AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, SEPTEMBER 26, 2022, 6:00 PM
Next Resolution No .22-37
Next Ordinance No. 22-08
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
On Monday, September 12, 2022 at 7:01 p.m., the Council met in Closed Session regarding the following item, Council Continued Item B to the September 26th Meeting:
A. Public Employee Performance Evaluation - Consistent with Government Code Section 54957 (b)(1) Title: (City Manager)
At 7:52 p.m., Mayor Lee reconvened the meeting in open session with all Council Members present, and announced there were no reportable actions.
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.
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, September 26, 2022
CEREMONIAL CALENDAR
1. Proclamation for National Hispanic Heritage Month
2. Proclamation for Filipino American Heritage Month
3. Proclamation for National Fire Prevention Week
4. Proclamation for National Human Resources Professional Day
PRESENTATIONS
5. Police Department Badge Pinning Ceremony
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.
6. Treasurer’s Report for the Period August 1, through August 31, 2022. (Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
7. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period August 1, through August 31, 2022.
(Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
8. Minutes of the City Council Meeting on Monday, September 12, 2022. (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
9. Introduction and First Reading of an Ordinance to Approve a Speed Survey of South Oak Park Boulevard and Adopt a New Speed Limit – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris
(Recommended Action: Introduce and conduct the first reading, by title only, of an Ordinance amending Section 16 of Section 3302 of Chapter 3 of Article III of the Grover Beach Municipal Code to reflect an updated speed limit recommendation for South Oak Park Boulevard from West Grand Avenue to Mentone Avenue based on a speed survey and schedule the second reading and public hearing for the next regularly scheduled meeting.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, September 26, 2022
10. Lopez Lake Zone 3 Contract Revisions – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris
(Recommended Action: Authorize the Mayor to execute an Amended and Restated Water Supply Contract with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3.)
ROLL CALL VOTE
11. Resolution Amending the Community Development Director Job Specification – Deputy City Manager Eriksson
(Recommended Action: Adopt the Resolution amending the Community Development Director Job Specification.)
ROLL CALL VOTE
PUBLIC HEARING
12. Certification of a Negative Declaration and Adoption of Updated General Plan Safety Element - Community Development Director Buckingham and Senior Planner Castillo (Recommended Action: Adopt Resolutions to certify the Negative Declaration (SCH 2022080144) and adopt the update of the General Plan Safety Element.)
ROLL CALL VOTE
13. Water Supply Update and Water Shortage Declaration – Public Works Director/City Engineer Ray
(Recommended Action: Conduct a public hearing to receive information on the City’s water supply and consider enacting a Stage 3 water shortage declaration with associated penalties.)
ROLL CALL VOTE
REGULAR BUSINESS
14. Approval of a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority – City Attorney Hale and City Manager Bronson (Recommended Action: Approval the Joint Exercise of Powers Agreement Creating the Central Cost Blue Regional Recycled Water Authority with the cities of Arroyo Grande and Pismo Beach for the Central Coast Blue Project and authorize the Mayor to execute the Agreement.)
ROLL CALL VOTE
PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.
Five Cities Fire Joint Powers Authority Jeff Lee (Alt: Daniel Rushing) South SLO County Sanitation District (SSLOCSD) Jeff Lee (Alt: Karen Bright) 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)
Agenda: Grover Beach City Council Meeting Page 4
Monday, September 26, 2022
South County Transit Committee Karen Bright (Alt: Anna Miller) Homeless Services Oversight Council (HSOC) Anna Miller (Alt: Jeff Lee) REACH SLO Advisory Commission Anna Miller (Alt: Robert Robert) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Karen Bright) SLO County Water Resources Advisory Committee (WRAC) Robert Robert (Alt: Staff) South County Chambers of Commerce Daniel Rushing (Alt: Karen Bright) Visit SLO CAL Advisory Committee Daniel Rushing (Alt: Anna Miller) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright)
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.
CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS
CLOSED SESSION
It is the intention of the City Council to meet in Closed Session concerning the following item:
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Consideration of initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (One potential case).
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.
U2.1(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.
