AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, MARCH 28, 2022, 6:00 PM
Next Resolution No .22-10
Next Ordinance No. 22-03
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
CALL TO ORDER
CALL TO ORDER
MOMENT OF SILENCE
FLAG SALUTE
ROLL CALL Council Members Anna Miller, Robert Robert, Daniel Rushing, Mayor Pro Tem Karen Bright, and Mayor Jeff Lee
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
1. Proclamation for Month of the Child
PRESENTATIONS
None
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item. Written comments will be read out loud during the City Council meeting on the appropriate agenda item subject to the customary 3-minute time limit.
Amended to remove the League of California Cities Item
Agenda: Grover Beach City Council Meeting Page 2
Monday, March 28, 2022
PUBLIC COMMUNICATIONS
During this time, the Council will allow up to 15 minutes for Public Communication with additional communication, if necessary, allowed after the Regular Business Items. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.
2. Treasurer’s Report for the Period February 1, through February 28, 2022. (Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
3. Treasurer’s Report for the 2017 Streets Bond Account - $15,000,000 (Measure K14:
Grover Beach Street Rehabilitation; Safety Improvement Bond Measure) for the Period February 1, through February 28, 2022.
(Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
4. Minutes of the City Council Meeting on Monday, March 14, 2022. (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
5. First Reading and Introduction of an Ordinance to Repeal and Replace Chapters 1, 2, and 4 of Article I, Repeal Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisances) of Article III (Public Welfare, Morals, and Conduct) and Sections 1309 through 1325 of Chapter 3 (Rules of Construction) of Article I, and Amend Section 1500 of Chapter 5 (Abatement of Nuisances) of Article I of the Grover Beach Municipal Code – City Attorney Hale and Community Development Director Buckingham
(Recommended Action: 1) Conduct first reading, by title only, and introduce an Ordinance to repeal and replace Chapters 1, 2, and 4 of Article I, repeal sections 3102.5 and 3103 of Chapter 1 of Article III, and Sections 1309 through 1325 of Chapter 3 of Article I and amend Section 1500 of Chapter 5 of Article I of the Grover Beach Municipal Code; and 2) Schedule second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting.)
ROLL CALL VOTE
6. Agreement with Hinderliter, de Llamas and Associates (HdL) for Cannabis Consultant Services – Police Chief Peters
(Recommended Action: Adopt the Resolution authorizing the City Manager to enter a one-year agreement with Hinderliter, de Llamas and Associates (HdL) for Cannabis Consultant Services.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, March 28, 2022
7. 2021 Annual Report of the Status and Progress in Implementation of the General Plan – Community Development Director Buckingham and Associate Planner Reese (Recommended Action: Receive and file the General Plan Annual Progress Report and direct staff to submit it to the State in accordance with statutory requirements.)
ROLL CALL VOTE
8. COVID-19 Response Update – City Manager Bronson
(Recommended Action: Receive an update on the countywide and City response to the COVID-19 pandemic.)
VOICE VOTE
PUBLIC HEARING
9. Second Reading and Adoption of an Ordinance to Add a New Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to Define Boundaries for District-Based City Council Elections – Deputy City Manager Eriksson (Recommended Action: Conduct a public hearing and second reading to adopt an Ordinance to add Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to define boundaries for district-based City Council elections.)
ROLL CALL VOTE
REGULAR BUSINESS
10. License Agreement with Radiate Holdco, LLC for Use of Communications Conduit for Citywide Fiber Optic Broadband Expansion – Deputy City Manager Eriksson and City Attorney Hale
(Recommended Action: Approve an agreement with Radiate Holdco, LLC on behalf of itself and its affiliates and Astound Business Solutions, LLC and Digital West Networks, Inc., for an initial ten-year term for the City to provide a non-exclusive license to use shared conduit in common with the City and an exclusive license for Astound single-user conduit for citywide fiber optic broadband in exchange for payment of annual license fees to the City.)
ROLL CALL VOTE
11. FY 2023-27 Capital Improvement Program Overview and Direction – Public Works Director/City Engineer Ray and CIP Manager Wiggin
(Recommended Action: Receive information on the draft Fiscal Year 2023-27 Capital Improvement Program (CIP) and provide direction to staff to finalize the CIP in conjunction with the FY 2022-23 budget.)
ROLL CALL VOTE
PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.
Five Cities Fire Joint Powers Authority Jeff Lee (Alt: Daniel Rushing) South SLO County Sanitation District (SSLOCSD) Jeff Lee (Alt: Karen Bright) Agenda: Grover Beach City Council Meeting Page 4
Monday, March 28, 2022
Air Pollution Control District (APCD) Karen Bright (Alt: Anna Miller) SLO Council of Governments / SLO Regional Transit Authority Karen Bright (Alt: Anna Miller) (SLOCOG / SLORTA)
South County Transit Committee Karen Bright (Alt: Anna Miller) Homeless Services Oversight Council (HSOC) Anna Miller (Alt: Jeff Lee) REACH SLO Advisory Commission Anna Miller (Alt: Robert Robert) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Karen Bright) SLO County Water Resources Advisory Committee (WRAC) Robert Robert (Alt: Staff) South County Chambers of Commerce Daniel Rushing (Alt: Karen Bright) Visit SLO CAL Advisory Committee Daniel Rushing (Alt: Anna Miller) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright)
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.
CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS
CLOSED SESSION
It is the intention of the City Council to meet in Closed Session concerning the following item:
A. Public Employee Performance Evaluation - Consistent with Government Code Section 54957 (b)(1) Title: (City Manager)
ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Agenda: Grover Beach City Council Meeting Page 5
Monday, March 28, 2022
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 Addressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 Addressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
”APRIL IS MONTH OF THE CHILD”
AND
“CHILD ABUSE PREVENTION MONTH”
WHEREAS, the Grover Beach City Council recognizes that every moment in a child's life is an opportunity for that child to learn, that the quality of these experiences may determine whether a child succeeds in school and in life, and that all children need caring and loving adults in their lives; and
WHEREAS, April - Month of the Child and Child Abuse Prevention Month - marks a time to recognize that our community’s children are precious assets, that the quality of their early years is our collective responsibility, and that we commit ourselves to ensuring that each and every child has access to a high quality early environment – at home, at child care, at school and in the community – that will promote their optimal growth and development; and WHEREAS, in solidarity of the We Are The Care Initiative, we as a community of partners and leaders, envision a San Luis Obispo County where all families can find and afford quality care for their children, and where child care professionals are valued for their critical role in building a solid foundation for children and families to thrive in the world; and WHEREAS, Saturday, April 2, 2022, will commemorate “Day of the Child” at the Annual Children’s Day in the Plaza celebration from 10:00 am to 3:00 pm in the San Luis Obispo Mission Plaza, this year’s celebration where children and families will have the opportunity to discover creativity, individuality, diversity and the arts while exploring community resources; and WHEREAS, Friday, April 22, 2022 our County will participate in the statewide raising of the Children’s Memorial Flag to honor and raise awareness about the many children in our midst who suffer daily from abuse and neglect, and pledge our support for strategies that strengthen families and protect our young ones; and
WHEREAS, April is National Child Abuse Prevention Month, raising awareness and recognizing that each of us has a role to play in ensuring the safety of our children, as we pledge our support for strategies that strengthen families and protect our young ones; by promoting our “Normalizing Parenting” campaign and introduce Children’s Memorial Day on Friday April 22, 2022 at 10:00 am with our Child Abuse Prevention Council colleagues throughout California.
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council is proclaiming April 2022 as the "Month of the Child,” “Child Abuse Prevention Month”.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 28th day of March, 2022.
Jeff Lee, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 1
**DRAFT**
CITY OF GROVER BEACH
Treasurer's Report for March 28, 2022 City Council Meeting February 1, 2022 to February 28, 2022
RESOURCES DESCRIPTION
Balance from January 31, 2022
Deposits
Voided Checks
Check Number
69676
69655
69847
Date
1/13/2022
1/13/2022
2/1 0/2022
$ 2,919,374.40
1,335,319.58
13,612.00
206.63
350.00
Total Resources
EXPENSES
DESCRIPTION
WR
WR
PR Direct Deposit
WR
WR
PR Direct Deposit
PERIOD ENDING CK DATE CHECK NUMBER
02/03/22 69770-69814
2/10/22 69815-69871
2/6/22 2/11/22 5358759-5358826
02/17/22 69872-69901
02/24/22 69902-69934
02/20/22 02/25/22 5358827-5358890
$ 4,268,862.61
AMOUNT
437,830.4"l
I ,281 ,523.52
148,797.97
202,235.29
313,111.47
149,580.97
Electronic Transfers
Returned Checks, Stop Pmts, Chargeback Credit Card and ACH Returned to the City Credit Card Payments Service Charge
Bank Fees
Total Expenditures
Cash Balance as of February 28, 2022
445,869.77
206.70
1 ,270.65
400.61
2,980,827.36
1,288,035.25
Local Agency Investment Fund (L.A.I.F.) Balance: February 28, 2022 $ 16,877,371.83 Finance Manager
Agenda Item No. 2
ACCOUNTS PAYABLE
I
I
CHECK DATE 02/04/~022
r-- --------------------- -- ------------- ----- --- -------- Check Name Check Amount Check Date Invoice Desc
AFLAC INC. ATTN: REMITTANCE
69770 PROCESSING SERVICES 397.94 02/03/2022 Jan 2022 AFLAC premiums 69771 ALTA Language Services, Inc. 66.00 02/03/2022 Alta Inv IS573464 Language Writing Test 1-31-2022 69772 Apodaca, Kathy 459.50 02/03/2022 Refund security deposit #2464 Ramona 1/14/22 69773 ASHLIE TAM 221.13 02/03/2022 UB Refund due to ovrpmt on closing acco'unt #21087 69774 AT&T 1,948.49 02/03/2022 City Hall Telephones 12/25/21- 1/24/22 69775 AT&T 590.53 02/03/2022 City Hall & PD Fax & Modem 12/22/21 - 1/21/22 2454 refund security deposit less bounce house fee of $36 1/22/22 16th St 69776 Bays, Kayla 44.00 02/03/2022 park
CITY OF ARROYO GRANDE
69777 RECREATION SERVICES DEPT 3,022.32 02/03/2022 Activity Guide printing and postage Spring 2022 CLIFFORD H. CLARK ATTORNEY AT
69778 LAW 705.00 02/03/2022 Rent @ 255 N 10th St - Feb 2022 69779 DE LAGE LANDEN 108.74 02/03/2022 Canon/Image formula
DEPT OF JUSTICE ACCOUNTING
69780 OFFICE/CASHIERING UNIT 571.00 02/03/2022 Livescan- January 69781 FARM SUPPLY COMPANY 575.46 02/03/2022 Overalls & Supplies - PW Crew 69782 FERGUSON ENTERPRISES INC. #1350 392.86 02/03/2022 Ball Corp 69783 GUSTAVO RANGEL JR. 80.00 02/03/2022 2474 refund security deposit 16th St Park 1/27/22 Gopher Treatments for the month of January 2022. Mentone Park, 16th St 69784 Hacienda Gardening 455.00 02/03/2022 Park, 4th St Entrance Hale, David P - Law Offices of David
69785 P. Hale 12,506.00 02/03/2022 Jan 2022 Attorney Fees
IIMC INTERNATIONAL INSTITUTE OF
69786 MUNICIPAL CLERKS 140.00 02/03/2022 IIMC DeputyClerkAnnualMembershipdues 1-31-2022
INTERNATIONAL CODE COUNCIL
69787 INC. ATTN: MEMBERSHIP 145.00 02/03/2022 Governmental Member Dues 69788 J.B. DEWAR INC. 4,395.76 02/03/2022 Gas 1/31
69789 JAY SWIFT 500.00 02/03/2022 Medical reimbursement per retiree contract Feb 2022 69790 JEFFREY W FOX 161.17 02/03/2022 UB Refund on ovrpmt on closing acct# 17712 69791 Jessinda Weaver 139.18 02/03/2022 UB Refund due to ovrpmt on closing account #10829 69792 JJ Fisher Construction, Inc 171,128.25 02/03/2022 CDBG Waterline Replacement Project CIP 4267-2. Period to 12/31/21 69793 LEE WILSON ELECTRIC CO. INC 1,173.98 02/03/2022 Traffic Signal Maintenance 2022 - December 2021 8 Intersections 69794 LEONARDO N PUCCI 77.22 02/03/2022 UB Refund due to ovrpmt on closing bill 10829 69795 LIEBERT CASSIDY WHITMORE 823.50 02/03/2022 Professional services rendered through Dec 31, 2021 69796 LT Roofing 365.00 02/03/2022 Roof Repairs over meeting room- next to PD 69797 MARVIN S UEKI 120.04 02/03/2022 UB Refund on ovrpmt on closing acct# 19162 69798 MELANIE SALISBURG 108.00 02/03/2022 UB Refund on ovrpmt on closing acct# 19757 69799 MICHAEL A FLAVIN 426.44 02/03/2022 UB Refund on ovrpmt on closing acct# 6757 69800 MINERS HARDWARE 1,373.28 02/03/2022 Volunteer effort to paint Mentone Basin Park fence CM for Measure K-14 Street Repair & Rehab CIP 2295-11. Services for the 69801 MNS Engineers, Inc. 23,354.50 02/03/2022 period December 1, 2021 to December 31, 2021 69802 Peak WiFi.com 1,685.00 02/03/2022 Cannabis wall video 69803 PROCARE JANITORIAL SUPPLY 764.78 02/03/2022 Supplies - City Hall Project C19432-000 GB K-14 Street Rehab 2295-13. Professional services from 69804 RICK ENGINEERING COMPANY 56,499.46 02/03/2022 November 27, 2021 to December 31, 2021 69805 ROBERT C MCLELLAN 126.10 02/03/2022 UB Refund due to ovrpmt on closing account #12242 Safety NETWORK TRAFFIC SIGNS,
69806 INC 8,308.54 02/03/2022 Oak Park & West Grand
69807 Siteone Landscape Supply, LLC 370.58 02/03/2022 Water Tank Supplies 69808 Sosa, Robert 80.00 02/03/2022 Refund #2470 16th St Park 1/16/22 security deposit.
SOUTH SAN LUIS OBISPO CO.
69809 SANITATION DISTRICT 125,198.25 02/03/2022 Sanitation District Fee - Pass Thru - Dec 2021 69810 SpeakWrite Billing Department 259.01 02/03/2022 transcription services 69811 Sweeton, Christopher 500.00 02/03/2022 Reimbursement for COBRA - Feb 2022 69812 Union Pacific Railroad 5,064.79 02/03/2022 UnionPacificRailRoad Lease-Rent lnv317296129 2022 69813 UNITED STAFFING ASSOCIATES, LLC 1,630.83 02/03/2022 Temporary Employment for Admin Svs W/E 1/23/22 Project 0636-0022-00 CIP 2284 Oak Park Blvd. Services rendered through 69814 WALLACE GROUP 10,767.78 02/03/2022 December 31, 2021 Total $437,830.41
~,
ACCOUNTS PAYABLE
CHECK DATE 02/10/2022
I
•' }··. I
ChedtAmciunt · . ~Che!=k Date
I :
Name lnyoiceDesc
ABALONE COAST ANALYTICAL INC 3,144.00 02/10/2022 Coliform P/A, ELAP Fee i 69816 AGP Video 1,250.00 02/10/2022 AGP Video Inv 8692 2-3~2022 Citywide Sidewalk Infill lrriprovements - CIP 2274. Services 69817 AKA Engineering Company 13,366.00 02/10/2022 rendered and costs incurred through January 31, 2022 69818 Alexander's Contract Services 2,496.12 02/10/2022 North Meter Reads - February - 2056 meters 69819 ARROYO GRANDE CHEVROLET 1,006.29 02/10/2022 Tire Repairs SUTA-Service-CA-SUTA Service for Tax Qtr Ending
69820 Avenu Insights & Analytics 23.97 02/10/2022 9/30/2021 69821 Boone Printing & Graphics 295.66 02/10/2022 Letterhead
BURKE AND PACE OF ARROYO GRANDE
69822 INC 143.70 02/10/2022 New Wayfinding Sign -13th
CALIFORNIA DEPARTMENT OF Inmate Pay, Guarding, Mileage, Admin Charges, Inmate 69823 CORRECTIONS AND REHABILIT 9,487.60 02/10/2022 Welfare 11/21 Project 211107 Street & ~oadway Design Measure K-14
69824 CANNON ASSOCIATES 27,692.00 02/10/2022 CIP 2295-14 69825 CARR'S BOOT & WESTERN WEAR 250.00 02/10/2022 Safety Boots for PW Emplpyee 69826 CHARTER COMMUNICATIONS 715.63 02/10/2022 City Facilities - Internet Charges 1/16/22-2/15/22 69827 CITY OF GROVER BEACH WATER DEPT. 8,655.52 02/10/2022 City Water Accounts - South Side - 11/1/21 - 1/6/22 69828 COASTLAND COAST LANDSCAPE 5,100.00 02/10/2022 February Grounds Maintenance 69829 COLD CANYON LANDFILL INC. 278.00 02/10/2022 Waste Disposal - Bikes for PD
COUNTY OF SAN LUIS OBISPO
69830 ENVIRONMENTAL HEALTH SER 1,001.50 02/10/2022 Chargeable Report Writing/ Correspondence 69831 CSC of Santa Maria 514.16 02/10/2022 Parts for Pumps 69832 Davis DC A Prof Corp, J Michael 129.00 02/10/2022 Refund for 2022 BTC paid twice 69833 DE LAGE LANDEN 227.29 02/10/2022 Lease payment for Sharp MX-5071 Copier 69834 DE LAGE LANDEN 67.43 02/10/2022 MX-C304W lease
69835 DE LAGE LANDEN 312.11 02/10/2022 MX-5071 lease
DEPARTMENT OF TRANSPORTATION ATTN:
69836 CASHIERING OFFI 244.79 02/10/2022 Signals & Lighting October 2021 through December 2021 69837 DJ'S PLUMBING INC 150.00 02/10/2022 Mentone Basin - cleared stoppage @ women's toilet
EMPLOYMENT DEVELOPMENT
69838 DEPARTMENT 1,350.00 02/10/2022 Employment Tax Period Ending 12/31/2021 69839 FARM SUPPLY COMPANY 168.06 02/10/2022 Spray for Parks - Round up & Monterey 69840 Fastenal Company 411.97 02/10/2022 Circular Saw
69841 FENCE FACTORY 283.53 02/10/2022 Mentone Fence Panel Jan-Mar 2022-City's shar~ of FCF costs per approved
69842 FIVE CITIES FIRE AUTHORITY 503,778.75 02/10/2022 budget :
State of California Franchise Tax Board Garnishment for 69843 FRANCHISE TAX BOARD 75.00 02/10/2022 employee
69844 G.T. COX ELECTRIC 273.00 02/10/2022 Fire House Smoke Alarms Job #2961 69845 GARING TAYLOR & ASSOCIATES INC. 108.00 02/10/2022 Zone 3 TAC Research Grover Beach Police Officers Association Dues for
69846 GROVER BEACH POLICE OFFICERS ASSOC. 1,210.00 02/10/2022 paycheck date 2-11-22 69847 Howard, Elizabeth 350.00 02/10/2022 Refund for 2022 BTC paid twice 69848 League of California Cities 6,355.00 02/10/2022 LeageofCACites Inv 641167 2022Membership 2-1-2022 '
69849 Mccurley, Megan 80.00 02/10/2022 2465 Refund security deposit from 16th St on 1/15/22 69850 Michael K. Nunley & Associates, Inc. 26,988.55 02/10/2022 Asset Management. Billing through Jan 29, 2022 69851 Munoz, Annette 210.50 02/10/2022 Meals for CSFMO Conference 2/15/22 - 2/18/22 69852 New Times 106.00 02/10/2022 New Times Inv 3359387 2-3-2022 69853 NOWDOCS 498.38 02/10/2022 Blue Check Stock for Payroll & Accounts Payable PW City of GB CIP 4004 2021 Water Main Project. Services I 69854 Omni-Means C/O GHD, Inc. 2,645.00 02/10/2022 rendered through 1/31/2022 69855 Otto Electrical 150.00 02/10/2022 PD Generator Connections Cabinet ;._:,> .t.:'.~~~:T,:t. . :/ ;,,,,}-~~~:1> ;:,,,, :'.:, ',•:_ •·· :Chec*'AmoLiri~
·,d;:i),.: .... lriyojce Desc:
69856 PORTABLE JOHNS INC. 108.12 Single Unit Rental - Nov ~1 2021 to Dec 18, 2021 Meals and mileage for CSFMO Conference 2/15/22 - I
69857 Purcell, Deanne 602.45 02/10/2022 2/18/22 !
Progress Billing #3. City o:f GB Major Street Maintenance 69858 S CHAVES CONSTRUCTION 361,307.29 02/10/2022 Oak Park Blvd ! 69859 SANDY MERSHON 93.81 02/10/2022 Reimburse Sandy for Tiny Tots purchases 69860 South County Chambers of Commerce 9,000.00 02/10/2022 SCCC GBBuyLocalProgra~-GiftCards Inv 12852 2-2022 Project 21001p GB Street Rehab & Repair. Period ending ! 69861 SOUZA CONSTRUCTION INC. 280,436.72 02/10/2022 7/31/2021 69862 STATE DISBURSEMENT UNIT 154.50 02/10/2022 Child Support Garnishment for employee 69863 STATE DISBURSEMENT UNIT 250.00 02/10/2022 Child Support Garnishment for employee 69864 TERMINIX PROCESSING CENTER 140.00 02/10/2022 Pest control for GBCC 1/20/22 69865 Tripepi, Smith & Associates, Inc. 105.00 02/10/2022 Tripepi-Smith Inv 7500 Social Media 1-31-2022 69866 ULTREX 61.11 02/10/2022 M5155- October late invqice Temporary Employment for Admin Svs Jan 2022 ACA
69867 UNITED STAFFING ASSOCIATES, LLC 215.00 02/10/2022 Insurance 69868 US BANK- CM9690 1,108.21 02/10/2022 Trustee Fees for 2005 Ta)! Allocation Bonds 69869 USA BLUE BOOK 93.46 02/10/2022 Injection Valve Assembly' 69870 Vence Power Sweeping, Inc. 6,152.72 02/10/2022 Street Sweeping Service - January 69871 VERIZON WIRELESS 102.62 02/10/2022 Monthly Charges - Comm Dev & Parks 12/27/21-1/26/22 TOTAL $ 1,281,523.52
ACCOUNTS PAYABLE
CHECK DATE 02/17/2022
Check ;::· Check Amount Chec~bite
69872 AT&T 135.12 02/17/2022 Monthly water alarm circuits 2/7 /22-3/6/22 69873 AT&T TELECONFERENCE SERVICES 96.88 02/17/2022 AT&T TeleconferenceServices Inv 202-008494 2-1-22 69874 AUTO ZONE INC 82.66 02/17/2022 Oil and Filter for Unit 215 69875 Big Brand Tire & Service 1,778.03 02/17/2022 Tires for PD Patrol 69876 CARQUEST AUTO PARTS 350.80 02/17/2022 Brake Pads, Rotor and Discs for Unit 201 69877 CITY OF PISMO BEACH 22,000.00 02/17/2022 Dispatch services - Dec 2021 & Jan 2022 69878 DAVE BANG ASSOCIATES INC 117.44 02/17/2022 Grover Heights Tennis net tie-down strap Dependable Fire Protection/AKA RS 23 lbs ABC Chemical - All parts and supplies for Department Fire 69879 Fire Protection 290.74 02/17/2022 Extinguishers - 7 Certified Pump & Controls ASA- Front Street Lift Station. Professional services 69880 Diversified Project Svcs Intn'I Inc. 13,755.00 02/17/2022 through January 30, 2022 69881 EVIDENT INC 137.44 02/17/2022 Hazard Labels for Fentanyl and Narcotics and Paper Bags 69882 EXECUTIVE JANITORIAL INC. 1,085.00 02/17/2022 Cleaning for Ramona, GBCC, and Bldg Attendant 12/20/21 69883 Hinderliter Dellamas & Associates 6,000.00 02/17/2022 January Services for Cannabis Management Program 69884 Howard, Elizabeth 350.00 02/17/2022 Refund for 2022 BTC paid twice 69885 J.B. DEWAR INC. 4,854.21 02/17/2022 Gasoline charges for PW vehicles 69886 LexisNexis Risk Data Management, Inc. 808.50 02/17/2022 AVCC Subscription 01/01/2022 through 01/31/2022 69887 Mutlu, Mehmet 100.00 02/17/2022 Washing Machine Rebate @ 967 Brighton 69888 O'REILLY'S AUTOMOTIVE INC 497.60 02/17/2022 Starter for Unit 205 69889 Office Depot 2,104.53 02/17/2022 Office supplies/City Hall & PD 69890 PACIFIC GAS AND ELECTRIC 177.08 02/17/2022 Public Works Electric Charges 1/8/22-2/5/22
PHOENIX GROUP INFORMATION
69891 SYSTEMS 2,430.71 02/17/2022 Billing for December 2021 69892 Ready Refresh by Nestle 119.07 02/17/2022 Bottled water for City Hall - Jan 2022 69893 RLH Construction 405.00 02/17/2022 Trouble shoot manufactures hardware SAN LUIS OBISPO COUNTY SHERIFF69894 CORONER/ CRIME LAB 52.00 02/17/2022 Department Lab Statement for December 2021 69895 SANDY MERSHON 86.08 02/17/2022 Reimburse Sandy for Valentine's and ink. 69896 Siteone Landscape Supply, LLC 45.32 02/17/2022 Irrigation Repairs @ Mentone Park 69897 South County Chambers of Commerce 9,533.00 02/17/2022 SCCC GBEcoDevJanuary Inv 12853 2-8-2022 Grover Beach Street Rehab & Repair Project 2100lp. Period ending 69898 SOUZA CONSTRUCTION INC. 132,925.61 02/17/2022 date 8/31/2021 69899 UNITED STAFFING ASSOCIATES, LLC 789.86 02/17/2022 Temporary employment for Ad min Svs W/E 2/6/22 69900 VERIZON WIRELESS 1,060.66 02/17/2022 Department Cell Phone Statement for 12-27-21 through 1-26-22 69901 Vital Records Holdings, LLC 66.95 02/17/2022 Document storage Feb 2022 ( 2/1/22 - 2/28/22 ) TOTAL $ 202,235.29
ACCOUNTS PAYABLE
. CHECK DATE 02/24/2022
Check Name Check Amount Check Date Invoice Desc
69902 ACE Certified Tree Care 1,550.00 02/24/2022 Tree removal and clean up for multiple areas AFLAC INC. ATTN: REMITTANCE
69903 PROCESSING SERVICES 397.94 02/24/2022 Feb 2022 AFLAC Premiums 69904 AIRGAS USA LLC 145.90 02/24/2022 Large Acetylene, Large Argon, Large Oxygen 69905 Anna Lanier 1,986.60 02/24/2022 CFS. Anna Tiny Tots Feb 22 69906 AQUA-METRIC SALES CO. 692.45 02/24/2022 Meters
BLUE SHIELD OF CA LIFE & HEALTH
69907 MEDICAL EYE SERVIC 761.20 02/24/2022 Employee insurance premiums - March 2022 69908 Boone Printing & Graphics 298.03 02/24/2022 #10 Regular Envelopes for PD - Chief of Police 69909 BRENNTAG PACIFIC INC. 6,058.08 02/24/2022 Aquapure 69910 CANNON ASSOCIATES 42,500.17 02/24/2022 Project 201240 City of GB CIP 4267-2. January Billing 69911 DATAPROSE LLC 539.65 02/24/2022 Monthly Service Fee & CC Transactions - Jan 2022 69912 DJ'S PLUMBING INC 300.00 02/24/2022 16th St Park - cleared stoppage @ men's toilet February 2022 Monthly Service - GB Restrooms and Train
69913 EXECUTIVE JANITORIAL INC. 2,860.00 02/24/2022 Station 69914 FARM SUPPLY COMPANY 30.59 02/24/2022 Propane for the Forklift 69915 FRANCHISE TAX BOARD 75.00 02/24/2022 Franchise Tax Board Garnishment for employee 69916 G.T. COX ELECTRIC 482.00 02/24/2022 4th Street Welcome Sign Repairs GROVER BEACH POLICE OFFICERS Grover Beach Police Officers Association Dues for paycheck 69917 ASSOC. 1,210.00 02/24/2022 date 2-25-22
69918 Jennifer Ann Anderson 35.00 02/24/2022 CFS for Yoga Feb 2022 69919 JJ Fisher Construction, Inc 190,188.34 02/24/2022 CDBG 4267-2 Water Line Replacement Project JULIAN MORA Dba 2M WASTE
69920 SOLUTIONS 795.00 02/24/2022 Encampment clean up (Margarita Ave) 69921 Kristopher Doe 317.80 02/24/2022 CFS for Paint Feb 2022 69922 Ochotorena, Madison 40.12 02/24/2022 Volunteer Appreciation reimbursement 69923 Peak WiFi.com 6,495.00 02/24/2022 10th & Grand Avenue Replacement Cameras 69924 PHELAN KATHRYN 203.00 02/24/2022 CFS. Tai Chi Feb 22 69925 Principal Life Insurance Company 5,070.62 02/24/2022 Employee insurance premiums - March 2022 CIP 5004- Nacimiento Lift Station Upgrades. Work done 1/10- 69926 R. BAKER INC. 20,200.00 02/24/2022 1/11/2022
69927 SANDY MERSHON 2,804.20 02/24/2022 CFS. Tiny Tots. Sandy. Feb 22 69928 SIMPSON RICHARD 364.00 02/24/2022 CFS for Ukulele 2022 69929 STATE DISBURSEMENT UNIT 154.50 02/24/2022 Child Support Garnishment for employee 69930 STATE DISBURSEMENT UNIT 250.00 02/24/2022 Child Support Garnishment for employee
THE LINCOLN NATIONAL LIFE
69931 INSURANCE CO 2,201.07 02/24/2022 Employee insurance premiums - March 2022 Contra.ct base rate charge for 1/18/22 to 2/17 /22 and contract 69932 ULTREX 159.03 02/24/2022 usage charge for 1/18/22 to 2/17 /22 69933 UNITED STAFFING ASSOCIATES, LLC 954.41 02/24/2022 Temporary Employment for Admin Svs W/E 2-13-22
US BANK CORPORATE PAYMENT
69934 SYSTEMS 22,991.77 02/24/2022 Employee credit card charges Total $ 313,111.47
CITY OF GROVER BEACH
2022 STREETS BOND ACCOUNT ($10,000,000)
Treasurer's Report for March 28, 2022 City Council Meeting February 1, 2022 to February 28, 2022
DESCRIPTION OF RESOURCES
Balance from January 31, 2022
Deposit(s) from Proceeds of Bond Sale:
Deposit(s) from Proceeds of Bond Sale:
Deposit from Private Improvements:
Deposit(s) from Interest 2/28/22
Total Resources
AMOUNT
$ 1,895,526.46
50,000.00
9,950,000.00
I ,ooo.oo
434.25
$ 11,896,960.71
DESCRIPTION OF EXPENDITURES
Transfers for Staff Time:
Payroll Expenses
Transfers for Non-Construction and Other:
Accounts Payable Expenses
Wire Transfer Fees
Transfers for Construction:
Accounts Payable Expenses
AMOUNT
$ 14,681.18
0.00 20.00
514,242.39
Total Expenditures 528,943.57
Cash Balance as of February 28, 2022 $ 11,368,017.14
Annette Munod
Finance Manager
Agenda Item No. 3
MINUTES
CITY COUNCIL MEETING
MONDAY, MARCH 14, 2022
CALL TO ORDER Mayor Lee called the meeting to order on Monday, March 14, at 6:00 p.m., in the City Hall Chamber, 154 South Eighth Street, Grover Beach, California.
MOMENT OF SILENCE
FLAG SALUTE The flag salute was led by all present.
ROLL CALL
City Council: Council Members Anna Miller, Robert Robert, Daniel Rushing, and Mayor Jeff Lee were present. Mayor Pro Tem Karen Bright was absent.
City Staff: City Manager Matthew Bronson, City Attorney David Hale, Deputy City Manager Kristin Eriksson City Clerk Wendi Sims, Police Chief John Peters, Community Development Director Bruce Buckingham, Public Works Director/City Engineer Greg Ray, Parks & Recreation Director Kathy Petker, and Deputy City Clerk Nicole Retana were also present.
CLOSED SESSION ANNOUNCEMENTS
None.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda.
CEREMONIAL CALENDAR
None.
PRESENTATIONS
1. Introduction of New Employees Hired Since March 2020.
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda.
• Kassi Dee
With no further comments Mayor Lee closed public comment.
CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Lee invited public comment on the items under the Consent Agenda. At this time Mayor Lee asked if there was anyone that wanted to make any public comments there was no one so Mayor Lee closed public comment.
Agenda Item No. 4
Minutes: City Council Meeting Page 2
Monday, March 14, 2022
It was motioned by Council Member Miller and seconded by Council Member Rushing to approve Consent Agenda Item Nos. 2, 3, 4, 5, 6, 7, and 8 as recommended. The motion carried on the following roll call vote:
AYES: Council Members - Miller, Robert, Rushing, and Mayor Lee NOES: Council Members - None.
ABSENT: Council Members - Mayor Pro Tem Bright
ABSTAIN: Council Members - None.
2. Minutes of the City Council Meeting on Monday, February 28, 2022.
Action: Approved revised minutes.
3. Introduction and First Reading of an Ordinance to Add a New Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to Define Boundaries for District-Based Elections
Action: 1. Conducted the first reading, by title only, and introduced the Ordinance to Add Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to define boundaries for District-Based City Council Elections; and 2. Scheduled a hearing for March 28, 2022 to provide a second reading and adopt the Ordinance.
4. Authorization for the Police Department to Purchase Axon Body Worn Camera and Software
Action: Adopted the Resolution No. 22-07authorizing the Chief of Police to enter into a five-year contract to purchase new Axon Body Worn Cameras and Software for the Police Department to replace existing cameras.
Resolution No. 22-07: A Resolution of the City Council of the City of Grover Beach, California, Authorizing the Chief of Police to Enter a Five-Year Contract to Purchase Axon Body Worn Cameras and Software.
5. Acquisition of Replacement Mobile Command Vehicle for the Police Department Action: Adopted Resolution No. 22-08 authorizing the City Manager to enter into an agreement with Government Capital Corporation to finance the purchase of a new Mobile Command Vehicle for the Police Department.
Resolution No. 22-08: A Resolution of the City Council of the City of Grover Beach, California, Authorizing the City Manager to Enter into a Lease Purchase Agreement with Government Capital Corporation.
6. FY 2021-22 Mid-Year Budget Appropriation Requests
Action: Approved FY 2021-22 Mid-Year Budget Appropriation Requests.
7. COVID-19 Response Update
Action: Received an update on the countywide and City response to the COVID-19 pandemic.
8. Updated Council Goals for FY 2022-23
Action: Approved Updates to Council Goals for FY 2022-23 as directed by the City Council at the March 7, 2022 Council Goals Workshop.
Minutes: City Council Meeting Page 3
Monday, March 14, 2022
PUBLIC HEARINGS
9. Urgency Ordinance Adopting a Military Equipment Use Policy in Accordance with Assembly Bill No. 481
Mayor Lee read the title to the foregoing item, declared the Public Hearing open, and deferred to staff for a report.
Commander Munro presented staff report via PowerPoint presentation.
Mayor Lee invited public comment on this matter. No public comments were received at this time and the Mayor closed the public hearing.
Action: It was motioned by Council Member Robert seconded by Mayor Lee to adopt a modified Urgency Ordinance No. 22-01 establishing a Military Equipment Use Policy in accordance with California Assembly Bill No. 481 and in compliance with California Government Code Section 7071. The motion carried on the following roll call vote:
AYES: Council Members – Miller, Robert, Rushing, and Mayor Lee NOES: Council Members – None.
ABSENT: Council Members – Mayor Pro Tem Bright.
ABSTAIN: Council Members – None.
Ordinance No. 22-01: An Ordinance of the City Council of the City of Grover Beach, California Adopting a Military Equipment Use Policy and Declaring the Ordinance to be an Urgency Ordinance to Take Effect Immediately Upon Adoption
REGULAR BUSINESS
10. North Oak Park Boulevard Improvements Review and West Grand Avenue Parkways
Mayor Lee read the title to the foregoing item and deferred to staff for a report.
Public Works Director/City Engineer Ray presented staff report via PowerPoint presentation discussing three options for improvements to West Grand Avenue.
Mayor Lee invited public comment on this matter.
• Shirley Humerian
• Krista Jeffries
No further public comments were received at this time and the Mayor closed the public comment.
Action: The City Council received an update on recent traffic safety improvements on North Oak Park Boulevard near the intersection with West Grand Avenue and provided direction on the continued implementation of these and other traffic safety improvements near the intersection including parkways on West Grand Avenue.
Minutes: City Council Meeting Page 4
Monday, March 14, 2022
11. Property Acquisition for 955 South 4th Street for Homeless Housing Facility Use and Approval of an Assignment of Purchase Agreement, Escrow Documents, Purchase Contract, Agency Use Plan, Resolution Adopting the Plan, and a Categorical Exemption under CEQA Guidelines, Section 15303
Mayor Lee read the title to the foregoing item and deferred to staff for a report.
City Manager Bronson presented staff report via PowerPoint Presentation.
Mayor Lee invited public comment on this matter.
• Ken Dalebout
• Janna Nichols
• Joe Dzvonik
• Jeff Al-Mashat
• Krista Jeffries
No further public comments were received at this time and the Mayor closed the Public comment.
Action: It was motioned by Council Member Miller and seconded by Council Member Rushing to approve the acquisition of property 955 South 4th Street (APN No. 060-542- 014), including approval of an assignment of purchase agreement, escrow documents, purchase contract agency use plan, Resolution No. 22-09 adopting the plan, and approval of a Categorical Exemption under California Environmental Quality Act (CEQA) Section 15303 for $425,000 in the City’s allocation of American Rescue Plan Act funding with the intent to enter into a long-term ground lease with the 5Cities Homeless Coalition to develop and operate a homeless housing facility use and authorize the City Manager to execute the acquisition. The motion carried on the following roll call vote:
AYES: Council Members – Miller, Robert, Rushing, and Mayor Lee NOES: Council Members – None.
ABSENT: Council Members – Mayor Pro Tem Bright.
ABSTAIN: Council Members – None.
Resolution No. 22-09: A Resolution of the City Council of the City of Grover Beach, California Approving an Agency Use Plan for a Noncongregate Temporary Housing Shelter, an Assignment of Escrow Documents and Purchase Agreement, and Acquisition of Property.
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the for comment on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda. There was no one so Mayor Lee closed public comment.
COUNCIL COMMITTEE REPORTS
Council Member Robert reported on the Integrated Waste Management Authority (IWMA).
Minutes: City Council Meeting Page 5
Monday, March 14, 2022
LEAGUE OF CALIFORNIA CITES – POLICY COMMITTEE REPORTS AND OTHER LEAGUE
MATTERS
None.
COUNCIL COMMUNICATIONS
None.
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson stated the City has a lot of construction underway including Measure K-14 road work, water improvements, and S. Oak Park Blvd. The City is again building a better city block by block. He thanked the community for their patience and flexibility while the City does this work.
CITY ATTORNEY’S REPORTS AND COMMENTS
None.
CLOSED SESSION
ADJOURNMENT
There being no further business to come before the City Council, Mayor Lee adjourned the meeting at 8:15 p.m.
_____________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: David Hale, City Attorney
Bruce Buckingham, Community Development Director
SUBJECT: First Reading and Introduction of an Ordinance to Repeal and Replace Chapters 1, 2, and 4 of Article I, Repeal Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisances) of Article III (Public Welfare, Morals and Conduct) and Sections 1309 through 1325 of Chapter 3 (Rules of Construction) of Article I, and Amend Section 1500 of Chapter 5 (Abatement of Nuisances) of Article I of the Grover Beach Municipal Code
RECOMMENDATION
1) Conduct first reading, by title only, and introduce an Ordinance to repeal and replace Chapters 1, 2, and 4 of Article I, repeal Sections 3102.5 and 3103 of Chapter 1 of Article III, and Sections 1309 through 1325 of Chapter 3 of Article I and amend Section 1500 of Chapter 5 of Article I of the Grover Beach Municipal Code; and 2) Schedule second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting.
BACKGROUND:
Both the current and previous City Council Goals have included continuing to strengthen the City’s code compliance program. The 2021-23 City Council Goal for Code Compliance states:
Continue to strengthen the code compliance program and related code sections to be more proactive in inspecting and addressing such issues as, short-term rental violations, illegal advertising/business signage, overgrown landscaping and conflicting right-of-way encroachments; continue monitoring the cannabis industry.
The City Attorney’s Office along with staff have been working together in the development of Grover Beach Municipal Code (GBMC) amendments to promote and further this goal through resolving duplications within City codes and developing more comprehensive code enforcement policies and regulations. The City’s Code currently defines the principal code enforcement regulations within Chapters 1 through 5 of Article I, (General Provisions) of the GBMC.
Within Article I, the GBMC sets forth four predominate tools for staff and the City Attorney’s Office defining the underlining authority of the Municipal Code. Chapter 2 establishes the penal or criminal function of the code allowing the City Attorney’s Office to prosecute violations of the Code as a criminal offense either by infraction or in some cases by misdemeanor. Chapter 3 defines the rules of construction for implementation of the Code. Chapter 4 enumerates those options for staff and the City Attorney’s Office to enforce the GBMC by administrative notice of violations and Staff Report: GBMC Article I and III Amendments Page 2
March 28, 2022
civil citations. Chapter 5 defines what constitutes a public nuisance within the city and the options for both staff and the City Attorney’s Office to abate nuisances.
Staff and the City Attorney’s Office have reviewed Article I of the Code and concluded that to achieve and accomplish the purposes and objectives of the Council’s adopted goal, it is necessary to modify and amend the entire Article I to eliminate internal inconsistencies in the Code. It is also necessary to bring the Code up to date on current enforcement options and tools. The first step was to update Article I Chapter 5 (Public Nuisances) which the Council adopted in July 2019. Staff is proposing the completion of the Article I update by amending the remaining Chapters 1, 2, 3 and 4 with a minor modification of Chapter 5 which will provide the following benefits:
• Elimination of inconsistencies between different chapters of the GBMC related to code compliance.
• Revising the criteria for obtaining attorney’s fees for code actions that are consistent with current State law and defining abatement cost recovery that includes both City staff time and City Attorney’s Office fees and court costs for civil citations and public nuisance actions.
• Establishing greater specificity to the procedures for enforcement of abandoned vehicles. • Enhancing the definitions used for code compliance to cover more of the typical terms used within Article 1 and to consolidate most of the definitions into one code section as done elsewhere within the code.
• Establishing clear authority for the City Attorney’s Office to prosecute criminal conduct as either an infraction or misdemeanor.
• Expanding the definition of entities subject to citation that include but not limited to individuals who are beneficiaries under a deed of trust related to the property subject to the code compliance action.
• Expands the citing authority of the City to include not only violations of the GBMC but also violations of conditions of development entitlements like subdivision maps, use permits, variances, etc.
• Allows for the immediate imposition of civil fines and penalties without a 30-day cure period for building code violations that exist as a result of illegal cultivation of cannabis.
The City Attorney’s Office and staff believe these enhanced regulations will provide greater tools to deal with code compliance issues and strengthen the City’s enforcement actions in the future.
In addition to Article I amendments, staff is proposing to delete two redundant code sections that are no longer needed as a result of the previous update to Chapter 5 Public Nuisances as follows:
• Article III Chapter 1 Section 3102.5 (Painting, Etc. of Motor Vehicles in Residential Zones).
This violation is currently addressed in Article I Chapter 5 Public Nuisances. • Article III Chapter 1 Section 3103 (Unsightliness of Property). This violation is currently addressed in Article I Chapter 5 Public Nuisances.
The public hearing for the second reading and adoption of this ordinance will be scheduled for the next regularly scheduled Council meeting on April 11.
FISCAL IMPACT
There is no direct fiscal impact to the City from this Code amendment.
