998, page 30-31). Implementation of this project will explicitly address achievement of the marsh sandwort preliminary downlisting criteria.
Monarch: The USFWS received a petition to list monarch as a threatened species under the Endangered Species Act of 1973, as amended in August 2014. In December 2014, USFWS found the petition presented substantial scientific or commercial information that indicated listing the monarch may be warranted (79 FR 78775). USFWS is currently conducting a full evaluation of the status of the species and the listing decision is due in December 2020.
Monarchs have a global distribution and North America supports two migratory populations; one located east of the Rocky Mountains and another to the west. Migratory individuals located in the
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
21 west overwinter primarily along the California coast and into northern Baja California. The location and structure of these sites provide the specific microclimates needed for survival in the western overwintering areas. Suitable overwintering groves consist of mature tree species, including blue gum eucalyptus (Eucalyptus globulus), Monterey pine (Pinus radiata), Monterey cypress (Hesperocyparis macrocarpa) stands, and others. Adult monarchs require a diversity of blooming nectar resources to feed on throughout their migratory pathways and breeding grounds (generally spring, summer and fall). In temperate climates, like western North America, some monarchs breed at the overwintering sites before dispersing for the spring migration.
The western monarch population has declined by about 97 percent since 2010, and it is estimated to be less than one percent of its historic size (Xerces 2020, website). Overwintering grove degradation and loss, breeding/migratory habitat loss, pesticides and climate changes are some of the largest threats identified. BLEA currently supports an overwintering monarch population at the northwest portion of the eucalyptus ring at BLEA (largest counted in 2013 with 12,073; most recent count in 2019 of 741) (Xerces Society 2019). However, the site is in need of restoration to ensure persistence of the species at this location. The Xerces Society website lists five key actions that can be implemented immediately to prevent collapse of western monarch migrations throughout its range including: 1) protect and manage overwintering sites; 2) restore breeding and migratory habitat in California; 2) protect monarchs and their habitat from pesticides; 4) protect, manage and restore summer breeding and fall migration habitat outside of California; and 5) answer key research questions about how to best aid western monarch recovery (Xerces 2020, website). Implementation of this project directly achieves objectives one through three.
Nipomo Lupine: This species was listed as endangered by the Service in 2000 (65 FR 14888).
Critical habitat for Nipomo lupine has not yet been designated. The Service is in the process of completing a recovery plan for the species and the draft will be available before the end of 2020.
Nipomo lupine requires coastal dune scrub habitats with a high diversity of annual forbs and the shrub mock heather (Ericameria ericoides) as the primary indicator species. The entire range of this narrow endemic consists of 2.4 square kilometers (1.5 miles) located within the stabilized back dunes west of the Nipomo Mesa, within the GNDC. Almost none of this habitat type remains and most of it has already been converted to residential and urban development and agriculture. Habitat loss from development and non-native, invasive species (predominantly veldt grass) are the primary threats to the species.
There is currently only one known population of Nipomo lupine comprised of several colonies, now divided by convention into three CNDDB occurrences. Two of the three are extant and located west of State Highway 1. Occurrence No. 1 is the largest colony of the species and occurs on the privately owned 1,780-acre Santa Maria Oil Refinery, actively operated by the Phillips 66 Company. This occurrence is not secure from threats, although we do have some ongoing collaborative research and monitoring projects underway with LCSLO, VFWO, and several other partners. Occurrence No. 10 is the result of many years of work on the species and is a successful and self-sustaining outplanting within BLEA. It is actively owned and managed by LCSLO for perpetuity. Occurrence No. 3 is extirpated and considered historic. However, LCSLO owns lands with coastal dune scrub habitat within this location and future outplanting is planned through other funding mechanisms. Implementation of this project is an will bolster the colonies already established at BLEA (CNDDB Occurrence No. 10) and introduce the
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
22 species to the newly restored area of coastal dune scrub habitat. It will at least double the size of the resident colony, thus increasing the overall resiliency and redundancy of the population.
6. Benefits to fish. The project will restore the aquatic habitat in Black Lake. Through the implementation of this project, 17.02 acres of adjacent freshwater wetland will be restored, reducing the sedimentation and improving the water quality and flow into Black Lake. Threespine stickleback (Gasterosteus aculeatus) were once common throughout the lakes in GNDC (Smith 1976). It is likely that many species of fish, including a population of stickleback, persists at Black Lake since it serves as one of the only perennial sources of freshwater in GNDC. Stickleback along with other small fish species provide food for birds of prey known in the area. Black Lake has not been surveyed for fish in recent history; the bioblitz conducted by CCCWS will help to update the inventory of fish species that occur on the property.
7. Benefits to coastal-dependent or migratory birds. Water brought down through Black Lake Canyon provides important foraging and roosting sites for many bird species. It is one of the few migratory corridors that connects the GNDC with other adjacent wildlands. The Southern Pacific Shorebird Conservation Plan considers from Pismo Beach south to the Santa Maria River Mouth an area of important wetlands and beaches (Hickey et al. 2003). Goals of this plan include:
removing non-native vegetation and restoring native plant communities of coastal dune systems; restoring additional wetlands to support migrating, wintering, and breeding populations; and avoiding further fragmentation and encroachment of wetlands by development. The project helps to accomplish these goals by restoring valuable coastal dune scrub, freshwater pond, and forestedshrub wetland habitat for the state endangered willow flycatcher and other coastal-dependent and migratory birds. Bird species of concern within the Dune Lakes that will benefit from this project are listed in the table below, which includes a brief description of how the project benefits them.
Table. Coastal-dependent and migratory birds observed within the Dune Lakes that will benefit from the project
Common Name Scientific Name Federal, State, or
Conservation Plan
Status
Project Benefit
Allen’s hummingbird Selasphorus
sasin
BMC; CSC
Secondary Species
Coastal dune scrub restoration
American coot Fulica
americana
CCWCP Enhancement and restoration of
wetland features; enhancement of
foraging habitat
American peregrine
falcon
Falco peregrinus
anatum
BMC; SWAP* Restoration of coastal dune scrub
and freshwater marsh
Bewick’s Wren Thryomanes
bewickii
CSC Secondary
Species
Enhancement and restoration of
forested-shrub wetland
Blue-gray Gnatcatcher Polioptila
caerulea
CSC Secondary
Species
Enhancement and restoration of
forested-shrub wetland
Blue-winged teal Spatula discors BMC; NAWMP Enhancement and restoration of wetland features; enhancement of
foraging habitat
Bufflehead Bucephala NAWMP Enhancement and restoration of
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
23 albeola wetland features; enhancement of
foraging habitat
California Quail Callipepla
californica
CSC Secondary
Species
Coastal dune scrub restoration;
enhancement and restoration of
forested-shrub wetland
California Thrasher Toxostoma
redivivum
CSC Secondary
Species
Coastal dune scrub restoration
Canvasback Aythya
valisineria
BMC; NAWMP Enhancement and restoration of
wetland features; enhancement of
foraging habitat
Common Goldeneye Bucephala
clangula
BMC; NAWMP Enhancement and restoration of
wetland features; enhancement of
foraging habitat
Common Yellowthroat Geothlypis
trichas
CSC Secondary
Species
Enhancement and restoration of
wetland features; enhancement of
foraging and nesting habitat
Double-crested
cormorant
Phalacrocorax
auritus
BMC; CCWCP Restoration of waterfowl habitat
and roosting sites.
Golden eagle Aquila
chrysaetos
BMC**; SWAP* Restoration of coastal dune scrub
and freshwater marsh
Great Blue Heron Ardea herodias CCWCP Enhancement of foraging habitat Green Heron Butorides
virescens
CCWCP Enhancement and restoration of
wetland features; enhancement of
foraging habitat
Green-winged teal Anas crecca BMC; NAWMP Enhancement and restoration of wetland features; enhancement of
foraging habitat
Mallard Anas
platyrhynchos
BMC; NAWMP Enhancement and restoration of
wetland features; enhancement of
foraging habitat
Northern flicker Colaptes auratus BMC Enhancement of foraging habitat; enhancement and restoration of
forested-scrub wetland habitat
Northern harrier Circus hudsonius SWAP Enhancement of foraging habitat; coastal dune scrub restoration
Nuttall’s woodpecker Dryobates
nuttallii
BMC Enhancement and restoration of
forested-shrub wetland
Ruddy Duck Oxyura
jamaicensis
NAWMP Enhancement of foraging habitat
Rufous Hummingbird Selasphorus
rufus
BMC Coastal dune scrub restoration
Spotted Towhee Pipilo maculatus CSC Secondary
Species
Coastal dune scrub restoration;
enhancement and restoration of
forested-shrub wetland
Swainson’s Hawk Buteo swainsoni BMC; SWAP* Restoration of coastal dune scrub and freshwater marsh
Turkey Vulture Cathartes aura CSC Secondary
Species
Enhancement and restoration of
forested-shrub wetland
Western Scrubjay Aphelocoma
californica
CSC Secondary
Species
Coastal dune scrub restoration;
enhancement and restoration of
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
24 forested-shrub wetland
Willow flycatcher Empidonax
traillii
SE Coastal dune scrub restoration;
enhancement and restoration of
forested-shrub wetland
Wrentit Chamaea
fasciata
CSC Primary
Species
Coastal dune scrub restoration
Conservation Plan Codes: BMC - Birds of Management Concern under Migratory Bird Treaty Act; BMC** - Birds of Management Concern Focal Species; Coastal California (BCR 32) Waterbird Conservation Plan - CCWCP; Coastal Scrub and Chaparral Bird Conservation Plan – CSC; NAWMP - North American Waterfowl Management Plan; SE - State Endangered; SWAP - State Wildlife Action Plan; and SWAP* - State Wildlife Action Plan Species of Greatest Conservation Need.