U2.1(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 AAddressing 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 AAddressing 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
SEPTEMBER 15 TO OCTOBER 15, 2022 as
”NATIONAL HISPANIC HERITAGE MONTH”
WHEREAS, in 1968 the observation of Hispanic Heritage Week began under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15; and WHEREAS, National Hispanic Heritage Month celebrates the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America; and
WHEREAS, this year’s theme is “Unidos: Inclusivity for a Stronger Nation”; and WHEREAS, the need to ensure diverse voices and perspectives are welcomed in decision-making processes, thereby helping to build stronger communities and a stronger Nation; and
WHEREAS, we celebrate Hispanic Heritage Month to recognize the achievements and contributions of Hispanic American champions who have inspired others to achieve success; and
WHEREAS, during National Hispanic Heritage Month, we recognize that Hispanic heritage is American heritage.
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council of Grover Beach does herby officially proclaim that September 15 to October 15, 2022 as National Hispanic Heritage Month, Unidos: Inclusivity for a Stronger Nation.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 26th day of September 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 THE MONTH OF OCTOBER 2022
as
”FILIPINO AMERICAN HISTORY MONTH”
WHEREAS, in 2009, U.S. Congress recognized October as Filipino American History Month in the United States; and
WHEREAS, Filipino Americans are the second-largest Asian American group in the nation and the third-largest ethnic group in California; and WHEREAS, the celebration of Filipino American History Month in October commemorates the first recorded presence of Filipinos in the continental United States, which occurred on October 18, 1587, when “Luzones Indios” came ashore from the Spanish galleon Nuestra Senora de Esperanza and landed at what is now Morro Bay, California; and WHEREAS, through the development of these three institutions – Filipino American Studies (FAS), Filipino American National Historical Society (FANHS), and Filipino American History Month (FAHM) – we recognize how Filipino Americans have initiated collective, grassroots efforts to ensure that their voices are heard, that their experiences are recognized, and their histories are told; and
WHEREAS, we acknowledge these major historical markers in our community, and we encourage Filipino Americans and their allies across the country to collectively celebrate Filipino American History Month 2022 with these legacies in mind; and WHEREAS, we also recognize the many ways that Filipino Americans have created spaces and programs to better enhance our communities – hence maintaining long-lasting legacies for future generations; and
WHEREAS, in acknowledging the many legacies created by Filipino Americans across the United States, we encourage our community members to brainstorm ways to create a more sustainable impact for future generations of Filipino American communities too.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does herby officially proclaim that the month of October, 2022 as Filipino American History Month.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 26th day of September 2022.
Jeff Lee, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 2
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
OF THE CITY OF GROVER BEACH
DECLARING OCTOBER 9-15, 2022 as
”NATIONAL FIRE PREVENTION WEEK”
WHEREAS, the City of Grover Beach, CA is committed to ensuring the safety and security of all those living in and visiting our city; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires caused 2,580 civilian deaths in the United States in 2020, according to the National Fire Protection Association® (NFPA®), and fire departments in the United States responded to 356,500 home fires; and
WHEREAS, smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as 2 minutes to escape safely; and working smoke alarms cut the risk of dying in reported home fires in half WHEREAS, Grover Beach, CA residents will make sure their smoke and carbon monoxide (CO) alarms meet the needs of all their family members, including those with sensory or physical disabilities; and
WHEREAS, Grover Beach, CA first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Grover Beach, CA residents that are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, the 2022 Fire Prevention Week theme, “Fire won’t wait. Plan your escape” effectively serves to remind Grover Beach, CA, it is important to have a home fire escape plan NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council of Grover Beach does herby proclaim October 9-15, 2022, as Fire Prevention Week throughout the City of Grover Beach.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 26th day of September 2022.