Staff Report: GBMC Article I and III Amendments Page 3
March 28, 2022
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct first reading, by title only, and introduce the Ordinance to repeal and replace Chapters 1, 2 and 4 of Article I, repeal Sections 3102.5 and 3103 of Chapter 1 of Article III and Sections 1309 through 1325 of Chapter 3 of Article I and amend Section 1500 of Chapter 5 of Article 1 of the Grover Beach Municipal Code, and schedule a second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Draft Ordinance
ORDINANCE NO. 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH REPEALING CHAPTER 1 (ADOPTION OF CODE), CHAPTER 2 (PENAL PROVISIONS) AND CHAPTER 4 (ADMINISTRATIVE
CITATIONS FOR VIOLATION OF CODE) OF ARTICLE I (GENERAL
PROVISIONS) AND ADDING A NEW CHAPTER 1, 2 AND 4 OF
ARTICLE I; REPEALING SECTIONS 3102.5 AND 3103 OF CHAPTER 1 (DISORDERLY CONDUCT AND NUISANCES), OF ARTICLE III
(PUBLIC WELFARE, MORALS AND CONDUCT) AND SECTIONS 1309
THROUGH 1325 OF CHAPTER 3 (RULES OF CONSTRUCTION) OF
ARTICLE 1; AND AMENDING SECTION 1500, OF CHAPTER 5
(ABATEMENT OF NUISANCES) OF ARTICLE 1 OF THE GROVER
BEACH MUNICIPAL CODE
WHEREAS, the City of Grover Beach (“City”) has the police power to protect the health, safety and welfare of the community, including the ability to protect and enhance the natural environment consistent with Article XI, section 7 of the California Constitution; and
WHEREAS, the City wishes to encourage the compliance with its municipal codes; and
WHEREAS, the enforcement of its codes encourages the compliance with its laws, regulations, and permits over which the City has authority; and WHEREAS, whereas the adoption of a municipal code establishes measurable goals based on identified community needs which allows for the monitoring of plans, permits, and zoning regulations for their effectiveness after adoption, and WHEREAS, the adoption of code regulations and defined code enforcement provisions allows for the effective coordination and appropriate enforcement of both state and local regulations; and
WHEREAS, it is in the public interest to establish a procedure so that the abatement of violations of the code is at the expense of the person(s) creating, causing, committing or maintaining the violations.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
PART 1: The above recitals and findings are true and correct and incorporated herein by this reference.
PART 2: Chapter 1, (Adoption of Code), of Article I, (General Provisions), is hereby repealed in total and a new Chapter 1, Adoption of Code, of Article I, is added to the Grover Beach Municipal Code as follows:
Attachment 1
Ordinance No. 22-__ Page 2
CHAPTER 1 –ADOPTION OF CODE
Section 1100. Adoption. This code shall be known as the Grover Beach Municipal Code, as compiled, edited and published, a copy of which is on file in the office of the city clerk, for public inspection.
Section 1101. Title – Citation and Reference. This Code is and shall be known as the city of Grover Beach Municipal Code, and it shall be sufficient to refer to such code as the city of Grover Beach Municipal Code or (GBMC) in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the city of Grover Beach Municipal Code. References may be made to the titles, chapters, sections, and subsections of the city of Grover Beach Municipal Code, and such references shall apply to those titles, chapters, sections, subsections, divisions or subdivisions as they appear in the code.
Section 1102. Maintenance of code. At least three (3) copies of this Code, duly certified by the city clerk, shall be maintained on file in the office of the city clerk as official copies of this code.
Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference.
Section 1103. Interpretation of code and other ordinances. The provisions of this Code and all proceedings under it are to be construed to affect its objects and to promote justice. All the provisions of this code and all other city ordinances shall be interpreted to refer to the appropriate or designated officer or office of the city, and whether an ordinance, uniform code, statute or other matter which is adopted by reference refers to any department, officer, employee, inspection, police or other function, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee or function of the city, or to the person or agency performing the function for the city.
Section 1104. Effect of code on past actions and obligations. Neither the adoption of this Code nor the repeal or amendment by this Code of any ordinance or part or portion of any ordinance previously in effect in the city or within the territory currently comprising the city, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this code, nor be construed as a waiver of any license, fee or penalty on such effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty or the Ordinance No. 22-__ Page 3
penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 1105. Constitutionality. If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The City Council hereby declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 1106. Territorial limitation. This Code shall refer only to the omission or commission of acts within the territorial limits of the city of Grover Beach and that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or proprietary control of property.
Section 1107. Local Signification. All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this city, whether the city is mentioned in each particular section or not.
Section 1108. Section and Subsection defined. “Section” means a section of this Code dividing a Chapter, unless some other source is specifically set forth. “Subsection” means a subsection dividing a section, unless some other source is expressly set forth.
Section 1109. References to prior code. References in city forms, documents and regulations to the chapters and sections of any former city codes shall be construed to apply to the corresponding provisions within this Code.
Section 1110. Definitions. As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code:
“Calendar year” means from January 1st through December 31st of any given year. “City” means the City of Grover Beach.
“City Attorney” means the official of the city appointed by Council who occupies the position of the attorney representing the City on all legal matters consistent with Government Code sections 36505 and 41801.
“City Manager” means the appointed official of the city who occupies the position as chief administrative officer of the city.
“Council” means the city council of the City of Grover Beach.
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“Councilmember” means a person duly elected to the council. “County” means the county of San Luis Obispo, California, or the area within the limits of San Luis Obispo County, and such territory outside of San Luis Obispo County over which the county has jurisdiction or control by virtue of any constitutional or statutory provisions.
“Fiscal year” means from July 1st of any given year through June 30th of the following year.
“Gender.” The masculine gender shall include the feminine and neuter genders. “Goods” include wares and merchandise.
“May” shall be permissive.
“Month” means a calendar month, unless otherwise expressed. “Number”. The singular number shall include the plural, and the plural number shall include the singular.
“Oath” includes affirmation.
“Official Time Standard”. Wherever certain hours are named in this code, they mean standard time or daylight-saving time as may be in current use in the city. “Operate” means and includes carrying on, keeping, conducting or maintaining. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land. “Person” includes any natural person, firm, company, corporation, club, trust or similar organization, partnership, association, public corporation, political subdivision, city (except the city of Grover Beach), the county of San Luis Obispo, any district in the county of San Luis Obispo, the state of California, or the United States of America, or any department or agency or any employee, manager, officer, agent, lessee or servant of any thereof, unless this code expressly provides otherwise. “Personal property” includes money, goods, chattels, things in action, and evidence of debt.
“Police,” “police chief” or “chief of police” means the agency which performs the appropriate law enforcement function for the city, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for, or within, the city.
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“Property” includes real and personal property.
“Real property” includes land, tenements, and hereditaments. “Sale” includes any sale, exchange, barter or offer for sale. “Shall and Must” means mandatory.
“State” means the state of California.
“Street” includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, sidewalks and curbs or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
“Tenant or occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others. “Tense.” The present tense shall include the past and future tense, and the future tense shall include the present tense.
Words and phrases not defined in this code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in state or federal law.
Section 1111. General Enforcement Authority. The City Manager or any of his/her designated Enforcement Officers as set forth in this Code have the authority and powers necessary to gain compliance with the provisions of the Municipal Code and applicable state codes. These powers include the power to inspect public and private property and use whatever judicial and administrative remedies are available under the Municipal Code or applicable state codes.
Section 1112. Code Violations.
(A) No person shall violate any provision or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code shall be guilty of an infraction unless otherwise designated as follows:
. (1) Such Code provision makes violation thereof a misdemeanor. . (2) The City, at its discretion, may issue an administrative citation and civil penalty in lieu of charging any violation of the Code as a misdemeanor or an infraction.
The enforcement of those civil penalties shall be governed by the civil administrative citation procedures set forth in this Article I. A misdemeanor may also at the discretion of the City Attorney be prosecuted as an infraction.
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(B) Each violation of this Code shall be a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be charged accordingly. (C) In all cases where the same violation is made actionable or is created by different clauses or sections of this Code, the City Attorney or Enforcement Officers may elect under which to proceed; but not more than one recovery shall be had against the same person for the same violation.
(D) The City Attorney has discretion to institute the appropriate civil action to ensure compliance with the Grover Beach Municipal Code, including an action for a temporary restraining order, a preliminary or permanent injunction or an action to recover any damages incurred because of any Code violation.
PART 3: Chapter 2, (Penal Provisions), of Article I, (General Provisions), is hereby repealed in total and a new Chapter 2, (Penal Provisions), of Article I, is added to the Grover Beach Municipal Code as follows:
Penal Provisions
Sec. 1201. Citation of Violators. The pertinent provisions of Part 2, Title 3, of the Penal Code, or its successor, shall govern the procedures required for criminal enforcement of the Grover Beach Municipal Code.
Sec. 1202. Failure to Appear as Misdemeanor. Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.
Sec. 1203. Enforcing Officers Generally. The Police Chief and all peace officers employed by the Police Department are hereby empowered to enforce, and are charged with the duty of enforcing, any and all provisions of this Code or of any other ordinance of the City, including the power to arrest for such violations in accordance with the laws of the State of California, together with such other powers as are conferred upon them by the City. The Police Chief may authorize employees of the Police Department, excepting clerks, stenographers and others whose duties do not fall within the scope of law enforcement services, to enforce any and all provisions of the statutes of the State of California, of this Code, or of any other ordinance of the City where the violation of such provision or provisions would constitute a misdemeanor or an infraction, including the power to cite for such violations in accordance with the laws of the State of California.
Sec. 1204. Enforcement Officers.
(A) Training Requirements. Before any such officer or employee may exercise criminal citation authority pursuant to this section, that officer or employee must complete an enforcement-training program established at the discretion of the Chief of Ordinance No. 22-__ Page 7
the Grover Beach Police Department. The training program shall be designed to instruct officers and employees regarding:
. (1) The provisions of this Code to be enforced;
. (2) The evidentiary prerequisites to proper prosecution for violations thereof; . (3) The procedural requirements of citations, including completion of the forms, processing and amendment of citation forms; and
. (4) The limitations attendant thereto.
(B) Citation Authority. The City Manager may appoint employees of the City of Grover Beach from Departments other than the Police Department as Enforcement Officers who shall have the same powers to enforce and duty to enforce the provisions of the Grover Beach Municipal Code as people designated in Section 1203. .
(C) Delegation. An officer or employee designated in subsection (B) of this section has the authority to appoint employees to assist in the enforcement responsibilities. Such employees shall likewise have the authority to issue criminal citations following the written confirmation by the City Manager of the appointment of such employees by the officers and employees designated in subsection (B) and completion of the training required by subsection (A).
(D) Notice to Appear. Citation officers vested with criminal citation authority pursuant to this section, may, pursuant to Sections 836.5, 853.5 and 853.6 of the California Penal Code, issue a citation in the form of a NOTICE TO APPEAR to a person where any such citation officer has probable cause to believe that the person to be issued the citation has violated a provision of this Code in the citation officer’s presence, which the citation officer had the discretionary duty to enforce, and therefore, has committed a misdemeanor or infraction.
(E) Release on Written Promise to Appear. A citation officer exercising the authority pursuant to this section may release the person to be issued a citation on his or her written promise to appear in court. The citation officer shall under no circumstances take the person to be issued a citation into custody. (F) Refusal to Sign. In the event that the person to be issued a citation refuses to provide his or her written promise to appear in court, a citation officer may summon a Grover Beach Police Officer and request that such police officer take the person into custody. If the person demands to be taken before a magistrate, the citation officer may summon a Grover Beach Police Officer and request that such Police Officer take the person into custody or seek assistance of the City Attorney and request that a complaint be prepared and filed against that person.
(G) Filing and Maintenance Files. Citation officers having a duty to enforce the provisions of this Code, and who exercise the authority to issue a citation pursuant to Ordinance No. 22-__ Page 8
this section, shall maintain a file of executed citations issued under subsection (D) any citations for misdemeanors shall be forwarded to the City Attorney’s office for issuance of a complaint and filing with the appropriate magistrate. (H) Additional Authority. Nothing in this section shall be considered to limit any authority otherwise vested in the named officers and employees, provided elsewhere in this Code, or by State law.
Sec. 1205. Infractions. Any person violating any of the provisions or failing to comply with any of the requirements of this Code shall be guilty of an infraction if the Code provision under which the person is charged makes violation thereof an infraction, is silent as to whether it is an infraction or misdemeanor or if the Code designates a violation as a misdemeanor and the City Attorney elects to treat such violation as an infraction in accordance with subsection 1112 (A)(2). Any person convicted of an infraction under the provisions of this Code herein shall be punishable by a fine or fines consistent with Government Code Section 36900, or its successor. Except as otherwise provided by law, all provisions of law or ordinance relating to misdemeanors shall apply to infractions.
Sec. 1206. Misdemeanors. Except as otherwise provided in this Code, any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine or imprisonment consistent with Government Code Section 36901, or its successor.
PART 4: Chapter 4, (Administrative Citations for Violations of Code), of Article I, (General Provisions), is hereby repealed in total and a new Chapter 4, (Administrative Citations for Violations of Code), of Article I, is added to the Grover Beach Municipal Code as follows:
Section 1400. Findings and Purpose. The City Council finds and declares as follows:
(A). There is a need for an alternative method of enforcement for minor violations of this Code and applicable state codes. The City Council further finds that an appropriate method of enforcement for minor violations is through a civil citation and administrative hearing program.
(B). This chapter makes any violation of the provisions of this Code and applicable state codes subject to civil citation and civil fines. (C). This chapter establishes the administrative procedures for the imposition, enforcement, collection, review, and appeal of civil citations and civil fines pursuant to Government Code Section 53069.4 and the city’s general police power. (D). The issuance of a civil citation under this chapter is solely at the city’s discretion and is one option the city has to address violations of this Code and applicable state codes. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case. The procedures established in this chapter shall be in Ordinance No. 22-__ Page 9
addition to criminal, civil or any other legal remedies established by law that may be pursued to address violations of this Code and applicable state codes. (E). Because of the serious blighting conditions that can occur affecting health and safety, this chapter is intended to impose strict civil liability for all public nuisance that occur upon the subject premises.
(F). The city adopts this civil citation and administrative hearing program in order to achieve the following goals:
1). To protect the public health, safety and welfare of the citizens of the city of Grover Beach.
(2). To gain compliance with this Code and applicable state codes, as well as other ordinances and regulations in a timely and efficient manner. (3). To encourage voluntary and complete compliance with the provisions of this Code and applicable state codes and to eliminate public nuisances for the protection and benefit of the entire community.
(4). To provide for an administrative hearing process to appeal the imposition of civil citations and civil fines.
(5). To provide a method to hold persons responsible when they fail or refuse to comply with the provisions of the Grover Beach Municipal Code or applicable provisions of state codes, other ordinances or regulations, or terms and conditions imposed on licenses, permits, or entitlements issued or approved by the city of Grover Beach; and (6). To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.
Section 1401.
(A). Any person violating any provision of this Code or applicable state codes may be issued a civil citation by an Enforcement Officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of the municipal code and the uniform codes adopted by the City Council or failing to comply with any condition imposed on any license, permit, or entitlement issued or approved under the provisions of this Code.
(B). An enforcement officer may issue a citation for a violation not committed in his or her presence if it is determined through investigation that the responsible person cited did commit the violation.
Section 1402. Definitions. The following definitions apply to the use of these terms for the purposes of this chapter:
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“Administrative hearing” means an oral proceeding before a hearing officer regarding the civil citation(s).
“Building violation” means any violation of this Code pertaining to building, housing, plumbing, electrical, mechanical or other similar structural or zoning regulations, including regulations set forth in Article VIII or Article IX of this code, that does not create an immediate danger to health or safety. “City” means the City of Grover Beach.
“Civil citation” means any citation issued pursuant to this chapter stating there has been a violation of this Code.
“Code” means the city of Grover Beach Municipal Code or any law, rule, regulation, or code that is adopted by reference.
“Correction period” means the period of time allowed for a responsible person cited to correct a violation shown on a civil citation.
“Director” means the community development director of the city, or his or her designee.
“Enforcement officer” means any person duly authorized to enforce the provisions of this Code.
“Hearing officer” means any person appointed by the city manager to serve as the hearing officer for the administrative hearing of civil citations. Prior to conducting any hearings the hearing officer must first be approved by the city attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience.
“Issue” or “Issued” means service of a citation to the responsible person. “Notice of Violation” means any notice advising there has been a violation of the Grover Beach Municipal Code or Building Codes or notice of a failure to correct a prior noticed violation.
“Reinspection fee” means a fee charged pursuant to this chapter against a responsible person who has become the subject of city enforcement of state or local law, and for which there is a need to recover the city’s actual cost of a second or any subsequent inspection of the property caused by the responsible party’s failure to comply with a lawful order from an enforcement officer. The amount of this fee shall be set by resolution of the city council and shall become collectible in the same manner as civil fines.
“Responsible person” means any of the following:
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(1). A person who causes a code violation to occur or continue. (2). A person who maintains or allows a code violation to occur or continue by his or her action or failure to act.
(3). A person whose agent, employee, or independent contractor causes a code violation to occur or continue by his or her action or failure to act. (4). A person who is the owner, lessee, sublessee, or current possessor of real property where a property-related code violation occurs or continues. (5). A person who is the on-site manager of a business where a code violation occurs or continues.
(6). A person who is the beneficiary under a deed of trust for the property where a property-related violation occurs or continues, and that person has not corrected the violation within thirty (30) calendar days after being notified by the director in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown.
Section 1403. Civil Citation – General.
(A). Each and every day a violation exists shall be a separate and distinct violation and is subject to a separate and distinct civil fine. (B). A civil citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections. (C). Every person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, he or she may be issued a civil citation and be liable for civil fines under the provisions of this chapter.
(D). The city may take into consideration the fact that a person has been issued civil citations when the city is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such civil citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons or businesses in the vicinity.
Section 1404. Civil Citation – Building Violations.
(A). When a Notice of Violation is issued for a building violation, a thirty (30) calendar day correction period shall be allowed for the correction of the violation and the Ordinance No. 22-__ Page 12
responsible person shall correct the violation within that period. Notwithstanding the provisions of Section 1403 of this chapter, no responsible person for a building violation shall be liable for a civil fine unless the violation continues after the thirty (30) calendar days allowed for its correction, plus any extension, and a civil citation is issued containing a notice of failure to correct. The thirty (30) calendar day correction period shall not apply to a building code violation if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis.
(B). The responsible person receives a Notice of Violation for a building violation may request an extension of the correction period, provided that a request is filed with the director before the thirty (30) calendar day correction period ends. The director may, in his or her discretion, grant a reasonable extension of the time period to correct the violation if the responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the thirty (30) calendar day period. The filing for such an extension does not, unless granted, extend the thirty (30) calendar day correction period or any other time periods set by this chapter. (C). If a building violation has not been corrected by the end of the correction period, the enforcement officer has authority to issue to the responsible person a civil citation containing a notice of failure to correct. The responsible person to whom the notice of failure to correct is issued shall be liable for and shall pay to the city the civil fine or fines described in the civil citation, which civil fine or fines shall be due on the date of issuance of the civil citation. Additional civil citations may be issued and additional civil fines imposed for every day the violation continues uncorrected from the date of issuance of the civil citation.
Section 1405. Civil Citation – Contents.
(A). Each civil citation issued shall contain the following information:
(1). Name of the responsible person cited for the violation of this Code. (2). The date and approximate time when the violation(s) occurred. (3). The address or definite description of the location where the violation(s) occurred.
(4). The date on which the citation was issued.
(5). The code section(s) or condition(s) violated and a description of the violation(s).
(6). The amount of the civil fine for each violation cited. (7). A description of the civil fine payment process, including a statement advising that the civil fine shall be received by the city within thirty (30) calendar days Ordinance No. 22-__ Page 13
from the date of issuance of the civil citation, the procedure for payment of the civil fine, and the consequences for failing to timely pay the civil fine. (8). If a building violation, the civil citation shall also contain the date the thirty (30) calendar day correction period expires. The civil citation shall also state the amount of the civil fine(s) and a description of the civil fine payment process. (9). A notice that each day thereafter that a violation(s) remains uncorrected shall be a separate violation(s) subject to separate civil fine(s) until corrected. (10). An order prohibiting the continuation or repeated occurrence of each violation described in the civil citation.
(11). A notice that the responsible person cited has the right to appeal the issuance of the civil citation by requesting an administrative hearing, including the time period within which the administrative hearing must be requested, and a description of the procedure to be used in requesting an administrative hearing. (12). A description of the procedure for requesting a waiver of the civil fine deposit.
(13). An assignment of a hearing date, time and location if the responsible person cited files a request for administrative hearing and/or a waiver of the civil fine deposit.
(14). A notice that the code violation is deemed to be a public nuisance. (15). A notice of the process for the collection of unpaid civil fines and/or nuisance abatement costs as provided for in this chapter. (16). The name and signature of the enforcement officer issuing the civil citation; and
(17). Any other information deemed necessary by the director for enforcement or collection purposes.
(B). Each civil citation issued shall include a self-addressed envelope in which the responsible person can send the civil fine or request for administrative hearing or civil fine deposit waiver to the city.
(C). Failure of the civil citation to contain all of the information required in subsection (A) above shall not be a defense to the civil citation and shall not constitute grounds for dismissal of the civil citation.
Section 1406. Civil Citation – Service. A civil citation may be served by any one of the following methods:
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(A). Personal Service. An enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the civil citation. If the responsible person served refuses or fails to sign the civil citation, the failure or refusal to sign shall not affect the validity of the civil citation or of the subsequent proceedings.
(B). Service by Mail. If the enforcement officer is unable to locate or personally serve the responsible person, the civil citation shall be served by first-class mail, postage prepaid, with a declaration under penalty of perjury of service by mail executed by the person mailing the civil citation. The civil citation shall be addressed to the responsible person at the address shown on the last equalized property tax assessment rolls for San Luis Obispo County for a building or property related violation, or to any address known for the responsible person for all other violations. Service by mail shall be deemed to be effective service on the date it is mailed and shall not affect the validity of the civil citation or of the subsequent proceedings. (C). Service by Posting. If the Enforcement Officer is unsuccessful in either personal service or service by mail, the civil citation shall be posted in a conspicuous place on the real property where the violation occurs for a building or property related violation. Such posting shall be deemed to be effective service on the date of posting and shall not affect the validity of the civil citation or of the subsequent proceedings.
Section 1407. Civil Fines – Amount and Penalties. (A). The maximum amount of a civil fine for violating particular provisions of this Code shall be set forth in a schedule of civil fines in the city’s Master Fee Schedule adopted by resolution of the City Council.
The schedule may include escalating civil fine amounts for repeat code violations occurring within specified periods of time. A fine amount, not to exceed those set forth by resolution, may be imposed or reduced at the discretion of the citing officer or the City Attorney.
(B). Where no civil fine amount is specified by resolution of the City Council, civil fines shall be in accordance with those specified in Government Code 36900. (C). A late payment penalty shall be imposed for civil fines not paid within thirty (30) calendar days of their due date. The amount of the late payment penalty shall be one hundred (100) percent of the total amount of the civil fine owed. (D). In addition to any civil fine and/or late payment penalty, a hearing officer shall also assess administrative costs against the responsible person when it finds that a violation has occurred or that compliance has not been achieved within the time specified in the civil citation and any granted extensions thereof. Administrative costs may include any and all costs incurred by the city in connection with the matter including, but not limited to, costs of investigation, staffing costs incurred in preparation for an administrative hearing and for the administrative hearing itself, and costs for all reinspection’s of the property related to the violation(s).
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(E). Unless otherwise prohibited by law or regulation, all civil fines and administrative costs imposed pursuant to the provisions of this chapter shall accrue simple interest at the rate of eight percent annually until the civil fine or administrative costs, including interest thereon, is paid in full. Interest shall begin to accrue thirty (30) calendar days after the due date for the civil fine or administrative costs and continue until the civil fine or administrative costs, including interest thereon, is paid in full.
Section 1408. Civil Fines – Due Date.
(A). Civil fines are due on the date the civil citation is issued, except civil fines for building violations shall be due on the date the second civil citation is issued containing the notice of failure to correct.
(B). A civil fine shall be late if not received by the city within thirty (30) calendar days of the date the civil citation was issued.
(C). If a responsible person requests an administrative hearing and has received a waiver of civil fine deposit and the hearing officer upholds the civil citation, the civil fine shall be due on the date the notice of decision is personally delivered or mailed to the responsible person.
Section 1409. Civil Fines – Payment.
(A). A civil fine shall be received by the city Administrative Services department within thirty (30) calendar days of its due date.
(B). Payment of a civil fine shall not excuse the responsible person from correcting the code violation(s). The issuance of a civil citation and/or payment of a civil fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional civil citations, and/or filing civil or criminal complaints.
Section 1410. Civil Fines – Collection.
(A). Civil fines, interest, penalties, reinspection fees, and/or administrative costs shall become a debt owing to the city and a personal obligation of the responsible person cited.
(B). The city, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid civil fines, administrative charges, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total amount of the civil fines, interest and penalties owed by a person under this chapter have been collected.
(C). The city may refuse to issue, extend, or renew any city permit, license, or other city approval to any person, who has unpaid delinquent civil fines, interest, Ordinance No. 22-__ Page 16
penalties, liens or assessments due under this chapter related to the permit, license, or approval.
(D). The city may suspend any permit, license, or land use approval issued to a person who has unpaid civil fines related to the permit, license, or approval totaling five hundred dollars ($500.00) or more that have been delinquent for over thirty (30) calendar days. The suspension shall become effective twenty (20) calendar days after notice of the suspension is placed by the director in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the provisions of this chapter on the issue of civil fine delinquency only, if the request is filed with the director before the twenty (20) calendar day period ends. Continuing to operate under a suspended permit, license or land use approval shall be grounds for revocation of the permit, license or land use approval. Revocation may be made by the same city department, or commission issuing or granting the permit, license or land use approval upon the same notice and hearing requirements for the initial issue or grant, or upon such other procedures and notice requirements if controlled by another provision of this Code. In no event shall revocation occur upon less than ten (10) calendar days’ written notice. (E). It shall be unlawful for a responsible person to fail to pay any civil fine, interest, penalty, reinspection fee, or administrative charges imposed pursuant to this chapter. The City Attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any responsible person who fails to make such a payment.
The criminal fine for this violation shall be a mandatory minimum of one hundred dollars ($100.00).
(F). Any violation of this Code shall constitute a public nuisance. To compel compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred. Any unpaid delinquent civil fines, interest, penalties, reinspection fees, or administrative charges may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred pursuant to Government Code Sections 38773.1 and 38773.5. In any judicial action, administrative proceeding, or special proceeding or action of any kind to abate a nuisance, the prevailing party shall be entitled to recovery of attorney's fees and court costs. The recovery of attorney's fees is limited solely to causes of action directly associated with the abatement of a public nuisance. In no action, administrative hearing, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City in the action or proceeding. Such attorney's fees shall be recoverable as costs of abatement.
(G). To recover any delinquent civil fines, interest, penalties, reinspection fees, or administrative charges as a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred, the city’s Administrative Service Director of , at his or her discretion, take the following steps:
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(1). Submit to and receive from the City Council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner.
(2). Request the San Luis Obispo County recorder to record a notice of any liens, or special assessments, and send the recorder the resolution certifying the amounts.
(3). Request the San Luis Obispo County tax collector to collect any special assessments certified by the City Council; and
(4). Take all other necessary action to enforce collection of any liens or special assessments provided for in this chapter.
(H). The Administrative Service Director may pursue the lien and special assessment remedies whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for the civil fine. (I). All civil citations shall contain a notice that unpaid civil fines, interest, penalties, reinspection fees, and administrative charges are subject to the assessment and lien collection procedures of this section. The lien or assessment shall be imposed on the date the civil citation for the code violation is issued to the responsible person and becomes effective upon the recording of a notice of lien or assessment by the San Luis Obispo County recorder. This notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5, when a civil citation is personally served on the responsible person. In addition, the city Administrative Service Director shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least ten (10) calendar days before the city council considers the resolution and certifies the amounts of the liens and special assessments.
(J). A responsible person may contest the amount and/or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by the City Council pursuant to the provisions of this chapter. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying code violation occurred.
Pursuit of such a contest by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment.
(K). The parent or legal guardian of a responsible person who is a minor shall be liable for any civil fines imposed upon the minor pursuant to the provisions of this chapter. Any such civil fines may be collected from the minor, parent or guardian.
Section 1411. Preliminary Civil Citation Review.
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(A). A responsible person may request a preliminary civil citation review. The request for a preliminary civil citation review shall be actually received by the Community Development Department within ten (10) calendar days of the date of issuance of the civil citation.
(B). To obtain a preliminary civil citation review, the responsible person shall submit to the Community Development Department a copy of the civil citation along with a signed written request for a preliminary civil citation review stating the reasons why no violation occurred or why the responsible person cited is not a responsible person for the violation. Attached to the signed written request for a preliminary civil citation review shall be copies of any evidence that the responsible person would like considered during the preliminary civil citation review. All requests for a preliminary civil citation review shall be date stamped upon receipt by the city.
(C). A city employee designated by the director shall conduct the preliminary civil citation review. The reviewer shall not be the enforcement officer who issued the civil citation. The purpose of the preliminary civil citation review is to uncover and cancel any mistakenly issued civil citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the civil citation. (D). The preliminary civil citation review shall consist of a review of the citation, the written statement and any other evidence submitted at the time of the request by the responsible person and, at the discretion of the reviewer, any other related information.
The review shall be decided within three business days of receipt of the request. (E). The responsible person shall be notified of the results of the preliminary civil citation review by a written notice of decision. The notice of decision shall be forwarded to the responsible person by mail, email, or in person. (F). A request for preliminary civil citation review does not extend any time periods for compliance, including the civil fine due date, the time any correction period ends, or the time to request an administrative hearing. (G). If the conclusion of the preliminary civil citation review is that the civil citation was mistakenly issued or that the responsible person was not responsible for the violation, the citation shall be canceled.
Section 1412. Waiver of Civil Fine Payment.
(A). A responsible person requesting an administrative hearing may also request at the same time a hardship waiver of the civil fine payment. To seek such a waiver and obtain an administrative hearing on the request, the responsible person shall file with the City the signed written request form contained on the reverse side of the civil citation, check the box indicating this request, and attach a statement of the grounds for the request. The procedure governing the filing of such requests shall be the same, as provided in Section 1413 (B) of this chapter.
Ordinance No. 22-__ Page 19
(B). The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to pay the deposit of the civil fine. The responsible person shall personally appear at the administrative hearing on the request and a nonappearance shall constitute an abandonment of the request.
(C). The request shall be heard at the administrative hearing on the contest of the civil citation. At the conclusion of the administrative hearing on the waiver request, the hearing officer shall issue a notice of decision that the fine deposit is or is not waived. The hearing officer shall then proceed with the hearing on the contest of the civil citation. If the civil citation is upheld by the hearing officer, the fine payment shall be paid within thirty (30) days after the decision is made by the hearing officer. (D). A hearing officer decision on the waiver request is final and not subject to an appeal pursuant to Section 1416 of this chapter.
Section 1413. Administrative Hearing – Request.
(A). A responsible person may contest a civil citation by filing a request for an administrative hearing, except that an administrative hearing of a building violation may not be requested unless and until a second civil citation is issued containing a notice of failure to correct. To obtain an administrative hearing, the responsible person shall fill out and file a signed written request form obtained from the city’s Department of Community Development and indicate the grounds for contesting the civil citation and/or civil fine. A responsible person may contest the civil citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the responsible person cited is a responsible person for the violation. (B). To be effective and complete, the city must actually receive the request within thirty (30) calendar days of the date the citation was issued. Where the responsible person mails a request, the request shall be deemed filed on the date actually received by the city.
(C). The responsible person shall appear at the administrative hearing on the date and at the time and place specified in writing by the City by the Director of Community Development. Failure to personally attend the administrative hearing shall be considered a nonappearance. Nonappearance by the responsible person shall constitute an abandonment of the request unless the administrative hearing was continued pursuant to the provisions of this chapter.
Section 1414. Administrative Hearing – Procedure.
(A). A hearing officer shall conduct administrative hearings in accordance with the provisions of this chapter.
(B). Hearings shall be conducted by a hearing officer either:
Ordinance No. 22-__ Page 20
(1). On the date and at the time and place specified in writing by the City; (2). On the date designated as a continued hearing date, as specified hereinbelow; or
(3). On a date set by the director at least ten (10) calendar days, but not more than thirty (30) calendar days, after the responsible person requests an administrative hearing pursuant to Section 1412 of this chapter. At least ten (10) calendar days written notice thereof shall be given to the responsible person. (C). The Director shall ensure that the pertinent civil citation records are delivered to the hearing officer, including information showing all civil fine deposits or waivers granted.
(D). At the administrative hearing, the director shall make available to the responsible person copies of any additional reports concerning the civil citation that are provided to the hearing officer.
(E). The responsible person shall be given the opportunity to testify and to present evidence relevant to financial hardship, the code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a responsible person who is a juvenile under eighteen (18) years of age shall accompany the responsible person at the administrative hearing or the contest of the civil citation or request for waiver of the civil fine deposit shall be deemed abandoned. (F). The civil citation, and any other reports prepared by the enforcement officer, or prepared at his or her request concerning the code violation, any attempted correction of the code violation, or civil fine payments that are provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in such documents.
(G). The hearing officer, Director, or City Attorney may continue an administrative hearing if a request is made by the responsible person, or the responsible person’s representative, or the representative of the city, upon a showing of good cause. All continuance requests shall either be made in person at the administrative hearing or by written request received by the department at least twentyfour (24) hours before the administrative hearing date. If the continuance is granted, a new administrative hearing date shall be set within forty-five (45) calendar days and noted on the notice of decision. If the continuance is denied, the administrative hearing shall proceed as scheduled, and, if the responsible person is not present, the contest of the civil citation or request for civil fine payment waiver shall be deemed abandoned in accordance with the provisions of this chapter. The decision on the continuance request is final and the notice of decision shall either be delivered personally to the responsible person or the representative if present or be mailed or emailed to the responsible person by the department.
Ordinance No. 22-__ Page 21
(H). The administrative hearing shall be conducted informally, and the legal rules of evidence need not be followed. The hearing officer does not have the authority to issue a subpoena.
(I). The failure of the responsible person to appear at the administrative hearing, unless continued in accordance with the provisions of this chapter, shall constitute an abandonment of the request for waiver of the civil fine payment and/or contest of the civil citation, and a failure to exhaust administrative remedies concerning the code violation(s) as set forth in the civil citation. The responsible person’s failure to appear shall be noted on the notice of decision by the hearing officer and delivered to the responsible person either in person or by mail.
Section 1415. Administrative Hearing – Decision.
(A). After consideration of all the evidence and testimony submitted at the administrative hearing, the hearing officer shall issue a written decision to either waive the civil fine payment, not waive the civil fine payment, uphold the civil citation, or cancel the civil citation. The hearing officer has no discretion or authority to reduce or modify a civil fine. The decision will be made on a notice of decision form and designate the reasons and evidence considered for the decision. The decision of the hearing officer shall be made within ten business days of the hearing and shall be final. The notice of decision shall be mailed or emailed to the responsible person by the department. .
Section 1416. Right to Judicial Review.
(A). Any person aggrieved by an administrative decision of a hearing officer may seek judicial review of the administrative hearing decision by filing an appeal with the superior court of San Luis Obispo County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. The aggrieved person filing the appeal shall be responsible for paying the statutory filing fee to the superior court when the appeal is filed.
(B). No appeal is permitted from an administrative decision regarding:
(1). A request for preliminary civil citation review.
(2). An extension of the thirty (30) calendar day correction period for building violations.
(3). A request for waiver of the civil fine payment; or (4). A decision that the responsible person is deemed to have abandoned the contest of the civil citation or civil fine due to her or his failure to appear at the administrative hearing or failure to deposit the civil fine.
Ordinance No. 22-__ Page 22
PART 5: Sections 3102.5 and 3103 of Chapter 1 (Disorderly Conduct and Nuisance) of Article III (Public Welfare, Morals and Conduct) of the Grover Beach Municipal Code are hereby repealed.
PART 6: Section 1309 through 1325 of Chapter 3 of Article 1 (Rules of Construction) of the Grover Beach Municipal Code are hereby repealed.
PART 7: Section 1500 of Chapter 5 of Article 1 of the Grover Beach Municipal Code is hereby amended as follows:
Sec. 1500. Intent and Purpose. This Chapter is adopted to declare what constitute a public nuisance and to establish procedures to abate nuisances and to recover costs of such abatement. It is declared to be in the best public interest to promote the health, safety and welfare of the residents of the City by providing a summary procedure for the abatement of nuisances, which abatement procedures shall be [not replace but be supplemental and] in addition to all other proceedings by this Code of otherwise by law. [Any abandoned vehicles declared to be a public nuisance shall be abated in accordance with the procedures of Chapter 7, (Abandoned Vehicles) of Article III of this Code to the extent those procedures are inconsistent with the procedures of this Chapter.]
PART 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the determination of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter or its application to other persons. The city council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
PART 9: Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
INTRODUCED at a regular meeting of the City Council held March 28, 2022 and PASSED, APPROVED, and ADOPTED by the City Council on April 11, 2022, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
Ordinance No. 22-__ Page 23
APPROVED:
__________________________
Mayor Jeff Lee
ATTEST:
____________________________________
Wendi Sims, City Clerk
APPROVED AS TO FORM:
_____________________________________
David P. Hale, City Attorney
**DRAFT**
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: John Peters, Chief of Police
SUBJECT: Agreement with Hinderliter, de Llamas and Associates (HdL) for Cannabis Consultant Services
RECOMMENDATION
Adopt the Resolution authorizing the City Manager to enter a one-year agreement with Hinderliter, de Llamas and Associates (HdL) for Cannabis Consultant Services.
BACKGROUND
Hinderliter, de Llamas and Associates (HdL) began working with public agencies in California in 1983 conducting sales tax management and auditing programs. Since 1983, HdL has expanded their services nationwide and now includes revenue management services in areas of sales tax, property tax, lodging tax, business license tax, cannabis regulations and tax and economic development. Since 2016, Grover Beach has used HdL to assist staff with the reviewing applications, tax revenue auditing, and compliance inspection services for the City’s Cannabis Regulatory Program. HdL has been responsive to staff, has assisted in multiple on-site inspections and has been responsible for helping with the collection of overlooked cannabis tax revenues from cannabis businesses.
Recent staff conversations with HdL representatives discovered the current agreement is several years old with an outdated fee structure and a new agreement for consulting services should be implemented. Staff worked with HdL to develop a new agreement for services (Exhibit A) as well as a new fee structure for HdL’s services. The fee structure is broken down in the following table.
Scope of Services Current Fee New Fee
Cannabis Tax Revenue Audits (per business) $6,000 $7,500 Regulatory Compliance Inspections $1,000 $1,275
Technical Assistance and Subject Matter Expertise $250 / per hour No Change Travel Costs $600 / per day $400 / per day
The City’s Cannabis Regulatory Program includes one Cannabis Tax Revenue Audit and one Regulatory Compliance Inspection of each cannabis business per year. Staff also conducts other inspections and interactions with the cannabis businesses to ensure compliance and to handle inquiries from the businesses. The Cannabis Tax Revenue Audit fee is fully cost-recovered through billings to each cannabis business upon completion. Currently, the Grover Beach Master Fee Schedule lists this fee as $6,000, however staff will be requesting to amend the Master Fee Schedule which will include the new fee of $7,500 at the April 11th Council meeting.
Staff’s experience partnering with HdL for these consulting services has resulted in the collection of over $100,000 of cannabis tax revenues not yet paid along with some cases where businesses Staff Report: HdL Agreement for Cannabis Consultant Services Page 2 March 28, 2022
overpaid cannabis tax revenue resulting in a refund. Staff is recommending the continuation of this work by the authorization of this new agreement for services for $85,000 for the one-year term. Prior to the expiration of this new agreement, staff will conduct a Request for Proposals process to seek a new firm for these consulting and audit services since the City will have worked with HdL for several years and will need to obtain a new audit firm consistent with best practices.
FISCAL IMPACT
This year’s operating budget includes funding to cover the costs for the consulting services being provided by HdL.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the Resolution authorizing the City Manager to enter a one-year contract with Hinderliter, de Llamas and Associates (HdL) for Cannabis Consulting Services; or
2. Do not adopt the Resolution; or
3. Provide staff with alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution No. 22-XX
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA AUTHORIZING THE CITY MANAGER TO
ENTER A CONTRACT FOR CANNABIS CONSULTING SERVICES
WITH HINDERLITER, DE LLAMAS AND ASSOCIATES
WHEREAS, the City of Grover Beach has utilized the consulting services of Hinderliter, de Llamas and Associates (HdL) since 2016 to assist staff with reviewing cannabis applications, tax revenue auditing and compliance inspection services; and WHEREAS, a recent review of the HdL consulting contract determined it is outdated and a new fee schedule for consulting services should be implemented; and WHEREAS, the City Manager for the City of Grover Beach is authorized to execute on behalf of the City of Grover Beach the attached contract for consultant services, (Exhibit A) including any extensions or amendments thereof; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does hereby authorize the City Manager to execute the contract with Hinderliter, de Llamas and Associates for cannabis consultant services.
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 –
the foregoing Resolution was PASSED, APPROVED and ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California, this 28th day of March, 2022.
__________ ____
JEFF LEE, MAYOR
ATTEST:
___
WENDI SIMS, CITY CLERK
Attachment 1
**DRAFT**
1269745.1 Page 1 of 15
MASTER SERVICES AGREEMENT
THIS MASTER SERVICES AGREEMENT (this “Agreement”) is entered into as of _____________, 2022 (the “Agreement Date”) by and between Hinderliter de Llamas and Associates (“Consultant”), and City of Grover Beach (“Client”), which is located within the state of California (the “State”).
W I T N E S S E T H:
WHEREAS, Consultant is engaged in the business of providing consulting, software and other services that help public agencies understand and maximize their collection of sales, use and transactions taxes, business license taxes, property and lodging taxes, and other revenues, as well as their delivery of public services (collectively, “Consultant’s Business”); and WHEREAS, Client desires to contract with Consultant to obtain one or more of the services included within Consultant’s Business (as provided for in Schedule 1) upon the terms and conditions contained in this Agreement;
WHEREAS, Consultant desires to contract with Client to render such services upon the terms and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the above WHEREAS provisions and all covenants and promises contained herein, Client and Consultant mutually agree as follows:
1. Services.
1.1 Consultant will perform those services included within Consultant’s Business that are described in any and all schedule(s) referencing this Agreement and signed by Client and Consultant as of the Agreement Date or hereafter (individually and collectively, the “Schedule(s)”), upon the terms and conditions contained in this Agreement (including Schedule 1 and 2 which are hereby incorporated by reference as if set out in full) (such services are, collectively, the “Services”). In performing the Services, Consultant is acting as an independent contractor (and not as an agent or employee of Client).
1.2 Client acknowledges and agrees that any other public agency (including, without limitation, any participating government agency) located within or outside of the State (e.g., city, municipality, county, district, public authority or other political subdivision) may procure services for fees and other terms and conditions that are substantially similar to any of the Services, Fees and other terms and conditions set forth in this Agreement, provided that such other public agency executes a separate agreement with Consultant wherein the services rendered to such other public agency, the fees payable by such other public agency, and the other terms and conditions of such separate agreement are the responsibility of Consultant and such other public agency and not Client. Consultant hereby agrees and warrants they will not enter into any other agreement with a public agency or any other entity that would constitute a conflict-of-interest with the Services defined within this Agreement or would be adverse to the interest of Client.
1.3 This Agreement does not limit the right of Consultant to enter into additional contracts with Client or to contract with third parties to provide them with merchandise or services Exhibit A
1269745.1 Page 2 of 15
of any kind whatsoever, including, but not limited to, services similar to the Services. During the Term of this Agreement, Client will not, directly or indirectly (except through Consultant), engage any third party to provide the Services or any services similar to the Services.
2. Fees. As compensation for performing the Services, Client will pay Consultant the fees, costs and expenses as described in the Schedules (individually and collectively these fees and costs are, the “Fees”). Consultant may perform the Services using professionals from its staff or Consultant’s affiliated entities, and such Services will be invoiced to Client under the same terms applicable to Consultant’s staff. Consultant may increase the Fees from time to time (including, without limitation, as may be described in Schedule 1). Other than a Fee increase as described in Schedule 1, Client may notify Consultant of a request that such Fee increase be modified or revoked and, if Consultant fails to do so to Client’s satisfaction within thirty (30) days after the receipt of such request, Client may terminate this Agreement without cause pursuant to Section
7.3. 3. Invoices; Payment.
3.1 Consultant will invoice Client for the Fees earned and/or incurred by Consultant pursuant to this Agreement.
3.2 Invoices are due and payable upon receipt. Interest will begin to accrue on the thirty-first (31st) day following the invoice date on all unpaid balances at a rate of one and onehalf percent (1½%) per month, or the maximum rate permitted by law, whichever is less. Payments will first be credited to interest and then to principal. In the event that Client disputes an invoice, only that portion so disputed in good faith will be withheld from payment, and the undisputed portion must be timely paid. Interest will accrue on any disputed portion of the invoice not timely paid and will be payable immediately if the disputed invoice is resolved in favor of Consultant.
