AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, MAY 9, 2022, 6:00 PM
Next Resolution No .22-13
Next Ordinance No. 22-04
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 National Police Week in Honor of San Luis Obispo Police Department Detective Luca Pietro Benedetti
2. Proclamation for National Public Works Week
3. Introduction of New Employees – Code Compliance Officer Adam De Hart and Administrative Assistant I Grace Johnson
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.
Agenda: Grover Beach City Council Meeting Page 2
Monday, May 9, 2022
PRESENTATIONS
4. 2022 Central Coast Community Energy Annual Member Agency Presentation
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.
5. Minutes of the City Council Meeting on Monday, April 25, 2022. (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
6. Authorization for the Police Department to Purchase a Replacement Computer Aided Dispatch and Records Management System – Police Chief Peters and Commander Millard
(Recommended Action: Adopt the Resolution authorizing the Chief of Police to enter into an agreement with Sun Ridge System, Inc to purchase a replacement Computer Aided Dispatch and Records Management software system for the Police Department in the amount of $302,067.)
ROLL CALL VOTE
7. Award of Consultant Services Contract for Ramona Garden Park Project Design (CIP 1259) – Public Works Director/City Engineer Ray and CIP Manager Wiggin (Recommended Action: Authorize the City to enter into a Consulting Services Agreement with Wallace Group for design phase services, bidding phase services, and services during construction associated with the Ramona Garden Park (CIP 1259) Project in the amount of $459,655 and authorize the Mayor to execute the agreement on behalf of the City.)
ROLL CALL VOTE
8. Award of Construction Contract in the Amount of $196,371 for Sidewalk Infill Project (CIP 2274) – Public Works Director/City Engineer Ray and CIP Manager Wiggin (Recommended Action: Award the contract for construction of CIP 2274 Sidewalk Infill to Brough Construction Inc., in the amount of $196,371 for the Base Bid; authorize the City Manager to sign and affirm construction and construction management change orders up to $33,629; and authorize the Mayor to execute the contract on behalf of the City.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, May 9, 2022
9. Introduction and First Reading of an Ordinance Amending Chapter 2 (Council Compensation) of Article II (Administration) of the Grover Beach Municipal Code – Deputy City Manager Eriksson
(Recommended Action: Introduce and conduct the first reading, by title only, an Ordinance to amend Chapter 2 of Article II (Administration) of the Grover Beach Municipal Code (GBMC) regarding Council Compensation and schedule the second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting.)
ROLL CALL VOTE
PUBLIC HEARING
10. Introduction, First Reading, and Public Hearing of an Ordinance to Amend the Grover Beach Municipal Code Article III (Public Welfare, Morals & Conduct), Chapter 18, (Commercial Cannabis Activity) to Allow for Onsite Cannabis Consumption Areas – Police Chief Peters, Community Development Director Buckingham, City Attorney Hale, and Senior Planner Castillo
(Recommended Action: Introduce and Conduct a Public Hearing and First Reading, by title only, an Ordinance Amending the Grover Beach Municipal Code (GBMC) Article III (Public Welfare, Morals & Conduct) Chapter 18 (Commercial Cannabis Activity) to allow for onsite cannabis consumption areas.)
ROLL CALL VOTE
11. Water Shortage Declaration and Associated Actions – Public Works Director/City Engineer Ray
(Recommended Action: 1. Conduct a public hearing to consider a water shortage declaration and to hear protests from water customers; and 2. Enact a water shortage Stage 2 declaration and associated mandatory water conservation measures.)
ROLL CALL VOTE
REGULAR BUSINESS
12. Homelessness Response Update – City Manager Bronson (Recommended Action: Receive an update on homelessness issues in Grover Beach including recent actions by the County of San Luis Obispo to address homelessness from a countywide level.)
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) 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) Agenda: Grover Beach City Council Meeting Page 4
Monday, May 9, 2022
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
None
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.
* * * * *
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
OF THE CITY OF GROVER BEACH DECLARING
THE WEEK OF May 15 – 21, 2022
“NATIONAL POLICE WEEK
IN HONOR OF SAN LUIS OBISPO POLICE DEPARTMENT
DETECTIVE LUCA PIETRO BENEDETTI”
WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, San Luis Obispo Police Department Detective Luca Pietro Benedetti was born in San Francisco to Italian immigrant parents and was raised in the San Francisco Bay Area; he attended Cal Poly San Luis Obispo where he studied computer engineering and later met his future wife, Grace in 2006; and
WHEREAS, in 2008, Detective Benedetti attended the Allan Hancock Police Academy and upon graduation began his law enforcement career with the Atascadero Police Department; and WHEREAS, in 2012, Detective Benedetti joined the San Luis Obispo Police Department where he led a distinguished career as a Traffic Accident Reconstructionist, Range Master, Field Training Officer, Detective and his proudest accomplishment of being a member of the San Luis Obispo County Regional SWAT Team; and
WHEREAS, in 2013, Detective Benedetti and his wife Grace proudly welcomed their first daughter, Elisabetta and in 2018, their second daughter, Giovanna; and WHEREAS, Detective Benedetti loved the tasks of cooking, gardening and home improvements all while enjoying family gatherings, bar-b-ques, and his Italian heritage; and WHEREAS, On May 10, 2021, Detective Benedetti was on-duty and protecting his community when he was tragically shot and killed while serving a search warrant in the City of San Luis Obispo; and
WHEREAS, Detective Benedetti’s sacrifice to ensure the safety of the community of San Luis Obispo and the larger community of San Luis Obispo County shall not be forgotten.
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council of Grover Beah does herby officially proclaim the week of May 15-21, 2022 as “National Police Week in Honor of San Luis Obispo Police Department Detective Luca Pietro Benedetti” in honor of his many courageous actions during his law enforcement career to safeguard the citizens of San Luis Obispo County.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 9th day of May, 2022.
Jeff Lee, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 1
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
OF THE CITY OF GROVER BEACH DECLARING
MAY 15 – 24, 2022
“NATIONAL PUBLIC WORKS WEEK”
WHEREAS, public works professionals focus on infrastructure, facilities, emergency management, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of Grover Beach; and WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers and employees at all levels of government and the private sector, who are responsible for rebuilding, improving and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in the City of Grover Beach to gain knowledge of and to maintain ongoing interest and understanding of the importance of public works first responders and public works programs in their respective communities; and
WHEREAS, in 1962, President John F. Kennedy designated the first National Public Works Week to pay tribute to our public works employees for their substantial contributions to our national health and welfare; and
WHEREAS, the American Public Works Association’s 2022 National Public Works Week theme is “Ready and Resilient” celebrates the superheroes that lie within each and every public works professional. Always READY to serve their communities, and RESILIENT as ever in their abilities to pick themselves up off the ground after encountering challenges.
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council OF Grover Beah does herby proclaim the week of May 15 – 21, 2022 as, “National Public Works Week” in the City of Grover Beach, and urges all citizens to join in the activities, events, and ceremonies designed to pay tribute to the substantial contributions of our public works professionals, engineers, managers, and employees who work tirelessly to provide, maintain, and improve the infrastructures and services that protect our national health, safety, and quality of life.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 9th day of May, 2022.
Jeff Lee, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 2
Agenda Item No. 3
Introduction of New Employees - Code Compliance
Officer Adam De Hart and Adminstrative Assistant I
Grace Johnson
(CC Mtg 5/9/2022)
No Documentation for this Agenda Item –
Introduction of New Employees - Code Compliance Officer Adam De Hart and Adminstrative Assistant I Grace Johnson Annual Member Agency
Update
City of Grover Beach
May 9, 2022
Agenda Item No. 4
How Does CCA Work?
“A partnership to support shared customers”
WHO WE ARE?
CCCE GOVERNANCE
Policy Board: Meets 4 Times Annually including Annual Meeting Operations Board: Meets 10 Times Annually including Annual Meeting Community Advisory Council: Meets 7 Times Annually including Annual Meeting County of
Santa Cruz
City of Santa
Cruz
City of
Watsonville
County of
Monterey
City of
Salinas
County of
San Benito
County of
Santa
Barbara
City of Santa
Maria
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Peninsula
Cities
Carmel
Monterey
Pacific*
Grove
Salinas
Cities
Greenfield
Gonzales
Soledad*
San Benito
Cities
Hollister*
San Juan
Bautista
Santa Cruz
Cities
Capitola*
Scotts
Valley
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo
Beach*
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Goleta
Carpinteria*
*City representative currently serving in a shared seat.
CCCE ACCOMPLISHMENTS
Local
Choice
Economic
Vitality
Local
Support
Financial
Stability
Clean
Energy
• 3Cchoice – clean &
renewable offering
• 3Cprime – 100%
renewable offering
• 95% enrollment
• Contracts with Local
Vendors Over
$1,000,000
• 40 full time employee
positions
• 2 offices – Monterey
& San Luis Obispo
• Received an A rating
with S&P
• Over $150 Million in
Rate Stabilization
Fund
• Service and Loans
Paid Off
• 453.3 MWs of
Renewables – solar,
wind, geothermal
• 200 MWs of battery
storage
• Pathway to 100%
clean & renewable
• $14.1 million –
Energy programs
• $50+ million –
Customer benefits
• $25 million –
Resiliency Fund
Photo Credit: 2020 Rutgers, The State University of New Jersey
FAST TRACKING NEW ENERGY DEVELOPMENT
Cost of Service (COS) Rate Design
These projects will serve about 61% of CCCE’s retail load when all are online, expected in 2025.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
CCCE Long-term (LT) Contracting Status as a % of Retail Load 3CE Executed PPA % State RPS Requirement %
State RPS LT Contracting Requirement % 3CE's Procurement Policy % CCCE's Executed Contract Summary
Project Type Count Gen Capacity (MW) Storage Capacity
(MW)
Solar + Storage PPAs 9 633 201
Solar Only PPAs 1 150
Wind PPAs 1 33
Geothermal PPAs 2 73
RA Only Agreement 1 60
14 889 261
CCCE COMMITMENT TO RENEWABLE PROCUREMENT
• Contracted for approximately $1 billion in long term solar plus storage contracts since 2018
• Shortlisted 7 local projects through its local renewables RFP • Joined other CCAs to advance long duration storage RFP to support grid reliability through existing and new technologies
• Issued an RFQ for up to 100MW of front of the meter battery storage, with the potential to island projects for increased resiliency CCCE HISTORIC RATES & COVID-19
RESPONSE
2018
3% rebate
2019
5% rebate
Jan – April
2020
7% monthly
discount
May & June
2020
50% Bill
Reduction
July 2020 –
Feb 2022
2% discount
Long-term rate adoption increases predictability and rate stability Customer choices and transparency improve with simplified customer classes
New rates increase customer rate equity throughout customer segments
New rate structure maintains competitive rates across all customer segments
GOALS OF 2022 CCCE SERVICE OFFERINGS
City of Grover Beach
(97.44% Enrollment)
• Total 6,353 Enrolled Customers
• 5484 Residential
• 861 Commercial
• 4 Agricultural
ENERGY PROGRAM FUNDS
• Electrify Your Ride $28,330
Overview:
• $1.3 million in FY 18/19
• $5.4 million in FY 19/20
• $6.2 million in FY 20/21
• Estimated $14.1 million in FY 21/22
• 4% of operating revenue in FY 21/22
Electrification in building and
transportation sectors could
result in $3 billion of untapped
revenue market wide
CCCE Energy Programs
13 FY 21/22 Energy Programs
Electrify Your Ride - $2.8 million – NOVEMBER 2021
School Bus Electrification - $1 million - OCTOBER 2021
Agriculture Electrification - $600k - OCTOBER 2021
Residential Electrification - $1.6 million
New Construction Electrification - $1.5 million – OCYOBER 2021 Reach Code - $60k
Battery Energy Storage Pilot - $350k
Summer Readiness - $400k
Energy Education, Workforce Development and Innovation Grants - $1 million
Greenhouse Gas Inventory - $64k
September 30, 2021
COMING MID-NOVEMBER 2021
New and expanded Electrify Your Ride program will incentivize EV's, EV Chargers AND Electric Bikes with our largest energy program budget to date!
Locally Sited Front of the Meter
Distributed Energy Storage Projects
Benefits
• Rate Stability reduced energy cost & reduced RA cost
• Grid Stability local power supply, critical period imports reduced => fewer outages • Grid services balance power flows
• Reduced GHGs evening dispatch of day-time “solar” electrons • Local jobs building and maintaining facilities
• Potential “microgrid” islanding => resiliency
Medium and Heavy-Duty Vehicle Electrification Program
• Intended to support the electrification of Member Agency medium and heavyduty fleet vehicles • Potential applications include street sweepers, refuse trucks, dump trucks, and first response vehicles
• CCCE will reserve funds for qualifying projects and funds will be dispersed once purchases and/or projects are completed
• Intended to work in coordination with city/county purchasing schedules and policies
• Incentives likely to be tied to increased cost of electric models from standard internal combustion options
LOCAL OUTREACH & ENGAGEMENT
Farm Worker Outreach
•10 Farm Worker Outreach events in 2021
•Sponsoring La Tri-Color & La Ley radio stations events •Educate on CCCE services & programs in person
Underserved Community Outreach
•Presentations to stakeholders & organizations
•Latino Elder Outreach Network
•Promotores
•Lideres Campensinas
•Mexican Consulate
•Public Engagement Team & Community Advisory Council created a committee to improve outreach to;
•Low-income, food insecure, renters, senior citizens w/ fixed income, tribal & migrant indigenous communities
Vendor Registry
Stay Connected with CCCE
Follow us online, join our newsletter and board agenda notification list, and check our extensive FAQ section on the website.
www.3Cenergy.org
[email protected]
1.888.909.6227
@3CEnergy
@3CEnergy
@3CEnergyEnEspanol
MINUTES
CITY COUNCIL MEETING
MONDAY, APRIL 25, 2022
CALL TO ORDER Mayor Lee called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
MOMENT OF SILENCE
FLAG SALUTE The flag salute was led by Haven Baker a 12 -year-old 6th grader from Grover Beach Elementary School.
ROLL CALL
City Council: Council Members Anna Miller, Robert Robert, Daniel Rushing, Mayor Pro Tem Bright, and Mayor Jeff Lee were present.
City Staff: City Manager Matthew Bronson, City Attorney David Hale, Deputy City Manager Kristin Eriksson, City Clerk Wendi Sims, Administrative Services Director Deanne Purcell, Community Development Director Bruce Buckingham, Public Works Director/City Engineer Greg Ray, Parks & Recreation Program Director Kathy Petker, Management Analyst-Human Resources Karla Mattocks and Deputy City Clerk Nicole Retana were also present.
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.
CEREMONIAL CALENDAR
1. Proclamation for National Foster Care Month – was Read by Council Member Rushing and accepted by Matt Pennon, Resource Parent Liaison and Recruiter for San Luis Obispo County Department of Social Services.
2. Proclamation for World War II Commemoration Week was ready by Council Member Robert and accepted by Jim Gregory the current president of South County Historical Society.
3. Proclamation for National Arbor Day was read by Council Member Miller and accepted by Parks and Recreation Director Kathy Petker.
4. Proclamation for Professional Municipal Clerk Week was ready by Mayor Pro Tem Bright and accepted by City Clerk/Executive Assistant Wendi Sims and Deputy City Clerk Nicole Retana.
Agenda Item No. 5
Minutes: City Council Meeting Page 2
Monday, April 25, 2022
PRESENTATIONS
5. Introduction of Tripepi Smith as City Communications Consultants. City Manager Bronson introduced CEO Ryder Smith, Allison Torres and Sydni Overly.
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.
A. Supervisor Dawn Ortiz-Legg
B. Krista Jeffries
C. Adam Huffman
D. Anthony Wayne Embree
CONSENT AGENDA
6. Treasurer’s Report for the Period March 1, through March 31, 2022.
Action: Approved the Treasurer’s Report as submitted.
7. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period March 1, through March 31, 2022.
Action: Approved the Treasurer’s Report as submitted.
8. Minutes of the City Council Meeting on Monday, April 11, 2022.
Action: Approved the minutes as submitted or revised.
9. Resolution Authorizing Conversion of an Engineering Technician Position to Assistant Engineer within the Public Works Department
Action: Adopted Resolution No. 22-12 Authorizing Conversion of an Engineering Technician position to Assistant Engineer within the Public Works Department.
Resolution No. 22-12: A Resolution of the City Council of the City of Grover Beach, California, Authorizing Conversion of a Position Allocation Within the Public Works Department from Engineering Technician to Assistant Engineer.
It was motioned by Mayor Pro Tem Bright and seconded by Council Member Miller to approve Consent Agenda Item Nos. 6, 7, 8 and 9 as recommended. The motion carried on the following roll call vote:
AYES: Council Members – Miller, Robert, Rushing, Mayor Pro Tem Bright and Mayor Lee
NOES: Council Members – None
ABSENT: Council Members – None
ABSTAIN: Council Members – None
Minutes: City Council Meeting Page 3
Monday, April 25, 2022
PUBLIC HEARING
None
REGULAR BUSINESS
10. Legislative Update from the League of California Cities Mayor Lee read the title to the foregoing item and deferred to staff for a report.
Deputy City Manager Eriksson gave an introduction to the item and then introduced David Mullinex, Regional Public Affairs Manager from the League of California Cities who gave an in-depth look at Legislative Updates going to Sacramento.
Mayor Lee invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: Received a report on current legislation and other related State issues from the League of California Cities and provided input and direction to staff.
11. FY 2022-23 Budget Update and Major City Goals Work Program Mayor Lee read the title to the foregoing item and deferred to staff for a report.
Administrative Services Director Purcell presented a PowerPoint presentation giving an update on the FY2022-23 Budget update and then Deputy City Manager Eriksson took over the presentation discussing the Major City Goals Work Program Mayor Lee invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: Received a report on the FY 2022-23 budget development process and draft work programs for Major City Goals and provided input and direction to staff.
12. Council Compensation Review and Direction
Mayor Lee read the title to the foregoing item and deferred to staff for a report.
Deputy City Manager Eriksson presented a brief PowerPoint presentation giving an overview of the current Council compensation and what the other cities in San Luis Obispo County Councils receive.
Mayor Lee invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Minutes: City Council Meeting Page 4
Monday, April 25, 2022
Action: Received information about compensation and other benefits provided to Council members in Grover Beach and provided direction to staff on potential changes.
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. There was no one so Mayor Lee closed public comment.
COUNCIL COMMITTEE REPORTS
Council Member Robert reported on the Integrated Waste Management Authority (IWMA).
Council Member Rushing spoke on the South County Chambers of Commerce upcoming events.
Mayor Lee discussed the Five Cities Fire Joint Powers Authority meeting.
COUNCIL COMMUNICATIONS
Mayor Pro Tem Bright discussed her attendance at the County Board of Supervisors last meeting and the Boys and Girls Club Cookies and Kids event.
Council Member Robert mentioned the Exploration Discovery Center, will have its Electronic Saturday Sales, the first Saturday of each month and will have electronic items available for minimum monetary donations. On May 8th, 2022, the Flowers for Mom event will take place and you can purchase flowers for a donation.
Council Member Rushing discussed the Central Coast New Tech High School event on Wednesday, April 27th at 6:00 p.m.–7:30 p.m. the Juniors will be hosting the 6th Annual Commodity night at Nipomo High School’s Olympic Hall.
Mayor Lee discussed that he spoke with a Cal Poly research person regarding Tobacco Prevention strategies. He revealed The Grange is back with its Pancake Breakfast, in person, this coming Sunday. He thanked the Grover Beach Rotary Club for completing the Fence Painting this past Saturday. He also, mentioned the upcoming Mother Son Dance, Boots and Buddies, suggested to call Parks and Recreation Department to see if tickets are still available. Suggested City Manager Bronson provide an update on the Grants for Non-Profits since this is the last week to submit an application.
Minutes: City Council Meeting Page 5
Monday, April 25, 2022
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson underscored Council Member Rushing comments regarding the Buy Local Program that is ending at the end of this week. He reported that the Picnic in the Park on April 15th was a successful event, with about 60 people in attendance and he stated additional events to come in late spring and summer time, more information about the timing and dates to come.
He mentioned that the city hosted a Skate Contest at the Skate Park that was sponsored by the YMCA that drew about 20 attendees. And lastly, he discussed the installation the digital speed sign on South 16th Street, between Seabright and Trouville Avenue that will identify how fast people are going, this is the first of several signs the city will be installing, the next one will be installed on The Pike.
CITY ATTORNEY’S REPORTS AND COMMENTS
None.
CLOSED SESSION
None
ADJOURNMENT
There being no further business to come before the City Council, Mayor Lee adjourned the meeting at 8:27 p.m.
_____________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 9, 2022
FROM: Matthew Bronson, City Manager
PREPARED BY: Bryan Millard, Commander
John Peters, Chief of Police
SUBJECT: Authorization for the Police Department to Purchase a Replacement Computer Aided Dispatch and Records Management System
RECOMMENDATION
Adopt the Resolution authorizing the Chief of Police to enter into an agreement with Sun Ridge Systems, Inc. to purchase a replacement Computer Aided Dispatch and Records Management software system for the Police Department in the amount of $302,067.
BACKGROUND
Since 2006, the Grover Beach Police Department has contracted with Executive Information Services (EIS) to provide a Computer Aided Dispatching and Records Management (CAD/RMS) software solution for the department. At the time, surrounding agencies throughout San Luis Obispo County also contracted with EIS, with the hope that the software would provide information sharing and common workflow amongst the agencies. Those surrounding agencies included Arroyo Grande Police Department and the Pismo Beach Police Department among many others.
Since that time, the EIS software system has not kept up with recent advances in technology, and changes to California legislation and was last upgraded in 2011. This lack of ongoing development has caused a need for numerous software-related repairs along with ongoing frustration to department users and has prevented the department from electronically reporting required statistical data to the Department of Justice. Due to these issues and a lack of customer service attention to the specific requirements of California law enforcement agencies, the department and partnering SLO County agencies began a search for a new CAD/RMS provider.
Over the past few months, three CAD/RMS vendors provided user demonstrations to staff and other agency partners. These vendors have included Mark 43, Tyler/New World, and Sun Ridge Systems. All three vendors have established client agencies in California and offered competitive solutions that achieve system and reporting requirements while providing updated technology and features, such as smart-device compatibility that the current system lacks.
After an extensive review including demonstrations, quote comparisons ranging from $218,000 to $529,000, and contacting other law enforcement agency users for their feedback, staff decided that Sun Ridge Systems provides the best available CAD/RMS solution for the City of Grover Beach. This decision is based on several factors including:
Staff Report: Replacement CAD/RMS System for Police Department Page 2 May 9, 2022
1. Sun Ridge Systems is based in California and has a large in-state client network.
2. Positive feedback regarding responsive customer service.
3. A user intuitive system that is easy to learn.
4. Competitive pricing that provides a quality product based on positive user reviews.
5. A shared network connection with the Pismo Beach Police Department.
The Pismo Beach Police Department has also decided to contract with Sun Ridge Systems, allowing both departments to achieve a financial discount for a multi-agency contract. This allows the two departments to achieve software compatibility to further enhance the consolidation with Pismo Beach Police Department for dispatching services. On May 2, 2022, the Pismo Beach Police Department began dispatching services full-time for the Grover Beach Police Department.
The transition has taken just under one year to complete, but the integration and communications for both agencies has been excellent. In the interest of further regionalizing law enforcement dispatching services in the Five Cities area, staff from Pismo Beach and Grover Beach have also had conversations with the Arroyo Grande Police Department and invited them to join this newly formed network. Arroyo Grande is also looking for a new CAD/RMS vendor and they are interested in a shared network in the Five Cities region, but their review process is still ongoing.
Funding for this purchase is included in the current FY 2021-22 Police Department budget. The budget has $111,000 identified specifically for a new CAD/RMS purchase which was a previously planned partnership with Pismo Beach. However, the previously identified CAD/RMS vendor was not able to meet the contract requirements and that caused Pismo Beach to cancel the contract. Additional funding is available from budget savings from the first year of the Pismo Beach Police Department Dispatch Services contract. These funds have not been entirely expended because the full dispatch consolidation was delayed for most of this fiscal year due to hiring and staffing difficulties in Pismo Beach. The delay has resulted in cost savings that can be utilized for this purchase.
FISCAL IMPACT
The cost of the Sun Ridge Systems CAD/RMS software will be $302,067 for the installation, training of personnel, and software maintenance for the first year. Funding for this purchase is provided in the current FY 2021-22 Police Department budget. The cost for future fiscal years for maintenance will be approximately $25,000 annually and will be included in future department operating budgets.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the Resolution authorizing the Chief of Police to enter into an agreement with Sun Ridge Systems, Inc to purchase a replacement Computer Aided Dispatch and Records Management System for the Police Department; or
2. Provide staff with further direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Staff Report: Replacement CAD/RMS System for Police Department Page 2 May 9, 2022
Attachments
1. Resolution No. 22-XX
2. Sun Ridge Systems, Inc Software Services Agreement
RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN
AGREEMENT WITH SUN RIDGE SYSTEM, INC TO PURCHASE A
REPLACEMENT COMPUTER AIDED DISPATCH AND RECORDS
MANAGEMENT SYSTEM FOR THE POLICE DEPARTMENT
WHEREAS, the current Police Department Computer Aided Dispatch and Records Management (CAD/RMS) system was purchased in 2006 and was last updated in 2011; and WHEREAS, the current CAD/RMS system has not kept pace with technological advances, has failed to meet California Legislative and Department of Justice reporting requirements, and is not an efficient software program for staff to use; and WHEREAS, after extensive staff investigation, Sun Ridge System, Inc was found to have a compatible CAD/RMS software program that will work with the Pismo Beach Police Dispatch Center and the Grover Beach Police Department; and WHEREAS, the funding for the purchase is available in the current Police Department budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does hereby:
1) Authorize the Chief of Police of the City of Grover Beach to execute the agreement with Sun Ridge System, Inc on behalf of the City.
On motion by Council Member _______, second by Council Member ________, and on the following roll call vote, to wit:
AYES: Council Member – None.
NOES: Council Member – None.
ABSENT: Council Member – None.
ABSTAIN: Council Member – None.
the foregoing Resolution was PASSED, APPROVED, AND ADOPTED at the Regular Meeting of the City Council of the City of Grover Beach, California, this 9th day of May, 2022. ___________________________________
JEFF LEE, MAYOR
ATTEST:
______________________________
WENDI SIMS, CITY CLERK
Attachment 1
**DRAFT**
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 1 SUN RIDGE SYSTEMS, INC.
SOFTWARE AND SERVICES AGREEMENT
This Software and Services Agreement (“Agreement”) is executed in duplicate as of __________, 2022, between Sun Ridge Systems, Inc., a California corporation (“Sun Ridge”), and City of Grover Beach, a political subdivision of the State of California (the “City”) located at 154 S 8th Street, Grover Beach, 93433.
Section 1. Agreement. That for and in consideration of payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions set forth in this Agreement, Sun Ridge agrees to provide computer software (“Software”) and services (“Services”) to the City as described in Exhibit A, Scope of Work, attached hereto and incorporated herein. The Software support and maintenance services to be provided by Sun Ridge as part of the Services are more specifically described in Exhibit C attached hereto and incorporated herein (“Software Support Services Agreement”).
Section 2. City Project Manager. Sun Ridge shall work under the general direction of John Peters, Chief of Police or his designee in fulfilling this Agreement.
Section 3. Scope of Work. The project that is the subject of this Agreement shall consist of the delivery by Sun Ridge to the City of the Software and Services (the “Project”) described in Exhibit A and Exhibit C.
Section 4. Payment Schedule. In consideration for the Software and Services to be provided by Sun Ridge under this Agreement, the City agrees to pay Sun Ridge the Total Contract Amount (“Contract Amount”) defined in Exhibit B according to the following schedule (“Payment Schedule”):
Milestone Amount of Payment
Contract Signing 25% of Contract Amount
Software Installation Complete 25% of Contract Amount
Training Complete 25% of Contract Amount
Final Acceptance 25% of Contract Amount
The City shall not be entitled to withhold or delay payments due to Sun Ridge pursuant to the above Payment Schedule due to delay in the delivery, installation, or testing of Software items described in Exhibit A where the delay is the result of action or inaction or breach of this Agreement by the City, its agents or employees or the action or inaction of a third party which is not within Sun Ridge's reasonable control.
Section 5. Invoices. Invoices shall be sent to:
Chief John Peters
711 Rockaway Ave
Grover Beach, CA 93433
Upon receipt of the invoice, the City shall verify that the invoice has been properly prepared and that the conditions of payment have been fulfilled. If the payment conditions have been fulfilled, the invoice shall be processed and paid by the City within thirty (30) days after the City’s receipt thereof.
In addition to any other amounts for which City is liable under this Agreement, City agrees to pay to Sun Ridge a late charge equal to one percent (1%) of the amount due if City fails to pay Sun Attachment 2
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 2 Ridge any amount that is due and owing pursuant to this Agreement within sixty (60) days after City’s receipt of an invoice from Sun Ridge. In addition, any invoiced amounts that are due and owing under this Agreement which City fails to pay to Sun Ridge within ninety (90) days after City’s receipt of an invoice from Sun Ridge shall thereafter bear interest at the rate of twelve percent (12%) per annum or the highest interest rate allowed by applicable law, whichever is less.