USFWS Migratory Bird Program’s Birds of Management Concern and Focal Species: The Birds of Management Concern is a list of species, subspecies, populations, or geographic segments of populations that warrant management or conservation attention, as identified by the U.S. Fish and Wildlife Service (USFWS 2011). Birds of Management Concern Focal Species are identified over the short term to receive specific attention. This project will work towards improving habitat quality for birds of management concern within BLEA.
Coastal California Waterbird (Bird Conservation Region 32) Conservation Plan (2014): The project is located within Coastal California Bird Conservation Region (BCR) 32 of the Waterbird Conservation for the Americas – North American Waterbird Conservation Plan (Kushlan et al. 2002). The Coastal California (BCR 32) Waterbird Conservation Plan addresses conservation issues and threats to waterbirds within the region (Shuford 2014). This project will directly address the following threats to loss of habitat integrity: land use practices that increase siltation accelerating the natural processes of infill and succession; competition for water and climate change and sea level rise; invasive plant species. The project vicinity provides important foraging habitat identified by BCR32 plan, including emergent vegetation and shallow waters.
The Coastal Scrub and Chaparral Bird Conservation Plan (2004): The plan highlights that habitat loss from urban and suburban development has been severe for coastal scrub habitat, due to its proximity to coastal population centers (CalPIF 2004). This project addresses the following Habitat Protection Recommendations from the plan: Objective 1 - Prioritize coastal scrub sites for protection and restoration; Objective 2 - Promote coastal scrub and chaparral ecosystem health (I.e., a self-sustaining, functioning system); and Objective 3 - Design and implement restoration projects that mimic the diversity and structure of natural shrubland plant communities.
North American Waterfowl Management Plan Update (2018): This project will work towards enhancing and restoring habitat for mallards, green-winged teals, goldeneyes, blue-winged teals, canvasback, and buffleheads.
California State Wildlife Action Plan (2015): The SWAP identifiesspecies that would benefit from the conservation strategies for each target within the province (CDFW 2015). Species in the State Wildlife Action Plan that will benefit from this project are Swainson’s hawk, golden eagle, and American peregrine falcon. These species are the focus of the conservation strategies and will benefit from the coastal dune scrub and freshwater marsh restoration completed by this project.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
25 8. Prevent or Reduce Contamination. LCSLO acquired BLEA and the conservation easement on the neighboring property, Dune Lakes, to protect the unique and important wetlands (and other unique habitats) in the area (Figure 5). Due to the agricultural development in Black Lake Canyon and the surrounding Nipomo Mesa, wetlands are experiencing increased pressuresfrom a declining water table, as well as increased nutrient loads into the system. Surface runoff likely contains pesticide residue and other contaminants associated with adjacent agriculture and residential developments. In addition to these pressures, invasive plants threaten type conversion from coastal dune scrub habitat to non-native monocultures, jeopardizing important ecological functions and successional habitat movements. Implementation of the project will address contaminant issues by restoring the freshwater marsh hydrological functions, filtering contaminants from agricultural and State Highway 1 runoff. This project will also protect the ability of Black Lake to be a source of perennial water by recontouring wetland areas and removing hydrophytic vegetation and bioaccumulation within the system. This will reverse the trend of sedimentation and infill that is leading to less water availability and reduced groundwater recharge. Contaminants that this project will contribute to reducing are located in the table below.
Table. Project contribution towards reducing contamination Contaminant or Water Quality Impact Project Benefits
Sedimentation/Wetland loss Recontour wetland and remove overgrown hydrophytic vegetation to restore hydrology and
prevent wetland loss.
Contaminants from Highway 1 runoff Restored wetland habitats will filter out contaminants in runoff from Highway 1
Invasive exotics This project will remove large populations of veldt grass, Saharan mustard, iceplant, and other
overgrown invasives
Nutrients (Nitrogen and Phosphorous) Improving hydrology of wetlands to filter and remove nutrients from surrounding agriculture in
Black Lake Canyon
9. Catalyst for future conservation. This project will directly prepare LCSLO to effectively implement similar projects in the area. LCSLO owns multiple properties within Black Lake Canyon, the coastal wetlands that feed into Black Lake. LCSLO also holds a conservation easement on the neighboring property (Dune Lakes Limited) which contains other coastal dune lakes. We plan to apply for future grant funding to carry out similar projects on LCSLO-owned Black Lake Canyon properties and at Dune Lakes Limited. Dune Lakes Limited has already been consulted and is interested in participating. We will be able to learn from this project and successfully implement the project on adjacent coastal wetlands. The momentum built from implementing these projects will allow us to encourage major reconstruction of the Highway 1/ Railroad culverts to allow more natural flow to Black Lake through the Black Lake Canyon.
LCSLO is collaborating with Monarch Alert and their research efforts to collect Monarch overwintering microhabitat characteristics at BLEA. This collaboration and the restoration implemented through this funding, will lead to important data about how best to protect overwintering sites. This will allow LCSLO to apply for additional Monarch conservation grants to continue and expand Monarch conservation at BLEA and the surrounding overwintering sites.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
26 LCSLO is involved in a complex-wide effort to manage rare and diverse habitats. This includes direct management of multiple projects on the Guadalupe-Nipomo Dunes National Wildlife Refuge. Projects range from coastal wetland enhancement for the protection of the federally threatened California red-legged frog and the federally endangered La Graciosa thistle, to foredune habitat enhancement for Western Snowy Plovers and rare dune plant species. LCSLO also oversees restoration projects at Point Sal County Park. LCSLO’s proven track record in implementing coastal wetland and coastal dune habitat restoration will be leveraged to continue to apply for grants and restoration work. The partnerships made implementing these projects have expanded our expertise and strengthened our ability to apply for diverse funding sources.
10. Partners in conservation. Funding and resources for the project have been committed by CDFW OSPR, Dunes Collaborative Restoration Task Force, SCC, the USFWS Coastal Program, California Native Plant Society-San Luis Obispo Chapter, California Central Coastal Wildlife Society, and LCSLO. The total match amount is $345,481 of which $330,361 is cash match. The following table lays out the contribution details. For letters of support please see Appendix A.
Organizations/individuals providing
match
Project Contribution Monetary/In-kind amount
California State Coastal Conservancy
(State)
Cash $73,500
California Department of Fish and
Wildlife, Office of Spill Prevention and
Response (State)
Cash $94,758
Dunes Collaborative Restoration Task
Force (State)
Cash $157,103
USFWS Coastal Program (Federal) Cash $2,500
California Native Plant Society – San
Luis Obispo Chapter (Local)
Cash/in-kind $500 cash/$7,500 in-kind
California Central Coast Wildlife Society
(Local)
Cash/in-kind $2,000 cash/$1,120 in-kind
The Land Conservancy of San Luis
Obispo County (Local)
In-kind $6,500
Total $345,481
11. Federal share reduced. The required non-federal match is $232,598. In-kind match is provided in the amount of $15,120 and federal match is provided in the amount $2,500. Non-federal cash matching funds in the amount of $327,861 will contribute $95,263 in excess of the minimum requirement, significantly reducing the federal share.
Table. Project Costs and Match
Total project costs $930,390
Required State match $232,598
Additional non-federal cash contribution $95,263
Percent increase over required match 41%
12. Education/outreach program or wildlife-oriented recreation. A large portion of the Guadalupe Nipomo Dunes coastal wetlands are privately owned and do not allow public access. The
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
27 preservation of BLEA by LCSLO offers a unique chance for the community to access and learn about these coastal wetlands. LCSLO will provide two docent-led hikes, of approximately 100 individuals, annually for the general public. These hikes will educate participants in the importance of coastal wetlands as habitat for wildlife and how truly special California coastal wetlands are.
LCSLO will also organize annual docent-led hikes with the local California Native Plant Society (CNPS) and the California Central Coast Wildlife Society (CCCWS) (approximately 130 additional participants). CNPS San Luis Obispo will work with LCSLO to implement one public volunteer event for three years to manage invasive plant species and collect native seed. In addition, CCCWS will contribute professional services to conduct a one-day bio blitz of the site to provide an updated inventory of wildlife species utilizing the site (4 professionals).
During the implementation of this project, LCSLO will work directly with California Polytechnic University, San Luis Obispo (Cal Poly), and Monarch Alert to implement Monarch overwintering microhabitat research. Cal Poly and Monarch Alert are working to describe specific microclimate characteristics of established monarch overwintering sites. This research will provide important restoration recommendations and help protect Monarch butterflies as their populations decline.
LCSLO will work directly with researchers to prescribe enhancements for the monarch overwintering site at BLEA.
Other research projects will directly benefit from the restoration implemented through this project.
Cal Poly is currently studying how small mammals are adapting to invasive plant species pressures in the coastal dune habitats. Both the University of California, Santa Barbara (UCSB) and Brigham Young University (BYU) are actively studying rare species found at Black Lake. UCSB is studying the microhabitats needed for the success for the federally endangered Nipomo lupine (threatened by perennial veldt grass invasion) and BYU is researching potential hybridization different Chenopodium species, including Coastal goosefoot, to create sustainably-grown quinoa in the United States.
13. Other Factors. The Central Coast region of California supports a broad range of unique habitat types and many special status species. These communities and the species that utilize them are also some of the most threatened because of population growth and urban development, increased pressures from agriculture, recreation and tourism, as well as sea level rise and climate change.
Additional project benefits are listed in the table below.
Table. Project contribution towards other factors.
Other Factors Project Benefit
Coastal Dune Scrub Remove non-native invasives and plant natives to restore coastal dune scrub habitat. Restoration will
expand habitat for the endangered Nipomo
Lupine, creating expansion and redundancy for
the species at BLEA
Rare Plants Coastal dune scrub plant palette will include outplanting of California Native Plant Society rare
plants
Monarch Overwintering Grove Project will work with monarch experts to strategically remove dead/dying hazard trees and
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
28 restore nectare sources for overwintering
monarchs.