3.3 If Client fails to fully pay an invoice within 30 days after the invoice date, Consultant may, after giving five (5) days’ prior written notice to Client, suspend the rendering of Services under this Agreement until said invoice is paid in full, together with all interest that has accrued thereon. In the event of such a suspension of Services, Consultant will have no liability to Client for any delays or damages arising therefrom.
4. Insurance.
4.1. Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Schedule 2, which is incorporated into and part of this Agreement, with an insurance company(ies) either:
4.1.1 Admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide; or
4.1.2 As may be authorized in writing by Client’s Administrative Services Director, or his/her successor, or his/her designee at any time and in his/her sole discretion. The required 1269745.1 Page 3 of 15
policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein.
4.2 If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by Client that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to Client. Any failure to maintain the required insurance shall be sufficient cause for Client to terminate this Agreement. No action taken by Client pursuant to this Provision 4 shall in any way relieve Consultant of its responsibilities under this Agreement.
The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by Client that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
4.3 The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify Client shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
4.4 If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the Client and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and Client prior to the commencement of any services by the subcontractor. Consultant and any subcontractor/subconsultant shall establish additional insured status for Client, its officers, officials, employees, agents and volunteers.
5. Client Support.
5.1 Client will promptly provide in writing to Consultant all data and other information relating to or which may be necessary for Consultant’s performance of the Services.
Without limiting the foregoing, Client will keep Consultant informed on a timely basis in writing as to the existence and amendments of the laws, ordinances and/or regulations under which Consultant is performing the Services (including any adopted by Client). Consultant will be permitted to rely on the accuracy, timeliness and completeness of the information provided by 1269745.1 Page 4 of 15
Client, and notwithstanding any other inconsistent provision of this Agreement Consultant will not be liable to Client or others as a result of such reliance on data and information supplied by Client.
5.2 Client will examine all of Consultant’s reports, specifications, notices, proposals and other documents. In the event that Consultant asks for a decision from Client in order for Consultant to perform the Services, Client will render such decision in writing in a timely manner.
5.3 Promptly following any request from Consultant, Client will adopt and maintain in full force and effect resolutions in forms acceptable to Client and in accordance with applicable law authorizing Consultant to examine the confidential sales tax and other relevant records of Client throughout the Term and, for so long as any Fees are still accruing pursuant to this Agreement, after the Term.
5.4 Client will assist Consultant in obtaining such licenses, permits and approvals as may be required by law for performing the Services, and Client will pay all fees, assessments and taxes related to the application, issuance and maintenance thereof.
5.5 The Services do not include services to support, prepare, document, bring, respond to subpoenas, act as a witness, defend or otherwise assist in litigation undertaken or defended by Client, which Consultant may be required by legal process or otherwise or requested by Client to provide (collectively, “Litigation Services”). To the extent not otherwise obligated in accordance with Provision 8, Indemnification, Client will promptly pay or reimburse Consultant for all of Consultant’s costs and expenses related to Litigation Services (including, without limitation, Consultant’s attorneys’ fees and costs) at Consultant’s actual cost, plus ten percent (10%) thereof (all of which are deemed to be additional Fees). Client’s obligations under this subsection are superseded by Provision 8 to the extent Consultant has any obligation under that provision to indemnify and hold Client harmless.
6. Confidentiality; Software Use and Warranty; Records.
6.1 Consultant will comply with the requirements of the applicable laws, ordinances and/or regulations of which it has been informed by Client pursuant to Section 5.1 concerning the confidentiality of tax records. Consultant may publicly state that it performs Services for Client.
6.2 As used herein, the term “proprietary information” means all information, techniques, processes, services or material that has or could have commercial value or other utility for Consultant or in Consultant’s Business, including without limitation, (i) software, computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; (iii) desktop or web-based software; (iv) audit, tax or fee collection/administration or business processes, methods or routines; (v) marketing plans, analyses and strategies; (vi) materials, techniques and intellectual property used; and (vii) the Software and the Software’s documentation. Except as otherwise required by law, Client must hold in confidence and may not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by Client in connection with this 1269745.1 Page 5 of 15
Agreement. The terms of this Section 6.2 do not apply to information that is public information or information required by order of a court of law to disclose such information.
6.3 If access to any software which Consultant owns is provided to Client as part of the Services under this Agreement (including, without limitation, if Client chooses to subscribe to such software and/or related reports as part of the Services pursuant to Schedule 1 to this Agreement) (such Consultant-owned software is, collectively, the “Software”), Consultant hereby provides a limited, non-exclusive, non-transferable license to Client (including such of Client’s staff as may be designated from time to time by Client and approved by Consultant in writing) to use the Software pursuant to and during the Term of this Agreement.
6.4 The Software must only be used by such authorized Client staff, and Client must not sublicense, sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software. The license granted hereunder does not imply ownership by Client or any of Client’s staff of the Software nor any rights of Client or any of Client’s staff to sublicense, transfer or sell the Software, or rights to use the Software for the benefit of others. Client may not create (or allow the creation of) any derivative work or product based on or derived from the Software or the Software’s documentation, nor modify (or allow the modification of) the Software or the Software’s documentation without the prior written consent of Consultant. In the event of a breach of this provision (and without limiting Consultant’s remedies), such modification, derivative work or product based on the Software or the Software’s documentation is hereby deemed assigned to Consultant. Upon termination of this Agreement or this Software license, this Software license will be deemed to have expired and Client must immediately deactivate, cease using and remove, delete and destroy all the Software (including, without limitation, from Client’s computers and network). Consultant warrants that the Software will perform in accordance with the Software’s documentation.
6.5 Notwithstanding anything to the contrary in this Agreement (including any Schedule hereto), if access to any software which Consultant does not own is provided to Client as part of the Services pursuant to this Agreement (including pursuant to any Schedule hereto), Client hereby agrees (i) to comply with all of the terms and conditions imposed on Client’s access to such software (including, without limitation, by Consultant, such software’s owner, and pursuant to applicable law), and (ii) Consultant has no obligation during the Term of this Agreement or thereafter to provide Client with access to such software.
6.6 All documents, preliminary drafts, communications and any and all other work product related to the Services and provided by Consultant to Client either in hard copy or electronically are the joint property of Client and Consultant. This does not include the Software or any other software, any programs, any methodologies or any systems used in the creation of such work product, nor does it include any drafts, notes or internal communications prepared by Consultant in the course of performing the Services that were not otherwise provided to Client in either hardcopy or electronic form, all of which may be protected by Consultant or third party copyrights or other intellectual property and remain Consultant’s or such third parties’ exclusive property (as the case may be). It is possible that any documents, drafts, communications or other work product provided to Client may be alleged to be public records under applicable law and/or may be discoverable through litigation. Within 10 calendar days of when Client may disclose such information in response to any request for public records, Client must notify Consultant in writing 1269745.1 Page 6 of 15
about the request and, Consultant shall at its discretion apply to the court for a protective order or other form of court order to establish an exemption from disclosure. If Consultant fails to file for a protective order or similar court order or fails to obtain such an order, the Client shall have no liability to release such data or information.
6.7 Subject to applicable law, Consultant is responsible for retaining all final documents and other final work product related to the Services for a period of not less than three (3) years from the date provided to Client. Retention of any other documents, preliminary drafts, communications and any and all other work product provided to Client by Consultant is the responsibility of Client. Consultant has no responsibility to retain any drafts, notes, communications, emails or other writings created or received by Client in the course of performing the Services (other than the final documents and other final work product related to the Services and provided to Client for the term of years referenced above).
7. Term and Termination.
7.1 The initial term of this Agreement commences as of the Agreement Date and, unless terminated earlier pursuant to any of this Agreement's express provisions, will continue in effect until twelve (12) months from such date (the “Initial Term”).
7.2 This Agreement may be terminated by either party for cause upon not less than forty-five (45) days’ prior written notice given to and received by the other party, if the other party has materially breached this Agreement through no fault of the notifying party and fails to (i) commence correction of such material breach within thirty (30) days of receipt of the abovereferenced written notice and (ii) diligently complete the correction thereafter.
7.3 In addition, either party may terminate this Agreement without cause upon not less than one hundred twenty (120) days’ prior written notice to the other party.
7.4 On termination, Client will pay Consultant for all Fees and other compensation (including for Litigation Services) earned and/or incurred through the termination date and will thereafter timely pay Consultant for all other Fees and compensation to which Consultant may be entitled pursuant to this Agreement (including the Schedules hereto).
8. Indemnification.
8.1 Indemnification and Defense for Professional Services: To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Client and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by Client in direct proportion to the Consultant’s proportionate percentage of fault.
Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s 1269745.1 Page 7 of 15
proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the Client.
8.2 For All Other Liabilities: Notwithstanding the foregoing and without diminishing any rights of Client under this Provision, for any liability, claim, demand, allegation against Client arising out of, related to, or pertaining to any act or omission of Consultant, but which is not a professional service as defined in Schedule 1, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the Client, except for the sole or active negligence of, or willful misconduct of the Client.
8.3 If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend Client and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
8.4. Notwithstanding any other conflicting provision of this section or the Agreement, Consultant shall indemnify and defend the Client for any third party claims to the extent arising from Copyright or Trademark infringements arising from the use by Client of any Proprietary Information from Consultant.
This Provision shall survive termination or expiration of this Agreement.
9. Liability Limitations; Governing Law; Dispute Resolution.
9.1 To the maximum extent permitted by law and notwithstanding anything to the contrary in this Agreement:
9.2 The law of the State will govern the validity of this Agreement, its interpretation and performance, and any other claims related to it, without regard to the State’s conflict of laws rules. Venue for any legal action arising out of this Agreement will be proper only in the State courts or the federal courts located within the State. The parties hereby submit to the exclusive jurisdiction of such courts and waive any other venue to which either party might be entitled by domicile or otherwise.
9.3 If either party is required to bring legal action to enforce its rights under this Agreement or as the result of a breach of this Agreement, the costs and expenses of the prevailing party, including reasonable attorneys’ fees, will be paid by the non-prevailing party.
9.4 A breach of this Agreement by either party may cause the other party hereto irreparable harm, the amount of which may be difficult to ascertain, and therefore such other party will have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any further breach and for such other relief as such other party may deem appropriate. Such right is in addition to the remedies otherwise available to such other party at law or in equity. The parties hereto expressly waive the defense that a remedy in damages will 1269745.1 Page 8 of 15
be adequate and any requirement in an action for specific performance or injunction hereunder for the posting of a bond.
10. General Legal Provisions.
10.1 Authorization to Proceed. Each Schedule must be signed by both Client and Consultant before such Schedule will be binding on the parties hereto.
10.2 Force Majeure. Consultant is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, epidemics, pandemics or other health emergencies, or other events beyond the control of Consultant.
10.3 Amendment; Waiver. Any provisions of this Agreement (including, without limitation, any Schedules or provisions within any Schedules) may be amended or terminated if in writing and signed by both Client and Consultant. No waiver by any party of any default, misrepresentation or breach of warranty or covenant hereunder, whether intentional or not, will be deemed to be valid unless acknowledged by such party in writing, and such waiver will not extend to any prior or subsequent default, misrepresentation or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.
10.4 Severability and Survival. If any provision in this Agreement is held illegal, invalid or unenforceable, the enforceability of the remaining provisions will not be impaired thereby. Notwithstanding any other provisions of this Agreement (including, without
limitation, Section 7), Sections 3, 5.5, 6, 7, 8, 9 and 10 will survive the termination of this Agreement.
10.5 No Third-Party Beneficiaries; Services Limited to Agreement. Except as set forth in Section 8, this Agreement gives no rights or benefits to anyone other than Client and Consultant and has no third-party beneficiaries. The Services to be performed for Client by Consultant are defined solely by this Agreement (including the Schedules), and not by any other contract or agreement that may be associated with performing the Services.
10.6 Assignment. This is a bilateral personal services agreement. Neither party will have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the written consent of the other party. Any unauthorized assignment is void and unenforceable. This Agreement is binding on the 1269745.1 Page 9 of 15
successors and assigns of the parties hereto. Notwithstanding anything to the contrary, Consultant may, from time to time, utilize one or more third parties to provide certain of the Services (including, but not limited to, as may be set forth in one or more of the Schedules).
Notices. All notices under this Agreement must be in writing and will be deemed to have been given when such notice is received (i) from United States Postal Service First Class Certified Mail, Return Receipt Requested, (ii) by courier service, or (iii) by email; provided, however, that notices received on a weekend or holiday or on a business day after 4:00 p.m. local time will be deemed to have been received on the next business day. Notices will, unless another address is specified in writing, be sent to the addresses indicated below (each of which must include a street address and an email address): Consultant: 120 S. State College #200, Brea, CA 92821, Attn: David McPherson, Email: [email protected] ; and Client: 711 Rockaway Ave., Grover Beach, CA 93433, Attn: Chief John Peters, Email: [email protected].
10.8 Entire Agreement; Conflict. This Agreement (which includes any Schedules or amendments dated as of the Agreement Date or hereafter, including without limitation, amendments of the main body of this Agreement or the Schedules that may add to, subtract from, modify or clarify the Term, the scope of Services and/or the amount of Fees) constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they relate in any way to the subject matter hereof. Should there ever be a conflict between the terms and conditions of any Schedules and the remainder of this Agreement as set forth in the main body of this Agreement, the terms and conditions of the remainder of this Agreement as set forth in the main body of this Agreement will prevail and be controlling; provided, however, that should there ever be a conflict between the terms and conditions of this Agreement (including any Schedules) and (i) any amendments hereof, the terms and conditions of the amendments hereof will prevail and be controlling, and (ii) the terms and conditions of any Schedule that expressly provides for them to supersede any terms and conditions of the main body of this Agreement, such terms and conditions of such Schedule will prevail and be controlling.
10.9 Counterparts; Electronic Signatures; Authority. This Agreement may be signed in any number of counterparts, each of which will constitute an original and all of which, when taken together, will constitute one agreement. Any signed signature pages of this Agreement transmitted by email or other electronic means in a portable document format (PDF) or other clear and visible electronic format will have the same legal effect as an original. Each of the persons signing on behalf of a party hereto represents that he or she has the authority to sign this Agreement on such party’s behalf.
10.10 No Adverse Construction. Both parties acknowledge having had the opportunity to participate in the drafting of this Agreement. This Agreement will not be construed against either party based upon authorship. The section headings contained in this Agreement are 1269745.1 Page 10 of 15
inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement through their duly authorized representatives as of the Agreement Date.
CONSULTANT:
Hinderliter de Llamas and Associates
By:
R. Andrew Nickerson, President
CLIENT:
City of Grover Beach
By:
Name:
Its:
By:
Name:
Its:
[Any Schedule or Schedules may (but is/are not required to) be attached hereto] 120 S. State College Blvd. Suite 200 | Brea, CA 92821 | 714.879.5000 | hdlcompanies.com SCHEDULE 1
SCOPE OF SERVICES
The costs in the table below do not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor does it include any assistance with the appeal of any enforcement action by the City.
Any costs associated with such additional services would be billed at HdL’s hourly rate.
Prices shall be honored for the first full year of this agreement. Any amendment or extension for additional years shall be subject to HdL’s prevailing price for such services at the time of the amendment.
Scope of Service Objectives Estimated Cost
Objective 1: Cannabis Revenue Audits $7,500
per business
Objective 2: Regulatory Compliance Inspections
Assumes 2 inspections per business/per year
at a cost of $1,275 each
$2,550
per business
per year
Objective 3: Technical Assistance and Subject Matter Expertise Up to 20 hours at $250/hour to be used as needed
$5,000
Travel Costs: For any additional travel not otherwise contemplated by this proposal
$400
per day
1269745.1 Page 12 of 15
SCHEDULE 2
INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of Client, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to Client.
General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Note: Workers' compensation and employer's liability insurance requirements may be eliminated for certain sole proprietorships, partnerships, or corporations without employees.
Consultant shall submit to Client, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Client, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Other provisions or requirements
1269745.1 Page 13 of 15
Proof of insurance. Consultant shall provide certificates of insurance to Client as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by Client’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Client at all times during the term of this contract. Client reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants.
Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Client shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Client before the Client’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Client’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Client has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Client will be promptly reimbursed by Consultant or Client will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, Client may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Client’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Client, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Client, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the Client to inform Consultant of non-compliance with any requirement imposes no additional obligations on the Client nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of 1269745.1 Page 14 of 15
any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Client requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Client.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to Client with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that Client and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Client and approved of in writing.
Separation of insureds. A severability of interest’s provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to Client for review.
Client’s right to revise specifications. The Client reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Client and Consultant may renegotiate Consultant’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by Client.
Client reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by Client.
Timely notice of claims. Consultant shall give Client prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1269745.1 Page 15 of 15
Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
Agenda Item No. 7
And i
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Bruce Buckingham, Community Development Director Janet Reese, Associate Planner
SUBJECT: 2021 Annual Report on the Status and Progress in Implementation of the General Plan
RECOMMENDATION
Receive and file the General Plan Annual Progress Report and direct staff to submit it to the State in accordance with statutory requirements.
BACKGROUND
California Government Code Section 65400 requires the City to submit an annual report addressing the status of the General Plan and progress made toward implementing its goals and policies. The progress report must be submitted to the Governor’s Office of Planning and Research and Department of Housing and Community Development by April 1st of each year. Prior to submittal to the State, the annual report must be presented to the City Council for review and acceptance.
On March 1, 2022, the Planning Commission reviewed the 2021 General Plan Annual Progress Report. The report includes a summary of General Plan and Development Code amendments processed in the prior year and actions or activities relating to each of the City’s General Plan Elements. The Housing Element report (Appendix 3 of Attachment 1) consists of State-produced tables that quantify the number of dwelling units constructed during the reporting period and the status of Housing Element policies. The income level for the dwelling units were determined by utilizing a State-produced calculator. There were no changes in the report as a result of the Commission’s review.
FISCAL IMPACT
There is no fiscal impact to this action.
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Receive and file the report and direct staff to submit it to the State in accordance with statutory requirements; or
2. Provide alternative direction to staff.
Staff Report: 2021 General Plan Annual Report Page 2
March 28, 2022
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. 2021 Annual Progress Report on the General Plan
Appendix 1: Land Use Element Implementation Progress Report Appendix 2: Land Use Element Master EIR Implementation Progress Report Appendix 3: Housing Element Implementation Progress Report Appendix 4: Conservation and Open Space Implementation Progress Report
CITY OF GROVER BEACH
2021 GENERAL PLAN
ANNUAL PROGRESS REPORT
Prepared by
Community Development Department
March 2022
Attachment 1
2021 General Plan Annual Progress Report
TABLE OF CONTENTS
Introduction................................................................................................................................ 3 Demographics............................................................................................................................ 3 Plans, Projects & Accomplishments........................................................................................... 4 Status of the City’s General Plan Elements................................................................................ 6 Appendices ................................................................................................................................ 7 2021 General Plan Annual Progress Report Page 3
Introduction
California Government Code Section 65400(a)(2) requires the City to file an annual report addressing the status of the General Plan and progress made toward implementing its goals and policies. The progress report must be submitted by April 1 to the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD).
The annual progress report provides a means to monitor the success of implementing the General Plan and determine if changes are needed in the plan or its implementation programs. In compliance with Section 65400 of the California Government Code, this report has been prepared to summarize the status of the General Plan of the City of Grover Beach and the steps taken during this period to implement General Plan goals and policies. In addition, staff has also provided other information related to development permits, building permits, population growth, and code compliance activities.
Demographics
The following table lists the City’s population during the decennial census from 1960 to 2020 and the estimated population by the Department of Finance (noted in italics) for January 2021. The City’s population as of April 2020 is 12,701.
Year Population Percent
Growth/Loss
1960 5,210 --
1970 5,939 13.99%
1980 8,827 48.63%
1990 11,656 32.05%
2000 13,067 12.11%
2010 13,156 0.68%
2020 12,701 -3.46%
2021 13,128 3.36%
The Land Use Element estimates the population at build-out to be approximately 16,171. The 2050 Regional Growth Forecast for San Luis Obispo County projects the population of Grover Beach to be 14,378 in the low scenario (adopted by SLOCOG), 15,091 in the medium scenario and 17,376 in the high scenario.
2021 General Plan Annual Progress Report Page 4
Plans, Projects & Accomplishments
The City reviewed and processed numerous development projects and building permits in 2021.
The following summaries provide a general overview of the projects, programs and permits that were reviewed.
Building Permits
The Building Division issued 314 residential permits and 37 commercial permits, totaling 351 building permits. Of the residential permits, eight were for new single family residential dwelling units, four were for new single family residential dwelling units where the existing residence would become an accessory dwelling unit, four were for accessory dwelling units, two converted existing residential area to create accessory dwelling units, and one converted existing commercial area to create a total of two residential units.
156 162 191
246
341 326
215 243 290
226
314
201 198
223
301
387
345
249
318
353
268
351
0 50
100
150
200
250
300
350
400
450
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Number of Building Permits Issued
Residential Commercial
1 4 6
12 25 23
11 14
29 8 8
6 4
3 15
19 6 2
3 1
1 1
4 4
5 10
0 10
20 30
40 50
60 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Number of New Residential Units Permitted
Single Family Residential Dwellings Multi-Family Residential Dwellings Accessory Dwelling Units 2021 General Plan Annual Progress Report Page 5
Development Applications
The Planning Division received 36 development applications as shown below:
Application Type Quantity
Administrative Development Permit 7
Administrative Use Permit 3
Coastal Development Permit 4
Development Permit 15
Lot Line Adjustment 1
Tentative Map 1
Time Extension 2
Use Permit 3
General Plan, Local Coastal Program & Development Code Amendments In 2021, the City Council adopted an ordinance which:
• Amended fence regulations.
• Amended height limits at street corners.
• Amended landscape standards.
• Amended parking regulations in residential zones.
• Added regulations related to mobile vendors.
Grants
In 2020, the City was awarded the following grant funding:
• $3 million in CDBG funding for the following activities:
• Public Improvements ($2,586,467) for the installation of approximately 6,300 lineal feet of water lines and water system components that service residential areas; 26 18
23 25
28 39
42 46
24 27
36 0
5 10
15 20
25 30
35 40
45 50
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Number of Development Applications
Submitted
2021 General Plan Annual Progress Report Page 6
• Public Services ($497,673) that will fund two programs administered by the 5Cities Homeless Coalition that include $371,083 for subsistence payments (eviction prevention) and $126,590 for security deposits (rapid rehousing); • $65,000 in Local Early Action Planning (LEAP) funding to update the Housing Element; • $160,000 in Planning Grants Program (PGP) from SB 2 funding to update the Development Code and Land Use Element to facilitate housing development; • $121,182 in Permanent Local Housing Allocation (PLHA) funding to be used as matching funds for other funding sources to develop affordable housing; • $78,643 in Regional Early Action Planning (REAP) funding to update the Development Code and Land Use Element to facilitate housing development; In 2021, the CDBG-funded Public Improvements project commenced construction, and the Development Code updates funded by LEAP, PGP, and REAP commenced.
Status of the City’s General Plan Elements
The City has eight adopted General Plan elements which include the seven mandatory elements and one optional element as shown below.
ELEMENT REQUIRED/OPTIONAL YEAR ADOPTED/REVISED
Land Use Required 2020
Housing Required 2020
Circulation Required 2005
Noise Required 1993
Conservation & Open Space Required 2020
Safety Required 2000
Parks and Recreation Optional 2005
In 2021, an update to the Safety Element commenced and will be completed in 2022. In addition, housing related sections of the Land Use Element will be updated as part of the Development Code update to implement the Housing Element programs.
The Governor’s Office of Planning and Research (OPR) notifies the City annually on all General Plan elements that have not been comprehensively updated in the last eight years. Although these older General Plan elements are not necessarily legally inadequate, the California Supreme Court has stated that local governments have an implied duty to keep their General Plans current.
Land Use Element
The Land Use Element was adopted in 2010 and most recently had minor amendments in 2020 as a result of updates to the Conservation & Open Space and Housing Elements. Progress reports for the implementation of both the Land Use Element and the Land Use Element Environmental Impact Report (EIR) are included in Appendices 1 and 2, respectively. As mentioned above, an update to the Land Use Element for housing related policies has commenced to implement the programs included in the adopted 2020-2028 Housing Element.
Housing Element
The City adopted the 2020-2028 Housing Element in November 2020 and was certified by the State in March 2021. A summary of the annual reporting required by the State, including a chart of the 2020 Housing Element’s Goals and Policies, are included in Appendix 3. 2021 General Plan Annual Progress Report Page 7
Circulation Element
The Circulation Element was updated in 2005 and establishes goals and programs to carry out the circulation needs of the community. An update to this element is scheduled to occur in 2023.
Noise Element
The Noise Element was adopted in 1993 and establishes goals and programs to address noise impacts in the City. This element will be updated after the completion of the Circulation Element update so the most current noise data from vehicles can be used.
Conservation & Open Space Element
The Conservation & Open Space Element was adopted in July 2020. A progress report of the implementation measures is included in Appendix 4.
Safety Element
The Safety Element was adopted in 2000 and provides policies that address fire, flooding, geologic, and seismic hazards. In 2020, the County completed the County-wide Local Hazard Mitigation Plan, which includes technical studies which are required by State law in order to update the Safety Element. An update of the Safety Element commenced in 2021 and will be completed in 2022.
Parks and Recreation Element
The Parks and Recreation Element was adopted in 2005 and contains goals and policies for managing, renovating and expansion of existing parks and the development of new parks and recreation facilities.
Appendices
Appendix 1: Land Use Element Goals and Policies Progress Report Appendix 2: Land Use Element Master EIR Implementation Measures Progress Report Appendix 3: Housing Element Annual Progress Report
Appendix 4: Conservation and Open Space Element Implementation Measures Progress Report City of Grover Beach
Land Use Element Implementation Progress Report
2021
Policy Implementation Measure Status
Goal LU-1: To protect and preserve existing residential neighborhoods
1.1 Protect existing neighborhoods. The City shall
promote the preservation of existing stable
residential neighborhoods.
Assess development projects for
consistency with the policy through the
development process.
Ongoing as part of the
development review process.
1.2 “Complete” neighborhoods. In general, the
City will promote the establishment and preservation
of “complete” neighborhoods that exhibit the
following characteristics:
a. A mix of housing types and densities serving the
broadest range of households, incomes and ages;
b. Neighborhood serving retail businesses should be
provided within a five-minute walk or bicycle ride of
surrounding residences;
c. Parks, schools and other public/quasi-public uses
within a short walk or bicycle ride;
d. A complete and interconnected system of
roadways, bicycle and pedestrian paths, and transit
stops that link the neighborhoods;
e. Blocks with a substantial tree canopy shading the
street and sidewalk;
f. Connectivity to surrounding neighborhoods, retail
centers and employment;
g. A sense of personal safety;
h. Elements that foster the sustainable use of scarce
or non-renewable resources, such as walkable
streets, the orientation of buildings to facilitate solar heating and cooling, and a complementary range of
uses that promote alternate forms of transportation.
i. Improved access to high-speed internet
connections.
Assess development projects for
consistency with the policy through the
development process.
Ongoing as part of the
development review process.
1.3 Creating Walkable Neighborhoods.
Neighborhoods should be protected from intrusive
traffic. All neighborhood street and circulation
improvements should favor the pedestrian and local
traffic over pass-thru traffic. Vehicle traffic on
residential streets should be slow. To foster suitable
traffic speed, street design should include measures
such as narrowing lanes, creating bikeways on
designated routes, landscaped parkways, traffic
circles, textured crosswalks, and, if necessary, stop
signs, speed humps, and road closures or cul-desacs.
Assess development projects for
consistency with the policy through the
development process.
Ongoing as part of the
development review process.
Incorporate traffic calming elements in
the Capital Improvement Program.
Ongoing as part of the annual
review of the Capital
Improvement Program.
1.4 Mobile home parks. The City’s existing mobile
home parks are an important component of the City’s
affordable housing stock and should be preserved,
where feasible.
Assess development projects for
consistency with the policy through the
development process.
Ongoing as part of the
development review process.
1.5 Le Sage Mobile Home Park. The Le Sage
mobile home park west of State Route 1 and north of
Grand Avenue should be preserved as an important
component of the City’s affordable housing within the
Coastal Zone. The transition of the park to
accommodate additional visitor serving commercial
or retail businesses should be allowed only if the
existing mobile home residents are not displaced.
Designate site Visitor Serving Mixed-Use
Completed: Zone change to
Coastal Visitor Commercial in
February 2011. Coastal
Commission approved in
August 2014.
Assess any changes to the use of the
mobile home park for consistency with
this policy through the development
review process.
Ongoing as part of the
development review process.
Appendix 1
Policy Implementation Measure Status
Goal LU-2: To designate adequate land in a range of residential densities to address the housing needs of all income groups expected to reside in Grover Beach
2.1 Adequate supply of residential land. The City
shall maintain an adequate supply of residential land
in appropriate land use designations and zoning
categories to accommodate projected household
growth, maintain normal vacancy rates, and to
provide for its allocation of affordable housing as
prescribed by the San Luis Obispo Council of
Government’s Regional Housing Needs
Assessment.
None. No implementation measures
for this policy.
2.2 Affordable housing. The City shall promote the
development of affordable housing to meet the
needs of low- and moderate-income households,
consistent with the policies and programs of the
Housing Element.
None. No implementation measures
for this policy.
2.3 Housing choices. The City shall provide for and
encourage a range of housing choices, including
live/work units, multifamily development and Single
Room Occupancies (SRO), intended to meet the
special needs of senior citizens, the physically and
mentally challenged, and very low, low and moderate
income households.
None. No implementation measures
for this policy.
2.4 Special needs housing. Housing provided for
residents with special housing needs should be
compatible with surrounding development.
None. No implementation measures
for this policy.
2.5 Special needs housing in mixed-use areas.
Notwithstanding the preference for ground-floor
commercial and retail businesses in mixed-use
development, housing for residents with special
needs should be allowed in all or part of a mixed-use
development so long as such development is
compatible with surrounding non-residential
development.
None. No implementation measures
for this policy.
2.6 Location of higher densities. Generally, higher
density housing should be located in areas served by
the full range of urban services, within walking
distance of neighborhood shopping areas, schools,
parks and employment.
Amend the Land Use Diagram as needed
to provide suitable building sites for
housing.
Ongoing as part of the
development review process.
Implement the policies and programs
provided in the Housing Element.
Ongoing as staff resources
allow.
Goal LU-3: To ensure infill residential development is compatible with surrounding development
3.1 Compatible infill development. Housing built
within an existing neighborhood should be
compatible in scale and in character with that
neighborhood. Where neighborhoods are primarily
single story, two-story housing may be permitted but
should be designed to respect the privacy of
surrounding residences. All multifamily development
and large group-living facilities should be compatible
with nearby, lower density development.
a. Architectural Character: New buildings should
respect existing buildings where they contribute to
neighborhood architectural character, in terms of
size, spacing, and variety.
b. Privacy and Solar Access: New buildings should
be designed to respect the privacy and solar access
of neighboring buildings and outdoor areas,
particularly where multistory buildings or additions
may overlook backyards of adjacent dwellings.
c. Compatible Color and Materials: New buildings
should employ a palette of building materials and
colors that complements existing development where
they contribute to neighborhood architectural
character.
Assess development projects for
consistency with the policy through the
development process.
Ongoing as part of the
development review process.
3.2 Deleted
Policy Implementation Measure Status
3.3 Atlantic City and Oak Park Boulevard
Property (APN 060-031-005). This property consists
of 9.7 acres and is an appropriate location for both
Medium Density and High Density Residential land
use designations. Appropriate land uses for the site
would include single family and multi-family dwelling
units, senior housing and long-term care facilities.
Development of this site should also consider the
incorporation of a park.
Amend the Land Use Diagram as
necessary consistent with the policy.
Completed: Land Use Element
adopted February 2010.
Review development projects for
consistency with the policy.
Ongoing as part of the
development review process.
3.4 Preference for a single Master Plan. A single
Master Plan governing development of the three
properties near the northwest corner of Atlantic City
and Oak Park Boulevard (APNs 060-031-005, 060-
031-021 and 022) shall be prepared and approved
by the City prior to the development of any of the
three properties. The requirement for a single
Master Plan may be waived by the Planning
Commission if it can be demonstrated that access
and on-site circulation can be provided for all three
properties to the satisfaction of the City.
The Master Plan prepared for the remainder of the
property shall ensure that common issues of access
and site design have been addressed. In addition,
the Master Plan should address at least the
following:
a. The identification of an appropriate range and
location of land uses;
b. The identification of suitable building sites that
protect sensitive resources, views and minimize
grading by integrating the development into the
hillside;
c. Protection of the sensitive biological resources
associated with Meadow Creek and large oak trees;
d. The provision of safe vehicular and pedestrian
access and on-site circulation; one option is to
investigate the feasibility of obtaining access from
one or more adjoining properties (APNs 060-031-021
and 022);
e. Evaluate opportunities for a pedestrian/bike link
with the oak woodland adjoining the site to the west.
f. Avoidance of areas subject to flooding, steep
slopes and areas containing archaeological
resources;
g. Development standards to ensure compatibility
with the character and scale of the surrounding
development;
h. View protection;
i. Create an adequate buffer from surrounding
residential development;
j. Identification of an appropriate park site in
consultation with the Parks and Recreation
Department.
k. Possible development of a neighborhood serving
commercial center.
Require a Master Plan to be prepared to
cover the development of all three
properties in accordance with the
requirements established in the policy.
APNs 060-031-021 & 22 are
now under one ownership and
a development application was
approved for a hotel project in
September 2020. The
requirement for a master plan
was waived because common
access and site design issued
have been addressed.
Review development projects for
consistency with the policy.
Ongoing as part of the
development review process.
Goal LU-4: To designate adequate land & provide support for development of commercial uses providing goods & services to GB residents & to become the commercial service hub for southern SLO County.
4.1 Promotion of commercial sector. The City
shall promote, and assist with the maintenance and
expansion of, Grover Beach’s commercial sector to
meet the needs of Grover Beach residents,
employees, and visitors. The City will continue to
gather market information to inform decisions
regarding efforts to promote local businesses and
attract new businesses.
None. No implementation measures
for this policy.
Policy Implementation Measure Status
4.2 Retail development. The City shall promote the
establishment, maintenance, and expansion of
businesses in Grover Beach that generate retail
sales taxes as important contributors to the local
economy.
Continue to implement the City's
Economic Development Strategy.
Ongoing as staff resources
allow.
4.3 Mixed use development. The City will promote
mixed use developments that functionally integrate
businesses that depend on foot traffic and exposure
to pedestrians on the ground floor (such as retail,
restaurants and visitor-serving accommodations)
with residences, professional offices and/or visitor
accommodations on the upper floors. Vertical
(different uses stacked one above another) and
horizontal (different ground level uses on a single
parcel) mixed use development will be encouraged.
Designate suitable areas for mixed-use
development.
Completed: Development
Code adopted October 2012.
Prepare and adopt specific plans as
needed to guide the development and redevelopment of mixed-use sites.
Ongoing as part of the
development review process.
4.4 Design of mixed-use development. Mixed use
developments should be designed to mitigate
potential conflicts between residential and nonresidential uses, considering such issues as noise, lighting, security, and truck and automobile access.
Establish development criteria for noise,
lighting, security, loading, etc., by
amending the Development Code where
necessary.
Completed: Development
Code adopted October 2012.
Review development projects for
consistency with the policy.
Ongoing as part of the
development review process.
Goal LU-5: To revitalize the Grand Avenue Corridor/Beach Area into vibrant, economically sound, pedestrian-oriented districts
5.1 West Grand Avenue Master Plan as a guide
for revitalization. A Master Plan was adopted in
2011 establishing the vision for the physical and
economic development and revitalization of the
Grand Avenue corridor
Review development projects for
consistency with the Master Plan
following adoption.
Ongoing as part of the
development review process.
Goal LU-6: To establish an attractive beach-oriented visitor serving district generally between 5th Street and the beach
6.1 West Grand Avenue area. The West Grand
Avenue area is an appropriate location for the
development of a significant mixed-use visitorserving district anchored by a major lodge/hotel/convention center constructed west of
Meadow Creek. Revitalization efforts in this area will
be guided by the Master Plan prepared in
accordance with Policy LU-5.1.
Implement a bike route plan connecting
the West Grand Avenue area with the
butterfly grove and regional bicycle
systems serving the Cities of Pismo
Beach and Arroyo Grande and linked with
the regional DeAnza Trail.
Completed: Bicycle Master
Plan adopted January 2011.
Support development of family-oriented
uses within this area.
Ongoing as part of the
development review process.
Review development projects for
consistency with the Master Plan
following adoption.
Ongoing as part of the
development review process.
6.2 Beach Front Lodge. The City will actively pursue
development of the Beach Front Lodge site with a
hotel/convention center that incorporates at least the
following general features:
a. The hotel/convention center design should be in
context with the surrounding dune complex and
beach. The project should consist of more than one
building with staggered heights and bulk to break up
the building mass and allow for view corridors from
the site.
b. Retention of adequate public parking for beachgoers and for patrons. c. Pedestrian, bicycle and transit connections to the
beach, the dunes, the train station and mixed-use
visitor-serving development east of Highway One.
d. Public access to the beach and dunes.
e. Compliance with relevant provisions of the Coastal
Act.
f. Protection of sensitive biological, scenic and
cultural resources.
The City has entered into a Joint Powers
Agreement with the State of California
and selected a hotel operator to proceed
with development of the
Lodge/Conference Center.
Completed: Project approved
in April 2014.
Implement the Economic Development
Strategy.
Ongoing as part of the
development review process.
Review development proposal for
consistency with the Master Specific Plan
following adoption.
Ongoing as part of the
development review process.
6.3 Deleted
Policy Implementation Measure Status
6.4 Preferences for mixed-use development. In
general, ground floor development within the Visitor
Serving – Mixed-Use designation should be reserved
for retail shops, eating and drinking establishments,
and visitor accommodations, with the upper floors
occupied by additional visitor accommodations,
offices and dwellings. To assure adequate space for
visitor-serving uses, properties within this
designation should not include general retail stores
such as larger grocery and drug stores, auto sales or
repair, or business services that are more suited to
shopping centers. Although mixed-use development
is encouraged, it is not required.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
6.5 Street character. In general, buildings
constructed in the area designated Visitor Serving –
Mixed Use should be placed at the back of sidewalk
along the street frontage, especially along Grand
Avenue, with adequate space between the building
and the curb to accommodate pedestrian walkways,
street furniture (seating, lighting, landscaping, public art), and for outdoor dining and gathering.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
6.6 4th Street and Grand Avenue. The properties
surrounding the intersection of 4th Street and Grand
Avenue should be developed with visitor-serving
mixed-use development that includes retail on the
ground floors and housing, offices and/or visitor
accommodations on the upper floors. This area may
be appropriate for taller (e.g., four story) buildings.
Review development projects for
consistency with the Master Plan
following adoption.
Ongoing as part of the
development review process.
6.7 Industrial area south of Grand Avenue. The
industrial area south of Grand Avenue between 3rd
Street and the railroad right-of-way is an appropriate
area for additional visitor-serving commercial
development such as visitor-serving retail and bed
and breakfast accommodations with adequate
setback from the railroad.
None. No implementation measures
for this policy.
6.8 Transition of the Front Street industrial area to
Visitor-Serving Uses. The Front Street industrial area
north of Ramona Avenue east of Front Street
extending to Beckett Place is an appropriate location
for additional visitor-serving commercial
development. Accordingly, the City will encourage
existing businesses to relocate to more suitable
locations in the industrial area south of Farroll
Avenue with the exception of the property west of
Front Street extending to the railroad which remains
designated Industrial. The City should assist property
owners in the relocation of their businesses.
Assist property owners in relocating their
businesses to more suitable locations in
the industrial park south of Farroll
Avenue.
Funding no longer available
with the dissolution of the
Improvement Agency.
6.9 Tourism. The City should continue efforts to
capitalize on its beach-side setting by marketing to a
broad range of tourist activities, including ‘ecotourism’.
Continue to implement the City's
Economic Development Strategy.
Ongoing as staff resources
allow.
Policy Implementation Measure Status
Goal LU-7: To create a well-defined, pedestrian-oriented central business district/civic center that serves as the center of Grover Beach's business, civic and cultural life
7.1 Central Business District/Civic Center Core
Area. The City shall promote the development of a
well-defined, pedestrian-oriented central business
district core area bounded by 8th Street, 11th Street,
Ramona Park and Rockaway Avenue, consistent
with the requirements of policy LU-5.1. The City shall
encourage the concentration and intensification of
urban uses in this area, including residential uses, as a means of increasing pedestrian activity and
providing support for commercial and civic activities.
The central business district core area shall include
commercial, professional office, financial, civic,
residential, cultural, and recreational uses, and shall serve all segments of the community.
Review development projects for
consistency with the specific plan
following adoption.
Ongoing as part of the
development review process.
7.2 Development of a City Center Around City Hall.
The city should encourage County, State and other
agencies to locate facilities in proximity to the
existing City Hall to create a Civic Center that would
meet the needs of the residents, businesses and
visitors to the City.
Work with County, State or other
agencies to identify possible locations to
locate or relocate these services to create
a Civic Center near to the downtown
area.
Ongoing as staff resources
allow.
7.3 Preferences for uses. In general, the ground
floor of development within the Central Business
District – Mixed-Use designation should be reserved
for retail shops, service businesses (including eating
and drinking establishments) and professional
offices, with the upper floors reserved for visitor
accommodations, offices and dwellings.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
7.4 Street character. In general, buildings
constructed in the area designated Central Business
– Mixed Use should be placed at the back of
sidewalk along the street frontage, especially along
Grand Avenue, with adequate space between the
building and the curb to accommodate pedestrian
walkways, street furniture (seating, lighting,
landscaping, public art), and for outdoor dining and
gathering.
Continue development of pedestrian
improvements, street trees and medians
extending from 4th Street through to 11th
Street.
Ongoing as funding becomes
available. Center medians on
West Grand from 4th to 8th
Street are in the CIP.
Incorporate streetscape improvements as
part of the City's Capital Improvement
Program. The timing of these
improvements will be determined as
transportation funding becomes available.
Ongoing as funding becomes
available.
7.5 Infill development. The City shall encourage infill development that promotes strengthening and
revitalizing the central business district/civic center.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
7.6 Parks in the Central Business District. The City
shall continue to provide parks in and near the
central business district to foster an environment that supports businesses that depend on pedestrian
activity.
Continue to require park land dedication
or the payment of in lieu fees for park
acquisition.
Ongoing as part of the
development review process.
Implement the programs provided in the
Parks and Recreation Element.
Ongoing as staff resources
allow.
Partner with the Chamber of Commerce
in community events at Ramona Park
and Cleaver Park (once developed) that
will bring residents and visitors into the
Central Business District area.
Ongoing. Concerts in the Park,
Stone Soup Festival and
Farmer's Market occur during
the Summer.
7.7 Streetscape improvements. The City shall take
the lead in upgrading the visual quality of streets in
the downtown area and require individual
development projects to incorporate frontage
improvements.
Implement the Grand Avenue Master
Plan recommendations for Streetscape
Improvements.
Ongoing. The West Grand
Avenue Enhancement Project
Phases 1, 2, and 3 are
complete. Future projects
based on available funding.
Continue the façade improvement
programs and determine if there are other
appropriate tools to upgrade the visual
quality of the downtown.
Funding no longer available
with the dissolution of the
Improvement Agency, which
funded the Façade
Improvement Program
Require development projects to install
required frontage improvements through
the development review process.
Ongoing as part of the
development review process.
Policy Implementation Measure Status
Goal LU-8: To develop the east commercial area along Grand Avenue from 14th Street to Oak Park Blvd with businesses that provide a wider range of goods and services desired by residents of Grover beach and surrounding communities.
8.1 Designate areas for larger commercial centers.
The commercial development along Grand Avenue
east of 14th Street to Oak Park Boulevard supports
more conventional, larger-scale retail centers that
provide for the day-to-day needs of Grover Beach
residents. These centers support a diverse
assortment of retail and service businesses and are
designed to be visited primarily by automobile. City
will promote the development of larger commercial
centers along the east end of Grand Avenue to
provide a broader range of the goods and services
desired by Grover Beach residents.
Amend the Development Code as
necessary to establish development
standards for neighborhood serving
businesses.
Completed: Development
Code adopted October 2012.
8.2 Broaden the tax base. The City should assist
property owners and prospective developers in the
development of larger, more diverse businesses in
the east Grand Avenue area that provide a broader
range of the goods and services desired by Grover
Beach residents.
Implement the Economic Development
Strategy.
Ongoing as staff resources
allow.
8.3 Streetscape improvements. The City should
continue to provide street trees, landscaped
medians, sidewalks, bicycle paths, street lighting and
signage to facilitate access to East Grand Avenue
businesses by means other than motor vehicles.