Section 6. Term of Agreement. Unless terminated earlier in accordance with the provisions of this Agreement or applicable law, the term of this Agreement (“Term”) shall be from the date shown on the first page of this Agreement through completion of the Project. Completion of the Project means the installation by Sun Ridge of all of the Software, the completion by Sun Ridge of all training and other Services and the payment by the City to Sun Ridge of the entire Contract Amount. The Project schedule is to be separately generated and agreed to between the parties.
Notwithstanding the foregoing, the License described in Section 9 below will remain in effect until it is terminated pursuant to Section 9.
Section 7. Warranty/Disclaimer of Liability.
a. Sun Ridge warrants that upon delivery the Software substantially conforms to its Documentation and is free from defects that will materially impair its use. The City’s sole and exclusive remedy for breach of this warranty will be repair or replacement of the Software.
Sun Ridge will make reasonable efforts to correct errors in the Software but does not warrant that the Software is error-free or will perform without interruption. The City has relied solely upon its own investigation and judgment in selecting the Software and not upon any representations or promises of Sun Ridge except as may be expressly stated in this Agreement. b. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES PERTAINING TO THE SOFTWARE, EXPRESS OR IMPLIED, AND SUN RIDGE
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. IN NO EVENT WILL SUN RIDGE BE LIABLE FOR LOST BUSINESS,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED,
WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF THE QUALITY, CONDITION OR USE OF THE SOFTWARE OR ANY OTHER PART OF THE PRODUCT. IN NO EVENT WILL SUN
RIDGE BE LIABLE FOR ANY AMOUNT WHICH EXCEEDS THE AMOUNT PAID BY THE CITY
FOR THE PRODUCT, EXCEPT THAT THIS LIMITATION WILL NOT APPLY TO CLAIMS FOR
WHICH SUN RIDGE IS OBLIGATED TO DEFEND AND INDEMNIFY THE CITY ARISING FROM CLAIMS FOR INFRINGEMENT OF A THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS PURSUANT TO SECTION 10.a.(i) BELOW.
Section 8. Final Acceptance. For thirty (30) days from the beginning of the City’s Operational Use of the Software or forty (40) days after the completion of installation and training by Sun Ridge, whichever comes first (the “Initial Test Period”), the City shall test the system for defects and anomalies. “Operational Use” is defined as the City’s use of the Sun Ridge Software in the course of the City’s daily business activities. At the end of the Test Period, the City shall test and accept or reject the Software as follows:
a. During the Initial Test Period, the City shall assess the performance of the Software. If, at the end of the Initial Test Period, the City determines that the Software is performing to its satisfaction, then Notice of Final Acceptance (“Final Acceptance”) of the Software and authorization of final payment to Sun Ridge will be processed by the City. However, if during this period it is determined that the Software is not working satisfactorily, then the City will identify Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 3 problems in writing to Sun Ridge no later than the last day of the Initial Test Period and work with Sun Ridge for the next thirty (30) days to resolve the problems (“Second Test Period”). . b. During the Second Test Period, the City will again test the performance of the Software. At the end of the Second one of the following shall occur: . i. If the City determines that the Software is performing to its satisfaction it shall provide, within ten (10) calendar days of the end of the Second Test Period, a Notice of Final Acceptance of the Software and, upon receipt of a valid invoice, shall process and pay the Final Acceptance milestone payment. Any remaining issues with the Software shall be covered as part of the original cost of the system and handled as maintenance items under the Software Support Services Agreement (Exhibit C).
ii. If the City decides to not accept the Software, then is must so notify Sun Ridge withing ten (10) calendar days of the end of the Second Test Period. This Agreement shall be terminated, and all payments already made by the City to Sun Ridge, less the cost of project management, installation, data conversion and training services provided up to the date of termination, shall be returned within thirty (30) days to the City. The terms of Section 11 shall apply.
iii. However, if the City fails to provide written Final Acceptance or its decision to not accept the Software within ten (10) calendar days of the end of the Second Test Period, then the Software shall be considered accepted, and the City shall proceed as described in 8.b.i above.
Section 9. Software License. Subject to the terms, conditions, limitations, and restrictions set forth in this Agreement, Sun Ridge grants to the City a nonexclusive and non-transferable license, effective upon the City’s Final Acceptance of the Software pursuant to Section 8 above, to use the Software in connection with the City’s normal and customary daily operations substantially as they exist as of the date of commencement of the Term as described below (the “License”). The City shall acquire no ownership or other rights in or to the Software except for the License granted hereunder, and title to the Software shall at all times remain with Sun Ridge. a. The following additional terms, conditions and limitations apply to the License:
i. The City may use the Software on all computers or electronic devices owned by, in the control of, or authorized for use by the City’s police and fire departments and for the sole use of the City’s police and fire departments and their employees. The Software may not be used by or at any other City departments, agencies, units, or personnel, including but not limited to other law enforcement agencies or fire departments, unless expressly agreed in writing by Sun Ridge;
ii. The City may make a copy of the Software for backup or modification purposes only in support of the City’s authorized use of the Software hereunder as Sun Ridge has expressly authorized; and
iii. No one using the Software, and no one for whose benefit the Software is being used, shall sublicense, resell, distribute, market, provide or otherwise make available the Software or any part or copies thereof to any third party. iv. The City shall not knowingly transfer, use, or export the Software in violation of any applicable laws, rules, or regulations of any government or governmental agency.
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 4 v. The City shall not use the Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component. vi. The City shall not embed the Software in any third-party applications, unless expressly permitted under this Agreement or otherwise authorized in writing in advance by an authorized officer of Sun Ridge.
vii. The License granted under this Agreement shall apply only to the object code for the Software. No one using the Software, and no one for whose benefit the Software is being used, shall have the right to use or have access to the source code for the Software, and neither the City nor anyone using the Software pursuant to this License will modify, change, merge, adapt, translate, reverse engineer, decompile, disassemble or prepare derivative works based upon the Software.
viii. The City acknowledges that the Software and the Documentation constitute trade secrets of Sun Ridge. The City agrees to maintain the confidentiality of the Software and the Documentation and shall take commercially reasonable steps to preserve that confidentiality pursuant to Section 12 of this Agreement. b. The term of the License shall commence upon Final Acceptance of the Software by the City and shall continue until the License is terminated as provided below. i. Sun Ridge may immediately terminate the License in the event of any failure by the City to comply with the terms or conditions of this Agreement by giving written notice of such termination to the City. In the event the City has leased the Software from Sun Ridge, the License will terminate automatically upon termination of the lease. Upon such termination, the City shall immediately cease further use of the Software and will cause all copies of the Software to be destroyed or returned to Sun Ridge. ii. The City may terminate the License at any time by giving written notice thereof to Sun Ridge and by destroying or returning to Sun Ridge all copies of the Software.
The City acknowledges and agrees that any election by the City to terminate the License hereunder will not entitle the City to any refund of amounts paid or compensation of any kind from Sun Ridge except as expressly set forth in Section 11 below. iii. Upon any termination or expiration of the License, an authorized representative of the City shall certify in writing to Sun Ridge that all copies of the Software and the Documentation which were the subject of the License have either been destroyed or returned to Sun Ridge as required above.
iv. The provisions of Sections 7 and 11 through 13, inclusive, shall survive the expiration or termination of this Agreement. c. Sun Ridge may, at its option, release updates to or new versions of the Software. If the City elects to obtain any update or new version of the Software, the use of such update or new version will be subject to the terms and conditions of this Agreement. d. Except as expressly provided in this Agreement, Sun Ridge retains all intellectual property rights and other rights to the Software, Documentation (as defined below), and the source code for the Software.
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 5 Section 10. Indemnity and Insurance.
a. Sun Ridge agrees to indemnify, defend, and hold harmless the City and its officers, directors, shareholders, employees, and agents (the “City Indemnified Parties”) from any and all claims, demands, liabilities, and costs, including attorney’s fees (“Claims”), arising out of or relating to (i) any infringement of a third-party’s intellectual property rights or (ii) the negligence or willful misconduct of any employee or agent of Sun Ridge occurring during or as a result of Sun Ridge’s performance of its obligations hereunder, provided that Sun Ridge shall have no indemnity or other obligations to the City hereunder to the extent any such Claims arise from or are the result of the negligence or other fault of the City or its employees, agents or other contractors nor shall the foregoing indemnity and hold harmless obligations of Sun Ridge extend to or cover any Claims arising from or relating to claims of defects or errors in the Software or the City’s use or inability to use the Software. This indemnity obligation shall survive the expiration, cancellation, or termination of this Agreement. Notwithstanding the foregoing, the City expressly waives, releases, and agrees that neither Sun Ridge nor Sun Ridge’s officers, directors, shareholders, employees, agents and affiliates shall have any liability for any individual’s or entity’s lost business, direct damages, incidental or consequential damages, or any other Claims arising out of or related to the use or implementation of the Software. b. During the term of this Agreement, Sun Ridge shall comply with the following insurance requirements:
i. Workers’ Compensation. Sun Ridge shall fully comply with the terms of the law of California concerning workers’ compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Sun Ridge may have for workers’ compensation. Said policy shall also include employer’s liability coverage of $1,000,000 per accident for bodily injury or disease. ii. General Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement commercial general liability insurance in the amount of $1,000,000 per occurrence for bodily injury, and property damage personal injury; coverage includes products and completed operations. Said insurance shall provide (1) that the City, its officers, and employees shall be included as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and non-contributory. iii. Automobile Liability Insurance. Sun Ridge shall obtain at its sole cost and keep in full force and effect during the term of this Agreement business automobile liability insurance in the amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. Said insurance shall provide (2) that the policy shall operate as primary insurance, and non-contributory.
iv. Certificates of Insurance. Sun Ridge shall file with City upon the execution of this Agreement, certificates of insurance which shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this agreement, without thirty (30) days written notice to the City prior to the effective date of such cancellation or change in coverage.
Section 11. Termination Rights. Either party may terminate this Agreement upon material breach of any of the terms of this Agreement by the other Party, after first giving the other party written notice of such breach and thirty (30) days to cure. If the breaching party does not cure the breach within the allotted time, the Agreement will be terminated. Upon termination, each party will return, delete, or destroy any copies, whether tangible or electronic, of Confidential Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 6 Information obtained from the other party pursuant to this Agreement, including but not limited to any Documentation and any Confidential Information stored on any equipment that may be returned, and certify to the other party in writing within five (5) business days of the termination date that it has done so. If there is a breach of the limited warranty set forth in Section 7.a. above and Sun Ridge fails or refuses to repair or replace the Software resulting in the City’s election to terminate the License within six (6) months after the date of Final Acceptance, the City may recover from Sun Ridge the amount paid by the City for the Product. The City may also terminate the License for any other reason or no reason upon thirty (30) days prior written notice to Sun Ridge, provided that any such election by the City to terminate the License hereunder will not entitle the City to any refund of amounts paid or compensation of any kind from Sun Ridge.
Section 12. Confidential Information. “Confidential Information” means any and all confidential information of a party to this Agreement that is not generally known to or by members of the public, including but not limited to businesses that compete with such a party, including but not limited to the Software and the Documentation pertaining thereto. Confidential Information shall not include information that is now or becomes part of the public domain, is required by applicable law to be disclosed, was already known by the receiving party at the time of disclosure, is independently developed by the receiving party without any use of Confidential Information or is lawfully obtained from a third party. “Documentation” means those visually readable materials developed by or for Sun Ridge for use in connection with the Software, in either written or electronic form.
Each party agrees to protect the other party’s Confidential Information. Confidential Information will not be used or disclosed except as authorized by the providing party. Confidential Information will be disclosed to employees of the receiving party only on a “need to know” basis and only after such employees are informed of the confidential nature of the information and obligated to maintain confidentiality.
If a party or any party acting on its behalf is required to disclose by order of a court of competent jurisdiction, administrative agency or governmental body, or by subpoena, summons or other legal process, or by law, rule or regulation, or by applicable regulatory or professional standards to produce Confidential Information, that party shall promptly (and prior to such disclosure) notify the other party in writing of such demand or requirement whereupon the parties shall cooperate and take all reasonable acts (without significant cost or expense to the notifying party) to exhaust the legal avenues available to maintain the confidentiality of such Confidential Information, unless the party whose Confidential Information is at issue consents to the production and disclosure of such Confidential Information. In all events, only that portion of the Confidential Information specifically requested by the tribunal or person compelling such disclosure shall be provided and no interpretation or analysis of such data prepared for the purpose of such disclosure shall be disclosed unless approved the party whose Confidential Information is at issue or required by law.
Section 13. General Terms.
a. Governing Law. This Agreement will be construed by and enforced in accordance with the laws of the state of California.
b. Dispute Resolution. If a dispute arises from or relates to this Agreement or the breach of this Agreement, the parties must first attempt good faith efforts to settle the dispute through direct discussions after one party puts the other party on notice in writing. If the parties are unable to resolve a dispute following such direct discussions within thirty (30) days from the date of the notice (the “Initial Dispute Resolution Period”), the parties agree to then attempt to settle the dispute by mediation to be held in Fresno, California, through JAMS or another agreed upon mediator or mediation service. If the parties are unable to resolve the matter through mediation within thirty (30) days after the end of the Initial Dispute Resolution Period, either party Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 7 may commence a legal action to resolve the dispute, with the exclusive jurisdiction and venue for any such legal action being in the state and federal courts located in Sacramento County, California. If such an action or proceeding is filed by or against any party hereto, the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee (who shall be a single active or retired judge agreed upon by the parties or designated by the court if there is no such agreement) to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to issue a statement of decision, which statement of decision shall constitute the decision of the court and be reviewable in the same manner as if the court had rendered it. The referee shall include in his or her statement of decision an award to the prevailing party in such proceeding of that party’s reasonable attorneys’ fees and costs, including the fees and expenses of the referee. The hearing before the referee shall be conducted in the same manner as it would be before a court under the rules of evidence applicable to judicial proceedings. Notwithstanding the foregoing, at the option of any party to such proceeding, any issues pertaining to a “provisional remedy” as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court. THE PARTIES
UNDERSTAND AND AGREE THAT THE FOREGOING PROVISION FOR JUDICIAL
REFERENCE MEANS THAT THEIR DISPUTE WILL NOT BE DECIDED BY A JURY, BUT
RATHER BY A REFEREE APPOINTED IN ACCORDANCE WITH THIS AGREEMENT AND APPLICABLE PROVISIONS OF CALIFORNIA LAW.
c. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of the remaining provisions.
d. Assignment. Parties may not transfer, assign, or sublicense this Agreement, any license hereunder, or any of its rights or duties hereunder to any other person, entity, governmental agency, governmental department, governmental unit, or political subdivision without the prior written consent of the other party, which consent may be given or withheld in such party’s sole discretion. Any attempted transfer, assignment, or sublicense made without the prior written consent of a party, if required hereunder, shall be completely void. e. Notice. Any notice requested or permitted to be given hereunder shall be sent prepaid, certified mail, return receipt requested, and shall be deemed to have been given on the third (3rd) business day after mailing to the other party as follows: to the City at the address indicated in the initial paragraph of this Agreement or to Facsimile No. ______________________; to Sun Ridge Systems at P.O. Box 5071, El Dorado Hills, CA 95762, Facsimile No. (530) 672-2385. Notices may be given by facsimile transmission to such number as may be specified by the party for such purpose and shall be deemed to have been given when transmitted to such number with confirmation of a successful transmission. f. Independent Contractors. The parties to this Agreement shall constitute independent contractors. Nothing in this Agreement shall be construed as establishing any employment, partnership, joint venture or similar arrangement between the parties, and no party has any authority to commit any other party to any obligation to any other person or entity, unless expressly agreed to in writing signed by such party.
g. Force Majeure. Sun Ridge shall not be responsible for interruption of, interference with, diminution of, or suspension of any of its products or services, including performance failure, which are caused by strike, lockout, riot, epidemics, war, government regulation, fire, flood, natural disaster, acts of God, utility failures, losses or injuries arising directly or indirectly from criminal acts, negligent acts of others, malfunctions or inadequacies of equipment or service not directly within the control of Sun Ridge.
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 8 h. Authorization/Entire Agreement/Modification. This Agreement will be effective upon signing by the City and Sun Ridge. This Agreement is the complete and final Agreement of the parties relating to the subject of this Agreement and it replaces and supersedes any prior or contemporaneous oral or written understandings or agreements. No alteration or variation to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
i. Attorney’s Fees and Court Costs. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. The term “prevailing party” as used in this subsection shall have the same meaning as California Code of Civil Procedure, section 1032 (a)(4).
This Agreement has been executed by the parties hereto, from the date shown on the first page.
SUN RIDGE SYSTEMS, INC.
By:_________________________________
Anthony B. Richards
Its: President
By: _________________________________
Name _______________________________
Its: Secretary
CITY OF GROVER BEACH
By:_________________________________
John E. Peters
Its: Chief of Police
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 9 Exhibit A Scope of Work
Section 1 – Software Licenses
The City has purchased the following software licenses:
• RIMS Computer Aided Dispatch Software
• RIMS Records Management Software
• RIMS Mobile Computer Software
• iRIMS Law Mobile App Software
• RIMS In-Station Mapping Software
• RIMS Mobile Mapping Software
• RIMS Property Room Bar Coding Software
• RIMS Collaborate Data Sharing Software
• RIMS Text Paging Link Software
• RIMS Officer Training Management Software (TIMS)
The City has purchased the following RIMS interface software:
• RIMS E911 Link Software
• RIMS State (CLETS) Link Software
• RIMS Body Camera Link Software
• RIMS SWITRS Export Software
Section 2 - Project Schedule
Upon execution of the Agreement, Sun Ridge and City shall define a mutually agreed on project schedule by task. The schedule is flexible and subject to mutually agreed to changes.
Section 3 – Hardware/Equipment
Sun Ridge is providing one (1) Worth Data Bar Code Scanner.
Section 4 – Third-Party Software
Sun Ridge is providing no Third-Party software.
Section 5 - Installation
Sun Ridge will install all Sun Ridge provided Software on City provided servers and will provide instruction to City staff on how to install the client workstation Software and Mobile/App Software. City servers and workstations (including desktop and laptop computers as well as Android and/or iOS devices) shall meet the minimum specifications set forth in Section 13.
Access to City supplied servers shall be via unattended remote access using a product called Bomgar by BeyondTrust, provided by Sun Ridge.
As part of installation, Sun Ridge will setup a basic system backup process to local disks.
Section 6 – Configuration
Sun Ridge will provide the following sessions to the City’s designated RIMS Administrators.
Please note that since you are a multi-agency user with the Pismo Beach Police Department, these sessions will be conducted in tandem with them.
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 10 Initial Setup: Consists of two (2) sessions, not to exceed four (4) hours per session, consisting of instruction on the preliminary configuration of RIMS. Initial Setup is conducted over the phone and via remote access to the City’s RIMS via remote access. The City will be given specific assignments to be completed at the conclusion of the sessions.
RIMS Configuration and Setup: Consists of either two (2) contiguous days onsite, or up to 16 hours via phone and remote access. This session continues the system setup that was started with the Initial Setup sessions. The RIMS Administrators will be instructed on how to configure RIMS to most closely meet the desired operational procedures of the City. In some cases, the RIMS Administrators may find that modifying existing procedures may be desired in order to take full advantage of RIMS functionality. Discussions will include:
• Customization of drop-down menu choices for 200+ fields* • The City’s records management operational decisions
• Paper flow vs paperless vs less paper for records
• Selection of case format type
• Review of data conversion processes and implementation, including reviewing data and starting data translations if converted data is available at the time the session is scheduled.
Section 7 - Map Engineering Services
Sun Ridge will provide map engineering services assuming an ESRI-based map source. This process involves the City supplying an ERSI street centerline file (and layers) to Sun Ridge so that Sun Ridge can build maps for use by the RIMS mapping software products.
Section 8 – Street File (aka “Geofile”) Load
City and Sun Ridge will work together to determine the best street file source. One “load” of this source file into RIMS is included in the scope. If City determines that additional iterations of the street file are to be loaded (due to updates or corrections) or determines an alternative source for the street file is preferred, Sun Ridge may charge additional fees.
Section 9 - Integration.
Sun Ridge shall provide RIMS sided interfaces for all third-party software applications listed in Section 1 above. The City must coordinate with third-party vendors to complete and test each interface.
Section 10 - Training
Sun Ridge is providing “end user” training all of which shall be conducted on-site (except where noted in the following chart) at a City provided location(s). Training days are contiguous, including weekends. Class times are 0800 to no later than 1700. Sun Ridge will provide a training plan at least 30 days prior to the first training session, generally following the parameters and total number of classes set forth in the chart below but with the specifics mutually agreed upon by the Parties.
Sun Ridge will provide course materials/handouts in electronic format in advance of the training.
As “session” is a repeat of the same class/material.
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 11 End User Training
Subject
Sessions
Offered
Days Per
Session
Total
Days Class Size
Officers/Mobile Training 3 2 6
No more than
2 students per
workstation/20
students per
session max
Records 1 1 1
1 student per
workstation
(also must
attend Day 1
of Officer
Training)
Property Room 1 1 1
1 student per
workstation
(also must
attend Day 1
of Officer
Training)
Officer Training
Management (TIMS) 1 1 1 1 student per workstation.
Admin Review 1 .5 .5 TBD
IT Overview 1 .5 .5
IT Staff –
Conducted as
part of System
Cutover
Section 11 - Go Live Support
Two (2) Sun Ridge staff will be on site on the day of system cutover and 2 staff will be onsite that day after system cutover. Staff will be onsite to answer questions and to address any system problems.
Section 12 – Data Conversion
Our proposal includes the cost for conversion of your EIS RMS data. Data conversion does NOT include data extraction from the current EIS system. You will provide the EIS data to be converted to Sun Ridge (either via a database backup or via a linked server) which shall consist of RMS data (consisting of a single database). Once Sun Ridge receives the extracted data, Sun Ridge will evaluate it to determine which items may be converted into RIMS. As part of Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 12 Sun Ridge’s standard data conversion, Sun Ridge attempts to convert the following items. In some instances, all data may not be available or suitable for conversion.
RMS Data
People:
• Person Name (including combining duplicates based on 6-way match) • DOB
• Contact Information
• Description
• Identification Numbers
• Officer Safety Notifications
• Log Entries for Connections to Cases
• Log Entries for Citations
• Log Entries for Field Contacts
• Person Photos (if stored in the RMS and NOT a separate database or system).
Arrests:
• Arrestee
• Date/Time
• Charges
• Counts
• Offense Level
• Disposition
• Booked/Cited Out.
• Arresting Officer ID
Vehicles:
• License (including combing duplicates based on 2-way match) • License
• State
• Make
• Model
• Year
• Color
• Type
• Log Entries for Connections to Case
• Log Entries for Field Contacts
• Log Entries for Citations.
Cases:
• Location
• Date Reported
• Date Occurred
• Classification/Type
• Offenses
• Case Dispositions
• Date of Dispositions
• Officer ID
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 13 • Persons
• Vehicles
• Narratives
• Supplements.
• Attachments to cases to include the following file types: .doc (no imbedded photos), .pdf., .jpeg.
Accident Reports (from EIS):
• Location
• Date Reported
• Date Occurred
• Classification/Type
• Offenses
• Case Dispositions
• Date of Dispositions
• Persons
• Vehicles
• Narrative
• Supplements
• CHP 555 Form and Diagram as .pdf files as part of attachments process.
Warrants (if applicable):
• Person Name
• Warrant #
• Warrant Date
• Type
• Felony/Misdemeanor
• Reason
• Court
• Judge
• Case #
• Cite
• Docket
• Ref #
• Agency
• Charges
• Comment
• Bail Amount
• Served Date
• Returned Date
• Returned Reason
• Recalled Date
• Recalled Reason.
Property in Cases:
• Category
• Article
• Status
• Description
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 14 • Brand
• Model
• Item #
• Property Code
• Locations
• Value-stolen
• Recovered
• Damage
• Officer.
Premises:
• Common Place Name
• Address
• Contract Person
• Contract Phone Number
• Alarm.
Streets (if electronic street file is available):
• Street Name
• Intersections (with block ranges).
Officer:
• Name
• ID
Users:
• Name
• ID
Conversion of CAD and Property Room data has not been included.
As part of the data conversion process, your data will be merged with that of Pismo Beach as part of the multi-agency RIMS.
Section 13 - The City’s Responsibilities
The City is responsible for the following:
- Installation of all remaining client workstations
- Installation of all remaining mobile computers
- Installation of all remaining smartphone/tablet devices - Coordinate and schedule resources of the City to include IT staff - Identify RIMS Administrators
- Provide data communications infrastructure (network, wireless, internet, intranet) - Complete, submit and gain approval of updated DOJ CLETS application Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 15 - Coordinate testing of the CLETS Message Switch
- Complete CIBRS certification
- Contact third party vendors (E911 provider, DOJ, AXON, etc., and any other necessary third-parties) and coordinate their schedules and costs they may charge the City to provide, install and test their portion of the interface to RIMS. - Provide Geofile (aka “street file”) source and build-out - Ensure accuracy of the geofile
- Provide initial map source file (ESRI)
- Ensure accuracy of the map source
- Ensure all user-maintained configuration and data validation tables are completed prior to the start of training
- Provide training facilities and workstations (meeting minimum workstations requirements) and ensure access to RIMS training database from the training location(s) - Training facilities must meet current Federal, State and local guidelines for health and safety, including those that may affect class size and physical configuration - Make paper copies of class materials and handouts provided by Sun Ridge - Schedule the City staff into requisite classes
- Assume any costs for staff overtime or other expenses incurred to support training schedule - The City will allow unattended remote access (During implementation) to Sun Ridge using Bomgar by BeyondTrust remote access software to allow Sun Ridge to meet its responsibilities under this Agreement
- The City will provide the following hardware meeting the following minimum specifications:
Minimum Specifications (If using existing PCs) - Monitor Resolution: 1920 x 1080 PC Workstations
Windows 10+
4 GB RAM
Any size disk
Recommended Specifications (If purchasing new PCs) - Monitor Resolution: 1920 x 1080
PC Workstations
Windows 10+
8 GB RAM
Any size disk
Mobile Computer Specifications - Recommended Specifications (If purchasing new PCs) Monitor Resolution: 1920 x 1080
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 16 Mobile Computers
Windows 10+
8 GB RAM
Any size disk
Additional Features for Mobile Computers: Wireless-Based Modem, Virus Protection Software, 2 or more USB ports, Internet Access (if using Google Maps).
Option features for Mobile Computers: Touchscreen, Driver License Reader (USB), and Fingerprint reader by Digital Persona.
Mobile Application Specifications:
Mobile App Devices
iPhones/iPads Android
iOS v12+ Android v6 (Marshmallow)
or greater
Property Room Specifications:
- Provide a minimum of one (1) DYMO LabelWriter 450 Turbo Label Printer - Provide a minimum one (1) month supply of Dymo Labels # 30256 for Property Room Connection to Pismo Beach RIMS Servers:
- Provide a high speed (recommended 100 mbps or higher) connection between workstations running RIMS as your facilities/locations and the RIMS server at Pismo Beach Pd - Ensure network connectivity between locations
- Ensure connectivity of the mobile computers and the server at Pismo Beach Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 17 Exhibit B – Contract Amount
Item Price
RIMS Computer-Aided Dispatch Software $23,825
RIMS Records Management Software $46,200
RIMS Mobile Computer Software $15,750
iRIMS Law Mobile App Software $11,000
RIMS In Station Mapping Software $8,825
RIMS Mobile Mapping Software $3,800
RIMS Property Room Bar Coding Software $13,000
RIMS E911 Link Software $5,000
RIMS State Link Software (CLETS) $5,050
RIMS Text Paging Link Software $3,000
RIMS Collaborate Data Sharing Software $7,000
RIMS Officer Training Management Software $5,000
RIMS Body Camera Software $2,000
RIMS SWITRS Export Software $5,000
Mapping Data Engineering Services $2,500
Worth Data Bar Coding Equipment $1,700
Data Conversion Services $45,000
Installation and Training $75,102
Year 1 - Support and Updates $23,167
California Sales Tax $148
CONTRACT AMOUNT $302,067
The following annual support amounts will also be billed under this contract but are not included in the milestone payments as defined in Section 4 of the contract. Each will be invoiced prior to the annual anniversary of the date of system cutover. Please note that these amounts are subject to change should the City purchase or remove products during the annual support periods specified below.
Year 2 – Support and Updates $24,325
Year 3 – Support and Updates $25,542
Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 18 Exhibit C – Support Services Agreement
This is a description of the software support, maintenance, and enhancement services to be provided by Sun Ridge Systems, Inc. (“SRS”) to the City (“Licensee”) as part of a Software Support Services Agreement (“Support Service Agreement” or “Agreement”). This Agreement covers all RIMS public safety software (Software) licensed by the Licensee.
Under this agreement SRS agrees to provide the following services and products to Licensee:
1. Coverage Hours. SRS will provide a toll-free phone number for Licensee to call whenever a covered problem occurs. Normal service hours will be Monday-Friday, 8AM-5PM PST, with the exception of common federal holidays (“Holidays”). However, for instances with the Licensee’s system is completely inoperable due to a SRS software problem (“Critical Problems”) preventing basic system operation, service will be available 24 hours, 7 days a week, Holidays included.
2. SRS Response to reported problems. SRS agrees to provide service and assistance as expeditiously as possible as follows:
a. Most problems will be resolved with the initial phone call. b. For problems that cannot be immediately resolved, SRS will work to resolve the problem based on the severity of the problem and the urgency reported by Licensee. ● For Critical Problems, SRS personnel will work with Licensee until the situation is resolved.