Jeff Lee, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 3
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
OF THE CITY OF GROVER BEACH DECLARING
SEPTEMBER 26, 2022 as
”NATIONAL HUMAN RESOURCES PROFESSIONAL DAY”
WHEREAS, in October 2013, Governor-General Sir Patrick Allen created Human Resources Professional Day (H.R. Professional Day) to recognize and celebrate human resource professionals because they play an integral role in ensuring the success of organizations by nurturing and developing human capital; and
WHEREAS, H.R. professionals carry out multiple tasks in an organization, by following important legislation, helping co-workers get paid, and planning those fun company parties after a long year’s work; and
WHEREAS, Human resource professionals aren't often given credit for their work, but Human Resource Professional Day aims to honor and give credit to human resource professionals, and encourages people to learn more about human resource jobs and their importance to companies; and
WHEREAS, Human resource (HR) departments and the professionals who work in them make sure businesses and companies run smoothly; they influence their direction, helping to develop, build, and shape their values and work in staffing, where they attract talent and develop and train employees; and
WHEREAS, H.R. Professional Day is all about thanking and appreciating the hard work of H.R. staff since they handle the most difficult situations, such as staff negotiations, corporate liaison, and legislation interpreting; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does herby officially proclaim that September 26, 2022 as National Human Resources Professional Day, and further extend the utmost respect and appreciation of the City Council and all City Hall Staff to Karla Mattocks, Management Analyst-Human Resources for the vital services she performs for the City of Grover Beach.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 26th day of September 2022.
Jeff Lee, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 4
Agenda Item No. 5
Police Department Badge Pinning Ceremony
(CC Mtg 9/26/2022)
No Documentation for this Agenda Item –
Police Department Badge Pinning Ceremony
CITY OF GROVER BEACH
Treasurer's Report for September 26, 2022 City Council Meeting August 1, 2022 to August 31, 2022
RESOURCES DESCRIPTION
Balance from July 31, 2022
Deposits
Transferred from L.A.I.F.
Voided Checks
From Street Bond Acct
Total Resources
EXPENSES
DESCRIPTION
WR
WR
PR Direct Deposit
WR
WR
PR Direct Deposit
PERIOD ENDING
08/07/22
08/21 /22
Check Number
71009
71108
71087
CK DATE CHECK NUMBER
08/04/22 71121-71168
08/11/22 71169-71212
08/12/22 5359622-5359691
08/18/22 71213-71263
08/25/22 71264-71312
08/26/22 5359692-5359753
Date
07/1 4/22
07/28/22
07/28/22
$ 1,759,620.67
3,721 ,888.44
1 ,200,000.00
170.00
10,000.00
692.04
161 ,742.71
$ 6,854,113.86
AMOUNT
69,002.40
57,750.86
157,112.18
628,592.12
92,536.51
149,960.40
Electronic Transfers
Returned Checks,Chargebacks
Credit Card Payments Service Charge
Deposit Correction
Bank Fees
Transferred to L.A.I.F.
Transfer to u.s. Bank (see attached Investment Summary) Total Expenditures
Cash Balance as of August 31, 2022
887,877.06
11,142.73
2,705.46
0.67 443.92
1 ,200,000.00
I ,504,052.67
$ 4,761,176.98
$ 2,092,936.88
R
Annette Munoz
'i
Agenda Item No. 6
CITY OF GROVER BEACH
Investment Summary
August 31, 2022
Goldman Sachs BK USA New York C D 245,000.00 07/06/22 3.3000% 07/08/24 Sallie Mae BK Salt Lake City UT C D 245,000.00 07/06/22 3.4000% 07/07/25 Federal Home Loan BKS
