Citizen Oversight Committee
Measures X-06 and F-20 Transactions and Use Tax
& K-14 Street Bonds
Report to City Council as of June 30, 2021
Attachment 1
Anne Holden
Paula Tripp
Donna De La Rosa
Karen Kass
Jonathon Reynolds
Matthew Bronson
City Manager
Deanne Purcell
Administrative Services Director
Greg Ray
Public Works Director/City Engineer
Public Works Dept
154 South 8th Street
Grover Beach, CA 93433
Phone: 805-473-4520
Fax: 805-489-9657
[email protected]
Citizen Oversight
Committee Members
Measures X-06, F-20 & K-14
S TA F F
Please visit
www.groverbeach.org
for more information
regarding these
Measures
A Message from the City Manager
Thank you for your interest in the report of the Citizen Oversight Committee for City Revenue Measures. This oversight committee is tasked by the City Council with reviewing revenues and expenditures for Measure X-06 and Measure K-14 and now Measure F-20. Measure X-06 is a transactions and use tax approved by voters that established a half-cent sales tax as a general revenue to fund City services and projects. Measure K-14 was authorization approved by voters to issue up to $48 million in general obligation bond funding to repair local streets and roads. The City has funded important City services through annual revenue from Measure X-06 and has successfully completed nine street rehabilitation projects as of June 30, 2021 with repair of over 200 blocks representing approximately 50% of local city streets. Measure F-20 is a one cent transactions and use tax also as general revenue to fund City services and projects. This report provides the taxpayers a summary of how these voter-approved revenues are being spent consistent with the parameters of each measure.
A Message from the Citizen Oversight Committee
The Citizen Oversight Committee is pleased to forward its 2021 report on Measures X-06 and F-20 Transactions and Use Tax revenue and the progress of the $48 Million Measure K-14 Street Bond Program. The committee’s job is to carry out the principal duties of ensuring that revenues from these measures have been expended for the purposes set forth in the ballot language, reporting progress annually to the public, and providing a compliance statement.
The funding provided by Measures X-06 and F-20 Transactions and Use Tax is used to support general city services including police, fire, public works, parks and recreation and general city administration. The committee’s task is to review the annual summary of revenues generated from the supplemental sales tax and budgeted expenditures for the upcoming fiscal year. The committee reviewed this information, which disclosed no issues or concerns.
The City to date has issued $28 million of the $48 million in approved bonds.
The funding provided by Measure K-14 is a community investment in improving local streets in Grover Beach. The improvements are essential to improve roadway conditions, maintain emergency response times, enhance safety for pedestrians, bicyclists, drivers, and promote economic growth in the City.
The committee reviewed a summary of the FY 2020-21 independent auditors report related to revenues for both measures which disclosed no instances of non-compliance. The committee wishes to report that, to the best of its knowledge, the City is in full compliance with the parameters of Measures X-06 and F-20 in generating general revenues to support general city services and Measure K-14 which states that “The object and specific single purpose of issuing the Bonds is the acquisition, construction and improvement of street improvements throughout the City” (the “Street Improvements”), and the proceeds of the Bonds may only be applied to that purpose.
Summary
In 2006, voters approved Measure X-06, a
transactions and use tax at the rate of one
-half percent (0.5%) to be administered by
the State Board of Equalization as a general revenue to support City services and projects.
The trend continues to show consistent increases in the Measure X-06 sales tax with a two-year average increase of 15.8% and
five-year average increase of 9.9%. The
larger increases in 2019-2021 can be
attributed to the introduction of cannabis
sales, which added an additional $2.4 million in cannabis tax revenue for the City in FY 2020-21.
Measure X-06 Status Report
Summary
In November 2020, voters approved
Measure F-20, a transactions and
use tax at the rate of one percent
(1.0%) to be administered by the
State Board of Equalization as a
general revenue to support City services and projects.
This new tax measure became effective April 1, 2021 or the fourth quarter of FY 2020-21. Total Measure F-20 sales tax revenue collected for 3 months (April, May & June)
was $572,799 and it is projected to
bring the City an additional $2.2
million in tax revenue for FY 2021-
22. Measure F-20 Status Report
C o m b i n e d R e p o r t
Revenues
History of Issuance
March 2015 Bond Sale $ 5,000,000
April 2016 Bond Sale 8,000,000
December 2017 Bond Sale 15,000.000
Interest 106,401
Total Revenues $ 28,106,401
Capital Expenditures
Prior Capital Expenditures $ 19,643,135
FY 2020-21 Expenditures:
Project #2295-4 $ 295
Project #2295-6 16,039
Project #2295-10 334,589
Project #2295-11 2,074,464
Project #2295-12 260,304
Project #2295-13 31,220
FY 2020-21 Expenditures $ 2,716,911
Total Capital Expenditures $ 22,360,046
Non Capital Expenditures
Prior Non-Capital Expend. $ 1,411,488
FY 2020-21 197,225
Total Non-Capital Expend. $ 1,608,713
Total Expenditures $ 23,968,759
Fund Balance June 30, 2021 $ 4,137,642
(After Accruals)
Summary
Through funds provided by the Measure K-14
Street Bond, the City of Grover Beach has completed eleven street projects, two (outlined below) that are currently under construction and the fourteenth project is expected to begin before the end of FY 2021-22. These projects, outlined in the attached map, provided maintenance and repair of 240 blocks, representing about 60%
of all local streets.
Project 2295-10 was approved for construction in
May 2021. This project will provide maintenance
and repair of 21 city blocks. The project is expected to be completed in Fall 2021.
Design efforts for project 2295-13 are complete.
The construction contract is expected to be approved in November 2021, with construction beginning in December 2021. This project will provide maintenance and repair of 19 city blocks.
Measure K-14 Status Report
City of Grover Beach Street
Rehabilitation & Repair Program
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 10, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Award of Professional Services North Half of City Sewer Mainline Video Inspection
RECOMMENDATION
Authorize a Consulting Services Agreement with VIS, Inc. for professional services associated with the North Half of City Sewer Mainline Video Inspection Project and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
The City’s maintains an extensive network of sewer mainlines. Approximately 66 percent of the lines were constructed in the 1960s and require routine maintenance and inspection to ensure they remain in acceptable operating condition. All mainlines are constructed of either Vitrified Clay Pipe or Polyvinyl Chloride (PVC) and range in size from 6-inch to 12-inch diameter. The City last had a video inspection performed for the entire sewer mainline network in 2007. In FY 2020-21, staff recommended an inspection of the sewer mainline network over a two-year period to provide current condition information for the network to assist in capital project programming as the City looks to replace and upgrade deficient sewer lines. Proper video inspection will also provide maintenance staff with more accurate condition information when planning routine cleaning, patching, and lining work. The City completed a video inspection of the south half of the sewer mainline network in 2021. The north half of the network includes approximately 100,000 linear feet of sewer mainline north of, and including, West Grand Avenue which will be videoed through this project.
Staff issued a Request for Proposals on October 21, 2021 for professional services and received proposals from six sewer video and inspection firms including National Plant Services, VIS, ProPipe, Redzone Robotics, DPSI, Inc., and Mainline. City staff evaluated the proposals and National Plant Services was determined to be the most qualified based on the quality of their proposal and the experience and qualifications of staff. National Plant Services’ initial cost proposal was for $315,965 which exceeded the City’s project budget of $150,000. Staff entered into cost negotiations with National Plant Services to reach an agreement within the City’s project budget but was unsuccessful. Staff then began cost negotiations with the second ranked firm, VIS, Inc., to reach an agreement within the City’s project budget. VIS, Inc.’s initial cost proposal was for $159,932.50. Staff was able to negotiate a revised cost proposal for $149,586.50 from VIS, Inc. during cost negotiations. Staff recommends award of the contract to VIS, Inc. as they were the highest ranked firm based on the quality of their proposal that could also produce a cost proposal within the City’s project budget.
Staff Report: North Half of City Sewer Mainline Video Inspection Page 2 January 10, 2022
FISCAL IMPACT
This project has a budget of $150,000 which is sufficient to fund the contract cost of $149,586.50 but does not fund potential contingencies. Staff will request an additional allocation of $15,000 from the Sewer Enterprise Fund as part of the mid-year budget review to fully fund this project and provide an approximate 10% contingency of $15,413.50 in case it is needed during the course of the work.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize a Professional Services Agreement with VIS, Inc. for professional services associated with the North Half of City Sewer Mainline Video Inspection Project and authorize the Mayor to execute the agreement on behalf of the City; or
2. Provide direction to staff to seek the services of other firms to provide professional sewer videoing services; or
3. Provide staff with additional direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. VIS, Inc. Proposal
Grover Beach California
154 South 8th Street, Grover
Beach, CA 93433
805-473-4530
[email protected]
Contact: Greg Ray
City of Grover Beach
North Half of City Sewer Main Video Inspection
Video Inspection Specialists Inc (VIS) is submitting the following proposal for the North Half of City Sewer Main Video Inspection project, Due November 18
th, 2021.