● For problems that are not Critical Problems that have a lesser though continuing impact on operations of Licensee (“non-critical problems”), SRS will endeavor to provide a solution or work around within 72 hours of the problem being reported to SRS by the Licensee.
● For problems that are not Critical Problems and are not non-critical problems (“Minor Problems”) SRS may, at its discretion, either issue a near term "fix release" of the product or include the fix in the next scheduled product update.
3. Licensee equipment and software responsibilities. Licensee agrees to allow SRS to remotely connect to Licensee’s system when a problem is reported. SRS uses BeyondTrust Remote Access Software for this purpose. BeyondTrust software provides superior security and does so over an ordinary internet connection via a SRS server that hosts a BeyondTrust security hardware appliance.
With Licensee’s permission, SRS will use this connection to examine data files related to reported problems and to provide updates and corrections when necessary.
4. Provision of software updates. SRS will provide, at no additional cost, all new enhanced and updated versions of software licensed to Licensee. This software will be provided with detailed installation instructions for installation by Licensee. If desired, Licensee may retain SRS to perform any installation at additional cost to be determined on a per case basis. Updates are distributed Sun Ridge Systems, Inc. – City of Grover Beach v3b Page 19 via download from the SRS ftp web site. SRS will not be obligated to provide service for release versions that are more than two annual release versions older than the current release.
5. Term. The term of this Support Services Agreement shall be one year from the date stated in the initial paragraph and shall be automatically annually renewed for another year upon payment of the invoice. Payment for the year is due in advance the day the services begin. Non-payment of the support invoice within 60 days as described in Section 6 shall be cause for terminating or suspending the Support Services Agreement at the discretion of SRS. Any requested changes to the Support Services Agreement for a new term must be received by the end of the previous term.
This includes any changes to the list of products covered.
6. Limitations. SRS agrees to provide support only for public safety application software provided by SRS. Other software used by Licensee (word processing, spreadsheet, etc.) is not included in this Agreement. PC and network operating system software and Microsoft SQL Server database system software is similarly not included, although SRS may assist Licensee in isolating problems to this software. Also specifically excluded is responsibility for administration, support, or maintenance of your server, computer network, operating systems, or database (Microsoft SQL Server).
Licensee may request that SRS provide support services outside the limitations of this Support Services Agreement. If SRS agrees to provide any requested additional support services, which SRS may do or decline to do in its sole discretion, such support services will be provided at SRS’s then-current hourly labor rate and on such other terms and conditions as SRS may require.
This Agreement does not include equipment maintenance or assistance in diagnosing hardware problems including but not limited to PCs, printers, network, scanners and other computer peripheral devices with the exception that SRS will assist Licensee in determining whether a problem is RIMS application software in nature.
Additionally, this Agreement does not include updates or reloading of the street file or regeneration of maps from updated data sources which may become available to the Licensee. If desired, Licensee may retain SRS to perform updates of this files at additional cost to be determined on a per case basis.
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 9, 2022
FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: Award of Consultant Services Contract for Ramona Garden Park Project Design (CIP 1259)
RECOMMENDATION
Authorize the City to enter into a Consulting Services Agreement with Wallace Group for design phase services, bidding phase services, and services during construction associated with the Ramona Garden Park Project (CIP 1259) in the amount of $459,655 and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
Ramona Garden Park is approximately two acres bounded by North 9th and 10th streets to the west and the east and Ramona and Brighton Avenues to the south and north. It is a multi-use facility that includes the Community Center, exterior public restrooms, an open plaza area with amphitheater, drought tolerant landscaping; a rock-bed stream water feature and a large open turf area that comprises the majority of the park area. Ramona Garden Park is the focal point for events in Grover Beach including the Stone Soup Music faire, Concerts in the Park, the Halloween Carnival, the tree lighting and Santa’s workshop. The park is centrally located with access to downtown businesses, retail shops, restaurants, and the post office.
Building on the current amenities of the park, there is an opportunity to create a comprehensive educational, recreational, and social complex that will serve the community even better as a central gathering location. On September 3, 2019, the Council entered into a consulting services agreement with RRM Design Group for development of the Ramona Garden Park Master Plan.
The Master Plan, adopted by the Council on November 16, 2020, provides a important “road map” for the City to utilize in final design and construction of park improvements. However, to fully implement the vision of the Master Plan, more detailed design and construction documents need to be developed with a focus on engineering work necessary to construct these improvements over time as funding is available.
In August 2021, the city advertised for professional design proposals to prepare design and construction drawings for Ramona Garden Park Phase 1 construction. As approved by the Council, Phase 1 includes the new playground, walkways and restrooms that will be located in the northern part of the park near Brighton Avenue. Staff reached out to firms on the City’s approved short list of Parks and Landscaping Design consultants and received proposals from Oasis Associates and RRM Design Group. After reviewing the proposals and evaluating the complexity of the project, staff sought to expand the consultant pool and more broadly advertised for design services in December 2021. The City received one additional proposal from Wallace Group for a total of three proposals.
Staff Report: Consultant Services Contract for Ramona Garden Park Design (CIP 1259) Page 2 May 9, 2022
A proposal review committee thoroughly evaluated and ranked the proposals based on the City’s reviewing and scoring process. Staff followed up with meetings with the design teams to discuss items in the proposal. Based on the firm’s qualifications presented within their proposals, their experience with projects of similar scope, and the quality of their proposals, the review committee determined Wallace Group was the most qualified and responsive firm for this project due to Wallace Group’s expertise with the degree of civil engineering work involved.
FISCAL IMPACT
The cost of this work is approximately $459,655 which includes design services through construction of Phase 1. Funding for this design work includes $400,000 from the Parks Development Impact Fee (DIF) Fund, $51,000 from the Recreation DIF Fund, and $9,000 from the Parks Construction Fund.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize the City to enter into a Consulting Services Agreement with Wallace Group for design phase services, bidding phase services, and post-design services during construction, associated with the Ramona Garden Park Project Design (CIP 1259) in the amount of $459,655; authorize the Mayor to execute the agreement on behalf of the City; and authorize the City Manager to approve change orders up to $46,000; or
2. Provide staff with alternative direction
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Wallace Group Scope of Work and Cost Proposal
2. Ramona Garden Park Master Plan
SCOPE OF SERVICES
Task 1: Predesign Services
Task 1.1: Project Management and Meetings
Wallace Group will attend up to two (2) meetings during this phase of work as indicated below.
One (1) project kick-off meeting with City staff and the project team to establish a mutual understanding of project goals and objectives, two Wallace Group Staff in attendance.
One (1) meeting with City staff to review the Splash Pad concepts and discuss project phasing, and other items related to the Master Plan, two Wallace Group Staff in attendance.
We anticipate these meetings will be held locally in Grover Beach or via video conference (Zoom). Additional project coordination with the design team will be provided via teleconference and email correspondence. Internal project meetings, staff coordination, and other project management related items are included in this task. This task budget anticipates the design phase of this project will be approximately 2 months. Design submittal deliverables will undergo an internal Quality Control and Quality Assurance review. This review process is a critical component of a successful project. Wallace Group standards for quality and assurance have been established in order to support project viability and constructability, through detailed review and analysis at critical project milestones.
Task 1.2: Topographic Survey
Wallace Group will conduct a topographic field survey of the Ramona Park property as shown shaded red in Figure 1. The field survey will include features such as existing fences, power/light poles, edge of pavement, concrete walks, curbs, envelope of park equipment (exercise stations, benches, picnic tables, barbeque pits, and trash receptacles), trees 4- inches in diameter or greater (size and common species) measured at breast height (DBH), fire hydrants, water valves, irrigation control boxes, utility boxes and vaults, manhole type, rim elevation and inverts, drop inlets, catch basins, approximate pipe sizes and direction of pipe (if any are within survey area), and paint markings which indicate the presence of underground utilities. In the areas where proposed improvements will be conforming to existing condition the mapping approach will be completed in a manner that typically provides sufficient topographic mapping detail for design and engineering for a project of this type. For example, in the areas of conform flat work, including pavement, sidewalk, curb and gutter, v-gutters, etc. will be measured at an approximate cross section interval of every 25 feet In the areas within the park where existing features will be primarily demolished and replaced with proposed improvements, the mapping approach will include much less detail This mapping approach has been reviewed with the design and engineering team and is being proposed to increase the efficiency, both as related to schedule and fee, of the overall topographic mapping The mapping will clearly indicate areas of less detail and we have also included one additional field survey day and the associated mapping effort to provide additional detail in areas that were originally proposed to not need such attention.
PP21-7427
City Grover Beach - Ramona Garden Park
April 15, 2022
FIGURE 1
The mapping will be completed to meet a 1” = 20’ mapping scale with a one-foot contour, although some areas will be plotted at a 1” = 10’ or less scale for readability purposes.
We will locate sufficient monument to re-establish the property boundary and adjacent right of way lines of the public streets. We will also procure a preliminary title report for the property in question and use this as a research aid to plot easements listed with the report that affect the property. This includes preliminary title reports for the following assessor parcel numbers:
1. 060-162-012
2. 060-162-013
3. 060-162-015
4. 060-162-016
5. 060-162-020
6. 060-162-023
7. 060-162-024
8. 060-162-025
For budgeting purposes, we have assumed a reimbursable fee of no more than $500 for each of these preliminary title reports.
The topographic survey mapping will be constrained horizontally to the California State Plane Coordinate System of 1983 (CCS83), Zone 5 projection and vertically to the City of Grover Beach’s Benchmark System or North American Vertical Datum of 1988 (NAVD88). Wallace Group will compile the survey data measured and collected to an AutoCAD Civil 3d 2021 drawing to be used as the basis of the design and engineering phase of work. We will create a DTM surface using the ground survey data within the AutoCAD drawing. Local control will be set and shown on the map.
PP21-7427
City Grover Beach - Ramona Garden Park
April 15, 2022
Task 1.3: Geotechnical Investigation
Earth Systems Pacific will provide a Geotechnical Engineering Report and infiltration testing for stormwater facilities.
Task 1.4: Electrical Investigation
Gray Electrical Consulting will visit the site, review existing utility infrastructure as necessary to advise on application intake requirements and develop a schematic level concept for relocation of utility facilities. Gray Electrical will also develop a due diligence assessment of the project and work to determine high-level utility company facility impact.
Task 1 Deliverables:
Signed and sealed 24” X 36” PDF survey base map
Civil 3D 2020 Survey Base Map
Geotechnical Report with Infiltration Tests (pdf format) Due diligence assessment of existing electrical system Task 2: Preliminary Plans (20% Design)
Task 2.1: Project Management and Meetings
Wallace Group will attend up to two (2) meetings during Task 2 as indicated below. One (1) project meeting with City staff to discuss phasing and implementation of Master Plans elements, two Wallace Group Staff in attendance One (1) meeting with City staff to review comments on the 20% Design submittal documents, two Wallace Group Staff in attendance
We anticipate these meetings will be held locally in Grover Beach or via video conference (Zoom). Additional project coordination with the design team will be provided via teleconference and email correspondence. Internal project meetings, staff coordination, and other project management related items are included in this task. This task budget anticipates the design phase of this project will be approximately 2 months.
Task 2.2: Preliminary Design Plans
Wallace Group’s civil and landscape architecture departments will collaborate with the City to provide Preliminary Site, Grading, Utility, and Landscape Plans for each of the five phases.
Plans will show location hardscape areas, sidewalk, park amenities, playground, amphitheater, landscape areas, and other elements identified on the Master Plan.
Preliminary grading will include preliminary finish floor elevations of the restroom, sidewalk elevations, preliminary finish grade contours across the site, and the location of retaining walls, if necessary. Utility plans will identify existing and proposed services (sewer, water) and existing utility main lines within the right of way.
Our work will be based on the approved Master Plan and refined to consider existing topography and site features obtained from Task 1, grading strategies for cohesive and accessible amenities, project phasing, and overall site refinements.
The 20% Design Phase will include a review of the Final Master Plan cost estimate provided by others. Wallace Group will evaluate the cost estimate in coordination with the refined 20% Design Plans and provide an updated cost estimate.
Task 2 Deliverables:
Phase 1-5 Preliminary Site Plan, Grading Plan, Utility Plan (pdf format) Phase 1-5 Preliminary Landscape Plans (pdf format)
PP21-7427
City Grover Beach - Ramona Garden Park
April 15, 2022
Task 3: Construction Documents (65% and 95% Design)
Task 3.1: Project Management, Meetings, and QA/QC
Wallace Group will attend up to four (4) meetings during Task 3 as indicated below. Two members of Wallace Group staff will attend these meeting. One (1) check in meeting with City staff during the 65% design phase One (1) meeting with City staff to review comments on the 65% Design submittal documents
One (1) check in meeting with City staff during the 95% design phase One (1) meeting with City staff to review comments on the 95% Design submittal documents
We anticipate these meetings will be held locally in Grover Beach or via video conference (Zoom). Additional project coordination with the design team will be provided via teleconference and email correspondence. Internal project meetings, staff coordination, and other project management related items are included in this task. This task budget anticipates the design phase of this project will be approximately 4 months.
Design submittal deliverables will undergo an internal Quality Control and Quality Assurance review. This review process is a critical component of a successful project. Wallace Group standards for quality and assurance have been established in order to support project viability and constructability, through detailed review and analysis at critical project milestones.
Task 3.2: Construction Plans (65% and 95%)
For each of the five phases, Wallace Group will provide the following improvement plans. We anticipate approximately 22 sheets per set.
Cover Sheet
General Notes
Demolition Plan
Site Plan
Grading and Drainage Plans (2 sheets)
Utility Plans
Site Sections
Erosion Control Plan and Details (2 sheets)
Construction Details (2 sheets)
Site Amenities Layout Plan and Details (2 sheets)
Planting Plan and Details (2 sheets)
Irrigation Plan and Details (3 sheets)
MAWA Water Calculations Plan
Electrical Plans and Details (2 sheets)
Cover Sheet will include general project information, vicinity map, phase map, and design team contact information. General Notes will include notes related to general site construction, site grading, utilities, and erosion/dust control. As appropriate, the general notes sheet will also include the City of Grover Beach standard notes. Building codes applicable to the civil related elements of the project will be identified on this sheet.
Site Plan will show the location of surface improvements such as asphalt, concrete, sidewalk, ramps, park amenities, etc. Reference to survey coordinates and/or monuments will be PP21-7427
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included. Vehicular and pedestrian access will be shown on the site plan. Wallace Group will show the ADA path of travel based on coordination with the City of Grover Beach.
Grading and Drainage Plans will utilize current topographic survey data obtained in Task 1 to create a finish grade surface. Plans will show elevation and slopes of sidewalks, building pad elevations, plazas, and landscape areas. We assume the grading strategy demonstrated on the preliminary grading plan is acceptable and will not substantially change during the construction document phase. The proposed storm drainage system will be shown including inlets, storm drain pipes and other applicable drainage features. Grades for an accessible path will be provided to the building and the accessible amenities.
Utility Plans will provide the layout for the proposed sanitary sewer and water laterals needed to service the project. We anticipate existing water and sewer lines within the right of way are available for connection if needed and no main line extensions within the right of way will be required. Plans for the undergrounding of existing overhead power will be provided as outlined in Task 3.3. Design for other dry utilities including but not limited to gas, telephone, cable tv, internet, etc. are not anticipated.
Site cross sections will be provided and will show proposed grading across the site and conformance to existing grades at the property lines. We do not anticipate the need to provide retaining wall profiles for this project.
The Erosion Control Plan will include the location and implementation of best management practices (BMPs) to reduce the spread of sediment from the project site during construction.
Details will be provided for the selected site BMPs. Construction Details will include the City of Grover Beach standard improvement drawings for driveways, curbs, ramps, sidewalks, site utilities and other site improvements as appropriate.
The landscape plans will include site amenities (including layouts and details), planting layouts and details, irrigation layouts and details, and MAWA calculations for the five (5) construction packages.
As an addition to the landscape plan, we will prepare a Landscape Maintenance Manual that describes best management practices for the long-term maintenance of the landscape material at the park. It will be a manual for landscape maintenance contractors and will describe work expectations and practices for maintenance of the park plant material.
Task 3.3 Electrical Design Plan and PG&E Coordination
The Electrical Design Plans shall include complete detailed design drawings and photometric analysis for installation of new lighting (i.e. landscape areas, walkways, play areas, amphitheater, parking, outdoor classroom, and fitness space), and electric power provisions to one (1) new restroom building.
Dry-utility company coordination (electric / telephone / & cable-television) to facilitate applications for new service(s), relocation of existing utilities, undergrounding of existing overhead utilities and improvements necessary for the construction of the park. The coordination of the aerial facility underground conversion is for the facilities running through the park. Aerial facilities at the project perimeter, along Ramona and Brighton are assumed to remain.
Task 3.4: Stormwater Control Plan (65% and 95%)
A stormwater control plan (SWCP) will be prepared in accordance with the City of Grover Beach requirements and the Regional Water Quality Control Board Post Construction Stormwater Requirements (PCRs). The site will be divided into preliminary drainage PP21-7427
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management areas and stormwater control measures will be implemented to manage postdeveloped runoff. We anticipate one stormwater control plan will be prepared that covers all the phases of work. Flood control design (storms larger than the PCR requirements) are not included in the stormwater design.
Task 3.5 Engineer's Estimate of Probable Construction Costs (65% and 95%) Based on updated material types and quantities, we will prepare an engineer's estimate of probable construction costs. This will include project quantities and estimated unit costs in pdf and excel file format.
Task 3.6 Specifications (65% and 95%)
The Wallace Group team will prepare book specifications for the work based on Caltrans 2018 Standard Specifications format to be incorporated as Technical Provisions with the City's standard front-end documents.
Task 3.7 Art and Park Signage Coordination
The Wallace Group team will coordinate with the City on the selection and design (by others) of the monument sign, mural, art pieces, tile mosaic, overhead structure at entry, and custom park signage. We have budgeted approximately 30 hours for this task.
Task 3.8 Structural Design (65% and 95%)
As a subconsultant, Murphy Structural Engineers will provide the following:
Platform and foundation design for a yet to be determined bandstand. A raised concrete or raised wood framed deck and footings is assumed. If a pre-engineered, manufactured structure is to go on top of the band stand deck, loads will be provided by the structural engineer of the pre-engineered structure to be evaluated and supported by the foundation.
Foundation and anchorage design for overhead entry structure. Design will be based on loading provided by the structure's engineer.
Specifications for the above scopes.
Task 3 Deliverables:
● 65% & 95% Design Plans, 24”x36” size in pdf format
● 65% & 95% Stormwater Control Plan
● 65% & 95% Engineer’s Estimate of Probable Construction Cost in pdf format ● 65% & 95% Specifications in pdf format
Task 4: Construction Documents (Bid Set)
Task 4.1: Final Design Package (100%)
Following the 95% review stage, the Design Team will address the 95% comments and prepare 100% Plans, Specifications, and Construction Cost Estimate for the City’s use in bidding the project. Wallace Group will submit a 100% PS&E package to City for signatures.
Task 4.2: Bid Support (Phase 1 only)
Included in this proposal, Wallace Group will provide technical and design support services for the project during the Bidding Phase of the Phase 1 Construction Package:
Attend one (1) Pre-Bid Meeting at the City.
Assist with preparing bid packages, including product data and specifications. Respond to questions during the bidding process as well as supporting City lead addendums.
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Task 4 Deliverables:
● 100% Design Plans, 24”x36” size in pdf format
● 100% Engineer’s Estimate of Probable Construction Cost in pdf format ● 100% Specifications in pdf format
● One (1) Bid package in pdf format
● Up to five (5) responses to bid questions in pdf format Task 5: Engineering Support During Construction (Phase 1 only) Wallace Group will provide civil and landscape architectural support services for Phase 1 construction. Due to the indeterminate timing of subsequent phases of work, contract for construction support for Phases 2 through 5 is not included at this time. Geotechnical construction support is excluded from this task. Phase 1 construction support will include:
Construction Phase:
Attend one (1) Pre-Construction Meeting at the City.
Attend weekly construction meetings (1-hr max) for the 6-month construction duration. Wallace Group (one staff member) will attend the weekly meeting onsite once a month and will be virtual (Zoom, Teams) the rest of the weekly meetings. Review submittals and provide submittal responses to the project manager for the City.
Provide responses to requests for information (RFI).
Attend the punch list walk, and issue and maintain the punch list. Review the final record drawings submitted by the contractor at the completion of construction. Prepare correction memos for the contractor to perform record drawing revisions.
Task 5 Deliverables:
● Up to ten (10) submittal review responses in pdf format ● Up to ten (10) RFI responses in pdf format
● One (1) punch list in pdf format
● Response to contractor record drawing package. One (1) memo in pdf format Assumptions and Exclusions
Civil-Landscape
● Restroom building will be prefabricated with storage included, architectural/structural MEP design is not included for this building.
● Existing sidewalk and parking along the north (Brighton Ave) and the east (N. 10th St) will remain.
● Capacity of existing sewer and water main in ROW is sufficient for this project, main line upgrades or extensions are not included.
● Design and coordination for gas is not included.
● Undergrounding of existing overhead utilities is proposed for the facilities running through the park (north south). Existing overhead utilities at the project perimeter (along Ramona and Brighton) are assumed to remain.
● One Stormwater Control Plan will be prepared to cover all phases of work. ● Flood control design (storms larger than PCR requirements) is not included. ● City to provide front end documents for specifications. ● Bid Support (Task 4.1) is for Phase 1 only.
● Engineering Support During Construction (Task 5) is for Phase 1 only. ● A separate budget (not included in current scope) will be required for each subsequent phase of work after Phase 1 for bid support and engineering support during construction.
Additional Budget (not included in current scope) will also be needed at each subsequent PP21-7427
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phase to verify plans meet current code requirements and to conform plans to the latest as-built information if necessary.
● Existing Community Center building, and Library building will not be modified. ● All site walls will be low (less than 3 ft) and will not need structural design. ● Coordination for the Monument sign, mural, art pieces, tile mosaic, overhead structure at entry, and custom park signage is included as noted in Task 3.7, design of these elements is not included.
● Planned prefabricated amenities: signs (multiple Phases), games tables (Phase 3), fitness equipment (Phase 5), playground equipment, playground surfacing, fencing, moveable BBQ (Phase 3), will be selected and specified with input from City. ● Structural design is included for the foundations/footing necessary to support the bandstand and overhead structure as noted in Task 3.8. Structural design for the site features is not included.
● Architectural design is not included in scope. Depending on the direction from the City, architectural design for the covered trash enclosure(P3) and bandstand (P2) may be needed.
● Bandstand will be prefabricated, no MEP custom design. ● Concert dance floor will be concrete surface, City to provide moveable wood flooring if desired.
● For bid phase services, Wallace Group will prepare plans, specifications, bid schedule for the city to solicit and administer the bidding process. Wallace Group will respond to questions and prepare addendum as necessary.
Assumptions and Exclusions
Electrical
● Assumes utility services are readily available to the project site. Existing electrical service to be investigated at Pre-Design Phase (Task 1.4). Scope of services excludes offsite utility coordination for extension of services to project location. ● Street Lighting Design and/or modification of current project street lighting. ● Facilitation of Service Disconnect to existing building onsite scheduled for demolition.
● Design coordination and application for temporary construction power. ● Application for self-generating electrical systems.
● Easement Preparation.
● Specification of low voltage cabling and/or fiber.
● Low voltage landscape lighting.
● California Energy Code Title 24 compliance documentation for internally illuminated signage. Assumes this will be provided by the vendor of such signage. ● Actual field measurements of existing site lighting conditions. If required, this service can be provided under a separate contract.
● Custom luminaire product design.
● Sports field lighting design.
● Emergency generator for legally required/optional standby distribution system. ● Load/line side connection of an alternative energy system to building electrical distribution system.
● Design and specification of alternate energy system.
● Design and specification of lighting protection system. ● Electrical coordination study, including arc flash analysis.
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Assumptions and Exclusions
Geotechnical
Scope does not include charges for meetings, plan reviews, consultation beyond the completion of the report, determination of site-specific ground motion parameters, report revisions to address changes in design, a geologic hazards report, construction observation or testing, or other such services.
Analyses of the soil for chemical properties including hydrocarbons, corrosivity, radioisotopes, etc.; estimates of material shrinkage; construction issues within the domain of the contractor, and any other services not specifically noted are beyond the scope of the proposed investigation. Assessments of the site for asbestos (either naturally occurring or in man-made products), radioisotopes, lead or mold potential are beyond the scope of the proposed services.
Wallace Group Team Resource Estimate for the
Ramona Garden Park BUDGET SUMMARY
PRINCIPAL
PRINCIPAL ENGINEER
DIRECTOR
SENIOR ENGINEER III
ENGINEER I
ASSOCIATE ENGINEER II
SENIOR LANDSCAPE ARCHITECT II
LANDSCAPE ARCHITECT I
TWO PERSON SURVEY CREW
SURVEY TECH IV
Gray Electrical
Earth Systems
Murphy Structural
Misc. Direct Costs
TOTAL LABOR HOURS TOTAL
TASK DESCRIPTION HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS HRS Cost HRS LABOR COST RATE $238 $228 $192 $175 $154 $122 $157 $134 $297 $147 $$ 1 TASK 1 PRESIGNS SERVICES
1.1 Project Management and Meetings 218 6 26 $4,568 $4,568
1.2 Topographic Survey 16 40 64 $4,000 120 $24,360 $28,3601.3 Geotechnical Investigation 59 59 $8,945 $8,9451.4 Electrical Investigation 28 28 $4,587 $4,587 2 TASK 2 PRELIMINARY PLANS (20%)
2.1 Project Management and Meetings 618 6 30 $5,520 $5,520
2.2 Preliminary Design Plans 30 120 120 20 40 330 $46,870 $46,870 3 TASK 3 CON DOCS (65% and 95%)
3.1 Project Management, Meetings, & QA/QC 10 24 10 44 $8,150 $8,150
3.2 Construction Plans 40 300 500 550 90 200 2 1,682 $247,344 $247,3443.3 Electrical Design Plan 257 257 $33,195 $33,1953.4 Stormwater Control Plan 2 850 60 $7,976 $7,9763.5 Engineers Estimate of Probable Costs 2 10 60 8 8 88 $11,874 $11,8743.6 Specifications 16 40 24 80 $14,576 $14,5763.7 Art and Park Sign Coordination 20 10 30 $5,070 $5,0703.8 Structural Design (65% and 95%) 33 33 $4,950 $4,950 4 TASK 4 CONSTRUCTION DOCS (BID SET)
4.1 Final Design Package (100%) 2 8 16 4 4 34 $4,992 $4,992
4.2 Bid Support (Phase 1 only) 12 4 4 20 $3,264 $3,264
5 TASK 5 Eng Support During Const (Ph 1 only) 230 18 20 70 $11,062 $11,062 SUB-TOTALS 82 16 518 620 814 202 256 40 66 285 59 33 $4,000 2,991 #REF! $451,303 WALLACE GROUP LABOR COSTS $19,516 $3,072 $90,650 $95,480 $99,308 $31,714 $34,304 $11,880 $9,702 $395,626 WALLACE GROUP DIRECT COSTS $4,000
SUBCONSULTANT DIRECT COSTS $37,782 $8,945 $4,950 $51,677 DIRECT COSTS OVERHEAD @ 15% $8,351.55
TOTAL $459,655
PHASE/TASK
CORNHOLE COURT WITH SEATING
AMPHITHEATRE WITH LOW SEAT WALLS
DOUBLE SIDED BANDSTAND
CONCRETE GAME TABLES (PING-PONG, CHESS)
PARK PLAZA WITH DECORATIVE PAVING PATTERN
FLEXIBLE OPEN SPACE / OVERFLOW GATHERING AREA
SYNTHETIC TURF MOUND FOR PLAY & CONCERT SEATING
SYNTHETIC TURF SLOPE WITH NETS, CLIMBERS AND SLIDES
EXISTING TREES TO REMAIN, TYP.
PICNIC TABLES / SEATING
FLEXIBLE EVENT SPACE & OUTDOOR CLASSROOM
WOOD STAMPED CONCRETE PROMENADE
COLORIZED SAFETY RUBBER WITH OCEAN THEME
PLAYGROUND ENTRY WITH GATED ACCESS
TWINKLE LIGHTING
PROGRAMMABLE FITNESS AREA (EXCERCISE CLASSES)
SHADED FITNESS EQUIPMENT, TYP.
CURVILINEAR WOOD BENCH SEATING UNDER OAKS
COVERED TRASH ENCLOSURE
GATED ENTRY WITH OVERHEAD STRUCTURE
PLAYGROUND FENCING ADJACENT TO STREET
DROP-OFF & FOOD TRUCK AREA DURING EVENTS
OPTIONAL POP-UP TENT AREA
OPPORTUNITY FOR MURAL LOCATION
MARY LEE CLARK QUOTE EMBEDDED IN PAVING
ALL ABILITIES PLAY FEATURES
STORMWATER TREATMENT AREA WITH DECORATIVE COBBLE
REFLECTIVE ART PIECE & PHOTO OPPORTUNITY
STABILIZED DECOMPOSED GRANITE, TYP.
DROUGHT TOLERANT PLANTING, TYP.
PARK ENTRY SIGN LOCATION
SITE WALL WITH COLORFUL TILE MOSAIC
NEW RESTROOMS WITH STORAGE OPPORTUNITY
QUARTER MILE WALKING LOOP
4 1
5 2
6 3
7 8
9 10
12 11
13 14
15 16
17 18
19 20
21 22
23 24
29 26
25 30
31 32
33 34
35 36
37 38
39 40
41 42
27 28
LIBRARY PARKING PLAZA WITH DECORATIVE PAVING
MULCH WITH CONCRETE BANDING UNDER OAKS
HEAD-IN PARKING
CORNER ENTRY MEMORIAL PLAZA
EXISTING HEAD-IN PARKING, TYP.