Coastal dune scrub habitat (or central dune scrub) is recognized as a sensitive plant community within the CNDDB because of its inherently limited distribution and the small geographic extent that remains. It is estimated that as much as 90 percent of the historic extent of this vegetation type has been lost to development and agriculture. Most of the remaining coastal dune scrub habitat occurs on private lands and it’s estimated that less than 10 percent is afforded any conservation status or protections. Loss of this habitat type is particularly severe because of its proximity to coastal population centers throughout the state (CalIPF 2004). More isolated stands of coastal dune scrub southeast of the project site were recognized as Environmentally Sensitive Habitat Areas (ESHA) by the California Coastal Commission during permitting processes associated with private development projects. Coastal dune scrub is a later-successional plant community, as opposed to the vegetative stands that are present within the open sand along the beach and in the immediately adjacent foredune communities. This habitat type is extremely dynamic and diverse, and the species composition is highly variable depending on the amount of annual rainfall, level of disturbance, current land use and/or management regimes, successional stage of development and degree of infestation from non-native invasive species; especially perennial veldt grass. Coastal dune scrub habitats support many rare, threatened and endangered plant and wildlife species and harbor tremendous biodiversity. Implementation of this project will ultimately restore 21.04 acres of this sensitive and unique plant community that will be conserved and managed for perpetuity.
Future activities include outplanting of federally endangered Nipomo lupine, after the coastal dune scrub habitat is effectively restored. Expansion of the population previously established onsite is highly desirable and important to this species recovery because it will increase resiliency within the population. In this context, species resiliency refers to the ability of the population to withstand stochastic disturbance events and relates to its capacity to bounce back and persist.
Flowering native species will be selected to provide nectar plants for monarchs in the fall and winter months, which is critical to their life cycle. Examples of nectar plants for this component of the project include: California Native Plant Society, Rare Plant Rank (CRPR) List 1B.2 - crisp monardella; CRPR List 1B.2 - San Luis Obispo monardella; mock heather (Ericameria ericoides); and coastal buckwheat (Eriogonum parvifolium). California native, overwintering trees will be planted along the northwest portion of the eucalyptus ring to provide future monarch overwintering locations. Suitable trees include Monterey cypress (Hesperocyparis macrocarpa) and Monterey pine (Pinus radiata).
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
29 Drawings/Maps/Photographs
Figure 1. Black Lake Ecological Reserve Site and Vicinity Map.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
30 Figure 2. Location of project activities within BLEA.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
31 Figure 3. View of Black Lake from the West.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
32 Figure 4. Guadalupe Nipomo Dunes Complex (GNDC).
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
33 Figure 5. Conservation easement and fee ownership of the Land Conservancy of San Luis Obispo County within Black Lake Canyon and Dune Lakes.
Figure 6. View of coastal dune scrub vegetation.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
34 Figure 7. Coastal dune scrub habitat at Black Lake Ecological Area.
Figure 8. Monarchs overwintering at BLEA and view of eucalyptus ring from the east. Vegetation in foreground shows monoculture of non-native, invasive vegetation.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
35 Figure 9. Nipomo lupine at Black Lake Ecological Area.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
36 Figure 10. Site that will be restored and outplanted with La Graciosa thistle, facing southeast.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
37 Figure 11. La Graciosa thistle.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
38 Figure 12. View of the freshwater marsh to be restored. This photo depicts the shallowness of the marsh and depicts the overgrown, encroaching hydrophytic vegetation.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
39 Figure 13. Another view of the freshwater marsh habitat to be restored. Marsh sandwort will be planted at this location.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
40 Figure 14. Marsh sandwort.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
41 Appendix A – Letters of Support
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
42
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
43
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
44
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
45 REFERENCES
[Cal-IPC] California Invasive Plant Council. 2020. Ammophila arenaria Profile-Invasive Plant Council. California Invasive Plant Council, Berkeley, California. Available on the internet at <https://www.cal-ipc.org/plants/profile/ammophila-arenaria-profile/>. Accessed March 26, 2020.
[CalPIF] California Partners in Flight. 2004. Version 2.0. The Coastal Scrub and Chaparral Bird Conservation Plan: a Strategy for Protecting and Managing Coastal Scrub and Chaparral Habitats and Associated Birds in California (J. Lovio, lead author). PRBO Conservation Science, Stinson Beach, CA. http://www.prbo.org/calpif/plans.html. [CDFW] California Department of Fish and Wildlife. 2015. California State Wildlife Action Plan, 2015 Update: A Conservation Legacy for Californians. Edited by Armand G. Gonzales and Junko Hoshi, PhD. Prepared with assistance from Ascent Environmental, Inc., Sacramento, CA.
Hickey, C., W.D. Shuford, G.W. Page, and S. Warnock. 2003. Version 1.1. The Southern Pacific Shorebird Conservation Plan: A strategy for supporting California’s Central Valley and coastal shorebird populations. PRBO Conservation Science, Stinson Beach, CA.
Kofron, Christopher P., 2019. The Dune Lakes in central coastal California: Why are they dry?.
Lakes & Reservoirs: Research & Management, 24(2), pp.190-194.
Kushlan, James A., Melanie J. Steinkamp, Katharine C. Parsons, Jack Capp, Martin Acosta Cruz, Malcolm Coulter, Ian Davidson, Loney Dickson, Naomi Edelson, Richard Elliot, R.
Michael Erwin, Scott Hatch, Stephen Kress, Robert Milko, Steve Miller, Kyra Mills, Richard Paul, Roberto Phillips, Jorge E. Saliva, Bill Sydeman, John Trapp, Jennifer Wheeler, and Kent Wohl. 2002. Waterbird Conservation for the Americas: The North American Waterbird Conservation Plan, Version 1. Waterbird Conservation for the Americas, Washington , DC, U.S.A . , 78 pp.
[1 LCSLO 2018] The Land Conservancy of San Luis Obispo County. 2018. Dune Protect Areas Network 1.0 - Creating a Blueprint for Restoration in the Guadalupe Nipomo Dunes Complex: Restoration Plan.
[2 LCSLO 2018] The Land Conservancy of San Luis Obispo County. 2018. Dune Protect Areas Network 1.0 - Creating a Blueprint for Restoration in the Guadalupe Nipomo Dunes Complex: Work Plan.
Leslie, Kaytlyn. 2017. Most California communities have moved on from drought restrictions. Not Nipomo. The Tribune, San Luin Luis Obispo, CA.
Lund, Jay, Medellin-Azuara, J., Durand, J. and Stone, K. 2018. Lessons from California’s 2012– 2016 drought. Journal of Water Resources Planning and Management, 144(10), p.04018067.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
46 [OEHHA] California Office of Environmental Health Hazard Assessment. 2019. Precipitation.
OEHHA. Available online at: https://oehha.ca.gov/epic/changes-climate/precipitation.
Nipomo Community Services District. 2017. Nipomo’s Severe Water Shortage Condition Continues – Nipomo Area Water Purveyors Encourage Nipomo Residents to Continue Conserving. Available online at: http://ncsd.ca.gov/wpcontent/uploads/2014/03/170623_NMMA-Water-Shortage-Statement-1.pdf. [NAWMP] North American Waterfowl Management Plan Committee. 2018. North American Waterfowl Management Plan (NAWMP) Update: Connecting People, Waterfowl, and Wetlands.
Pickart, Andrea. 1988. Overview Dune Restoration in California: A Beginning. Ecological Restoration, 6(1), pp. 8-12.
San Luis Obispo County. Coastal Zone Land Use Ordinance. Title 23 of the San Luis Obispo County Code. Adopted by the San Luis Obispo County Board of Supervisors March 1, 1988, Ordinance No. 2344. Certified by the California Coastal Commission October 7, 1986.
Shuford, W. D. (author and editor). 2014. Coastal California (BCR 32) Waterbird Conservation Plan: Encompassing the coastal slope and Coast Ranges of central and southern California and the Central Valley. A plan associated with the Waterbird Conservation for the Americas initiative. U.S. Fish and Wildlife Service, Region 8, 2800 Cottage Way, Sacramento, CA 95825.
Smith, Kent A. 1976. The Natural Resources of the Nipomo Dunes and Wetlands. California Department of Fish and Game.
Terra Verde Environmental Consulting. 2020. Re: Black Lake Canyon CRLF? Email forwarded to Kristie Scarazzo, U.S. Fish and Wildlife Service, Ventura, California from Lindsey Roddick, Land Conservancy of San Luis Obispo County, San Luis Obispo, California personal communications on subject from Brook Langle, Terra Verde Environmental Consulting, San Luis Obispo, California. Forward date: May 29, 2020. [USFWS] United States Fish and Wildlife Service. 1998. Recovery Plan for Marsh Sandwort (Arenaria paludicola) and Gambel’s Watercress (Rorippa gambelii). Region 1, U.S. Fish and Wildlife Service, Portland, Oregon.
[USFWS] United States Fish and Wildlife Service. 2000. Proposed Guadalupe-Nipomo National Wildlife Refuge.
[USFWS] United States Fish and Wildlife Service. 2002. Recovery Plan for the California Redlegged Frog (Rana aurora draytonii). Region 1, U.S. Fish and Wildlife Service, Portland, Oregon.
Black Lake Canyon Ecological Area Habitat Restoration
National Coastal Wetlands Conservation Grant Program
47 [USFWS] United States Fish and Wildlife Service. November 2011. Birds of Management Concern and Focal Species. U.S. Fish and Wildlife Service, Migratory Bird Program. [USFWS] United States Fish and Wildlife Service. 2016. Guadalupe-Nipomo Dunes National Wildlife Refuge: Final Comprehensive Conservation Plan and Environmental Assessment.
Ventura, CA. August 2016.
[USFWS] United States Fish and Wildlife Service. 2018. Draft Strategic Conservation Plan and Advisory Mitigation Guidance for the California Red-legged Frog. Ventura Fish and Wildlife Office, Ventura, California.