Thanks for taking the time to review and consider our proposal. We look forward to once again working with the City of Grover Beach.
With previous experience completing CCTV Inspections for the City of Grover Beach and over 40 years of experience specializing in underground pipeline video inspection, we understand the infrastructure and will get the job done correctly.
Sincerely,
Kevin Hastings
Operations Manager
Video Inspection Specialists
5105 E Belmont Ave, Fresno, CA
93727
Physical address: 10816 Hwy
41, Madera, CA 93636
Contact: Kevin Hastings
Email: [email protected]
Attachment 1
VIDEO INSPECTION SPECIALISTS, INC.
COMPANY DESCRIPTION
Video Inspection Specialists, Inc. has been actively engaged in the television inspection, cleaning and rehabilitation of sanitary sewer collection systems of all sizes since 1978. The Principals of the Company have been involved in all aspects of television inspection of pipelines for the past thirty years.
At present, Video Inspection Specialists, Inc. maintains a line of sewer cleaning equipment that includes hydro-flush trucks, balling equipment, pressure spraying equipment, vacuum cleaning equipment, and CIPP trenchless point repair equipment.
Video Inspection Specialists, Inc. also maintains three fully equipped television trucks, each with spare cameras and transporters to eliminate downtime. The cameras are color and have pan and tilt capabilities with 360 rotating heads.
Transports are steerable, with automatic camera lifts to get through even the toughest obstacles.
Each van is equipped with 2,000 feet of armored cable that permits easement work and longer-than-normal pulls, while at the same time reducing cost for the customer by reducing excessive set-ups and traffic interruption. Each van also has a complete line of standby equipment to minimize downtime if an equipment failure takes place. Every van carries a full array of OSHA approved safety equipment. Our crews are NASSCO (PACP & LACP) certified. Video Inspection Specialists can provide inspection information in any formatrequested by owning multiple Nassco (PACP) approved software packages.
We have been involved in large sewer rehab & assessment studies from Colorado to Hawaii & Seattle to San Diego. Our Primary business takes place in central and Northern California.
If any additional information is required, please feel free to call the office any time between 8 am and 5 pm PST at (559) 276-0186
Operators assigned to the Grover Beach project. Primary operators listed below will be assigned to the project secondary operators will only be utilized if primary is unavailable during that time frame listed on the provided schedule. •Kevin Hastings - OPS Manager (Onsite for Bi-weekly Project Performance Review) Kevin has fourteen years’ experience in the Pipeline inspection industry. Kevin’s experience has been based around pipeline inspection and rehabilitation equipment sales and new customer training for Aries Industries, a leading manufacture in pipeline inspection equipment. In recent years, Kevin Hastings has managed a team of pipeline inspection and Hydro Jetting truck operators on large scale municipal sanitary pipeline projects. •Jeff Dewey – Project Manager and CCTV Operator (Project Manager for Grover Beach) Jeff has been with the company as a Nassco certified operator and a trained CIPP trenchless pipe repair technician for 2 years. He was primary operator for our project in Kerman, Ca which consisted of 180,000 LF of sewer mainline inspections. He regularly inspected an average of 4000LF of sewer pipeline per day before he was promoted to the company’s Project Manager.
Now he runs the day-to-day operations for all projects and heads our Cross-bore Prevention Division.
•James Anderson – Field Supervisor (Pipeline jetting operator for “As Needed”Cleaning of Grover Beach)
James has been in the underground pipeline industry for over twenty years. James’s experience is based around all aspects of new pipeline construction, municipal pipeline repair, Hydro flushing, and video inspection of municipal sewer systems. James is Nassco PACP certified.
James is also confined space and CPR certified.
•Robert Pickens (Primary CCTV operator Grover Beach. Operator assigned for the South Half Sewer Project.)
Robert has been with the company for 10 years. He is Nassco PACP, MACP, and LACP certified, and holds the company’s T1-D2 treatment and distribution license. His work history consists of maintenance of private water districts, and mainline and lateral inspections for several years.
•Mike Kelly (Primary equipment technician for Grover Beach) Mike has been in the pipeline inspection and cleaning industry for over twenty-one years. Mike has been with Video Inspection Specialists holding positions as an CCTV and Vac truck/Hydro Jetting operator. He is Nassco PACP certified. He is also confined space and CPR certified.
•Michael Leon (Secondary equipment technician for Grover Beach) Michael is a Nassco PACP certified CCTV Operator. Michael has completed multiple large new construction and existing inspection project over the last 12mos with the company. He is also trained in cross bore prevention CCTV inspection. Michael has been assigned to smaller asset management inspection projects primarily under 20,000 linear feet and has proven to be a skilled CCTV operator.
Organization Experience
On average, VIS inspects and cleans and inspects approximately 4,000 linear feet of pipeline daily throughout central California. we have been in business since 1978 making us one of the first pipeline inspection and rehabilitation companies in California. With over 40 years experience and helping to develop some of the inspection standards used by NASSCO, we are experienced and equipped to handle any project.
Cross-bore Prevention
We have provided pre and post cross-bore prevention inspections for electrical and boring contractors throughout Central California for several years. • Jerry’s Trenching Services – Ongoing business relationship for years providing pre and post cross-bore prevention inspections for all JTS’s boring work in the Central Valley. • PG&E – VIS has begun a contract with PG&E as an approved contractor for legacy and preventative work in Central California.
Asset Management
We currently manage 24 hr on-call services and maintenance for several municipalities and communities in the Central Valley.
• Cal-Water – Tesoro Viejo: VIS is currently under contract with Cal-Water as the primary contractor for all maintenance and 24 hr on-call services for the Tesoro Viejo development in Madera County
• Fresno Metropolitan Flood Control District: VIS is currently under contract with the district for all on-call jetting, vacuum, and pipeline inspection services. We have been servicing the distract for five consecutive years.
• City of Dinuba California: Ongoing contract for CCTV, vacuum, and hydro jetting services on an as needed basis.
• City of Grover Beach (2021) – CCTV PACP Inspection and Hydro jetting of city’s southside sewer infrastructure. Over 100,000LF completed within two months. • City of Kerman (2020) - Sewer Rehabilitation project. Inspection and jetting of 160,000 LF of city’s infrastructure. Completed in 2 ½ months. Additional footage added later by city along with establishment of sewer maintenance contract. • City of Riverdale CCTV PACP Inspection and Hydro jetting of city’s entire sewer infrastructure in 2021. We are also the City’s on call contractor. • Pinedale Water Distract: Provide CCTV and Vac services on an as needed basis for pipeline cleaning, CCTV inspection, and point repair pipeline rehabilitation
Scope of Services
CCTV - All mainline video inspections will be completed as per the city provided spec or defaulted to the Nassco PACP standard. Camera heads with an installed wiper will be used to maximize efficiency in active sewers by eliminating the need to stop inspections to clean lens.
VIS currently uses multiple transporters with auto-lift and steering capabilities that provide a greater success rate in pipes with obstructions and debris.
Hydro-jetting and Cleaning – VIS uses the highest quality trucks in the industry that promote safety and efficiency. By using T-5 nozzles, proper cleaning and water conservation is achieved consistently. In shallow sewers, a specialized anti-blast nozzle is used to prevent pressure buildup in lateral connections. Every truck is equipped with a high pressure spinner nozzle to remove fine roots and grease.
Root Cutting and Heavy Grease Removal – VIS utilizes a circular style cutter that uses pressurized water from our hydro-vac truck to propel it down the line while rotating the blade at high speeds. This type of cutter has the capability to effectively remove various types of roots and clear heavy grease deposits.
Push Camera – The push camera system features a self-leveling camera head that can travel up to 400 LF in 3”-12” pipes, allowing access to cleanouts.
Trenchless Repair – Able to repair 6”- 48” pipe in 24” and 48” lengths using a resin patch.
Lateral Locating – By launching either from the mainline or through cleanout access, we can use frequency locating equipment to mark location and depth of sewer laterals.
Lateral Evaluation Television System – Using a specialized tractor to inspect 3″, 4″ and 6″ lateral connections up to 150’ from the main sewer line, VIS can accurately assess the condition of laterals to the property.
VIS is trained in traffic control setup by Safety Compliance and conform to the standards and guidance of the CA-MUTCD. Project will be planned out in a manner to keep 3rd party traffic control to a minimum.