DESIGN KEY
N. 10TH STREET
N. 9TH STREET
LIBRARY
COMMUNITY
CENTER
RAMONA GARDEN PARK - FINAL MASTER PLAN
GROVER BEACH, CA.
0’ 16’8’ 32’ 64’
SCALE 1” = 16’ NOVEMBER 2020
FLEXIBLE SPACE / CONCERT DANCE FLOOR
COMMUNITY CENTER PATIO EXTENSION
MOVEABLE BARBECUE
Attachment 2
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 9, 2022
FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: Award of Construction Contract in the Amount of $196,371 for Sidewalk Infill Project (CIP 2274)
RECOMMENDATION
Award the contract for construction of CIP 2274 Sidewalk Infill Project to Brough Construction Inc., in the amount of $196,371 for the Base Bid; authorize the City Manager to sign and affirm construction and construction management change orders up to $33,629; and authorize the Mayor to execute the contract on behalf of the City.
BACKGROUND
The Council Goal of “Pedestrian, Bicycle, and Traffic Safety” provides direction to continue efforts to make Grover Beach more pedestrian and bicycle friendly by adding and/or enhancing bicycle lanes, sidewalks, streetlights, street and crosswalk striping and other traffic calming and safety measures. As part of the Capital Improvement Program (CIP) update on October 12, 2021, Council provided direction to proceed with the design and construction of a sidewalk infill project consistent with the Priority 1 areas set by Council (CIP 2274). The sidewalk infill project includes a portion of sidewalk on a major street on S. 4th Street at Trouville Avenue and streets near schools on S. 10th Street from Long Branch Avenue to Rockaway Avenue, and a portion of N. 9th Street at Saratoga Avenue. The Council also provided direction to consider design of sidewalk infill on the northeast corner of Mentone Avenue and South 16th Street. However, this location has a power pole and fire hydrant to work around and would have incurred additional design costs along with significant construction costs and thus was not included in this set of infill areas.
The City received six bids for this work ranging from $196,371 to $269,485, as shown in Attachment 1, compared with the Engineer’s Estimate of approximately $200,000. The lowest responsive and responsible bidder is Brough Construction Inc., from Arroyo Grande, with a bid of $196,371. Staff has completed a review of Brough Construction Inc.’s, qualifications and capability to complete the project and is recommending the Council award the construction contract to the firm.
FISCAL IMPACT
This project is funded in the FY 2021-22 CIP through the General Fund. The total possible construction cost of $230,000 (lowest bid plus contingency and construction management fees for a total of $230,000) exceeds the project budget by $51,000, however there is available cost savings in this year’s CIP so there is no additional cost to the City. Staff is recommending the Council award to Brough Construction, Inc., in the amount of $196,371 and authorize the City Staff Report: Award of Construction Contract CIP 2274 Sidewalk Infill Page 2 May 9, 2022
Manager to approve construction contract and construction management change orders, if necessary, up to $33,629.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Award the contract for construction of CIP 2274 Sidewalk Infill to Brough Construction Inc., in the amount of $196,371 for the Base Bid; authorize the City Manager to sign and affirm construction and construction management change orders up to $33,629; and authorize the Mayor to execute the contract on behalf of the City; or
2. Delay award of the project and provide additional direction to staff; or
3. Reject all bids, modify the project, and re-advertise for bids as soon as possible.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Bid results
Bid Opening Date: Wednesday, April 20, 2022 @ 2:00 p.m.
Bids for: Sidewalk Infill Project CIP 2274
Sealed Bids Received from:
No. Company Name & Address Total Base Bid
(Page 7)
1 G. SOSA CONSTRUCTION INC. P.O. BOX 2367 Nipomo, CA 93444 $213,213.00 2 THE J.F. WILL COMPANY INC. 2640 Industrial Parkway #100 Santa Maria, CA 93455 $243,485.00
3 JJ FISHER CONSTRUCTION, INC. P.O. BOX 2219 Nipomo, CA 93444 $223,471.35 4 F. LODUCA CO. P.O. BOX 690111 Stockton, CA 95269 $245,415.00 5 R. BURKE CORPORATION P.O. BOX 957 San Luis Obispo, CA 93406 $269,485.00 6 BROUGH CONTSTRUCTION INC. 634 Printz Rd. Arroyo Grande, CA 93420 $196,371.00 7 *Bid results are subject to verification by engineering.
City of Grover Beach Bid Opening Results
4/20/2022 1 of 1
Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 9, 2022
FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Introduction and First Reading of an Ordinance Amending Chapter 2 (Council Compensation) of Article II (Administration) of the Grover Beach Municipal Code
RECOMMENDATION
Introduce and conduct the first reading, by title only, an Ordinance to amend Chapter 2 of Article II (Administration) of the Grover Beach Municipal Code (GBMC) regarding Council Compensation and schedule the second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting.
BACKGROUND:
At the April 11, 2022 Council meeting, Council Member Miller requested scheduling an agenda item to consider increasing the compensation received by the Council given increases in cost of living. The Council concurred with this request and provided direction to staff to schedule this item for an upcoming meeting. The current compensation of $600 per month for Council Members and $750 per month for the directly-elected Mayor was approved on December 4, 2017 and became effective in December 2018 following the November 2018 election. Previously, Council compensation had not been adjusted since 1986 and was the lowest level among the seven cities in San Luis Obispo County.
At the April 25, 2022 Council meeting, the Council received a report on Council compensation including the relevant legal requirements shown in Attachment 1 along with stipends, insurance benefits and equipment allowances for the other cities in the county. As shown in Attachment 2, the report indicated that Council stipends in Grover Beach are currently on the lower end compared to other cities in the county and that Grover Beach is the only city in the county that does not offer any health insurance benefits to Council Members. The Council directed staff to draft an ordinance to increase Council stipends by the maximum allowable amount of 20% (5% for each of four years since the last increase became effective) and to bring back an agenda item for further deliberation of providing health insurance benefits to the Council.
The attached Ordinance (Attachment 3) amends the Grover Beach Municipal Code (GBMC) to increase Council member stipends by 20% to $720 per month and to increase the Mayor’s stipend by 20% to $900 per month, effective in December 2022 following the November 2022 election.
Staff will return to the Council at an upcoming meeting with an item regarding recommendations for providing health insurance benefits to Council Members.
Staff Report: Introduction and First Reading of an Ordinance Amending Chapter 2 (Council Compensation) of Article II (Administration) of the Grover Beach Municipal Code Page 2 May 9, 2022
FISCAL IMPACT
There is no fiscal impact associated with this item. Adoption of the Ordinance amending the GBMC to increase Council compensation would result in an annual cost increase of $7,560 with a prorated amount of $4,410 for FY 2022-23. This cost increase would be absorbed in the operating budget.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Introduce and conduct the first reading, by title only, the Ordinance to amend Chapter 2 of Article II (Administration) of the Grover Beach Municipal Code (GBMC) regarding Council compensation and schedule the 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. Legal References (Grover Beach Municipal Code and Government Code)
2. San Luis Obispo County Council Compensation Comparisons
3. Ordinance Amending Chapter 2 of Article II (Administration) of the Grover Beach Municipal Code to Increase Council Compensation
Compensation for Council Members
Grover Beach Municipal Code Sec. 2201. Compensation of Council Members. Each member of the Council shall receive, as salary, the sum of six hundred dollars ($600) per month and, pursuant to Government Code section 36516.1, as may be amended from time to time, the directly elected Mayor shall receive, as salary, seven hundred and fifty dollars ($750) per month. (Ord. No. 22; Am. Ord. 75-11; Ord. 86-2; Am. Ord. 17-08) Government Code Sec. 36516.
(a) (1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including three hundred dollars ($300) per month.
(B) In cities over 35,000 up to and including 50,000 in population, up to and including four hundred dollars ($400) per month.
(C) In cities over 50,000 up to and including 75,000 in population, up to and including five hundred dollars ($500) per month.
(D) In cities over 75,000 up to and including 150,000 in population, up to and including six hundred dollars ($600) per month.
(E) In cities over 150,000 up to and including 250,000 in population, up to and including eight hundred dollars ($800) per month.
(F) In cities over 250,000 population, up to and including one thousand dollars ($1,000) per month.
(3) For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b) Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, Attachment 1
committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees. (e) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f) A city council member may waive any or all of the compensation permitted by this section. (Amended by Stats. 2009, Ch. 332, Sec. 68. Effective January 1, 2010.) Government Code Sec. 36516.1.
A mayor elected pursuant to Sections 34900 to 34904, inclusive, may be provided with compensation in addition to that which he or she receives as a council member. That additional compensation may be provided by an ordinance adopted by the city council or by a majority vote of the electors voting on the proposition at a municipal election.
Government Code Sec. 36516.5.
A change in compensation does not apply to a councilman during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of his beginning a new term of office. (Added by Stats. 1966, 1st Ex. Sess., Ch. 12.)
Political Reform Act
Government Code Sec. 87100.
No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.
Government Code Sec. 87103.
A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following:
(a) Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more.
(b) Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more.
(c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made.
(d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.
(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503.
For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater. (Amended by Stats. 2000, Ch. 130, Sec. 7. Effective January 1, 2001. Note: This section was added on June 4, 1974 by Initiative Prop. 9.)
City Council Compensation Comparisons
City Council Stipends
City Council Stipends
City Council Member Mayor
Arroyo Grande $648 $798
Atascadero $600 $750
Grover Beach $600 $750
Morro Bay $1,000* $1,400*
Paso Robles $600 $800
Pismo Beach $772 $1,072
San Luis Obispo $2,139 $2,696
City Council Insurance Benefits
City Council Insurance Benefits
City Medical Dental Vision Life
Arroyo Grande X X X 0
Atascadero X X X X
Grover Beach 0 0 0 0
Morro Bay X X X X
Paso Robles X X X 0
Pismo Beach X X X X
San Luis Obispo X X X X
0 – Not offered
X – Offered
City Council Equipment
City Council Equipment
City Tablet Cell Phone Internet Overall Stipend
Arroyo Grande 0 0 0 0
Atascadero 0 0 0 0
Grover Beach 0 0 0 0
Morro Bay 0 0 0 0
Paso Robles 0 0 0 0
Pismo Beach 0 S S S
San Luis Obispo 0 X S S
0 – no compensation
X – Device provided directly to elected official
S – Stipend or reimbursement provided to elected official Attachment 2
ORDINANCE 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA AMENDING CHAPTER 2 (COUNCIL
COMPENSATION) OF ARTICLE II (ADMINISTRATION)
WHEREAS, Grover Beach Municipal Code Section 2201 provides that each Council Member shall receive $600 per month as a salary and the Mayor shall receive $750 per month as a salary; and
WHERAS, members of City Council of the City of Grover Beach (“City”) have not had an increase in salary since December 2018; and
WHEREAS, California Government Code section 36516 provides that the Council Members may increase their salaries by an ordinance in an amount not to exceed 5 percent for each calendar year from the operative date of the last increase; WHEREAS, Council Members are entitled under the Government Code to approved a salary increase consistent with Government Code Section 36516 without constituting a conflict of interest.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
PART 1: Chapter 2 (Compensation), Section 2201 of Article II (Administration) of the Grover Beach Municipal Code is hereby amended to read as follows:
Sec. 2201. Compensation of Counsel Members. Each member of the Council shall receive, as a salary, the sum of seven hundred twenty dollars ($720) per month and, pursuant to Government Code section 36516.1 , as may be amended from time to time, the directly elected Mayor shall receive, as a salary, nine hundred dollars ($900) per month.
PART 2: Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be in violation of the law, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared in violation of the law.
PART 3: 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, the increase in compensation shall become effective after the November 2022 General Municipal Election and when any member of Council commences their new term of office, and 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.
Attachment 3
Ordinance No. 22-__ Page 2
INTRODUCED at a regular meeting of the City Council held ________ and PASSED, APPROVED, and ADOPTED by the City Council on __________, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
APPROVED:
__________________________
JEFF LEE, MAYOR
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: May 9, 2022
FROM: Matthew Bronson, City Manager
PREPARED BY: John Peters, Chief of Police
Bruce Buckingham, Community Development Director
A. Rafael Castillo, AICP, Senior Planner
David Hale, City Attorney
SUBJECT: Introduction, First Reading, and Public Hearing of an Ordinance to Amend the Grover Beach Municipal Code Article III (Public Welfare, Morals & Conduct), Chapter 18 (Commercial Cannabis Activity) to Allow for Onsite Cannabis Consumption Areas
RECOMMENDATION
Introduce and conduct a public hearing and first reading, by title only, an Ordinance amending the Grover Beach Municipal Code (GBMC) Article III (Public Welfare, Morals & Conduct), Chapter 18 (Commercial Cannabis Activity) to allow for onsite cannabis consumption areas and schedule the second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting.
BACKGROUND
On May 10, 2021, the Council received an update on several policy issues related to the commercial cannabis industry including consideration of onsite consumption at existing retail sites in the City, following requests from existing retailers. The Council expressed interest in allowing existing cannabis retailers to operate onsite cannabis consumption areas and directed staff to return with additional information. In response to this interest, staff identified several policy and regulatory issues for Council input and policy direction.
Staff returned to the Council on January 10, 2022 and received input and direction regarding the allowance of on-site cannabis consumption areas, tax collection, and other clean-up items from a proposed ordinance amendment. Since that meeting, the California Department of Cannabis Control (DCC) has release draft rules and regulations and adopted other regulations and definitions necessitating an update of definitions and other areas of the existing commercial cannabis activities ordinance. The proposed ordinance amendments are discussed below.
Chapter 18 – Commercial Cannabis Activity
The sections proposed to be updated to Article III, Chapter 18 are provided by section number with a brief description of the proposed amendment. The ordinance also contains minor edits for consistency and grammatical purposes. Below is a summary of these proposed amendments:
Section 4000.20. Definitions
This section is amended to add new provisions to allow on-site consumption areas within the existing retail spaces. Other amendments provide definitions for premise, permittee, and other terms utilized in the implementation of the ordinance, in addition to alignment of new rules and Attachment 1 was Amended to include Section 4000.70 & 4000.160 which were omitted from the title and to correctly number/lettering of Section 4000.51.
Staff Report: Amendments to Commercial Cannabis Ordinance for Onsite Consumption Page 2 May 9, 2022
regulations by the State that further define the processes for infusion, selling, and self-service display. These definitions have been updated for purposes of consistency with State law.
Section 4000.30. Cannabis activity prohibited in any zone other than authorized in Chapter 4 of Article IX of the Grover Beach Municipal Code and personal possession and cultivation This section is amended to clarify that the use of “hoop houses” and other temporary growing structures are not permitted for personal cannabis cultivation on residential properties, as the City Council has previously provided direction that outdoor cultivation is prohibited for personal use.
Section 4000.40. License and Permits
Based on direction from the Council, the proposed amendment to this section would establish July 1 of each year as the annual date for renewing commercial cannabis permits rather than the renewal date being set on the date the permittee received their initial commercial cannabis permit.
This would assist businesses and staff by creating an annual date which is more easily tracked and coincides with the annual payment of the cannabis regulatory fee.
Section 4000.50. Security Measures
Proposed amendments include clarification that the Police Chief will manage and execute security measures, which is currently managed by the City Manager. This proposed amendment allows for the Police Chief to execute these measures as they are more familiar with day-to-day operations. Additional language is added to regulate self-service kiosks and prohibit firearms on premises.
Section 4000.51. Cannabis Consumption Areas.
Based on Council direction, this proposed new section addresses the ability for the four existing cannabis retailers to allow for ancillary, onsite consumption areas where customers can purchase and consume cannabis products. Proposed regulations include:
• Must be connected to or within an existing retail space. • Prohibition of the sale and consumption of alcohol.
• Consumption area to close to new customers one hour prior to close, with consumption to cease 30 minutes before close (similar to a last call). • Consumption area access is restricted to 21 years of age or older, no exceptions. • Retailers cannot force an employee to enter any designated “smoking areas” as a condition of their employment.
• Retailers are to make arrangements for safe transportation for intoxicated customers. • Retailers must comply with California retail food code for pre-packaged food items. • Retailers are required to ensure employees are trained and identify impairment in customers, or when a customer has consumed too much and establish procedures on ensuring safe transport.
Section 4000.52. Cannabis Consumption Areas Building and Construction Standards.
This section establishes standards for the construction of cannabis consumption areas including requirements for ventilation systems, separation of retail and consumption spaces, and regulations for the operation of outdoor consumption areas. Proposed standards include:
• Separate ventilation systems to ensure air is not re-circulated into other retail areas • Air must be directly exhausted to the outside and utilize a filtration system that eliminates odor and smoke.
• Consumption areas must be completely separated from the remainder of the retail areas through, walls, doors, etc.
Staff Report: Amendments to Commercial Cannabis Ordinance for Onsite Consumption Page 3 May 9, 2022
• Outdoor consumption area performance standards including outdoor ventilation systems and must not be visible from the public right of way.
Section 4000.53. Cannabis Special Events Permit
The currently operating retailers have held various small events including anniversaries, sales, and other small on-site events that are limited to an issuance of a Temporary Use Permit. The State has recently finalized regulations to allow “special events” through special state licenses where people can sell and consume cannabis onsite. A Commercial Cannabis Event organizer license is required to be issued by the State. The existing retailers have inquired about holding such events over a 1-2 day period which is currently not permitted in the ordinance. The proposed amendment would allow such events to take place, on private property, with additional regulations regarding security, and other review protocols similar to the existing special event permit.
Section 4000.200. Operating Requirements for All Commercial Cannabis Uses.
Amendments to this section provide for consistency with proposed onsite consumption areas.
Other amendments to this section include alignment of permit renewal requirements.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Introduce and conduct first reading, by title only, an Ordinance amending the Grover Beach Municipal Code (GBMC) Article III (Public Welfare, Morals & Conduct), Chapter 18 (Commercial Cannabis Activity) to allow for onsite cannabis consumption areas and schedule the second reading and adoption of the Ordinance at the next regularly scheduled City Council meeting.; or
2. Provide direction for additional language, if necessary, for the Commercial Cannabis Activity Ordinance; or
3. Provide alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act and a notice was advertised in the New Times on April 28, 2022. In addition, a notice was sent to all property owners within 300 feet of the four retailers given the Council’s direction to provide additional notice beyond what is required for ordinances.
Attachments
1. Ordinance
2. Correspondence
ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH AMENDING CHAPTER 18, ARTICLE III OF THE GROVER BEACH MUNICIPAL CODE AMENDING SECTION 4000.20, SECTION 4000.30, SUBSECTION (A) OF SECTION 4000.40, SUBSECTION (A) AND SUBSECTION (D) OF SECTION 4000.50, SUBSECTION (A) OF SECTION 4000.60, SECTION 4000.70, SECTION 4000.160, SUBSECTION (A), (E), (I) OF SECTION 4000.200, AND ADDING NEW SECTIONS 4000.51, 4000.52, AND 4000.53 TO MAKE REVISIONS
CONSISTENT WITH RECENT STATE LAW CHANGES AND ENACT
REGULATIONS REGARDING ON-SITE CONSUMPTION AREAS AND SPECIAL COMMERICAL CANNABIS EVENTS.
WHEREAS, the City of Grover Beach is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, the public morals or public safety; and
WHEREAS, comprehensive zoning regulations and regulations upon the use of land, businesses and property lie within the City’s police power; and WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. Sections 801 et seq. classifies marijuana as a Schedule 1 Drug and makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute, dispense, or possess with intent to manufacture, distribute or dispense, marijuana (cannabis); and
WHEREAS, the Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation or possession of cannabis for medicinal purposes or otherwise; and
WHEREAS, notwithstanding federal law, in 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code Section 11362.5 and titled the “Compassionate Use Act of 1996"), the intent of Proposition 215 being to enable persons who are in need of marijuana for medical purposes to be able to obtain and use it without fear of state criminal prosecution under limited, specified circumstances; and WHEREAS, in 2004, Senate Bill 420 was enacted (codified as California Health and Safety Code Section 11362.7 et seq. and titled the “Medical Marijuana Program Act” to clarify the scope of the Compassionate Use Act of 1996 (“CUA”); and WHEREAS, the Medical Marijuana Program Act (“MMPA”) promulgates rules wherein counties and cities can adopt and enforce rules and regulations consistent with its provisions; and WHEREAS, in 2011, Assembly Bill 2650 was enacted (codified as California Health and Safety Code Section 11362.768) affirming that counties and cities can under state law adopt ordinances that control and restrict the location and establishment of a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider; and Amended to include Section 4000.70 & 4000.160 which were omitted from the title and to correctly number/lettering of Section 4000.51.
Attachment 1
Ordinance No. 22-__ Page 2
WHEREAS, in 2015, California enacted three bills – Assembly Bill 243; Assembly Bill 266; and Senate bill 643 – that collectively established a comprehensive state regulatory framework for the licensing and enforcement of cultivation, manufacturing, retail sales, transportation, storage, delivery, and testing of medicinal cannabis in California. This regulatory scheme was known as the Medical Cannabis Regulation and Safety Act (MCRSA); and WHEREAS, In November, 2016, Proposition 64 was enacted and entitled “The Adult Use of Marijuana Act” (“AUMA”) (codified as amendments to California Health and Safety Code, Business and Professions Code, Revenue and Taxation Code and Food and Agricultural Code).
The intent of Proposition 64 being to establish a comprehensive system to decriminalize, control and regulate the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana, as well as other marijuana related activities; and
WHEREAS, June 27, 2017, the State Legislature adopted the State Budget along with a number of trailer bills including Senate Bill no. 94 which enacted “The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This bill repealed MCRSA and included certain provisions of MCRSA in the licensing provisions of AUMA. Under this bill, these consolidated provisions make up the MAUCRSA and includes the regulations for both medical and nonmedical cannabis uses; and
WHEREAS, Sections 26054 and 26200 of the California Business and Professions Code establishes regulations for setback requirements for Commercial Cannabis Activity consistent with local regulations and again affirming that counties and cities can under state law adopt ordinances that control, restrict or ban the location and establishment of any Commercial Cannabis Activity licensed under MAUCRSA; and
WHEREAS, the California Supreme Court held in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, 753 (“Inland Empire”) that the objectives of the CUA and MMPA were modest and that those acts did not create a broad right to access medical marijuana, and Inland Empire goes on to provide that neither the CUA nor the MMPA “expressly or impliedly preempts the authority of California cities and counties, under their traditional land use and police powers, to allow, restrict, limit, or entirely exclude” the distribution of medical marijuana. (Id. At p. 762.); and
WHEREAS, the Court of Appeal, Third Appellate District, held in James Maral, et al. v.
City of Live Oak (2013) 221 Cal.App.4th 975, that the reasoning of Inland Empire applies to the cultivation of medical marijuana as well as its distribution, as both are addressed in the CUA and the MMPA; and
WHEREAS, with limited exceptions, neither the Compassionate Use Act (CUA), the Medical Marijuana Program Act (MMPA), the Medical Cannabis Regulation and Safety Act (MCRSA), the Adult Use of Marijuana Act (AUMA) or the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) require or impose an affirmative duty or mandate upon local governments to allow, authorize or sanction the establishment and the operation of facilities for distribution, cultivation, manufacturing or processing medical or non-medical marijuana within its jurisdiction, and
Ordinance No. 22-__ Page 3
WHEREAS, notwithstanding the comprehensive nature of both the Adult Use of Marijuana Act and the Medicinal and Adult-Use Cannabis Regulation and Safety Act, both Acts under state law protect the ability of local entities to maintain reasonable control over medical and nonmedical marijuana activities; and WHEREAS, the City Council desires to establish reasonable land use controls and reasonable regulations on the operation of cannabis related businesses and personal use which are intended to operate in conjunction with the City of Grover Beach Development Code’s land use regulation and which are intended to address the negative impacts and nuisance impacts of cannabis-related businesses and use; and
WHEREAS, mindful of the fact that marijuana possession and use is prohibited under federal law and partially decriminalized under state law, it is the Council’s intention that nothing in this ordinance shall be construed, in anyway, to expand the rights of anyone to use or possess marijuana under state law; engage in any public nuisance; violate federal law, or engage in any activity in relation to the cultivation, distribution, testing or consumption of cannabis that is otherwise illegal. It is further the intent of the City Council of the City of Grover Beach to maintain local control over these matters to the fullest extent permitted by law; and
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
PART 1. Section 4000.20 of Chapter 18, Article III of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.20. Definitions. When used in this Chapter, the following words shall have the meanings ascribed to them in this section. Any reference to California statutes includes any regulations establishedthereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(A) "Accrediting body" means a nonprofit organization that requires conformation to ISO/IEC 17025 requirements and is a signatory to the International Laboratory Accreditation Cooperative Mutual Recognition Arrangement for Testing. (B) "Applicant" for purposes of this ordinance means an Owner applying for or renewing a localCommercial Cannabis Permit.
(C) "Branded merchandise" means clothing, hats, pencils, pens, keychains, mugs, water bottles, beverage glasses, notepads, lanyards, cannabis accessories, or other types of merchandise approved by the Bureau with the name or logo of a commercial cannabis business licensed pursuant to the Act. Brandedmerchandise does not include items containing cannabis or any items that are considered food as defined by Health and Safety Code section 109935. (D) "Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 1407 of the Statues of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacturing, salt, derivative, mixture, or preparation of the mature stalks (except Ordinance No. 22-__ Page 4
the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp as that term is defined in Section 11018.5 of the California Health and Safety Code. (E) "Cannabis accessories" as defined in Health and Safety Code section 11018.2. means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing-compounding, converting, producing, processing, preparing, testing, analyzing, packaging-repackaging,storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
(F) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.
(G) “Cannabis Consumption Business Permit” means an annual permit issued by the City of Grover Beach to a Permittee allowing for the consumption of cannabis and cannabis products in a designated consumption area located on a state and locally licensed type 10 (Retail) or type 12 (Microbusiness) premise.
(H) Cannabis Product" as used in this Chapter means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, edible, topical or other product containing cannabis or concentrate cannabis and other ingredients. (I) "Certificate of Accreditation" means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state and permitted by the City. (J) "CommercialCannabis Activity" or "Commercial Cannabis Use" includes cultivation, nursery, possession, manufacture (Level one and two), processing, storing, laboratory testing, labeling, retailers andmicrobusinesses including wholesale and retail sale of cannabis or a cannabis product or an ancillary consumption area located on a retail or microbusiness premise distribution, transportation and approved licenses enumerated and defined within Division 10. Chapter 1 (commencing with Section 26000) of the California Business and Professions Code, and ultimately issued a "A-Type" or "M-Type" license consistent with Section 26050 (b) of the California Business and Professions Code, as amended. (K) Commercial Cannabis Business" means any business or operation which engages in Commercial Cannabis Activity.
(L) "Commercial Cannabis Permit or Permit" means a permit issued by the City of Grover Beachpursuant to this Chapter to a Commercial Cannabis Business that authorizes a Person to conduct Commercial Cannabis Activity within the City.
(M) Cannabis Consumption Permit” means a Cannabis Consumption Business Permit or a Cannabis Consumption Special Event Permit.
(N) Cannabis Consumption Special Event Permit” means a permit issued by the City Manager to a Permittee or entity allowing for the consumption of cannabis or cannabis products during a Special Event, as defined in Article III of the Grover Beach Municipal Code, or during any event in which a Designated Cannabis Consumption Area may be temporarily located on private property.
(O) “Consuming” or “Consumption” means smoking, vaping, eating, drinking, chewing, applying topically or otherwise ingesting.
Ordinance No. 22-__ Page 5
(P) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (Q) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, that holds a validstate license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).
(R) Customer” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time. (S) "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.
(T) “Designated Cannabis Consumption Area” means a designated area on the premises of a Cannabis retailer or microbusiness where customers may smoke or consume cannabis.
(U) “Designated Cannabis Consumption Area Ventilation System” means a ventilation system capable of removing all detectable odors, smoke and by-products of combustion.
(V) Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a licensed retailer (State license Type 10) or a microbusiness with a retail use. (State license type 12).
(W) "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between entities licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act or as amended.
(X) "Distributor" means a Person licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer or microbusiness.
(Y) "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.
(Z) "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the CaliforniaHealth and Safety Code. (AA) Firearm” means any device as defined in California Penal Code 16520, as may be amended from time to time.
(BB) Good Cause" for purposes of refusing or denying an initial application for a Commercial Cannabis Permit, for suspending or revoking a Commercial Cannabis Permit, or for refusing or denying renewal or reinstatement of a Permit, or for Rating Applicants for purposes of issuance of a Permit means:
(1) The Applicant has violated any of the terms, conditions or provisions of this Chapter, of State Law, or any regulations and rules established pursuant to State Law, any applicable rules and regulations, or any special terms or conditions placed upon its Use Permit, State License or Local Permit; (2) Failure to provide information required by the City of Grover Beach; (3) The Permitted Premises have been operated in a manner that adversely affects Ordinance No. 22-__ Page 6
the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment islocated;
(4) The Applicant has knowingly made false or misleading statements, misrepresentations or material omissions as part of an interview process, on an application form to request issuance of a Permit or renewal form, or any other document submitted to the City;
(5) The Commercial Cannabis Business is not created, organized or operated in strict compliance with all applicable laws and regulations; (6) The Applicant fails to meet the requirements of this Chapter, or the conditions of the Use Permit;
(7) The operation of the proposed Commercial Cannabis Business at the proposed location is prohibited by a state or local law or regulation; (8) The City Manager Council has found consistent with Section 4000.160 that the Applicant's criminal history reflects a conviction of an offense that is substantially related to the qualifications, functions or duties of the business or profession for which the application is made and has found the Applicant is not suitable for issuance of a Permit;
(9) The Applicant was found to have a felony or misdemeanor conviction involving fraud, deceit, embezzlement, dishonesty, violent behavior, moral turpitude or has committed crimes serving as a basis for denial of a Permit consistent with Section 4000.160. A conviction within the meaning of this section means a plea or a guilty verdict, a conviction or diversion following a plea of nolo contendere or a conviction later expunged by the court; (10) The Applicant was found to have a felony or misdemeanor conviction for hiring, employing, or using a minor in transportation, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
(11) The Applicant was found to have a felony or misdemeanor conviction for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health and Safety code.