Federal Home Loan BKS
Bond
Bond
500,000.00
1 ,ooo,ooo.oo
08/1 5/22
08/1 5/22
3.2500% 06/09/23
3.2500% 08/ 15/23
Local Agency Investment Fund Inv Fund 16,622,856.22 08/31/22 0.7500% Qtr End
ACCOUNTS PAYABLE
CHECK DATE 08/04/2022
Check Name
71121 Alexander's Contract Services
ALLAN HANCOCK COLLEGE SOUTH
71122 SANTA MARIA CAMPUS
71123 Ashley Asken
71124 AT&T
71125 BARBARA KIDD
BLUE SHIELD OF CA LIFE & HEALTH
71126 MEDICAL EYE SERVIC
71127 Boone Printing & Graphics
CALIFORNIA DEPT OF TAX & FEE
71128 ADMINISTRATION
71129 Cel i, Steve
71130 Central Coast Pressure Washing
71131 COASTLAND COAST LANDSCAPE
71132 DATAPROSE LLC
71133 DE HART, ADAM
71134 DE LAGE LANDEN
71135 Deloma Enterprises
71136 FERGUSON ENTERPRISES INC. #1350
71137 Feride Schroeder
71138 FRANK'S LOCK & KEY
GARING TAYLOR & ASSOCIATES
71139 INC.
71140 GEREMIA RENEE
71141 Hacienda Gardening
Industrial Medical Group of Santa
71142 Maria Valley
71143 J.B. DEWAR INC.
71144 JAY SWIFT
71145 Jeremy Miller
71146 Jose Cervantes
71147 Judith Conway
71148 Kathy Zucker
71149 LEE WILSON ELECTRIC CO. INC
71150 Marisol Renteria
71151 Mary Roberts
MISSION LINEN SUPPLY SAP
71152 #110035
71153 New Times
71154 Ochotorena, Madison
71155 Principal Life Insurance Company
71156 PROCARE JANITORIAL SUPPLY
71157 RICH ROLSON
71158 Rick Friedman
Rotary Club of Grover Beach - Five
71159 Cities
Check Name
Check Amount
2,501.22
255.00
80.00 561.00
999.00
774.70
122.94
2,757.61
2,000.00
3,330.00
5,100.00
2,789.56
679.25
108.74
300.00
701.44
80.00 105.00
135.00
80.00 1,260.00
170.00
2,775.89
500.00
80.00 175.00
83.00 80.00
2,523.63
80.00 15,000.00
399.90
54.00 21.08
5,043.45
869.50
625.00
5,560.58
214.00
Check Amount
Check Date Invoice Desc
08/04/2022 North Side Meter Reads - 2061 meters/ August 08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
08/04/2022
Check Date
ARCON & UOF Training - PD
2608 16th St security deposit refund 7 /30/22
City Hall & PD Fax & Modem - 6/22/22 - 7 /21/22
2611 Ramona 7 /28/22 security deposit refund
Employee insurance premiums Aug 2022
Boone Graphics Inv 86319 BusCards-KBennet 7-15-22
Work associated with implementation of the new City of GB Community Transactions and Use Tax FY 22
Band for August 7, 2022 Summer Concerts
Front Street Power Wash
August Ground Maintenance - #1321 Costa Bella
Northside Utility Billing - July 2022
Code Enforcement Module Two Academy 8/7 /22 - 8/13/22
Copier lease 7 /15/22 to 8/14/22
Deposit for Retirement Event - Employee Lynn Pearson
Supplies for the Yard
2625 GH Upper security deposit refund 7 /13/22
Ramona Community Center - Service Call
Zone 3 TAC Meeting / Coard on Gentlemen's Agreement
2609 GH Upper 7 /24/22 security deposit refund
Gopher Treatment
IMG-Akeso Inv 5493 ERuelas 7-25-2022
Gasoline charges for PW vehicles
Medical reimbursement per retiree contract - Aug 2022
2596 security deposit refund 16th St Park 7 /23/22
Bounce house for Summer concert 7 /31/22
2644 GH Upper security deposit refund 7 /25/22
2468 GH Upper 7 /23/22 security deposit refund
Time & Material 2022 16th & Grand/ Camera Power Issue
2592 security deposit refund 7 /30/22 Grover Heights Upper and Lower
ARPA Child Care Grant
Mat and mop service for 06/09/2022
New Times Inv 342803 NewspaperPublication 7-21-22
Reimbursement for Walmart purchase for green room