Project Understanding and Approach to the Work
Video Inspection Specialists Inc. recognizes the need for safety and efficiency to not only to maximize the work, given the limited monetary resources, but to always provide and maintain the safest work environment possible.
Our inspection crews maximize their efficiency in the following ways,
1. By utilizing a single conductor system with a steel armored cable, we have the capability to inspect multiple line segments in one setup.
2. Inspection areas are planned out ahead of time each day to inspect efficiently in as few setups as possible.
3. All inspections are submitted at the end of each shift to the Project Manager to check for accuracy.
4. Equipment maintenance is of the utmost importance. All serviceable equipment is checked by a qualified technician at the start of every shift. Equipment will always be maintained and in working order along with back up units in case of unavoidable breakdowns.
Video Inspection Specialists Inc. holds regular safety meetings with an OSHA certified trainer.
We review common safety measures such as,
1. Awareness of common job-related safety and health hazards.
2. Recognition of, and preventive measures for, the safety hazards associated with our line of work.
3. Proper traffic control setup to prevent common traffic-related hazards to keep workers, passers-by, and drivers safe while in the work zone.
CCTV Inspection Quality Control Procedure 2021
Prior to starting pipeline inspections all company safety procedures must be followed.
Calibration of incoming software footage:
Follow step by step procedure provided by the software manufacturer for calibration of cable footage. To test for accuracy, mark out a pre known 100-foot section on the cable. Line the first mark set by the 100-foot measurement taken with the friction point of the encoder. Zero footage through the software program and slowly retrieve the cable to the to the second set mark on the cable. The footage on the software should be within+ or – 2’ per 1000’. If the footage is not calibrated accurately, check all connections to the encoder and complete an OD measurement of the counter wheel to verify its within manufacturer spec.
CCTV Equipment Daily Test:
1. Camera internal nitrogen pressure (9 pounds + or – 3 pounds) Internal humidity less 18% cold
2. Rotation and Pan test- Camera should rotate and pan to limit with no interruptions. Video should be stable and free of (Video Noise During Test) if any issues are seen during the test, contact the manufacturer for RMA number for service and request loaner be sent over night.
3. Camera lens test- Make sure lens of the camera is cleaned properly in between line segments. Lens should be free of large scratches and properly focused when home button is activated.
4. Tractor Clutch- Confirm that all wheels are properly engaged during forward and reverse setting. Place the tractor in neutral and pull the transporter across the ground to make sure all wheels are completely disengaged. If clutch is not working properly please refer to the owner’s manual of the model tractor being utilized for adjustment.
5. Conduct visual inspection of all tires being used for configuration for proper traction.
Proper size wheels should be used per the manufacturer's suggested charts for pipe sizes and type. Tires need to be cleared of all debris after every retrieval to prevent “lockup.”
6. TV Cable inspection- Cable must be checked during every retrieval to ensure the integrity of the cable has not been jeopardized during the previous inspection. If the cable has kinks or cuts through the jacket the cable needs to be cut back to the location in question and re-terminated.
Inspections Procedure:
Inspections are to be started from the center of the access point and completed at the same location in the downstream. Inspections unable to be completed due to obstruction should be noted as a modified completion using the abandoned survey observation code. Setups need to
be planed every morning prior to start of inspections. Setups need to be planned to complete as many line segments as possible from one location. The Inspections should be completed at no faster than 40 feet per minute or 30 if a PACP spec. Survey must be completed by the provided municipal spec or defaulted to a PACP (or) industry standard inspection.
Observation coding and grading should be performed at the municipalities provided spec or referenced per PACP guidelines.
Completed Inspections:
• All station or manhole numbers need to be listed in order prior to started inspection for accuracy. all inspection reports must be reviewed at the end of the day for any possible MH entries mistakes.
• A physical map must be used as a complete segment checklist. Map must be uploaded with video inspections daily for office staff review of performance and observation accuracy.
• Project folders must be completed within the software and mapped two the current inspection.
• Carryover fields must be utilized in the inspection software to promote efficiency and accuracy.
• At the end of every shift all complete inspection needs to be backed-up on a solid-state hard drive.
• All completed inspections are to be reviewed by operations or project managers prior to submittal. Once inspections are reviewed all reports and videos will be uploaded into drop box with and sent to customer. As a secondary deliverable, all video inspections completed during the project must be transferred onto a solid-state hard drive and delivered to the customer.
VIS safety and Traffic Control Guidelines: (Grover Beach) Traffic:
➢ Residential/suburban roadways (light traffic) traffic control will be setup and maintained by VIS following standards set by CA-MUTCD. VIS teams will be equipped with proper signage, cones, delineators, and light systems based on the project location. ➢ Metropolitan roadways and residential high traffic areas requiring an engineered traffic plan. VIS will be utilizing traffic management Inc located in San Luis Obispo county or Safety Network for all engineered traffic control plans. Due to previous projects VIS is very familiar with the traffic in the area and the infrastructure. VIS plans projects in areas with high traffic at times of day that provides the least amount of interruption and safest working conditions. ➢ Traffic control in areas such as highways, freeways or express ways or require Lane shifts or intersection light modifications, will always be conducted through an engineering traffic control company to promote the highest possible safety and limit liability for the contractor and municipalities.
Job Site Safety:
All VIS truck systems are equipped with proper DOT emergency and safety arrow boards and strobe lights.
All staff members must have safety glasses, hardhats, and Class 3 safety vest on at all times.
Safety gloves, splashguards, and water resistance boots must be worn while working in active sewer lines.
Truck systems are inventoried weekly to ensure operators have all proper PPE for the assigned project.
Daily safety meeting and check off sheets must be completed.
COVID-19 Safety checklist must be completed by every employee prior to the start of shift. All County and California Covid-19 guidelines will be followed by all VIS staff members.
Every truck is equipped with safety compliance books and emergency procedures.
Schedule
VIS is willing to working with Grover Beach to meet the needs of the city. If there are locations that the city feels are a priority, VIS is flexible with scheduling as we have multiple truck systems and are currently in the process of expanding our fleet.
VIS is equipped to start at the city’s request, and will stay till completion.
Estimated completion, 8-12 weeks. We will start from “Zone 1” on provided project map and proceed in order from 1 – 4.
Zone 1: 2-3 weeks
Zone 2: 2-3 weeks
Zone 3: 2-3 weeks
Zone 4: 2-3 weeks
Zone 1 Zone 2
Zone 3 Zone 4
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 10, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: David Hale, City Attorney
SUBJECT: Adoption of Findings Related to AB 361 Allowing Continued Teleconferencing Meetings
RECOMMENDATION
Adopt required findings with respect to the City of Grover Beach’s continued utilization of teleconferencing meetings in conformance with AB 361 (Government Code Section 54953).
BACKGROUND:
Assembly Bill (AB) 361, now reflected in Government Code Section 54953, amended and codified the modified Brown Act provisions implemented by Executive Orders of the Governor in March 2020 in response to the COVID-19 pandemic. Among the provisions of the Brown Act modified by the Governor’s Orders were provisions for participation in legislative meetings by teleconferencing by phone or video platforms such as Microsoft Teams or Zoom. The Brown Act previously required that in the event any legislative body member(s) wished to participate in a meeting remotely, the exact address of the remote location(s) had to be published in advance of the meeting agenda with the remote location(s) available for public participation and comment.
Governor’s Orders N-29-20 and N-08-21 effectively suspended these provisions for health and safety reasons, making it possible for legislative body members to join a meeting virtually without the need for conducing advance noticing or providing direct public access to the location. Effective October 1, 2021, AB 361 due to the Governor’s Executive Order N-15-21 functionally codified these provisions through January 2024, allowing agencies to avail themselves of the continued teleconferencing option if desired, provided that the legislative body makes certain findings as outlined below (Government Code Section 54953 (e)(3):
(3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
Gov. Code, § 54953
Staff Report: AB 361 Findings for Continued Teleconferencing Meetings Page 2 January 10, 2022
The City Council began its use of AB 361 provisions after the bill’s effective date of October 1, 2021, by continuing to hold a teleconferencing meeting using Microsoft Teams on October 5, 2021. Thus, the Council will be required to adopt findings before any virtual meeting it wishes to hold more than 30 days after October 5, 2021 and is required to make similar findings every 30 days thereafter as long as Council desires to avail itself of the modified teleconferencing procedures found within AB 361.