(12) The Applicant is employing or being financed in whole or in part by any Person whose criminal history indicates that Person would not be issued a Permit consistent with Section 4000.160 of this Chapter; (13) The Applicant or their employees fail to allow inspection of the business facilities, security recordings, activity logs, or business records of the Permitted Premise by City Officials;
(14) The Applicant's business is owned by, or has an officer or director who is a licensed physician making recommendations for Medical Cannabis; (15) The Applicant has had a local Permit or State Cannabis License revoked or has had more than one suspension on its local Permit by the City; or (16) The Applicant operated or is operating a Commercial Cannabis Business in violation of Section 4000.40 of this Chapter;
(17) The Applicant or the operator listed in the application is less than twenty-one (21) years of age.
(CC) Hoop House” means the use of a structure with structural members that are made of flexible and somewhat rigid construction materials, typically PVC pipe or similar material. The ends may be covered or left open and the material covering the structural Ordinance No. 22-__ Page 7
members is readily removable and is typically removed and re-affixed frequently. (DD) "Greenhouse" means a structure with walls and roof made primarily of transparent material,suchas glass, in which plants requiring regulated climatic conditions are grown. (EE) “Infuse” means a process by which cannabis, cannabinoids, or cannabis concentrates are directly incorporated into a consumable product or incorporated into a product formulation to produce a cannabis product.
(FF) “Intoxicated” means someone who under the influence of alcohol or drug(s) as defined in California Penal Code Section 647(f) and as amended from time to time. (GG) License" means the issuing of a license by the State of California, or one of its departments or divisions, under the Medicinal and Adult-Use Cannabis Regulation and Safety Act to engage in Commercial Cannabis Activity.
(HH) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (II) "Manufacturer" means a Person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as defined in this section, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed locationthat packages or repackages cannabis or cannabis products or labels or relabels its container, that holds a valid state license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.
(JJ) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application. (KK) "Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means ofchemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operatedby a Person issued a license by the State of California, or one of its departments or divisions, for these activities. (KK) "Medical cannabis", "medical cannabis product," or "cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-to-time). For purposes of this Chapter, "medical cannabis" does not include industrial hemp asdefined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. (LL) (LL) "Microbusiness" (State license Type 12) shall mean a use for the cultivation of cannabis on anarea less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer under state and local law, or any combination of at least three (3) uses listed herein provided such licenseecan demonstrate compliance with all requirements imposed by the Medicinal and Adult-Use Cannabis Regulation and Safety Act on licensed cultivators, distributors Level 1 manufacturers. and retailers to the extent the licensee engages in such activities. A consumption area may be permitted as an ancillary use to retailer in connection to the microbusiness, on the same premise. (MM) "Mixed-Light Building" shall mean the cultivation of cannabis using light deprivation and/or artificial lighting below a rate of 25 watts per square foot. (NN) (NN) "Moral Turpitude," crimes are defined as acts of baseness, vileness or depravity in the private and social duties, they are contrary to the accepted and customary rule of moral, right and duty between people. Crimes involving moral turpitude require the criminal intent of Ordinance No. 22-__ Page 8
the offender to cause great bodily injury, defraud, deceive, deprive an owner of property, or to act in a lewd manner or with recklessness.
(OO) "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(PP) "Owner" means any of the following:
(1) Owner or owners of a proposed facility, includes all Persons or entities having ownership interest of 5 percent or more, other than a security interest, lien, or encumbrance on property that will be used by the facility. (2) If the owner is an entity, "owner" includes within the entity each Person participating in the direction, control, or management of, or having a financial interest in the proposed facility.
(3) If the applicant is a publicly traded company, "owner" means the chief executive officer or any Person or entity with an aggregate ownership interest of 5 percent or more.
(4) Owner will also include any consultants, agents, or contractors hired for the purpose of assisting in the preparation and submittal of an application for a Commercial Cannabis Permit or in the operations and management of a Commercial Cannabis Business.
(QQ) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.
(RR) Permittee” means any person or business to whom a Cannabis Regulatory Permit is issued under this article and any authorized agent, employee or designee of such person or business.
(SS) “Premises” has the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time. (TT) “Preparing” or “Preparation” means the heating, re-heating, or serving of cannabis products.
(UU) "Promotional materials" means any form, letter, circular, pamphlet, publication, or other written material directed to a customer or prospective customer to induce retail sales.
Promotional material does not include permitted signs, displays, decorations, cannabis accessories, or cannabis goods furnished by a licensed cultivator, licensed manufacturer, licensed distributor, licensed microbusiness, or licensed cannabis event organizer to a retail licensee for advertising purposes. Promotional materials shall have no intrinsic or secondary value.
(VV) "Rating" means a process wherein the City Council considers numerous applications for a Commercial Cannabis Permit that are greater than the number of permits allocated or authorized by ordinance. The City will implement a process as established by Council wherein they rate the applicants based upon information submitted by the applicant, criminal history defined as a component of Good Cause, and oral interviews. Staff will rate the applicants and submit recommendations to Council for consideration. Council may use their sole discretion in using the information submitted by staff or other factors in considering issuance of permits when the applications are greater in number than the number of allowable permits by ordinance.
Wherein a total number of Commercial Cannabis Permits are established by ordinance, nothing Ordinance No. 22-__ Page 9
in this section nor in Section 4.10.045 of the Grover Beach Municipal Code obligates the Council to issue the total number of authorized permits. Council at their discretion may issue any number of permits up to the maximum number of permits authorized by ordinance. (WW) "Retailer" (State license Type 10) means a use for the retail sale and delivery of cannabis or cannabis products to customers. This use is for operations within a fixed location and may consist of a facility open to the general public or may be for delivery only with a facility. A consumption area may be permitted as an ancillary use in connection with the retailer, on the same premise.
(XX) “Self-Service Display” means the open display or storage of cannabis or cannabis products or accessories in a manner that is accessible to customers other than with the assistance of the Cannabis retailer or an employee of the Cannabis retailer. A vending machine, refrigerator and storage cabinet are forms of Self-Service Displays. (YY) “Sell”, “Sale” and “to sell” have the meaning set forth in Section 26001 of the California Business and Professions Code, as may be amended from time to time. (ZZ) “Smoke” or “Smoking” has the meaning set forth in Section 11362.3 of the California Health and Safety Code, as may be amended from time to time. (AAA) "Stacking" means the practice of growing marijuana plants on platforms or tables and stacking them in multiple layers on top of each other.
(BBB) "State License" or "license" means a state license issued pursuant to the Medicinal and Adult- Use Cannabis Regulation and Safety Act.
(CCC) "Testing Laboratory" means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1) Holds a valid Certificate of Accreditation by an Accrediting Body that is independent from all other Persons involved in the cannabis industry in the state.
(2) Registered with the State Department of Public Health. (DDD) "Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
(EEE) "Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting Commercial Cannabis Activity authorized by the Medicinal and AdultUse Cannabis Regulation and Safety Act. (FFF) "Transporter" means a Person issued a state license by the State of California, or one of its departments or divisions, to transport cannabis or cannabis products in an amount above a threshold determined by the State of California, or one of its departments or divisions, that have been issued a Statelicense pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act. (Ord. 17-06; Am. Ord. 17-10; Am. Ord. 18-03; Am. Ord. 18-05; Am. Ord. 19-06) PART 2. Section 4000.30 of Chapter 18, Article III of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.30. Cannabis Activity prohibited in any zone other than authorized in Chapter 4 of ArticleIX of the Grover Beach Municipal Code and personal possession and cultivation. (A) Notwithstanding anything to the contrary contained in the Grover Beach City Municipal Code, Commercial Cannabis Activity shall not be a permitted use in any zone of the city other Ordinance No. 22-__ Page 10
than authorized in Chapter 4 of Article IX of the Grover Beach Municipal Code .Further notwithstanding anything contrary contained in the Grover Beach Municipal Code, a violation of this Chapter and/or any provision thereof shall not be subjectto criminal penalties but may only be enforced by civil and or administrative proceedings. (B) Notwithstanding subsection (a) above, this section shall not be intended to preclude or limit personal possession or use of six living marijuana plants and possession of the marijuana produced by the plants consistent with paragraph (3) of subdivision (a) of Health and Safety Code Section 11362.1. Moreover, in accordance with Health and Safety Code section 11362.2, not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time. The limitation of six living plants per residence is a maximum number of plants allowed at any residence no matter how many Persons reside within that residence. No person owning, leasing, occupying or having charge or possession of any premises within a residential zone or used for residential purposes shall cause, allow or permit the indoor cultivation for personal use of cannabis on the premises, unless it is conducted in accordance with the following provisions:
(1) All cultivation of cannabis must take place within a single room of a residential structure or within a detached accessory building wherein the City has issued a building permit for construction of the building. No cultivation of cannabis shall be allowed within a garage of a residential structure, or within hoop houses constructed on a property.
(2) Indoor grow lighting system must not exceed 3,800 watts; be shielded to confine light and glare to the interior of the structure; and complies with the City's Building and Fire Code.
(3) Odors shall not be detectable from adjacent properties, residences, or public rights-of- way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, patios, balconies, or any other areas available for use by common tenants, or the visiting public, or within any other residential unit.
(4) Cannabis cultivation must be concealed from public view at all stages of growth and there shall be no exterior evidence of cultivation occurring at the premises from a public right-of-way or from an adjacent parcel. (5) The cannabis cultivation must not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public; or be hazardous due to the use or storage of materials, processes, products or wastes.
(6) Cannabis cultivation areas, inside a residence, must be kept locked when not occupied.
PART 3. Subsection (A) of Section 4000.40 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.40. Licenses and Permits.
(A) In addition to the requirements which may be imposed pursuant to this Chapter, no Person shall engage in Commercial Cannabis Activity or open or operate a Commercial Ordinance No. 22-__ Page 11
Cannabis Business without possessing both a Commercial Cannabis Permit issued by the City Manager and a license issued by the State of California or one of its departments or divisions. Commercial Cannabis Activity shall be permitted in the City of Grover Beach only as expressly provided in this Chapter and Article IX and if not expressly permitted by this Chapter and Article IX shall be prohibited.
(1) An application for a Commercial Cannabis Business permit shall be consistent with this chapter, section and regulations adopted by Council. (2) A Commercial Cannabis Permit shall be issued pursuant to this Chapter upon issuance of final building Certificate of Occupancy.
Permittee shall be responsible for the prorated portion of fees owed consistent with the Master Fee Schedule within 30 days of issuance of final building occupancy.
(3) Commercial Cannabis Permits shall expire July 1 of each calendar year, unless otherwise defined on the permit.
a. Existing permittees with valid permits expiring after July 1, 2022, shall pay prorated fees owed, consistent with the Master Fee Schedule at the time of permittee’s renewal date. Permit shall be valid from the date of renewal to July 1, 2023. (4) In the event of an application for renewal of a Commercial Cannabis Permit, it shall be filed prior to the expiration date of the permit with the City Manager or their designee. The permit's term will be extended until such time the City takes action.
(5) An application for renewal of a Commercial Cannabis Permit shall be rejected if any of the following exists:
a. The Commercial Cannabis Permit is suspended or revoked at the time of the application.
b. The City Manager based on substantial evidence, finds Good Cause to reject the permit. as defined with the application process resolution approved by Council.
c. Any other Commercial Cannabis Permit held by the applicant is suspended or revoked at the time of the application for the subject Permit being considered by the City.
d. The Commercial Cannabis Business has not been in regular and continuous operation in the four (4) months prior to the renewal application being received by the City.
e. The Commercial Cannabis Business fails to conform to the requirements of this Chapter, any regulations adopted pursuant to this Chapter or the conditions imposed as part of any Use Permit or zoning requirements.
f. The permittee fails to renew its State of California license or the state license has been revoked or suspended.
(6) If a renewal application is rejected for reasons other than Good Cause, a Person may file a new application pursuant to this Chapter. (7) Prior to commencing operation, a Commercial Cannabis Business shall be subject to a mandatory building inspection and must obtain all required permits or approvals which would otherwise be required including, but not Ordinance No. 22-__ Page 12
limited to, a Commercial Cannabis Permit, building permit(s), and a valid Use Permit, required by the Grover Beach Municipal Code. (8) Revocation, termination, non-issuance or suspension of a license issued by the State of California, or any of its departments or divisions, shall immediately terminate the ability of a Cannabis Business to operate within the City of Grover Beach until the State of California, or its respective department or division, reinstates or issues the State license. (9) Any Person prior to possessing, planting, cultivating, harvesting, drying or processing marijuana plants or possessing the marijuana produced from those plants consistent with paragraph (3) of subdivision of Health and Safety Code Section 11362.1, shall contact the City of Grover Beach Police Department and Register consistent with the procedures established by the Department. There shall be a processing fee as established in the City of Grover Beach's Master Fee Schedule. (Ord. 17-06; Am. Ord. 18-03; Am.
Ord. 18-05; Am. Ord. 19-06)
PART 4. Section 4000.50 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.50. Security Measures. The City Chief of Police or their designee is authorized to establishall regulations necessary to implement the requirements and fulfill the policies of this Chapter related toCommercial Cannabis Businesses including, but not limited to, the following subjects:
(A) A permitted Commercial Cannabis Business shall implement security measures to both deter and to prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products at the Commercial Cannabis Business.
Except as may otherwise be determined by the Chief of Police City Manager or their designee, these security measures shall include, but shall not be limited to, all of the following:
(1) All public access to the facility must be through a secured single point of entry.
Entry into a facility with a M-Type State license from the outside must be completed through a secured vestibule area that is designed to allow for identification confirmation prior to entry into the main lobby area. (2) Preventing Persons from remaining on the premises of the Commercial Cannabis Business if they are not engaging in the activity expressly related to the operations of the Commercial Cannabis Business.
(3) Establishing limited access areas accessible only to authorized Commercial Cannabis Business personnel.
(4) Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault, except for limited amounts of cannabis used for display purposes or immediate sale at a retailer or microbusiness with a retail use. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
(5) Self-Service Displays of cannabis, products containing cannabis and cannabis infused food or drink are not allowed in any retail or consumption areas. Samples of cannabis or cannabis products may be made available to Ordinance No. 22-__ Page 13
the customer by an employee of the cannabis retailer.
(6) Installing 24-hour security surveillance cameras of at High Definition (720P or greater) least HD-quality to monitor all entrances and exits to and from a secure area and to monitor all interior spaces within the Commercial Cannabis Business which are open and accessible to the public. The securitysurveillance camerasshall be remotely accessible to the Grover Beach Police Department and shall be compatible with the Grover BeachPolice Department's software and hardware and remote real-time, live access to the video footage from the cameras shall be provided to the Grover Beach Police Department. Video recordings shall be maintained by the business for a minimum of ninety (90) days. (7) Sensors shall be installed to detect entry and exit from all secure areas. (8) Panic buttons shall be installed in all Commercial Cannabis Businesses. (9) Having a professionally installed, maintained, and monitored alarm system. (10) Any bars installed on the windows or the doors of the Commercial Cannabis Business shall be installed on the interior or exterior of the building if allowed by the California Building Code and consistent with approved use permit. (11) All Security personnel, whether employed by the Commercial Cannabis Business or contracted by the Commercial Cannabis Business, shall be subject to the prior review and approval of the Chief of Police or their designee. (12) Firearms Not Allowed. Firearms are prohibited on the premises of all cannabis facilities. This provision does not apply to on-duty peace officers engaged in official duty. Armed security officers will only be permitted with the expressed written permission of the Chief of Police. (13) Each Commercial Cannabis Business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
(14) All deliveries of cannabis products shall be made within a secured area as required in Article IX Section 4.10.045. an enclosed area not open to the public. (B) Each Commercial Cannabis Business shall identify a liaison to the Grover Beach Police Department who shall be reasonably available to meet with the Chief of Police or their designees regarding security measures and operational issues. (C) As part of the application and permitting process, each Commercial Cannabis Business shall have a transportation plan describing the procedures for safely and securely transporting cannabis and cannabis products and currency. (D) A Commercial Cannabis Business shall notify the Chief of Police or their designee within twenty-four (24) hours after discovering any of the following:
(1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations established by the Chief of Police or their designee.
(2) Diversion, theft, loss, or any criminal activity or attempted criminal activity involving the Commercial Cannabis Business or any agent or employee of the Commercial Cannabis Business.
(3) The loss or unauthorized alteration of records related to cannabis, or employees or agents of the Commercial Cannabis Business.
(4) Any other breach of security.
Ordinance No. 22-__ Page 14
PART 5. Section 4000.51 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is added as follows:
Section 4000.51. Cannabis Consumption Area. The following establishes operating standards for on premise consumption areas.
(A) No Permittee shall allow the on-site consumption of cannabis or cannabis products in a manner inconsistent with this Chapter, any permit condition(s) imposed by the City, or inconsistent with any rules, regulations, or guidelines promulgated by the Chief of Police or their designee.
(B) Building permits shall be required for any interior or exterior modifications to existing buildings. At the time of building permit submittal, an updated security plan shall be required consistent with Section 4000.50. A certificate of occupancy and amended Commercial Cannabis Permit shall be issued prior to operation of a consumption area. (C) Consumption areas may be located inside an existing building or located outside in compliance with Subsection 4000.52(A)(5) and California Business and Professions Code Section 26200 (g) as amended.
(D) Use of or consumption of cannabis or cannabis products brought into the Designated Cannabis Consumption Area that are not purchased from the retailer or microbusiness located on the premises is prohibited. The Permittee must ensure that a customer does not bring cannabis or cannabis products onto the premises that have not been purchased from the retail or consumption establishment. (E) Permittees may establish a membership program that allows a customer to utilize a storage locker/humidor inside the Designated Cannabis Consumption Area to store cannabis and cannabis products on-site as long as the products were purchased from the Permittee’s retail or microbusiness facility and were not previously removed from the premises. Each locker/humidor shall only be used to store cannabis and cannabis products for one customer at a time. The locker/humidor must be secured to prevent access by anyone else, other than business management, when not in use by the member. (F) The Designated Cannabis Consumption Area shall be separate from, but reside within or be connected to the existing permitted cannabis retailer or microbusiness. (G) The Designated Cannabis Consumption Area shall not be directly accessible from the primary outside entrance to the cannabis retailer or microbusiness and may not be visible from the fronting street or store front. The only entrance to the Designated Cannabis Consumption Area must be from within the retail establishment. The exit from the consumption area must meet the same requirements as the exit from the retail establishment.
(H) Required Signage. Permittee is required to post the following signage:
(1) Identification of the Designated Cannabis Consumption Area shall consist of signage that is posted outside the designated consumption room entrance(s) and is at a minimum of 12” x 12” with a minimum lettering of 1” in height and states “Consumption Area – No One Under 21 Years of Age Allowed.
(2) “We reserve the right to refuse entry or service for reasons including visible intoxication”.
(3) “It is against the law to drive while impaired”.
Ordinance No. 22-__ Page 15
(4) “No Alcohol, Tobacco or Employee Consumption Allowed”. (5) Emergency Incident/Entry - All customers must cease cannabis consumption until emergency personnel have completed their services and left the cannabis business premises”.
(6) Permittee shall post signage of the phone numbers for local taxicab companies, ride share companies or other public transportation options for the consumers use.
(7) Additional signage as deemed necessary by the City of Grover Beach may be required.
(I) Any employee or agent of the City of Grover Beach, Five Cities Fire Authority, San Luis Obispo County Public Health Agency, or the Department of Cannabis Control may enter and inspect the premises of a permittee during business hours and without notice.
(J) Permittee shall not authorize or allow the on-site sale, possession or consumption of alcoholic beverages or tobacco products on the premises. (K) No Permittee shall authorize or allow the on-site consumption of cannabis or cannabis products outside of normal business operating hours, as such hours may be established by law, regulation or required as a condition of the permit. (L) No Permittee shall consume cannabis or cannabis products while on duty or while working on the premises.
(M) The Designated Cannabis Consumption Area will close to new consumers one hour prior to the close of the retail business. Consumption of cannabis and cannabis products on premises will cease 30 minutes prior to the close of the retail business. (N) Permittees shall post one or more notices of sufficient size, lettering and prominence to advise customers that the consumption of cannabis products outside of the designated cannabis consumption area is prohibited.
(O) Access to the area where the consumption of cannabis products is allowed shall be restricted to persons 21 years of age or older. (P) Cannabis consumption shall not be visible from any public place, city right of way or any nonage-restricted area on or near the premises. (Q) Permittees shall package and seal a customer’s unused cannabis or cannabis products in accordance with Section 4000.190 of this Chapter prior to the customer leaving the Designated Cannabis Consumption Area.
(R) Permittees shall attempt to make arrangements or partnerships with ridesharing services or other forms of public/private transportation to help impaired or intoxicated customers find safe transportation when needed. (S) A Permittee shall comply with laws governing cannabis businesses and retail food establishments, including but not limited to, the California Retail Food Code. (T) A Permittee with a Cannabis Consumption Permit may not require employees to enter the Designated Cannabis Smoking Room as a condition of their employment. A Permittee shall ensure that all Designated Cannabis Consumption Area employees are properly trained in the consumption area operations, policies and procedures and can identify impairment in consumers or when a customer is consuming too much cannabis and may become impaired.
(U) The Chief of Police or their designee may immediately suspend a Permittee’s Ordinance No. 22-__ Page 16
permit to operate a Designated Cannabis Consumption Area for any violations of this Article, local regulations, Department of Cannabis Control Regulations or state laws. If a suspension is issued, the Permittee may request a meeting to take place with the Chief of Police or their designee within 10 calendar days to review the reasons for the suspension and the steps for corrective action. If the Permittee is unable to obtain a mutually agreeable determination of corrective actions with the Chief of Police, and the permit remains suspended, the Permittee may file an appeal of the permit suspension with the City Manager consistent with the procedural process for conducting appeals contained within Sections 1408 through 1413 of this Chapter 4 of Article I of the Grover Beach Municipal Code.
PART 6. Section 4000.52 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is added as follows:
Section 4000.52. Cannabis Consumption Building and Construction Standards. The following establishes ventilation standards for areas of a retailer or microbusiness that contains a designated consumption area.
(A) The Designated Cannabis Consumption Area that permits smoking of cannabis must meet the following ventilation standards:
(1) The Designated Cannabis Consumption Area must have a separate heating, ventilation and air-conditioning (HVAC) system such that none of the air in the Designated Cannabis Consumption Area will be recirculated into other parts of the cannabis business premises.
(2) The air from the Designated Cannabis Consumption Area must be directly exhausted to the outdoors by a filtration system that, at a minimum, eliminates all odors and smoke.
(3) Smoke from the Designated Cannabis Consumption Area must not drift to other portions of the cannabis business premises.
(4) The Designated Cannabis Consumption Area must be completely separated from the remainder of the cannabis business premises by solid partitions or glazing without openings other than doors, and all doors leading to the Designated Cannabis Consumption Area must be self-closing. All doors must be installed with a gasket to provide a seal where the door meets the stop and the room shall remain under negative pressure in relation to the other spaces of the cannabis business premises.
(5) Cannabis consumption areas that are located outside shall meet the following performance standards:
i. An odor absorbing ventilation and exhaust system must be installed so that odor generated from the outdoor consumption area is not detected outside the property or lease area boundaries, or anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the cannabis use.
ii. Designated Cannabis Consumption Area shall not be visible from the public right-of-way
(6) The Designated Cannabis Consumption Area must meet health and safety standards as approved by the Chief of Police.
Ordinance No. 22-__ Page 17
PART 7. Section 4000.53 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is added as follows:
Section 4000.53. Temporary Cannabis Special Event Permit Requirements. (A) A permit for a temporary Cannabis Special Event, or Temporary Cannabis Consumption Special Event may be issued by the City Manager to a Permittee or entity allowing for the sale of cannabis, consumption of cannabis products, or a combination of both during a Special Event, as defined in Article III of the Grover Beach Municipal Code.
A designated cannabis consumption area during a special event, may be temporarily located on private property.
(B) A Cannabis Special Event Permit shall only be issued for a single day or up to two consecutive days. A Permittee or entity shall only be issued a Cannabis Special Event Permit for up to four days annually.
(C) A Cannabis Special Event shall not be hosted on the property of the City or City Right of Way; any school, child-care establishment, alcohol or drug treatment facility, any cannabis business that is not a licensed retail or microbusiness, or any location that is situated in a residential zone as defined in Article IX Development Code (D) Permittee or entity desiring to host a Cannabis Special Event must be a California Department of Cannabis Control licensed cannabis event organizer (E) An application for a Cannabis Special Event Permit must be received by the Chief of Police no less than 90 days prior to the first scheduled day of the temporary cannabis event.
(F) The Chief of Police or their designee shall have full discretion and responsibility for directing the Permittee, entity or event organizers on the establishment of security measures and practices to ensure public safety. (G) All Security Officers assigned to work at the Cannabis Consumption Special Event must be a California State licensed security officer and be in possession of a guard card issued by the California Bureau of Security and Investigative Services (BSIS). (H) An event Security Plan shall be included in the application for a Cannabis Consumption Special Event. The Security Plan shall minimally include, (1) Contact information for the Security Team Leaders
(2) Emergency contact information for the event organizer (3) Emergency contact information for every vendor at the event (4) A site plan that identifies all ingress/egress locations, secured storage areas, medical areas, Incident Command Management area
(5) The Security Plan shall be reviewed and approved by the Chief of Police or their designee a minimum of ten (10) days prior to the start of the event. Any changes to the plan shall be coordinated with the Grover Beach Police Department.
(6) The Chief of Police or their designee may require implementation of additional security measures based on the special event characteristics. (I) The Fire Chief or their designee shall have full discretion and responsibility for directing the Permittee, entity or event organizers on the establishment of any health or medical responsibilities and practices for the event.
Ordinance No. 22-__ Page 18
(J) A Permittee, entity or event organizer shall comply with all regulations of the Grover Beach Municipal Code, State laws and Department of Cannabis Control Regulations.
(K) The Chief of Police, Fire Chief or their designees shall have the ability to revoke a Cannabis Consumption Special Event Permit when in their opinion the event presents a nuisance or danger to public safety and well-being. (L) Only persons, aged 21 or older, with valid identification, may attend a Cannabis Special Event. A licensed cannabis event organizer shall maintain a clearly legible sign not less than 12” x 12” in size, reading “No Persons Under 21 Allowed” at each public entrance to any area where the sale or consumption of cannabis or cannabis products is allowed.
(M) The Permittee, entity or event organizer shall ensure that cannabis consumption is not visible from any public place or non-age restricted area. (N) Sale, possession or consumption of alcohol or tobacco shall not be allowed on the permitted premises.
(O) The consumption of cannabis or cannabis products brought it from outside the permitted premises and not authorized by the vendors or event organizers is prohibited.
PART 8. Subsection (A) of Section 4000.60 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.60. Employees; Employee Work Permits; Identification. (A) Work permit required. Any Person who is an employee or who otherwise works or volunteers within a Commercial Cannabis Businessmust obtain a work permit from the Chief of Police City Manager or their designee. The Chief of Police City Manager or their designee is hereby authorized to establish all regulations necessary to implement the work permit process contemplated in this section including, but not limited to, the reasons for denial of a work permit to anyPerson. A work permit shall be valid for a twelve (12) month period and must be renewed on an annual basis. Applications for work permitsshall be submitted under oath and shall contain a statement of the pastcriminal record, if any, of the applicant and such information as may be deemed necessary by the Chief of Police City Manager or their designee to determine whether the applicant is a Person to be issued a work permit. The Applicant will be required to submit to Live Scan fingerprinting and a photograph for the purpose of the City performing a background investigation and issuance of a Work Permit. In the event a Person changes employment from one Commercial Cannabis Business within the city to another, the work permit holder shall notify the Chief of Police or their designee(s) in writing of the change of employment within ten (10) days of such change or the work permit shall be suspended or revoked and such Person shall not be permitted to work within any Commercial Cannabis Business within the City.
PART 9. Section 4000.70 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.70. Right to Occupy and to Use Property. As a condition precedent to the City's issuanceof a Commercial Cannabis Permit pursuant to this Chapter, any Person intending to open and to operatea Commercial Cannabis Business shall provide evidence of the legal right to occupy and to use the proposed location. In the event the proposed location is leased from another Person, the applicant for a permit under this Chapter shall provide a signed and notarized statement Ordinance No. 22-__ Page 19
from the owner of the property to demonstrate the property owner has acknowledged and has consented to the operation of a Commercial Cannabis Business on the property. Evidence of lawful possession consists of properly executed grant deeds, of trust, leases, evidence of ownership of the premises, or other written documents acceptable to the City Manager.