suppl ies
Employee insurance premiums Aug 2022
Suppl ies - Yard
Sound service for Dark Desert Highway 8/7 /22
Refund of payment made on an Estimate of Fees (BP-22-
00158)
Rotary Club of GB Inv 5538 Dues-Meals 7-30-2022
Invoice Desc
Lodging and Per Diem for R. Wade training in Garden Grove, 71160 Ryan Wade 637.70 08/04/2022 POST FTO
Retention Billing CIP 1260 - South County Skate Park Solar 71161 SANTA MARIA ELECTRIC, INC. 1,189.00 08/04/2022 Lights 71162 SUN RIDGE SYSTEMS, INC. 1,550.00 08/04/2022 RIMSCON 2022 - conference PD 71163 Sweeton, Christopher 1,000.00 08/04/2022 Reimbursement for COBRA - July & Aug 2022 71164 TEMPLETON UNIFORMS 1,060.15 08/04/2022 15 tactical pants
THE LINCOLN NATIONAL LIFE
71165 INSURANCE CO 4,270.62 08/04/2022 Employee insurance premiums - July & Aug 2022 71166 Thelma Quiroga 80.00 08/04/2022 2572 GH Up/Low security deposit refund 7/31/22 71167 Traffic Management, Inc. 136.00 08/04/2022 Speed Checked By Radar Sign 71168 VERIZON WIRELESS 103.44 08/04/2022 Monthly charges - Com Dev & Parks - 6/27 /22 7 /26/22 TOTAL $ 69,002.40
ACCOUNTS PAYABLE
CHECK DATE 08/11/2022
Check Name Check Amount Check Date Invoice Desc
71169 998 & 1030 Partners LLC 615.35 08/11/2022 Refund lnsp Fees for BP-20-00145 71170 ABALONE COAST ANALYTICAL INC 2,780.00 08/11/2022 THM/HAA & ELAP Fee 71171 AIRGAS USA LLC 153.33 08/11/2022 Large Acetylene, Argo, Oxygen Rentals
ARAMARK UNIFORM SERVICES AUS
71172 WEST LOCKBOX 790.89 08/11/2022 UNIFORMS
71173 AUTO ZONE INC 578.59 08/11/2022 Unit 203, alternator 71174 Avenu Insights & Analytics 450.00 08/11/2022 STARS-SERVICE-CA Clearview Service for 1st Quarter 2022 71175 Big Brand Tire & Service 341.82 08/11/2022 Used & Found Tire Disposal 71176 Blake Martinez 1,226.79 08/11/2022 POST DUI Seminar per diem and hotel 71177 CALPORTLAND COMPANY 1,547.21 08/11/2022 3/8" Cold Mix, SC-800 71178 CARQUEST AUTO PARTS 371.19 08/11/2022 Unit 203, brake rotors, brake pads 71179 Cavenaugh & Associates 620.00 08/11/2022 Registration Fee for DUI Seminar, Blake Martinez 71180 CHARTER COMMUNICATIONS 736.69 08/11/2022 City Facilities - Internet Charges 7 /16/22 - 8/15/22 71181 COLD CANYON LANDFILL INC. 3,489.25 08/11/2022 Trees - Mentone Park 71182 DE HART, ADAM 679.25 08/11/2022 Compl iance Officer Academy Module I 8/21/22 - 8/27 /22 71183 DE LAGE LANDEN 227.29 08/11/2022 Lease payment for Sharp/MX-50714 Copier - Aug 2022 71184 DE LAGE LANDEN 67.43 08/11/2022 Copier lease Sharp MX-C304W 8/1/22 thru 8/31/22 71185 DE LAGE LANDEN 312 .12 08/11/2022 Copier lease Sharp MX-5071 8/1/22 thru 8/31/22 71186 Deloma Enterprises 352 .50 08/11/2022 Deloma_Balance-LPearson Retirement_7-29-2022 71187 Dimes Media Corporation 957.00 08/11/2022 July 2022 Summer Concert Ads on 95 .3 The Beach 71188 DJ'S PLUMBING INC 2,009.00 08/11/2022 Police Dept - Leak & Hot Water Heater Issues in Dispatch. 71189 Fifth Asset, Inc. 6,000.00 08/11/2022 Annual Debt Book Subscription Corp Yard Training Room - Install 120 volt outlet for training 71190 G.T. COX ELECTRIC 178.50 08/11/2022 TV monitor.
Grover Beach Police Officers Association dues for paycheck 71191 GROVER BEACH POLICE OFFICERS ASSOC. 1,100.00 08/11/2022 date 8-12-22 71192 HACH COMPANY 176.04 08/11/2022 Pocket Pro PH Tester Hale, David P - Law Offices of David P.