Incorporate streetscape improvements as
part of the City's CIP.
Ongoing as part of the annual
review of the Capital
Improvement Program.
Require pedestrian facilities to be
incorporated into new development as
part of the development review process.
Ongoing as part of the
development review process.
Goal LU-9: To provide for an expansion of the highway-oriented commercial node at Oak Park Boulevard and El Camino Real
9.1 Northerly property fronting El Camino (APN 060-
031-021). This property consists of about 5.8 acres
and is an appropriate extension of the Retail
Commercial Services land use designation on the
northerly and easterly portions of the site outside of
sensitive biological resources. Appropriate land uses
for the site would include visitor accommodations, a
restaurant, small-scale retail and other similar uses
and possible residential development to provide a
transition into the adjoining residential areas to the
west.
Review development projects for
consistency with the policy.
Completed. Hotel project
approved in September 2020.
A single Master Plan governing
development of the three properties near
the northwest corner of Atlantic City and
Oak Park Blvd shall be prepared and
approved by the City prior to the
development of any of the three
properties (see policy LU-3.4)
Completed. Hotel project
approved in September 2020.
Incorporate a substantial buffer of a
minimum of 50 feet or provide a transition
with residential development to the
residences to the west to minimize
compatibility impacts, including noise,
glare, time of operation.
Completed. Hotel project
approved in September 2020.
Comply with policies LU-16.1, et seq
relating to the protection of sensitive
biological resources.
Completed. Hotel project
approved in September 2020.
9.2 Middle property (APN 060-031-022). This
property consists of about 1.8 acres and is an
appropriate location for Retail and Commercial
Services, visitor accommodations, a restaurant,
small-scale retail and other similar uses and possible
residential development to provide a transition into
the adjoining residential areas to the west.
Amend the Development Code as
necessary consistent with the policy.
Completed: Development
Code adopted October 2012.
Review development projects for
consistency with the policy and the
Master Plan requirements provided under
LU-3.4.
Completed. Hotel project
approved in September 2020..
Incorporate a substantial buffer of a
minimum of 50 feet or provide a transition
with residential development to the
residences to the west to minimize
compatibility impacts, including noise,
glare, time of operation.
Completed. Hotel project
approved in September 2020.
Goal LU-10: To provide for the day-to-day needs of Grover Beach residents by establishing neighborhood-serving businesses within walking and biking distance of surrounding neighborhoods.
10.1 Preserve existing neighborhood-serving retail.
Existing neighborhood serving commercial
businesses should be retained, and expanded only
where such expansion does not adversely impact
surrounding residences.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
Policy Implementation Measure Status
10.2 Preserve residential development along S. 13th
Street. Existing residences along 13th Street south
of Grand Avenue, including the mobile home park,
should be retained and protected from the impacts of
non-residential development. There may be portions
of these developments that front directly onto Grand
Avenue that may transition to commercial mixed use
development in accordance with City requirements.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
Complete street improvements (curbs,
gutters, sidewalks, street trees, lighting,
etc.) including traffic calming and
pedestrian oriented improvements.
Ongoing as part of the annual
review of the Capital
Improvement Program.
10.3 Preserve existing neighborhood serving
businesses along S. 13th Street. The existing
neighborhood-serving commercial businesses along
13th Street south of Grand Avenue should be
retained. Limited expansion of non-residential
development should be allowed only where such
expansion does not adversely impact surrounding
residences.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
10.4 Deleted
10.5 Neighborhood serving nodes to serve existing
residential neighborhoods. The City will investigate
the establishment of neighborhood-serving
commercial nodes within walking distance of existing
residential neighborhoods, especially in the vicinity of Oak Park Boulevard and Atlantic City Avenue.
Assess the suitability of remaining vacant
and underutilized properties for their
suitability.
Vacant and underutilized
properties are reviewed
periodically.
Consider incorporating neighborhoodserving development as part of the development of APN 060-031-005 (refer
to policy LU-3.4)
Ongoing as part of the
development review process.
Goal LU-11: To designate appropriate locations and provide support for industrial uses that create jobs and enhance the economy of Grover Beach
11.1 Industrial development. The City shall promote,
and assist in the maintenance and expansion of,
Grover Beach’s industrial sector
None. No implementation measures
for this policy.
11.2 Expansion and retention of industrial
businesses. The City will provide for the continuation
of existing and the development of additional
industrial uses that capitalize upon the existing and
emerging types of industries, offer opportunities for
the clustering of key economic sectors and maintain
the character and quality of the City. The City should
pursue establishing a connection to the Pacific
Crossing access hub and promote the unique
opportunity it affords for high technology businesses.
None. No implementation measures
for this policy.
11.3 Location of industrial development. New
industrial development shall be located generally
south of Farroll Road, east of Highway One and west
of 13th Street and in the 4th Street corridor south of
Rockaway along the railroad tracks.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
Maintain truck routes to minimize traffic
through residential neighborhoods.
Ongoing as part of the
development review process.
Ensure emergency access is maintained,
especially at the south end of Huber at
Highland Avenue.
Ongoing as part of the
development review process.
11.4 Clean industries. The City shall promote the
development of clean or green industries that use
sustainable production practices and identify and
promote the use of alternative and clean
technologies and do not pose health risks associated
with water and air pollution or potential leaks or
spills.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
11.5 Live-work settings. The City will promote the
establishment of live-work settings in industrial
districts.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
Policy Implementation Measure Status
11.6 Compatibility of new industrial development.
Where new industrial development adjoins a
residential neighborhood, the buildings should be
placed at the front of the site with landscaping
provided between the building and the sidewalk.
Storage and loading areas and outdoor activities
should be located on the interior of the site and
screened from public view.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
The City should consider assisting
businesses in providing site
improvements that lessen impacts on
surrounding residential areas, and
consider providing assistance with
relocation when the impacts cannot be
removed.
Funding no longer available
with the dissolution of the
Improvement Agency.
Goal LU-12: To establish and maintain a public park system and recreation facilities suited to the needs of Grover Beach residents and visitors.
12.1 Park land requirements for development. New
development shall be required to assist in meeting
the City’s standard for parkland acres per 1,000
residents.
Implement the measures provided in the
Parks and Recreation Element.
Ongoing as part of the
development review process.
Review development projects for
consistency with the above policy and
other relevant provisions of State law
relating to the provision of park land.
Ongoing as part of the
development review process.
Goal LU-13: To designate adequate land for development of public and quasi-public uses to support existing and new residential, commercial, and industrial land uses.
13.1 Land for public facilities. The City shall
designate adequate, appropriately-located land for
City, County, School District, and health care
facilities.
Amend the Land Use Diagram as needed
to provide suitable building sites for public
facilities.
Completed: Land Use Element
adopted February 2010.
13.2 Clustering of public facilities/joint use. The City shall promote the clustering of public and quasipublic uses such as schools, parks, libraries, child care facilities, and community activity centers. Jointuse of public facilities shall be promoted, and agreements for sharing costs and operational
responsibilities among public service providers shall
be encouraged.
Review the siting of public facilities for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
13.3 Public safety facilities. The City shall pursue the development of additional public safety facilities as
needed to serve the growing population.
Amend the Land Use Diagram as needed
to provide suitable building sites for public
facilities.
Completed: Development
Code adopted October 2012.
Incorporate needed public facilities as
part of the CIP.
Ongoing as part of the annual
review of the Capital
Improvement Program.
Goal LU-14: To ensure continued compliance with the requirements of the Oceano Airport Land Use Plan (OCALUP).
14.1 Airport Land Use Plan. Development within the
City’s General Plan area shall be permitted only if it
is consistent with the Oceano Airport Land Use Plan.
Prospective buyers of property subject to airport
influence shall be so informed.
Development Projects must be reviewed
and found consistent with the policy and
OCALUP.
Ongoing as part of the
development review process.
Prior to enacting certain ordinances and
actions (general plan and general plan
amendments, zoning ordinances and
building codes and modification thereof)
pertaining to lands within the airport land
use planning areas, such actions shall be
referred to the Airport Land Use
Commission for approval.
Ongoing as part of the
ordinance amendment process.
Goal LU-15: Preserve areas designated Urban Reserve (the Strawberry Field) in agriculture until such time as urban development is initiated by the property owner.
15.1 Timing of development. Until such time as the
property owner initiates an application for a general
plan amendment, the Strawberry Field area should
remain designated Urban Reserve.
None. No implementation measures
for this policy.
Policy Implementation Measure Status
15.2 Development preceded by a specific plan.
Development of the Strawberry Field shall be
preceded by the adoption of a specific plan as
prescribed by Government Code ‘65451. In addition
to addressing all of the requirements of Government
Code ‘65451, the specific plan shall address at least
the following:
a. The appropriate boundaries of the area to be
included within the specific plan area. The properties
along 4th Street could be considered for inclusion in
the Specific Plan.
b. A land use plan incorporating an appropriate
range and location of land uses. Table LU-15.1 has
made assumptions regarding the appropriate mix of
future land use categories. However, the property
owner may propose modifying the mixture of uses
based on needs within the community.
c. A description of housing products. The specific
plan application shall describe the range of housing
products allowed within the project. The description
will include:
i. Building type (single-family detached, single
family attached, apartments, townhome, etc.);
ii. Gross residential density for each product type;
iii. Building elevations;
iv. Number of bedrooms;
v. Colors and materials;
vi. Tenure (for-sale, for rent);
Amend the Development Code to create
an Urban Reserve district.
Completed: Development
Code adopted October 2012.
When initiated by the property owner,
prepare and adopt a specific plan
consistent with the requirements in the
policy.
Will be reviewed as part of the
development review process.
15.2 continued
d. Specific Plan. Design guidelines for new
development that address at least the following:
i. Architectural character, and especially the
placement of buildings on a lot and how buildings
relate to the street
ii. Conceptual building elevations for each product
type including color palette, materials, etc.
iii. Site planning
iv. Parking and access
v. Landscaping
vi. Signage
e. Development standards, including a list of allowed
and conditionally allowed uses;
f. Public and private (off-street) parking;
g. A mobility plan for motor vehicles, pedestrians,
bicycles, transit, and the physically impaired;
h. A plan for implementation;
Review development projects for
consistency with the specific plan
following adoption.
Will be reviewed as part of the
development review process.
15.3 Farmland preservation. The City shall continue
to work with the County and other jurisdictions to
implement conservation strategies that preserve
productive farmland.
Adopt and implement a Right To Farm
Ordinance or provide protection as
provided in state regulations including AB
2881 and California Nuisance Code (Civil
Code Section 3479 et.seq.)
Implemented through AB 2881.
Adopt and implement an Agricultural
Conservation Program to help mitigate
the permanent conversion of productive
farmland to a non-agricultural use.
Will be considered as part of
future development of the Okui
property.
Goal LU-16: Deleted
Policies 16.1 through 16.17 Deleted
Policy Implementation Measure Status
Goal LU-17: To ensure continued compliance with the California Coastal Act.
17.1 Local Coastal Program. The City will adhere to,
and implement, the policies and directives of the
California Coastal Act by implementing the certified
Local Coastal Program.
Amend the Local Coastal Program
consistent with this General Plan.
Completed: Coastal
Commission approved in
August 2014.
Comply with relevant provisions of the
Coastal Act as part of the development
review process.
Ongoing as part of the
development review process.
In reviewing and permitting proposed
development within the Coastal Zone, the
City will require public access when
appropriate or make the required finding
for why access is not being required.
Ongoing as part of the
development review process.
Goal LU-18: To provide for orderly, well-planned, and balanced growth community where the majority of residents can live, work and play, consistent with the limits imposed by the city's infrastructure and environmental constraints.
18.1 Managing the pace of development. The City
shall ensure that urban development proceeds in an
orderly fashion and in pace with the expansion of
public facilities and services, including schools.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
18.2 Managing the relationship between jobs and
housing. The City shall monitor residential and nonresidential development and encourage adjustments as necessary in land use designations and the rate
of project approvals to promote a reasonable
citywide balance between new employmentgenerating development and housing development and to minimize traffic impacts.
Develop an inventory of the total number
of jobs within the City.
Has not been developed due to
staff resources.
18.3 Status of land prior to urban development. Land
within the General Plan Area shall ultimately be
developed to urban standards described in this
Chapter. Pending connection to City services, such
land shall remain in agricultural, open space, or other low intensity uses.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
18.4 Regional planning. The City will encourage
regional planning and growth management
throughout the County, and in cooperation with
neighboring cities. The City should coordinate
planning with neighboring communities, San Luis
Obispo County, and the San Luis Obispo Council of
Governments (SLOCOG) to craft regional solutions
for regional issues such as affordable housing and
transportation funding.
Actively participate in the regional
planning programs (but are not limited
to): the Community 2050 project,
Regional Housing Needs Allocations,
Development of the Sustainability
Community Strategies required by
SB375, Greenhouse Gas inventories and
a Climate Action Plan that recognizes the
regional nature of air quality concerns,
the Regional Transportation Plan and the
Air Quality Management Plan.
Ongoing.
Goal LU-19: To promote the development of a coherent and distinctive physical form and structure that reflects Grover Beach's small-town qualities and beach-orientation.
19.1 Preserve neighborhood qualities. The City shall
seek to preserve the vital qualities of existing, stable residential neighborhoods and shall promote the
development of new residential neighborhoods with
these same qualifies.
None. No implementation measures
for this policy.
19.2 Link and define neighborhoods. The City shall
use the circulation system and the pedestrian and
bicycle pathway system as important structural
elements to link and define neighborhoods and
districts in Grover Beach.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
Incorporate roadway, pedestrian, transit
and bicycle circulation facilities as part of
the CIP.
Ongoing as part of the annual
review of the Capital
Improvement Program.
Continue citywide efforts to infill and
improve curb, gutter, and sidewalks
through private development projects,
CDBG architectural barrier removal
projects and programs such as Safe
Routes to School.
Ongoing.
Policy Implementation Measure Status
Goal LU-20: To preserve the existing community character and fabric and promote the development of neighborhoods and commercial and industrial districts that emphasize pedestrian convenience
20.1 Overall design objectives for commercial and
mixed-use development. The design of new
commercial and mixed-use development should
work toward achieving the following objectives:
a. Consider Grover Beach’s small town scale and
demonstrate sensitivity to the design context of the
surrounding area.
b. Avoid “boxy” structures with large, flat wall planes by articulating building forms and elevations to
create interesting roof lines, building shapes, and
patterns of shade and shadow.
c. Provide landscaping as a project amenity, and to
help screen parking, equipment and storage areas.
d. Provide site access, parking and circulation that is planned in a logical, safe manner that avoids
awkward or cramped turning movements.
e. Consider the need for signs and their appropriate
scale and locations early in the design process, so
that they are not an afterthought.
f. Design spaces for outside equipment, trash
receptacles, storage, and loading areas in the least
conspicuous part of the site.
g. Mitigate the potential nuisance impacts of placing
dwellings in proximity to non-residential development
whether they are placed within the same building,
within the same site, and between commercial and
residential sites.
None. No implementation measures
for this policy.
20.2 Pedestrian amenities for commercial areas.
New commercial and office development should
promote walking, bicycling and public transit,
especially in the central business district/civic center and the west Grand Avenue/beach area.
None. No implementation measures
for this policy.
20.3 Overall design objectives for industrial
development. The design of new and redeveloped
industrial projects should incorporate the following
elements:
a. Easily identifiable site access;
b. Service areas located at the sides and rear of
buildings;
c. Convenient access, visitor parking and on-site
circulation;
d. Screening of outdoor storage, work areas, and
equipment;
e. Emphasis on the main building entry and
landscaping;
f. Placement of buildings to provide plazas and
courtyards;
g. Landscaped open space.
h. A variety of building and parking setbacks to avoid
long monotonous building facades and to create
diversity within the project.
i. An architectural style appropriate for the business
type. Buildings should project an image of high
quality through the use of appropriate durable
materials and well landscaped settings.
None. No implementation measures
for this policy.
20.4 Protect residential neighborhoods. Commercial
and industrial development adjacent to existing
residences should be designed to adequately protect
the residential use from the impacts of noise, light,
vehicular traffic, privacy, and operational hazards.
None. No implementation measures
for this policy.
Policy Implementation Measure Status
20.5 Transit facilities. New development (including,
but not limited to, commercial and mixed-use
centers, industrial parks, and residential
neighborhoods) should incorporate facilities to
promote the use of public transit, such as bus
turnarounds and drop-offs where appropriate.
None. No implementation measures
for this policy.
20.6 Architecture. No particular architectural style or design theme is required in the City nor can Grover
Beach be defined by any one particular architectural
style. A wide range of architectural characteristics
adds to the City’s overall image. While variety in
design is generally encouraged, the compatibility of
new projects with the existing built environment
should be a priority. The goal is to preserve not only
the beach flavor of the community but, equally
important, its scale and ambience. “Canned” or
“trademark” building designs and signs used by
franchised businesses in other cities may not be
acceptable in Grover Beach, as they can collectively
have the effect of making the portions of the City
look like anywhere in California.
None. No implementation measures
for this policy.
20.7 Neighborhood design. The City shall promote
the creation of well-defined residential
neighborhoods in newly-developing and existing
areas. Each of these neighborhoods should have a
clear focal point, such as a park, school, or other
open space and community facility, and should be
designed to promote pedestrian convenience. To this
end, the City shall encourage the use of existing
Grover Beach neighborhoods, including the grid
street system, as models for the planning and design
of new residential neighborhoods. Design of
proposed development should address low impact
development opportunities in accordance with the
Storm Water Management Plan discussed in policy
LU 16.8.
None. No implementation measures
for this policy.
20.8 Qualities desired in residential development.
Residential projects should provide:
a. Privacy, for occupants and neighbors of the
project;
b. Adequate usable outdoor area, sheltered from
noise and prevailing winds, and oriented to receive
light and sunshine;
c. Use of natural ventilation, sunlight, and shade to
make indoor and outdoor spaces comfortable with
minimum mechanical support;
d. Pleasant views from and toward the project;
e. Security and safety;
f. Separate paths for vehicles and for people, and
bike paths along collector streets;
g. Adequate parking and storage space;
h. Noise and visual separation from adjacent roads
and commercial uses.
i. Design elements that facilitate neighborhood
interaction, such as front porches, front yards along
streets, entryways facing public walkways, and
building design and orientation to minimize the
prominence of the garage door.
None. No implementation measures
for this policy.
20.9 Building height of residential infill development.
The height of residential infill projects should be
consistent with that of surrounding residential
structures, and incorporate features to protect
existing views and privacy where reasonable. Where
greater height is desired, an infill structure should set back the upper floors from the edge of the first story
to reduce impacts on adjacent properties.
Review development projects for
consistency with policies 20.1 thru 20.9
as part of the development review
process.
Ongoing as part of the
development review process.
Policy Implementation Measure Status
Goal LU-21: To maintain and enhance the quality of Grover Beach's landscape and streetscape, and to improve the appearance of the City's gateways.
21.1 Street trees. The City shall endeavor to protect
the urban forest created by mature trees in existing
developed areas and in newly developing areas.
None. No implementation measures
for this policy.
21.2 Boulevard planting. The City shall establish,
extend and reinforce major street tree/boulevard
plantings to enhance the visual character of special
and important streets within Grover Beach, including
Grand Avenue, Oak Park Boulevard, 4th Street and
13th Street.
None. No implementation measures
for this policy.
21.3 Landscaped medians. The City shall identify
appropriate streets for inclusion of landscaped
medians.
Incorporate streetscape improvements as
part of the City's CIP.
Ongoing as part of the annual
review of the Capital
Improvement Program.
Review street tree requirements and the
list of appropriate trees.
Has not been drafted due to
staff resources.
Create Heritage Tree List. Has not been drafted due to
staff resources.
Review the Tree Removal policies to
ensure they are preserving significant
trees.
Has not been drafted due to
staff resources.
Evaluate the extension of medians along
4th Street at Grand Avenue.
New medians on West Grand
included in the Capital
Improvement Program.
21.4 Gateways. The City should establish a program
for improving the appearance of the City’s gateways,
including north 4th Street, Oak Park Boulevard, State
Route 1 and Grand Avenue.
Prepare and implement a Gateway Plan
and Way finding Signage Program for
major gateways to the community.
Wayfinding Signage Program
completed in 2019.
Incorporate gateway improvements as
part of the City's CIP.
Ongoing as part of the annual
review of the Capital
Improvement Program.
Goal LU-22: Provide for a stable economic base to sustain a range of employment and business opportunities to generate sufficient revenues to support adequate levels of public services.
22.1. Business and employment. The City will retain
and expand existing businesses and work to attract
new businesses to improve employment
opportunities and the range of goods and services
available to the community.
Continue to update and maintain the
City's Economic Development Strategy.
An update of the Economic
Development Strategy was
completed in 2017.
Create and maintain a business retention
and attraction program.
Included in the Council adopted
2021-23 goals.
Implement the recommendations of the
Technology Master Plan.
Construction of Phase I has
been completed.
Periodically review City regulations and
processes to ensure they support
economic development opportunities.
Ongoing as staff resources
allow.
Continue working with economic
development partners such as the
Chamber of Commerce, Economic
Vitality Corporation, and tourism
organizations.
Ongoing.
22.2. Expand industrial sector. The City will
continue to facilitate development /redevelopment of
the City’s industrial areas.
Provide the necessary infrastructure to
serve the industrial area south of Farroll
Road.
Ongoing as part of the annual
review of the Capital
Improvement Program.
Implement the recommendations of the
Technology Master Plan.
Construction of Phase I has
been completed.
Pursue opportunities for recruiting
targeted industries that would compliment
existing businesses or create new job
opportunities.
Ongoing as staff resources
allow.
Goal LU-23: Create an identity for the City that will enhance its image as a tourist destination
23.1. Promote the City’s image. The City will
promote the City’s tourist amenities including the
Oceano Dunes State Vehicular Recreational Area,
Pismo State Beach, monarch butterfly preserve, and
Amtrak train service.
None. No implementation measures
for this policy.
Policy Implementation Measure Status
23.2. Gateways. The City will establish entry
monuments at major City entrances to identify
Grover Beach, and provide signage directing visitors
to key amenities such as the train station and dune
access.
Implement a marketing strategy to
promote the City.
Ongoing as staff resources
allow.
Work with the Chamber of Commerce to
increase the marketing of the City.
Ongoing as staff resources
allow.
Prepare and adopt a City Gateway and
Way finding Signage Program.
Completed: Wayfinding
Signage Program completed in
2019.
Goal LU-24: To establish and maintain a supportive business climate and a healthy, sustainable economy
24.1 Small businesses. The City should encourage
establishment of small businesses, including
minority- and women-owned businesses.
Policies 24.1 thru 24.7 will be
implemented by continuing to implement
the Economic Development Strategy, the
Improvement Project and Industrial
Enhancement Project.
Ongoing as part of Chamber
contract.
24.2 Economic sustainability. The City shall work to
attract and retain long-term, economically
sustainable businesses.
24.3 Evaluate fiscal impacts. The City should
evaluate the fiscal impacts of new major
development to encourage a pattern of growth that
will allow the City to provide high standards of public services, facilities, and infrastructure.
24.5 Regional cooperation. The City shall work with
other cities, San Luis Obispo County, and local and
regional economic development entities to expand
and improve the economic sustainability of the
region.
Policies 24.1 thru 24.7 will be
implemented by continuing to implement
the Economic Development Strategy.
Ongoing as part of Chamber
contract.
24.6 Partnerships. The City should partner with the
Chamber of Commerce to promote downtown and
the City’s cultural, entertainment, and commercial
center and the development of a Visitor-Service
Corridor that will provide for accommodations,
shopping and services for visitors to the city and
region.
24.7 Entrepreneurship. The City will support local
efforts to create new products, services and
businesses.
Goal LU-25: To promote a diverse and balanced mix of employment opportunities
25.1 Jobs-to-housing ratio. The City shall maintain
an adequate supply of retail, business, and industrial
land to improve the ratio of jobs to housing.
None. No implementation measures
for this policy.
25.2 Workplace alternatives. The City shall
encourage the use of alternative workplaces (such
as live-work settings) by making land use
designations and development codes compatible
with qualified home-based businesses (home
occupations) and telecommuting in all residential
areas, subject to City Codes and regulations.
None. No implementation measures
for this policy.
Goal LU-26: To promote the sustainable use of resources
26.1 Commute reduction. The City shall promote the
expansion of employment opportunities in Grover
Beach to reduce the volume and distance of hometo-work commute trips by motor vehicle.
Amend the Land Use Diagram as needed
to accommodate expansion of
employment in Grover Beach.
The Council has not directed
staff to amend the Land Use
Diagram.
Monitor the pace of employment and
housing growth to better balance jobs
with housing.
Ongoing as staff resources
allow.
26.2 Conservation of land resources. The City
should encourage the efficient utilization of limited
land resources by encouraging development at the
upper end of the permitted Development
Code/General Plan residential density where
appropriate. Using land efficiently offers a number of
advantages, including:
• Reducing pressure to convert agricultural or open
space land to urban use;
• Higher residential densities have a lower land cost
per unit, which helps to hold down housing costs;
• Infill development facilitates the use of alternate
modes of travel, such as walking and bicycling which
in turn reduces traffic and improves air quality.
The policy will be implemented as part of
the development review process.
Ongoing as part of the
development review process.
Policy Implementation Measure Status
26.3 Water conservation. To minimize the need for
the development of new water sources and facilities
and sewer treatment needs, the City shall promote
water conservation both in City operations and in
private development.
Implement the Urban Water Management
Plan. Ongoing.
Continue to promote the use of drought
tolerant landscaping.
Ongoing as part of the
development review process.
Evaluate the collection of fresh water in
rain-barrels.
The California Plumbing Code
contains standards for
rainwater catchment systems.
Support storm drainage systems that
would keep runoff onsite through Low
Impact Design (LID) and
hydromodification approaches and
percolate into the groundwater.
Ongoing as part of the
development review process.
Consider restructuring water rates to
discourage high water use.
Ongoing as part of review of
the City's Water Shortage
Contingency Plan.
Educate the public of the benefits of
water conservation. Ongoing.
Goal LU-27: To reduce the emission of greenhouse gases and to promote energy efficiency
27.1 Greenhouse gas reduction goal. The City shall
work with the Air Resources Board and the San Luis
Obispo County Air Pollution Control District to
comply with statewide greenhouse gas reduction
goals as established in the Global Warming
Solutions Act of 2006 (AB 32) for 2020, and
subsequent goals.
Work with the Air Resources Board and
the SLO County APCD to comply with
statewide greenhouse gas reduction
goals as established by the Global
Warming Solutions Act of 2006 which
requires a reduction of emissions to the
1990 levels by the year 2020 and
additional reductions extending long-term
to 2050.
Completed: The Climate
Action Plan was adopted in
September 2014.
Complete the GHG emissions inventory
of municipal operations and the
community wide emissions. Using this,
develop the Climate Action Plan
consistent with the requirements of AB 32
and SB 375 (See policy LU-27.2). Such
a plan should consider City Participation
in the Climate Action Registry,
ridesharing programs and renewable
energy programs, and the potential
effects of sea level rise that may result
from climate change.
Completed: The Climate
Action Plan was adopted in
September 2014.
27.2 Climate Action Plan. The City shall comply with
the relevant provisions of State law (i.e. AB 32 and
SB 375) to minimize the effect of citywide
greenhouse gas emissions associated with buildout
of the General Plan. This shall be achieved through
the preparation and implementation of a Climate
Action Plan.
Completed: The Climate
Action Plan was adopted in
September 2014.
27.3 Sustainable government buildings. All new, or
major renovations to, City buildings shall be
designed and constructed to meet Leadership in
Energy and Environmental Design (LEED) Silver
rating requirements, or their equivalent. The City
should also evaluate the potential of the use of solar
photovoltaics on major city buildings.
The policy will be implemented as part of
the development review process.
Ongoing as part of the
development review process.
27.4 Greenhouse gas emissions from new
development. The City shall implement measures to
reduce the emission of greenhouse gases from new
development by:a. Discouraging auto-dependent
patterns of development;b. Promoting compact,
mixed-use, pedestrian-friendly, and transit oriented
development;c. Promoting energy-efficient building
design and site planning using either Build It Green
and LEED Silver standards for residential and nonresidential buildings, respectively; andd. Working to improve the ratio of jobs to housing.e. Incorporating
transit facilities in new development, and by
promoting transit use.
Implement the policies and programs of
the General Plan.
Ongoing as part of the
development review process.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
Policy Implementation Measure Status
27.5 Passive solar heating. To the extent feasible,
the City shall require the orientation of buildings to
accomplish the following:
a. Maximize passive solar heating during cool
seasons;
b. Avoid solar heat gain in warm seasons;
c. Enhance natural ventilation and effective use of
daylight;
d. Maximize opportunities for the installation of solar panels;
e. Facilitate the use of sunlight for direct heating and illumination whenever possible; and
f. Take advantage of natural ventilation and shading
to cool a building.
Review development projects for
consistency with the policy as part of the
development review process. The City
shall develop a checklist to assist
applicants in identifying how their project
can/does incorporate those features.
Ongoing as part of the
development review process.
27.6 Energy-saving elements efficiency. The use of
exterior shading devices, skylights, daylighting
controls, high performance glazing that allows the
transmission of light with minimal heat gain, and high
thermal mass building components is encouraged.
Review development projects for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
27.7 Environmentally responsible government
purchasing. The City shall, in its purchasing of
products, equipment, or services, give preference to
those which reduce or eliminate indirect greenhouse
gas emissions.
Amend purchasing practices consistent
with the policy.
Staff is in process of updating
purchasing policies.
27.8 Life-cycle costing. The City shall incorporate the method of life-cycle costing to determine the most
energy-efficient equipment and systems for its
buildings and operations.
Amend life cycle costing practices
consistent with the policy.
Has not been drafted due to
staff resources.
27.9 APCD cooperation. The City shall work with the
San Luis Obispo Air Pollution Control District to
ensure the earliest practicable attainment and
subsequent maintenance of federal and state
ambient air quality standards, and will ensure to the
extent possible that sensitive receptors (at risk
population groups) are located away from freeway
corridors, rail yards, gasoline facilities, dry cleaners, etc., consistent with the recommendations of the
District’s Air Quality and Land Use Handbook: A
Community Health Perspective, as prepared by the
Air Pollution Control Board.
None. No implementation measures
for this policy.
27.10 CEQA. The City shall use the CEQA process
to identify and avoid or mitigate potentially significant air quality impacts of new development. The CEQA
process shall be used to ensure early consultation
with the San Luis Obispo Air Pollution Control District concerning air quality issues associated with specific
development proposals. The City will use the most
recent APCD version of the APCD CEQA Guidelines
to mitigate for asbestos and other air quality
emissions.
None. No implementation measures
for this policy.
LU-28: Goal LU-28: Economic opportunities, fair housing opportunities, and the elimination of discrimination for all socioeconomic groups.
LU-28.1. Attract and retain a mix of diverse
businesses and industries that provide jobs for
residents of all skill and education levels to support a vibrant community.
None. No implementation measures
for this policy.
LU-28.2. Enforce all fair housing laws to ensure
housing opportunities for all races, gender identifies, and socio economic classes
None. No implementation measures
for this policy.
LU-28.3. Encourage business and industries to
partner with the South County Chamber of
Commerce and the San Luis Obispo County
Economic Vitality Corporation to provide training and
other skills that train local residents to match needed workforce skills.
Provide multi-lingual business resources
for existing and prospective businesses
through the Chamber of Commerce and
other small business organizations.
Has not yet been implemented.
Policy Implementation Measure Status
Goal LU 29: Opportunities for inclusion in governmental processes, programs, and decisions.
LU-29.1. Support programs in the community that
promote inclusion from different socio-economic
groups on policies and programs that affect
residents.
None. No implementation measures
for this policy.
LU-29.2. Provide transparent decision-making
processes that facilitate public engagement of
diverse stakeholders.
Identify and contact nonprofit
organizations to seek feedback on the
City’s public information.
Has not yet been implemented
Goal LU 30: Reduction of any potential environmental burdens that may affect low-income and minority populations.
LU 30.1. Identify assistance resources such as the
SLO County Air Pollution Control District (SLOAPCD)
for existing sensitive receptors experiencing adverse
air quality issues to incorporate measures to improve
air quality such as separation/setbacks, landscaping,
barriers, ventilation systems, air filters/cleaners and other measures.
None. No implementation measures
for this policy.
LU 30.2. Encourage existing and new commercial
and industrial businesses to incorporate the latest
technologies to reduce pollution.
Provide multi-lingual business resources
for existing and prospective businesses
through the Chamber of Commerce and
other small business organizations.
Has not yet been implemented.
Goal LU-31: Fair and equitable distribution of public amenities and facilities.
31.1 Public Facilities. The City shall ensure that
public facilities are equitably distributed throughout
the city, avoiding over-concentration in areas that are well-served, and shall ensure that facility location
and design are compatible with nearby land uses.
Review the siting of public facilities for
consistency with the policy as part of the
development review process.
Ongoing as part of the
development review process.
Goal LU-32: Ensure that the City's General Plan is maintained to be an accurate guide for development and resource conservation.
32.1 Review of policy document. The City shall
review the General Plan on an annual basis to retain
internal consistency and consistency with other
Federal, State and local regulations and policies.
Implement policies 29.1 thru 29.6 as
stated.
Ongoing as part of the Annual
Progress Report of the Status
of the General Plan.
32.2 Annual Report. The City will prepare an annual
report apprising the Planning Commission and City
Council of the status and effectiveness of the
General Plan. The report should detail how the
goals, objectives, policies, and implementation
programs have been achieved.
Ongoing as part of the Annual
Progress Report of the Status
of the General Plan.
32.3 General Plan amendments. The General Plan
shall be amended no more than four times per year.
Each amendment, however, may include multiple
changes.
Ongoing as part of the
amendment process.
32.4. Major review of General Plan and supporting
materials. The City shall conduct a major review of
the General Plan, including the Policy Document and
background information, every five years and revise
it as deemed necessary.
Ongoing as part of the Annual
Progress Report of the Status
of the General Plan.
32.5 Capital Improvement Program. The City shall
prepare, adopt, and periodically update a five-year
Capital Improvement Program (CIP). The CIP shall
be reviewed for its consistency with the General
Plan.
Ongoing as part of the annual
review of the Capital
Improvement Program.
32.6 Ordinance amendments. The City shall review
and amend, as necessary, the Development Code
and Subdivision Ordinance to ensure consistency
with the General Plan.
Ongoing.
City of Grover Beach
Land Use Element Master EIR Implementation Progress Report 2021
No. Implementation Measure Policies Responsibility
Timeframe
Status
NearTerm
<5yrs
MidTerm
<10yrs
LongTerm
>10yrs Ongoing
1 The City will apply the goals, policies
and programs of the General Plan
and Local Coastal Program.
All City Council,
City Staff
Ongoing as part of the
development review
process.
2 The City shall review and revise as
necessary the Local Coastal
Program to ensure consistency with
the General Plan and California
Coastal Act
LU-17.1
City Council,
Community
Development
Department
Completed: Coastal
Commission approved the
Local Coastal Program
Amendment in August
2014.
3 Deleted
4 The City shall review and revise, as
necessary, the Development Code
and Subdivision Ordinance to
accomplish the following purposes:
a. Ensure consistency with the
General Plan in terms of zoning
districts and development
standards.
b. Ensure consistency with the
General Plan in terms of the
distribution and boundaries of
zoning districts.
c. Create separate new zoning
districts to adequately implement
the General Plan.
d. Accommodate live/work units and
establish performance criteria for
such units.
e. Ensure consistency with ALUP.
All
City Council,
Community
Development
Department
Coastal Commission
approved the Development
Code in August 2014. All
items completed except the
updating of the Subdivision
Ordinance.
5 The City shall prepare and adopt
master development plans (e.g.,
specific plans and planned unit
development plans) as deemed
necessary for new development
areas.
LU-1.2,
LU-1.3,
LU-3.4,
LU-5.1,
LU-15.2
City Council,
Community
Development
Department
Ongoing as part of the
development review
process.
6 The City shall develop a program to
monitor residential and nonresidential development to promote a reasonable balance between jobs
and housing.
LU-18.1,
LU-18.2,
LU-25.1
City Council,
Community
Development
Department
Ongoing. Staff monitors
new residential and
commercial development.
The City continues to
promote job growth,
however, as a bedroom
community the City
continues to have an
imbalance with more
housing than jobs.
7 The City shall continue to seek
grants for the funding of efforts to
achieve the objectives outlined in the
General Plan.
All All departments Ongoing.
8 The City shall continue to implement
an economic development strategy
to attract new commercial
development and industry to Grover
Beach and to expand tourism. The
active promotion of its industrial
parks and the support of minorityand women-owned small businesses shall be a part of this strategy.
LU-22.1,
LU-22.2,
LU-23.1,
LU-24.1,
LU-24.2
City Council,
Economic
Development
Ongoing.
Appendix 2
No. Implementation Measure Policies Responsibility
Timeframe
Status
NearTerm
<5yrs
MidTerm
<10yrs
LongTerm
>10yrs Ongoing
9 The City shall establish and maintain
a program to monitor the fiscal status
of the City as it relates to the
implementation of the General Plan.
LU-24.3
City Council,
Economic
Development,
Finance
Department
Ongoing.
10 The City will continue to implement a
program for the placement and
maintenance of street trees
throughout the City, and especially
along its major thoroughfares.
LU-21.1,
LU-21.2,
LU-21.3
Public Works,
Parks and
Recreation
Departments
Ongoing as part of the
annual budget adoption
process.
11 The City shall prepare, adopt and
implement a Climate Change Action
Plan to ensure compliance with State
and federal regulations relating to
climate change.
LU-27.2
City Council,
Community
Development
Department
Completed: The Climate
Action Plan was adopted in
September 2014.
Implementation is ongoing.
12 The City shall implement a program
for streetscape improvements,
especially along Grand Avenue, to
provide landscaping, seating, lighting
and other pedestrian amenities.
LU-5.1,
LU-6.1,
LU-6.5,
LU-7.4,
LU-7.7
City Council,
Community
Development
Department
Ongoing as part of the
annual review of the Capital
Improvement Program.
13 The City will prepare a plan for
strengthening the appearance of the
City’s gateways.
LU-21.4
City Council,
Community
Development
Department
Wayfinding Signage
Program completed in
2019.
14 The Planning Commission shall
review the General Plan Policy
Document every two years, focusing
principally on actions undertaken in
the previous two years to carry out
the implementation programs of the
Plan. The Planning Commission’s
report to the City Council shall
include, as the Commission deems
appropriate, recommendations for
amendments to the General Plan.
This review shall also be used to
satisfy the requirements of Public
Resources Code §21081.6 for a
mitigation monitoring program.
LU-29.1,
LU-29.2
Community
Development
Department,
City Council,
Planning
Commission
Reviewed annually as part
of the Annual Report on the
Status of the General Plan.
15 The City shall conduct a major
review of the General Plan, including
the Policy Document and
Background Report, every five years
and revise it as deemed necessary.
LU-29.4
Community
Development
Department,
City Council,
Planning
Commission
The Housing Element and
the Conservation and Open
Space Elements were
updated in 2020. The
Safety Element update will
be completed in 2022.
16 The City shall prepare, adopt, and
periodically update a Capital
Improvements Program (CIP).
LU-29.5
City Council,
Community
Development
Department,
Public Works
Department
The CIP is updated
annually.
17 The City will continue to implement
the façade improvement program. LU-20.1
Community
Development
Department
This program was funded
by Improvement Agency
funds. Therefore, due to
the dissolution of the
Improvement Agency by the
State in January 2012, this
program is no longer
funded.
18 The City shall prepare (or cause to
be prepared) a master plan for the
Grand Avenue corridor.
LU-5.1
Community
Development
Department,
City Council
Completed: The West
Grand Avenue Master Plan
was adopted in January
2011.
No. Implementation Measure Policies Responsibility
Timeframe
Status
NearTerm
<5yrs
MidTerm
<10yrs
LongTerm
>10yrs Ongoing
19 When initiated by the property owner,
the City will prepare (or cause to be
prepared) a specific plan for the
Strawberry Field area as prescribed
by Government Code 65451 to
address the following minimum
issues:
a. The appropriate boundaries of
properties to be included within the
specific plan area.
b. The appropriate mix and location
of land uses
c. Design guidelines for new
development
d. Development standards, including
a list of allowed and conditionally
allowed uses;
e. Public and private (off-street)
parking;
f. A mobility plan for motor vehicles,
pedestrians, bicycles, transit, and
the physically impaired;
a. g. A plan for implementation.
LU-15.2
Community
Development
Department,
City Council
Will be required as part of
the development review
process.
20 The City should encourage county,
state and other agencies to locate
facilities in proximity to the existing
City Hall to create a Civic Center that
would meet the needs of the
residents, businesses and visitors to
the City.
LU-7.2
City Council,
Community
Development
Department,
Economic
Development
Ongoing.
21 The City shall partner with
community service agencies and
organizations to fund energy efficient
projects for low income residents.
Eligible projects include but are not
limited to the installation of heating,
ventilation, and air-conditioning
systems, lighting, water heating
equipment, and insulation and
weatherization.
LU-27.2,
LU-27.4
City Council,
Community
Development
Department
Ongoing as part of the
Climate Action Plan
implementation as staff
resources and funding
allow.
22 The City shall consider adopting a
program to provide incentives for
projects that make an existing home
or business more energy-efficient.
Eligible projects include but are not
limited to the installation of solar
panels, tankless water heaters, and
highly energy-efficient heating,
ventilation, and air-conditioning
systems.
LU-27.2,
LU-27.4,
LU-27.5
City Council,
Community
Development
Department
Completed: The Master
Fee Schedule update in
2013 included reduced fees
for these types of projects.
23 The City shall investigate options for
providing low-interest financing for
energy efficient improvements and
solar system installation for
residents. Such financing could take
the form of long-term assessments
on individual property tax bills.
LU-27.2,
LU-27.4,
LU-27.5
City Council,
Community
Development
Department
Completed: The City has
three PACE providers
which offer low-cost
financing.
24 The City will use redevelopment to
help fund street calming
improvements and incorporate traffic
calming elements in the Capital
Improvement Program
LU-10.2,
LU-19.1,
LU-20.2
City Council,
Community
Development
Department
The Improvement Agency
was dissolved by the State
in January 2012. However,
grants and funding from the
General Fund are
considered annually as part
of the CIP update.
No. Implementation Measure Policies Responsibility
Timeframe
Status
NearTerm
<5yrs
MidTerm
<10yrs
LongTerm
>10yrs Ongoing
25 As part of Development Code
amendments necessary to
implement the General Plan, the City
will establish performance criteria for
noise, lighting, security, loading, etc.,
for live-work settings.
LU-11.5
City Council,
Community
Development
Department
Completed: Development
Code adopted October
2012. Coastal Commission
approved in August 2014.
26 The City will review the siting of
public facilities as part of the
development review process to
facilitate the clustering of facilities
and to take advantage of
opportunities for shared facilities.
LU-13.2
City Council,
Community
Development
Department
Ongoing as part of the
development review
process.
27 The City will prepare and adopt an
Urban Trail Plan. LU-16.6
City Council,
Community
Development
and Parks &
Recreation
Departments
A trails feasibility study was
completed in March 2010.
Funding sources for
preparing an Urban Trails
Master Plan have not been
identified.
28 The City will identify and map areas
subject to flood hazard within the City
consistent with FEMA requirements
and apply flood hazard protection
strategies as required by federal and
State law.
LU-16.7
City Council,
Community
Development
Department,
Public Works
Department
Ongoing. The City has an
adopted flood plain
ordinance and FEMA
provides updated flood
maps.
29 Deleted
30 The City will actively participate in
regional planning programs that
include (but are not limited to) the
Community 2050s, Regional Housing
Needs Allocations, Development of
the Sustainable Community
Strategies required by SB 375 to
meet the air quality reductions
required by state and federal
programs, greenhouse gas
inventories and a Climate Action
Plan that recognizes the regional
nature of air quality concerns, the
Regional Transportation Plan, the Air
Quality Management Plan
LU-18.4,
LU-27.9
City Council,
Community
Development
Department
Ongoing.
31 The City will work with ARB, SLO
County and the APCD to comply with
greenhouse gas reduction goals, in
part by preparing a Climate Action
Plan. Such a plan should consider
City participation in the Climate
Action Registry, the ICLEI (local
governments for sustainability),
ridesharing programs and renewable
energy programs, and the potential
effects of sea level rise that may
result from climate change.
LU-18.4,
LU-27.10
City Council,
Community
Development
Department
Completed: The City
adopted a Climate Action
Plan in September 2014.
Implementation is ongoing
as staff resources and
funding allow.