PART 10. Subsections A through C of Section 4000.160 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.160. Commercial Cannabis Permit Application Procedures and Application Requirements. Permittee Selection Process; Criteria for Review; Renewal, Suspension, or Revocation of a Permit: In addition to those requirementsset forth in this section and elsewhere in this Chapter, the City Council may shall by resolution or ordinance adopt such forms, fees, and procedures as are necessary to implement this Chapter with respect to the initial selection, future selection, investigation process, renewal, rating of applicants, revocation, and suspension of Commercial Cannabis Permits.
(A) For purposes of Suspension of Revocation, the Chief of Police may suspend or revoke a Commercial Cannabis Permit for Good Cause consistent with the provisions of this Chapter 18, In the event a Commercial Cannabis Permit is either suspended or revoked, an appeal may be requested consistent with Section 4000.51 of this Chapter. (B) An application for issuance or renewal of a Commercial Cannabis Permit shall contain the following requirements:
(1) The printed full name, signature, date of birth and present address and telephone number of all Persons and entities responsible for the operation of the Commercial Cannabis Business including managers, corporate officers, investors, any Person with an ownership interest, any member of a board of directors, any general or limited partner, and/or any member of a decisionmaking body for the Commercial Cannabis Business. (2) The address to which correspondence from the City of Grover Beach is to be sent.
(3) The names and addresses of all businesses operated by and the employment of the applicant(s) for the five (5) years immediately preceding the date of the application.
(4) Any litigation in which the applicant(s) has been involved within the five (5) years immediately preceding the date of the application and a statement of whether any business currently operated by the applicant(s) or operated by the applicant(s) within the five (5) years immediately preceding the date of the application has been investigated or the permit or license authorizing the operation of such business has been revoked or suspended within the five (5) years immediately preceding the date of the application. (5) The address of any Commercial Cannabis Business currently being operated by the applicant(s), or any of them, or which have been previously operated by them within the last five (5) years.
(6) The names and telephone numbers of the Person(s) to be regularly engaged in the operation of the proposed Commercial Cannabis Business, whether an employee, volunteer or contractor. The application shall also have the names Ordinance No. 22-__ Page 20
and telephone numbers of those Persons having management and supervisory responsibilities for the proposed Commercial Cannabis Business. (7) Odor control devices and techniques to prevent odors from marijuana from being detectable off-site.
(8) Procedures for identifying, managing, and disposing of contaminated, adulterated, deteriorated or excess cannabis product.
(9) Procedures for inventory control to prevent diversion of cannabis and cannabis product, employee screening, storage of cannabis and cannabis product, personnel policies, and record-keeping procedures.
(10) A detail of the procedures to be utilized at the facility including a description of how chemicals and fertilizers will be stored, handled, used and disposed of; manufacturing methods, the transportation process, inventory procedures, and quality control procedures.
(11) A site plan and floor plan of the Commercial Cannabis Business denoting the property lines and the layout of all areas of the Commercial Cannabis Business including storage, cultivation, manufacturing, testing, distributing, reception/waiting, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses.
(12) An operations and security plan in conformance with Section 4000.50. (13) Standard operating procedures detailing how operations will comply with state and local regulations, how safety and quality of products will be ensured, record-keeping procedures for financing, testing, and adverse event recording, and product recall procedures.
(14) Proposed hours of operation.
(15) Recycling and Waste disposal information.
(16) Medical recommendation verification and youth access restriction procedures. (17) A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
(18) Detailed description of energy and water usage plan enumerating best practices and leading industry practices in efficient utilization of both resources.
(C) The City Manager may deny an application for the issuance, or renewal of a Commercial Cannabis Permit for Good Cause or if the applicant has been convicted of an offense that is substantially related to the qualifications, functions or duties of the business or profession for which the application is made, except that if the City Manager determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the City Manager may conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a license based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the City Manager will include, but not be limited to, the following:
(1) A felony or misdemeanor conviction for the illegal use, possession, distribution, manufacture, transportation, cultivation or similar activity related to a controlled substance as defined in the Federal Controlled Substances Act.
Ordinance No. 22-__ Page 21
(2) A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
(3) A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code
PART 11. Subsections A through I of Section 4000.200 of Chapter 18, Article III, of the Grover Beach Municipal Code, Commercial Cannabis Uses, is hereby amended as follows:
Section 4000.200. Operating Requirements for All Commercial Cannabis Uses. In addition to those operating requirements specifically set forth elsewhere in this Chapter and except as may otherwise be expressly set forth in this Chapter, the following operating requirements shall apply to all Commercial Cannabis Businesses operating in the City of Grover Beach. (A) Restriction on Consumption. Cannabis shall not be consumed on the premises of any Commercial Cannabis Businesses, with the exception of licensed retailer or microbusiness with an approved Cannabis Consumption Area Permit consistent with Section 4000.51. unless medically necessary or elsewhere in the City of Grover Beach other than within private residences.
(B) No cannabis or cannabis products shall be visible from the exterior of the property or building. No outdoor storage of cannabis or cannabis products is permitted at any time. (C) Reporting and Tracking of Product and of Gross Sales. Each Commercial Cannabis Business shall have in place a point-of-sale tracking system to track and to report on all aspects of the CommercialCannabis Business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale) and shall ensure that such information is compatible with the City's record-keeping systems. The system must have the capability to produce historical transactional data forreview by the City of Grover Beach. All information provided to the City pursuant to this subsection shall be confidential and shall not be disclosed, except as may otherwise be required under law. (D) All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.
(E) Sale of Cannabis Accessories and Non-Cannabis Goods. In addition to cannabis goods, a licensed retailer may display and sell cannabis accessories and the licensee’s branded merchandise inside their retail space. The licensee may provide promotional materials to customers or prospective customers. The licensee shall not sell branded merchandise until receiving written approval from the Department of Cannabis Control and the City. Other noncannabis goods such as pre-packaged water and food may be sold and served in designated consumption. Areas.
(F) EmergencyContact. EachCommercial Cannabis Business shall provide the CityChief of Police or their designee with the name, telephone number (mobile preferred, if available) of an on-site employee or owner to whom emergency notice can be provided. (G) Signage and Notices.
(1) In addition to the requirements otherwise set forth in this section, business identification signage for a Commercial Cannabis Business shall conform to the requirements of Article IX of the GroverBeach Municipal Code, including, but not limited to, an issuance of a City of Grover Beach sign permit.
(2) No signs placed on the premises of a Commercial Cannabis Business shall Ordinance No. 22-__ Page 22
obstruct anyentrance or exit to the building or any window. (3) Each entrance to a Commercial Cannabis Business shall be visibly posted with a clearand legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the Commercial Cannabis Business is prohibited. (H) Minors. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a Commercial Cannabis Business and shall not be allowed to purchase any Cannabis or Cannabis Concentrate products, except anyone under twenty-one (21) years of age but at least eighteen (18) yearsof age or older shall only be allowed within a Commercial Cannabis Business if the business holds a stateissued M-Type license and entry is authorized in accordance with the Medicinal and Adult Use Cannabis Regulation and Safety Act.
It shall be unlawful and a violation of this Chapter for any Person to employ any other Person at a Commercial Cannabis Business who is not at least twenty-one (21) years of age.
The entrance to the Commercial Cannabis Business shall be clearly and legibly posted with a notice thatno Person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the Commercial Cannabis Business unless the Commercial Cannabis Business is a M-Type license issued by the state wherein it shall be posted that no Person under the age of eighteen (18) is permitted to enter upon the premises. Persons 18, but under 21, must be in possession of a valid medical marijuana identificationcard or valid doctor's recommendation. (I) Odor Control. Odor control devices and techniques shall be incorporated in all Commercial Cannabis Businesses and apply to personal growth, cultivation or processing of marijuana, to the extent necessary, to ensure that odors from marijuana are not detectable offsite.
CommercialCannabisBusinessesshall provide an odor absorbing ventilation and exhaust system so that odor generated inside the Commercial Cannabis Business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rightsof-way, on or about the exterior or interior common areawalkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the CommercialCannabis Business.
As such, Commercial Cannabis Businesses must install and maintain the following equipment or any other equipment which the Chief of Police or his designee determines has the same or better effectiveness:
(1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
(2) An air system that creates negative air pressure between the Commercial Cannabis Business's interior and exterior so that the odors generated inside the Commercial Cannabis Business are not detectable on the outside of the Commercial Cannabis Business. (3) Air filtration and odor control systems shall be certified annually by a licensed mechanical engineer as part of the annual Commercial Cannabis Permit renewal.
PART 12. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be in violation of the law, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared in violation of the law.
Ordinance No. 22-__ Page 23
PART. 13. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.
PART 14. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty first day (31) thirty (30) days after the date of its adoption, and within fifteen (15) days after its adoption, it 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 on __________ and PASSED, APPROVED, and ADOPTED by the City Council on ____________ on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
DAVID P. HALE, CITY ATTORNEY
** D R A F T **
County of San Luis Obispo
Tobacco Control Coalition
April 14th, 2022
RE: Proposed Ordinance to Allow Cannabis Lounges in Grover Beach Dear Chief Peters,
On behalf of the San Luis Obispo County Tobacco Control Coalition, I am writing you regarding the proposed ordinance to permit cannabis lounges with on-site consumption in Grover Beach.
Our coalition has sought suggestions from the Public Health Law Center (PHLC) for information regarding the proposed cannabis lounge ordinance in the City of Grover Beach. PHLC has provided the following concerns and educational information which our coalition would like to recommend be considered when finalizing the lounge ordinance to minimize deleterious impacts on public health. We appreciate you reviewing the following information and considering ways in which the ordinance can 1) prevent secondhand cannabis smoke exposure on the premises, 2) prohibit youth access and 3) Regulate labeling, marketing, and advertising.
Below is information from PHLC. I want to be clear that the PHLC does not lobby or provide legal representation or advice. This information is for educational purposes only.
Providing safe on-site consumption
Knowing the proposed business model and how the retail dispensary and cannabis lounge will be set up will help in developing regulations to ensure that cannabis consumption is safe on-site – both for customers and for employees. For example, will cannabis consumption be allowed inside the dispensary or in a separate facility adjacent to the dispensary? Will smoking or vaping cannabis be allowed on the premises? Will cannabis products be sold in the dispensary and lounge, or just the lounge? Will customers be allowed to bring cannabis products into the lounge from outside the premises? If so, how can proprietors ensure that the cannabis was purchased from a licensed cannabis sales facility? How will violations be handled and who are the designated enforcement agents?
Also, since different people can experience vastly different effects from the same product, it would be important to clarify how much of what type/potency cannabis can be served to a customer at any one time. In Nevada, lounges can only sell "single-serving" cannabis edibles and infused products, which means consumers can’t bring home any leftovers. Will the Grover Beach policy limit the amount of cannabis product a customer is allowed to purchase and consume at a lounge in one visit and will customers be prohibited from removing product from the premises? Lounges will need to display clear and explicit signage about the policy requirements in conspicuous areas throughout the premises and could take related measures to educate customers and the general public about the policy. Signage could not only describe the lounge rules/policy requirements (e.g., the prohibition on alcohol and tobacco use on the premises), but could indicate consequence for failure to comply (e.g., violators are subject to fines up to $XX).
Attachment 2
County of San Luis Obispo
Tobacco Control Coalition
Training materials will need to be prepared and staff training conducted regarding consumable cannabis products (identifying types, brands, ingredients, etc.) and related relevant issues such as health risks and symptoms, safety concerns, compliance procedures, and enforcement practices. Similar training may need to be provided to enforcement agents or officers.
Preventing secondhand cannabis smoke exposure
Will cannabis smoking or vaping be permitted on the premises? Clearly, from a public health perspective, we would advise against this. As you know, numerous studies have shown that ventilation and other engineering interventions cannot fully protect customers and employees from secondhand smoke exposure. Because of this, we would encourage the adoption of the same standards for secondhand cannabis smoking and vaping as those that apply to tobacco, and consequently prohibit indoor cannabis smoking and vaping.
If, however, the lounge does allow cannabis smoking, will it be restricted to a designated area (such as San Francisco’s “smoking room”, with specific health, safety, and ventilation standards), a designated outdoor space, or a separate building altogether (such as Palm Springs’ “cannabis lounge facilities”)? If cannabis smoking is allowed outside, it should be in an area not visible from any public place or any area where minors would be present.
The California-specific model ordinance for tobacco- and smoke-free outdoor areas includes several provisions that you might want to consider for the Grover Beach policy, if they’re not included in the proposed draft.
Prohibiting youth access
The Grover Beach cannabis lounge policy would need to ensure that effective security measures and periodic compliance checks are in place to prevent minors from accessing the establishment.
This might mean assessing the effectiveness of related measures for the retail dispensaries and strengthening them, if necessary.
In addition, the policy might also consider prohibiting the on-site sale of cannabis products, such as flavored products (e.g., edibles, concentrates, infused beverages and other) that are known to be attractive to young people and that could serve as a source of initiation for youth use. Such sales restrictions would echo similar flavored tobacco product restrictions that a growing number of local communities are adopting around the U.S. We include sample language for restricting sales of tobacco products here; similar provisions could be adapted for cannabis products.
Regulating labeling, marketing, and advertising
The “Marketing and Advertising” section in “Getting it Right from the Start” does a good job describing the importance of 1) prohibiting untrue or misleading cannabis product marketing and advertising materials and 2) ensuring that essential health warnings are included on labels, packaging, and in-store advertising signs and displays. First Amendment issues may be implicated in some advertising and marketing restrictions, and it might be helpful to seek advice from an attorney familiar with California law in this area. At any rate, the cannabis lounge policy County of San Luis Obispo
Tobacco Control Coalition
should ensure that, in the interest of public health and safety, the public has access to accurate and complete information on all cannabis products sold and consumed in the establishment.
We hope that you will consider these recommendations when drafting the ordinance. If you have any questions, please feel free to contact me at [email protected].
Sincerely,
Julia Alber
Chair, San Luis Obispo Tobacco Control Coalition
Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: May 9, 2022
FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer SUBJECT: Water Shortage Declaration and Associated Actions
RECOMMENDATION
Conduct a public hearing to consider a water shortage declaration and to hear protests from water customers and enact a water shortage Stage 2 declaration and associated mandatory water conservation measures.
BACKGROUND
The purpose of this agenda item is to update the Council on current water shortage conditions and provide recommendations for a water shortage declaration based on the City’s adopted Water Shortage Contingency Plan for Council direction. The report closes with a summary of efforts to secure additional water supply including the Central Coast Blue recycled water project. The Council adopted the 2020 Urban Water Management Plan (UWMP) and associated Water Shortage Contingency Plan (WSCP) on December 13, 2021 which outlines stages of action based on observed water supply conditions (called “Triggering Conditions”) and actions the Council could enact in response. The WSCP requires staff to monitor water supply and availability and if one or more of the Triggering Conditions have been met, the Public Works Director is required to notify the Council and recommend the Council declare the appropriate stage of water shortage.
A copy of the WSCP is included in Attachment 2.
On May 24, 2021, the Council enacted a Stage 1 Water Shortage Declaration. All residential customers were assigned a monthly baseline amount of water based upon the amount of water used during the same billing period of the previous year prior to the declaration. The action did not include any mandatory water use reductions. At the same time, staff posted information concerning the drought conditions and means to conserve water on the City’s website and other City communications and alerted customers to mandatory water waste prohibitions.
The WSCP include six stages of action tied to actual water shortage conditions in 10% increments.
Each stage relates a supply reduction range to an associated demand reduction target, which may vary based on the nature of “Triggering Conditions” dependent on the cause, severity, and anticipated duration of the water supply shortage. Upon declaration of a water shortage, the Council can enact certain actions and water restrictions with staff recommendations as follows:
Stage 1 Water Shortage Condition. A Stage 1 water shortage condition primarily involves public education including posting information on the City’s website and sending information to all City water customers about the impacts of drought and how to conserve water. This also includes notifying customers of the following permanent water waste prohibitions:
Attachment 1 was amended to correct title
from Stage 3 to Stage 2
Staff Report: Stage 2 Water Shortage Declaration Page 2 May 9, 2022
• All use of water which results in excessive gutter runoff and use of water for cleaning driveways, patios, parking lots, sidewalks, streets, or other such uses except as necessary to protect public health or safety.
• Outdoor irrigation between the hours of 10 a.m. and 4 p.m. and outdoor water use for washing vehicles unless it is attended with use of hand-held automatic shut-off watering devices.
• Use of potable water for compaction or dust control purposes in construction activities unless no other source of water is available or upon approval by staff. • Hotel, motel or other commercial lodging establishment shall offer their patrons the option to forego the daily laundering of towels, sheets and linens. • Emptying and refilling of swimming pools and commercial spas is prohibited except to prevent structural damage and/or to protect public health or safety. • Restaurants or other commercial food service establishments shall not serve water except upon the request of a patron.
During a water shortage declared by the Council, the Public Works Director is authorized to modify the allocation or percentage of water consumption reduction that is required by the customer provided the customer submits evidence demonstrating the existence of unusual circumstances including but not limited to the household having been vacant during a portion of the comparison year billing period or substantial changes in the number of persons residing in the residence. The percentage of reduction in water consumption may also be adjusted if failure to approve the requested exception would have an adverse effect on the health, sanitation, fire protection, or safety of the customer. The Director may also consider alternative restrictions to which the customer is willing to adhere that would achieve the same level of demand reduction as the restriction for which an exception is being sought. To qualify for an exception, a customer may be required to first complete a self-water audit. This audit shall be made part of the customer’s exception application and water conservation measures indicated by the audit may be incorporated as conditions of approval to an exception.
During a water shortage condition, the Public Works Director and Administrative Services Director serve as an Appeals Board to act on customer appeals of reduction targets or consumption allocations. Any customer who considers an action taken by the Public Works Director to have been erroneously taken or issued may appeal that action in writing. Appeals must be received by the Public Works Director not later than ten business days following the date that the Director took the action which is the subject of the appeal. Within 15 calendar days of the receipt of an appeal, the Appeals Board would hold a hearing to consider the appeal and then issue its decision within 15 calendar days of the date of the hearing. Decisions of the Appeals Board may be appealed to the City Manager.
Stages 2 through 6 Water Shortage Conditions (See Attachment 2, Page 20). After holding a noticed public hearing declaring a water shortage, the Council may by resolution find and determine that failure to adopt and impose additional restrictions on water use would place the community in a condition that is dangerous to the health, safety and welfare of its citizens due to the anticipated severity of impacts on the City’s water supply. Based upon such a determination, the Council may declare a Stage 2 through 6 Water Shortage. The resolution may provide that the immediate imposition of additional regulations and restrictions on the use of water are necessary to provide for the protection of the public’s health, safety and welfare.
In addition, the Council may consider other actions in addition to the restrictions imposed in the Stages 2 through 6 Water Shortages. These actions could include reducing irrigation of Cityowned non-sports field turf areas by the appropriate percentage as indicated in the table above, Staff Report: Stage 2 Water Shortage Declaration Page 3 May 9, 2022
completely eliminating park and City landscape irrigation, restricting water system flushing, and restricting private construction activities requiring substantial amounts of water. The Council may also enact penalties for violations of mandatory prohibitions on water wasting and/or water use reduction requirements which could include monetary penalties and ultimately could include termination of water service until the violation is corrected, and until all appropriate penalties are paid in full to the extent allowable by State law. Below are penalties included in the WSCP that could be enacted under stages 2 through 6 if directed by the Council:
Penalty/Charge1 Stage When Penalty
Takes Effect
Any water customer who fails to comply with mandatory water conservation reduction targets or mandatory water waste prohibitions will be issued a warning notice for the first violation.
The City will monitor the customer’s water activities on a monthly basis beginning with the first violation. A second violation within this period will result in the issuance of an Administrative Citation and Penalty as identified in the City’s adopted Master Fee Schedule which is currently one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation of the same provision within a rolling 12-month period; five hundred dollars ($500.00) for a third or subsequent violation within a rolling 12-month period.
2-6
1The foregoing penalties may also be modified or amended by the City Council as deemed necessary and appropriate based upon a determination of the severity of the Water Shortage Emergency.
Status of City Water Supplies
The City has two principal water sources: Lopez Lake and the Santa Maria Groundwater Basin.
At present, the total amount of water legally or contractually available to the City is 2,207 acrefeet per year comprised of 800 acre-feet of Lopez water and 1,407 acre-feet from groundwater.
Both sources rely on local rainfall amounts and unfortunately the area has seen below average rainfall for the last three years. For the purposes of the WSCP, rainfall is measured at the Lopez Dam and the County reports on cumulative rainfall beginning on July 1 of each year. This year the rainfall accumulation is just under 13 inches compared with the annual average of approximately 20 inches.
Lopez Lake. As of May 1, the Lopez Lake storage level was 14,077 acre-feet, or 29% of the total reservoir capacity. The following page shows a chart from the County that shows predicted and actual reservoir storage and monthly rainfall.
Staff Report: Stage 2 Water Shortage Declaration Page 4 May 9, 2022
In December 2014, the County Board of Supervisors adopted the Low Reservoir Response Plan (LRRP) to identify an adaptive management plan that reduces water deliveries in response to various reservoir storage levels. The LRRP identifies a 10% reduction when water levels drop below 20,000 acre-feet and up to a 35% reduction if the levels drop to 5,000 acre-feet. On July 8, 2021, Governor Newsom issued a Proclamation of a State of Emergency, pursuant to the California Emergency Services Act, due to drought in several counties in the state, including San Luis Obispo County. On July 13, 2021, the Board of Supervisors declared a local drought emergency; and, on August 24, 2021, the Board enacted the LRRP for Lopez Lake. On September 8, 2021, the Zone 3 Technical Advisory Committee subsequently endorsed the action of reducing contract deliveries by 10%. As a result, the City’s Lopez Lake entitlement was reduced to 720 acre-feet. The LRRP details are shown below.
Staff Report: Stage 2 Water Shortage Declaration Page 5 May 9, 2022
Based on the Lopez Reservoir Storage Projection, the lake levels are expected to drop below 10,000 acre-feet by October which would result in a 20 percent reduction in the City’s entitlement to 640 acre-feet. In accordance with the City’s water supply contract, the County has made unused entitlement and downstream release water available which boosts the City’s available supply in this water year (April 1st to March 31st) by an additional 282 acre-feet. However, the City can only functionally deliver just over 800 acre-feet in a year due to the physical characteristics of the City’s connection to the Lopez Lake water main so the City would have to arrange for a water swap or delivery from another agency to increase deliveries beyond its 800 acre-feet entitlement amount. As a result in this water year, the City will not see a decrease in deliveries unless the lake levels fall below 5,000 acre-feet.
Groundwater Supply. As required by the Santa Maria Groundwater Basin Adjudication, consultants working on behalf of the City and other Northern Cities Management Area agencies have completed extensive monitoring of the groundwater basin and prepared the Annual Report that is filed with the Court. The monitoring is conducted to document how the groundwater system is responding to annual rainfall and the extraction of water by urban and agricultural entities. The monitoring specifically includes the study of four wells situated in such a location as to provide early warning of impending deterioration of water quality and, in particular, seawater intrusion.
Based on the last four quarterly monitoring reports, the groundwater levels in the monitoring wells were below the level where there is concern of seawater intrusion (Deep Well Index level of 7.5 feet) for the last two quarters of 2021 but recovered to above the level of concern in the first two quarters of 2022. However, based on rainfall amounts and historic trends, staff expects this level to drop below 7.5 feet by June at which time two of the four most recent well readings would be below the threshold level.
Recommended Stage of Action
To summarize, there are four current triggering conditions impacting a declaration of a water shortage stage as follows:
1. Lopez Lake levels below 15,000 acre-feet
2. 2 of 4 quarterly sentry well readings expected to be below 7.5 feet by June
3. State mandated water use reductions (in place since 2010)
4. 3 years of below average rainfall
Based on these triggering conditions, staff is recommending the Council adopt a resolution declaring a stage 2 water shortage condition requiring a mandatory 10% reduction in water consumption by residential customers along with imposing penalties in accordance with the adopted WSCP. Staff anticipates returning to the Council this fall with an update on water supply conditions and may recommend an additional water shortage stage based on conditions.
In addition, staff recommends the following actions involving City facilities and construction projects within the city:
1. Reducing turf watering of Mentone Basin Park and Costa Bella Park and possible closures of the two parks if erosion of the basin soils becomes a concern due to the loss of turf.
2. Requiring use of non-potable water for grading operations on private development projects when a source is available withing a reasonable distance.
These actions would further demonstrate the City’s commitment to water conservation with minimal impacts to users compared with more actively used park facilities.
Staff Report: Stage 2 Water Shortage Declaration Page 6 May 9, 2022
Water Supply Options
Water Conservation Program. Water conservation is currently the only means immediately available to the City to address the water shortage. Grover Beach residential water customers used an average of 66 gallons per capita per day (gpcd) in 2021 or 1,273 acre-feet total. In contrast, the City’s water demands through 2045 in the adopted UWMP are based on a per capita water use target of 117 gallons in compliance with State law along with a projected population of 15,091 from the San Luis Obispo Council of Governments. Grover Beach customers used significantly more water in the past totally approximately 120 gpcd in 2013 (1,803 acre-feet total) just before the previous drought and reached a low of 62 gpcd in 2019 (1,187 acre-feet total).
This low usage was in response to five years of water conservation actions by the City including a series of water shortage declarations, a robust public information campaign, the water conservation retrofit programs and citations for non-compliance. The City’s average water usage is among the lowest in the state and one of the lowest among local water purveyors.
Central Coast Blue. Lastly, over the past 15 years, City staff has considered a number of possible supplemental water supply sources to protect the city against the effects of drought. Of these, recycled wastewater has been identified as the most feasible which led the City to develop a partnership with Pismo Beach and Arroyo Grande for the Central Coast Blue recycled water project. The project will bring a sufficient supply of recycled water to the region from a treatment facility in Grover Beach to provide supply reliability during extended drought and minimize the risk of seawater intrusion into the groundwater supply. The participating cities have recently approved a cost sharing agreement that defines project management and oversight along with defined costs and benefits to project participants.
Staff has continued working with partner agencies and outside consultants in developing the project which has recently completed the environmental permitting phase and is now entering the agency permitting phase along with applications for grant funding. Central Coast Blue is expected to be operational in 2025 and may eliminate the need for future water shortage declarations and actions by the Council by providing additional long-term water supply for the city. Agency staff and consultants are working to draft a Joint Powers Agreement for the project for approval by the respective Councils along with scheduling the joint Council meeting to discuss the project.
FISCAL IMPACT
This action will result in some degree of costs to the Water Enterprise Fund including staff time associated with the public information campaign, assigning water budgets to all residential customers, monitoring water use and assigning penalties for non-compliance. The recommended water use reduction will also result in some loss of revenue to the Water Enterprise Fund. Staff will continue to monitor the Fund and return to Council with recommendations for mitigation if needed in the future.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct a public hearing to consider a water shortage declaration and to hear protests from water customers and enact a water shortage Stage 2 declaration and associated mandatory water conservation measures; or
2. Provide additional direction to staff.
Staff Report: Stage 2 Water Shortage Declaration Page 7 May 9, 2022
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A public hearing notice was posted in the New Times publication on Thursday, April 28, 2022.