[USFWS] United States Fish and Wildlife Service. 2019. Recovery Plan Amendment for Marsh Sandwort and Gambel’s Watercress. Ventura Fish and Wildlife Office, Ventura, California.
[1 USFWS] United States Fish and Wildlife Service. 2020. U.S. Fish and Wildlife Service National Wetlands Inventory – Surface Waters and Wetlands. Online mapping tool. Available online at: https://www.fws.gov/wetlands/data/Mapper.html. [2 USFWS] United States Fish and Wildlife Service. 2020. Draft Recovery Plan for Nipomo Lupine (Lupinus nipomensis). In Review. Region 8, U.S. Fish and Wildlife Service, Sacramento, California.
Xerces Society. 2019. Western Monarch Thanksgiving Monarch Counts [Data file]. Maintained by the Xerces Society for Invertebrate Conservation. Portland, Oregon.
Xerces Society. 2020. Western Monarch Call to Action. Available online at:
https://xerces.org/publications/fact-sheets/western-monarch-call-to-action.
Item 9.f.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development BY: Andrew Perez, Planning Manager
SUBJECT: Summary Vacation of a Public Equestrian Easement on Ridgeview Way
DATE: February 11, 2025
RECOMMENDATION:
1) Adopt a Resolution summarily vacating the public equestrian easement pursuant to summary vacation procedures set forth in Streets and Highways Code Section 8330 et seq; and
2) Find that the action is not a project under CEQA or, alternatively, that it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) (“common sense exemption”).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact associated with summarily vacating the public equestrian easement.
BACKGROUND:
A condition of approval associated with approved Parcel Map AG87-240 was imposed to establish an equestrian trail network within the City, consistent with an objective in the 1988 Parks and Recreation Element of the General Plan, which stated that the network would link “horse-populated areas of the City along the following routes: James Way, Ridgeview Way, Tally Ho Road, and Gularte Road.” No other equestrian easements have been established on the other streets previously listed, and therefore the network that was envisioned in the 1980s is unlikely to materialize.
The City’s current Conservation and Open Space Element includes Policy C/OS3-1, which states “in Residential Rural and Suburban County areas and developments in the unincorporated portions of the planning area, and in all urban land use developments adjoining possible trail alignments within the City, provide for equestrian, hiking and biking trails, particularly those providing access to schools, parks and community facility activity areas.” The subject equestrian easement begins at 250 Ridgeview Way, terminates at 151 Ridgeview Way and does not connect to any other existing trails.
Item 9.f.
City Council
Summary Vacation of a Public Equestrian Easement on Ridgeview Way February 11, 2025
The City’s Bicycle and Trails Master Plan1, adopted in 2012, does not identify the subject equestrian easement as part of an existing or proposed bicycle or trail network, nor is a path shown in the adopted 2021 Circulation Element. Additionally, the City’s Active Transportation Plan, which will supersede the Bicycle and Trails Master Plan, does not include the equestrian easement as an active transportation facility.
ANALYSIS OF ISSUES:
The 14’ wide public equestrian easement encumbers four properties with frontage on Ridgeview Lane: 151 Ridgeview Way, 710 White Court, 711 White Court, and 250 Ridgeview Way. The easement was initially established with the recordation of Parcel Map AG 87-240. This map established the easement on 710 White Court. The recordation of Parcel Map AG 14-0029 on July 7, 2015, established the easement across 151 Ridgeview Way, and finally, the recordation of Parcel Map AG 11-004 established the easement across 711 White Court and 250 Ridgeview Way. The equestrian easement is no longer necessary due to the lack of equestrian-centric development in the area and the limited opportunities to connect to the existing trail network. Properties located to the north of the easement are rural properties, some of which are located outside city limits, that are unlikely to subdivide and provide an opportunity for the City to obtain a public easement.
As discussed above, the City’s Bicycle and Trails Master Plan did not include the subject equestrian easement, indicating that it is excess and no longer necessary for the City’s purposes. Further, the path is not shown as part of the 2021 Circulation Element, further indicating that trail went into disuse and is no longer necessary to the City’s transportation network. Finally, the City’s Active Transportation plan also does not contemplate the need for the equestrian easement. For those reasons, the equestrian easement is excess, and the City may summarily vacate the easement, provided that it meets all the criteria in Streets and Highways Code Section 8333.
The owners of the properties encumbered by the subject easement requested the City vacate the easement due its lack of utility and hindrance on development potential of the properties. During the City's review of the request, it was determined the easement is no longer needed for the City's purposes for the reasons described above. California Streets and Highways Code Section 8333 et seq. authorizes the city to summarily vacate an excess public easement under certain circumstances.
Specifically, Section 8333 provides that the City Council may summarily vacate a public service easement in any of the below situations:
a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
1 https://www.arroyogrande.org/DocumentCenter/View/276/Bicycle-and-Trails-Master-Plan
Item 9.f.
City Council
Summary Vacation of a Public Equestrian Easement on Ridgeview Way February 11, 2025
b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
In this case, the City is summarily vacating the equestrian easement which has been determined to be excess by the easement holders, there are no other public facilities located within the easement area, and the requirements of the Streets and Highways code are satisfied. Therefore, the City may vacate the PUE under the authority provided by Streets and Highways Code Section 8333(c).
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution summarily vacating a public equestrian easement at 151 Ridgeview Way, 710 White Court, 711 White Court, and 250 Ridgeview Way pursuant to Streets and Highway Code Section 8330 et seq;
2. Do not adopt a Resolution to vacate the public equestrian easement; or
3. Provide other direction to staff.
ADVANTAGES:
Abandonment of the easement will remove an encumbrance on private properties that is not currently in use by the City, and has not been used by the City since the easement was granted.
DISADVANTAGES:
Abandonment will eliminate the possibility of expanding the trail network between Tally Ho Road and the rural areas to the north. However, pending development of 151 Ridgeview Way will result in the construction of new City standard curb, gutter, and sidewalk within the public right-of-way, outside of the easement area. This sidewalk will connect to the existing sidewalk on White Court without the need for the easement.
ENVIRONMENTAL REVIEW:
The proposed summary vacation of the easement is not a project subject to the California Environmental Quality Act (CEQA) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State Guidelines, Section 15060, subd. (b)(2)-(3), 15378.) Alternatively, the summary vacation of the easement is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State Guidelines Section 15061, subd. (b)(3).)
Item 9.f.
City Council
Summary Vacation of a Public Equestrian Easement on Ridgeview Way February 11, 2025
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
65501.00002\42459178.6
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ORDERING SUMMARY VACATION OF
A PUBLIC EQUESTRIAN EASEMENT AT 710 WHITE
COURT, 711 WHITE COURT, 151 RIDGEVIEW WAY, AND
250 RIDGEVIEW WAY AND FINDING THAT THIS ACTION IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, Chapter 4 of the Public Streets, Highways and Services Easements Vacation Law, commencing with Streets and Highways Code Section 8330, provides for summary vacation of streets and public service easements; and WHEREAS, the subject easement (the “Easement”) to be vacated is a fourteen-foot wide (14') easement along the four parcels described in Exhibit A and depicted in Exhibits B-D, of which copies are attached hereto and incorporated herein by this reference; and WHEREAS, the Easement was original conveyed to the City for equestrian trail purposes to be incorporated into a public equestrian trail system, envisioned in the 1988 Parks and Recreation Element of the General Plan; and
WHEREAS, the proposed public equestrian trail system did not materialize, and no other equestrian easements have been established under the proposed equestrian trail network; and
WHEREAS, the Arroyo Grande Parks and Recreation Element no longer envisions the development of a public equestrian trail system; and WHEREAS, the City’s Bicycle and Trails Master Plan, adopted in 2012, does not identify the subject equestrian easement as part of an existing or proposed bicycle or trail network, nor is a path shown in the adopted 2021 Circulation Element. Additionally, the City’s Active Transportation Plan, which will supersede the Bicycle and Trails Master Plan, does not include the equestrian easement as an active transportation facility; and WHEREAS, the Easement does not connect to any other existing trails; and WHEREAS, the Easement is a public service easement; and WHEREAS, Section 8333 of the Streets and Highways Code authorizes the City Council to summarily vacate a public service easement when it has been determined to be excess by the easement holder, and there are no other public facilities within the easement; and
WHEREAS, the Easement is not needed for its specified purpose, has been determined to be excess by the City as the easement holder, and there are no other public facilities or utility easements within the Easement; and
RESOLUTION NO.
PAGE 2
WHEREAS, the Easement has not served the purpose for which it was acquired for at least the past consecutive five years immediately preceding this vacation; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. Vacation of Easement. This Resolution is adopted pursuant to the summary vacation procedures set forth in California Streets and Highways Code section 8330 et seq., as the portion of the easement to be vacated is excess, not required for public utility purposes, and there are no public facilities located within the easement area. The easement area to be vacated is described in Exhibit A and depicted in Exhibits B-D, a copy of which are attached hereto and incorporated herein by this reference. The City Council hereby orders the vacation of the Easement and any and all interests that the City may have therein.
3. Environmental Review. The City Council hereby determines that the summary vacation of the easement is not a project subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Alternatively, the summary vacation of the easement is exempt from CEQA on the basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines,§ 15061, subd. (b)(3).)
4. Effective Date. This Resolution shall take effect upon adoption.
5. Recordation. The City Clerk shall cause a certified copy of this Resolution of vacation, attested by the City Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the San Luis Obispo County Clerk-Recorder. Pursuant to California Streets and Highways Code Section 8336, no fee shall be charged for recordation.
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 _______, 2025.