32 The City will consider amending its
purchasing and life cycle costing
practices to conserve non-renewable
resources and energy.
LU-27.8 City Council
The City has not yet
considered amending its
purchasing manual.
33 The City will actively advertise the
availability of funds available for
energy conservation improvements.
LU-27.1,
LU-27.4
City Council,
Building
Department
Completed: the City's
website provides links to
available energy
conservation improvement
programs.
No. Implementation Measure Policies Responsibility
Timeframe
Status
NearTerm
<5yrs
MidTerm
<10yrs
LongTerm
>10yrs Ongoing
34 The City will investigate options for
providing low-interest financing or
grants for energy efficient
improvements to residential,
commercial, and commercial
projects, including the use of federal
stimulus programs coupled with city
funding sources.
LU-27.1,
LU-27.4
City Council,
Community
Development
Department
Ongoing as part of the
Climate Action Plan
implementation as staff
resources and funding
allow.
35 The City will consider the waiver of
permit fees to encourage energy
efficiency, based upon budget
limitations.
LU-27.1,
LU-27.5
City Council,
Community
Development
Department
Completed: The Master
Fee Schedule updated in
May 2013 reduced fees for
these types of projects.
36 The City will prepare an annual
report apprising the Planning
Commission and City Council of the
status and effectiveness of the
General Plan. The report should
detail how the goals, objectives,
policies, and implementation
programs have been achieved.
LU 29.2
City Council,
Planning
Commission,
Community
Development
Department
This report is completed
annually.
37 The City shall prepare, adopt, and
periodically update a five-year
Capital Improvement Program (CIP).
The CIP shall be reviewed for its
consistency with the General Plan.
LU 29.5
City Council,
Community
Development
Department,
Public Works
Department
The CIP is updated and
reviewed annually.
38 The City shall adopt and implement a
Right To Farm Ordinance to provide
residents notification of the City’s
recognition of, and support for, the
right to farm, and to promote a good
neighbor policy by advising
purchasers of residential property,
and owners of other property in the
City, of the inherent potential
problems associated with the
purchase of such property.
LU 15.3
City Council,
Planning
Commission,
Community
Development
Department
The City has not yet
adopted an ordinance due
to staff resources but
implements the State law
as required.
39 The City shall develop an Agricultural
Conservation Program to help
mitigate the permanent conversion of
productive farmland to a nonagricultural use. Such a program will address at least the following:
• The establishment of a ratio of
comparable agricultural lands to be
permanently protected for each
acre of agricultural use, and
• Options for satisfying the required
ratio of preserved agricultural land
for each acre converted to a nonagricultural use. Such options may include, but are not limited to, the
payment of an in lieu fee sufficient
to purchase a farmland
conservation easement, farmland
deed restriction, or other farmland
conservation mechanism.
LU-15.3
City Council,
Planning
Commission,
Community
Development
Department
The City has not yet
considered adopting a
program due to staff
resources.
40 The City shall work with other
agencies to identify strategies for the
permanent protection of habitat for
rare and endangered species.
See
COS
Element
City Council,
Planning
Commission,
Community
Development
Department
Ongoing.
No. Implementation Measure Policies Responsibility
Timeframe
Status
NearTerm
<5yrs
MidTerm
<10yrs
LongTerm
>10yrs Ongoing
41 The City can provide relocation
assistance to businesses and
property owners in the Front Street
industrial area.
LU-6.8
City Council,
Community
Development
Department
The Improvement Agency
was dissolved by the State
in January 2012.
Therefore, the Agency no
longer can provide
relocation assistance.
42 To ensure that new development and
the redevelopment of existing sites
will adequately protect water quality,
reduce runoff volumes and pollutant
loads to the Maximum Extent
Practicable (MEP), the City shall
consider, and implement where
appropriate, low impact development
options and revisions to the City’s
water quality management
regulations consistent with the Storm
Water Management Program
adopted by the Regional Water
Quality Control Board.
LU-16.8
City Council,
Public Works
Department,
Community
Development
Department
Ongoing as part of
development review.
43 The City will also undertake longterm watershed planning and management activities in
coordination with adjoining cities,
San Luis Obispo County and State
Parks. The main objective of these
efforts is to ensure the protection of
water quality, beneficial uses of
water, and the biological and
physical integrity of watersheds and
aquatic habitat. The City will
consider amendments to the policies
and programs of the Land Use
Element and other General Plan
elements as necessary to
incorporate the findings and
recommendations of these
watershed planning efforts.
LU-16.8
City Council,
Public Works
Department,
Community
Development
Department
The City is involved in
ongoing programs to
protect the watershed.
44 The City shall adopt and implement
an Urban Storm Water Quality and
Discharge Control Ordinance.
LU-16.8
City Council,
Public Works
Department,
Community
Development
Department
Completed: The City
adopted stormwater
regulations in December
2013.
Amendments to Other General Plan Elements
46 Amend the Conservation Element to
incorporate relevant policies and
programs from the Land Use
Element.
LU-16.1-
LU-16.17
City Council,
Planning
Commission,
Community
Development
Department
Completed. The City
updated the Conservations
and Open Space Elements
in 2020.
47 Amend the Circulation Element to
incorporate the following policies and
programs:
No policy
references
City Council,
Planning
Commission,
Community
The Circulation Element will
be updated in 2023.
Policies:
No. Implementation Measure Policies Responsibility
Timeframe
Status
NearTerm
<5yrs
MidTerm
<10yrs
LongTerm
>10yrs Ongoing
Level of service standard. The City
shall endeavor to maintain a
minimum Level of Service “C”, as
defined by the 2000 Highway
Capacity Manual or subsequent
revisions, on all streets and
intersections within the city. To
identify the potential impacts of new
development on traffic service levels,
the City shall require the preparation
of traffic impact analyses at the sole
expense of the developer for
developments determined to be large
enough to have potentially significant
traffic impacts.
Development
Department,
Public Works
Department
The Circulation Element
has a minimum standard of
LOS C. Projects are
reviewed for traffic impacts
as part of the development
review process.
Traffic calming. Traffic calming
techniques, including roundabouts,
traffic circles, ‘chokers’ and chicanes,
shall be considered as an alternative
to traditional intersection controls.
Ongoing as a part of the
annual review of the Capital
Improvement Program.
Paving Surface. The City will
consider using rubberized asphalt or
open-grade asphalt where
appropriate to help lessen the noise
impacts of roadway traffic.
Ongoing as a part of the
annual review of the Capital
Improvement Program.
Programs:
Roadway Standards. The City shall
prepare roadway design standards
for new and existing streets, roads
and roundabouts. Such standards
should include right-of-way width,
roadway section design, and
dedication requirements for new
development to accommodate traffic
levels expected at buildout of the
General Plan. The roadway design
standards should be interpreted with
flexibility so that the roadways
provided are no wider than required
to maintain safe and efficient
circulation and access.
The City has adopted
roadway standards and
implementation is ongoing.
Safe Routes To School. The City
shall work with the School District
and other stakeholders to prepare a
Safe Routes To School Program for
each of the School Sites.
Ongoing. Several Safe
Routes to School projects
have been completed.
Near-Term = Within 5 Years
Mid-Term = Within 10 Years
Long-Term = 10 Years and Beyond
Jurisdiction Grover Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 12/31/2020 - 12/31/2028 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - -Non-Deed Restricted - - - - - - - - -Deed Restricted - - - - - - - - -Non-Deed Restricted 2 8 - - - - - - -Deed Restricted - - - - - - - - -Non-Deed Restricted 9 4 - - - - - - - Above Moderate 155 8 8 - - - - - - - 16 139
369
19 20 - - - - - - - 39 330
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 53 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
13 Moderate
91 57 66
Please contact HCD if your data is different than the material supplied here 10 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
91 47
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.Total RHNATotal Units Income Level
Very LowLow
Appendix 3
Jurisdiction Grover Beach
Reporting Year 2021 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
1.1 Adequate Sites
The City has an inventory of state, federal, and city-owned land and shall continue to analyze that land for possible housing sites. If appropriate sites are identified, the City shall approach developers and funding agencies to facilitate development of the sites for affordable housing and provide priority permit processing.
Update the database of vacant and underutilized land as needed, including when changes occur.
Updated as needed.
1.2 Planned Development Overlay (PDO) Zone
The City has a Planned Development Overlay Zone that applies City-wide. The purpose of this overlay zone is to facilitate better designed projects (e.g., innovative site planning, superior design) by allowing flexible and relaxed development standards, beyond what is permitted in the underlying zone. The City will implement the development standards outlined in the Planned Development Overlay Zone.
As development applications are submitted.
No Development Application requesting the use of the Planned Development Overlay processed.
1.3 Emergency Shelter Overlay Zone
Review the Emergency Shelter Overlay Zone for continued compliance with state law; evaluate the need to expand the overlay zone to other appropriate areas subject to the development standards in the Development Code.
Within two years of Housing Element adoption. Update to the Development Code in process with adoption anticipated in June 2022.
1.4 Partner with Housing Advocates
The City shall continue to work with other agencies and nonprofits that meet the needs of lower-income households, in particular extremely low-income households, including financial assistance and affordable housing projects. Projects to pursue include rehabilitation of underutilized motels or other commercial structures for conversion to permanent special needs housing. Potential local partnership opportunities include, but are not limited to, the Housing Authority of San Luis Obispo (HASLO), the San Luis Obispo County Housing Trust Fund, and Peoples’ Self-Help Housing. State funding may be available under the Project Homekey program.
Meet with agencies and nonprofits annually and ongoing.
The City is partnering with People's Self Help Housing and the Housing Authority of San Luis Obispo in the development of a 53 unit affordable multifamly development. PLHA funding has been allocated to the San Luis Obispo Housing Trust Fund.
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
1.5 No Net Loss
Government Code Section 65863 stipulates that a jurisdiction must ensure that its Housing Element inventory can accommodate its share of the RHNA by income level throughout the planning period. If a jurisdiction approves a housing project at a lower density or with fewer units by income category than identified in the Housing Element, it must quantify at the time of approval the remaining unmet housing need at each income level and determine whether there is sufficient capacity to meet that need. If not, the city must “identify and make available” additional adequate sites to accommodate the jurisdiction’s share of housing need by income level within 180 days of approving the reduceddensity project.The City will evaluate residential development proposals for consistency with goals and policies of the General Plan and the 2020-2028 Housing Element sites inventory and make written findings that the density reduction is consistent with the General Plan and that the remaining sites identified in the Housing Element are adequate to accommodate the RHNA by income level. If a proposed reduction of residential density will result in the residential sites inventory failing to accommodate the RHNA by income level, the City will identify and make available additional adequate sites to accommodate the its share of housing need by income level within 180 days of approving the reduced density project.
As necessary. No projects have been approved at a lower density.
1.6 Rezone to Meet RHNA
To address the 2020-2028 RHNA, the City shall
amend the General Plan and the Development Code, as needed, and as detailed in Section TR – 2 Resources and Opportunities to provide adequate site(s) for 29 very low- and lowincome units and allow 20 dwelling units per acre or greater on certain sites or in certain zones. There will be no minimum density on these sites. The City intends to amend the General Plan and the Development Code, per this program, for APNs 060-309-002 (rezone from RC to CBO), 060-156-031 (rezone from PF to R3), 060-156-011 (rezone from PF to R3), and 060-242-044 & 45 (rezone from PR to CBO, with a PDO that limits the use to an all affordable project). Rezoning will be completed prior to the start of the planning period, which is December 31, 2020.
Prior to December 31, 2020. This rezoning was completed prior to adoption of the housing element on November 16, 2020. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
1.7 State Employee Housing Act
To comply with the State Employee Housing Act (Health and Safety Code Sections 17021.5, the City will review the Development Code and amend it as necessary. Section 17021.5 requires the Development Code to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other singlefamily structures of the same type in the same zone in all zones allowing single-family residential uses.
Review Development Code by 2021. Make revisions by 2022.
Update to the Development Code in process with adoption anticipated in June 2022.
1.8 SB 2 Implementation
As part of the City’s Senate Bill (SB) 2 grant workplan the City plans to amend the Land Use Element and Development Code to allow more residential development without discretionary review (i.e., by right) which will include preparing objective design standards for residential uses allowed by right and mixed-use projects if allowed by right. This will also include the elimination of subjective development standards/policies which shall be replaced with objective design standards as required by Government Code Section 65589. The City will analyze how and where that should happen through a public process. In addition, the City will consider establishing an inclusionary housing ordinance and/or increased allowances for density bonuses above and beyond what is required by state law. The results of the input received during the public process will guide the approach to the changes to City regulations to achieve the goal of allowing and permitting more housing and a wider variety of housing.The City plans to develop the following products and planning processes using this funding:•Three prototype ADU building plans consistentwith the 2019 Residential Code that would fit ona typical City lot.• Development Code UpdatesoReview of current Development CodeoPublic Outreach Workshops and HearingsoDraft OrdinanceoObjective Design StandardsoCEQA Document Conduct analysis and outreach by Spring of 2021 and update regulations by Spring 2022.
Update to the Development Code in process with adoption anticipated in June 2022. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
3.1 Funding Availability
The City shall provide notice via the City website when CDBG or other funding is available and the process for applying to use any available City funds for affordable residential projects, as needed. The City will also continue to meet with affordable housing developers at the time funding becomes available.
Update website when information included needs updating. Schedule meetings when funding becomes available.
Updated as needed.
3.2 Density Bonus
The City will continue to offer density bonuses to developers and promote the density bonus through informational brochures which will be available at City Hall and on its website. The City will review its Development Code and update its density bonus ordinance to be compliant with current state law.
Promote density bonuses and provide information as applications are submitted and ongoing. Review Development Code by 2021 and complete revisions by 2022.
Update to the Development Code in process with adoption anticipated in June 2022.
3.3 Resources to Address Homelessness
Continue to partner with regional agencies and organizations to address homelessness challenges in the city and region. Continue to support local programs that provide resources to prevent evictions and rehouse those that are evicted or in need of housing through use of Section 8 vouchers, emergency solution grants and other programs.
Ongoing. Ongoing.
3.4 Child Care & Intergenerational Facilities
The City shall consider amending the Development Code to address childcare needs in conjunction with new housing and address the needs of seniors together with the needs of children. The City shall consider requirements such as the following:•Affordable housing developments include onsite childcare.•New developments with more than 50 housingunits or 50,000 square feet of commercial orindustrial space to prepare a Child CareFacilities Needs Assessment. The purpose ofthis assessment is to evaluate new childcaredemands created by new residents andemployees in relation to available community resources.
•Promote intergenerational facilities such assenior centers located in the same place with ornearby childcare centers.•After studying the options above, determinewhether a program will be established, andestablish and publicize program if initiated.
Within three years ofHousing Element adoption. Update to the Development Code in process with adoption anticipated in June 2022. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
4.1 Special Housing Needs
The City shall work with housing providers to ensure that special housing needs and the needs of lower-income households are addressed for farmworkers, seniors, large families, female-headed households with children, persons with disabilities (including developmental disabilities), extremely lowincome households, and homeless individuals and families. The City shall seek to meet these special housing needs through a combination of regulatory incentives, development standards, new housing construction programs, and supportive services programs. In addition, as appropriate, the City shall apply for or support others’ applications for funding under state and federal programs designated specifically for special needs groups.
Seek or support funding opportunities beginning in 2021–2022 and annually thereafter; meet annually with housing and special needs providers; all program components are ongoing.
The City is partnering with People's Self Help Housing and the Housing Authority of San Luis Obispo in the development of a 53 unit affordable multifamly development which includes housing for special needs households.
4.2 Low Barrier Navigation Centers
Per Assembly Bill 101 (2019) the City will review its Development Code and make revisions if necessary, to allow low barrier navigation centers for the homeless per Government Code 65660-65668.
Review Development Code by 2021 and complete revisions by 2022.
This is included in the update to the Development Code in process with adoption anticipated in June 2022.
4.3 Reasonable Accommodations
The City shall publish informational handouts for those seeking a reasonable accommodation from the strict interpretation of the zoning regulations. These informational handouts shall be made available at City Hall and on the City website.
Within one year of Housing Element adoption. Completed.
4.4 Public Facilities (PF) Zone
Presently one Single Family Dwelling per lot is allowed in the PF zone; however, per the City’s Development Code, Section 2.50.010, the PF zone applies to areas of the City appropriate for government owned facilities, schools and quasipublic uses. The City shall amend the Development Code to prohibit all residential uses in the PF zone.
Revise Development Code by December 31, 2022. Update to the Development Code in process with adoption anticipated in June 2022.
5.1 Grant Funding
The City shall continue seeking federal and state funds for loans and grants through programs such as the CDGB Program and the HOME Investment Partnerships Program (HOME) to assist with the construction of affordable residential projects for lower-income households (extremely low, very low, and low income).
Apply for funding as needed. City will review the 2022 CDBG NOFA for opportunities. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
5.2 Housing Rehabilitation
The City will offer support and resources as available to assist local private organizations to serve elderly, disabled, and disadvantaged persons in the repair and rehabilitation of their housing.
Meet with organizations annually. City continues to work with local organizations on housing rehabilitation opportunities.
5.3 Program Income
The City shall identify existing owner-occupied housing that received financial subsidy(ies) through programs such as CDBG for gap financing and track the term remaining on the financing. If funds are received, the City shall continue to administer a program to reallocate the funds for new affordable housing units or programs to assist lower- and moderate-income families, or as allowed by the funding.
Ongoing as funds become available Ongoing.
5.4 Residential Demolitions
To mitigate the loss of affordable housing units, new housing developments shall be required to replace all affordable housing units lost due to new development. The City will continue to comply with Government Code Sections 65590 et seq. that set forth the requirements for conversions, demolitions, and replacement housing in the coastal zone. In accordance with 65583.2 subdivision (g), the City also will require replacement housing units subject to the requirements of Government Code, section 65915, subdivision (c)(3) on sites identified in the site inventory when any new development (residential, mixed-use or nonresidential) occurs on a site that has been occupied by or restricted for the use of lowerincome households at any time during the previous five years. This requirement applies to:•Non-vacant sites•Vacant sites with previous residential uses thathave been vacated or demolished Ongoing, the replacement requirement will be implemented immediately and applied as applications on identified sites are received and processed, 2020–2028.
Ongoing as part of the demolition permit review process. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
6.1 Development Impact Fees
To encourage affordability by design, the City will modify development impact fees to index fees based on size of unit, providing lower fees for small units where there is a demonstrated nexus. The City will continue to monitor development impact fees to identify constraints to housing development and consider a policy for fee deferrals for affordable housing units. If constraints are identified, the City shall revise the fee schedule accordingly while balancing infrastructure needs to support housing development.
Within two years of Housing Element adoption
An update to development impacts fees will occur in 2023 including the index of fees based on unit size.
6.2 Annual Review of Housing Constraints
The City shall monitor housing development as part of the annual General Plan review and identify if there are potential standards, procedures, or fees constraining affordable housing development.
Annually; if a constraint is identified, the City will implement actions within one year to address constraints.
Review of potential housing constraints are being review as part of the current update to the Development Code.
6.3 Streamline Housing Development Process
Establish a written policy or procedure and other guidance as appropriate to specify the Senate Bill 35 (2017) streamlining approval process and standards for eligible projects, as set forth under GC Section 65913.4.
December 2021 This is included in the update to the Development Code with adoption anticipated in June 2022. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
6.4 Accessory Dwelling Units
The City shall continue to encourage the development of Accessory Dwelling Units (ADUs) as affordable housing and report new ADUs as part of the Annual Housing Element Report. The City will monitor ADU production. Halfway through the planning cycle, if the production numbers are not on par with the midpoint of the number of ADUs estimated in Table TR-35, the City will adjust its approach to meeting the RHNA. The City will also amend the Development Code to permit ADUs in the CB-O zone. The City encourages and promotes ADUs by providing information on the City’s website about ADU standards and options, and informing people at the public counter of ADUs as an option and informing property owners with an existing unpermitted ADU of the option to bring the unit up to code as a legal ADU. The City eliminated all development impact fees for ADUs up to 1,200 square feet, effective July 1, 2018. The City will implement Ordinance 20-06, adopted on July 6, 2020 which complies with current state ADU law. Ordinance 20-06 goes beyond state law to provide additional flexibility to owners by allowing smaller JADUs (150 square feet). The City will also develop ADU prototype plans using SB 2/REAP funds. Once prototype plans are available, the City will supplement the plans with the list of funding resources that HCD anticipates releasing. The City will advertise the availability of these materials.
Report on ADUs annually; approve ADU prototype plans by Spring 2021; update Development Code within one year of any future changes to state ADU law.
Update to the Development Code in process with adoption anticipated in June 2022.
7.1 Energy Efficiency
The City shall continue to require all new dwelling units meet current state requirements for energy efficiency and encourage and incentivize energy efficiency upgrades of existing units. Provide materials/access to utilitysponsored programs that educate residents on ways to reduce energy usage or costs (e.g., insulation, solar, reduction in utility wastefulness).
Ongoing. Ongoing.
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
8.1 Fair Housing
The City shall continue to disseminate information in Spanish and English on Housing Program assistance available from the Department of Fair Employment and Housing regarding fair housing laws. The City shall post fair housing information on the City website. The City has acted and shall continue to act as an information station for people who experience housing discrimination, referring them to the Department of Employment and Housing, and the California Rural Legal Assistance center for assistance.
Ongoing. Ongoing.
8.2 Affirmatively Further Fair Housing
Grover Beach will develop a plan to Affirmatively Further Fair Housing (AFFH). The AFFH Plan shall take actions to address disparities in housing needs and in access to opportunity for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 [commencing with Section 12900] of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. Specific actions to consider in the AFFH Plan include: •Provide dedicated staff that investigates fairhousing complaints and enforces fair housinglaws.•Facilitate public education and outreach bycreating informational flyers on fair housing inSpanish and English that will be made availableat public counters, libraries, and on the City’swebsite. City Council meetings will include a fairhousing presentation at least once per year.•Ensure environmental hazards are notdisproportionately concentrated in low-incomecommunities Develop a proactive codeenforcement program that holds propertyowners accountable and requires that theyproactively plan for resident relocation, whennecessary.
Create plan by January 2022 and implement on an ongoing basis.
This is included in the update to the Development Code in process with adoption anticipated in June 2022.
Jurisdiction Grover Beach ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 12/31/2020 - 12/31/2028 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - -Non-Deed Restricted - - - - - - - - -Deed Restricted - - - - - - - - -Non-Deed Restricted 2 8 - - - - - - -Deed Restricted - - - - - - - - -Non-Deed Restricted 9 4 - - - - - - - Above Moderate 155 8 8 - - - - - - - 16 139
369
19 20 - - - - - - - 39 330
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 53 -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
13 Moderate
91 57 66
Please contact HCD if your data is different than the material supplied here 10 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
91 47
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.Total RHNATotal Units Income Level
Very LowLow
Jurisdiction Grover Beach
Reporting Year 2021 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
1.1 Adequate Sites
The City has an inventory of state, federal, and city-owned land and shall continue to analyze that land for possible housing sites. If appropriate sites are identified, the City shall approach developers and funding agencies to facilitate development of the sites for affordable housing and provide priority permit processing.
Update the database of vacant and underutilized land as needed, including when changes occur.
Updated as needed.
1.2 Planned Development Overlay (PDO) Zone
The City has a Planned Development Overlay Zone that applies City-wide. The purpose of this overlay zone is to facilitate better designed projects (e.g., innovative site planning, superior design) by allowing flexible and relaxed development standards, beyond what is permitted in the underlying zone. The City will implement the development standards outlined in the Planned Development Overlay Zone.
As development applications are submitted.
No Development Application requesting the use of the Planned Development Overlay processed.
1.3 Emergency Shelter Overlay Zone
Review the Emergency Shelter Overlay Zone for continued compliance with state law; evaluate the need to expand the overlay zone to other appropriate areas subject to the development standards in the Development Code.
Within two years of Housing Element adoption. Update to the Development Code in process with adoption anticipated in June 2022.
1.4 Partner with Housing Advocates
The City shall continue to work with other agencies and nonprofits that meet the needs of lower-income households, in particular extremely low-income households, including financial assistance and affordable housing projects. Projects to pursue include rehabilitation of underutilized motels or other commercial structures for conversion to permanent special needs housing. Potential local partnership opportunities include, but are not limited to, the Housing Authority of San Luis Obispo (HASLO), the San Luis Obispo County Housing Trust Fund, and Peoples’ Self-Help Housing. State funding may be available under the Project Homekey program.
Meet with agencies and nonprofits annually and ongoing.
The City is partnering with People's Self Help Housing and the Housing Authority of San Luis Obispo in the development of a 53 unit affordable multifamly development. PLHA funding has been allocated to the San Luis Obispo Housing Trust Fund.
Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
1.5 No Net Loss
Government Code Section 65863 stipulates that a jurisdiction must ensure that its Housing Element inventory can accommodate its share of the RHNA by income level throughout the planning period. If a jurisdiction approves a housing project at a lower density or with fewer units by income category than identified in the Housing Element, it must quantify at the time of approval the remaining unmet housing need at each income level and determine whether there is sufficient capacity to meet that need. If not, the city must “identify and make available” additional adequate sites to accommodate the jurisdiction’s share of housing need by income level within 180 days of approving the reduceddensity project.The City will evaluate residential development proposals for consistency with goals and policies of the General Plan and the 2020-2028 Housing Element sites inventory and make written findings that the density reduction is consistent with the General Plan and that the remaining sites identified in the Housing Element are adequate to accommodate the RHNA by income level. If a proposed reduction of residential density will result in the residential sites inventory failing to accommodate the RHNA by income level, the City will identify and make available additional adequate sites to accommodate the its share of housing need by income level within 180 days of approving the reduced density project.
As necessary. No projects have been approved at a lower density.
1.6 Rezone to Meet RHNA
To address the 2020-2028 RHNA, the City shall
amend the General Plan and the Development Code, as needed, and as detailed in Section TR – 2 Resources and Opportunities to provide adequate site(s) for 29 very low- and lowincome units and allow 20 dwelling units per acre or greater on certain sites or in certain zones. There will be no minimum density on these sites. The City intends to amend the General Plan and the Development Code, per this program, for APNs 060-309-002 (rezone from RC to CBO), 060-156-031 (rezone from PF to R3), 060-156-011 (rezone from PF to R3), and 060-242-044 & 45 (rezone from PR to CBO, with a PDO that limits the use to an all affordable project). Rezoning will be completed prior to the start of the planning period, which is December 31, 2020.
Prior to December 31, 2020. This rezoning was completed prior to adoption of the housing element on November 16, 2020. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
1.7 State Employee Housing Act
To comply with the State Employee Housing Act (Health and Safety Code Sections 17021.5, the City will review the Development Code and amend it as necessary. Section 17021.5 requires the Development Code to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other singlefamily structures of the same type in the same zone in all zones allowing single-family residential uses.
Review Development Code by 2021. Make revisions by 2022.
Update to the Development Code in process with adoption anticipated in June 2022.
1.8 SB 2 Implementation
As part of the City’s Senate Bill (SB) 2 grant workplan the City plans to amend the Land Use Element and Development Code to allow more residential development without discretionary review (i.e., by right) which will include preparing objective design standards for residential uses allowed by right and mixed-use projects if allowed by right. This will also include the elimination of subjective development standards/policies which shall be replaced with objective design standards as required by Government Code Section 65589. The City will analyze how and where that should happen through a public process. In addition, the City will consider establishing an inclusionary housing ordinance and/or increased allowances for density bonuses above and beyond what is required by state law. The results of the input received during the public process will guide the approach to the changes to City regulations to achieve the goal of allowing and permitting more housing and a wider variety of housing.The City plans to develop the following products and planning processes using this funding:•Three prototype ADU building plans consistentwith the 2019 Residential Code that would fit ona typical City lot.• Development Code UpdatesoReview of current Development CodeoPublic Outreach Workshops and HearingsoDraft OrdinanceoObjective Design StandardsoCEQA Document Conduct analysis and outreach by Spring of 2021 and update regulations by Spring 2022.
Update to the Development Code in process with adoption anticipated in June 2022. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
3.1 Funding Availability
The City shall provide notice via the City website when CDBG or other funding is available and the process for applying to use any available City funds for affordable residential projects, as needed. The City will also continue to meet with affordable housing developers at the time funding becomes available.
Update website when information included needs updating. Schedule meetings when funding becomes available.
Updated as needed.
3.2 Density Bonus
The City will continue to offer density bonuses to developers and promote the density bonus through informational brochures which will be available at City Hall and on its website. The City will review its Development Code and update its density bonus ordinance to be compliant with current state law.
Promote density bonuses and provide information as applications are submitted and ongoing. Review Development Code by 2021 and complete revisions by 2022.
Update to the Development Code in process with adoption anticipated in June 2022.
3.3 Resources to Address Homelessness
Continue to partner with regional agencies and organizations to address homelessness challenges in the city and region. Continue to support local programs that provide resources to prevent evictions and rehouse those that are evicted or in need of housing through use of Section 8 vouchers, emergency solution grants and other programs.
Ongoing. Ongoing.
3.4 Child Care & Intergenerational Facilities
The City shall consider amending the Development Code to address childcare needs in conjunction with new housing and address the needs of seniors together with the needs of children. The City shall consider requirements such as the following:•Affordable housing developments include onsite childcare.•New developments with more than 50 housingunits or 50,000 square feet of commercial orindustrial space to prepare a Child CareFacilities Needs Assessment. The purpose ofthis assessment is to evaluate new childcaredemands created by new residents andemployees in relation to available community resources.
•Promote intergenerational facilities such assenior centers located in the same place with ornearby childcare centers.•After studying the options above, determinewhether a program will be established, andestablish and publicize program if initiated.
Within three years ofHousing Element adoption. Update to the Development Code in process with adoption anticipated in June 2022. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
4.1 Special Housing Needs
The City shall work with housing providers to ensure that special housing needs and the needs of lower-income households are addressed for farmworkers, seniors, large families, female-headed households with children, persons with disabilities (including developmental disabilities), extremely lowincome households, and homeless individuals and families. The City shall seek to meet these special housing needs through a combination of regulatory incentives, development standards, new housing construction programs, and supportive services programs. In addition, as appropriate, the City shall apply for or support others’ applications for funding under state and federal programs designated specifically for special needs groups.
Seek or support funding opportunities beginning in 2021–2022 and annually thereafter; meet annually with housing and special needs providers; all program components are ongoing.
The City is partnering with People's Self Help Housing and the Housing Authority of San Luis Obispo in the development of a 53 unit affordable multifamly development which includes housing for special needs households.
4.2 Low Barrier Navigation Centers
Per Assembly Bill 101 (2019) the City will review its Development Code and make revisions if necessary, to allow low barrier navigation centers for the homeless per Government Code 65660-65668.
Review Development Code by 2021 and complete revisions by 2022.
This is included in the update to the Development Code in process with adoption anticipated in June 2022.
4.3 Reasonable Accommodations
The City shall publish informational handouts for those seeking a reasonable accommodation from the strict interpretation of the zoning regulations. These informational handouts shall be made available at City Hall and on the City website.
Within one year of Housing Element adoption. Completed.
4.4 Public Facilities (PF) Zone
Presently one Single Family Dwelling per lot is allowed in the PF zone; however, per the City’s Development Code, Section 2.50.010, the PF zone applies to areas of the City appropriate for government owned facilities, schools and quasipublic uses. The City shall amend the Development Code to prohibit all residential uses in the PF zone.
Revise Development Code by December 31, 2022. Update to the Development Code in process with adoption anticipated in June 2022.
5.1 Grant Funding
The City shall continue seeking federal and state funds for loans and grants through programs such as the CDGB Program and the HOME Investment Partnerships Program (HOME) to assist with the construction of affordable residential projects for lower-income households (extremely low, very low, and low income).
Apply for funding as needed. City will review the 2022 CDBG NOFA for opportunities. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
5.2 Housing Rehabilitation
The City will offer support and resources as available to assist local private organizations to serve elderly, disabled, and disadvantaged persons in the repair and rehabilitation of their housing.
Meet with organizations annually. City continues to work with local organizations on housing rehabilitation opportunities.
5.3 Program Income
The City shall identify existing owner-occupied housing that received financial subsidy(ies) through programs such as CDBG for gap financing and track the term remaining on the financing. If funds are received, the City shall continue to administer a program to reallocate the funds for new affordable housing units or programs to assist lower- and moderate-income families, or as allowed by the funding.
Ongoing as funds become available Ongoing.
5.4 Residential Demolitions
To mitigate the loss of affordable housing units, new housing developments shall be required to replace all affordable housing units lost due to new development. The City will continue to comply with Government Code Sections 65590 et seq. that set forth the requirements for conversions, demolitions, and replacement housing in the coastal zone. In accordance with 65583.2 subdivision (g), the City also will require replacement housing units subject to the requirements of Government Code, section 65915, subdivision (c)(3) on sites identified in the site inventory when any new development (residential, mixed-use or nonresidential) occurs on a site that has been occupied by or restricted for the use of lowerincome households at any time during the previous five years. This requirement applies to:•Non-vacant sites•Vacant sites with previous residential uses thathave been vacated or demolished Ongoing, the replacement requirement will be implemented immediately and applied as applications on identified sites are received and processed, 2020–2028.
Ongoing as part of the demolition permit review process. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
6.1 Development Impact Fees
To encourage affordability by design, the City will modify development impact fees to index fees based on size of unit, providing lower fees for small units where there is a demonstrated nexus. The City will continue to monitor development impact fees to identify constraints to housing development and consider a policy for fee deferrals for affordable housing units. If constraints are identified, the City shall revise the fee schedule accordingly while balancing infrastructure needs to support housing development.
Within two years of Housing Element adoption
An update to development impacts fees will occur in 2023 including the index of fees based on unit size.
6.2 Annual Review of Housing Constraints
The City shall monitor housing development as part of the annual General Plan review and identify if there are potential standards, procedures, or fees constraining affordable housing development.
Annually; if a constraint is identified, the City will implement actions within one year to address constraints.
Review of potential housing constraints are being review as part of the current update to the Development Code.
6.3 Streamline Housing Development Process
Establish a written policy or procedure and other guidance as appropriate to specify the Senate Bill 35 (2017) streamlining approval process and standards for eligible projects, as set forth under GC Section 65913.4.
December 2021 This is included in the update to the Development Code with adoption anticipated in June 2022. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
6.4 Accessory Dwelling Units
The City shall continue to encourage the development of Accessory Dwelling Units (ADUs) as affordable housing and report new ADUs as part of the Annual Housing Element Report. The City will monitor ADU production. Halfway through the planning cycle, if the production numbers are not on par with the midpoint of the number of ADUs estimated in Table TR-35, the City will adjust its approach to meeting the RHNA. The City will also amend the Development Code to permit ADUs in the CB-O zone. The City encourages and promotes ADUs by providing information on the City’s website about ADU standards and options, and informing people at the public counter of ADUs as an option and informing property owners with an existing unpermitted ADU of the option to bring the unit up to code as a legal ADU. The City eliminated all development impact fees for ADUs up to 1,200 square feet, effective July 1, 2018. The City will implement Ordinance 20-06, adopted on July 6, 2020 which complies with current state ADU law. Ordinance 20-06 goes beyond state law to provide additional flexibility to owners by allowing smaller JADUs (150 square feet). The City will also develop ADU prototype plans using SB 2/REAP funds. Once prototype plans are available, the City will supplement the plans with the list of funding resources that HCD anticipates releasing. The City will advertise the availability of these materials.
Report on ADUs annually; approve ADU prototype plans by Spring 2021; update Development Code within one year of any future changes to state ADU law.
Update to the Development Code in process with adoption anticipated in June 2022.
7.1 Energy Efficiency
The City shall continue to require all new dwelling units meet current state requirements for energy efficiency and encourage and incentivize energy efficiency upgrades of existing units. Provide materials/access to utilitysponsored programs that educate residents on ways to reduce energy usage or costs (e.g., insulation, solar, reduction in utility wastefulness).
Ongoing. Ongoing.
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
8.1 Fair Housing
The City shall continue to disseminate information in Spanish and English on Housing Program assistance available from the Department of Fair Employment and Housing regarding fair housing laws. The City shall post fair housing information on the City website. The City has acted and shall continue to act as an information station for people who experience housing discrimination, referring them to the Department of Employment and Housing, and the California Rural Legal Assistance center for assistance.
Ongoing. Ongoing.
8.2 Affirmatively Further Fair Housing
Grover Beach will develop a plan to Affirmatively Further Fair Housing (AFFH). The AFFH Plan shall take actions to address disparities in housing needs and in access to opportunity for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 [commencing with Section 12900] of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. Specific actions to consider in the AFFH Plan include: •Provide dedicated staff that investigates fairhousing complaints and enforces fair housinglaws.•Facilitate public education and outreach bycreating informational flyers on fair housing inSpanish and English that will be made availableat public counters, libraries, and on the City’swebsite. City Council meetings will include a fairhousing presentation at least once per year.•Ensure environmental hazards are notdisproportionately concentrated in low-incomecommunities Develop a proactive codeenforcement program that holds propertyowners accountable and requires that theyproactively plan for resident relocation, whennecessary.
Create plan by January 2022 and implement on an ongoing basis.
This is included in the update to the Development Code in process with adoption anticipated in June 2022. 123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
City of Grover Beach
Conservation and Open Space Element Implementation Progress Report 2021
Goal/Policy/Implementation Measure Status
Goal COS-1: The City’s important natural and human-made resources are protected and enhanced.
Policy COS-1.1 Open Space/Resource Conservation Land
The City shall ensure the following types of land are designated as open space in future land use element updates:
a. Sensitive habitats or unique resources such as oak woodlands, riparian/creek corridors, significant wetlands and corridors which connect habitats;
b. Those areas which are best suited to non-urban uses due to:
i.Infeasibility of providing proper access or utilities; ii.Excessive slope or slope instability;
iii.Wildland fire hazard;
iv.Noise exposure;
v.Flood hazard; and Scenic value.
Implementation COS-1.a
Identify areas of land suitable for open space as described in the above policy and amend the Land Use Diagram as needed.
Ongoing and/or reviewed by the Council
periodically.
Policy COS-1.2 Open Space/Resource Uses
Lands designated Open Space/Resource Conservation should be used for purposes that do not need urban services, major structures, or extensive landform changes. Such uses include:
a. Unimproved trails;
b. Watershed protection;
c. Wildlife and native plant habitat; and
d. Passive recreation
Policy COS-1.3 Natural Character
Buildings, lighting, paving, use of vehicles, and alterations to natural landforms and native or traditional landscapes on open space lands should be minimized, so natural character and resources are maintained.
Implementation COS-1.b
Review development projects for consistency with the above policy as part of the development review process.
Ongoing as part of the development
review process.
Policy COS-1.4 Hillsides
Update development standards for hillside development to require the following:
a. New development conforms to the natural slopes and does not exceed the 25 foot maximum building height;
b. Avoid large, continuous walls or roof surfaces, or prominent foundation walls, poles, or columns;
c. Minimize grading on individual lots;
d. Use materials, colors, and textures which blend with the natural landscape and avoid high contrasts;
e. Minimize exterior lighting and comply with International Dark-Sky Association standards.
Implementation COS-1.c
Amend applicable sections of Grover Beach Municipal Code, Article IX – Development Code to incorporate the above preferences.
Will be included in the Development Code
update to implement the Housing Element
programs in 2022.
Implementation COS-1.d
Review development projects for consistency with the above policy as part of the development review process.
Ongoing as part of the development
review process.
Appendix 4
Goal/Policy/Implementation Measure Status
Policy COS-1.5 Meadow Creek and Wetland Resources
The City shall manage its Meadow Creek wetlands, floodplains, and associated resources to achieve the following objectives:
a. Maintaining and restoring natural conditions and fish and wildlife habitat;
b. Preventing loss of life and minimizing property damage from flooding;
c. Providing passive recreational opportunities that are compatible with fish and wildlife habitat, flood protection, and use of adjacent private properties.
Implementation COS-1.e
Review development projects for consistency with the above policy as part of the development review process.
Ongoing as part of the development
review process.
Implementation COS-1.f
Adopt a Creek Setback Ordinance requiring a 50-foot buffer on both sides of Meadow Creek for all new development. This buffer will be measured from the top of the highest creek bank or
designated/regulated floodway.
Will be included in the Development Code
update to implement the Housing Element
programs in 2022.
Policy COS-1.6 Natural Resources as Amenities
New public or private developments adjacent to creeks, oak woodlands and wetlands shall consider the natural environment and incorporate the natural features as project amenities, provided doing so does not diminish natural values. Developments along creeks should include public access across the development site to the creek and along the creek, provided that wildlife habitat, public safety, and reasonable privacy and security of the development can be maintained.
Implementation COS-1.g
Review and update the Grover Beach Municipal Code to establish maintenance standards for public and privately-owned open space areas.
Will be reviewed as part of a future update
as resources allow.
Implementation COS-1.h
Review development projects for consistency with the above policy as part of the development review process.
Ongoing as part of the development
review process.
Policy COS-1.7 Utility Lines
Underground utility distribution and/or service lines in designated priority areas as determined by the Council.
Implementation COS-1.i
Review and update Development Code Section 5.40 Utility Undergrounding to clarify thresholds, extents and priorities for utility undergrounding.
Will be included in the Development Code
update to implement the Housing Element
programs in 2022.
Goal COS-2: Grover Beach has a comprehensive and interconnected network of trails for local and regional use.
Policy COS-2.1 Trail System
The City should work with property owners, resource conservation agencies, the State of California, the adjoining cities, and the County to establish an interconnected system of trails connecting open space resources with surrounding neighborhoods.
Policy COS-2.2 Beach Cities Trail
Grover Beach will work with surrounding jurisdictions to implement the Beach Cities Trail Feasibility Study.
Implementation COS-2.a
Prepare, adopt, and implement a Trails Master Plan to achieve the intent of the above policies. Trail connections to be considered include a trail along Meadow Creek to Pismo Lakes, and a trail along the railroad right-of-way to the City of Pismo Beach with appropriate links to the regional DeAnza Trail.
Will be reviewed as part of a future update
as resources allow.
Implementation COS-2.b
Coordinate with the Cities of Pismo Beach, Arroyo Grande, and the County of San Luis Obispo to plan and approve the trail alignment.
Will be reviewed as part of a future update
as resources allow.
Goal/Policy/Implementation Measure Status
Implementation COS-2.c
Prepare a Preliminary Alignment Plan and CEQA document for the preferred trail route presented in the Beach Cities Trail Feasibility Study.
Will be reviewed as part of a future update
as resources allow.
Implementation COS-2.d
Conduct a community engagement campaign to solicit input and support from stakeholders, residents, and visitors.
Will be reviewed as part of a future update
as resources allow.
Implementation COS -2.e
Ensure projects along the proposed trail alignment will accommodate or allow for future trail development or partial trail development at the time of the project.
Will be reviewed as part of a future update
as resources allow.
Goal COS-3: Biological resources, especially sensitive species and habitats, are protected and restored to the extent possible.
Policy COS-3.1 On-site Resource Preservation
The City shall encourage new development to preserve on-site natural elements that contribute to the community’s native plant and wildlife species value and to its aesthetic character.
Policy COS-3.2 Agency Coordination
The City shall support, and participate in, local and regional efforts of local, state and federal resource agencies to protect, restore and maintain viable, contiguous areas of habitat for sensitive plant and animal species.
Policy COS-3.3 Riparian Habitat Protection
The City shall preserve the ecological integrity of creek corridors that support riparian resources by preserving native riparian plants and, to the extent feasible, removing invasive nonnative plants. If preservation of the ecological integrity of existing resources is found to be infeasible, adverse impacts to riparian resources shall be fully mitigated consistent with the requirements of applicable state and federal regulations.
Policy COS-3.4 Wetland Protection
The City shall preserve and protect wetland resources including creeks and other seasonal wetland areas, to the extent feasible. If preservation of the ecological integrity of existing wetland resources is found to be infeasible, adverse impacts to such resources shall be fully mitigated consistent with the requirements of applicable state and federal regulations.
Policy COS-3.5 Monitoring
Monitoring of mitigation and restoration activities shall be consistent with requirements for each species or habitat as prescribed by the relevant regulatory jurisdictional agencies. For listed or candidate species, species of special concern, or sensitive habitats for which no mitigation or avoidance measures have been published, the City shall require evidence of coordination with the responsible agencies prior to acceptance of mitigation, avoidance measures, or monitoring requirements.
Implementation COS-3.a
Review development projects for consistency with the above policies as part of the development review process.
Ongoing as part of the development
review process.
Implementation COS-3.b
Work with the County, conservation organizations, the California Department of Fish and Wildlife, and the US Fish and Wildlife Service to identify strategies for the permanent protection of habitat for rare and endangered species.
Ongoing as needed.