Attachments
1. Water Shortage Resolution
2. Water Shortage Contingency Plan
Attachment 1
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DECLARING A STAGE 32 WATER SHORTAGE EMERGENCY IN ACCORDANCE WITH CALIFORNIA WATER CODE SECTION 350 AND GROVER BEACH MUNICIPAL CODE SECTION 7234
WHEREAS, Section 7234 of the Grover Beach Municipal Code (GBMC), Water Shortage Declaration, provides for stages of action that will be undertaken in response to water supply shortages and related triggering conditions, consistent with the City of Grover Beach Urban Water Management Plan and for the imposition of regulations and restrictions, including, but not limited to, requirements to reduce consumption of water, that are necessary in order to protect the health, safety and welfare of the community; and
WHEREAS, the stages of action have been created in recognition of the fact that the City's water supply consists of a combination of water from Lake Lopez and groundwater sources, and that a variety of specific factors can result in the need to implement a stage of action, as well as the potential for unanticipated interruptions of local water deliveries or the imposition of additional State mandated reductions in water use; and
WHEREAS, GBMC Section 7234 provides that after holding a noticed public hearing in accordance with the requirements of Water Code Section 350 et seq., the City Council may declare a Water Shortage Emergency and institute reductions in water usage, based upon a determination that triggering conditions exist or there have been impacts to the City's water supply, and/or it has been determined that it is imminent that the City's water supply has or will become so limited that an emergency water shortage condition exists regarding the available water supply being less than projected demand, necessitating the institution of reductions in water usage; and WHEREAS, triggering conditions for a Stage 2 Water Shortage Emergency may include, but are not limited to, a determination that the water level at Lake Lopez is at or below twenty thousand (20,000) acre feet; there have been four quarterly continuous events of sentry well level readings below the deep well index trigger level of seven and one-half feet; annual rainfall is below average for 2 years; and/or the imposition of mandatory reductions in water use by the state water resources control board.; and
WHEREAS, The City of Grover Beach has a limited water supply that consists of two sources: Lake Lopez and groundwater. The San Luis Obispo County Flood Control and Water Conservation District has developed the Lake Lopez Low Reservoir Response Plan (LRRP), which provides for a series of management procedures that are to be followed when the reservoir level drops below 20,000 acre feet, which includes reduced municipal water deliveries. In addition, significant concerns exist regarding groundwater pumping and the potential for seawater intrusion; and
WHEREAS, on July 8, 2021, Governor Gavin Newsom issued a Proclamation of a State of Emergency, pursuant to the California Emergency Services Act, due to extreme drought in additional counties in the State, including San Luis Obispo County; on July 13, 2021, the San Luis Obispo County Board of Supervisors declared a local drought emergency; and on August 24, 2021, the Board of Supervisors initiated the LRRP for Lake Lopez. Under the LRRP, the City will now be subject to a 10% reduction in Lopez deliveries; and Amended to correct title
Resolution No. 22- Page 2
WHEREAS, as of March 27, 2022, rainfall to date for the period beginning July 1, 2021 was approximately 13 inches at the Lopez Dam rain gauge and based on the severity of the drought, rainfall this year is unlikey to replenish the City’s normal available water supply; and WHEREAS, as of April 2022, Lopez Lake is at 14,122 acre-feet of storage and is expected to fall below the triggering threshold of 10,000 acre-feet by approximately October of 2022; and WHEREAS, California Water Code Section 350 et seq. authorize the governing body of a public water supply distributor to declare that water shortage emergency conditions prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection, and Water Code Section 353 provides that when such a water shortage emergency is declared the governing body shall adopt necessary regulations and restrictions on the delivery and consumption of water; and WHEREAS, the City of Grover Beach is granted authority by Water Code Section 350 et seq. and GBMC Section 7234 to declare a Stage 2 Water Shortage Emergency and adopt by resolution regulations and restrictions on the delivery and consumption of water; and WHEREAS, pursuant to GBMC Section 7234, based upon the foregoing determinations, City staff has recommended that the City Council declare a Stage 2 Water Shortage Emergency and implement reductions in water usage based upon Historical Use, as defined in the adopted Water Shortage Contingency Plan and as further set forth in this Resolution; and WHEREAS, in accordance with the requirements of GBMC Section 7234 and Water Code Sections 351 and 352, a public hearing regarding this declaration was duly noticed and held on May 9, 2022,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does hereby declare, determine, and order as follows:
1. The foregoing Recitals are true, correct and are incorporated herein.
2. Pursuant to GBMC Section 7234 and Water Code Section 350, et seq., and for the reasons set forth herein, the City Council of the City of Grover Beach hereby declares that a Stage 2 Water Shortage Emergency now exists throughout the area served by the City of Grover Beach Water Department and that as a result of severe drought, implementation of the LRRP and the 10 % reduction in water deliveries from Lopez Reservoir, and the imminent falling of Lopez Reservoir levels to below 10,000 acre-feet of storage, that there is or will be impacts on the City’s water supply such that the available water supply is less than projected demand and that the demands and requirements of the City’s water consumers cannot be satisfied without depleting or endangering the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation and fire protection.
3. Based on this condition and on concerns regarding the anticipated prolonged drought conditions, and pursuant to the Grover Beach Municipal Code and the authority in Water Code Section 353, the City Council hereby implements a mandatory 10-percent reductions in water usage based upon Historical Use.
Resolution No. 22- Page 3
4. In accordance with the provisions of GBMC Section 7234, and as further set forth in Exhibit A, all residential water customers shall be assigned a baseline amount of water based upon the amount of water used during the same billing period of the year prior to the adoption of the Stage 1 Water Shortage Condition in December 2021. All residential customers shall reduce water usage by 10 percent. Residential and Commercial customers shall be subject to mandatory penalties for failing to meet required water use reductions, as provided in the adopted Urban Water Management Plan. All other water conservation rules, regulations, restrictions, definitions, enforcement procedures, violation provisions and appeal procedures shall remain in full force and effect.
5. The adoption of this Resolution declaring a Stage 2 Water Shortage Emergency is categorically exempt from the California Environmental Quality Act (“CEQA") pursuant to 15307 of the State CEQA Guidelines (Actions by Regulatory Agencies for Protection of Natural Resources.)
6. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid, such determination shall not affect the validity of the remaining portions of this Resolution.
7. The restrictions and regulations adopted herein shall remain in effect for the duration of the Stage 2 Water Shortage Emergency declared through this Resolution, and until it is rescinded or modified by the City Council. This Resolution shall be effective immediately upon its adoption.
On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 9th day of May, 2022.
JEFF LEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**
CITY OF
GROVER BEACH
WATER SHORTAGE
CONTINGENCY PLAN
DECEMBER 2021
Attachment 2
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City of Grover Beach
Water Shortage Contingency Plan
December 2021
City Council Members
Jeff Lee - Mayor
Karen Bright – Mayor Pro Tem
Anna Miller – Council Member
Daniel Rushing – Council Member
Robert Robert – Council Member
City Staff
Gregory A. Ray, PE – Public Works Director
Lynn Steele Pearson – Administrative Analyst
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City of Grover Beach Water Shortage Contingency Plan December 2021 Page | i
Table of Contents
CHAPTER 1 INTRODUCTION ..................................................................................................................................... 1‐1
1.1 Law................................................................................................................................................................. 1‐1
1.2 City of Grover Beach (City)............................................................................................................................. 1‐1 CHAPTER 2 Water Supply Analysis ........................................................................................................................... 2‐1
2.1 Water Supply Reliability Analysis................................................................................................................... 2‐1
2.2 Annual Water Supply and Demand Assessment Procedures ........................................................................ 2‐2
2.2.1 Assessment Methodology ..........................................................................................................................2‐3
2.2.2 Water Supply Reliability Analysis Timeline.................................................................................................2‐3
2.3 Six Standard Water Shortage Levels.............................................................................................................. 2‐4 CHAPTER 3 Water Shortage Response Actions........................................................................................................ 3‐1
3.1 Shortage Response Actions............................................................................................................................ 3‐1
3.1.1 Demand Reduction ....................................................................................................................................3‐1
3.1.2 Supply Augmentation ................................................................................................................................3‐2
3.1.3 Operational Changes ..................................................................................................................................3‐2
3.1.4 Additional Mandatory Restrictions.............................................................................................................3‐2 CHAPTER 4 Emergency Response Actions................................................................................................................ 4‐1
4.1 Emergency Response Plan ............................................................................................................................. 4‐1
4.2 Seismic Risk Assessment and Mitigation Plan ............................................................................................... 4‐2
4.2.1 Faults, Earthquakes, and Liquefaction........................................................................................................4‐3
4.2.2 Seismic Risk.................................................................................................................................................4‐8
4.2.3 Mitigation ...................................................................................................................................................4‐8 CHAPTER 5 Shortage Response Effectiveness.......................................................................................................... 5‐1
5.1 Communication Protocols.............................................................................................................................. 5‐1 CHAPTER 6 Compliance and Enforcement ............................................................................................................... 6‐1
6.1 Compliance and Enforcement........................................................................................................................ 6‐1
6.2 Legal Authorities............................................................................................................................................ 6‐2
6.3 Financial Consequences of WSCP Activation ................................................................................................. 6‐2 City of Grover Beach Water Shortage Contingency Plan December 2021 Page | ii
6.4 Monitoring and Reporting ............................................................................................................................. 6‐2 CHAPTER 7 WSCP Refinement, Adoption and Submittal ......................................................................................... 7‐1
7.1 WSCP Refinement Procedures....................................................................................................................... 7‐1
7.1.1 Special Water Feature Distinction ..............................................................................................................7‐1
7.2 Plan Adoption, Submittal and Availability ..................................................................................................... 7‐1 List of Tables
Table 2‐1: Climate Change Vulnerability Screening........................................................................................................ 2‐1 Table 2‐2: Key Data Inputs.............................................................................................................................................. 2‐3 Table 2‐3: Water Shortage Contingency Plan Levels...................................................................................................... 2‐5 Table 3‐1: Demand Reduction Actions........................................................................................................................... 3‐1 Table 3‐2: Supply Augmentation and Other Actions...................................................................................................... 3‐2 Table 4‐1: Catastrophic Supply Interruption Actions ..................................................................................................... 4‐1 Table 5‐1: Stages of Water Shortage Contingency Plan – Communication Protocols.................................................... 5‐1 Table 6‐1: Excessive Water Use Penalties and Charges.................................................................................................. 6‐1 Table 7‐1: Notification to Cities and Counties................................................................................................................ 7‐1 List of Figures
Figure 2‐1: Water Supply Reliability Analysis Timeline................................................................................................... 2‐4 Figure 2‐2: Historic Lopez Reservoir Storage Levels....................................................................................................... 2‐6 Figure 2‐3: Crosswalk for the City’s 2015 Shortage Levels and the 2020 WSCP Mandated Shortage Levels ................ 2‐7 Figure 4‐1: Earthquake Fault Line Map........................................................................................................................... 4‐5 Figure 4‐2: Ground Shaking Potential Map .................................................................................................................... 4‐6 Figure 4‐3: Liquefaction Susceptibility Map ................................................................................................................... 4‐7 City of Grover Beach Water Shortage Contingency Plan December 2021 Page | iii
Appendices
Appendix A – Relevant Water Code Sections
Appendix B – Relevant Sections of San Luis Obispo County Local Hazard Mitigation Plan October 2019 Appendix C – Notification to Cities and Counties
Appendix D – WSCP Adoption Resolution
Bibliography
The following reports, studies, and other material were reviewed during preparation of this Water Shortage Contingency Plan.
1) 2020 Urban Water Management Plans Guidebook for Urban Water Suppliers dated March 2021 and prepared by the California Department of Water Resources.
2) 2020 City of Grover Beach Urban Water Management Plan dated August 2021 and prepared by MKN & Associates.
3) San Luis Obispo County Multi‐Jurisdictional Hazard Mitigation Plan dated October 2019 and prepared by Wood Inc.
4) City of Grover Beach Multi‐Hazard Emergency Response Plan dated 2004 and prepared by Grover Beach Fire Department.
City of Grover Beach Water Shortage Contingency Plan December 2021
Page | iv
List of Acronyms
AB ‐ Assembly Bill
AF ‐ Acre‐Foot
AWIA ‐ America’s Water Infrastructure Act
BMP ‐ Best Management Practice
CEHTP ‐ California Environmental Health Tracking Program CASGEM ‐ California Statewide Groundwater Elevation Monitoring Program CII ‐ Commercial, Industrial, Institutional, water use sectors City – City of Grover Beach
CIMIS ‐ California Irrigation Management Information System County – County of San Luis Obispo
CUWCC ‐ California Urban Water Conservation Council
CWC ‐ California Water Code
DMMs ‐ Demand Management Measures
DOF ‐ Department of Finance
DU – Dwelling Unit
DWR ‐ Department of Water Resources
eARDWP ‐ Electronic Annual Reports to the Drinking Water Program (SWRCB) EOC – Emergency Operations Center
ERP ‐ Emergency Response Plan
ETo ‐ Reference Evapotranspiration
GIS ‐ Geographic Information System
GPCD ‐ Gallons per Capita per Day
IC – Incident Commander
IRWM ‐ Integrated Regional Water Management
ITP ‐ Independent Technical Panel
LAFCO ‐ Local Agency Formation Commission
NOAA ‐ National Oceanic and Atmospheric Administration
NPDES ‐ National Pollutant Discharge Elimination System City of Grover Beach Water Shortage Contingency Plan December 2021 Page | v
PWS ‐ Public Water System
RRA ‐ Risk and Resiliency Assessment
RWQCB ‐ Regional Water Quality Control Board
SB ‐ Senate Bill
SB X7‐7 ‐ Senate Bill Seven of the Senate’s Seventh Extraordinary Session of 2009 SGMA ‐ Sustainable Groundwater Management Act
SQ FT – Square Feet
SWP ‐ State Water Project
SWRCB ‐ State Water Resources Control Board
RUWMP ‐ Regional Urban Water Management Plan
UWMP ‐ Urban Water Management Plan
WARN ‐ Water/Wastewater Agency Response Network
WDR ‐ Waste Discharge Requirement
WRR ‐ Water Recycling Requirement
WSCP ‐ Water Shortage Contingency Plan
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City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 1‐1
CHAPTER 1 INTRODUCTION
1.1 Law
This Water Shortage Contingency Plan (WSCP) for the City of Grover Beach (City) outlines a program for responding to water supply limitations. The intent of the water conservation measures and progressive restrictions on water use and method of use identified in this WSCP is to provide certainty to water users and enable the City to control water use, provide water supplies, and plan and implement water management measures in a fair and orderly manner for the benefit of the public.
In 2015, in accordance with the Governor of the State of California mandate (Executive Order B‐29‐15), the City revised declaration of a stage 2 water shortage condition and prohibitions on the wasteful use of water. The City updated and amended the WSCP in June 2021 to meet the new requirements of the 2020 UWMP update.
This WSCP describes measures to be implemented during times of declared water shortages, or declared water shortage emergencies by either the City , State or Federal government. It establishes six stages of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to decreasing available supplies.
1.2 City of Grover Beach
The City of Grover Beach (City) is an incorporated city of 13,214 residents located in southern San Luis Obispo County with the neighboring communities of City of Pismo Beach to the north, the City of Arroyo Grande to the east, and the communities of Oceano and Halcyon to the south. The City currently incorporates 2.3 square miles of land with primarily residential and commercial land uses. City topography varies from sea level to greater than 200 feet above mean sea level. The 2020 population of the City was 13,214 based on data from the Department of Finance (DOF). Population projections were based on the San Luis Obispo Council of Governments’ (SLOCOG) draft 2050 Regional Growth Forecast for San Luis Obispo County Population, Housing, and Employment Projections. All 5,278 connections to the City’s water system are metered.
The City has a variety of water sources including groundwater and imported surface water. The City extracts groundwater from the Santa Maria Valley Groundwater Basin. The City’s current allocation under the basin’s Division of Safe Yield is 1,407 AF. Additionally, the City receivesimported treated surface water from the Lopez Water Treatment Plant. The City’s current contract entitlement is 800 AF.
Relevant sections of the water code as related to the WSCP are included in Appendix A.
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City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 2‐1
CHAPTER 2 WATER SUPPLY ANALYSIS
2.1 Water Supply Reliability Analysis
The City has never sought additional water sources to meet demands in the past 5 years, regardless of regional hydrology. Therefore, there is no basis in the hydrologic record for reducing supply reliability based upon single and/or multiple dry year conditions when imported water supply is available in addition to historical groundwater production.
Given historical pumping volumes, the level of pumping has reached a state of stability in the groundwater basin and there would be some uncertainty in pumping volumes over 500 AFY.
To supplement this statement, the City developed Table 2‐1, which involved a preliminary climate change vulnerability screening (including impacts from extreme heat, water quality, sea level rise, flooding, and wildfire) for its water supplies.
Table 2‐1: Climate Change Vulnerability Screening
Assessment Imported Water
– Lopez
Groundwater –
Santa Maria
Valley
Groundwater
Basin
Level of Risk Level of Risk
I. Water Supply and Demand
Are the water supply diversions sensitive to climate
change? 2 2
Is the water supply source affected by urban or
agricultural water demand that might be climate
sensitive?
2 2
Is groundwater a major supply source? Not applicable 3
Does the water supply source rely on or could it be
affected by snowmelt? Not applicable Not applicable
Does the water supply source come from or could it
be affected by coastal aquifers? Has saltwater
intrusion been a problem in the past?
Not applicable 2
Does the water supply source rely on or could it be
affected by changes in stored water supplies? 3 2
II. Extreme Heat
Could extreme heat impact operations of the water
supply project or diversions? Not applicable Not applicable Does the supply source rely on equipment or
infrastructure that could be impacted by extreme or
prolonged heat?
Not applicable Not applicable
III. Water Quality
Could water quality issues, such as low dissolved
oxygen, algal blooms, disinfectant biproducts affect
the water supply source?
1 3
City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 2‐2
Table 2‐1: Climate Change Vulnerability Screening
Assessment Imported Water
– Lopez
Groundwater –
Santa Maria
Valley
Groundwater
Basin
Level of Risk Level of Risk
Could reduction in assimilative capacity of a
receiving water body affect the water supply
source?
1 3
Could the water supply source be affected by water
quality shifts during rainfall/runoff events? 1 1
IV. Sea Level Rise
Is any of the water supply source infrastructure
located in area that could be exposed to rising
tides?
Not applicable Not applicable
Could coastal erosion affect the water supply
source? Not applicable Not applicable
Is the water supply source dependent on coastal
structures, such as levees or breakwaters, for
protection from flooding?
Not applicable Not applicable
V. Flooding
Is the water supply or any of its associated
infrastructure located within the 200‐year
floodplain? Does the water supply source rely on
flood protection infrastructure such as levees or
dams?
Not applicable Not applicable
VI. Wildfire
Is the water supply source located in an area that is
expected to experience an increase in wildfire
activity or severity? Would a wildfire result in
damage to the water supply source infrastructure or
interruption of its ability to perform as designed?
Could the water supply source be affected by an
increase in wildfire activity or severity in an
upstream watershed or other adjacent area?
1 Not applicable
Notes: Level of Risk: 1 ‐ low, 3‐medium, 5‐high
2.2 Annual Water Supply and Demand Assessment Procedures In accordance with CWC 10632, the City will conduct an annual water supply and demand assessment, or annual assessment, and submit to the State by July 1st of each year.
The City will determine if a shortage in supply exists and declare the appropriate water shortage level based on the findings. The City will draft and prepare a written report that discusses the results of the annual water supply and demand assessment, what water shortage level and shortage response actions are to be implemented and issue the appropriate communication to customers and local governments. A copy of the annual report will be submitted to the City Council members ahead of the meeting for review. The City Council will listen to the findings and recommendations City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 2‐3
outlined in the report and vote to approve and implement the actions described in the annual report at a May Council meeting to allow sufficient time to submit the approved report to the State before the July 1st deadline.
The Water Shortage Contingency Plan team will consist of the City Manager and Public Works Director. The team will draft and prepare the annual water supply reliability analysis report. The report will use the key data inputs and methodology described in Table 2‐2 to determine the unconstrained demand, infrastructure capabilities, available water supply and reliability for the current year and one dry year.
Table 2‐2: Key Data Inputs
Key Input: Data: Description:
Previous year
Customer
Demand and
Available Supply
Public Water System
Statistics Sheet (DRW
sheet)
The water statistics sheet is prepared by the City‘s Public Works Director in January for the previous year. The statistics sheet will be used to calculate water supply by source and show unconstrained water demand.
Projected Water
Supply
Well Production
History Worksheet
This worksheet is prepared by the City‘s Public Works Director and is updated each year. This worksheet provides the monthly production totals for each well. This will be used to help determine water supply reliability.
Infrastructure
Considerations
Annual Project List and
Schedule
This list will be prepared by the City’s Public Works Director and describes all the planned City projects for the year. The annual project list will be used to assess infrastructure capabilities and any potential constraints to the water system.
2.2.1 Assessment Methodology
The City will enact water shortage response actions when yearly “Blended Average Rainfall Amount” falls substantially below “Benchmark” for a given time. “Blended Average Rainfall Amount” is the average of “yearly” measured rainfall at the two official locations and “Benchmark” is the blended average of 20 inches of rainfall during a rainfall season. A dry year will be defined as a year where the rainfall condition is 65% of “Benchmark” rainfall or a quarterly “Monitoring Report” raises the concern of potential sea water intrusion and corresponds to a stage 1 water shortage level in Table 2‐3. The City will take the following steps to evaluate the water supply and demand:
1. Evaluate Water Supply: The Public Works Director monitors water supply and availability at least on a seasonal basis. Lopez Reservoir volume will be evaluated, as well as groundwater production data.
2. Calculate Unconstrained Customer Demand: Using the Public Water System Statistics Sheet calculate the total water delivered the previous year.
3. Planned Water Use for Current Year Considering Dry Year: Compare the available water supply and the customer demand and determine if there is an expected water shortage.
4. Compare supply and demand and decide on level of water supply reliability for current year and one dry year. Then, declare a water shortage level and issue relevant communication, if necessary.
2.2.2 Water Supply Reliability Analysis Timeline
The City will start to evaluate the water supply availability in January and will submit the report to Council in June of each year to allow sufficient time to submit the approved report to the State before the July 1st deadline. Figure 2‐1 shows the suggested timeline for completing the water supply reliability analysis.
City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 2‐4
Figure 2‐1: Water Supply Reliability Analysis Timeline
2.3 Six Standard Water Shortage Levels
This WSCP identifies water conservation measures and progressive restrictions on water use to provide certainty to water users and to enable the City to control water use, provide water supplies, and plan and implement water management measures in a fair and orderly manner for the benefit of the public in accordance with CWC §10632(a)(3).
This WSCP establishessix (6)stages of drought response actionsto be implemented in times ofshortage, with increasing restrictions on water use in response to decreasing supplies. This WSCP includes both voluntary and mandatory water use reductions depending on the causes, severity, and anticipated duration of the water supply shortage. Water use reduction stages may be triggered by a shortage or contamination in one water source or a combination of sources or City Council
Finalize assessment based on surface water
delivery allocations and groundwater
conditions
Present final report and recommendations to
City Council
City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 2‐5
during times that a shortage is declared by the City, State, or Federal government. The City’s potable water sources are groundwater and imported surface water. Because shortages overlap stages, triggers could result in implementation of the more restrictive stage. Specific criteria for triggering the City’s water use reduction stages are shown in Table 2‐3.
Table 2‐3: Water Shortage Contingency Plan Levels
Reduction
Level
Percent
Reduction
Range
Shortage Response Actions
1 Up to 10%
Voluntary compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <25,000 AF
‐ Quarterly sentry well level reading below the deep well index ‐ Below average rainfall for 1 year
2 Up to 20%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <20,000 AF
‐ 4 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐ Below average rainfall for 2 year
3 Up to 30%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <15,000 AF
‐ 4 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐Below average rainfall for 3 year
4 Up to 40%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <10,000 AF
‐ 5 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐Below average rainfall for 4 year
5 Up to 50%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <5,000 AF
‐ 6 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐ Below average rainfall for 4 year
6 >50%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <4,000 AF
‐ Seawater intrusion into groundwater basin
‐ Catastrophic or emergency supply interruption
‐ Rainfall below average for 5 or more years
As identified in Table 2‐3, Lopez Reservoir storage volumes are one of the triggers of each shortage level. Figure 2‐2 demonstrates historic storage volumesin comparison to the 15,000 AF trigger level that would enact a Stage 3 shortage level.
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City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 2‐7
Figure 2‐3 provides a crosswalk that shows the City’s water shortage levels to those mandated by statute.
Figure 2‐3: Crosswalk for the City’s 2015 Shortage Levels and the 2020 WSCP Mandated Shortage Levels Stages from 2015 UWMP Crosswalk 2020 WSCP Mandated Shortage Levels Shortage
Level
Percent
Supply
Reduction
Water Supply
Condition
Shortage
Level
Percent
Supply
Reduction
Water
Supply
Condition
Mandatory
compliance
with water
savings
measures
1 0% ‐ Lopez Reservoir
<25,000 AF
1 0% to 10% Normal
Voluntary,
always in
place
2 0%‐10% ‐ Lopez Reservoir
<20,000 AF
2 10% to
20%
Slightly
Restricted
Mandatory
compliance
3 10%‐20% ‐ Lopez Reservoir
<15,000 AF
3 20% to
30%
Moderatel
y
Restricted
Mandatory
compliance
4 20%‐30% ‐ Lopez Reservoir
<10,000 AF
4 30% to
40% Restricted Mandatory
compliance
5 30%‐40%
‐ Lopez Reservoir
<5,000 AF 5
40% to
50%
Severely
Restricted
Mandatory
compliance
6 40%‐50%
‐ Lopez Reservoir
<4,000 AF 6 50% and
above
Extremely
Restricted
Mandatory
compliance
City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 3‐1
CHAPTER 3 WATER SHORTAGE RESPONSE ACTIONS
3.1 Shortage Response Actions
3.1.1 Demand Reduction
Table 3‐1 summarizes the restrictions and prohibitions on end uses during each stage of water shortage response implemented by the City in accordance with CWC §10632(a)(4)(B). The shortage response actions are aligned to the six water shortage levels with the goal of reducing the gap between supply and demand by the required amount per level.
Any violations of the adopted mandatory water conservation measures constitute a violation of Section 7202 and is subject to the remedies identified in Chapter 4, Art. 1 of this Code.
Table 3‐1: Demand Reduction Actions
Shortage
Level Demand Reduction Actions
Estimated Extent
of Reducing the
Water Shortage
Gap
Penalty,
Charge, or
Other
Enforcement?
1 Education for water conservation methods. Low No
1 Public outreach for voluntary reduction in water use by 15% Low No 2 Landscape ‐ Restrict or prohibit runoff from landscape irrigation Medium Yes 2 Other – Household water use allocation reductions High Yes 3 Other ‐ Prohibit use of potable water for construction and dust control
High Yes
3 Other – Household water use allocation reductions High Yes 3 Landscape ‐ Prohibit certain types of landscape irrigation Medium Yes 4 Other ‐ Prohibit use of potable water for construction and dust control
Low Yes
4 Other – Household water use allocation reductions Low Yes 4 Landscape ‐ Prohibit certain types of landscape irrigation Medium Yes 5 Other ‐ Prohibit use of potable water for construction and dust control
High Yes
5 Other – Household water use allocation reductions Medium Yes 5 Landscape ‐ Prohibit certain types of landscape irrigation High Yes 6 Other ‐ Prohibit use of potable water for construction and dust control
High Yes
6 Other – Household water use allocation reductions High Yes 6 Landscape ‐ Prohibit certain types of landscape irrigation High Yes City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 3‐2
3.1.2 Supply Augmentation
Table 3‐2 summarizes the restrictions and prohibitions on end users during each stage of water shortage responses implemented by the City in accordance with CWC §10632(a)(4)(A).
Table 3‐2: Supply Augmentation and Other Actions
Shortage
Level
Supply Augmentation Methods and Other Actions by
Water Supplier
Estimated Extent of
Reducing the Water
Shortage Gap
Penalty, Charge,
or Other
Enforcement?
All Stages Expand Public Information Campaign Low No
All Stages Notify all Customers of the Water Shortage Low No Stage 4 Investigate Emergency Water Supply Options High No 4 to 6 Begin implementation and/or Develop Agreements
with Nearby Agencies/Water Suppliers High No
4 to 6 Develop Media Campaign to Promote Water
Conservation (Channel 20) High No
3.1.3 Operational Changes
In the event of an extreme water shortage, the City will implement some or all of the following operational changes in accordance with CWC §10632(a)(4)(C) and §10632.5(a):
The City shall provide prompt notice to customer whenever the City obtains information that indicates a leak may exist within the end‐user’s exclusive control. Evaluate maintenance procedures and alter if needed to reduce operation use of water loss. Evaluate infrastructure repairs, and complete if possible, to reduce operation use of water loss.
3.1.4 Additional Mandatory Restrictions
The City’s customers shall comply to the mandatory water shortage response actions listed in Table 3‐1 associated with a level 3 or higher watershortage event in accordance with §10632(a)(4)(D). In the event of a watershortage emergency or severe drought, the City may enact additional mandatory restrictions:
Provide technical information to customers on means to promote water use efficiency City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 4‐1
CHAPTER 4 EMERGENCY RESPONSE ACTIONS
4.1 Emergency Response Plan
A catastrophic event may result in a complete loss of watersupplies for a temporary period lasting from a day to a week or more. Examples of catastrophic events include earthquakes, widespread power outage, contamination, long‐term drought, or loss of imported supplies. In the event of a sudden and catastrophic loss of water supply, such as in the case of a regional power outage or earthquake that damages City water infrastructure, the City will initially rely on water supply contained in the City’s storage reservoirs to deliver water directly to customers. If the water supply interruption continues or is expected to continue for an extended period, the City will contact neighboring water suppliers and implement a transfer of water supply using existing system interconnections to the extent that neighboring suppliers have sufficient supplies available for transfer. These initial actions will allow the City to provide water for basic health and safety needs to City’s water customers until the magnitude and duration of the catastrophic water supply interruption is determined and local emergency response plans can be enacted. Additionally, the City will provide alerts and recommendations to water customers via social media, the City’s website and the City’s information channel (Channel 20).
In the event of a catastrophic emergency the City will immediately declare and enact an appropriate water shortage level and response actions, shown in Table 3‐1. The UWMP Act requires a catastrophic supply interruption plan. The City’s current Multi‐Hazard Emergency Response Plan was used as a basis for the catastrophic supply interruption plan.
This plan looks at the vulnerability of each source and distribution system to events such as wildfires, flooding, earthquakes, landslides, rockslides, other natural disasters, and unforeseen emergencies. The actions taken to address each catastrophe are presented in Table 4‐1 below:
Table 4‐1: Catastrophic Supply Interruption Actions
Possible Catastrophe Summary of Actions
Power Outage
The City’s initial actions will be to determine if the outage is local to the water system or regional and then determine the estimated duration of the outage.
If deemed necessary, and dependent on the anticipated duration of the outage, backup power generators will be connected to the City’s wells and water treatment facilities to restore operations.
The source of the outage should be remedied as quickly as possible, however, if power cannot be returned quickly and could result in an eventual loss of supply to water customers, the City will enact secondary actions including notifying water customers of the supply interruption using the same information and procedures used for localized water losses and water main failures which include recommendations to store water and boil tap water if appropriate, use of the City’s water storage reservoirs to provide potable water directly to water customers and/or identification of a location where emergency water supplies can be obtained by customers.
Earthquake/ Fault
Rupture/ Liquefaction
The first action in the event of an earthquake is to perform a system audit to determine the extent of damage to the City’s water infrastructure and treatment processes.