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
1 | P a g e
EXHIBIT “A”
EXISTING PUBLIC 14’ WIDE PEDESTRIAN AND EQUESTRIAN
EASEMENT
LEGAL DESCRIPTION
ALL THAT PUBLIC 14.00’ WIDE PEDESTRIAN AND EQUESTRIAN EASEMENT DESIGNATED ON THE MAP THAT CREATED IT LYING ACROSS THE FOLLOWING DESCRIBED PARCELS; THE REMAINDER OF PARCEL MAP AG 11-0046, IN THE CITY OF ARROYO GRANDE, COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 9, 2016 IN BOOK 79, PAGES 16 THROUGH 18 OF PARCEL MAPS; PARCEL 2 OF PARCEL MAP AG 11-0046, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED NOVEMBER 9, 2016 IN BOOK 79, PAGES 16 THROUGH 18 OF PARCEL MAPS;
PARCEL 1 OF PARCEL MAP AG 87-240, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 28TH 1990 IN BOOK 46, AT PAGE 90 OF PARCEL MAPS OF PARCEL MAPS; PARCEL 1 OF PARCEL MAP AG 14-0029, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JULY 7TH 2015 IN BOOK 78, PAGES 4 THROUGH 6 OF PARCEL MAPS;
PARCEL 2 OF PARCEL MAP AG 14-0029, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED JULY 7TH 2015 IN BOOK 78, PAGES 4 THROUGH 6 OF PARCEL MAPS.
END DESCRIPTION
JEFFREY G. ZAMBO P.L.S. 9210 DATE: 11.19.2024
2 | P a g e
EXHIBIT “B”
REMAINDER PARCEL & PARCEL 2, PARCEL MAP AG 11-0046
3 | P a g e
EXHIBIT “C”
PARCEL 1, PARCEL MAP AG 87-240
4 | P a g e
EXHIBIT “D”
PARCEL 1, PARCEL MAP AG 14-0029
Item 9.g.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development BY: Andrew Perez, Planning Manager
SUBJECT: Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless Telecommunication Facilities
DATE: February 11, 2025
RECOMMENDATION:
1) Adopt an Ordinance amending Arroyo Grande Municipal Code regarding wireless telecommunication facilities; and
2) Find that the “project” is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15061(b)(3), 15378 and in the alternative, State CEQA Guidelines sections 15301, 15302, 15303 and 15304.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is anticipated to adopt the Ordinance.
BACKGROUND:
The proposed Ordinance will create Chapter 16.70 of the Arroyo Grande Municipal Code (AGMC) to establish regulations for permitting wireless telecommunication facilities within the limits of state and federal law. The Ordinance will establish permit procedures, location, design, and development standards, and creates standard conditions of approval that apply to all permits issued in accordance with Chapter 16.70. The Ordinance will also make conforming edits to other sections to ensure consistency throughout the AGMC. Finally, the Ordinance will repeal existing, outdated policies related to permitting wireless telecommunication facilities.
At a public hearing on October 15, 2024,
1 the Planning Commission recommended to
City Council to adopt the Ordinance, with the addition of a setback standard for facilities located on parcels adjacent to residential uses.
1https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=31aa832e-814e-4665-aba8- 9b62580e043a&lang=English&Agenda=Agenda&Item=15&Tab=attachments
Item 9.g.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless Telecommunication Facilities
February 11, 2025
At a public hearing on January 28, 20252, the City Council introduced the Ordinance with revisions to sections related to public notifications when certain applications are submitted. Specifically, the City Council wished to remove additional local notice, beyond what is required under applicable law, for Community Development Director level reviews on applications that are not appealable.
ANALYSIS OF ISSUES:
The Ordinance amendments are now ready for adoption. The Ordinance amendments will become effective thirty (30) days after adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed;
2. Modify the Ordinance amendments and direct staff to return at a future public hearing to introduce the modified amendments; or
3. Provide other direction to staff.
ADVANTAGES:
Adopting an Ordinance to establish a new chapter pertaining to wireless telecommunications facilities streamlines the procedures for processing wireless telecommunications facility applications to avoid deemed approvals by operation of law, and enhances organizational clarity, administrative efficiency, and legal coherence by updating the City’s requirements to comport with recent changes to state and federal law and allows the City to impose updated design development and location standards.
DISADVANTAGES:
Updating the City’s wireless regulations represents a significant endeavor. This process entails substantial resource expenditure, encompassing staff time, public consultations, and legal advisory services.
ENVIRONMENTAL REVIEW:
The Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”), because it has no potential to result in a direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance
2 https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=a9ffd954-d3f0-4b51-9ea9- 4dcb521e64ac&lang=English&Agenda=Agenda&Item=66&Tab=attachments
Item 9.g.
City Council
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Wireless Telecommunication Facilities
February 11, 2025
may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This is because approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility, and the City would conduct preliminary review under CEQA at that time. Alternatively, the Ordinance is categorically exempt from CEQA under State CEQA Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land). Notably, the wireless facilities regulated by the Ordinance typically have small footprints, and there are no unusual circumstances that apply to the Ordinance or the wireless facilities that it regulates. Moreover, the eligible facilities requests (“EFRs”) regulated by the Ordinance are not subject to CEQA because the City does not have discretion to deny EFRs under federal law. For all of the foregoing reasons, the Ordinance is not subject to CEQA.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2.
ATTACHMENTS:
1. Ordinance
ATTACHMENT 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING VARIOUS PROVISIONS
OF AND ADDING CHAPTER 16.70 TO THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO WIRELESS
TELECOMMUNICATIONS FACILITIES AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, on November 27, 2001 the City Council adopted Resolution No. 3569 approving the Telecommunication Facilities Siting and Permit Submittal Requirements; and
WHEREAS, on April 25, 2017, the City Council adopted Resolution No. 4791 and amended the Telecommunication Facilities Siting and Permit Submittal Requirements; and
WHEREAS, wireless telecommunication technology has changed rapidly since the adoption of Resolution No. 4791, including the introduction of 5G technology; and WHEREAS, the review of applications for wireless telecommunications facilities is subject to multiple federal and state laws and regulations, including, but not limited to, 47 U.S.C. § 332(c)(7); 47 U.S.C. § 253(c); 47 U.S.C. § 1455(a); 47 C.F.R. § 1.6100; California Government Code §§ 65850.6, 65964, and 65964.1; California Public Utilities Code §§ 7901 and 7901.1; California Public Resources Code § 20000, et seq., 14 California Code of Regulations § 15000, et seq., and numerous orders and actions by the Federal Communications Commission, and
WHEREAS, in order to stay abreast of recent changes to a number of these federal and state laws, it is necessary to adopt amendments to the Arroyo Grande Municipal Code; and
WHEREAS, on September 17, 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 continue the public hearing to a date uncertain, and WHEREAS, on October 15, 2024, the Planning Commission resumed the consideration of the ordinance at a duly noticed public hearing. 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 January 28, 2025, 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
ORDINANCE NO.
PAGE 2
WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on January 28, 2025, introduced this Ordinance to add Chapter
16.70 to, and amend various provisions of, Title 16 of the Arroyo Grande Municipal Code relating to wireless telecommunication facilities and at the meeting made minor updates to Section 16.70.040 of the draft ordinance; and
WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”), because it has no potential to result in a direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This is because approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility, and the City would conduct preliminary review under CEQA at that time. Alternatively, the Ordinance is categorically exempt from CEQA under State CEQA Guidelines sections 15301 (existing facilities), 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land).
Notably, the wireless facilities regulated by the Ordinance typically have small footprints, and there are no unusual circumstances that apply to the Ordinance or the wireless facilities that it regulates. Moreover, the eligible facilities requests (“EFRs”) regulated by the Ordinance are not subject to CEQA because the City does not have discretion to deny qualifying EFRs under federal law. For all of the foregoing reasons, the Ordinance 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 it is necessary and desirable to implement the provisions thereof. Specifically, policies in the Land Use Element encourage the maintenance and expansion of utilities, including wireless telecommunication facilities to support
ORDINANCE NO.
PAGE 3
community needs. The Land Use Element also includes policies to maintain town character through community design guidelines which encourage design standards to screen and obscure mechanical facilities, structures, and features. The General Plan’s Housing Element discusses, in section 4.4, the need to improve and augment infrastructure resources like telecommunication facilities that allow ease of communication among the City’s residents. For these reasons, the ordinance’s amendments to the AGMC are consistent with the General Plan and it is 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 establishes robust, detailed standards for the siting, design, and regulation of wireless telecommunication facilities while remaining within the confines of state and federal law.
These changes implement state and federal requirements relating to wireless telecommunication facilities and measures have been taken to establish preferred locations for wireless telecommunications facilities and imposes reasonable aesthetic regulations. With respect to public safety, facilities must demonstrate compliance with FCC radio frequency emission standards in order to be approved.
3. Consistency with Title 16. This ordinance is consistent with the purpose and intent of AGMC Title 16 because it implements the goals, objectives, policies, and programs of the general plan as discussed above, is intended to result in the orderly development of wireless telecommunication facilities, uses federally mandated safety standards, achieves significant social and economic advantages by providing a means to allow approval of telecommunication facilities, which is necessary to public safety to facilitate communication among residents, businesses, and visitors to the City, and it does not alter or revise the type or intensity of allowed uses, ensuring that the provisions thereof are consistent with the City’s General Plan.
4. Environmental. The potential environmental impacts of the proposed changes to this title are insignificant. See Section 2 above, which findings are adopted into this section by reference.
SECTION 4. Code Amendment. Section 16.52.040 “Antennas and satellite dishes” of Chapter 16.52 “Specific Use Development Standards” of Title 16 “Development Code” is hereby deleted in its entirety.
SECTION 5. Code Amendment. Subsection 16.48.030(B)(5) of Section
16.48.030 “”Accessory structures” of Chapter 16.48 “General Development Standards” of Title 16 “Development Code” is hereby amended to read as follows:
“5. All Nonresidential Uses Except Public Buildings, Schools, Churches and Hospitals. Flues, chimneys, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may exceed the height limit by not more than fifteen (15) feet, provided such feature shall not be used for habitable space and appropriate screening is provided, if necessary.”
ORDINANCE NO.