AB 361 also requires that the public be given the opportunity to address the legislative body with their comments in real time, which the City has provided continuously since the start of the pandemic and will continue to do so. In addition, the bill requires that meeting proceedings be stopped if the public’s virtual access to a meeting is disrupted, for example due to an internet outage. The City has also complied with these new regulations since the beginning of the pandemic. Should the Council choose to hold a hybrid meeting with some or all members participating in person, and some or all of the public participating virtually, staff will monitor the virtual meeting component to assure that public access is not interrupted and pause meeting proceedings in the event of a disruption.
To provide both legal compliance and practical flexibility during ongoing uncertain circumstances, staff recommends that, by minute order, the City Council must adopt the following findings with respect to the City of Grover Beach’s utilization of the provisions of AB 361, relating to Brown Act teleconferences:
Findings
1) The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2) The following circumstances exist:
a) The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
b) State or local officials continue to impose or recommend measures to promote social distancing.
FISCAL IMPACT
There is no fiscal impact associated with adoption of the recommended findings.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve the Findings required in AB 361 for compliance with Government Code Section 54953 and assure the flexibility for conducting future virtual City Council meetings, or
2. Give alternate direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 10, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Matthew Bronson, City Manager
SUBJECT: COVID-19 Response Update
RECOMMENDATION
Receive an update on the countywide and City response to the COVID-19 pandemic.
BACKGROUND
The City continues its work in addressing the COVID-19 coronavirus pandemic following the direction of the County Public Health Department in coordination with other local agencies. The following is an update on the status of the COVID-19 pandemic in the county as well as the City’s continued response since the last regular Council meeting on December 13.
As of January 5, San Luis Obispo County has had a total of 34,071 confirmed COVID-19 cases with 30 current hospitalizations including eight in the ICU and 2,059 active cases at home and 31,635 individuals recovered (approximately 93%). This is an 11% increase in total cases over the past month though over a 600% increase in active cases with an increase of 1,371 active cases over the past week. Hospitalizations have also increased nearly 300% over the past month and the 14-day average number of new daily cases is now 191 which is nearly the same level as the highest rate seen in January 2021.
In South County, there has been a total of 8,794 confirmed cases (approximately 25% of countywide cases) with 2,834 in Arroyo Grande, 2,694 in Nipomo, 1,522 in Grover Beach, 1,049 in Oceano, and 688 in Pismo Beach. Current case numbers in Grover Beach per 1,000 residents (117) continue to be lower than Arroyo Grande (157), Nipomo (168), and Oceano (150) though higher than Pismo Beach (86). There has been approximately a 11% increase in cases in Grover Beach over the past month which is similar to countywide trends in case numbers.
Conditions in the county and throughout the state have changed dramatically in recent weeks given the spread of the highly transmissive omicron variant. There has been a significant increase in the number of new cases along with a marked increase in hospitalizations with the omicron variant. Fortunately, data from both the U.S. and other countries has indicated that while there may be a large number of new cases, the severity of cases is lower than with the delta variant or original virus particularly for vaccinated individuals. This trend is also being seen locally as hospital capacity is still sufficient even with the recent rise in hospitalizations. The County has been under a local mask order for indoor public spaces since September 1 (9-1-2021-HealthOrder-6-Mask-Mandate.pdf (ca.gov)) which covers all businesses, government offices, churches, and other indoor facilities with limited exemptions such as working alone in an office or room, actively eating or drinking, or specific medical reasons. The State also issued a mask order for indoor public spaces for all counties that did not have a local order with the State order recently extended to February 15.
Staff Report: COVID-19 Response Update Page 2
January 10, 2022
Vaccines are now available for everyone ages 5 and up with boosters also available for those who received their vaccination six months ago. Approximately 65% of residents in San Luis Obispo County ages 5 and up have been fully vaccinated with 72% of residents at least partially vaccinated and 28% unvaccinated. Approximately 61% of residents ages 5 and up in Grover Beach are fully vaccinated for reference. The rate of vaccination in the county is increasing slowly towards the desired goal of 70%-80% of residents fully vaccinated. The City continues to work with the County on outreach and mobile clinics in addition to the Public Health clinic at 286 South 16th Street. One of the County’s three testing sites is also located in Grover Beach at 1336 Ramona Avenue.
City Hall counter hours are 8:00 a.m. to 5:00 p.m. on Monday through Thursday to provide inperson public access during normal business hours in addition to access electronically though email or on the City’s website or over the phone. The counter is closed on Fridays to allow additional time for staff to process applications, issue permits, and carry out other administrative tasks. Employees are working primarily in the office however remote work is being carried out by some employees particularly with caregiving needs or who work in more open workspaces.
Council meetings remain virtual for now with a call-in function available for the public to make comments. Staff is continuing to plan for a return to in-person meetings in early 2022 once case numbers and other metrics improve.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive an update on the response to the COVID-19 pandemic; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 10, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: Appointment to the Planning Commission
RECOMMENDATION
Confirm and approve Mayor’s recommendation and adopt the Resolution to re-appoint David Halverson to a four-year term of office, scheduled to expire on May 31, 2026.
BACKGROUND
On May 31, 2021, the four-year term of office held by Planning Commissioner (and current Vice Chair) David Halverson expired. Vice Chair Halverson agreed to continue serving on the Planning Commission until such time as the Council made an official appointment. Staff advertised the Planning Commission vacancies with press releases in the local newspapers, notices on the City website, government cable access Channel 20, and posted notices on the bulletin board located at City Hall.
As this was a scheduled vacancy, under the current appointment process Mayor Lee had the option of doing an interview process with a steering committee or to appoint one of the applicants from the three applications received from Donna De La Rosa, David Halverson, and Rachel Mann.
Mayor Lee recommends for Council approval the re-appointment of David Halverson to a fouryear term of office scheduled to expire on May 31, 2026. The Commissioner will begin serving his new term at the next scheduled Planning Commission meeting.
FISCAL IMPACT
There is no fiscal impact with the recommended action.
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Accept and confirm Mayor Lee’s recommendations and adopt the Resolution to re-appoint David Halverson to a four-year term of office, scheduled to expire on May 31, 2026
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. All applicants were sent a copy of this staff report and the meeting agenda.
Staff Report: Appointment to Planning Commission Page 2 January 10, 2022
ATTACHMENTS
1. Resolution
2. Applications (Note: redacted copies posted to the City website. Copies without redactions are available by request to the City Management Department.) RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AUTHORIZING THE APPOINTMENT OF DAVID HALVERSON
TO THE GROVER BEACH PLANNING COMMISSION
WHEREAS, the Planning Commission is a body of five lay citizens; and WHEREAS, one (1) vacancy currently exist on the Commission due to the scheduled expiration of four-year Commission terms of office; and WHEREAS, the City actively solicited potential candidates to serve on the Planning Commission; and
WHEREAS, as this was not an unscheduled vacancy Mayor Lee had the option of holding an Advisory Body Screening Committee to interview prospective citizen candidates or to recommend for appointment an applicant from the applications that the City received and submit his recommendation to the Council for approval; and
WHEREAS, Mayor Lee made a recommendation of David Halverson to the Council for re-appointment to the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby accepts Mayor Lee’s recommendation and approves the appointment of:
• David Halverson to a four-year term of office, scheduled to expire on May 31, 2026; On motion by ________, second by ________, and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California this 10th day of January 2022. _____________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Attachment 1
**DRAFT**
City of Grover Beach
APPLICATION FOR APPOINTMENT TO SERVE
ON A CITY COMMISSION, COMMITTEE OR BOARD
This application will remain active and on file for one (1) year.
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
I wish to be considered for appointment to the following Commission, Committee or Board:
(Check only one. Submit a separate application if you are interested In more than one.) l:Ji Planning Commission D Parks, Recreation and Beautification Commission D Traffic Committee D Citizen Oversight Committee for City Revenue Measures Name: Date: ~ , /9, ,;/.oil
(Please print)
Home Address:
Mailing Address: --=s'-a.ni~'""'-e....o;;_ _____________________ _ (If different from home address)
Occupation/Employer: __ /(,......_.€:<=-'--;f.....,j;...__..d_________________ _ Home Phone: Work Phone: _.;..IJ.;;.+,t.;....:.i,4 _____ _ Cell Phone: E-mail:
May we contact you at work? 0 Yes 0 No P /A Years lived in Grover Beach: d< 0 'f r5 · Are you related or married to any elected or appointed City official or employee?· 0 Yes ~No If yes, name of relative and their position with the City of Grover Beach: _J.J_..;.../ A _____ _ Community Service Experience:
Organization Dates Seived Position
.£la....-1t:..
r /?f.'f +:ti.-~ c~ A--rh di 01'::: - d-ol.? l{ s.h e..r Q Emplo If applicable :
Company Dates Seived Position
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e ;2.,o I~ .... pre<;.~ f<.e.q.,J es; 1-P-f~
a,,~ · Q.ssocfoJ.e_.!. ( oc.caJ, .. lo-.e1 worJ:) ;4-.s£ c c,,-o-f'-E:,.....o Attachment 2
Application for Appointment to Commission, Committee, or Board Page2
Other relevant experience, education, or training: R €d/ & ht-k- /; c... e..,...,.r e.... &u'-a..voriG-f 1 /h~ Heet-U~
What is your understanding of the role and responsibilities of the City Council?