Goal/Policy/Implementation Measure Status
Implementation COS-3.c
Where future development projects have the potential to impact natural plant communities or sensitive wildlife resources, require the project applicant to conduct appropriate surveys prepared by a qualified biologist in accordance with applicable regulatory guidelines as part of the development review process. Such surveys shall identify and map any existing rare, threatened, or endangered plant and animal species and recommend appropriate mitigation measures.
Ongoing as part of the development
review process.
Implementation COS-3.d
Strive to protect monarch butterfly populations by conducting a onetime survey to identify habitat for preservation. Trees not identified as overwintering locations may be removed with no additional review.
Will be reviewed as part of a future update
as resources allow.
Implementation COS-3.e
Update Article VI, Chapter 2 of the Grover Beach Municipal Code to include standards for evaluation, removal, and replacement of native trees. Requirements shall include: 1.) standards and mitigation measures for trees proposed for removal as part of development; and
2.) provisions that allow the removal of native trees when a qualified arborist determines removal is necessary to maintain safety of people or property.
Will be reviewed as part of a future update
as resources allow.
Goal COS-4: Tribal resources are respected and preserved.
Policy COS-4.1 Tribal Resources
The City shall protect both known and potential tribal cultural resources.
Implementation COS-4.a
Review development projects for consistency with the above policy and other relevant provisions of State law relating to archaeological resources as part of the development review process.
Ongoing as part of the development
review process.
Implementation COS-4.b
To discourage or avoid development on important cultural or archaeological sites, all available measures, including purchase of fee interest or development rights, shall be explored at the time of a development proposal. Where such measures are not feasible and development would adversely affect identified archaeological or paleontological resources, adequate mitigation shall be required.
Ongoing as part of the development
review process.
Implementation COS-4.c
The City will work with appropriate resource agencies to develop and regularly update a map of cultural resource sites and structures over 50 years old where additional review may be required.
Will be reviewed as part of a future update
as resources allow.
Implementation COS-4.d
To discourage or avoid non-development activities that could damage or destroy archaeological sites. Prohibit unauthorized collection of artifacts.
Ongoing as needed.
Implementation COS-4.e
As sites become known, the City will maintain archaeological site records to be kept confidential to protect the resources. The City will maintain, for public use, generalized maps showing known areas of archaeological sensitivity.
Ongoing as needed.
Implementation COS-4.f
Development within an archaeologically sensitive area shall be consistent with State Law and require tribal consultations. The City will work with native tribes to establish mitigation plans to protect resources with participation from archeologists and Native American tribes affected by any discoveries.
Ongoing as part of the development
review process.
Goal COS-5: Water supply and quality in Grover Beach meets the needs and expectation of residents and biological resources and fulfills State and Federal requirements.
Goal/Policy/Implementation Measure Status
Policy COS-5.1 Water Supply
Ensure a sustainable and safe water supply though a combination of conservation and maximizing supply.
Implementation COS-5.a
Collaborate with County and local agencies to develop and implement water supply and supply resiliency projects
Ongoing as needed. Central Coast Blue
project is currently in process.
Implementation COS-5.b
Maintain water conservation programs which may include partnering with local agencies.
Ongoing as needed.
Implementation COS-5.c
Continue to actively manage existing water resources to maximize availability and sustainability.
Ongoing as needed.
Implementation COS-5.d
Minimize municipal water use through conservation and water use efficiency upgrades.
Ongoing as needed.
Policy COS-5.2 Stormwater Quality
The City shall require new development to protect the quality of water bodies and drainage systems through adaptive site design, stormwater management, and the implementation of best
management practices (BMPs). In addition, the City will undertake long-term watershed planning and management activities in coordination with adjoining cities, San Luis Obispo County, and State Parks.
Implementation COS-5.e
The City shall continue to implement and improve storm water quality measures consistent with the City’s MS4 storm water permit and Central Coast Post Construction Standards.
Ongoing as needed.
Implementation COS-5.f
The City will undertake long-term watershed planning and management activities in coordination with adjoining cities, San Luis Obispo County and State Parks to improve water resources and assure the protection of water quality, the beneficial uses of water, and the biological and physical integrity of watersheds and aquatic habitat. The City will consider amendments to the policies and programs of General Plan elements as necessary to incorporate the findings and recommendations of these watershed planning efforts.
Ongoing as needed.
Implementation COS-5.g
The City shall implement and periodically update a Storm Water Master Plan including regional detention facilities.
Ongoing as needed.
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 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 March 14. Staff intends this to be the last regularly scheduled COVID-19 agenda item and will bring future items to the Council as conditions and needs arise.
As of March 22, San Luis Obispo County has had a total of 53,027 confirmed COVID-19 cases with four current hospitalizations including one in the ICU and 150 active cases at home. This is only approximately a 0.5% increase in total cases over the past two weeks with a 60% decrease in active cases and a 70% decrease in hospitalizations. In South County, there has been a total of 14,317 confirmed cases (approximately 27% of countywide cases) with 4,769 in Arroyo Grande, 4,305 in Nipomo, 2,551 in Grover Beach, 1,639 in Oceano, and 1,114 in Pismo Beach.
Current case numbers in Grover Beach per 1,000 residents (196) continue to be lower than Oceano (234), Arroyo Grande (265), and Nipomo (269), though higher than Pismo Beach (139).
There has been approximately a 0.3% increase in cases in Grover Beach over the past two weeks which is consistent with countywide trends in case numbers.
Conditions in the past couple of weeks have continued to improve significantly in the decrease in active cases and hospitalizations from the peak in January. This downward trend was expected from the experience with the omicron variant in other parts of the country and in other countries.
Given these improvements, the statewide mask order for indoor public places expired on February
16. This mandate remains in place for all individuals in higher risk settings such as public transit.
San Luis Obispo County announced a similar lifting of the County’s mask order for indoor public spaces in alignment with the State.
Vaccines are available for everyone ages 5 and up with boosters also available for ages 12 and up who received their vaccination five months ago. Approximately 67% of residents in San Luis Obispo County ages 5 and up have been fully vaccinated with 74% of residents at least partially vaccinated and 26% unvaccinated. In addition, approximately 52% of fully vaccinated residents have received a booster. Approximately 64% of residents ages 5 and up in Grover Beach are fully vaccinated and 71% partially vaccinated for reference. The rate of vaccination in the county continues to increase slowly towards the desired goal of 70%-80% of residents fully vaccinated.
Staff Report: COVID-19 Response Update Page 2
March 28, 2022
Vaccinations are available at the Public Health clinic at 286 South 16th Street and one of the County’s three testing sites is located 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. Council and Commission meetings have returned to in-person meetings as the standard practice beginning this month with a call-in function available for the public to make comments without having to attend the meeting in person.
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. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Second Reading and Adoption of an Ordinance to Add a New Chapter
3.2 to Article II (Administration) of the Grover Beach Municipal Code to Define Boundaries for District-Based City Council Elections
RECOMMENDATION
Conduct a public hearing and second reading to adopt an Ordinance to add Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to define boundaries for district-based City Council elections.
BACKGROUND:
On July 1, 2019, the City Council adopted Resolution No. 19-37 (shown as Attachment 1) declaring its intention to transition from at-large to district-based elections for the City Council commencing with the General Municipal Election in November 2022. Pursuant to Elections Code Section 10010, the City conducted two public hearings on June 28, 2021 and July 26, 2021 prior to drafting maps of proposed districts, at which time the public was invited to provide input regarding the composition of said districts. The City then worked with demographic consultant National Demographics Corporation (NDC) to create four draft maps for the City Council’s consideration and to analyze publicly submitted maps. The City also worked with communications consultant Tripepi Smith on public outreach efforts to inform the public about district elections and to seek input in developing district maps in compliance with State law, including extensive Spanish language outreach.
On January 24, 2022, the City Council conducted the third districting hearing and considered the NDC draft maps, as well as 41 publicly submitted maps, which included maps depicting communities of interest, single district maps and four-district maps. After deliberations, the Council selected four focus maps to bring forward to the fourth and final public hearing on February 28, 2022. At that hearing, the Council unanimously voted to select a final map (Plan 901, shown in Attachment 2). The Council then conducted the first reading of the attached Ordinance (shown as Attachment 3) on March 14, 2022.
The attached Ordinance will codify the district boundaries depicted in the approved, final map to be used in future district-based City Council elections. District boundaries are defined by Census blocks. The ordinance also defines the rotation of district elections, with Districts One and Two scheduled for elections in November 2022 and every four years thereafter and Districts Three and Four scheduled for elections in November 2024 and every four years thereafter. The Mayor will continue to be elected at-large by the entire city under the Ordinance and is scheduled for election in November 2022 and every two years thereafter.
Staff Report: Second Reading and Adoption of District-Based Elections Ordinance Page 2 March 28, 2022
FISCAL IMPACT
There is no fiscal impact associated with this item.
ALTERNATIVES
The Council has the following alternatives to consider:
1) Conduct a public hearing and second reading to adopt an Ordinance to add Chapter 3.2 to Article II (Administration) of the Grover Beach Municipal Code to define boundaries for district-based City Council elections; or
2) Provide alterative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Resolution No. 19-37
2. Final Map 901
3. Ordinance No. 22-__
RESOLUTION N0.19-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, DECLARING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS BY NOVEMBER 2022
WHEREAS, members of the City Council of the City of Grover Beach are currently elected in "atlarge" elections in which each of the four Council Members along with the Mayor is elected by the registered voters of the entire city; and ·
WHEREAS, California Government Code section 34886 permits the legislative body of a city to change its method of election by ordinance from an "at-large" system to a "district-based" system in which each member of the legislative body is elected by the voters in the district in which the candidate resides; and
WHEREAS, on May 29, 2019, the City received a letter entitled Notice of Violation of California Voting Rights Act ("Notice") from Jeffrey Mayes, attorney, on behalf of Felipe Rueff ("Prospective Plaintiffs") asserting that the City's elections are characterized by racially polarized voting and demanding that the City transition to district-based elections pursuant to the California Voting Rights Act ("CVRA"); and
WHEREAS, a violation of the CVRA is established if it is shown that racially polarized voting occurs in elections (Elections Code 14028(a)). "Racially polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate {Elections Code section 14026(e)); and
WHEREAS, the CVRA allows for Prospective Plaintiffs to file a lawsuit against the City if the City does not allow a resolution of intent to institute district-based elections within 45 days of the Notice ("45- day period") (Elections Code section 1001 O); and
WHEREAS, the Notice states that if the City declines to adopt a resolution of intent to transition to district-based elections within the 45-day period, Prospective Plaintiffs will commence a lawsuit to compel district-based elections; and
WHEREAS, July 13, 2019 is the 45th day from the date the City received the Notice; and WHEREAS, the Prospective Plaintiffs offered to consider a settlement agreement whereby the City would not be required to institute district-based elections until the November 2022 regular election in order to allow 2020 U.S. Census data to be taken into account in drawing district boundaries; and WHEREAS, the City denies the assertion that it's at-large system violates the CVRA or any other provision of law and asserts that the City's election system is legal in all respects; and WHEREAS, the City Council has concluded that the public interest would be best served by transitioning to a district-based election system due to the inherent uncertainties and costs associated with defending the City's at-large election system again a CVRA lawsuit; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Grover Beach:
SECTION 1. The above recitals are true and correct.
SECTION 2. Before the November 2022 regular election, the City Council will consider adoption of an ordinance to institute a district-based election system as authorized by Government Code section 34886.
Attachment 1
SECTION 3. Prior to considering an ordinance to establish district boundaries for a districtbased election system, the City will follow the requirements pursuant to Elections Code section 10010 to solicit public input in the district map drawing process.
Upon motion by Mayor Pro Tern Shah, second by Council Member Lance, and on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members - Bright, Lance, Nicolls, Mayor Pro Tern Shah, and Mayor Lee
Council Members - None
Council Members - None
Council Members - None
The foregoing Resolution No. 19-37 was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California this 1st day of July, 2019. 3 2
4 1
Pismo State
Beach
Pismo State
Beach Golf
Course
Mentone Basin
Park
16th Street Park
Grover Heights
Park
Costa Bella Park
Ramona Garden
Park
Cabril
o
Hwy
Margarita Ave
HHuston St
u
b
er St S 4th St
N 4th St
El Cam Real
Grand Ave
Front St
Oak Park Blvd
16th
St
Anita Ave
Newport Ave
N
1st
St
N 2nd St
Ocean View Ave
13th
St Ramona Ave
Beckett Pl
Highland Way
N
8th St
Nacimiento Ave
N
5th St
N
3rd
St
Baden Ave
Mira
Mar
Ct
Laguna Ct
Park Ln
S
an
S
or e
nto
Ct S
O
a
k
P
ark
Blvd
The Pike
N 13th
St
Park View Ave
S
1 6th
St
T
a
n
n
er Ln
Messina
Ct
B
arc
a
St
Mentone Ave Lyn
e
St
Calvin Ct
P
ark Dr
S
3rd
St Saratoga Ave S 5th St
Ritchie Rd
C
o
urtlan
d
St
Atlantic City Ave
N
6th
St Longbranch Ave
Rockaway Ave
N
7th
St S 10th
St N
9th
St S 14th
St Brighton Ave
B
alb
o
a
St Seabright Ave
N 10th
St S 11th
St Nice Ave
Trouville Ave
C
a
pitola
St Shanna Pl
Saint John Cir
Farroll AveDriftwood St
Stinso
n
Ct D
ove
r
Ct
S 6th
St Manhattan Ave S 8th St
S
7th
St S
9th
St Total Population Deviation: 9.5%
Most Latino District: 3 (30% CVAP)
City of Grover Beach
2021/22 Transition to
District Elections
National Demographics Corp., Jan. 14, 2022
Proposed Election Sequence:
2022: Districts 1 & 2
2024: Districts 3 & 4
Plan 901
©2021 CALIPER
Attachment 2
Category Field 1 2 3 4 Total
Total Population 3,271 3,348 3,075 3,045 12,739
Population Deviation 86 163 -110 -140 303
Pct. Deviation 2.70% 5.12% -3.45% -4.40% 9.51%
Hispanic/Latino 26% 28% 40% 31% 31%
NH White 62% 60% 48% 57% 57%
NH Black 1% 2% 2% 1% 1%
NH Asian/Pac.Isl. 6% 7% 7% 7% 7%
NH Native Amer. 2% 2% 2% 2% 2%
Total 2,233 3,028 2,398 2,301 9,960
Hisp 17% 17% 30% 18% 21%
NH White 73% 74% 55% 78% 70%
NH Black 3% 4% 1% 0% 2%
Asian/Pac.Isl. 7% 5% 13% 4% 7%
Native Amer. 0% 2% 2% 2% 1%
Total 2,203 2,215 1,758 1,998 8,174
Latino est. 18% 16% 25% 22% 20%
Spanish-Surnamed 17% 15% 23% 21% 19%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,829 1,867 1,420 1,694 6,810
Latino est. 15% 15% 22% 20% 18%
Spanish-Surnamed 15% 15% 21% 19% 17%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,312 1,328 940 1,187 4,767
Latino est. 11% 13% 18% 17% 15%
Spanish-Surnamed 11% 13% 18% 17% 14%
Asian-Surnamed 2% 2% 2% 1% 2%
Filipino-Surnamed 1% 1% 2% 2% 2%
NH White est. 83% 78% 75% 79% 79%
NH Black est. 1% 4% 1% 0% 2%
age0-19 18% 22% 33% 21% 24%
age20-60 53% 57% 52% 51% 53%
age60plus 29% 21% 15% 28% 22%
immigrants 14% 8% 7% 8% 9%
naturalized 59% 50% 53% 48% 53%
english 92% 86% 63% 84% 80%
spanish 5% 9% 29% 14% 15%
asian-lang 2% 1% 7% 2% 3%
other lang 1% 4% 0% 0% 1%
Language Fluency Speaks Eng. "Less than
Very Well" 3% 1% 16% 5% 7%
hs-grad 52% 51% 58% 47% 52%
bachelor 19% 21% 18% 26% 21%
graduatedegree 12% 13% 8% 10% 11%
Child in Household child-under18 20% 25% 42% 27% 29%
Pct of Pop. Age 16+ employed 62% 72% 60% 68% 66%
income 0-25k 12% 14% 13% 18% 14%
income 25-50k 19% 15% 25% 24% 20%
income 50-75k 21% 20% 30% 14% 21%
income 75-200k 46% 42% 31% 31% 37%
income 200k-plus 2% 8% 2% 13% 6%
single family 82% 66% 67% 73% 72%
multi-family 18% 34% 33% 27% 28%
rented 36% 54% 59% 43% 49%
owned 64% 46% 41% 57% 51%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Grover Beach - Plan 901
2020 Census
Total Pop.
Citizen Voting Age Pop
Housing Stats
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).
Voter Turnout
(Nov 2018)
ORDINANCE NO. 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA ADDING A NEW CHAPTER 3.2 (DISTRICTBASED ELECTIONS) OF ARTICLE II (ADMINISTRATION) WHEREAS, members of City Council of the City of Grover Beach (“City”) are currently elected in “at-large” elections in which each of the four Council Members, along with the Mayor, is elected by the registered voters of the entire city; and WHEREAS, California Government Code section 34886 permits the legislative body of a city to change its method of election by ordinance from an "at-large" system to a "district-based" system in which each member of the legislative body is elected by the voters in the district in which the candidate resides; and WHEREAS, on May 29, 2019, the City received a letter entitled Notice of Violation of California Voting Rights Act ("Notice") from Jeffrey Mayes, attorney, on behalf of Felipe Rueff ("Prospective Plaintiffs") asserting that the City's elections are characterized by racially polarized voting and demanding that the City transition to district-based elections pursuant to the California Voting Rights Act ("CVRA"); and WHEREAS, a violation of the CVRA is established if it is shown that racially polarized voting occurs in elections (Elections Code 14028(a)). "Racially polarized voting" means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate (Elections Code section 14026(e)); and
WHEREAS, the CVRA allows for Prospective Plaintiffs to file a lawsuit against the City if the City does not allow a resolution of intent to institute district-based elections within 45 days of the Notice ("45-day period") (Elections Code section 1001 O); and
WHEREAS, the Notice states that if the City declines to adopt a resolution of intent to transition to district-based elections within the 45-day period, Prospective Plaintiffs will commence a lawsuit to compel district-based elections; and WHEREAS, July 13, 2019 was the 45th day from the date the City received the Notice; and
WHEREAS, the Prospective Plaintiffs offered to consider a settlement agreement whereby the City would not be required to institute district-based elections until the November 2022 regular election in order to allow 2020 U.S. Census data to be taken into account in drawing district boundaries; and
WHEREAS, the City denies the assertion that its at-large system violates the CVRA or any other provision of law and asserts that the City's election system is legal in all respects; and
Attachment 3
Ordinance No. 22-__ Page 2
WHEREAS, the City Council has concluded that the public interest would be best served by transitioning to a district-based election system for City Council members due to the inherent uncertainties and costs associated with defending the City's at-large election system again a CVRA lawsuit; and
WHEREAS, the City conducted four public hearings and engaged in extensive public outreach to consider city districts and proposed district maps, as required by California Elections Code Section 10010; and
WHEREAS, the City Council voted unanimously in favor of adopting the selected district Plan 901, attached hereto;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
PART 1: The above recitals and findings are true and correct and incorporated herein by this reference.
PART 2: CEQA. The City Council finds that the proposed amendments to the Grover Beach Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
PART 3: A New Chapter 3.2, (District-Based Elections), of Article II, (Administration), is hereby added to the Grover Beach Municipal Code as follows:
CHAPTER 3.2 –DISTRICT-BASED ELECTIONS
Section 2360. By-district electoral system for four Councilmembers. (A) Pursuant to California Government Code Sections 34886 and 34871(c), Councilmembers shall be elected by-districts in four (4) single-member districts. (B) Except as provided in subdivision (C) hereof, the Councilmember elected to represent a district must live in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227. (C) A Councilmember in office at the time this Article takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Councilmember offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the district for which the vacancy occurs.
Ordinance No. 22-__ Page 3
(D) Upon expiration of the full term of each Councilmember elected at-large, that Councilmember’s successor shall be elected on a by-district basis in the districts established in Section 2362. A vacancy in a Councilmember office elected by-district shall be filled according to law by a person qualified to hold the office, who lives in the district.
Section 2361 Establishment of Boundaries. The City of Grover Beach is divided into four City Council districts, the boundaries of which are designated, numbered, and described as set forth in Section 2362.
Section 2362. Districts.
(A) Elections shall take place, and Councilmembers shall be elected, “by-districts” as that term is defined in California Government Code Section 34871, meaning one member of the City Council shall be elected from each district, by the voters of that district alone.
(B) The districts are as follows:
First City Council district. City Council District One shall be all that territory in the city comprised of the following U.S. Census blocks:
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Ordinance No. 22-__ Page 4
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Second City Council district. City Council District 2 shall be all that territory in the city comprised of the following U.S. Census blocks:
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060790120022020
Third City Council district. City Council District 3 shall be all that territory in the city comprised of the following U.S. Census blocks:
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Ordinance No. 22-__ Page 5
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Fourth City Council district. City Council District Four shall be all that territory in the city comprised of the following U.S. Census blocks:
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060790121024009
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Ordinance No. 22-__ Page 6
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(C) The districts specified in subdivision (B) shall continue in effect until they are amended or repealed in accordance with law.
Section 2363. Election schedule.
(A) Councilmembers from Districts One and Two shall be elected beginning at the General Municipal Election in November 2022, and every four years thereafter. (B) Councilmembers from Districts Three and Four shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter.
Section 2365. At-large Mayor. Consistent with Government Code Section 34900, the Mayor shall be elected at-large by the entire City for a term of two years. The Mayor shall be entitled to serve only two consecutive terms. The Mayor may run again for any future term for Mayor commencing no later than 24 months after the last of two consecutive terms.
PART 4:
A map showing the districts described in this Ordinance, Final Plan 901, is attached hereto as Attachment 1 and incorporated by this reference. To the extent there is a conflict between the descriptions contained in the Ordinance codified in this Chapter and the map incorporated herein, the census block descriptions shall prevail. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts or the eligibility of candidates.
The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
PART 5: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the determination of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter or its application to other persons. The City Council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
PART 6: Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
Ordinance No. 22-__ Page 7
INTRODUCED at a regular meeting of the City Council held March 14, 2022 and PASSED, APPROVED, and ADOPTED by the City Council on March 28, 2022, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
APPROVED:
__________________________
Mayor Jeff Lee
ATTEST:
____________________________________
Wendi Sims, City Clerk
APPROVED AS TO FORM:
_____________________________________
David P. Hale, City Attorney
**DRAFT**
Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
David Hale, City Attorney
SUBJECT: License Agreement with Radiate Holdco, LLC for Use of Communications Conduit for Citywide Fiber Optic Broadband Expansion
RECOMMENDATION
Approve an agreement with Radiate Holdco, LLC on behalf of itself and its affiliates and Astound Business Solutions, LLC and Digital West Networks, Inc., for an initial ten-year term for the City to provide a non-exclusive license to use shared conduit in common with the City and an exclusive license for Astound single-user conduit for citywide fiber optic broadband in exchange for payment of annual license fees to the City.
BACKGROUND
In 2016, the City entered into an agreement with Digital West Networks, Inc. (Digital West) to install a fiber optic broadband system in industrial and commercial areas of the city, as shown in Exhibit A of Attachment 1 (Agreement). The system was designed to provide broadband service to businesses in these areas through a public/private partnership with the City funding and constructing the conduit and Digital West installing the fiber. This agreement was developed after many years of work related to fiber broadband in the city including adoption of a Technology Master Plan in 2010 that recommended development of a municipal broadband network as part of the City’s Economic Development Strategy. Implementation strategies from this plan included the partnership with Digital West along with a funding agreement with the County of San Luis Obispo for fiber broadband service to County-owned facilities on South 16th Street.
Construction of this fiber broadband system began in 2018 with service beginning in 2019. Digital West operates the system and the City currently receives 5.1% of customer revenues for use of the system through the existing agreement. The City has worked with the South County Chambers of Commerce and Digital West on marketing the fiber broadband system to local businesses though the market penetration has been slow to date and the City only receives approximately $1,000 annually in revenues. However, the system was instrumental in the Chamber’s establishment of the new co-work and business incubator space on Front Street as the building housing the co-work space is directly connected to the system.
In 2021, Digital West was acquired by the sixth largest cable provider in the country, Astound Broadband, LLC (Astound), which is an affiliate of Radiate Holdco, LLC. Astound is now seeking to expand their broadband fiber service citywide to both businesses and residences. Digital West has proposed a project to provide an alternative internet service provider to most residential and commercial lots within the city which would make Grover Beach the first city on the Central Coast with such service available from Digital West. Digital West will use the existing shared conduit Staff Report: License Agreement for Use of Communications Conduit Page 2 March 28, 2022
from the City’s prior agreement and will install its own single-use conduit in other areas of the city, as shown in Exhibit B of Attachment 1.
The expansion of fiber optic cable will provide long-distance, high-performance data networking, and telecommunications throughout the city. Compared to wired cables or copper cables found in telephone lines, fiber optic cables provide higher bandwidth and transmit data over longer distances. Fiber optic cables can provide high speed internet at speeds up to and beyond 1 gigabyte per second. Typically, these speeds are 100 times faster than a standard cable internet connection, and up to 200 times faster than a DSL connection. Digital West proposes to utilize existing utility poles to add fiber optic lines adjacent to other telecommunication infrastructure within existing easements along with undergrounding in areas where this is required consistent with other utility lines.
The Planning Commission approved a Coastal Development Permit for this proposed project on March 1, 2022 as required in areas within the City’s Coastal Zone while the project in the remainder of the city only requires an Encroachment Permit issued by staff. Digital West/Astound and staff negotiated an agreement for the City to grant the licenses for an initial 10-year term, with two possible 10-year extensions. In exchange for the licenses, Digital West will pay annual license fees of $2,291.25 for the shared conduit and $6,840 for the Astound single-use conduit based on a square footage cost consistent with Digital West/Astound agreements in other cities. Astound will be responsible for maintenance of their fiber, while the City will maintain responsibility for the City’s already-installed conduit.
Upon Council approval, staff will finalize and execute the agreement with Digital West. Work is anticipated to begin this fiscal year and will be completed in two phases; the first will connect 1,791 homes and 128 additional businesses and the second will connect 2,917 homes and 649 additional businesses. The project will offer a significant enhancement in internet connectivity for both residents and businesses within the city. This project is an example of work underway to expand fiber broadband service throughout the county and the City is engaged in related countywide discussions.
FISCAL IMPACT
Approval of the agreement with Radiate Holdco, LLC will provide the City with annual license fee revenue of $9,131.25.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve an agreement with Radiate Holdco, LLC on behalf of itself and its affiliates and Astound Business Solutions, LLC and Digital West Networks, Inc., for an initial ten-year term for the City to provide a non-exclusive license to use shared conduit in common with the City and an exclusive license for Astound single-user conduit in exchange for payment of annual license fees to the City to expand fiber optic broadband in the City.; or
2. Do not approve the agreement; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Staff Report: License Agreement for Use of Communications Conduit Page 3 March 28, 2022
ATTACHMENTS
1. Agreement
AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 1
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022
AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT
This AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT (this “Agreement”) is made and entered into as of this ____ day of , 2022 (the “Effective Date”), by and among the CITY OF GROVER BEACH, a California municipal corporation (“City”), RADIATE HOLDCO, LLC, a Delaware limited liability company (“Radiate”), DIGITAL WEST NETWORKS, INC., a California corporation (“Digital West”), and ASTOUND BROADBAND, LLC, a Washington limited liability company (“Astound WA,” and, together with Radiate and Digital West, “Astound”).
Each of Astound and City may be referred to in this Agreement as a “Party,” and together as the “Parties.” With respect to either Party, the term “Affiliate” shall mean any person who directly or indirectly controls, is controlled by, or is under common control with that Party. Radiate, Digital West and Astound WA are Affiliates of one other.
BACKGROUND
A. Astound owns and operates a fiber optic communications network (the “Astound Network”) used by Astound to provide communications services to its customers, including Internet access, Ethernet transport, IP transit, wavelengths, dark fiber, VoIP, video and related services.
B. The City owns certain existing communications conduit that is installed in various locations within the City of Grover Beach, California.
C. The City and Digital West are the parties to that certain Conduit Lease Agreement dated June 23, 2017 (the “Old Contract”), pursuant to which the City permitted Digital West to use certain portions of the City’s communications conduit.
D. In January of 2021, Digital West was acquired by the Radiate family of companies.
E. Astound is preparing to significantly expand its network infrastructure within the City of Grover Beach. In connection with that impending expansion, Astound and the City now desire to terminate the Old Contract and replace it with this Agreement.
F. Pertinent to this Agreement, the City owns two (2) distinct categories of installed communications conduit:
(i) The “Shared Conduit,” which consists of approximately 5875 linear feet of communications conduit that generally varies in size from approximately 1 ½ inches to approximately 4 inches in diameter, in which no innerducts are presently installed, and which, as of the Effective Date of this Agreement contains within it both fiber optic cable(s) belonging to the City and fiber optic cable(s) belonging to Astound. A map depicting the approximate locations in which the Shared Conduit is installed is attached to this Agreement as Exhibit A.
(ii) The “Single User Conduits,” which consist of approximately 9120 linear feet of five (5) separate, individual communications conduits, each of which generally varies in size from approximately 1 ½ inches in diameter to approximately 2 inches in diameter, that were installed at the same time along the same route. A map depicting the approximate locations in which the Single User Conduits are installed is attached to this Agreement as Exhibit B. As of the Effective Date of this Agreement the Single User Conduits are being used as follows:
(a) One (1) of the Single User Conduits is being used by the City for the installation of fiber optic cable(s) belonging to the City (the “City Single User Conduit”); DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 Attachment 1
AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 2
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 (b) One (1) of the Single User Conduits is being used by Astound for the installation of fiber optic cable(s) belonging to Astound (the “Astound Single User Conduit”); (c) One (1) of the Single User Conduits is being used by the County of San Luis Obispo (the “County Single User Conduit”); and
(d) The two (2) remaining Single User Conduits are currently empty and unused (the “Vacant Single User Conduits”).
G. Pursuant to this Agreement, the City shall grant Astound (i) a non-exclusive license to continue using the Shared Conduit in common with the City, and (ii) an exclusive license to continue using the Astound Single User Conduit.
H. In exchange for the rights granted by the City, Astound shall provide the City with the following:
(i) Payment of an annual license fee in the amount of $0.39 / per linear foot for use of the Shared Conduit, for a total annual payment in the amount of Two Thousand Two Hundred Ninety-One and 25/100 Dollars ($2,291.25) (5,875 linear feet of conduit x $0.39 / per linear foot = $2,291.25) (the “Shared Conduit License Fee”);
(ii) Payment of an annual license fee in the amount of $0.75 / per linear foot for use of the Astound Single User Conduit, for a total annual payment in the amount of Six Thousand Eight Hundred Forty and No/100 Dollars ($6,840.00) (9,120 linear feet of conduit x $0.75 / per linear foot = $6,840.00) (the “Single User Conduit License Fee”);
(iii) Perform all operations and maintenance services with respect to the Shared Conduit at no cost to the City;
(iv) Perform all operations and maintenance services with respect to the City fiber located within the Shared Conduit at no cost to the City;
(v) Perform all operations and maintenance services with respect to the City Single User Conduit at no cost to the City;
(vi) Perform all operations and maintenance services with respect to the City’s fiber located within the City Single User Conduit at no cost to the City; and
(vii) Perform all operations and maintenance services with respect to the Astound Single User Conduit at no cost to the City.
I. The City and Astound now desire to enter into this Agreement to accomplish the foregoing, all as more fully described and in accordance with the terms and conditions set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Astound and City agree as follows:
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 3
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 ARTICLE 1: TERMINATION OF OLD CONTRACT
As of the Effective Date of this Agreement, the Old Contract is terminated and shall have no further force or effect. The Old Contract is replaced in all respects by the terms and conditions set forth in this Agreement.
ARTICLE 2: EQUIPMENT
2.1 Equipment. “Equipment” means network components including, but not limited to, any gateway or edge electronic device, antenna, node, concentrator, bridge, receiver, transmitter, transceiver, router, switch, hub or communications lines/cables, and associated software.
2.2 Astound Equipment. Any Equipment provided by Astound in connection with this Agreement shall be referred to as the “Astound Equipment.” Except as expressly provided to the contrary elsewhere in this Agreement, throughout the Term, the Astound Equipment shall remain the property of Astound and Astound shall be responsible for all maintenance and repair of the Astound Equipment. Neither the City nor any third party acting under the City’s authority will relocate, modify, tamper with, attempt to repair or otherwise interfere with the Astound Equipment.
2.3 City Equipment. Any Equipment provided by the City in connection with this Agreement shall be referred to as the “City Equipment.” Except as expressly provided to the contrary elsewhere in this Agreement, throughout the Term, the City Equipment shall remain the property of the City and the City shall be responsible for all maintenance and repair of the City Equipment. Neither Astound nor any third party acting under Astound’s authority will relocate, modify, tamper with, attempt to repair or otherwise interfere with the City Equipment.
ARTICLE 3: GRANT OF LICENSE TO USE SHARED CONDUIT
3.1 Grant of Shared Conduit License. Beginning on the Effective Date of this Agreement and continuing through the expiration or earlier termination of the Term, the City grants Astound a non-exclusive license to use the Shared Conduit in common with the City for purposes of installing, removing, maintaining, replacing, upgrading and operating Astound’s fiber optic cables and related communications and networking Equipment (the “Shared Conduit License”). The Shared Conduit License includes the right to access the Shared Conduit at all existing access points (e.g., existing manholes, hand holes, vaults, etc.), as well as the right to install additional access points in the future, subject to normal permitting and approval processes. The Shared Conduit License does not include the right to move, re-arrange or otherwise relocate the installed location of the Shared Conduit, except with the advance written consent of the City or in connection with a relocation as described in Article 7 below.
3.2 Annual Shared Conduit License Fee. As set forth in Recital G(i) above, Astound shall pay the City an annual license fee for use of the Shared Conduit in the amount of $0.39 / per linear foot of the Shared Conduit. For purposes of this Agreement, the Parties agree the Shared Conduit consists of 5,875 linear feet, which results in an annual license fee of Two Thousand Two Hundred Ninety-One and 25/100 Dollars ($2,291.25). For the first year of the Term, Astound shall pay the Shared Conduit License Fee to the City within sixty (60) days following the Effective Date of this Agreement. In all subsequent years, Astound shall pay the Shared Conduit License Fee to the City within thirty (30) days following the anniversary of the Effective Date.
3.3 Increase of Annual Shared Conduit License Fee During Extended Terms. As set forth in Article 5 below, Astound shall have two (2) options to extend this Agreement, each of which shall be for an extended term of ten (10) years. If Astound exercises its First Extension Option, then the Shared Conduit License Fee shall be increased by fifteen percent (15%) for the First Extended Term. Fifteen percent (15%) of $0.39 is $0.0585. Accordingly, rounded to the nearest cent, the Shared Conduit License Fee for the First Extended Term (if any) will be $0.45 / per linear foot. If Astound exercises its Second Extension Option, then the Shared Conduit License Fee shall again be increased by fifteen percent (15%) for the Second Extended Term. Fifteen percent (15%) of $0.45 is $0.0675.
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 4
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 Accordingly, rounded to the nearest cent, the Shared Conduit License Fee for the Second Extended Term (if any) will be $0.52 / per linear foot.
3.4 Joint Use of Shared Conduit. As joint users of a shared resource, Astound and the City each agree to reasonably cooperate with one another in their respective uses of the Shared Conduit, with the objective of minimizing any disruption to either Party’s use of same. Such cooperation shall include (without limitation) each Party providing the other Party with reasonable advance notice of any work that is likely to interfere with the other Party’s equipment or facilities installed within the Shared Conduit, and using commercially reasonable efforts to mutually agree upon dates and times for the performance of such work.
3.5 Maintenance of Shared Conduit. During the Term, all routine, scheduled and emergency unscheduled maintenance of the Shared Conduit shall be performed by Astound, as set forth in Article 6 below.
ARTICLE 4: GRANT OF LICENSE TO USE ASTOUND SINGLE USER CONDUIT
4.1 Grant of Single User Conduit License. Beginning on the Effective Date of this Agreement and continuing through the expiration or earlier termination of the Term, the City grants Astound an exclusive license to use the Astound Single User Conduit for purposes of installing, removing, maintaining, replacing, upgrading and operating Astound’s fiber optic cables and related communications and networking Equipment (the “Single User Conduit License”). The Single User Conduit License includes the right to access the Astound Single User Conduit at all existing access points (e.g., existing manholes, hand holes, vaults, etc.), as well as the right to install additional access points in the future, subject to normal permitting and approval processes. The Single User Conduit License does not include the right to move, re-arrange or otherwise relocate the installed location of the Astound Single User Conduit, except with the advance written consent of the City or in connection with a relocation as described in Article 7 below.
4.2 Annual Single User Conduit License Fee. As set forth in Recital G(ii) above, Astound shall pay the City an annual license fee for use of the Astound Single User Conduit in the amount of $0.75 / per linear foot of the Astound Single User Conduit. For purposes of this Agreement, the Parties agree the Astound Single User Conduit consists of 9,120 linear feet, which results in an annual license fee of Six Thousand Eight Hundred Forty and No/100 Dollars ($6,840.00). For the first year of the Term, Astound shall pay the Single User Conduit License Fee to the City within sixty (60) days following the Effective Date of this Agreement. In all subsequent years, Astound shall pay the Single User Conduit License Fee to the City within thirty (30) days following the anniversary of the Effective Date.
4.3 Increase of Annual Single User Conduit License Fee During Extended Terms. As set forth in Article 5 below, Astound shall have two (2) options to extend this Agreement, each of which shall be for an extended term of ten (10) years. If Astound exercises its First Extension Option, then the Single User Conduit License Fee shall be increased by fifteen percent (15%) for the First Extended Term. Fifteen percent (15%) of $0.75 is $0.1125.
Accordingly, rounded to the nearest cent, the Single User Conduit License Fee for the First Extended Term (if any) will be $0.86 / per linear foot. If Astound exercises its Second Extension Option, then the Single User Conduit License Fee shall again be increased by fifteen percent (15%) for the Second Extended Term. Fifteen percent (15%) of $0.86 is $0.129. Accordingly, rounded to the nearest cent, the Shared Conduit License Fee for the Second Extended Term (if any) will be $0.99 / per linear foot.
4.4 Maintenance of Astound Single User Conduit. During the Term, all routine, scheduled and emergency unscheduled maintenance of the Astound Single User Conduit shall be performed by Astound, as set forth in Article 6 below.
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 5
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 ARTICLE 5: TERM
5.1 Term. The total length of time this Agreement is in effect shall be referred to as the “Term” of this Agreement.
5.2 Initial Term. The initial term (“Initial Term”) of this Agreement shall be for ten (10) years, beginning on the Effective Date and expiring on the date that is one day prior to the tenth (10 th) anniversary of the Effective Date.
5.3 Extension Options. There shall be two (2) extension options available to Astound (the “First Extension Option,” and the “Second Extension Option,” respectively), each of which shall be for a period of ten (10) years (the “First Extended Term,” and the “Second Extended Term,” respectively). (a) First Extension Option. Upon the expiration of the Initial Term, unless Astound has given the City no less than thirty (30) days’ advance written notice that Astound is electing to forego its First Extension Option and allow the Agreement to terminate at the end of the Initial Term, the First Extension Option shall automatically take effect. In such event, the First Extended Term shall begin on the tenth (10th) anniversary of the Effective Date. As set forth in Section 3.3 and Section 4.3 above, the Shared Conduit License Fee and the Single User Conduit License Fee shall both automatically increase at the beginning of the First Extended Term. The First Extended Term shall expire one day prior to the twentieth (20
th) anniversary of the Effective Date.
(b) Second Extension Option. If the First Extended Term occurs, then, upon the expiration of the First Extended Term, unless Astound has given the City no less than thirty (30) days’ advance written notice that Astound is electing to forego its Second Extension Option and allow the Agreement to terminate at the end of the First Extended Term, the Second Extension Option shall automatically take effect. In such event, the Second Extended Term shall begin on the twentieth (20th) anniversary of the Effective Date. As set forth in Section 3.3 and Section 4.3 above, the Shared Conduit License Fee and the Single User Conduit License Fee shall both automatically increase at the beginning of the Second Extended Term. The Second Extended Term shall expire one day prior to the thirtieth (30th) anniversary of the Effective Date.
5.4 Option to Purchase Astound Single User Conduit. Upon the expiration of the Term, Astound shall have the option to purchase the Astound Single User Conduit from the City in exchange for a one-time payment in the amount of Three Hundred Eighty Thousand and No/100 Dollars ($380,000.00) (the “Astound Single User Conduit Purchase Option”). To exercise the Astound Single User Conduit Purchase Option, Astound shall deliver written notice of exercise to the City no later than sixty (60) days following the expiration date. Title to the Astound Single User Conduit shall automatically transfer to Astound upon Astound’s payment of the purchase price to the City and the execution of a purchase agreement mutually agreeable to both parties.
5.5 Effect of Expiration. Upon the expiration or earlier termination of this Agreement, the Shared Conduit License and the Single User Conduit License shall each expire. All rights to use the Shared Conduit shall revert to the City. Unless Astound exercises the Astound Single User Conduit Purchase Option, all rights to use the Astound Single User Conduit shall revert to the City . Astound’s obligations, set forth in Article 6 below, to perform maintenance and repair with respect to the Shared Conduit, the City’s fiber installed within the Shared Conduit, the Astound Single User Conduit, the City Single User Conduit and the City’s fiber installed within the City Single User Conduit shall expire and Astound shall have no further obligation with respect to same. With respect to (i) Astound’s fiber and related Equipment installed within the Shared Conduit, and (ii) unless Astound exercises the Astound Single User Conduit Purchase Option, Astound’s fiber and related Equipment installed within the Astound Single User Conduit, Astound shall have the option, within ninety (90) days following the expiration or earlier termination of this Agreement, to remove same from the Shared Conduit and/or the Astound Single User Conduit, as applicable. At the end of said ninety (90) day period, any fiber, Equipment, and/or other personal property belonging to Astound that remains in the Shared Conduit and/or the Astound Single User Conduit (if Astound has DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 6
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 not exercised the Astound Single User Conduit Purchase Option) shall be deemed abandoned and automatically become the property of the City.
ARTICLE 6: ASTOUND’S MAINTENANCE AND REPAIR OBLIGATIONS
6.1 In General. As partial consideration for the Shared Conduit License and the Single User Conduit License, at all times during the Term, Astound shall be responsible for performing both routine, scheduled maintenance and emergency maintenance and repair for all of the following: (i) the Shared Conduit; (ii) the City’s fiber installed within the Shared Conduit; (iii) the City Single User Conduit; (iv) the City’s fiber installed within the City Single User Conduit; and (v) the Astound Single User Conduit and Astound fiber installed within the Astound Single User Conduit. Except for maintenance or repairs necessitated due to the City’s negligence or intentional misconduct, for which the City shall reimburse Astound, all such maintenance and repair shall be performed at Astound’s sole cost and expense. The scope of Astound’s maintenance and repair obligations is outlined below.
6.2 Routine Scheduled Maintenance and Repair. During the Term, Astound shall perform the same type, frequency and quality of regular, routine scheduled maintenance and repair with respect to the Shared Conduit, the City Single User Conduit and the Astound Single User Conduit that Astound performs with respect to Astound’s own communications conduit systems, which shall not materially deviate from industry standards. Such routine maintenance and repair shall include, by way of example only, (i) patrol of the conduit routes on a regularly scheduled basis, (ii) maintenance of a “call-before-you-dig” program and performance of all related locates associated with same, (iii) having qualified representatives on site any time Astound has reasonable advance knowledge that another person or entity is engaging in construction activities or otherwise excavating within five (5) feet of the conduit at issue, and (iv) repair or replacement of any damage to the conduit at issue. Should the City identify a need for maintenance, the City shall promptly report same to Astound so that Astound may perform same. Any scheduled maintenance that is reasonably expected to result in signal discontinuity shall be coordinated between the Parties and conducted at a mutually convenient date and time. Generally, such work should be scheduled to occur after 12:00 a.m. and before 6:00 a.m. local time. The City acknowledges and agrees that as long as routine maintenance is regularly performed with respect to communications conduit, there typically are no routine maintenance activities needed with respect to the fiber that is installed within such communications conduit.