PAGE 4
SECTION 6. Code Amendment. Subsection 16.48.030(B)(6) of Section
16.48.030 “”Accessory structures” of Chapter 16.48 “General Development Standards” of Title 16 “Development Code” is hereby amended to read as follows:
“6. Public Buildings, Schools, Churches and Hospitals. Flues, chimneys, elevators and other mechanical equipment, spires, bell towers, or similar architectural, utility, or mechanical features may not exceed a height of fifty (50) feet measured from the grade average finished ground level to the highest point of such a structure.” SECTION 7. Code Amendment. The definitions for “Antenna”, "Satellite dish antenna", "Small cell telecommunication facility", "Telecommunications facility", and "Wireless telecommunication facility” of Section 16.04.070 “Definitions” of Chapter 16.04 “Introductory Provisions and Definitions” of Title 16 “Development Code” are hereby deleted in their entirety and Section 16.04.070 shall be automatically adjusted alphabetically.
SECTION 8. Code Amendment. Table 16.36.030(A) of Section 16.36.030 “Commercial and mixed use regulations” of Chapter 16.36 “Commercial and Mixed Use Districts” of Title 16 “Development Code” is hereby amended to remove the rows for “Small Cell Tele-communication facilities (commercial)” and “Tele-communication facilities (commercial)” as shown in the attached Exhibit “A-1,” and incorporated by reference, and footnotes 4 and 5 shall be deleted in their entirety.
SECTION 9. Code Amendment. Table 16.44.040-A of Section 16.44.040 “Public/quasi-public (PF) district” of Chapter 16.44 “Special Districts” of Title 16 “Development Code” is hereby amended to remove the rows for “Small cell telecommunication facilities (commercial)” and “Telecommunication facilities (commercial)” as shown in the attached Exhibit “A-2,” and incorporated by reference.
SECTION 10. Code Amendment. Chapter 16.70 “Wireless Telecommunications Facilities” is hereby added to Title 16 “Development Code” as shown in the attached Exhibit “A-3,” and incorporated by reference.
SECTION 11. Revocation of City Council Resolution No. 4791. City Council Resolution No. 4791 is hereby revoked and is of no further force and effect as of the effective date of this ordinance.
SECTION 12. 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.
ORDINANCE NO.
PAGE 5
SECTION 13. Effective Date. This ordinance shall become effective 30 days after adoption.
SECTION 14. 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 15. 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 _______, 2025.
ORDINANCE NO.
PAGE 6
___________________________________
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
ORDINANCE NO.
PAGE 7
EXHIBIT A-1
Allowed Land
Uses and
Permit
Requirements
—LAND USE
IMU TMU
D-2.11
VCD
HCO
D-2.4
VMU
D-2.11
HCO
D-2.4
GMU FOMU HMU OMU 1
D-2.20
RC 2 Specific Use
Standards
and other
references
…
Small Cell Telecommunication
Facility
MUP MUP MUP/
CUP
MUP/
CUP
MUP MUP MUP MUP MUP Subject to the
Telecommuni
cation
Facilities
Siting and
Permit
Submittal
Requirements
as adopted by
City Council
Resolution
Telecommunication
facilties
CUP MUP NP CUP CUP CUP MUP CUP CUP Subject to the
Telecommuni
cation
Facilities
Siting and
Permit
Submittal
Requirements
as adopted by
City Council
Resolution
…
4. Telecommunication facilities that are publicly visible are subject to a CUP.
5.The planning commission shall review applications for small cell telecommunication facilities that are proposed in the Village Core Downtown district and are publicly visible.
ORDINANCE NO.
PAGE 8
EXHIBIT A-2
Use PF
…
15. Small cell telecommunication facilities (commercial) MUP (subject to the telecommunication facilities siting and permit submittal requirements as adopted by city
council resolution)
16. Telecommunication facilities (commercial) CUP (subject to the telecommunication facilities siting and permit submittal requirements as adopted by city
council resolution)
…
ORDINANCE NO.
PAGE 9
EXHIBIT A-3
Chapter 16.70
WIRELESS TELECOMMUNICATIONS FACILITIES
Sections:
16.70.010 Purpose.
16.70.020 Definitions.
16.70.030 Exemptions.
16.70.040 Permits required.
16.70.050 Application submittal requirements.
16.70.060 Findings.
16.70.070 Design, development, and location standards.
16.70.080 Limited Exceptions to Design, Development and Location Standards.
16.70.090 Standard conditions of approval.
16.70.100 Peer review.
16.70.110 Denial without prejudice due to failure to respond to notice(s) of incompleteness.
16.70.120 Nonconforming facilities.
16.70.130 Revocation.
16.70.010 Purpose.
The purpose of this chapter is to establish comprehensive requirements and development standards for antennas and wireless telecommunications facilities, including on public and private property and in public rights-of way. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the city has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards.
16.70.020 Definitions.
For the purpose of this chapter only, certain words and terms are hereby defined. Words used in the singular shall be deemed to include the plural and the plural the singular; and the word "shall" is mandatory and not discretionary. Reference to "facility" is interchangeable with "wireless telecommunications facility," unless otherwise noted.
ORDINANCE NO.
PAGE 10
“Amateur radio antenna” means a ground, building, or tower-mounted antenna, or similar antenna structure, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, and as designated by the Federal Communications Commission (FCC).
“Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
“Base station” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless telecommunications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. § 1.6100(b) or any equipment associated with a tower.
1. The term includes, but is not limited to, equipment associated with wireless telecommunications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
2. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
3. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
4. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition. “Collocation” has the same meaning as defined by the FCC in 47 C.F.R. §
1.6002(g), as may be amended, which defines that term as: (1) mounting or installing an antenna facility on a preexisting structure; and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. Notwithstanding the foregoing, for eligible facilities requests only, “collocation” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as
ORDINANCE NO.
PAGE 11
“[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.”
“Community Development Director” means the Arroyo Grande Community Development Director, or designee.
“Eligible facilities requests ” has the same meaning as that term is defined in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”
“Eligible support structure” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section.” “Equipment cabinet” means an enclosure used to house multiple items of equipment associated with a wireless telecommunications facility. “Existing” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s eligible facilities request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.” “Federal Communications Commission” or “FCC” mean the Federal Communications Commission or its lawful successor.
“Height” of a wireless telecommunications facility means the vertical distance measured from the natural undisturbed ground surface below the center of the base of said facility to the top of the facility itself or, if higher, to the tip of the highest antenna or appurtenance attached thereto. In the case of building-mounted facilities the height of the facility includes the height of the portion of the building on which it is mounted. In the case of crank-up or other similar towers whose height can be adjusted, the height of the facility shall be the maximum height to which it is capable of being raised.
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“Monopole” means a single freestanding pole, post, or similar non-lattice structure used to support antennas and equipment associated with a wireless telecommunications facility.
“Personal wireless services” has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”
“Public property” is commonly used as a designation of those things which are considered owned by “the public,” the state or community, and not restricted to dominion of a private person. It may also apply to any property owned by a state, nation, or municipality. It does not include public right-of-way. “Public right-of-way” means and includes all land or interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for street or highway purposes.
“Public safety facilities” means facilities used only for public safety functions and owned or operated by governmental entities such as police, fire and emergency operators.
“Equipment” means any and all equipment ancillary to the antenna used for transmission and reception of radio frequency, electromagnetic, or other wireless signals. Such equipment may include, but is not limited to, RRUs, cable, conduit, connectors, batteries, and generators.
“Roof-mounted” or “building-mounted” antenna means an antenna directly attached or affixed to the roof of, on the facade, or elsewhere on a preexisting building, tank or similar structure other than a Tower.
“Site” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the eligible facilities request process.”
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“Small wireless facility” has the same meaning as provided in 47 C.F.R. §
1.6002(l), as may be amended, which defines that term as facilities that meet each of the following conditions:
1. The facility:
a. Is mounted on structures 50 feet or less in height including their antennas as defined in 47 C.F.R. § 1.1320(d); or
b. Is mounted on structures no more than 10% taller than other adjacent structures; or
c. Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under part 17 of this chapter;
5. The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and
6. The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR § 1.1307(b). “Stealth facility” means any wireless telecommunications facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless telecommunications facility.
“Substantial change” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:
1. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet,
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whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater; a. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
2. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; a. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
b. It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site;
c. It would defeat the concealment elements of the eligible support structure; or d. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.6100(b)(7)(i) through (iv). “Tower” has the same meaning as provided in 47 C.F.R. § 1.6100(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless telecommunications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave
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backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers. This definition does not include utility poles. “Transmission equipment” has the same meaning as provided in 47 C.F.R. §
1.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless telecommunications services including, but not limited to, private, broadcast, public safety services, as well as fixed wireless services, such as microwave backhaul.”
“Utility pole” means any structure designed to support electric, telephone, and similar utility lines, but does not include an electric pole used solely for the transmission of electricity at 50 kilovolts or higher. A tower is not a utility pole. “Wireless telecommunications facility” or “facility” means an unstaffed facility at a fixed location, generally consisting of antennas, an equipment cabinet or enclosure, building, shed, or shelter, and related equipment, which receives and/or transmits radio frequency, electromagnetic, or other wireless signals for the purpose of transmitting voice or data.
16.70.030 Exemptions.
The requirements of this chapter do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Arroyo Grande Municipal Code to the extent not specially exempted in this section, including but not limited to the adopted uniform codes, including: Building Code, Electrical Code, Plumbing Code, Mechanical Code, and Fire Code.
A. Over-the-air-reception-devices (OTARD) antennas.
1. Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and
2. Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole
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use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and
3. Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street.
B. Satellite earth station (SES) antennas. Satellite earth station (SES) antennas measuring two meters or less in diameter (or diagonal measurement) located on a property within any commercial or industrial zoning district, provided: (1) the antenna is located entirely on and/or above the subject property; and (2) no portion of any groundmounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a street. All SES antennas require a building permit and minor use permit for review of placement to ensure that maximum safety is maintained.