11.eJp esh...4>1i?"h lo113 <;I sborf f-Grrn 3oa.Js '
1 pr-/or1-f-/e.s:,,
a...,d d re> S JS .5 V<--'. ~ /es O /u /-?'(Jn .s .fbr /\ -e.e-/.r o-f- -fi-e, C U)1 hl () A.i h ,
Please indicate the reasons for your interest in serving on the City Council:
!Je s f fe.- -fo be.c..c.r?1 e,., aG/-f u .e.-1 '1 i" u b l u eel in n lli You may attach additional pages or information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings is copied to the news media.
Have you ever attended a meeting of this City Council? ~Yes ONo ~ t> 0 g- ? If yes, how many in the last year? e Why did you attend? /)Pf; fhr.~ G,ri &J d'fY()-hl:J-.-..
Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Commissions, Committees or Boards are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property. For more information visit: http://www.fppc.ca.gov Signature:
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to:
For Offlce Use Only
Office of the City Clerk
154 South Slh Street
Grover Beach, CA 93433
Or via email: [email protected]
Interview Date: Appointed: t:l Yes a No Appointed Date:
Appointment is for: Cl Unexpired Term Ending Cl Full Term Ending ----- February 18, 2021
TO WHOM IT MAY CONCERN:
RE: COMMISSION SEATS, VOLUNTEER POSITIONS
I have enclosed applications for appointments to serve on city commission seats and volunteer services as needed. I have lived in the area since 1997 having transferred from Ventura County to California Men's Colony. I purchased a home here in Grover Beach in 2003. My husband and I love it here and plan to live here for a long time. I retired in 2010 and have since worked part time in real estate with Milligan & Associates. For the past several years, I was traveling a lot to Ventura County to help care for my elderly parents who have recently passed away. Other than volunteering at the Clark Center for Performing Arts ushering, I do not have a lot of volunteer experience. I sincerely wish to become more active in my community, now that time allows for me to do that. I am fairly physically active and healthy, enjoy problem solving and working with people. Please feel free to contact me with any questions and look forward to being of service.
Thank you for your consideration,
Donna De la Rosa
Grover Beach, CA 93433
City ofGrover Beach
APPLICATION FOR APPOINTMENT TO SERV E
ON A CITY COMMISSION, COMMITTEE OR BOARD
This application will remain active and on file for one (1) year.
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
I wish to be considered for appointment to the following Commission, Committee or Board:
(Check only one. Submit a separate application if you are interested in more than one.) §
Planning Commission • Parl<s, Recreation and Beautification Commission Traffic Committee • Citizen Oversight Committee for City Revenue Measures Name: Date: ^-'Zt^-ZI
(Please print)
Home Address
Mailing Address:
(If different from home address)
Occupation/Employer; /^g^ ^i^e^J,
Home Phone: Worl< Phone:
Cell Phone:
May we contact you at work? • Ye s • No
E-mail:
Years lived in Grover Beach: ^
Are you related or married to any elected or appointed City official or employee? • Ye s ^ No If yes, name of relative and their position with the City of Grover Beach:
Community Service Experience:
Organization Dates Served Position
'1.0)% -t-0 presc.ni'
J
Employment History (Ifapplica ble):
Company Dates Served Position
Application for Appointment to Commission, Committee, or Board
Other relevant experience, education, or training:
Please indicate the reasons for your interest in serving on the Gity Councif: ^ofn/n You may attach additional pages or information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings is copied to the news media.
Have you ever attended a meeting of this Gtty-GotfncU^ ^e s GNo If yes, how many In the last year? f Why did you attend? ^^Le-r 0'^ ^h)tr\ Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Commissions, Committees or Boards are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property. For more information visit: http://www.fppc.ca.aov Signature:
Your interest m serving the City of Grover Beach is sincerely appreciated! Please submit completed application to: Office of the City Clerk 154 South 8 * Street
Grover Beach, C A 93433
Or via email: gbadmincS.groverbeach.orq
For Office Use Only
Interview Date: Appointed: • Yes • No Appointed Date:
Appointment is for: • Unexpired Terni Ending • Full Temi Ending City of Grover Beach
APPLICATION FOR APPOINTMENT TO SERVE
ON A CITY COMMISSION, COMMITTEE OR BOARD
This application will remain active and on file for one (1) year.
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
Name: Date:
(Please print)
Home Address:
Mailing Address:
(If different from home address)
Occupation/Employer:
Home Phone: Work Phone:
Cell Phone: E-mail:
May we contact you at work? Yes No Years lived in Grover Beach:
Are you related or married to any elected or appointed City official or employee? Yes No If yes, name of relative and their position with the City of Grover Beach:
Community Service Experience:
Organization Dates Served Position
Employment History (If applicable):
Company Dates Served Position
I wish to be considered for appointment to the following Commission, Committee or Board:
(Check only one. Submit a separate application if you are interested in more than one.) Planning Commission
Traffic Committee
Parks, Recreation and Beautification Commission
Citizen Oversight Committee for City Revenue Measures Rachel Mann 5/1/2021
Grover Beach, CA, 93433
same as above
Instrumentation Scientist, Promega Biosciences
4.5 St Barnabas Episcopal Church AG Feb 2020-present Vestry (board) member, clerk Mt Carmel Lutheran Church SLO 2017, 2018 Summer day camp counselor singer, website developer
Christ Church Lutheran 2008-2016 Singer, website developer, Minneapolis Shelter meal planner/coordinator
Promega Biosciences Sep 2019-present Instrumentation Scientist Naviga (formerly Newscycle) 2014-2015 Software Developer CTE Global 2012-2013 Technical Representative
n/a
Application for Appointment to Commission, Committee, or Board
Other relevant experience, education, or training:
What is your understanding of the role and responsibilities of the City Council? Please indicate the reasons for your interest in serving on the City Council:
You may attach additional pages or information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings is copied to the news media.
Have you ever attended a meeting of this City Council? Yes No If yes, how many in the last year? Why did you attend?
Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Commissions, Committees or Boards are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property. For more information visit: http://www.fppc.ca.gov Signature:
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to: Office of the City Clerk 154 South 8th Street
Grover Beach, CA 93433
Or via email: [email protected]
For Office Use Only
Interview Date: Appointed: Yes No Appointed Date:
Appointment is for: Unexpired Term Ending Full Term Ending _ I am trained in facilitating service design
Planning Commission
____________
____________
Planning Commission
5 learn about my city, express
support for traffic calming, new homes, transit, and bicycle infrastructure to co-create services that work better for more people and the planet. Fun activites help participants empathize, conduct research, prototype, test with real users, and iterate. I own a townhouse-style home in a PUD a block off Grand Ave, one of the few homes in the city priced under $400k. It acheives this through clever design and site placement, which allows density, easy transit access and bike/walk-ability This experience will help me evaluate development and reuse that also acheive those outcomes.
The Planning Commission evaluates and decides on proposed land use, including construction and business use. It is responsible for interpreting and applying our city, regional, and statewide regulations (e.g., Housing Element, Circulation Element, General Plan) as well as expressed community values.
As we emerge from the pandemic, with our experiences of working and learning remotely, our region is already attracting more people. I believe we also have a responsibility to help our residents age well in their own homes for as long as possible. So that all may enjoy shelter, safety, amenities, and mobility with less friction, we should be open to creative proposals and businesses that increase home density and access to services, and reduce car trips. I want to help make this happen for Grover Beach.
Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 10, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: John Peters, Chief of Police
Bruce Buckingham, Community Development Director
A. Rafael Castillo, AICP, Senior Planner
SUBJECT: Cannabis Lounges Policy Direction
RECOMMENDATION
Provide policy direction to staff on allowing and regulating existing commercial cannabis retailers to operate cannabis lounges for onsite consumption of cannabis products.