6.3 Emergency Maintenance and Repair. During the Term, Astound shall perform any necessary emergency or other unscheduled maintenance activities with respect to all of the following (i) the Shared Conduit; (ii) the City’s fiber installed within the Shared Conduit; (iii) the City Single User Conduit; (iv) the City’s fiber installed within the City Single User Conduit; and (v) the Astound Single User Conduit. Astound’s network operations center is staffed twenty-four (24) hours per day, seven (7) days per week to accept notifications from the City regarding any problems with the aforementioned conduit and/or the aforementioned City fiber. (a) Emergency Maintenance and Repair of Conduit. The Parties agree that Astound’s priority in the event of damage to any of the conduit or fiber described in Section 6.3 above is the repair of signal discontinuity in damaged or cut active fibers. Accordingly, if conduit is damaged, but the fiber within the conduit is not damaged and is not in immediate danger of becoming damaged, Astound shall use commercially reasonable efforts to repair or replace the damaged conduit as soon as reasonably feasible, but such work may be performed during normal business hours and will receive a lower priority than maintenance or repair involving signal discontinuity. (b) Emergency Maintenance and Repair of Fiber. If the City’s fiber described in Section 6.3 above is damaged or in imminent danger of suffering damage, Astound shall immediately commence repair and restoration of same and complete said repair and restoration as soon as possible. In the event of damage to the City’s fibers, Astound shall use reasonable efforts to have its personnel at the site requiring emergency maintenance within four (4) hours after Astound becomes aware of the need for emergency maintenance. Astound shall use reasonable efforts to repair traffic-affecting fiber discontinuity within eight (8) hours after Astound’s maintenance personnel DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 7
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 arrive at the problem site. Periods of Excused Outage shall be excluded from the timelines set forth above. The term “Excused Outage” means any disruption to or unavailability of the City’s fibers that is caused by or due to any one or more of the following: (i) Force Majeure Events, (ii) the acts or omissions of City personnel or the City’s agents, contractors, or end users, (iii) the failure or malfunction of Equipment not belonging to Astound, (iv) Astound’s inability, due to no fault on the part of Astound, to access the location of the fiber cut, or (v) other causes beyond the reasonable control of Astound. Astound shall provide the City with regular status updates during the restoration process. Restoration of inactive fibers not immediately required for service shall be completed on a mutually agreed-upon schedule. Astound’s representatives that are responsible for initial restoration of a cut fiber optic cable shall carry on their vehicles the typical appropriate equipment that would enable a temporary splice, with the objective of restoring operating capability in as little time as possible.
6.4 Other Work Involving the Conduit. To facilitate Astound’s ability to maintain the communications conduit described in Section 6.1 above in good condition and repair, during the Term of this Agreement, Astound shall perform any and all other work involving said conduit, at Astound’s then-current hourly rates for such work. By way of example only, if the City desires to install additional fiber optic cable within the Shared Conduit or the City Single User Conduit, the City shall notify Astound and Astound shall perform the installation work. As an additional example, should the City desire to install an additional vault through which the Shared Conduit or the City Single User Conduit will be routed, the City shall notify Astound and Astound shall perform the installation work. The City shall pay Astound’s invoices for the costs of such additional work within sixty (60) days of receiving same.
6.5 Manner of Performance. Astound will perform all construction, installation, maintenance and repair work under this Agreement in a safe manner consistent with generally accepted installation standards in the communications industry, and in such a way as to reasonably minimize interference with the operation and use of the property on which the conduit at issue is installed. Prior to performing any construction or installation work involving the conduit, Astound will obtain any necessary federal, state and local permits, licenses and approvals. Astound shall not allow any materialman’s or mechanic’s liens to attach to the conduit or to any other property belonging to the City. After completing any maintenance or repair work on the conduit, Astound shall repair and restore any damage caused by Astound to the property, street, sidewalk, curbs, landscaping or other impacted areas, to the condition existing immediately prior to Astound's maintenance or repair work, reasonable wear and tear excepted.
6.6 Use of Contractors. The City expressly understands and agrees that Astound may use contractors to perform some or all of the work described in this Agreement. Astound shall be fully liable for the actions of its contractors.
ARTICLE 7: RELOCATION
The Parties recognize that, at one or more times during the Term, one or more portions of the Shared Conduit, the City Single User Conduit and/or the Astound Single User Conduit may need to be relocated, under any of the following circumstances: (i) the City is required to relocate the conduit by a third party with the legal authority to so require; or (ii)the City requires that the conduit be relocated. Should any of the foregoing occur, Astound shall, unless otherwise directed by the City, perform the desired or required relocation. In the event of any such relocation, Astound and the City shall cooperate in good faith to minimize any service interruptions by or to either Party. In the event of relocation of the Shared Conduit, the Parties shall share in the costs of the relocation based on each Party’s proportionate share of the total fiber strands located within the Shared Conduit (e.g., if there are 200 strands of fiber in the Shared Conduit at the time of relocation, 150 of which belong to the City and 50 of which belong to Astound, then the City would bear 75% of the relocation costs and Astound would bear 25% of the relocation costs). In the event of the relocation of the City Single User Conduit, the City shall reimburse Astound one hundred percent (100%) of Astound’s costs incurred in performing the relocation. In the event of the relocation of the Astound Single User Conduit, Astound shall bear one hundred percent (100%) of the costs incurred in performing the relocation.
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 8
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 ARTICLE 8: DEFAULT
8.1 Definition. A “Default” shall be deemed to have occurred under this Agreement under the following circumstances:
(a) in the case of a failure to pay any amount when due under this Agreement, a Party fails to pay such amount within fifteen (15) days after written notice from the other Party specifying such breach; or
(b) in the case of any other material breach of this Agreement, a Party fails to cure such breach within thirty (30) days after written notice from the other Party specifying such breach, provided that if the breach is of a nature that cannot reasonably be cured within said thirty (30) day time period, a Default shall not have occurred so long as the breaching Party has commenced cure within said thirty (30) day time period and thereafter diligently pursues cure to completion within ninety (90) days of receiving the original written notice regarding the breach.
8.2 Remedies. In the event of any Default hereunder, the non-Defaulting Party may do any one or more of the following: (i) take such actions as it deems reasonably necessary to correct the Default and charge the costs to the Defaulting Party; (ii) terminate this Agreement by delivering written notice of termination to the Defaulting Party; and/or (iii) pursue any other remedies available to it under this Agreement, at law or in equity.
8.3 No Waiver. A waiver by either Party at any time of any of its rights regarding a particular breach or Default of the other Party under this Agreement shall not be deemed a permanent waiver of such rights, nor shall any such waiver be deemed a waiver of any subsequent breach or Default.
ARTICLE 9: LIMITATION OF LIABILITY
9.1 No Special Damages. EXCEPT FOR (i) THE CONFIDENTIALITY OBLIGATIONS OF THE PARTIES CONTAINED IN ARTICLE 13 BELOW, (ii) THE THIRD-PARTY INDEMNIFICATION OBLIGATIONS OF THE PARTIES CONTAINED IN ARTICLE 10 BELOW, AND (iii) CLAIMS ARISING FROM A PARTY’S INTENTIONAL MISCONDUCT, NEITHER PARTY SHALL
BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL COSTS,
LIABILITIES OR DAMAGES, INCLUDING LOST PROFITS OR REVENUES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH, SUCH PARTY’S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER
THIS AGREEMENT, INCLUDING CLAIMS OF END-USERS OR CUSTOMERS, CLAIMS FOR WHICH DAMAGES ARE HEREBY SPECIFICALLY WAIVED.
9.2 Disclaimer of Warranties. EXCEPT FOR ANY COVENANTS, REPRESENTATIONS OR WARRANTIES EXPRESSLY
SET FORTH IN THIS AGREEMENT AND/OR ANY EXHIBIT(S) ATTACHED HERETO, NEITHER PARTY MAKES ANY
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DESCRIPTION, QUALITY, MERCHANTABILITY,
COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY OF THE SERVICES OR THE CONDUIT OR
RELATED FACILITIES PROVIDED PURSUANT TO THIS AGREEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
ARTICLE 10: THIRD-PARTY INDEMNIFICATION
10.1 Indemnification by Astound. Astound hereby agrees to indemnify, defend and hold the City, its employees, officers and directors (the “City Indemnified Persons”), harmless from and against any and all claims, lawsuits or damages asserted against the City Indemnified Persons by any third-party to the extent the same arise out of or are due to: (i) Astound’s negligence or willful misconduct in exercising its rights or performing its obligations under this Agreement; (ii) Astound’s noncompliance with or Default under this Agreement; and/or (iii) Astound’s failure to comply with applicable law in connection with its performance under this Agreement.
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 9
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022
10.2 Indemnification by the City. The City hereby agrees to indemnify, defend and hold Astound, its directors, officers, members, managers, employees and agents (the “Astound Indemnified Persons”), harmless from and against any and all claims, lawsuits or damages asserted against the City Indemnified Persons by any third-party to the extent the same arise out of or are due to: (i) the City’s negligence or willful misconduct in exercising its rights or performing its obligations under this Agreement; (ii) the City’s noncompliance with or Default under this Agreement; and/or (iii) the City’s failure to comply with applicable law in connection with its performance under this Agreement.
10.3 Procedure. Astound and the City each agrees to promptly provide the other with written notice of any claim which may result in an indemnification obligation hereunder. The indemnifying party may defend such claim with counsel of its own choosing provided that no settlement or compromise of any such claim shall occur without the consent of the indemnified party, which consent shall not be unreasonably withheld, conditioned or delayed.
ARTICLE 11: INSURANCE
11.1 Required Insurance. During the Term, each Party shall procure and maintain in force, at its own expense, insurance coverage in amounts that a reasonably prudent business person would maintain considering the obligations of the Parties hereunder, but in no event less than coverage of the following types and limits:
(a) Workers’ compensation as required by applicable law(s); (b) Employer’s liability with minimum limits of $1,000,000 each accident; (c) Commercial General Liability including coverage for (i) premises/operations, (ii) independent contractors, (iii) products/completed operations, (iv) personal injury, (v) contractual liability, and (vi) explosion, collapse and underground hazards, with combined single limit of not less than $2,000,000 each occurrence or its equivalent; (d) Automobile liability with minimum limits of $1,000,000 each accident; and (e) Excess or Umbrella Liability, applicable to items (b), (c) and (d), with minimum limits of $5,000,000, per occurrence.
11.2 Insurance Providers. Each Party shall maintain the required insurance coverage with insurers authorized to conduct business in the applicable jurisdiction(s) and having an AM Best Rating of A – /VII, or equivalent from another recognized rating agency, and each Party shall, upon request, provide the other Party with an insurance certificate confirming compliance with the requirements of this Article.
11.3 Failure to Carry. In the event either Party fails to maintain the required insurance coverage and, a claim is made or suffered, such Party shall defend, indemnify and hold harmless the other Party from any and all claims for which the required insurance would have provided coverage.
ARTICLE 12: FORCE MAJEURE EVENTS
Neither Party shall be liable for any delay in or failure of performance hereunder due to causes beyond such Party’s reasonable control including, but not limited to, acts of God, fire, flood, earthquake, ice storms, wind storms, or other sever weather events, explosion, vandalism, cable cut, terrorist acts, insurrection, riots or other civil unrest, national or regional emergency, unavailability of rights-of-way, a governmental authority’s failure to timely act, inability to obtain equipment, material or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction, action or request of any civil or military governmental authority (each, a “Force Majeure Event”).
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 10
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 ARTICLE 13: CONFIDENTIALITY
13.1 Definition of Confidential Information. “Confidential Information” shall mean all information, including the terms of this Agreement, regarding the telecommunications systems and business operations of the Parties which is disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”), to the extent that such information is marked or identified as confidential or proprietary or would be reasonably deemed confidential or proprietary given the circumstances surrounding its disclosure. Notwithstanding the foregoing, all written or oral pricing and contract proposals exchanged between the Parties shall be deemed Confidential Information, whether or not so designated. Information shall not be deemed Confidential Information if (i) it is independently developed by or for the Receiving Party, (ii) it is lawfully received by the Receiving Party free of any obligation to keep it confidential, (iii) it becomes generally available to the public other than by breach of this Agreement, or (iv) it was known to the Receiving Party prior to the Disclosing Party’s disclosure of same.
13.2 Protection of Confidential Information. Confidential Information is the property of the Disclosing Party and shall be returned to the Disclosing Party upon request. Receiving Party, including its officers, directors, employees, partners, affiliates, agents and representatives, shall hold all Confidential Information in confidence.
The Receiving Party: (i) shall use such Confidential Information only for the purposes of performing its obligations and/or enforcing its rights under this Agreement; (ii) shall reproduce such Confidential Information only to the extent necessary for such purposes; (iii) shall restrict disclosure of such Confidential Information to employees or contractors that have a need to know for such purposes (with disclosure to contractors being limited to contractors that have signed a non-disclosure agreement to protect the Confidential Information of third parties); (iv) shall not disclose Confidential Information to any third party without prior written approval of the Disclosing Party except as expressly provided in this Agreement or as required by law, by court order, by administrative order of an agency having jurisdiction, or in the enforcement of its rights under this Agreement; and (v) shall use at least the same degree of care (in no event less than reasonable care) as it uses with regard to its own proprietary or confidential information to prevent the disclosure, unauthorized use or publication of Confidential Information. Neither Party shall take any action, including intentional memorization of the other Party’s Confidential Information, with the intent or purpose of evading obligations contained in this Article 13. In the event a Receiving Party is required to disclose Confidential Information of the Disclosing Party pursuant to law, court order or administrative order of an agency having jurisdiction, the Receiving Party will, if such notice is permitted by law, notify the Disclosing Party of the required disclosure with sufficient time for the Disclosing Party to seek judicial relief from the required disclosure, and reasonably cooperate with the Disclosing Party in any efforts the Disclosing Party may take to obtain protective measures in respect to the required disclosure. The Parties agree that breach of this Article 13 may cause irreparable injury for which monetary damages are not an adequate remedy; accordingly, each Party may seek injunctive relief and any other available equitable remedies to enforce the provisions of this Article 13.
13.3 California Public Records Act. Notwithstanding anything to the contrary contained elsewhere in this Article 13, the Parties understand and acknowledge that the City is a governmental entity, and that California law limits the ability of the City to shield from public disclosure any information given to the City. Accordingly, the Parties agree to work together to avoid disclosures to the City by Astound of confidential information which would result in economic loss or damage to Astound if such information were to be disclosed to third persons by the City pursuant to a request submitted under the California Public Records Act, California Government Code §§ 6250 – 6276.48, or other similar public disclosure law. In the event that the City receives a request pursuant to the Public Records Act (or other similar law) to disclose Confidential Information belonging to Astound, the City’s sole obligations to Astound shall be: (i) to promptly notify Astound; and (ii) to refrain from disclosing such records for a period of up to ten (10) calendar days to allow Astound an opportunity to seek legal protection against disclosure from a court of competent jurisdiction. The City will not be required to withhold requested records beyond the ten (10) calendar days unless it may do so based on good faith reliance upon an exception to disclosure under the Public Records Act, or unless the City is ordered to withhold disclosure by the order of a court having competent jurisdiction. The City may, but shall not be required, to join in any legal proceedings relating to the requested disclosure. In the event that Astound initiates legal proceedings, or the City initiates legal proceedings or withholds requested records at Astound’s request, Astound shall indemnify and hold the City harmless from and against all DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 11
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 costs, attorneys’ fees, expenses, liabilities, damages or other liabilities the City may incur due to the legal proceedings initiated at and/or the City’s withholding of records at Astound’s request. The City shall not be liable to Astound for any loss, cost or expense relating to the disclosure of requested records if Astound fails to obtain legal protection against disclosure and the City releases the records in good faith. The indemnity provisions of this section 13.3, to the extent they are in conflict or inconsistent with the Limitation of Liability provision of Article 9 or the Third-Party Indemnification provisions of Article 10, shall govern and supersede Articles 9 and 10.
ARTICLE 14: DISPUITE RESOLUTION
14.1 Good Faith Negotiations. Except for actions seeking a temporary restraining order or injunction, in the event any controversy, disagreement or dispute (each, a “Dispute”) arises between the Parties in connection with this Agreement, the Parties shall use good faith efforts to resolve the Dispute through negotiation. In the event of a Dispute, either Party may give the other Party written notice of the Dispute (each, a “Dispute Notice”).
The parties will meet and attempt to resolve the Dispute within ninety (90) days of the date on which the Dispute Notice is delivered. All discussions occurring and documents exchanged during negotiations under this Section are confidential and inadmissible for any purpose in any legal proceeding involving the Parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation process. If the Parties do not resolve the Dispute within the ninety (90) day period, either of the Parties may pursue any remedy available to it under this Agreement, at law or in equity.
14.2 Governing Law. This Agreement and all matters arising out of this Agreement shall be governed by the laws of the State of California. Any judicial action arising in connection with this Agreement shall be in the Superior Court of the State of California in and for the County of San Luis Obispo , or in the Federal District Court for the Central District of California, as applicable. Each Party waives, to the fullest extent permitted by law, trial by jury of any disputes, claims or issues arising under the Agreement.
ARTICLE 15: ASSIGNMENT
Neither Party shall assign its rights under this Agreement without the prior written consent of the other Party, which will not be unreasonably withheld, delayed or conditioned; provided, however, that either Party may, without obtaining the consent of the other Party, assign its interest in and to this Agreement to: (i) any entity acquiring such Party, whether through merger or through purchase of substantially all the assets of said Party; or (ii) an Affiliate of such Party.
ARTICLE 16: REPRESENTATIONS AND COVENANTS
Each Party represents and covenants to the other Party as follows: (i) the execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorized; (ii) this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms; (iii) it has the power and authority to grant the rights it purports to grant and perform the obligations it undertakes to perform pursuant to this Agreement; (iv) to the best of its knowledge and belief, it is in material compliance with all laws, rules and regulations and court and governmental orders related to its operations; and (v) it shall comply with all applicable laws and regulations when exercising its rights and performing its obligations under this Agreement.
ARTICLE 17: NOTICES
Notices under this Agreement shall be in writing and transmitted to the Party’s addresses specified below, or such other addresses as the Party may specify by written notice, and will be considered given (i) when delivered in person to the recipient; (ii) five (5) days after being deposited in either registered or certified U.S. Mail, return receipt requested, postage prepaid; (iii) when delivered by a nationally recognized courier service; or (iv) when receipt of email delivery is confirmed by the recipient:
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DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 12
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 If to Astound:
Radiate Holdco, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Business Solutions
If to the City:
City Manager’s Office
154 S. 8th Street
Grover Beach, CA 93433
ATTN: Deputy City Manager
With a Copy to:
Radiate Holdco, LLC
650 College Road East, Suite 3100
Princeton, NJ 08540
ATTN: Legal Department
A Party may change its address and point of contact by notifying the other Party in writing in accordance with this Article.
ARTICLE 18: GENERAL PROVISIONS
18.1 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she has been duly authorized to execute this Agreement on behalf of the Party for whom he or she purports to sign this Agreement, and that this Agreement is binding on such Party in accordance with its terms.
18.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document signed by the Party against whom such modification is sought to be enforced.
18.3 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders.
18.4 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law.
18.5 No Joint Venture. The relationship between Astound and the City shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes.
18.6 No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of Astound and the City. No third party shall be deemed to have any rights under this Agreement; there are no third party beneficiaries to this Agreement.
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 13
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022
18.7 Survival. Those provisions of this Agreement that by their nature and import must survive the expiration or earlier termination of this Agreement in order to be given their full force and effect shall so survive.
18.8 Standard of Performance. All actions, activities, consents, approvals and other undertakings of the Parties in this Agreement shall be performed in a reasonable and timely manner. Except as specifically set forth herein, for the purpose of this Agreement the standards and practices of performance within the telecommunications industry in the relevant market shall be the measure of a Party’s performance.
18.9 Exhibits. The following Exhibits are attached to this Agreement and incorporated herein by this reference:
EXHIBIT A - Map Depicting Approximate Locations of Shared Conduit EXHIBIT B - Map Depicting Approximate Locations of Single User Conduits
18.10 Execution in Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same instrument. Any executed documents sent to the other Parties in portable document format(pdf) images via email will be considered the same as an original document. The Parties consent to the use of electronic signatures [Signatures on following page.]
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 14
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022 IN WITNESS WHEREOF, the City and Astound, intending to be legally bound hereby, have duly executed this Agreement as of the dates set forth below.
CITY:
City of Grover Beach, a California
municipal corporation
By
Name:
Title:
Date:
ASTOUND:
Radiate Holdco, LLC, a Delaware
limited liability company
By
Name:
Title:
Date:
Attest:
Wendi B. Sims, City Clerk
Approved as to Form:
David P. Hale, City Attorney
Digital West Networks, Inc., a
California corporation
By
Name:
Title:
Date:
Astound Broadband, LLC, a Washington
limited liability company
By
Name:
Title:
Date:
DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 Patrick Knorr
Patrick Knorr
CCO
CCO
3/18/2022
Patrick Knorr
3/18/2022
CCO
3/18/2022
AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 15
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022
EXHIBIT A
to
AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT
Map Depicting Approximate Locations of Shared Conduit
[TO BE INSERTED]
[The remainder of this page is intentionally left blank.] DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT pg. 16
City of Grover Beach / Radiate Holdco, LLC / Digital West Networks, Inc. / Astound Broadband, LLC 03/18/2022
EXHIBIT B
to
AGREEMENT FOR USE OF COMMUNICATIONS CONDUIT
Map Depicting Approximate Locations of Single User Conduits [TO BE INSERTED]
[The remainder of this page is intentionally left blank.] DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 DocuSign Envelope ID: A0169468-20BC-425A-82CA-D49D326FB2A4 Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 28, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, CIP Manager
Greg Ray, Public Works Director/City Engineer
SUBJECT: FY 2023-27 Capital Improvement Program Overview and Direction
RECOMMENDATION
Receive information on the draft Fiscal Year 2023-27 Capital Improvement Program (CIP) and provide direction to staff to finalize the CIP in conjunction with the FY 2022-23 budget.
BACKGROUND
The Capital Improvement Program (CIP) is a plan that outlines a schedule of expenditures for major capital projects estimated to cost $50,000 or more programmed over a five-year period (current and following four years). The CIP identifies projects, funding sources and schedules along with noting unfunded capital needs. A significant portion of the CIP involves projects related to advancing Council Goals and priorities including the Major City Goal of “Street Improvements” along with the Other Important Goals of “Building and Facility Improvements” and the recently adopted goal of “Water Resiliency.”
The Fiscal Year 2023-27 CIP identifies 20 proposed projects for the next fiscal year with a budget of approximately $12 million (referred to as FY 2023 CIP). Attachment 1 includes an initial draft of this CIP developed by staff that addresses Council priorities and infrastructure needs. Staff is bringing this draft to the Council for review and direction before the Council is asked to adopt a final version with adoption of the FY 2022-23 budget in June. Staff would note that many capital projects span multiple fiscal years and have already expended funding on studies, permitting and/or design. In addition, most of the projects identified for FY 2022-23 were approved last year by the Council as part of adopting the FY 2022-23 budget with staff proposing updates where needed with this new CIP. The CIP also includes a list of completed projects over the past fiscal year which is an extensive list including over $8 million in projects to date this year with a projection of nearly $12 million of CIP projects completed by the end of the fiscal year.
The following summary provides information on key projects in each of five major CIP categories:
• Parks
• Public Buildings and Facilities
• Streets and Storm Drains
• Water
• Wastewater
Parks – A particular notable achievement was the completion of the 16th Street Park project which included a new playground, lighting, and restroom rehabilitation (CIP 1004). The City also installed a decomposed granite walkway at Mentone Basin Park (CIP 1251). The Council adopted Staff Report: FY 2023-27 Capital Improvement Program Overview and Direction Page 2 March 28, 2022
the Ramona Garden Park Master Plan (CIP 1258) in November 2020 and the CIP for FY 2023 includes development design and construction documents for Ramona Garden Park (CIP 1259) to begin implementing the first phase of the Master Plan.
Public Buildings and Facilities –The CIP identifies four projects funded in FY 2023. The projects include a new project of Fire Station Improvements (CIP 3005) with $100,000 budgeted from the General Fund, Disability Access Improvements at various City facilities (CIP 3003) which includes curb ramps with $100,000 budgeted from the General Fund, and Corporation Yard improvements including design and potential property acquisition (CIP 3002) with $600,000 budgeted from the General Fund and Enterprise Funds.
This category also includes a Facilities Conditions and Needs Assessment for FY 2023 (CIP 3004) given the escalation of maintenance needs and costs from the City’s aging facilities. The condition and needs assessment will provide an analysis of City facilities and provide the City with an understanding of how well the facilities can meet current and future needs of the organization while continuing to provide responsive services to the public. The results of this assessment will be provided by late 2022 and help shape future CIPs.
Streets and Storm Drains – As in previous CIPs, this is the single largest funded category in the draft CIP given the extent of street repairs and related construction with approximately $6 million budgeted for FY 2023. The City recently completed CIP 2284 (S. Oak Park Boulevard) for the City’s first repair project of a major street in many years. The City also completed a number of Measure K-14 Projects including CIP 2295-11 (portions of North and South 14th Street, N. 8th and S. 9th), CIP 2295-10 (portions of Seabright Avenue, Trouville Avenue, Manhattan Avenue, South 10th Street, and S. 11th Street), and CIP 2295-12 (street maintenance in various locations).
The City has several Measure K-14-funded Street Rehabilitation and Repair Projects currently underway including CIP 2295-13 (portions of Seabright, Manhattan, S. 10th and S. 12th) and design for CIP 2295-14 (portions of Trouville, S. 7th, Ocean View, Nacimiento, Mono, Owens, Margarita and Angello Terrace). The FY 2023 CIP also includes constructing CIP 2295-14, CIP 2295-15 (portions of S. 7th, S. 10th, Manhattan, Seabright, Charles, N. 2nd and N. 6th), CIP 2274 (cost sharing for sidewalk infill in conjunction with the Measure K-14 Projects), and CIP 2287 (West Grand Avenue Streetscape – 4th to 8th), which will be the City’s second repair project involving a major street. Staff is also considering advancing the design for 2295-15 to start this fiscal year instead of next year depending on workload.
Water –Construction is complete on a $2.5 million Community Development Block Grant (CDBG) funded project to upgrade 2” and 4” Water Mains throughout the city (CIP 4267-2). Construction is ongoing for upgrading water mains that are not eligible for the CDBG funds (CIP 4004). A grant funded feasibility study was also completed for the Lopez Waterline Booster Station (CIP 4265).
The FY 2023 CIP includes priority projects as recommended in the Water Master Plan including construction for Water Main Valves (CIP 4007), a Water Meter Replacement Program (CIP 4270), Well Capacity Analysis (CIP 4008) and Reservoir Maintenance (CIP 4391). The CIP also includes a funding allocation for design engineering work necessary to support the Central Coast Blue recycled water project in support of water resiliency needs (CIP 4001).
Wastewater –Staff completed the first phase of a multi-year sewer system upgrade project to support future development (CIP 5001), including the Highland Sewer Project along with the design for the Front Street Lift Station Upgrades (CIP 5003) and the Nacimiento Lift Station Upgrades (CIP 5004). Staff determined that it was more economical to combine the second phase of CIP 5001 and CIP 5002 (upgrades to support current needs) and design for this larger project is underway with construction planned to start in FY 2023. Design for another sewer main upgrade Staff Report: FY 2023-27 Capital Improvement Program Overview and Direction Page 3 March 28, 2022
project (CIP 5010 North 9th Street and Atlantic City to Ritchie Road and North 12th Street) will start next fiscal year, along with construction of the Front Street Lift Station upgrades (CIP 5003), and design and construction for the Nacimiento Lift Station upgrades (CIP 5004).
Table 1 below summarizes the FY 2023 funding allocations identified for each category:
Table 1
Project Category Total Budget
Parks $391,000
Public Buildings and Facilities $1,037,634
Streets and Storm Drains $5,955,000
Water $1,972,761
Wastewater $2,880,000
Total $12,236,395
In addition, the CIP identifies over $53 million in unfunded capital needs in each of the five categories listed above. Examples of such unfunded needs include a portion of the Ramona Garden Park improvements ($1.4 million), West Grand Avenue Storm Drain Improvements ($5 million), Major Street Rehabilitation for additional streets ($9 million), Citywide Disability Access Improvements ($20 million) and a new City Hall Civic Center ($9.5M). Other unfunded potential projects include recommendations from the Parks, Recreation and Beautification Commission (PRBC) such as a new softball field at 16th Street Park, exercise equipment at Mentone Basin Park, and improvements at the Community Center. The PRBC also discussed a dog park and a public art project on North 4th Street. Staff will continue to explore funding sources for these needs while incorporating input and direction from the Council on these items.
Staff is seeking input and direction from the Council in finalizing the FY 2023-27 CIP as part of the proposed FY 2022-23 budget the Council will receive in May. Lastly, staff recognizes the extent of this capital program workload and continually looks at ways to help enable the timely and effective delivery of these capital projects.
FISCAL IMPACT
The draft CIP identifies projects funded by eight different funding sources. As noted earlier, information included in the draft is preliminary and subject to change, including the amount of funds budgeted in FY 2023. The following summary provides information on proposed allocation of funds for FY 2023 from each of the eight funding categories.
General Fund – $2,155,000 is identified for the City Corporation Yard (CIP 3002), Disability Access Improvements (CIP 3003), Facilities Conditions and Needs Assessment (CIP3004), Fire Station Improvements (CIP 3005), and West Grand Avenue Streetscape (CIP 2287) projects.
Park Facilities Development Impact Fee Fund - $391,000 is identified for CIP 1259 to develop design documents for Ramona Garden Park construction.
Local Transportation Fund (LTF) - $160,000 (which includes a balance of LTF from FY 2022 and the FY 2023 LTF allocation) is identified for the Train Station Stormwater Alternative Compliance Project (CIP 2004) and the West Grand Avenue Streetscape Project. SLOCOG will be issuing a call for projects for LTF funds and staff will pursue these funds for the West Grand Avenue Project.
LTF funds can be used for transportation system improvements, major street rehabilitation and pedestrian and traffic safety enhancements. At the time of publishing this staff report, the city Staff Report: FY 2023-27 Capital Improvement Program Overview and Direction Page 4 March 28, 2022
learned that the FY23 allocation for LTF was significantly higher than anticipated. These funds will be allocated accordingly.
Gas Tax Fund - $100,000 is identified for work on major streets (CIP 2287) and Sidewalk Infill Project (CIP 2274). Gas Tax funding can be used for major street repairs, sidewalk repairs and infill, and pedestrian and traffic safety upgrades.
Gas Tax (RMRA) Fund – This fund accrues from Senate Bill 1 passed in 2017 with the annual allocation of $240,000 allocated in FY 2023 for the West Grand Avenue Streetscape project (CIP 2287).
Street Bond Funds (Measure K-14) - $3,230,000 is identified for work on CIPs 2295-14 and 2295-
15. Staff is also looking to advance the design for 2295-15 and is recommending allocating $30,000 of remaining funds from a completed Measure K-14 project (CIP 2295-10) to CIP 2295- 15 for this fiscal year (FY 2022).
Water Enterprise Fund - $2,117,761 of this fund is identified for water projects in FY 2023 as noted earlier in the report and for water line work required for various street projects.
Wastewater Enterprise Fund - $2,835,000 is identified for wastewater projects in FY 2023.
Wastewater Development Impact Fee Fund –$170,000 is identified for sewer system upgrades associated with existing flows for two separate projects (CIP 5002 and CIP 5010).
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive a report on the draft Fiscal Year 2023-27 Capital Improvement Program (CIP) and provide direction to staff to finalize the CIP; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Draft Fiscal Year 2023-27 Capital Improvement Program
2. Budget Amendment Request Form (BAR)
CITY OF
GROVER BEACH
Capital Improvement Program 2023-2027
OVERVIEW WATER
Executive Summary 1 Central Coast Blue - CIP 4001 38
Revenue Fund Numbers and Descriptions 2 Water Main Zone Valves - CIP 4007 39 Potential Federal and State Funding Sources 3 Well Capacity Analysis - CIP 4008 40 Projected Revenue Summary 4 16th Street Booster Station - CIP 4015 41 Expenditure Summary by Project Category 5 Meter Replacement Program - CIP 4270 42 Completed Projects 7 Reservoir Maintenance - CIP 4391 43
PARKS / COMMUNITY SERVICES WASTEWATER
Mentone Basin Park - CIP 1002 15 SS Upgrade for Existing Flows - CIP 5002 44 Ramona Garden Park Rehabilitation - CIP 1259 16 Front Street Lift Station - CIP 5003 45 South Oak Park Lift Station - CIP 5005 46
Sewer Upgrade for Existing Flows - CIP 5010 47
PUBLIC BUILDINGS / FACILITIES Citywide Sewer Lining Project - CIP 5269 48 City Corporation Yard Improvements - CIP 3002 17
Citywide ADA Transition Plan - CIP 3003 18 UNFUNDED NEEDS 49 Facilities Conditions Assessment - CIP 3004 19
Fire Station Improvements - CIP 3005 20
Ramona Square Parking Lot - CIP 3393 21
STREETS / STORM DRAINS
Annual Street Lighting Project - CIP 2003 22
Train Station Stromwater Alt Compliance - CIP 2004 23
Citywide Sidewalk Infill - CIP 2274 24
Major Street Rehabilitation Program
CIP 2285 North 4th Street 25
CIP 2286 West Grand Avenue 26
CIP 2287 West Grand Avenue-Streetscape 27
CIP 2288 South Oak Park Blvd 28
Measure K-14 Local Street Rehabilitation and Repair
CIP 2295-14 30
CIP 2295-15 31
CIP 2295-16 32
CIP 2295-17 33
CIP 2295-18 34
CIP 2295-19 35
CIP 2295-20 36
CIP 2295-21 37
2023-2027 CAPITAL IMPROVEMENT PROGRAM
TABLE OF CONTENTS
CAPITAL IMPROVEMENT PROGRAM
2023 - 2027
Executive Summary
The City’s Capital Improvement Program (CIP)
outlines a schedule of expenditures over the
ensuing five-year period (2023 – 2027). The CIP
does not address all of the capital expenditures for
the City, but provides for larger scale infrastructure
improvements, that are permanent in nature,
including transportation systems, utilities, water
and wastewater systems, and municipal facilities.
Projects in this document must be in excess of
$50,000 with a useful life of at least ten years; or a
study of at least $50,000 that will lead to such
projects; or add to the value or capacity of the
infrastructure of the City. Projects that are
considered operational or routine maintenance are
excluded from this program.
The Capital Improvement Program proposes
project funding relative to the anticipated
availability of fiscal resources and the choice of
specific improvements to be achieved throughout
the five year plan. The Projected Revenue
Summary on page 4 identifies eighteen (14)
revenue sources and their use by year for FY
2023-2027.
The Expenditure Summary on pages 5 & 6
identifies project expenditures in the following five
categories: Parks/Community Services;
Street/Storm Drain; Public Buildings/Facilities;
Water; and Wastewater. The expenditure
summary for FY 2023 indicates a total of
$12,236,395 in spending within the five project
categories.
Detailed information regarding each identified
project can be found on pages 15 - 48. The
information provided includes a project
description, the current status of the project,
identified funding sources and the total projected
project cost.
As is often the case, funding needs identified in
the CIP exceeds the available funding. Page 50
shows a list of 16 capital needs identified at a cost
of approximately $53 million that do not have an
established, secure source of funding at this time.
These identified needs will be considered as
potential funding sources are identified.
Maximizing the City's funding and addressing
rising costs incurred in maintaining and
rehabilitating infrastructure make the process of
selecting capital projects to fund challenging.
There are several types of capital needs, such as
construction of new, first-time improvements,
replacement of aged infrastructure that is at or
beyond its service life or large scale capital
maintenance. In addition, studies related to the
City’s various infrastructure asset categories are
included in the CIP if the study will result in future
capital improvements projects.
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 1 Revenue Funds
Revenue Fund Reference Numbers and Descriptions:
01 - General Fund
04 - Traffic Congestion Relief Fund
10 - Parks Construction Fund
15 - Underground Utilities Fund
17 - Gas Tax Fund
18 - Local Transportation Fund
19 - Gas Tax Fund RMRA (SB1)
20 - Street Rehabilitation and Repair K-14 Bond Fund
30 / 31- Community Development Block Grant
CAPITAL IMPROVEMENT PROGRAM
This fund accounts for apportioned revenue from the state and is restricted in use to acquisition of rights of way, construction, maintenance, engineering and administrative costs associated with the public street system, as well as transit-related costs. Income derived from state and federal grants generally administered by SLOCOG and Caltrans Local Assistance and include State Highway Account Urban and Regional (USHA and RSHA) funds.
This (Quimby Act) fund accounts for parks construction developers fees. Per GBMC Chapter 11, fund use is restricted to developing new park improvements or rehabilitating existing parks or facilities within the City.
SB 1 enables cities and counties to address significant maintenance, rehabilitation and safety needs on the local street and road system. The intent of the funding is to maintain roads and address small problems immediately, so they don’t get worse and cost more to fix later.
This fund is the primary fund for the City. In addition to Capital Improvements, most of the City's general operations and services are supported by this fund. Income generally consists of property, sales, and other tax revenues.
These funds must be used for street and road maintenance, rehabilitation, or reconstruction. Income is derived from fuel sales tax, State General Fund and tribal gaming. Requires continual expenditure of general funds at historic levels to be eligible for these funds.
This fund accounts for all revenues and expenditures associated with the federal CDBG program.
Funds may be used for economic development, housing or public service projects which primarily benefit low- and moderate-income residents.
This fund accounts for underground utility developer fees restricted to the placement of utility lines underground in accordance with City Council priorities set by resolution.
This fund is generated by voter approved Measure K-14 bond sales and is used for the rehabilitation and repair of local streets.
These funds are restricted in use to acquisition of rights of way, construction, maintenance, engineering and administrative costs of the public street system. Income is derived from state excise taxes on fuel and is allocated to the City in accordance with Streets and Highway Code Section 2103-2108.
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 2 Revenue Funds
Revenue Fund Reference Numbers and Descriptions:
CAPITAL IMPROVEMENT PROGRAM
50 -Transportation Development Impact Fee Fund
55 - Wastewater Development Impact Fee Fund
56 - Parks Facility Development Impact Fee Fund
57 - Recreation Facility Development Impact Fee Fund
80 - Wastewater Fund
81 - Water Fund
82 - Water Conservation Fund
91 - Trust and Agency Account
Regional Transportation Improvement Program (RTIP)
Integrated Regional Water Management (IRWM) Proposition 1 Potential Federal, State and Local Funding Sources:
The IRWM is a collaborative effort to manage all aspects of water resources in a region.
This program is developed through regional cooperation between local agencies and SLOCOG, implemented by SLOCOG and receives state and federal funding. The Moving Ahead for Progress in the 21st Century Act (MAP-21) includes a suite of federal funds. These include: Transportation Alternatives Program (TAP) funds and Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds. State funding sources include: Proposition 1B funds, Local Transportation Funds (LTF), Bicycle Transportation Account (BTA) funds, and Safe Routes to School (SR2S) funds.
This fund is used for maintenance, operation and construction of wastewater and storm water infrastructure improvements. Income is derived from sewer user fees.
This fund is used for maintenance, operation and construction of water infrastructure improvements.
Income is derived from water user fees.
This fund accounts for fees generated by development for the construction of recreation facilities.
This fund receives water conservation fees from developers and is restricted to water conservation projects and programs within the City.
This fund accounts for fees generated by development for the construction of sanitary sewer facilities.
This fund accounts for private donations made to the City for specific uses/projects.
This fund accounts for fees generated by development for the construction of parks facilities.
This fund accounts for fees generated by development for the construction of transportation facilities.
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 3
CAPITAL IMPROVEMENT PROGRAM
2023 - 2027
Projected Revenue Summary
Fund #
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget FY 2025 FY 2026 FY 2027
01 General Fund $22,976 $787,634 $2,155,000 $2,400,000 $2,335,000 $2,435,000 $2,960,000 10 Parks Construction Fund $9,000 $0 $0 $0 $0 $0 $0
15 Underground Utilities Fund $0 $0 $0 $0 $0 $0 $0
17 Gas Tax Fund $0 $50,000 $100,000 $225,000 $175,000 $255,000 $100,000 18 Local Transportation Fund $59,574 $0 $160,000 $200,000 $100,000 $100,000 $100,000 19 Gas Tax Fund (RMRA) $0 $0 $240,000 $240,000 $240,000 $240,000 $240,000 20 Street Rehabilitation and Repair Bond Fund $220,000 $0 $3,230,000 $3,880,000 $2,180,000 $2,800,000 $2,290,000 50 Transportation Development Impact Fee $0 $0 $0 $0 $0 $0 $0 55 Wastewater Development Impact Fee $0 $85,000 $85,000 $0 $0 $0 $0 56 Parks Facility Development Impact Fee $0 $391,000 $0 $0 $0 $0 $0 57 Recreation Facility Development Impact Fee $0 $0 $0 $0 $0 $0 $0 80 Wastewater Fund $120,000 $1,305,000 $1,530,000 $1,250,000 $840,000 $930,000 $878,500 81 Water Fund $75,000 $1,822,761 $295,000 $2,445,000 $370,000 $1,268,311 $1,698,123 Other Agency / District $0 $0 $0 $0 $950,000 $0 $0
TOTAL $506,550 $4,441,395 $7,795,000 $10,640,000 $7,190,000 $8,028,311 $8,266,623 CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPTIAL PROJECTS - 4
CAPITAL IMPROVEMENT PROGRAM
2023 - 2027
Expenditure Summary by Project Category
PARKS / COMMUNITY SERVICES
CIP #
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget FY 2025 FY 2026 FY 2027
1002 $0 $0 $0 $0 $0 $200,000 $0
1259 $9,000 $0 $391,000 $500,000 $500,000 $1,000,000 $1,000,000 SUBTOTAL $9,000 $0 $391,000 $500,000 $500,000 $1,200,000 $1,000,000
PUBLIC BUILDINGS / FACILITIES
CIP #
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget FY 2025 FY 2026 FY 2027
3002 $0 $0 $675,000 $0 $0 $0 $2,600,000
3003 $82,550 $0 $112,634 $0 $100,000 $0 $0
3004 $0 $0 $150,000 $0 $0 $0 $0
3005 $0 $0 $100,000 $0 $0 $0 $0
3393 $0 $0 $0 $50,000 $950,000 $0 $0
SUBTOTAL $82,550 $0 $1,037,634 $50,000 $1,050,000 $0 $2,600,000
STREETS / STORM DRAINS
CIP #
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget FY 2025 FY 2026 FY 2027
2003 $0 $0 $100,000 $0 $100,000 $0 $100,000
2004 $0 $0 $90,000 $0 $0 $0 $0
2274 $0 $0 $50,000 $100,000 $50,000 $100,000 $100,000
2285 $0 $0 $0 $1,815,000 $0 $0 $0
2286 $0 $0 $0 $0 $2,100,000 $0 $0
2287 $0 $0 $2,415,000 $600,000 $0 $0 $0
2288 $0 $0 $0 $0 $0 $1,730,000 $700,000
2295-14 $220,000 $0 $2,620,000 $0 $0 $0 $0
2295-15 $0 $0 $680,000 $1,320,000 $0 $0 $0
2295-16 $0 $0 $0 $600,000 $0 $0 $0
2295-17 $0 $0 $0 $2,000,000 $20,000 $0 $0
2295-18 $0 $0 $0 $0 $2,200,000 $0 $0
2295-19 $0 $0 $0 $0 $0 $2,820,000 $0
2295-20 $0 $0 $0 $0 $0 $0 $1,150,000
2295-21 $0 $0 $0 $0 $0 $0 $1,200,000
SUBTOTAL $220,000 $0 $5,955,000 $6,435,000 $4,470,000 $4,650,000 $3,250,000 CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 5 2022 - 2026
Expenditure Summary by Project Category - Continued
WATER
CIP #
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget FY 2025 FY 2026 FY 2027
4001 $75,000 $0 $1,647,761 $730,000 $0 $318,311 $636,623 4007 $0 $0 $50,000 $25,000 $0 $0 $0
4008 $0 $0 $75,000 $0 $0 $0 $0
4015 $0 $0 $0 $0 $180,000 $780,000 $0
4270 $0 $0 $150,000 $150,000 $150,000 $150,000 $150,000 4391 $0 $0 $50,000 $1,500,000 $0 $0 $0
SUBTOTAL $75,000 $0 $1,972,761 $2,405,000 $330,000 $1,248,311 $786,623
WASTEWATER
CIP #
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget FY 2025 FY 2026 FY 2027
5002 $90,000 $0 $2,580,000 $0 $0 $0 $0
5003 $30,000 $0 $100,000 $0 $0 $0 $0
5005 $0 $0 $0 $150,000 $0 $0 $0
5010 $0 $0 $200,000 $1,000,000 $740,000 $830,000 $530,000 5269 $0 $0 $0 $100,000 $100,000 $100,000 $100,000
SUBTOTAL $120,000 $0 $2,880,000 $1,250,000 $840,000 $930,000 $630,000 TOTAL $506,550 $0 $12,236,395 $10,640,000 $7,190,000 $8,028,311 $8,266,623 CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 6
CAPITAL IMPROVEMENT PROGRAM
Completed Projects
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 7 Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
CAPITAL IMPROVEMENT PROGRAM
COMPLETED PROJECTS - FY 2022
$557,000
$408,580
Description of completed work: Project included the
renovation of the park restrooms, installation of new
pedestrian level park lighting, and construction of playground equipment encompassing inclusive play elements.