C. Amateur radio antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions. Such an antenna or antenna structure requires a building permit and minor use permit for review of placement to ensure that maximum safety is maintained:
1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;
2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;
3. No antenna element exceeds 32 feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width;
4. The turning radius of any antenna does not exceed 26 feet; and
5. All antennas and antenna structures shall comply with Section 16.70.070, and other applicable provisions of the Arroyo Grande Municipal Code.
D. Public safety facilities. Facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.
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E. Temporary mobile facilities. Mobile facilities placed on a site for less than seven consecutive days, provided any other necessary permits are obtained.
F. Collocation facilities. A proposed collocation facility that meets all of the requirements of California Government Code section 65850.6.
G. Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the police chief or City Manager, so long as the facility is removed at the conclusion of the emergency.
16.70.040 Permits required.
A person who proposes to install or operate a wireless telecommunications facility shall first obtain approval, as set forth in subsection A of this section (if the facility would be located in public right-of-way) or as set forth in subsection B of this section (if the facility would be located on private or public property), unless the facility is exempt under Section 16.70.030.
A. Public right-of-way.
1. Minor Use Permit-Plot Plan Review. Only small wireless facilities and qualifying eligible facilities requests are permitted within the public right of way. A minor use permit-plot plan review approval shall be required to construct, install, or modify a wireless telecommunications facility in the public right of way. Applications for minor use permits-plot plan review for facilities within the public right-of-way are subject to review and approval by the Community Development Director. No public notice and no public hearing shall be required. The decision of the Community Development Director shall be final and not subject to appeal.
2. Other Permits Required by Code. In addition, applicants for a minor use permitplot plan review to construct, install, or modify a wireless telecommunications facility in the public right of way must also obtain all other permits and approvals required by the Arroyo Grande Municipal Code, including but not limited to encroachment permits for accessing, working, or staging within the public right of-way or on city-owned public property or building permits.
B. Private property and public property
1. Minor Use Permit-Architectural Review. A minor use permit-architectural review approval shall be required for any wireless telecommunications facility or modification thereof on private property or public property that is: (i) an eligible facilities request; (ii) a small wireless facility; or (iii) a collocation of a personal wireless services facility on an existing structure and does not qualify as (i) or (ii).
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Applications for minor use permits-architectural review for wireless facilities on private or public property are subject to review and approval by the Community Development Director. The Community Development Director may refer an application to the Architectural Review Committee for review when an application does not clearly demonstrate compliance with the applicable design, development or location standards set forth in Section 16.70.070 and no limited exception has been requested in accordance with Section 16.70.080. Following receipt of an application for minor use permit-architectural review for a small wireless facility on a new or replacement structure or a collocation that does not qualify as an eligible facilities request subject to this chapter, the Community Development Director shall provide written notice of the pending application to all parcel owners within 500 feet of the proposed facility. No public notice shall be required for any application for an eligible facilities request or small wireless facility collocation on an existing structure. No public hearing shall be required for any application for minor use permit-architectural review approval subject to this chapter.
a. The decision of the Community Development Director on any application for an eligible facilities request or small wireless facility collocation on an existing structure shall be final and not subject to appeal.
b. The decision of the Community Development Director on any application for a small wireless facility on a new or replacement structure or a collocation that does not qualify as an eligible facilities request or a small wireless facility shall be final unless appealed by any affected party directly to city council, whose decision shall be final. Once an appeal is filed, the city council's authority to review the decision being appealed is not limited to the original reason stated for the appeal. The city council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken on the application, and are not limited to the reason stated for the appeal.
Appeals shall be in writing on a form obtained from the city clerk. The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee and mailing labels for property owners within five hundred (500) feet of the project being appealed. An appeal as authorized by this section shall be filed with the office of the city clerk within ten (10) calendar days following the date of action for which an appeal is made or the date the action is reported to the planning commission on the consent agenda. Once an appeal is filed, it shall not be withdrawn except with the consent of the city council. The appeal shall be heard in accordance with the procedures outlined by subsection 16.12.150(C) and
16.12.150(D).
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2. Conditional use permit. A conditional use permit issued in accordance with the procedures set forth in Section 16.16.050 is required for the installation of any wireless telecommunications facility that is not subject to a minor use permit-plot plan review set forth in subsection (A), a minor use permit-architectural review set forth in subsection (B)(1) above or a minor use permit-temporary uses set forth in (C) below. Following receipt of an application for a conditional use permit subject to this chapter, the Community Development Director shall provide written notice of the pending application to all parcel owners within 500 feet of the proposed facility.
3. Other Permits Required by Code. In addition, applicants for a minor use permitarchitectural review or conditional use permit to construct, install, or modify a wireless telecommunications facility on public or private property must also obtain all other permits and approvals required by the Arroyo Grande Municipal Code, including but not limited to encroachment permits for accessing, working, or staging within the public right-of-way or on city-owned public property or building permits.
C. Temporary Facilities - Minor Use Permit-Temporary Uses. A minor use permittemporary uses issued in accordance with the procedures set forth in Section 16.16.090 is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code section 8558 requiring additional service capabilities for a period not to exceed 90 consecutive days.
D. License Agreement. A license agreement entered into with the city shall be required for use of or attachment to any city-owned streetlights, vertical infrastructure or other City-owned property within the public right-of-way or on City-owned public property.
16.70.050 Application submittal requirements.
An applicant seeking an approval subject to this chapter shall complete and submit an application to the Community Development Department for review and processing, upon the form published by the Community Development Director, which may be updated from time to time.
16.70.060 Findings.
The hearing body or individual considering an application for a minor use permitarchitectural review permit, minor use permit-plot plan review, or a conditional use permit subject to this chapter may approve the application only upon making the following findings, or to the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested a limited
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exception pursuant to Section 16.70.080 and the findings for granting a limited exception can be made.
1. Minor Use Permit – Plot Plan Review (Non Eligible Facilities Requests): The Community Development Director may approve a minor use permit—plot plan review application subject to this chapter in whole or in part, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings of fact can be made in an affirmative manner:
1. All findings for approval required for minor use permit—plot plan review as specified in Section 16.16.080; and
2. The facility complies with all applicable requirements of this chapter, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has met the requirements for a limited exception as outlined in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
2. Minor Use Permit – Architectural Review (Non Eligible Facilities Requests): The Community Development Director may approve a minor use permit-architectural review application subject to this chapter in whole or in part, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings of fact can be made in an affirmative manner:
1. All findings for approval required for minor use permit—architectural review as specified in Section 16.16.130; and
2. The facility complies with all applicable requirements of this chapter, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has met the requirements for a limited exception as outlined in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
3. Conditional Use Permit: The planning commission may approve a conditional use permit application subject to this chapter in whole or in part, with or without conditions, only if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings of fact can be made in an affirmative manner:
1. All findings for approval required for conditional use permit as specified in Section 16.16.050; and
2. The facility complies with all applicable requirements of this chapter, including all requirements for the requested permit; all application requirements; and all
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applicable design, location, and development standards, or has met the requirements for a limited exception as outlined in 16.70.080; and
3. The proposed facility will comply with all generally applicable laws.
4. Eligible Facilities Requests: No minor use permit-plot plan review or minor use permit-architectural review shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
1. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections
1.6100(b)(3)—(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The Community Development Director shall make an express finding for each criterion; and
2. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections
1.6100(b)(7)(i)—(iv), or any successor provisions; and
3. The proposed facility will comply with all generally applicable laws.
16.70.070 Design, Development, and Location Standards.
Each wireless telecommunications facility subject to this chapter (except eligible facilities requests) shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section.
A. Location Standards. When considering compatibility of a location and structure for wireless telecommunications facilities, applicants shall propose those that will be the least intrusive to community character and values. Subsection (B) of this section provides a ranking that describes zoning districts where facilities are least compatible to most compatible with other uses. Subsection (C) of this section provides the City’s preference for placement on particular structures. Subsection (D) provides additional special considerations for site selection on public rights-of-way. Subsection (E) of this section provides general design standards.
B. Ranked Locations. Applicants must propose placement of new Towers or new structures for wireless telecommunications facilities in locations with the least intrusive land use designation (i.e., zoning) that are technically feasible and potentially available.
Applications proposing placement in Tier I or II must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows the Tier III (and if applicable Tier II) land use tier is not technically feasible and
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available. The following land use tiers are ranked from least compatible to most compatible:
Tier I (Not compatible):
Residential Zoning Designations: Residential Estate (RE), Residential Hillside (RH), Rural Residential (RR), Residential Suburban (RS), Single-Family Residential (SF), Village Residential (VR), Condominium/Townhouse (MF), Multifamily Apartment (MFA), Multifamily Very High Density (MFVH), Mobilehome Park (MHP), Village Mixed Use (VMU)
Tier II (Less compatible):
Mixed Use Zoning Designations: Fair Oaks Mixed Use (FOMU), Highway Mixed Use (HMU), Gateway Mixed Use (GMU), Office Mixed Use (OMU), Village Core Downtown (VCD)
Tier III (Most compatible):
Industrial Mixed Use (IMU), Traffic Way Mixed Use (TMU), Regional Commercial (RC), Public Facility (PF), Agricultural (AG)
1. Wireless telecommunications facilities shall not be placed directly in front of the primary entrance of any primary residential building or multifamily building located in the following zones: Residential Estate (RE), Residential Hillside (RH), Rural Residential (RR), Residential Suburban (RS), Single-Family Residential (SF), Village Residential (VR), Condominium/Townhouse (MF), Multifamily Apartment (MFA), Multifamily Very High Density (MFVH), Mobilehome Park (MHP), Village Mixed Use (VMU).
C. Structure Selection. Applicants shall propose placement on the most compatible structure that is technically feasible and available. Any application to place a wireless telecommunications facility on a structure other than the most compatible structure must include a written justification, based on factual and verifiable evidence, that shows no more compatible structure is technically feasible and available.