BACKGROUND
In May 2021, the Council received an update on several policy issues related to the commercial cannabis industry including onsite consumption following requests from existing retailers for the City to consider allowing this. The Council expressed interest in allowing existing cannabis retailers to operate onsite cannabis consumption lounges (cannabis lounges) and directed staff to return with additional information. In response to this interest, staff has identified several policy and regulatory issues for Council consideration and is requesting Council policy direction on allowing and regulating this use. Pending Council direction, staff would return to the Council for review and consideration of an ordinance that would allow such cannabis lounges through amending the cannabis regulatory ordinance (GBMC Article III Chapter 18) and potentially the cannabis land use ordinance (GBMC Article IX Chapter 4) depending on direction provided regarding the permit review process.
Overview of Cannabis Lounges
California law prohibits the consumption of cannabis in public, which includes parks, sidewalks, in vehicles and in most businesses. In California, a property owner who rents residential space can prohibit the use of cannabis in their residential units. These restrictions, in addition to the law prohibitions, do not allow many options for a cannabis user to legally consume cannabis products.
However, the rapidly growing and diversifying cannabis industry has created an emergence of cannabis lounges across the state creating a space where cannabis products can be legally consumed by both recreational and medicinal users.
Metropolitan areas such as San Francisco and Los Angeles have several cannabis lounges already operating in multiple jurisdictions, and other smaller jurisdictions such as Lompoc, Lemoore, and Coalinga have recently opened consumption lounges. There are no cannabis lounges currently within San Luis Obispo County, which creates an economic opportunity for Grover Beach to allow this use in a safe and responsible way similar to other cannabis uses. The following page includes pictures from existing lounges in San Francisco and Lemoore for the Council’s reference.
Staff Report: Cannabis Lounges Policy Direction Page 2
January 10, 2022
Picture of Cannabis Lounge in San Francisco
Picture of Cannabis Lounge in Lemoore
Picture of Cannabis Lounge in Lemoore
California Business and Professions Code Section 26200(g) allows a local jurisdiction to authorize the smoking, vaporizing and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed by the State Department of Cannabis Control (DCC). DCC regulations allow such onsite consumption if all the following conditions are met:
Staff Report: Cannabis Lounges Policy Direction Page 3
January 10, 2022
• Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.
• Cannabis consumption is not visible from any public place or nonage-restricted area. • Sale or consumption of alcohol or tobacco is not allowed on the premises.
A cannabis lounge is a licensed retailer that has a lounge area located adjacent to the retail or microbusiness location that allows the customer to purchase cannabis products and then enter a separate area where the purchased items can be used. In order to operate a cannabis lounge the applicant must obtain a Type 10 license (Retailer) or Type 12 license (Microbusiness) from the DCC and receive approval from the local jurisdiction.
Consideration of Allowing Cannabis Lounges in Grover Beach The current Municipal Code allows up to four retailers within the city and there are three currently operating and one under construction as follows:
• 805 Beach Breaks – 1053 Highland Way
• Natural Healing Center – 998 Huston Street
• Urbn Leaf – 239 South 3rd Street
• Jushi – 923 Huber Street (under construction)
Staff has contacted the four retailers and all of them have expressed interest in adding or considering adding a cannabis lounge to expand their customer base and provide additional sales opportunities. Representatives from the four retailers were provided a copy of this agenda item if they wished to contact the Council or provide comments at the meeting.
The City’s existing land use and regulatory ordinances for retailers require the following operational standards:
• Hours of operation are 9:00 a.m. to 7:00 p.m. and may be extended to 7:00 a.m. to 9:00 p.m. if the retailer provides enhanced security.
• Secured delivery areas for all cannabis products.
• Odor control systems that prevent cannabis odors from being detected outside of the building.
• An operations and security plan to ensure best practices are in place at all times.
If the Council provided direction to allow and regulating cannabis lounges, staff would draft an ordinance with all of the above requirements in place unless the Council directed staff to make revisions. Revisions such as extending operating hours beyond the City’s current ordinances would involve a Development Code and Local Coastal Program Amendment requiring approval from the Coastal Commission.
Potential Policy and Regulatory Requirements
If Council wished to move forward in allowing and regulating cannabis lounges, staff has identified a number of topics for the Council to consider in providing direction for the framework of a draft ordinance for this regulation.
Staff Report: Cannabis Lounges Policy Direction Page 4
January 10, 2022
Entitlement Process
The existing retailers have a Use Permit (land use permit) approved by the Council and a Commercial Cannabis Permit (regulatory permit) issued by the City Manager prior to opening.
This two-step permitting process ensures all permitting requirements are met before opening and continue during operations. This allows staff to suspend or revoke the Commercial Cannabis Permit at any time for failure to comply with the conditions.
A retailer wanting to add a lounge would not expand the retail sales area but would provide adjacent space to add the ancillary use of allowing purchasers to consume products in a safe and regulated space. Since the Council has previously authorized retail use, there are three options identified by staff for allowing the retailers to add a cannabis lounge as discussed below. • Require a Commercial Cannabis Permit. This would require the regulatory ordinance be amended to expand the definition of a retailer to also allow a cannabis lounge. Staff would review the cannabis lounge application to ensure all ordinance requirements are met as specified by the Council and the City Manager would issue a separate Commercial Cannabis Permit for the lounge. This would result in the retailer and cannabis lounge operating under two separate permits. This process would not require an amendment to the Development Code or Local Coastal Program Amendment approval by the Coastal Commission. Staff estimates the ordinance process could be completed in 90 days (April) allowing applicants to then apply for a permit. The permit review process would be expedited in this approach and would take approximately 90 days for staff to approve and issue a building permit.
• Require an Administrative Development Permit. This would require both the land use and regulatory ordinances be amended. An Administrative Development Permit (ADP) is approved by the Community Development Director and does not require a public hearing but the Director’s decision can be appealed to the Planning Commission. Following the approval of the ADP, the City Manager would issue a separate Commercial Cannabis Permit for the lounge prior to operating identical to above permit process. This process would require an amendment to the Development Code and require a Local Coastal Program Amendment approval by the Coastal Commission for the retailer located in the Coastal Zone. Staff estimates the ordinance process could be completed in 150 days (June) allowing applicants not in the Coastal Zone to apply for a permit by June and the retailer in the Coastal Zone to apply by September. The permit review process would take approximately 120 days for staff to approve and issue a building permit. • Require a Use Permit Amendment. This would require both the land use and regulatory ordinances be amended. A Use Permit amendment must be approved by the Council and requires a public hearing. Following the approval of the Use Permit, the City Manager would issue a separate Commercial Cannabis Permit for the lounge prior to operating identical to both the above permit processes. This process would also require an amendment to the Development Code and require a Local Coastal Program Amendment approval by the Coastal Commission for the retailer located in the Coastal Zone. Staff estimates the ordinance process could be completed in 150 days (June) allowing applicants not in the Coastal Zone to apply for a permit by June and the retailer in the Coastal Zone to apply by September. The permit review process would take approximately 150 days for Council to approve the Use Permit and staff to approve and issue a building permit.
Staff Report: Cannabis Lounges Policy Direction Page 5
January 10, 2022
Indoor and/or Outdoor Cannabis Lounges
State law prohibits cannabis lounges being visible from any public place or non-age restricted area, but does not dictate that lounges be indoors or outdoors. Some jurisdictions have allowed cannabis lounges outdoors to reduce potential health effects on employees from secondhand smoke. If allowed outdoors odor control and ventilation system must be installed to prevent odors from being detected from adjacent properties and the public right-of-way. Although staff is unaware that any of the four retailers in the city would want to have an outdoor lounge, staff would recommend this option be provided in addition to allowing indoors to provide additional opportunities for lounge spaces.
On-Site Food
The State law currently does not allow “non-cannabis products” from being sold or consumed in a lounge area; however, there has been legislation introduced to amend the restriction of providing food service within the lounge. As discussed below, staff believes food and nonalcoholic beverages should be provided to reduce dehydration and prevent medical emergencies.
Many jurisdictions have circumvented the current law by allowing food to be delivered by food delivery services such as Uber Eats or even having an “off-site” restaurant that is adjacent to the lounge and “hand-delivers” food on a separate bill. Staff recommends that the Council adopt an ordinance that would allow food and non-alcoholic drink consumption to occur in the lounge to the extent allowed by current State law, which would also provide flexibility if and when the State adopts legislation that provides more flexibility to provide food and non-alcoholic beverages.
Public Safety Concerns
The biggest public safety concern with cannabis lounges is the prevention of impaired driving which is also a concern with regards to establishments that serve alcohol. Cannabis consumption, as with alcohol consumption, affects a person’s decision making, cognitive thinking and driving abilities. If Council provides direction for an ordinance revision to allow cannabis lounges, the Police Department will work with the cannabis lounge operators as it does with alcohol establishments to reduce the potential of impaired driving. The Police Department will help ensure the cannabis lounge operators and their employees are trained to recognize impairment in customers. There will be training and enforcement of regulations that prevent the over-serving of cannabis to consumers. Staff has met with and discussed this concern with the cannabis retailers who are interested in operating lounges. The discussions have included how the industry could utilize ride sharing programs, designated driver programs and possibly a shared shuttle bus program for customers of both cannabis and alcohol establishments.