71193 Hale 9,941.50 08/11/2022 July 2022 Attorney Fees
71194 J.B. DEWAR INC. 3,605.46 08/11/2022 Dept Gas bill 7 /15/22 thru 7 /31/22 71195 Jose Cervantes 175.00 08/11/2022 Summer Concerts bounce house 8/7 /22 71196 KIMBALL MIDWEST 273.51 08/11/2022 Corp Yard Supplies 71197 Lauren Finkbeiner 335.00 08/11/2022 2022 IACA Annual Training Conference per diem 71198 LexisNexis Risk Data Management, Inc. 848.93 08/11/2022 AVCC Subscription 7 /1/22 thru 7 /31/22 71199 Michael K. Nunley & Associates, Inc. 540.75 08/11/2022 Water Resource Planners 71200 MINERS HARDWARE 985.44 08/11/2022 Water Department Supplies 71201 Peak WiFi.com 2,840.00 08/11/2022 Network Services for July 2022 71202 Ready Refresh by Nestle 217.56 08/11/2022 Bottled water for City Hall - July 2022 71203 RICH ROLSON 625.00 08/11/2022 Sound for Summer Concert for August 14, 2022 71204 South County Chambers of Commerce 750.00 08/11/2022 Advertising May 2022 So Co Chamber 71205 SpeakWrite Billing Department 350.23 08/11/2022 monthly fee for July 2022 STANLEY CONVERGENT SECURITY Security & Fire Monitoring - 16th & Mentone 09/01/2022- 71206 SOLUTIONS INC. 74.23 08/11/2022 09/30/2022
71207 STATE DISBURSEMENT UNIT 250.00 08/11/2022 Child Support Garnishment for employee 71208 STATE DISBURSEMENT UNIT 154.50 08/11/2022 Child Support Garnishment for employee 71209 Venco Power Sweeping, Inc. 6,152.72 08/11/2022 Street Sweeping Services July 2022 71210 VERIZON WIRELESS 1,475.49 08/11/2022 Dept Cell Phone bill 6/27 /22 to 7 /26/22 Check Name
71211 Walid Elsayed
William Lee Vance Oba The Billy Martini
71212 Show
Total
Check Amount Check Date Invoice Desc
895.30 08/11/2022 POST Field Training Officer course per diem and hotel 1,500.00 08/11/ 2022 Grover Beach Summer Concerts August 14, 2022 $ 57,750.86
ACCOUNTS PAYABLE
CHECK DATE 08/18/2022
Check Name Check Amount Check Date Invoice Desc
71213 ACE Certified Tree Care 600.00 08/18/2022 538 Grand Ave - Trim off of Building 71214 ADVEXU RE LLC 1,359.59 08/18/2022 4 batteries for drones 71215 AGP Video 825.00 08/18/2022 AGP Inv 8864 VideoProduction 8-2-2022 per diem for POST Annual Reserve Officers Conference in 71216 ANGELLO HILARY 195.00 08/18/2022 Burbank, CA
ARAMARK UNIFORM SERVICES AUS
71217 WEST LOCKBOX 560.49 08/18/2022 UNIFORMS
71218 AT&T 135.88 08/18/2022 Monthly Water Alarm Circuits 8/7 /22 - 9/6/22 71219 AUTO ZONE INC 48.84 08/18/2022 Parts for Truck
71220 Bryan Millard 300.00 08/18/2022 Per diem for Command College Session 5 71221 Burdine Printing & Graphics 350.14 08/18/2022 Burdine Inv 45939 Folders 6-4-2022 Project 211107 Street and Roadway Design Measure K-14
71222 CANNON ASSOCIATES 359.95 08/18/2022 CIP 2295-14
71223 CARR'S BOOT & WESTERN WEAR 195.74 08/18/2022 Work Boots for Cesar Zarate Ca Peace Officers Legal Sourcebook, 25 license Oct 2022 71224 CopWare, Inc 705.00 08/18/2022 to Sept 2023
71225 Daysi Hardridge 80.00 08/18/2022 2620 GHLower7/23/22 security deposit refund 71226 Deloma Enterprises 97.88 08/18/2022 Deloma Enterprise LPearson Retirement 8-11-22 71227 Filipino Cultural Center 83.00 08/18/2022 #2648 Security deposit refund FCC orig.RMandac pd Agency's share of FCFA costs per approved budget April - 71228 FIVE CITIES FIRE AUTHORITY 503,778.75 08/18/2022 June 2022 71229 FRANK'S LOCK & KEY 200.60 08/18/2022 Install lock and adjust door - Mentone Basin Park NCMA 2021 Annual Report - July 1 2022 through July 31,