1. Structure Selection on Private and Public Property . The following structures are ranked from least compatible to most compatible on parcels:
a. New (nonreplacement) structures (New Towers, monopoles, and other standalone facilities).
b. Historic structures and buildings that are listed or qualify for listing on the California Office of Historic Preservation Resources registry or the national register of historic places.
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c. Existing (or replacement) nonbuilding structures, such as water towers, water tanks/ reservoirs, grain bins or silos, without existing wireless facilities. d. Existing nonbuilding structures, such as monopines, faux water towers, water tanks/ reservoirs, grain bins or silos with existing wireless facilities. e. Existing buildings, such as rooftop or façade mounted, within steeples, faux copulas and other buildings with sufficient capacity to support a facility.
2. Structure Selection on Public Rights-of-Way. New (non-replacement) structures of any type (utility pole or non-pole) are the least compatible structures to use on public rights-of-way. Deployment on existing (or replacement) utility poles and streetlights are the most compatible and preferred structures. Wireless telecommunications facilities are not permitted to be deployed on decorative streetlights. Selection of structures/locations in the public right-of-way is also subject to the limitations in subsection (D) of this section.
D. Public Right of Way Location Selection Standards. Wireless telecommunications facilities are not permitted in the following locations in the public right of way unless the application includes a written justification, based on factual and verifiable evidence, that shows no structure/location is technically feasible and available outside these locations:
1. Directly in front of the areas which are five feet in either direction from the centerline of each entry door or window in the front facade of any occupied residential building.
2. Within a 300-foot radius from another wireless telecommunications facility within the public rights-of-way.
3. Any location that would adversely affect the normal drainage of surface water, unless an acceptable mitigation is included that will be advantageous to the general public.
4. Any location that would adversely affect vehicular and/or pedestrian traffic or the parking of vehicles including placements in any visibility triangle that obstructs or restricts the view necessary for the safe operation of motor vehicles as determined by the Director of Public Works.
5. Any location that would adversely affect the root structure of any existing trees, or significantly reduce greenbelt area that may be used for tree planting.
6. Any location within 10 feet of any driveways for police stations, fire stations, or other emergency responder facilities.
7. Any location that would physically interfere with or impede access to any: (i) aboveground or underground infrastructure for traffic control, or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (ii) public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop; (iii) aboveground or underground infrastructure owned or operated by any public or private utility agency; (iv) fire
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hydrant or water valve; (v) doors, gates, sidewalk doors, passage doors, stoops, or other ingress and egress points to any building appurtenant to the right-ofway; or (vi) fire escape.
E. Design Standards.
1. General Requirements. This subsection (E) establishes generally applicable design standards for all facilities, except that eligible facilities requests are subject only to subsections 16.70.070(E)(1)(e) through 16.70.070(E)(1)(l). a. Stealth/Concealment. All wireless telecommunications facilities must be stealth to the maximum extent feasible. Stealth concealment techniques include, without limitation: (a) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying structure; (b) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality such that they appear part of the original structure’s design; and (c) concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment or adjacent uses.. Colors and materials for wireless facilities shall be muted, subdued, nonreflective and chosen to minimize visibility to the greatest extent feasible.
b. Overall Height. On public and private parcels, facilities may not exceed more than 25 feet above the maximum height allowed by this Arroyo Grande Municipal Code for the underlying zoning district where the facility is proposed. In the public right-of-way, wireless facilities on an existing pole may not have an overall height that exceeds the height of the existing pole by more than 10 feet and wireless facilities that involve a replacement pole or a new pole may not have an overall height that is more than 10 feet above the height of the replaced pole or existing poles in the vicinity unless additional height is necessary to comply with CPUC safety standards such as General Order 95.
c. Setbacks. Setbacks. For towers proposed within 300 feet of a dwelling unit, the facility should be set back at least 50 feet or the height of the facility, whichever is greater, measured from the base of the proposed tower to the closest occupied dwelling unit structure, not including attached garages.
Otherwise, the standard setback for the applicable zoning district shall apply. d. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, nonreflective hues that match the underlying structure or blend with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials.
All finishes shall be subject to the reviewing authority’s prior approval.
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e. Trees and Landscaping. Wireless facilities shall not be installed (in whole or in part) on new poles within any tree drip line. All wireless facilities proposed to be placed in a landscaped area must include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape maintenance plan. The existing native vegetation shall be maintained to the maximum extent feasible. The reviewing authority may require additional landscape features to screen the wireless telecommunications facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this chapter. All plants proposed or required must be reviewed as part of a formal landscaping plan and approved by the City. f. Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this Arroyo Grande Municipal Code. The reviewing authority may require the applicant to incorporate appropriate noise-baffling materials and/or noisemitigating strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
g. Lights. Wireless facilities may not include exterior lights other than as may be required under the Federal Aviation Administration, FCC, or other applicable Federal or State governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigate illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation. h. Signage, Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the reviewing authority, required by law or recommended under FCC or other Federal governmental agencies for compliance with RF emissions regulations.
i. Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices may be approved.
Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences or any
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similar security measures are prohibited. Alarm systems shall not include any visible alarms or audible sirens or other sounds.
j. Fire Safety. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities shall be proactively monitored and maintained to continue and, if possible, improve the safety design.
k. Compliance With Laws. All wireless facilities must be designed and sited in compliance with all applicable Federal, State, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, the Arroyo Grande Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project. l. Public health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City.
m. Electric Service. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. Where meters are required, use the narrowest electric meter and disconnect available.
16.70.080 Limited Exceptions to Design, Development and Location Standards.
A. The Community Development Director and/or the hearing body considering the application may grant exceptions to the design, development and location standards for wireless telecommunications facilities subject to this chapter, if it is determined that denial of an application or strict adherence to the design, development and location standards would:
1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of federal law; or
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2. Otherwise violate applicable laws or regulations; or
3. Require a technically infeasible location, design or installation of a wireless telecommunications facility;
4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.
B. To be considered, the applicant must request an exception at the time of application submittal, and the applicant has the burden of proof.
C. If the Community Development Director and/or the hearing body considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.
16.70.090 Standard conditions of approval.
All permits issued in accordance with this chapter, except for minor use permittemporary uses, whether approved by the Community Development Director and/or the hearing body considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The Community Development Director and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this chapter.
A. Permit term. The permit for a wireless telecommunications facility (except for an eligible facilities request) will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date. Any other permits or approvals issued in connection with an application subject to this Article, which includes without limitation any permits or other approvals deemed- granted or deemed- approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.
B. Compliance with Laws. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.
C. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in when the facility threatens imminent harm to persons or property.
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D. Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Community Development Director upon permittee’s receipt of the Community Development Director’s written request, except in an emergency determined by the city when all such contact information for responsible parties shall be immediately provided to the Community Development Director upon that person’s verbal request.
E. Indemnities. The permittee and, if applicable, the owner of the private property upon which the facility is installed shall defend, indemnify and hold harmless the city of Arroyo Grande, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense.
F. Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.
G. General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
H. Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city.
I. RF emissions exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the
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authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless telecommunications facility, permittee or its representative must provide the city documentation demonstrating compliance with all applicable RF emissions exposure standards as certified by a licensed engineer.
J. Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:
1. The facility is constructed or modified as approved and in operation; or
2. The build-out period is extended by the city authority which originally approved the permit; or
3. A building permit has been issued, substantial money has been expended, and construction diligently pursued. Permittees seeking an extension of the one-year build-out period under this subsection (J)(3) shall provide adequate supporting documentation to the Community Development Director demonstrating of its efforts to date, which may include but is not limited to plans submitted for plan review, executed contracts with contractors or subcontractors for the installation or modification of the facility or other documentation.
K. Lapse. The permit shall automatically lapse if, after the commencement of operation of the facility, there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
M. Utilities undergrounded. Unless the facility is on a utility pole, extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.
N. Encroachment. Permittee must obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property.
O. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.
P. Modifications. No changes shall be made to the approved plans, except for like-forlike modifications, replacements, alterations, and/or additions consist of upgrades or exchanges of equipment that are substantially similar in appearance and the same or
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less in size, dimensions, weight, and RF emissions to the then-existing and approved equipment, without review and approval in accordance with this chapter.
Q. Performance and maintenance. All wireless telecommunications facilities, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the city or after discovery by the permittee.
R. Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless telecommunications facility and all related facilities and equipment on the site, based on the higher of two contractors’ quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.
S. Conflicts with improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any public right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-ofway improvements, or for any other construction, repair or improvement to the public right-of-way.
T. City access. The city reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the city reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The city shall make an effort to contact the permittee, prior to disabling or removing wireless telecommunications facility elements.
U. Encourage collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.
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V. Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the Community Development Director with a copy of any notice of such violation issued by any federal agency and shall notify the Community Development Director as applicable once the facility comes back into compliance with applicable standards.
W. Discontinuance of use. The facility shall be removed by permittee within 90 calendar days of the discontinuation of the use or of permit expiration, whichever is earlier, and the site shall be restored to its previous condition. For facilities located on city property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of the facility within 90 calendar days of the discontinuation of the use or of permit expiration, whichever is earlier. The permittee shall provide the Community Development Department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation.
X. Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval, any eligible facilities request approved pursuant to this chapter shall be subject to the following standard conditions unless modified by the Community Development Director:
1. No permit term extension. The city’s grant or grant by operation of law of a permit for an eligible facilities request constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of a permit for an eligible facilities request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
2. No waiver of standing. The city’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge any federal statute or regulation concerning eligible facilities request or any eligible facilities request .
3. Permit subject to conditions of underlying permit. Permits for eligible facilities requests shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
16.70.100 Peer review.
The Community Development Director and/or the hearing body considering the relevant permit application pursuant to this chapter may require the application, proposed findings, and conditions to be reviewed by an independent third-party peer review