Additional safety concerns such as exposure periods to smoke and vapors for employees, customers and visitors can be mediated through proper ventilation systems and work environment policies that would be required in a revised ordinance and in accordance with state regulations.
Cannabis lounges, by proxy, are retail establishments and will be required to follow the existing state and local regulations for such businesses. Both Community Development and the Police Department will work with lounge operators as they do with all cannabis businesses to help design a safe environment that will be responsibly operated by the business.
FISCAL IMPACT
There is no fiscal impact to adopt an ordinance amendment to allow cannabis lounges. Once operational, cannabis lounges could generate an increase in tax revenue from cannabis businesses.
Staff Report: Cannabis Lounges Policy Direction Page 6
January 10, 2022
ALTERNATIVES
The Council has the following alternatives to consider:
1. Provide policy direction to staff on allowing and regulating existing commercial cannabis retailers to operate cannabis lounges for onsite consumption of cannabis products; or
2. Provide alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Agenda Item No. 12
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 10, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk/Executive Assistant SUBJECT: 2022 City Council Assignments to Boards, Commissions and Committees
RECOMMENDATION
Adopt the Resolution confirming certain Council assignments and authorize the City Clerk to update FPPC Form 806 for posting on the City’s website.
BACKGROUND
The Council annually reviews the list of assignments to determine interest in serving as the City's representative to various external boards, commissions, and committees throughout the county.
The Council’s practice has been to determine assignments (representatives and alternates) through a process of discussion and consensus. A draft Resolution is provided to confirm City Council appointments as shown in Attachment 1. Once appointments have been approved by the Council, the names of Council representatives will be submitted to the respective agencies. In addition to these assignments, the Council can create additional assignments to external groups or Council subcommittees on an ad-hoc basis.
One exception to the Council Committee appointment process is regarding the South SLO County Sanitation District. The Memorandum of Understanding between the City and the South SLO County Sanitation District indicates that “The District Board will be composed of the Presiding Officer of the City of Arroyo Grande, the Presiding Officer of the Oceano Community Services District, and the Presiding Officer of the City of Grover Beach, or their respective alternates.” Pursuant to regulations of the Fair Political Practices Commission (FPPC), members of the City Council may participate in the deliberations to appoint him or herself to a compensated position.
Those compensated positions are reported on a specific form available in the City Clerk’s Office and posted to the City website. The form (FPPC Form 806) is updated when there is a change in compensation or representation.
FISCAL IMPACT
There is no anticipated fiscal impact to the City from the recommended action.
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Adopt the Resolution confirming appointments.
Staff Report: 2022 City Council Assignments Page 2
January 10, 2022
2. Take no action and carry this item over for discussion to a future meeting.
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Resolution confirming certain City Council committee assignments Exhibit A - Assignment Template
Exhibit B – Description of External Boards, Committees, and Commissions (with updated meeting information)
2. FPPC Form 806, (currently posted on City website and scheduled to be revised subsequent to Council action on January 10, 2022).
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, REVISING CITY COUNCIL COMMITTEE ASSIGNMENTS FOR CALENDAR YEAR 2022
WHEREAS, the City Council is involved in various committees, boards, and organizations that serve the City and provide representation of the City’s interests; and WHEREAS, the City Council considers committee assignments on an annual basis to ensure adequate representation of the City’s elected officials throughout the County; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grover Beach that this Resolution does hereby supersede all prior Resolutions dealing with these Council appointments to various standing committees, boards, and organizations; and that the City representatives from this date forward are designated in the attached Exhibit A in accordance with the description of the assignments as described in Exhibit B.
On motion by Council Member __________, seconded by Council Member ________, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 10th day of January 2022.
JEFF LEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Attachment 1
**DRAFT**
Resolution No. 22-__ Exhibit A
COUNCIL APPOINTMENTS FOR 2022
ASSIGNMENT 2022 REPRESENTATIVE ALTERNATE
Advisory Body Screening Committee 1 See below N/A
Air Pollution Control District (APCD)
Five Cities Fire Joint Powers Authority
Homeless Services Oversight Council (HSOC)
Integrated Waste Management Authority (IWMA)
REACH SLO Advisory Commission
SLO County Water Resources Advisory Committee (WRAC)
SLO Council of Governments / SLO Regional Transit Authority (SLOCOG / SLORTA)
South County Transit Committee
South County Chambers of Commerce
South SLO County Sanitation District (SSLOCSD)
Visit SLO CAL Advisory Committee
Zone Three Advisory Committee
Note: The City updates and posts FPPC Form 806 to the City website to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district, and joint powers agency or authority.(Pursuant to Regulation 18705.5, amended March 2012)
1Per City Council action on October 16, 2000, Council representation will be the Mayor and one Council Member selected by random drawing.
CITY OF GROVER BEACH
DESCRIPTION OF EXTERNAL BOARDS, COMMISSIONS, AND COMMITTEES Annually, the City Council makes appointments of City Council members to various external boards, commissions, and committees to ensure adequate representation of elected officials throughout the county. Below is further information about each external body along with assignment requirements and past representatives:
1. Advisory Body Screening Committee
Requirement: Mayor and 1 Council Member (who is selected by random drawing pursuant to Council direction on October 16, 2000.)
This committee serves as an interview board for interviewing prospective candidates for one of the City’s three (3) Advisory Bodies. The committee is comprised of the Mayor, one Council Member, and the Chairperson of the respective Advisory Body.
Meetings: Scheduled only when there are vacancies on an Advisory Body and applicants to be considered for appointment(s).
Estimated time commitment for City representative: Minimal. Primarily agenda review, attending meetings as scheduled to interview applicants, and making recommendation(s) to the City Council.
Stipend: None.
2. Air Pollution Control District (APCD)
Requirement: 1 Council Member and 1 Alternate
This is the County-wide legislative authority which deals with clean air maintenance and attainments. The District Board consists of twelve members: five (5) County Supervisors and one (1) City Council representative from each of the seven (7) incorporated cities. City representation was authorized in 1994. As of January 1, 2010, alternates may also be appointed (Health and Safety Code section 40100.5).
Meetings: The fourth Wednesday of every odd-numbered month at 9 a.m. (with some exceptions) in the County Board of Supervisors Chambers, 1055 Monterey Avenue, San Luis Obispo.
Estimated time commitment for City representative: Agenda review of technical materials / information and attending regular meetings (approx. 3 hours) and special meetings / workshops as needed. May require attendance at out of area meetings, if appointed as the APCD Representative or Alternate to the South-Central Coast Air Basin Control Council.
Stipend: $100 per regular meeting attendance (as of July 2009; no additional stipend for attending special meetings or workshops).
2021 Representatives: Karen Bright, Anna Miller (Alternate) Exhibit B
Description of External Boards, Commissions & Committees Page 2
3. Five Cities Fire Joint Powers Authority
(Cities of Grover Beach and Arroyo Grande and the Oceano Community Services District) Requirement: 1 City Council Member and 1 Alternate
The Five Cities Fire Authority provides fire protection services through a joint powers agreement with the Cities of Grover Beach and Arroyo Grande and the Oceano Community Services District.
The Authority Board consists of an elected official from each member agency. The Fire Chief serves as the Executive Officer of the Authority.
Meetings: The third Friday of every month at 10:00 a.m. at Grover Beach City Hall, Council Chamber, with special meetings scheduled as needed.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approximately 1.5 hours per month) and special meetings, as needed.
Stipend: None
2021 Representatives: Jeff Lee, Karen Bright (Alternate)
4. Homeless Services Oversight Council (HSOC)
Requirement: 1 City Council Member and 1 Alternate
In 2008, a countywide coalition of cities, agencies, and civic groups formed to improve the County’s approach to homelessness. The result was a report entitled A Path to A Home, San Luis Obispo Countywide 10-Year Plan to End Homelessness. The HSOC is an advisory committee that discusses the countywide approach to homelessness and services for the homeless, including both housing and supportive services. Membership is comprised of a broad spectrum of representatives, including the County Board of Supervisors, each City, certain County government departments (health, planning, social services, veteran services, and probation), law enforcement, business organizations, academic institution, faith community, as well as interested community members.