Propostion 68 Fund and Fund 1, Fund
56, Fund 91
Fund 10, Fund 56
16th Street Park Improvements - CIP 1004
Mentone Basin Park Improvements - CIP 1251
$50,000
$50,000
Description of completed work: Installed a DG Path and
reconfigued the parking along the Trouville Avenue side of the park in coordination with the 2295-10 street project.
Skate Park Improvements - CIP 1260
Description of completed work: Project included providing lighting and demolition/removal of the kiosk and restroom.
Fund 1
$328,000
$100,000
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 8
CAPITAL IMPROVEMENT PROGRAM
COMPLETED PROJECTS - FY 2022
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
Sidewalk Repair Program, CIP 2275
Description of completed work: Project included repair of various sidewalks and corner ramps to enhance pedestrian access.
City Hall Improvements, CIP 3263
Description of completed work: Project included exterior paint to City Hall, the Police Station, and Fire Station. Work also modifications to the employee entrance and interior doors.
$84,002
Cost TBD, Quotes due in mid-April
Fund 1, Fund 80 and Fund 81
Fund 1
Police Station Improvements, CIP 3264
$50,000
Fund 17
Description of completed work: Improvements included the installation of a canopy to protect vehicles, repaving the parking lot, and improving storage facilities.
$250,000
$120,000
$50,000
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 9
CAPITAL IMPROVEMENT PROGRAM
COMPLETED PROJECTS - FY 2022
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
Local Street Rehabilitation and Repair - CIP 2295-10
Description of completed work: This project consisted of street improvements on Manhattan Avenue, Seabright
Avenue, Trouville Avenue, 10th Street, South 11th Street, Rincon Court, Malibu Court, Jalama Court, and Stinson Court. $2,000,000
$1,134,000
$2,141,799
Fund 80
Local Street Rehabilitation and Repair - CIP 2295-11
Description of completed work: This project consisted of street improvements on North 14th Street, South 14th Street, North 8th Street and South 9th Street. This project also includes sidewalk infill on South 14th Street.
$2,074,464
$2,300,000
Fund 20 and Fund 81
$2,500,000
Fund 17, Fund 18, Fund 19, Fund 50,
and Fund 81
Major Street Rehabiliation, South Oak Park Boulevard - CIP 2284 Description of completed work: Rehabilitation of South Oak Park Boulevard from Grand Avenue to Mentone Avenue.
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 10
CAPITAL IMPROVEMENT PROGRAM
COMPLETED PROJECTS - FY 2022
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
$42,730
Fund 81
Local Street Rehabilitation and Repair - CIP 2295-13
Description of completed work: This project consisted of street improvements Manhattan Avenue, Seabright Avenue, South 10th Street, and South 12th Street
$2,530,000
$2,250,000
Fund 20 and Fund 81
$681,050
Water Main Upgrades - CIP 4004
Description of completed work: This project consisted of upgrades failing and undersized water mains.
$662,239
Fund 81
Water Delivery Upgrades - CIP 4265
Description of completed work: Designed a pump station
on the Grover Beach turn-ut of the Lopez waterline.
Anticipated construction costs are approximately $1.6M; see unfunded needs section.
$75,000
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 11
CAPITAL IMPROVEMENT PROGRAM
COMPLETED PROJECTS - FY 2022
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources:
Project Budget:
Total Project Cost:
Funding Sources: Fund 80
Fund 31
Nacimiento Lift Station Upgrades - CIP 5004
Description of completed work: This project consisted of street improvements on North 14th Street, South 14th Street, North 8th Street and South 9th Street. This project also includes sidewalk infill on South 14th Street.
$150,000
$20,200
Fund 55 and Fund 80
$418,293
$690,000
Description of completed work: Installation of Sanitary Sewer Main on Highland Way, included the installation of sewer service for the City's Corporation Yard
Sewer System Upgrades - CIP 5001
Upgrade 2" and 4" Water Mains - CIP 4267-2
Description of completed work: Upgrade 2" and 4" water
mains to increase fire flow or domestic flow/pressure, as identified in the Water Master Plan.
$1,900,000
$2,586,418
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 12
CAPITAL IMPROVEMENT PROGRAM
COMPLETED PROJECTS - FY 2022
PAGE INTENTIONAL LEFT BLANK
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 13
CAPITAL IMPROVEMENT PROGRAM
Current Projects
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 14 .
Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $30,000
Construction $170,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $0 $200,000 $0
Funding Source(s)
General Fund (01) $200,000
Parks Construction (10)
Parks Facility DIF (56)
Funding Totals $0 $0 $0 $0 $0 $0 $200,000 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP 1002: MENTONE BASIN PARK IMPROVEMENTS
Project Type: Parks / Community Service
Location: Mentone Basin Park
Project Manager: Greg Ray
Project Phase: Construction
Estimated
Completion
Date:
FY26
Project started in a
previous FY: ✓
Total Project Cost: $200,000
Description or
Justification
The project will develope a new or expanded park ammenity at the former Carolan House Site, located on the North East corner of South 14th Street and Mentone Avenue.
City Council Goals Streets and Other Capital Improvements - improve other infrastructure such as City Parks, recreation facilities and other public buildings.
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study:
Improves quality of existing services:
Provides incentive to economic development:
Addresses public health / safety need:
Reduces long-term operating costs: Other:
Grant eligible:
Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 15 .
Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $9,000 $391,000
Construction $500,000 $500,000 $1,000,000 $1,000,000
Management
Contingency
Expenditure Totals $0 $9,000 $0 $391,000 $500,000 $500,000 $1,000,000 $1,000,000 Funding Source(s)
General Fund (01) $500,000 $500,000 $1,000,000 $1,000,000 Parks Construction (10) $9,000
Parks Facility DIF (56) $391,000
Funding Totals $0 $9,000 $391,000 $0 $500,000 $500,000 $1,000,000 $1,000,000 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓ ✓
✓
Addresses public health / safety need: Grant eligible: ✓ Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
Implement the master plan that was completed in FY21. Construction elements include a playground (pontentially including water play), an amphitheater, a plaza, new park restrooms, an addition to the building, a new park entrance, an outdoor classroom, a walking path and an adult fitness area. FY23 includes construction documents for the phased project; Phase 1 is the playground for FY24 and FY25.
Design
Estimated
Completion
Date:
FY30
Project started in a
previous FY:
City Council Goals Streets and Other Capital Improvements - improve other infrastructure such as City Parks, recreation facilities and other public buildings.
*estimated balance will carry-over to FY23
CAPITAL IMPROVEMENT PROGRAM
CIP 1259: RAMONA GARDEN PARK REHABILITATION
Project Type: Parks / Community Service
Location: Ramona Garden Park
Project Manager: Erin Wiggin
Project Phase:
Total Project Cost: $4,800,000
Description or
Justification
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 16 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design/Acquisition $675,000
Construction $2,600,000
Management
Contingency
Expenditure Totals $0 $0 $0 $675,000 $0 $0 $0 $2,600,000 Funding Source(s)
General Fund (01) $75,000 $400,000 $1,500,000
Wastewater Fund (80) $125,000 $248,500
Water Fund (81) $75,000 $851,500
Funding Totals $0 $0 $75,000 $600,000 $0 $0 $0 $2,600,000 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 3002: CITY CORPORATION YARD IMPROVEMENTS
Project Type: Public Buildings/Facilities
Location: 1150 Farroll Road
Project Manager: Erin Wiggin
Project Phase: Design/Acquisition
Estimated Completion
Date: FY22
Project started in a
previous FY: ✓
Total Project Cost: $3,275,000
Description or
Justification
Needs assessment was completed in FY21. Design and acquistion of one or two neighboring properties will be negotiated in FY23. Construction of improvements will start in FY27. Refer to unfunded needs section for remaining construction funds.
Responds to Federal or State requirement:
Grant eligible:
Other:
Identified in Planning document/study:
City Council Goals Streets and Other Capital Improvements - improve other infrastructure such as public buildings. *estimated balance will carry-over to FY23
City Council goal: Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 17 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $14,390 $15,000
Construction $426 $79,550 $94,634 $100,000
Management $3,000 $3,000
Contingency
Expenditure Totals $14,816 $82,550 $0 $112,634 $0 $100,000 $0 $0 Funding Source(s)
General Fund (01) $14,390 $22,976 $12,634 $100,000 $100,000 Local Transportation (18) $426 $59,574
Water Fund (81)
Funding Totals $14,816 $82,550 $12,634 $100,000 $0 $100,000 $0 $0 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
✓
Reduces long-term operating costs:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
City Council goal:
Identified in Planning document/study:
*estimated balance will carry-over to FY23
Improves quality of existing services:
Addresses public health / safety need:
$360,000
Description or
Justification
The City has an ADA Transition Plan and funding will be allocated to address items in this plan. Improvements are identified in public rights of way, facilities and program improvements. FY23 includes curb ramps in conjunction with street projects. FY25 will be determined at a later date. See unfunded needs for all recommended improvements; approximate cost is $20M.
City Council Goals Pedestrian and Bicycle Safety
CAPITAL IMPROVEMENT PROGRAM
CIP 3003: CITYWIDE DISABILITY ACCESS IMPROVEMENTS
Project Type: Public Buildings/Facilities
Location: Citywide
Project Manager: Erin Wiggin
Project Phase: On-Going
Estimated Completion
Date: On-Going
Project started in a
previous FY: ✓
Total Project Cost:
CITY OF GROVER BEACH ADOPTED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 18 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $150,000
Construction
Management
Contingency
Expenditure Totals $0 $0 $0 $150,000 $0 $0 $0 $0
Funding Source(s)
General Fund (01) $150,000
Wastewater Fund (80)
Water Fund (81)
Funding Totals $0 $0 $0 $150,000 $0 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP 3004: FACILITIES CONDITIONS AND NEEDS ASSESSMENT
Project Type: Public Buildings/Facilities
Location: 154 South 8th Street
Project Manager: Greg Ray
Project Phase: On-Going
Estimated Completion
Date:
Project started in a
previous FY: ✓
Total Project Cost: $150,000
Description or
Justification
City facilities are aging with most facilities decades old with escalating costs of maintenance needs along with limited space for both employees and the public. This assessment will provide an analysis of City facilities to identify facility needs and help prioritize future capital improvements City Council Goals Streets and Other Capital Improvements - improve other infrastructure such as public buildings.
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
City Council goal:
Identified in Planning document/study:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 19 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $100,000
Management
Contingency
Expenditure Totals $0 $0 $0 $100,000 $0 $0 $0 $0
Funding Source(s)
General Fund (01) $100,000
Wastewater Fund (80)
Water Fund (81)
Funding Totals $0 $0 $0 $100,000 $0 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 3005: FIRE STATION IMPROVEMENTS
Project Type: Public Buildings/Facilities
Location:
Project Manager: Gabriel Munoz-Morris
Project Phase: Design/Build
Estimated Completion
Date: FY23
Project started in a
previous FY:
Total Project Cost: $100,000
Description or
Justification
The scope includes replacing dated kitchen counters and cabinets, replacing the flooring (downstairs and in one restroom). The project will include other items as determined by the Five Cities Fire Authority and Public Works.
City Council Goals Streets and Other Capital Improvements - improve other infrastructure such as public buildings.
City Council goal:
Identified in Planning document/study:
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 20 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $50,000 $60,000
Construction $890,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $50,000 $950,000 $0 $0
Funding Source(s)
General Fund (01)
Local Transportation (18) $50,000
Other Agency District $950,000
Funding Totals $0 $0 $0 $0 $50,000 $950,000 $0 $0
Evaluation Criteria SATISFY SATISFY
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 3393: RAMONA SQUARE PARKING LOT REHABILITATION
Project Type: Public Buildings/Facilities
Location: 100 block of N. 9th Street
Project Manager: Gabriel Munoz-Morris
Project Phase: Planning
Estimated
Completion
Date:
FY24
Project started in a
previous FY: ✓
Total Project Cost: $1,000,000
Description or
Justification
This project includes the complete rehabilitation and design of the entire parking lot which is primarily privately owned. The conceptual design was completed in FY 2018. The CIP costs below reflect the City's 20% portion of the parking lot contingent on the formation of an Assessment District (FY24) to complete final design and construction.
City Council Goals Economic Development - Develop and implement economic development strategies that support business retention and attraction.
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
City Council goal:
Identified in Planning document/study:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 21 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $100,000 $100,000 $100,000
Management
Contingency
Expenditure Totals $0 $0 $0 $100,000 $0 $100,000 $0 $100,000 Funding Source(s)
General Fund (01) $100,000 $100,000 $100,000
Gas Tax (17)
Funding Totals $0 $0 $100,000 $0 $0 $100,000 $0 $100,000 Evaluation Criteria SATISFY SATISFY
✓
✓
City Council goal:
Identified in Planning document/study:
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
*estimated balance will carry-over to FY23
Preliminary
Estimated Completion
Date: On Going
Project started in a
previous FY:
Total Project Cost: $500,000
Description or
Justification
On going project to improve street lighting throughout the City. The first phase includes major streets (North 4th Sreet and North Oak Park Boulevard).
City Council Goals
Pedestrian and Bicycle Safety - Make Grover Beach a more pedestrian and bicycle friendly community by adding and/or enhancing bicycle lanes, sidewalks, street lights, street and crosswalk striping enhancements, and other traffic calming measures.
CAPITAL IMPROVEMENT PROGRAM
CIP 2003: STREET LIGHTING PROJECT
Project Type: Streets / Storm Drain
Location: Various Locations
Project Manager: Greg Ray
Project Phase:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
Before After
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 22 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $70,000
Management $20,000
Contingency
Expenditure Totals $0 $0 $0 $90,000 $0 $0 $0 $0
Funding Source(s)
General Fund (01) $30,000
LTF (18) $60,000
Funding Totals $0 $0 $0 $90,000 $0 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓
✓
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
*SLOCOG Reinstating $60,000 from 3312, so this is in addtion to annual allocation Construction
Estimated Completion
Date:
Project started in a
previous FY:
Total Project Cost: $90,000
Description or
Justification
The project will reduce the volume of runoff that enters Meadow Creek. This is a requirement of the original Train Station Expansion project (CIP 3312), but since the requirements could not be achieved on that site an alternate location was selected. Given the location and timing it is a separate project.
City Council Goals
CAPITAL IMPROVEMENT PROGRAM
CIP 2004: TRAIN STATION STORMWATER ALTERNATIVE COMPLIANCE Project Type: Streets / Storm Drain
Location: 3rd & Manhattan
Project Manager: Greg Ray
Project Phase:
Before After
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 23 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $50,000 $100,000 $50,000 $100,000 $100,000 Management
Contingency
Expenditure Totals $0 $0 $0 $50,000 $100,000 $50,000 $100,000 $100,000 Funding Source(s)
General Fund (01)
Gas Tax Fund (17) $50,000 $100,000 $50,000 $100,000 $100,000 SRTS Grant (18)
Funding Totals $0 $0 $50,000 $0 $100,000 $50,000 $100,000 $100,000 Evaluation Criteria SATISFY SATISFY
✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 2274: CITYWIDE SIDEWALK INFILL
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase:
*estimated balance will carry-over to FY23
On-going
Estimated Completion
Date:
Project started in a
previous FY:
Total Project Cost: $450,000
Description or
Justification
The project includes an allocation each year to construct infill sidewalks and corner ramps, through privatepublic partnerships, and in partnership with current street rehabilitation projects to enhance pedestrian acess.
City Council Goals Pedestrian and Bicycle safety - make Grover Beach a more pedestrian and bicycle friendly community by adding/or enhancing bike lanes and sidewalks.
City Council goal:
Identified in Planning document/study:
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 24 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $1,815,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $1,815,000 $0 $0 $0
Funding Source(s)
General Fund (01) $1,300,000
Gas Tax Fund (17) $125,000
Local Transportation (18) $150,000
SB1 Funding (19) $240,000
Funding Totals $0 $0 $0 $0 $1,815,000 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 2285: MAJOR STREET REHABILTATION NORTH 4TH STREET
Project Type: Streets / Storm Drains
Location: North 4th Street
Project Manager: Erin Wiggin
Project Phase:
Transportation DIF (50)
Construction
Estimated Completion
Date: FY24
Project started in a
previous FY:
Total Project Cost: $1,815,000
Description or
Justification
Rehabilitation of local major streets according to the priorities set by City Council. This was originally part of a larger CIP Project (CIP 2283) and the design is complete. The project has been split into smaller projects.
This project is North 4th Street from West Grand Avenue to Ocean View. Based on current PCI, the recommended treatment is a grind and overlay, however the PCI will continue to decline until the street is repaired. The useful life of the project is about 10 years.
City Council Goals
Street and Other Capital Improvements - continue improvements to major and local streets using Measure K14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
FY19-20 use FY17, 18 and 19 SB-1 balances; FY20, 21 and 22 SB-1 funds will be used for construction in FY22 City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 25 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $2,100,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $2,100,000 $0 $0
Funding Source(s)
General Fund (01) $1,635,000
Gas Tax Fund (17) $125,000
Local Transportation (18) $100,000
SB1 Funding (19) $240,000
Funding Totals $0 $0 $0 $0 $0 $2,100,000 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 2286: MAJOR STREET REHABILTATION WEST GRAND AVENUE, 11TH STREET TO OAK PARK BLVD.
Project Type: Streets / Storm Drains
Location: West Grand Avenue
Project Manager: Erin Wiggin
Project Phase:
Transportation DIF (50)
Construction
Estimated Completion
Date: FY25
Project started in a
previous FY:
Total Project Cost: $2,100,000
Description or
Justification
Rehabilitation of local major streets according to the priorities set by City Council. This was originally part of a larger CIP Project (CIP 2283) and the design is complete. The project has been split into smaller projects.
This project is for pavement rehabilitation at West Grand Avenue from 11th-Oak Park Boulevard. The recommended treatment is a full depth rehabilitation. The useful life of the project is about 20 years.
City Council Goals
Street and Other Capital Improvements - continue improvements to major and local streets using Measure K14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
FY19-20 use FY17, 18 and 19 SB-1 balances; FY20, 21 and 22 SB-1 funds will be used for construction in FY22 City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 26 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $315,000
Construction $2,100,000 $600,000
Management
Contingency
Expenditure Totals $0 $0 $0 $2,415,000 $600,000 $0 $0 $0 Funding Source(s)
General Fund (01) $600,000 $1,375,000 $600,000
Gas Tax Fund (17) $100,000
Local Transportation (18) $100,000
SB1 Funding (19) $240,000
Funding Totals $0 $0 $600,000 $1,815,000 $600,000 $0 $0 $0 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 2287 MAJOR STREETS: WEST GRAND AVENUE STREETSCAPE
Project Type: Streets / Storm Drains
Location: W. Grand Ave (4th-8th)
Project Manager: Erin Wiggin
Project Phase: Construction
Estimated Completion
Date: FY23
Project started in a
previous FY:
Total Project Cost: $3,015,000
Description or
Justification
The project involves implementation of some elements from the West Grand Avenue Master Plan.
Improvements include median enhancements, lighting, tree planting and landscaping, irrigation and pavement rehabilitation from 4th to west of 8th. The project scope does not include concrete crosswalks at the intersection at 8th.
City Council Goals
Street and Other Capital Improvements - continue improvements to major and local streets using Measure K14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
*estimated balance will carry-over to FY23; Potential for RSHA funding. SLOCOG is planning a call for projects (RSHA and REAP funds) Transportation DIF (50)
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 27 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $230,000
Construction $1,500,000 $700,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $0 $1,730,000 $700,000 Funding Source(s)
General Fund (01) $1,235,000 $360,000
Gas Tax Fund (17) $155,000
Local Transportation (18) $100,000 $100,000
SB1 Funding (19) $240,000 $240,000
Funding Totals $0 $0 $0 $0 $0 $0 $1,730,000 $700,000
Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
FY19-20 use FY17, 18 and 19 SB-1 balances; FY20, 21 and 22 SB-1 funds will be used for construction in FY22 City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
Transportation DIF (50)
Construction
Estimated Completion
Date: FY26
Project started in a
previous FY:
Total Project Cost: $2,430,000
Description or
Justification
Rehabilitation of local major streets according to the priorities set by City Council. This project is South Oak Park from Mentone Avenue to the Pike. The design includes reducing to a single travel lane and providing a buffered bike lane. The recommended treatment is a full depth rehabilitation. The useful life of the project is about 20 years.
City Council Goals
Street and Other Capital Improvements - continue improvements to major and local streets using Measure K14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
CAPITAL IMPROVEMENT PROGRAM
CIP 2288: MAJOR STREET REHABILTATION SOUTH OAK PARK BLVD, MENTONE AVENUE - THE PIKE Project Type: Streets / Storm Drains
Location: S. Oak Park (Mentone to the Pike)
Project Manager: Erin Wiggin
Project Phase:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 28
CAPITAL IMPROVEMENT PROGRAM
K-14 Funded Rehabilitation & Repair CIP 2295
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - 29 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $220,000 $20,000
Construction $2,600,000
Management
Contingency
Expenditure Totals $0 $220,000 $0 $2,620,000 $0 $0 $0 $0 Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $220,000 $2,590,000
Water Fund (81) $30,000
Funding Totals $0 $220,000 $0 $2,620,000 $0 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP2295-14: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase: Planning
Estimated Completion
Date: FY23
Project started in a
previous FY:
Total Project Cost: $2,840,000
Description or
Justification
Trouville from South 4th to South 10th Street. South 7th Street from Long Branch to Seabright, and Trouville to Mentone. Ocean View from 4th to Charles. Nacimiento, Mono, Owens, Margarita and Angello Terrace. This is a 23 block, full depth rehabilitation project. See CIP 2274 for sidewalk infill cost sharing.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 30 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $180,000 $20,000
Construction $500,000 $1,300,000
Management
Contingency
Expenditure Totals $0 $0 $0 $680,000 $1,320,000 $0 $0 $0 Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $640,000 $1,320,000
Water Fund (81) $40,000 $0
Funding Totals $0 $0 $0 $680,000 $1,320,000 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP2295-15: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase: Planning
Estimated Completion
Date: FY24
Project started in a
previous FY:
Total Project Cost: $2,000,000
Description or
Justification
S. 7th Street from Farroll to Mentone, Trouville to Seabright, Rockaway to Longbranch, S.10th from Rockaway to Longbranch, Manahttan Avenue from 3rd to 4th, Seabright Avenue from 4th to 5th, 9th to 12th, Charles from Margarita to Ocean View, 2nd from Atlantic City to Park View, 6th from Ocean View to Charles. See CIP 2274 for sidewalk infill cost sharing.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 31 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $40,000
Construction $560,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $600,000 $0 $0 $0
Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $600,000
Water Fund (81)
Funding Totals $0 $0 $0 $0 $600,000 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP2295-16: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase: Planning
Estimated Completion
Date: FY24
Project started in a
previous FY:
Total Project Cost: $600,000
Description or
Justification
Maintenance work for previously paved Measure K-14 streets. Staff will utilize the Pavement Management software to determine the streets and treatment methods.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 32 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $180,000 $20,000
Construction $1,820,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $2,000,000 $20,000 $0 $0 Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $1,960,000 $20,000
Water Fund (81) $40,000
Funding Totals $0 $0 $0 $0 $2,000,000 $20,000 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP2295-17: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase: Planning
Estimated Completion
Date: FY25
Project started in a
previous FY:
Total Project Cost: $2,020,000
Description or
Justification
Ramona from North 10th to North 14th Street, Front Street from Newport to Parkview Avenue, Saratoga from North 8th to Front Street, and Beckett from Brighton to Newport, North 2nd from Newport to Saratoga. See CIP 2274 for sidewalk infill cost sharing.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 33 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $200,000
Construction $2,000,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $2,200,000 $0 $0
Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $2,160,000
Water Fund (81) $40,000
Funding Totals $0 $0 $0 $0 $0 $2,200,000 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP2295-18: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase: Planning
Estimated Completion
Date: FY25
Project started in a
previous FY:
Total Project Cost: $2,250,000
Description or
Justification
N 9th from West Grand to Atlantic City, N 11th from West Grand to Ramona, N 12th from West Grand to Newport, Brighton from N 10th to N 13th, Ramona from 16th to Oak Park, Alma Ct, and Moss Ct. See CIP 2274 for sidewalk infill cost sharing.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED CAPITAL PROJECTS FY 2023 - FY 2027 CAPITAL PROJECTS - PAGE 34 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $220,000
Construction $2,600,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $0 $2,820,000 $0
Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $2,800,000
Water Fund (81) $20,000
Funding Totals $0 $0 $0 $0 $0 $0 $2,820,000 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
Planning
Estimated Completion
Date: FY26
Project started in a
previous FY:
Total Project Cost: $2,820,000
Description or
Justification
Ramona from N 8th to N 4th, Brighton from N 8th to N 4th, N 7th from Brighton to Atlantic City, N 6th from West Grand to Atlantic City and Park View to Ocean View, and N 5th from West Grand to Saratoga. See CIP 2274 for sidewalk infill cost sharing.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
CAPITAL IMPROVEMENT PROGRAM
CIP2295-19: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 35 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $100,000
Construction $1,050,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $0 $0 $1,150,000
Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $1,130,000
Water Fund (81) $20,000
Funding Totals $0 $0 $0 $0 $0 $0 $0 $1,150,000
Evaluation Criteria SATISFY SATISFY
✓ ✓
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
Planning
Estimated Completion
Date: FY27
Project started in a
previous FY:
Total Project Cost: $1,200,000
Description or
Justification
Ramona 3rd to Front, Brighton 4th to Front, 2nd Park View to Ocean View and West Grand to Ramona. See CIP 2274 for sidewalk infill cost sharing.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
CAPITAL IMPROVEMENT PROGRAM
CIP2295-20: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 36 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $160,000
Construction $1,040,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $0 $0 $1,200,000
Funding Source(s)
General Fund (01)
K-14 Bond Fund (20) $1,160,000
Water Fund (81) $40,000
Funding Totals $0 $0 $0 $0 $0 $0 $0 $1,200,000
Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP2295-21: LOCAL STREET REHABILITATION AND REPAIR
Project Type: Streets / Storm Drains
Location: Various locations
Project Manager: Erin Wiggin
Project Phase: Planning
Estimated Completion
Date: FY27
Project started in a
previous FY:
Total Project Cost: $1,250,000
Description or
Justification
N 1st from Atlantic to Newport, Front from Newport to Ramona, Ramona from 14th to 16th, Grand View, Nice from S. 12th to S. 10th, Rose Ct. See CIP 2274 for sidewalk infill cost sharing.
City Council Goals Street and Other Capital Improvements - continue improvements to major and local streets using Measure K-14 funds, SB1 funds and other resources, incorporating where feasible other desirable capital improvements.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 37 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $58,315 $75,000 $1,647,761 $730,000 $318,311 $636,623 Construction
Management
Contingency
Expenditure Totals $58,315 $75,000 $0 $1,647,761 $730,000 $0 $318,311 $636,623 Funding Source(s)
Water Fund (81) $58,315 $75,000 $1,647,761 $730,000 $318,311 $636,623 Funding Totals $58,315 $75,000 $1,647,761 $0 $730,000 $0 $318,311 $636,623 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓ ✓
✓ ✓
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP 4001: CENTRAL COAST BLUE
Project Type: Water
Location:
Project Manager: Greg Ray
Project Phase: Studies / Preplanning
Estimated Completion
Date:
Project started in a
previous FY: ✓
Total Project Cost:
*estimated balance will carry-over to FY23; annual costs include property purrchase payments City Council goal:
Identified in Planning document/study:
$20,000,000
Description or
Justification
City's participation in the Environmental Impact Report and Final Design for the Regional Groundwater Sustainability Project (Central Coast Blue). This project is a partnership between the cities of Pismo Beach, Grover Beach, Arroyo Grande, and the South San Luis Obispo County Sanitation District. See unfunded needs for the construction costs.
City Council Goals
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project as well as through water conservation efforts.
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 38 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $50,000 $25,000
Management
Contingency
Expenditure Totals $0 $0 $0 $50,000 $25,000 $0 $0 $0
Funding Source(s)
Water Fund (81) $25,000 $25,000 $25,000
Funding Totals $0 $0 $25,000 $25,000 $25,000 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 4007: WATER MAIN ZONE VALVES
Project Type: Water
Location: Various
Project Manager: Greg Ray
Project Phase: Construction
Estimated Completion
Date: FY24
Project started in a
previous FY:
Total Project Cost: $75,000
Description or
Justification
Infill and replace zone valves. Reduces area impacted by water line shutdowns. Various locations including 16th and Brighton
City Council Goals
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project as well as through water conservation efforts.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Eligible for water bond:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 39 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $75,000
Construction
Management
Contingency
Expenditure Totals $0 $0 $0 $75,000 $0 $0 $0 $0
Funding Source(s)
Water Fund (81) $75,000
Funding Totals $0 $0 $0 $75,000 $0 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
Reduces long-term operating costs: ✓
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Eligible for water bond:
City Council goal:
Identified in Planning document/study:
Improves quality of existing services:
Addresses public health / safety need:
$75,000
Description or
Justification Well field capacity analysis and Well Improvements City Council Goals
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project as well as through water conservation efforts.
CAPITAL IMPROVEMENT PROGRAM
CIP 4008: WELL CAPACITY ANALYSIS AND IMPROVEMENTS
Project Type: Water
Location: Wells
Project Manager: Greg Ray
Project Phase: Design
Estimated Completion
Date: FY23
Project started in a
previous FY:
Total Project Cost:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 40 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $180,000
Construction $780,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $0 $180,000 $780,000 $0
Funding Source(s)
Water Fund (81) $180,000 $780,000
Funding Totals $0 $0 $0 $0 $0 $180,000 $780,000 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
Reduces long-term operating costs: ✓
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Eligible for water bond:
City Council goal:
Identified in Planning document/study:
Improves quality of existing services:
Addresses public health / safety need:
$960,000
Description or
Justification Upgrade the Booster station at 16th Street.
City Council Goals
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project as well as through water conservation efforts.
CAPITAL IMPROVEMENT PROGRAM
CIP 4015: 16TH STREET BOOSTER STATION
Project Type: Water
Location:
Project Manager: Erin Wiggin
Project Phase: Planning
Estimated Completion
Date: FY26
Project started in a
previous FY:
Total Project Cost:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 41 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $150,000 $150,000 $150,000 $150,000 $150,000 Management
Contingency
Expenditure Totals $0 $0 $0 $150,000 $150,000 $150,000 $150,000 $150,000 Funding Source(s)
Water Fund (81) $150,000 $150,000 $150,000 $150,000 $150,000 Funding Totals $0 $0 $150,000 $0 $150,000 $150,000 $150,000 $150,000 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 4270 WATER METER REPLACEMENT PROGRAM
Project Type: Water
Location: Various Locations
Project Manager: Greg Ray
Project Phase:
*estimated balance will carry-over to FY23
On Going
Estimated Completion
Date: FY30
Project started in a
previous FY:
Total Project Cost: $750,000
Description or
Justification Replace water meters over five years old
City Council Goals
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project as well as through water conservation efforts.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 42 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $50,000 $1,500,000
Management
Contingency
Expenditure Totals $0 $0 $0 $50,000 $1,500,000 $0 $0 $0 Funding Source(s)
Water Fund (81) $50,000 $1,500,000
Funding Totals $0 $0 $0 $50,000 $1,500,000 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 4391: RESERVOIR MAINTENANCE
Project Type: Water
Location: Reservoirs
Project Manager: Greg Ray
Project Phase: On Going
Estimated Completion
Date: FY25
Project started in a
previous FY:
Total Project Cost:
City Council goal:
Identified in Planning document/study:
$1,550,000
Description or
Justification
Routine cleaning and maintenance, overflow analysis, and minor repairs as identified during routine inspections; roof replacement and tank recoating on Tank 3 in FY24.
City Council Goals
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project as well as through water conservation efforts.
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Eligible for water bond:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 43 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $90,000 $80,000
Construction $2,250,000
Management $250,000
Contingency
Expenditure Totals $0 $90,000 $0 $2,580,000 $0 $0 $0 $0 Funding Source(s)
Wastewater (80) $90,000 $1,275,000 $1,135,000
Wastewater DIF (55) $85,000 $85,000
Funding Totals $0 $90,000 $1,360,000 $1,220,000 $0 $0 $0 $0 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
Reduces long-term operating costs: ✓
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other: ARPA Funding
City Council goal:
Identified in Planning document/study:
ARPA funds to be determined for final CIP. Combined this project with CIP 5001 from FY22 ($965K funds from 5001 to be carried over ) Improves quality of existing services:
Addresses public health / safety need:
$2,670,000
Description or
Justification
Sewer system upgrades to support current needs and development needs (El Camino Real) from Manhattan Avenue and South 3rd Street to North 9th Street and Atlantic City Avenue City Council Goals Street and Other Capital Improvements - Upgrade and maintenance of sewer infrastructure.
CAPITAL IMPROVEMENT PROGRAM
CIP 5002: SEWER UPGRADE FOR EXISTING & FUTURE FLOWS
Project Type: Wastewater
Location: Various Locations
Project Manager: Gabriel Munoz-Morris
Project Phase: Design
Estimated Completion
Date: FY26
Project started in a
previous FY:
Total Project Cost:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 44 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $29,879 $30,000
Construction $100,000
Management
Contingency
Expenditure Totals $29,879 $30,000 $0 $100,000 $0 $0 $0 $0 Funding Source(s)
Wastewater (80) $29,879 $30,000 $30,000 $70,000
Funding Totals $29,879 $30,000 $30,000 $70,000 $0 $0 $0 $0 Evaluation Criteria SATISFY SATISFY
✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 5003: FRONT STREET LIFT STATION UPGRADES
Project Type: Wastewater
Location: Front Street
Project Manager: Gabriel Munoz-Morris
Project Phase:
*estimated balance will carry-over to FY22
Design
Estimated Completion
Date: FY22
Project started in a
previous FY: ✓
Total Project Cost: $150,000
Description or
Justification Replace/re-coat the existing valves and pipe fittings within the wet well and the valve vault.
City Council Goals Street and Other Capital Improvements - Upgrade and maintenance of sewer infrastructure.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 45 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $50,000
Construction $100,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $150,000 $0 $0 $0
Funding Source(s)
Wastewater (80) $150,000
Funding Totals $0 $0 $0 $0 $150,000 $0 $0 $0
Evaluation Criteria SATISFY SATISFY
✓
✓
Reduces long-term operating costs:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
City Council goal:
Identified in Planning document/study:
Improves quality of existing services:
Addresses public health / safety need:
$150,000
Description or
Justification
Replace/re-coat the pipe fittings within the wet well, retrofit the fiberglass enclosure to allow for user access, and install a bypass connection.
City Council Goals Street and Other Capital Improvements - Upgrade and maintenance of sewer infrastructure.
CAPITAL IMPROVEMENT PROGRAM
CIP 5005: SOUTH OAK PARK LIFT STATION UPGRADES
Project Type: Wastewater
Location: S. Oak Park Boulevard
Project Manager: Gabriel Munoz-Morris
Project Phase: Design
Estimated Completion
Date: FY23
Project started in a
previous FY:
Total Project Cost:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 46 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design $200,000 $80,000 $100,000 $40,000
Construction $1,000,000 $660,000 $730,000 $490,000
Management
Contingency
Expenditure Totals $0 $0 $0 $200,000 $1,000,000 $740,000 $830,000 $530,000 Funding Source(s)
Wastewater (80) $200,000 $1,000,000 $740,000 $830,000 $530,000 Wastewater DIF (55)
Funding Totals $0 $0 $0 $200,000 $1,000,000 $740,000 $830,000 $530,000 Evaluation Criteria SATISFY SATISFY
✓ ✓
✓
CAPITAL IMPROVEMENT PROGRAM
CIP 5010: SEWER UPGRADE FOR EXISTING FLOWS
Project Type: Wastewater
Location: Various Locations
Project Manager: Gabriel Munoz-Morris
Project Phase: Design
Estimated Completion
Date: FY26
Project started in a
previous FY:
Total Project Cost: $3,300,000
Description or
Justification
Sewer system upgrades. FY23 includes North 9th Street and Atlantic City to Ritchie Road and North 12th Street.
City Council Goals Street and Other Capital Improvements - Upgrade and maintenance of sewer infrastructure.
Addresses public health / safety need: Grant eligible:
Reduces long-term operating costs: Other:
City Council goal: Alleviates substandard conditions or deficiencies:
Identified in Planning document/study: Provides incentive to economic development:
Improves quality of existing services: Responds to Federal or State requirement:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 47 Project Financing FY 2021
Actual
FY 2022
Estimated
Actual
FY 2022
Estimated
Balance
FY 2023
Budget
FY 2024
Budget
FY 2025
Projected
FY 2026
Projected
FY 2027
Projected
Project Expenditures
Design
Construction $100,000 $100,000 $100,000 $100,000
Management
Contingency
Expenditure Totals $0 $0 $0 $0 $100,000 $100,000 $100,000 $100,000 Funding Source(s)
Wastewater (80) $100,000 $100,000 $100,000 $100,000
Funding Totals $0 $0 $0 $0 $100,000 $100,000 $100,000 $100,000 Evaluation Criteria SATISFY SATISFY
✓ ✓
CAPITAL IMPROVEMENT PROGRAM
CIP 5269: CITYWIDE SEWER LINING PROJECT
Project Type: Wastewater
Location: Various locations
Project Manager: Gabriel Munoz-Morris
Project Phase: Planning
Estimated Completion
Date: FY26
Project started in a
previous FY:
Total Project Cost: $400,000
Description or
Justification
Lining and/or repair of damaged sewer mains identified as "hot spots." Currently these identified sewer mains require regular maintenance via sewer jetting.
City Council Goals Street and Other Capital Improvements - Upgrade and maintenance of sewer infrastructure.
Improves quality of existing services:
Addresses public health / safety need:
Reduces long-term operating costs:
City Council goal:
Identified in Planning document/study:
Alleviates substandard conditions or deficiencies:
Provides incentive to economic development:
Responds to Federal or State requirement:
Grant eligible:
Other:
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 48
CAPITAL IMPROVEMENT PROGRAM
Unfunded Projects
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - 49 Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
TOTAL UNFUNDED NEEDS - PARKS / COMMUNITY SERVICES
CAPITAL IMPROVEMENT PROGRAM
UNFUNDED NEEDS - PARKS / COMMUNITY SERVICES
Trail Master Plan and CEQA
Description of proposed work:
Building on the Beach Cities Feasibility Study, develop a Master Plan and implementation schedule for trails within the City limits. The first phase would be a Meadow Creek trail and the scope includes public outreach and
CEQA/EIR.
$350,000
Multi-Generational Community Center
Description of proposed work:
Building on results of Senior Center Feasibility Study, develop park and facility construction plans and construct. $3,500,000
General Fund (01)
Parks Facility DIF (56)
General Fund (01)
Parks Facility DIF (56)
Parks Construction (10)
$3,850,000.00
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 50 Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
General Fund (01)
City Hall Civic Center
General Fund (01)
Water Fund (81)
Wastewater Fund (80)
CAPITAL IMPROVEMENT PROGRAM
Gateway Signs
UNFUNDED NEEDS - PUBLIC BUILDINGS / FACILITIES
City Records Storage Building
Description of proposed work:
Develop onsite or offsite solution for storage of records from City Hall, Police Department, and Corporation Yard. $300,000
General Fund (01)
Description of proposed work:
Construction of a new City Hall Civic Center
$9,500,000
Description of proposed work:
Overhead gateway sign on Grand Avenue
$250,000
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 51 Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
CAPITAL IMPROVEMENT PROGRAM
UNFUNDED NEEDS - PUBLIC BUILDINGS / FACILITIES
Ramona Garden Park Improvements
$1,400,000
Description of proposed work:
Estimated total cost of $20 million. Current funding at $50,0000 annually. Upgrade programs, park, streets, and facilities to comply with California Building Code consistent with ADA Transition Plan.
$20,000,000
TOTAL UNFUNDED NEEDS - PUBLIC BUILDINGS / FACILITIES
Description of proposed work:
Construction of improvements as defined in the Master
Plan completed in 2020. Phases 1-3 included in CIP 1259.
Citywide Disability Access Improvements
General Fund (01)
Parks Facility DIF (56)
Parks Construction (10)
General Fund (01)
$31,450,000.00
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 52 Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
Replace Existing Storm Drain Pipe - Under RR @ W. Grand Description of proposed work:
Replace a portion of the damaged storm drain.
Major Street Rehabilitation
Description of proposed work:
Repair and Rehabilitation of remaining major streets,
including: El Camino Real, Farroll Road, The Pike and S. 4th Street.
$9,000,000
Bike Lane Improvements
Description of proposed work:
Infill and upgrade bike lanes citywide per circulation
element and best management practices
recommendations including citywide green bike lane
installation.
$500,000
$100,000
General Fund (01)
Gas Tax (17)
LTF (18)
SB1 (19)
General Fund (01)
Wastewater Fund (80)
General Fund (01)
Gas Tax (17)
LTF (18)
SB1 (19)
CAPITAL IMPROVEMENT PROGRAM
UNFUNDED NEEDS - STREETS / STORM DRAINS
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 53 Estimated Cost:
Possible Funding Sources:
UNFUNDED NEEDS - STREETS / STORM DRAINS
Description of proposed work:
Complete street improvements on West Grand Avenue.
Completion will require storm drain improvements between 4th Street and 12th Street.
$5,000,000
TOTAL UNFUNDED NEEDS - STREETS / STORM DRAINS
West Grand Avenue Storm Drain
General Fund (01)
Wastewater Fund (80)
CAPITAL IMPROVEMENT PROGRAM
$14,600,000.00
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 54 Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
Estimated Cost:
Possible Funding Sources:
General Fund (01)
Water Fund (81)
Description of proposed work:
Upgrades include modifying the existing electrical systems including installing generators to improve facility reliability and operation for future demands and improvements to
chemical storage and treatment facilities. Perform well capacity evaluation.
$1,310,000
Well Facility Improvements
Description of proposed work:
Construct a pump station on the Grover Beach turn-out of the Lopez waterline.
$1,600,000
CAPITAL IMPROVEMENT PROGRAM
UNFUNDED NEEDS - WATER
$200,000
General Fund (01)
Water Fund (81)
Water Delivery Upgrades
CAPITAL IMPROVEMENT PROGRAM
Water SCADA System
Description of proposed work:
Add remote sensing and control to key components of
water system to improve response and system reliability.
General Fund (01)
Water Fund (81)
TOTAL UNFUNDED NEEDS - WATER $3,110,000.00
UNFUNDED NEEDS - WATER
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 55 Estimated Cost:
Possible Funding Sources:
$53,210,000.00
CAPITAL IMPROVEMENT PROGRAM
UNFUNDED NEEDS - WASTEWATER
SCADA System - Existing (7) Wet Wells
TOTAL UNFUNDED NEEDS
General Fund (01)
Wastewater Fund (80)
Wastewater DIF (55)
TOTAL UNFUNDED NEEDS - WASTEWATER $200,000.00
Description of proposed work:
Add remote sensing and control to key components of
wastewater system to improve response and system
reliability.
$200,000
CITY OF GROVER BEACH PROPOSED BUDGET FY 2022 AND FY 2023 CAPITAL PROJECTS - PAGE 56 Budget JE #
AGENDA DATE
3/28/2022
AMOUNT
$30,000
$30,000
$30,000
$30,000
JUSTIFICATION: (attach letter if required) - see March 28, 2022 staff report (agenda item #____) REQUESTED BY:
Date Date
APPROVED by the City Council of the City of Grover Beach, State of California, this day of 20____. Agenda Item No.
ATTEST:
APPROVED BY:
Date
Move to 2295-15 20-900-58030-000 2295-10
Approvals/workflow 1.
Dept Head 2.
Admin Svcs
3. City Council
4. City Manager
City of Grover Beach
BUDGET ADJUSTMENT REQUEST
Requesting to allocate $30,000 of remaining appropriation from 2295-10 to 2295-15 Account PROJECT/GRANT
DESCRIPTION # #
REVENUE SOURCES
Move from 2295-10 20-900-58030-000 2295-15
TOTAL REVENUES
EXPENDITURE USES
TOTAL EXPENDITURES
REVIEWED & APPROVED BY:
City Manager
Department Head Administrative Services
Deputy City Clerk
Attachment 2