71230 GSI Water Solutions, Inc 7,432.80 08/18/2022 2022 71231 Hamon Overhead Door Company 1,385.52 08/18/2022 Replaced commercial spring - Fire Station 71232 Hinderliter Dellamas & Associates 6,000.00 08/18/2022 Cannabis Management Program for July 2022 71233 J.B. DEWAR INC. 3,091.45 08/18/2022 Gas Stmt 8/1/22 to 8/15/22 71234 Jeremy Bonnett 175.00 08/18/2022 Refund Lego Aug 1-5, 2022 low enrollment 71235 Jesse Zumbado 80.00 08/18/2022 2635 16th Street 7 /31/22 security deposit refund 71236 Jose Cervantes 175.00 08/18/2022 Bounce House for Summer Concert 8/14/22 71237 KIMBALL MIDWEST 472.07 08/18/2022 Hardware for street signs and poles 71238 Laurie Morvan 2,064.00 08/18/2022 8/21/22 Summer Concerts Laurie Morvan Band GB CIP 4004 Water Main Upgrade Billing through July 30, 71239 Michael K. Nunley & Associates, Inc. 10,152.72 08/18/2022 2022 71240 MIER BROS LANDSCAPE PRODUCTS 177.79 08/18/2022 1113 So 16th St Sidewalk Repairs 71241 MISSION LINEN SUPPLY SAP #110035 199.95 08/18/2022 Mat and mop service for GBCC CM for Trouville, S 7th, Ocean View Measure K-14 Street Repairs CIP 2295-14. Professional Services for the period 71242 MNS Engineers, Inc. 6,687.50 08/18/2022 July 1, 2022 to July 31, 2022 GB Development Code Update. Professional Services from
71243 MOORE IACOFANO GOLTSMAN, INC 8,228.75 08/18/2022 June 1, 2022 to June 30, 2022 71244 Nancy Poole 216.00 08/18/2022 Refund paint class 9/2/22 to 12/2/22 unable to attend 71245 New Times 267.00 08/18/2022 New Times Inv 343005_NewspaperPublication_7-28-22 71246 NOBLE SAW 395.49 08/18/2022 Parts for Parks & Facility Maint & Streets Equip. 71247 Normal Life of CA 80.00 08/18/2022 262116th Street 8/3/22 security deposit refund 71248 Office Depot 3,157.67 08/18/2022 Office Supplies
71249 PACIFIC GAS AND ELECTRIC 197.66 08/18/2022 Public Works Electric Charges 7 /8/22 - 8/5/22 71250 PLAY-WELL TEKNOLOGIES 735.00 08/18/2022 Lego STEM 7 /18/22-7 /22/22 at Ramona 71251 Pono Pacific Kitchen LLC 10,000.00 08/18/2022 ARPA Business Facade Grant 71252 PORTABLE JOHNS INC. 50.89 08/18/2022 Port a potty for summer concerts 71253 RICH ROLSON 625.00 08/18/2022 Rolson Sound for Laurie Morvan Band 8.21.22 71254 SANDY MERSHON 83.10 08/18/2022 8/17 /22 Reimbursement for Sandy for Tiny Tots supplies 71255 SLO County Golden Retrievers 80.00 08/18/2022 2601 Mentone Basin 7 /9/22 SLO Go I dens Check Name Check Amount Check Date Invoice Desc
71256 South County Chambers of Commerce 9,533.00 08/18/2022 sccc Inv 13732 GBEcoDev-July 8-11-2022
STANLEY CONVERGENT SECURITY
71257 SOLUTIONS INC. 994.83 08/18/2022 Stanley monitoring charges 02/01/2021 - 04/30/2021
STATE OF CALIFORNIA DEPT OF
71258 TRANSPORTATION 383.36 08/18/2022 Signals & Lighting Billing April 2022 thru June 2022 71259 Sun Badge Co 4,806.61 08/18/2022 35 badges
THE LINCOLN NATIONAL LIFE
71260 INSURANCE CO 2,196.82 08/18/2022 Employee insurance premiums - Sept 2022 71261 Tripepi, Smith & Associates, Inc. 10,691.00 08/18/2022 Tripepi-Smith Inv 8406 Website 7-29-2022
US BANK CORPORATE PAYMENT
71262 SYSTEMS 27,507.86 08/18/2022 Employee credit card charges Refund of lnsp Fees; Permit no longer needed for deck at 71263 Victor Rocha 392.42 08/18/2022 595 S. 7th St.