If the earthquake results in an eventual loss of supply to water customers, the City will enact secondary actions including notifying water customers of the supply interruption using the same information and procedures used for localized water losses and water main failures which include recommendations to store water and boil tap water if appropriate, use of City of Grover Beach Water Shortage Contingency Plan December 2021 Page | 4‐2
Table 4‐1: Catastrophic Supply Interruption Actions
Possible Catastrophe Summary of Actions
the City’s water storage reservoirs to provide potable water directly to water customers and/or identification of a location where emergency water supplies can be obtained by customers.
Within two hours of initial earthquake, the Planning Section Chief will request the Situation and Resource Unit leaders to prepare a report on the best available damage information.
Based on the report, the command staff will evaluate information and discuss strategies for action
For water disruptions, Public Works will coordinate Citywide survey of damage to water systems.
If water pipes are broken, shut off the main valve which brings water into the house.
If water is off, emergency water may be obtained from water heaters. Mission includes identifying areas of disruption, estimating repair times, coordinating repairs and coordinating restoration of service with Operations Section at Emergency Operations Center (EOC)
Hazardous Materials Spill
When potential hazardous emergency occurs, any person should contact 911 Person should provide location of incident, nature of problem, known information regarding hazardous material, name and call back number of reporting party
Upon the Incident Commander’s (I.C.) confirmation, the Public Treat all materials as hazardous until identified and confirmed Stay uphill and up‐wind of material and adjusting as necessary. Establish Exclusion Zone and Hazard Reduction Zone
Establish site for Command Post in the Support Zone at safest edge of Hazard Reduction Zone
Establish communications and liaison with other first responding agencies Insure that staging areas and a secure perimeter isolating the zones are established
Insure compliance with standing hazardous material safety orders by all emergency personnel
Identify true nature of hazardous material safety, using Attachment II. G, “Hazardous Material Situation Report”
Assess immediate rescue, medical, fire suppression, temporary containment and evacuation needs within current resource and safety capabilities. Upon confirmation that material is hazardous, contact CHP dispatcher to make mandatory notifications
Request additional resources that may be needed such as: additional city units, County Hazardous Materials Team, Chemist, mutual aid units, etc.
4.2 Seismic Risk Assessment and Mitigation Plan
The City’s water service area covers approximately 2.3 square miles. The water system is comprised of approximately 48 miles of pipeline, three storage reservoirs, one pumping station, and 5,278 metered connections. The City’s well system consists of four wells and chlorination facilities. The City topography varies from sea level to greater than 200 feet above mean sea level.
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The County of San Luis Obispo developed a Multi‐Jurisdictional Hazard Mitigation Plan (Hazard Plan), which evaluated seismic risk within the City’s service area. The following sections provide a summary of the general findings from the Hazard Plan with respect to potential impacts from earthquakes, faults, and liquefaction within the City’s service area.
4.2.1 Faults, Earthquakes, and Liquefaction
Per the Hazard Plan, the following provides a description of major faults within the County of San Luis Obispo:
The California Geological Survey (CGS) is charged with recording and mapping faults throughout California. The Alquist‐Priolo Earthquake Fault Zoning (AP) Act was passed into law following the destructive February 9, 1971
6.6 San Fernando earthquake. The AP Act provides a mechanism for reducing losses from surface fault rupture on a statewide basis. The intent of the AP Act isto insure public safety by prohibiting the siting of moststructures for human occupancy on or near active faults that constitute a potential hazard to structures from surface faulting or fault creep. Fault zoning is continually updated and reviewed by CGS and it is likely that other faults in addition to those currently listed by CGS will be added to the list in the future. The primary active faults identified by the AP Act in the County include the San Andreas, San Simeon‐Hosgri, and Los Osos faults.
San Andreas Fault: The San Andreas is a historically active fault thought to be capable of an earthquake up to and above the 8.0 magnitude range and generally runs along the eastern county border. It enters the County near the Cholame area, passes through the Carrizo Plain, and exits the county near Maricopa. As it passes through the County, three relatively distinct portions of the fault have separate potentials for causing a damaging earthquake. The portion of the fault that runs from Monterey County into San Luis Obispo County to an area near Cholame has commonly been known as the Parkfield segment of the San Andreas fault system.
That portion of the fault system is the one that has an approximate 5.6 – 6.0 magnitude earthquake from time to time. A segment of the system that runs from approximately the Cholame area to about the northern edge of the Carrizo Plain area has been commonly known as the Cholame segment. The portion running from the northern Carrizo Plain area and out of the County into Kern County has been commonly known as the Carrizo segment.
It is believed that in 1857 a large (possible 7.8 or larger) earthquake occurred on the San Andreas fault that possibly originated in the Parkfield area and stretched along the fault to the area near San Bernardino. This is perhaps an illustration of the potential for the San Andreas to cause a very powerful earthquake and the need to be prepared.
A major earthquake along any section of the San Andreas Fault could result in serious damage within San Luis Obispo County. An earthquake of 8.0 or greater magnitude would result in severe ground motion and could cause damage throughout the County.
With respect to the City, the only mapped fault is the potentially active Wilmar Avenue fault described below based on the Hazard Plan:
The Wilmar Avenue fault is exposed in the sea cliff near Pismo Beach and the buried trace of the fault is inferred to strike northwest‐southeast generally along a portion of the northern city limits for Grover Beach. The Wilmar Avenue fault is considered potentially active and presents a moderate fault rupture hazard to the City. Further studies to evaluate the activity of the fault are warranted, prior to placing structures near the mapped fault traces.
In addition, the Hazard Plan also provides a description of liquefaction susceptibility specifically within the City:
The areas of Grover Beach that have a high potential to be underlain by potentially liquefiable sediments are those areas underlain by beach and young alluvium. High ground water levels can be expected near the Pacific Ocean and adjacent to Meadow Creek. Site specific studies are needed to evaluate if a geologic unit actually contains potentially liquefiable materials, and if they require mitigation for development.
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Figure 4‐1 provides an overview of the primary active earthquake fault lines described, Figure 4‐2 provides an overview of ground shaking potential across the County, and Figure 4‐3 provides an overview of liquefaction susceptibility.
Relevant sections of the Hazard Plan are included as Appendix B.
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4.2.2 Seismic Risk
Portions of the City are underlain by layers of unconsolidated sand and young alluvium which have a high potential to become liquefied during ground shaking events. The HMP identified 23 of the City’s facilities to be critical facilities. 12 critical facilitiesfall within Liquefaction Risk Areas. Overall, residential properties are at the greatest risk of liquefaction.
4.2.3 Mitigation
In the event of a system disruption to existing water supplies from an earthquake, fault rupture, or liquefaction response actions are described in City’s emergency response plan included in Appendix B.
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CHAPTER 5 SHORTAGE RESPONSE EFFECTIVENESS
All watershortage response actions are intended to reduce the water demand below the available watersupply, during a water shortage event. To ensure that all water response actions are effective in reducing the demand to the level necessary, the City will routinely monitor water production levels monthly. If the shortage response actions are not effective in reducing water consumption to the required level, the City will refine and update the water shortage response actions until effective.
5.1 Communication Protocols
The City will inform the public, and the necessary local, regional, and state government entities regarding any current or predicted water shortages based on the results of the Annual Water Supply and Demand Assessment in accordance with CWC §10632(a)(5). The City will also notify all necessary entities of any shortage response actions mandated in response to the Annual Assessment.
In the event of a watershortage due to an emergency the City will follow emergency communication protocols outlined in the Emergency Response Plan as described by Section 4.1.
Table 5‐1: Stages of Water Shortage Contingency Plan – Communication Protocols Shortage
Level Communication Protocol and Procedure Recipient to be notified 1 General conservation measures and resources will be distributed through a media campaign to promote water conservation (incl.
Channel 20) and expand conservation programs such as low‐flow toilet rebates.
Public
2 Bill stuffers will be distributed to all customers that inform of the Stage 2 status and mandatory water shortage response actions. The Stage 2 water shortage response actions will be included in the newsletter.
Public
3 Bill stuffers will be distributed to all customers that inform of the Stage 3 status and mandatory water shortage response actions. The Stage 3 water shortage response actions will be included in the newsletter.
Public and all government
entities
4 Bill stuffers will be distributed to all customers that inform of the Stage 4 status and mandatory water shortage response actions. The Stage 4 water shortage response actions will be included in the newsletter.
Public and all government
entities
5 Bill stuffers will be distributed to all customers that inform of the Stage 5 status and mandatory water shortage response actions. The Stage 5 water shortage response actions will be included in the newsletter.
Public and all government
entities
6 Bill stuffers will be distributed to all customers that inform of the Stage 6 status and mandatory water shortage response actions. The Stage 6 water shortage response actions will be included in the newsletter.
Public and all government
entities
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CHAPTER 6 COMPLIANCE AND ENFORCEMENT
6.1 Compliance and Enforcement
The following compliance and enforcement actions to be taken by the City under a declared water shortage condition were developed in accordance with CWC §10632(a)(6).
The WSCP imposes penalties at various shortage stages including house call warnings and disconnection. Any fines or penalties under the WSCP are subject to the provisions of the City’s Mandatory Water Conservation Ordinance No. 21‐
02. Table 6‐1 summarizes the compliance measures that the City may implement during a declared water shortage.
The City Council has determined that the surcharges listed below reasonably compensate the City and its customers for all loss of water and other damages incurred and as will foster water conservation withing the service area. The City will implement the following penalties and charges for excessive water use within its service areas:
Table 6‐1: Excessive Water Use Penalties and Charges
Shortage
Level Violation Notices and Surcharges
2‐6 1st Imposition of increasingly significant penalties so as to create a meaningful incentive to reduce water use.
2‐6 2nd
Any person who knowingly and willfully violates the provisions in the City’s Municipal code is will be charged with an infraction in accordance with subsection 1204. An infraction under the provisions of the Code shall be punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year of the date of the first violation; (3) a fine not exceeding five hundred dollars ($500.00) for a third or subsequent violation of the same provision within one year of the date of the first violation.
It should be noted that for the purposes of the UWMP, a first violation will receive a warning and a second violation will be treated as the first violation subject to penalty.
4‐6 3rd
A third orsubsequent violation of the same provision within one year of the date of the first violation may be charged as a misdemeanor and may result in the installation of a flow restriction device or disconnection of the customer’s property from the City’s waterservice system at the customer’s cost. In addition to any penalties, misdemeanor criminal prosecution and the installation of a water flow restrictor, during a Water Shortage Emergency the Director may disconnect a customer’s water service for willful violations of mandatory restrictions and regulations in the City’s Municipal Code. 4‐6 4th and Subsequent
A person or entity that as a result of violations of Municipal Code has a flow restrictor installed or water service disconnected is responsible for payment of charges for installing and/or removing the flow‐restricting device and for disconnecting and/or reconnecting service in accordance with the City’s fee schedule then in effect. The charge for installing and/or removing any flow restricting device must be paid before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.
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6.2 Legal Authorities
The City is governed by a five (5) member City Council Members. The Mayor is directly elected for a two‐year term and the office of Council Members is a four‐year term. The City Council has the legal authority to implement and enforce any and all of the water shortage response actions of this WSCP. Additionally, the City has the legal authority to enact civil citations and penalties in accordance with the City’s Municipal Code and most recent ordinance and resolution update.
In the event of a water shortage emergency where the ordinary demands and requirements of the City’s customers cannot be satisfied without depleting the City’s water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection the City’s Council Members shall declare a water shortage emergency and implement and enforce the corresponding water shortage response actions in accordance with CWC Division 1, §350.
If the City Council Members declare a water shortage emergency, the City shall coordinate with the County of San Luis Obispo to issue a proclamation of a local emergency in accordance with CWC §10632(a)(7)(D).
6.3 Financial Consequences of WSCP Activation
The majority of operating costs for most water agencies are fixed rather than a function of the amount of water sold.
As a result, when significant conservation programs are undertaken, it is frequently necessary to raise water rates because the revenue generated is based on lower total consumption while the revenue required to operate and maintain the water system is basically fixed. The City may choose to adopt a drought water rate structure via a Proposition 218 process for Stages 4 and higher. The City’s WSCP describes that to counteract the financial impact of conservation during a declared water shortage.
6.4 Monitoring and Reporting
The City will monitor, analyze, and report on water production and use data in accordance with CWC §10632(a)(9).
All of the City’s customer connections are metered. Meter classes include single‐family residential, multi‐family residential, mixed use, commercial, industrial, and landscape. Meters are manually read on a monthly basis.
Under all water supply conditions, potable water production figures are recorded daily by Water Treatment Operators.
Totals are reported weekly to the Director of Public Works. The Director of Public Works incorporates the information into a monthly water supply /demand report to the City Council.
During a Stage 1 or Stage 2 watershortage, the Director of Public Works comparesthe monthly production to the target monthly production to verify that the reduction goal is being met. The Director of Public Works presents monthly reports to the City Council. If reduction goals are not met, the Director of Public Works will notify the City Council so that corrective action can be taken.
During a Stage 3 water shortage or Stage 4, the procedure listed above are followed, with the addition of a bi‐monthly production report to the City Council.
During a Stage 5, 6, or an emergency event, reports will also be provided weekly to the City Council. During emergency shortages, production figures are reported to the Director of Public Works regularly or as needed.
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CHAPTER 7 WSCP REFINEMENT, ADOPTION AND SUBMITTAL
7.1 WSCP Refinement Procedures
The WSCP is intended to implement water shortage mitigation strategies that can quickly and effectively reduce water demand during a water shortage event in accordance with CWC §10632(a)(10). The water shortage response actions listed in Table 3‐2 will be routinely monitored as outlined above. If shortage response actions are not effective in meeting the required water use reduction the City Council will have the ability to amend the WSCP as deemed necessary.
7.1.1 Special Water Feature Distinction
The City specifically distinguishes between “Decorative Water Features” and all other water features. In the event of a water shortage potable water use for decorative water features such as fountains is prohibited, and only re‐circulated water can be used to operate ornamental fountains or other decorative water features.
7.2 Plan Adoption, Submittal and Availability
The Notice of the public hearing, held during the November 2021 City Council meeting at City’s office, was sent to the City of Arroyo Grande, City of Pismo Beach, Oceano Community Services District and County of San Luis Obispo on December 2021, in accordance with CWC §10632(a)(c). A copy of the letters from the City to the Cities and County are included in Appendix C of this WSCP.
Table 7‐1: Notification to Cities and Counties
City Name 60 Day Notice Notice of
Public Hearing
City of Arroyo Grande
City of Pismo Beach
County Name 60 Day Notice Notice of
Public Hearing
San Luis Obispo County
A public adoption hearing was held on December 2021 at City’s office. The public hearing provided opportunity for community input. The WCSP update was adopted by the City during the December 2021 City Council meeting by approval of Resolution 2021‐XX. A copy of the resolution can be viewed in Appendix D.
Within 30 days of adoption, the City will submit the WSCP update to the DWR for review. During the DWR review process the City will coordinate with DWR reviewers as necessary. The City will use the online submittal tool located at www.wuedata.water.ca.gov.secure/ developed by the DWR to electronically submit the WSCP update.
Within 30 days of adoption, the City willsubmit a CD of the adopted WSCP to the California State Library at the following address:
California State Library
Government Publications Section
P.O. Box 942867
Sacramento, CA 94237‐001
Attention: Coordinator, Urban Water Management Plans
Within 30 days of adoption, the City will submit an electronic copy of the adopted WSCP update to the City of Arroyo Grande, the City of Pismo Beach, Oceano Community Services District and the County of San Luis Obispo electronically in accordance with CWC Section 10632(a)(c).
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Commencing no later than December 2021, the City will have a copy of the WSCP update available for public review at the City’s office (see address below) during normal business hours and the City’s website https://www.groverbeach.org/.
City of Grover Beach
154 S 8th Street
Grover Beach, CA 93433
Phone – 805.473.4568
Appendix A‐ Relevant Water Code Sections
CHAPTER 1 INTRODUCTION
Law
CWC 10632
(a) The plan shall provide an urban water shortage contingency analysis that includes each of the following elements that are within the authority of the urban water supplier.
Law
CWC 10632(a)(2)
The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decision‐making process that an urban water supplier will use each year to determine its water supply reliability.
(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier.
(iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
(v) A description and quantification of each source of water supply.
CWC 10632.1.
An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year,submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later.
CHAPTER 2 WATER SUPPLY ANALYSIS
Law
CWC 10631 (b)
Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier [in five‐ year increments to 20 years or as far as data is available]1 providing supporting and related information, including all of the following:
(1) A detailed discussion of anticipated supply availability under a normal water year,single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment.
For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change. (2) When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies.
(3) For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies.
CWC 10631 (h)
An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five‐year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water asrequired by subdivision (b), available from the wholesale agency to the urban water supplier over the same five‐year increments, and during various water‐year typesin accordance with subdivision (f). An urban watersupplier may rely upon watersupply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).
Law
CWC 10632(a)(3)
(A) Six standard watershortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percentshortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events. (B) An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross‐reference relating its existing categories to the six standard water shortage levels.
CHAPTER 3 WATER SHORTAGE RESPONSE ACTIONS
Law
CWC 10632
(a)(1) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions which are applicable to each stage.
(a)(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:
(A) Locally appropriate supply augmentation actions.
(B) Locally appropriate demand reduction actions to adequately respond to shortages. (C) Locally appropriate operational changes.
(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state‐mandated prohibitions and appropriate to the local conditions.
(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.
CHAPTER 4 EMERGENCY RESPONSE ACTIONS
Law
CWC 10632.5. (a)
In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities.
(b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621.
(c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106‐390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk.
CHAPTER 5 SHORTAGE RESPONSE EFFECTIVENESS
Law
CWC 10632 (a)(5)
Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.
CHAPTER 6 COMPLIANCE AND ENFORCEMENT
Law
CWC 10632 (a)(7)
(A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.
(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1. [see below] (C) A statement that an urban watersuppliershall coordinate with any city or county within which it provides watersupply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.
CWC Division 1, Section 350
Declaration of water shortage emergency condition. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.
Law
CWC 10632 (a)(8)
A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:
(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.
Law
CWC 10632 (a)(9)
For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.
Law
CWC 10632 (b)
For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water featuresthat are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.
CHAPTER 7 WSCP REFINEMENT, ADOPTION AND SUBMITTAL
Law
CWC 10621
(e) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021… CWC 10644
(a)(1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption. (a)(2) The plan, or amendments to the plan, submitted to the department… shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department.
CWC 10635
(c) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within which it provides water supplies no later than 60 days after the submission of its urban water management plan.
Appendix B‐ County of San Luis Obispo Local Hazard Mitigation Plan San Luis Obispo County
Multi-Jurisdictional Hazard Mitigation Plan
October 2019
wood.
Table of Contents
TABLE OF CONTENTS
Section 1 Promulgation and Adoption............................................................................................. 1-1
1.1 County of San Luis Obispo Board of Supervisors 2005 Adoption........................................ 1-1
1.2 County of San Luis Obispo Board of Supervisors 2011 Adoption........................................ 1-2
1.3 San Luis Obispo County Flood Control and Water Conservation District 2013 Adoption ................................................................................................................................................................................ 1-3
1.4 County of San Luis Obispo Board of Supervisors 2013 Adoption........................................ 1-4
1.5 County of San Luis Obispo Board of Supervisors 2019-2020 Plan Adoption Resolution ................................................................................................................................................................................ 1-4 Section 2 Executive Summary ............................................................................................................ 2-1
2.1 Plan Description ....................................................................................................................................... 2-1
2.2 Plan Purpose and Authority ................................................................................................................. 2-2 Section 3 Planning Process ................................................................................................................. 3-1
3.1 Background on Mitigation Planning in San Luis Obispo County ......................................... 3-1
3.2 What’s New in the Plan Update ......................................................................................................... 3-1
3.2.1 Changes in Jurisdictional Participation .......................................................................... 3-2
3.2.2 Plan Section Review and Analysis - 2019 Update ..................................................... 3-2
3.3 Local Government Participation ......................................................................................................... 3-5
3.4 Planning Process ...................................................................................................................................... 3-
3.4.1 Phase 1: Organize Resources ............................................................................................. 3-8
3.4.2 Phase 2: Assess Risks ........................................................................................................ 3-
3.4.3 Phase 3: Develop the Mitigation Plan ........................................................................ 3-2
3.4.4 Phase 4: Implement the Plan and Monitor Progress ............................................ 3-22 Section 4 San Luis Obispo County Profile ........................................................................................ 4-1
4.1 County History .......................................................................................................................................... 4-1
4.2 Geography .................................................................................................................................................. 4-1
4.3 Cities and Communities ........................................................................................................................ 4-3
4.4 Population and Demographics Profile ............................................................................................ 4-6
4.4.1 Social Vulnerability ............................................................................................................. 4-10
4.5 Economy ................................................................................................................................................... 4-19
4.6 Climate ...................................................................................................................................................... 4-21
4.7 Transportation Systems ...................................................................................................................... 4-22
4.8 Governing Body ..................................................................................................................................... 4-22
4.9 Land Use ................................................................................................................................................... 4-22
4.10 Development Trends ......................................................................................................................... 4-23 Section 5 Risk Assessment .................................................................................................................. 5-1
5.1 Hazard Identification and Prioritization .......................................................................................... 5-2
5.1.1 Methodology and Results ................................................................................................ 5-2
5.1.2 Disaster Declaration History ............................................................................................ 5-5
5.1.3 Climate Change Considerations Summary ............................................................. 5-10 Table of Contents
5.1.4 Overview of Hazard Identification and Risk Assessment .................................. 5-11
5.2 Assest Summary .................................................................................................................................... 5-12
5.2.1 Assets Expsoure ....................................................................................................................... 5-12
5.3 Hazard Analysis and Risk Assessment .......................................................................................... 5-32
5.3.1 Adverse Weather: General ............................................................................................... 5-32
5.3.2 Adverss Weather: Thunderstorm/Heavy Rain/Dense Fog/Freeze ................... 5-35
5.3.3 Adverse Weather: High Wind/Tornado ...................................................................... 5-54
5.3.4 Adverse Weather: Extreme Heat ................................................................................... 5-68
5.3.5 Agricultural Pest Infestation, Plant Disease, Marine Invasive Species and Tree Mortality ................................................................................................................................. 5-78
5.3.6 Biological Agents (Naturally Occurring) ..................................................................... 5-91
5.3.7 Coastal Storm/Coastal Erosion/Sea Level Rise ...................................................... 5-101
5.3.8 Dam Incidents ..................................................................................................................... 5-137
5.3.9 Drought and Water Shortage ...................................................................................... 5-152
5.3.10 Earthquakes, Faults, and Liquefaction....................................................................... 5-168
5.3.11 Flooding ................................................................................................................................ 5-213
5.3.12 Landslides and Debris Flow ........................................................................................... 5-250
5.3.13 Soil Hazards: Land Subsidence .................................................................................... 5-263
5.3.14 Tsunami and Seiche ......................................................................................................... 5-269
5.3.15 Wildfires ................................................................................................................................ 5-281
5.3.16 Hazardous Materials Incidents .................................................................................... 5-297 Section 6 Capability Assessment ....................................................................................................... 6-1
6.1 San Luis Obispo County’s Mitigation Capabilities Overview .................................................. 6-1
6.1.1 San Luis Obispo County’s Regulatory Mitigation Capabilities ............................. 6-3
6.1.2 Combining Designations .................................................................................................. 6-17
6.2 San Luis Obispo County’s Administrative and Technical Mitigation Capabilities ....... 6-18
6.2.1 Department of Planning and Building ........................................................................ 6-18
6.2.2 Office of Emergency Services ......................................................................................... 6-18
6.2.3 Environmental Health Services Division ..................................................................... 6-19
6.2.4 Public Works Department ................................................................................................ 6-19
6.2.5 Local Boards, Commissions, Committees .................................................................. 6-20
6.2.6 State and Federal Programs............................................................................................ 6-21
6.3 San Luis Obispo County’s Fiscal Mitigation Capabilities ....................................................... 6-22
6.4 Hazard Specific Mitigation Capabilities ....................................................................................... 6-23
6.4.1 Adverse Weather capabilities ......................................................................................... 6-23
6.4.2 Agricultural Pest Infestation and Plant Disease Capabilities.............................. 6-23
6.4.3 Biological Agents (Naturally Occurring) Capabilities ............................................ 6-24
6.4.4 Coastal Storm Capabilities ............................................................................................... 6-24
6.4.5 Dam Failure Capabilities ................................................................................................... 6-24
6.4.6 Drought and Subsidence Capabilities ......................................................................... 6-25
6.4.7 Earthquake Capabilities .................................................................................................... 6-26
6.4.8 Flood Capabilities ................................................................................................................ 6-27
6.4.9 Hazardous Materials Capabilities ................................................................................. 6-29
6.4.10 Landslide Risk Reduction Capabilities ........................................................................ 6-30
6.4.11 Tsunami Capabilities .......................................................................................................... 6-30 Table of Contents
6.4.12 Wildfire Capabilities ........................................................................................................... 6-31
6.4.13 Climate Change Capabilities ........................................................................................... 6-34
6.5 Opportunities for Enhancement ..................................................................................................... 6-35 Section 7 Mitigation Strategy ............................................................................................................ 7-1
7.1 Goals and Objectives .............................................................................................................................. 7-1
7.2 Identification and Analysis of Mitigation Actions ....................................................................... 7-3
7.2.1 Prioritization Process ............................................................................................................ 7-5
7.3 Mitigation Action Plan ........................................................................................................................... 7-6
7.3.1 Progress of Previous Mitigating Actions....................................................................... 7-7
7.3.2 Updated Mitigation Action Plan ...................................................................................... 7-9 Section 8 Implementation and Monitoring ..................................................................................... 8-1
8.1 Implementation ........................................................................................................................................ 8-1
8.1.1 Role of Hazard Mitigation Planning Committee in Implementation and Maintenance ............................................................................................................................ 8-2
8.1.2 Process for Incorporation into Existing Planning Mechanisms ............................ 8-2
8.2 Maintenance Monitoring and Evaluation ....................................................................................... 8-3
8.2.1 Maintenance/Monitoring Schedule ................................................................................ 8-4
8.2.2 Maintenance and Evaluation Process............................................................................. 8-4
8.2.3 Disaster Proclamation or Declaration ............................................................................ 8-5
8.3 Continued Public Involvement ........................................................................................................... 8-5 List of Jurisdictional Annexes
Annex A City of Arroyo Grande
Annex B City of Atascadero
Annex C City of Grover Beach
Annex D City of Morro Bay
Annex E City of Paso Robles
Annex F City of Pismo Beach
Annex G City of San Luis Obispo
Annex H Avila Beach CSD
Annex I Ground Squirrel Hollow CSD
Annex J Heritage Ranch CSD
Annex K Los Osos CSD
Annex L Nipomo CSD
Annex M Oceano CSD
Annex N San Miguel CSD
Annex O San Simeon CSD
Annex P Templeton CSD
Annex Q Cayucos Sanitary District
Annex R Port San Luis Harbor District
Annex S San Luis Obispo Flood Control and Water Conservation District Annex T South San Luis Obispo County Sanitation District List of Appendices
Appendix A Hazard Mitigation Planning Committee
Table of Contents
Appendix B Mitigation Categories and Alternatives
Appendix C Planning Process Documentation
Appendix D Jurisdictional Adoption Resolutions
Appendix E Critical Facilities
Appendix F Climate Change Adaptation Planning Guide Consistency Summary Appendix G References
Acknowledgements
San Luis Obispo County Board of Supervisors
County Planning & Building
County Office of Emergency Services
Consulting Team - Wood Environment and Infrastructure Solutions, Inc.
Annex C: City of Grover Beach
San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.1
Community Profile
C.1.1 Mitigation Planning History and 2019 Process
This annex was created during the development of the 2019 San Luis Obispo County Hazard Mitigation Plan update. This Jurisdictional Annex builds upon the previous version of the Multi-Jurisdictional Local Hazard Mitigation Plan for the cities of Grover Beach, Arroyo Grande as well as the Lucia Mar Unified School District and South San Luis Obispo County Sanitation District completed in December 2014 and approved by FEMA in December 2015; that previous mitigation plan was not incorporated into the City’s General Plan, as this updated mitigation plan will be. The City has used the previous mitigation plan as a basis for the Emergency Operations Plan. A review of jurisdictional priorities found no significant changes in priorities since the last update.
The City’s Local Planning Team (LPT) held responsibility for implementation and maintenance of the plan; members are noted below. The Police Chief for Grover Beach Police is responsible for updating the plan.
Table C.1 Grover Beach Hazard Mitigation Plan Revision Planning Group Department or Stakeholder Title
Police Department Chief of Police
Public Works Public Works Director / City Engineer
Community Development Community Development Director
More details on the planning process followed and how the jurisdictions, service districts and stakeholders participated can be found in Chapter 3 of the Base Plan, as well as how the public was involved during the 2019 update.
C.1.2 Geography and Climate
The City of Grover Beach is a coastal community located in the south county area of San Luis Obispo County.
Grover Beach has wide sandy beaches with coastal dunes and is a gateway to Pismo State Beach and Oceano Dunes State Vehicular Recreational Area. According to the City’s 2015 LHMP, Grover Beach has an average high temperature (July) of 70°F and low temperature of 62°F (January). The jurisdiction receives 17.1 inches of rainfall in an average year. While the average temperature is relatively temperate, summer and winter months bring unique weather patterns to the region. Figure C.1 displays a map and the location within San Luis Obispo County of the City of Grover Beach planning area.