Meetings: Scheduled bi-monthly (six times per year), at a time and date determined by its members and may be changed by a majority vote of the HSOC at any regular meeting. Location varies in San Luis Obispo (County Government Center, San Luis Obispo Veterans’ Memorial Building or the Department of Social Services). The Full HSOC Meetings are held from 1:00 - 3:00 p.m. on the 3rd Wednesdays of every other month, with additional meetings for subcommittees.
Estimated time commitment for City representative: Primarily agenda review and attending meetings (approx. 2 hrs), as well as special meetings/workshops or events as needed.
Stipend: None.
2021 Representatives: Anna Miller, Jeff Lee (Alternate) Description of External Boards, Commissions & Committees Page 3
5. Integrated Waste Management Authority (IWMA)
Requirement: 1 City Council Member and 1 Alternate
Responsibility includes preparing an integrated waste management plan implementing state mandated legislation (AB 939). The plan will include elements for recycling, composting, education, and various other waste management areas. The role of the authority member is to guide the reduction of the County’s waste stream.
Meetings: Held at 1:30 p.m. on the second Wednesday of each month at the San Luis Obispo County Board of Supervisors Chambers, 1055 Monterey Street, San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approximately 2 hours).
Stipend: $100 per meeting.
2021 Representatives: Karen Bright, Robert Robert (Alternate)
6. REACH SLO County Advisory Commission
Requirement: 1 Council Member and 1 Alternate
This is a San Luis Obispo County Advisory Commission that brings together a cross-section of business, government, education and nonprofit leaders to keep a finger on the pulse of the issues, projects, and opportunities specifically in SLO County. Meeting four times a year, Commission members will hear from a variety of dynamic speakers, engage with a network of peers, make recommendations to the REACH Council on job creation initiatives and participate in the advocacy of the REACH mission.
Meetings: Scheduled on the fourth Wednesday in each quarter starting in February (February, May, August and November) from 4:00 p.m. to 5:30 p.m.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approximately 1.5 hours).
Stipend: None.
2021 Representatives: Daniel Rushing, Robert Robert (Alternate)
7. San Luis Obispo County Water Resources Advisory Committee (WRAC) Requirement: 1 Council Member (*recommended) and 1 Alternate This organization is involved with water supplies and availability of water on a county-wide basis.
The purpose is to advise the County Board of Supervisors concerning all policy decisions relating to water resources of the SLO County Flood Control & Water Conservation District, to recommend specific water resource programs, and to recommend methods of financing water resource programs. (*Appointed representatives are not required to be elected officials, but should be individuals knowledgeable regarding water issues. According to WRAC staff, cities may appoint a Council Member as the lead representative who would be available when policy issues are Description of External Boards, Commissions & Committees Page 4 discussed, with a staff member as the alternate for attending most of the meetings.) Note: Council appointed representatives require approval by the Board of Supervisors.
Meetings: First Wednesday of each month (except July and August), 1:30 p.m. - 3:30 p.m., San Luis Obispo City/County Library Community Room, 995 Palm Street, San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approx. 2.5 - 3 hrs), and special meetings/workshops as needed. Additional time required if volunteering to serve on ad hoc subcommittee assignments approximately six times/year (eg., reviewing biennial water report for County). Ad hoc committee meetings are scheduled as needed.
Stipend: None.
2021 Representatives: Robert Robert, Staff (Alternate)
8. San Luis Obispo Council of Governments / San Luis Obispo Regional Transit Authority (SLOCOG / SLO RTA)
Requirement: 1 Council Member and 1 Alternate
SLOCOG is a regional governing body organized through a joint powers agreement that has responsibility for regional transportation planning primarily.
Meetings: First Wednesday of every month (more frequently, if needed) and start at 8:30 a.m. at the County Board of Supervisors Chambers in San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approximately 4-5 hrs for SLOCOG), and special meetings/workshops as needed.
Stipend: $100 per meeting.
SLO RTA is operated through a joint powers agreement with SLOCOG to oversee the Countywide rapid transit system. The representative is usually the same representative as the SLOCOG representative as SLORTA meetings start either before or after SLOCOG and has the same Board.
Meetings: First Wednesday of every month either before or after the SLOCOG meeting.
Location: County Board of Supervisors Chambers in San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approximately 1.5 - 2 hours for SLORTA), and special meetings/workshops as needed.
Stipend: None.
2021 Representatives: Karen Bright, Jeff Lee (Alternate) Description of External Boards, Commissions & Committees Page 5
9. South County Transit Committee (SCTC)
Requirement: 1 Council Member and 1 Alternate
This Joint Powers Authority is responsible for providing a regional rapid transit system for the Five Cities Area and a connector for the county-wide rapid transit system.
Meeting: Held quarterly on the 3rd Wednesday of the month at 1:30 p.m. at the South County Chambers of Commerce
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approx. 1 – 1.5 hours) and special meetings as needed.
Stipend: None.
2021 Representatives: Karen Bright, Jeff Lee (Alternate)
10. South County Chambers of Commerce
Requirement: None.
The Council annually designates a City Council representative to attend Chamber events and meetings of the Chamber’s Grover Beach Steering Committee and Government Affairs Committee. The City Manager, or designee, is the staff liaison and program manager for operational agreements and work efforts between the City and the Chamber.
Meetings: The Chamber holds monthly events for the entire membership - lunches, educational workshops, mixers, special events, ribbon cuttings, etc.
Estimated time commitment for City representative: Attending Chamber events, as scheduled and Government Affairs meeting (approx. 1-3 hours).
Stipend: None.
2021 Representatives: Daniel Rushing, Anna Miller (Alternate)
11. South San Luis Obispo County Sanitation District (SSLOCSD) Requirement: Mayor or Mayor’s Designee and 1 Alternate
The City contracts with the Sanitation District for wastewater collection and treatment. The District is governed by a Board of Directors composed of the presiding officer from the Cities of Grover Beach and Arroyo Grande and the Oceano Community Services District, or their respective alternates (per Memorandum of Understanding between the City and the Sanitation District, as well as Health and Safety Code sections 4730-4735)
Meetings: The first and third Wednesdays of each month at 6:00 p.m. (Location rotates between member agencies - Arroyo Grande and Grover Beach Council Chambers, and the Board Chamber for the Oceano Community Services District.)
Estimated time for City representative: Primarily agenda review and attendance at regular meetings (average 2-4 hours) with special meetings/workshops, as needed.
Description of External Boards, Commissions & Committees Page 6 Stipend: $100 per meeting (2 meetings held/month)
2021 Representatives: Jeff Lee, Karen Bright (Alternate)
12. Visit SLO CAL - Advisory Committee
Requirement: 1 City Council Member and 1 Alternate (non-voting capacity) Visit SLO County promotes countywide tourism opportunities and complements the efforts of local communities and organizations. It is a private, non-profit organization with membership comprised of local businesses, chambers of commerce, County government, and most incorporated cities in the County.
With the formation of the Tourism Marketing District in 2015 and district renewal in 2020, voting members of the Board of Directors must be a representative of an assessed lodging business, except for the County representative. During formation of the Tourism Marketing District, an Advisory Committee was established. The Advisory Committee is made up of one elected official and the city manager from each jurisdiction, and a representative of the County.
Meetings: Twice annually (May and December).
Estimated time commitment for City representative: Consists primarily of agenda review and attending meetings and workshops, as needed. (approximately 1.5 - 2 hours).
Stipend: None
2021 Representatives: Daniel Rushing, Anna Miller (Alternate)
13. Zone Three Advisory Committee
Requirement: 1 Council Member and 1 Alternate
This is a County-organized committee to handle the operation of Lopez Lake for both recreation and water facilities. The Advisory Committee works closely with the Zone 3 Technical Advisory Committee. Council-appointed representatives require final approval by the Board of Supervisors.
Meetings: Scheduled on the third Thursday of every odd numbered month (Jan, Mar, May, etc.) at 6:30 p.m., and held in the Council or Board Chamber of the local member agencies on a rotating basis - Grover Beach, Arroyo Grande, Oceano, and Pismo Beach.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approx. 2 hours) and special meetings/workshops as needed. May occasionally require additional time to meet with City staff, depending upon the complexity of the agenda item(s).
Stipend: None.
2021 Representatives: Anna Miller, Daniel Rushing (Alternate) Agency Report of:
Public Official Appointments
1. Agency Name
City of Grover Beach
Division, Department, or Region (lfApplicable)
Designated Agency Contact (Name,Title)
Wendi B. Sims
Area Code/Phone Number E-mail
(805) 473-45(37 [email protected]
2. Appointments
A Public Document
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Attachment 2
Agency Report of:
Public Official Appointments
Continuation Sheet
City of Grover Beach
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