TOTAL $ 628,592.12
ACCOUNTS PAYABLE
CHECK DATE 08/25/2022
Check Name Check Amount Check Date Invoice Desc
AFLAC INC. ATTN : REMITTANCE
71264 PROCESSING SERVICES 655 .74 08/25/2022 Aug 2022 AFLAC Premiums 71265 Alexander's Contract Services 3,328.44 08/25/2022 July Met er Reads - South Side/ 2872 Met ers
ALLAN HANCOCK COLLEGE SOUTH
71266 SANTA MARIA CAMPUS 117.40 08/25/2022 FTO Basic Trn Course, W.Elsayed 71267 Alvarado, Esbeidi 919 .00 08/25/2022 GBCC 8/13/22 security deposit refund 71268 Anna Lanier 1,309.00 08/25/2022 CFS Anna Tiny Tots for August 2022 71269 Anna Lanier 103.50 08/25/2022 Reimburse Anna for Tiny Tots supplies 8.23 .22 71270 Cal ifornia Rural Water Association 1,435.00 08/25/2022 CRWA annual membership renewal -10/ 1/2022-10/1/2023 71271 CITY OF GROVER BEACH WATER DEPT. 7,844.92 08/25/2022 CIP 4004 END NACIMIENTO
CONFLU ENCE ENGINEERING
71272 SOLUTIONS, INC 7,481.25 08/25/2022 DDW Compliance Support 7/1/22-7/31/ 22 71273 DE LAGE LANDEN 108.74 08/25/2022 Copier Lease Cannon JG306157 8/15/22 to 9/14/22 71274 De Leon, Perla 80.00 08/25/2022 2639 16th St park refund 8/13/22
DEPT OF JUSTICE ACCOUNTING
71275 OFFICE/CASHIERING UNIT 1,078.00 08/25/2022 LiveScan July 2022 71276 Doomsday Skate, LLC 288.00 08/25/2022 Doomsday Skate class for August 2022 71277 EXECUTIVE JANITORIAL INC. 7,315 .00 08/25/2022 August 2022 Monthly Cleaning Service - GB Restrooms 71278 Fastenal Company 147.69 08/25/2022 Blue Marking Paint 71279 FERGUSON ENTERPRISES INC. #1350 358.76 08/25/2022 Suppl ies for Yard 71280 G.T. COX ELECTRIC 566.00 08/25/2022 GB Fire House Kitchen Repairs 71281 GARING TAYLOR & ASSOCIATES INC. 243.00 08/25/2022 Coord on Gentlemen's Agreement GROVER BEACH POLICE OFFICERS Grover Beach Police Officers Association Dues paycheck date 8- 71282 ASSOC. 990.00 08/25/2022 26-22
71283 INFORMATION TECHNOLOGY 257.85 08/25/2022 External User Access Apr-June 2022 71284 JAS PACIFIC 9,162.86 08/25/2022 July 2022 JAS Bldg Plan Checks 71285 Jennifer Ann Anderson 157.50 08/25/2022 CFS Yoga August 2022 71286 Jennifer Morgan 80.00 08/25/2022 2642 8/6/22 16th St Refund 71287 Jose Cervantes 175.00 08/25/2022 Bounce house for 8.21.22 summer concert 71288 KIMBALL MIDWEST 215.46 08/25/2022 Supplies
CFS Paint 6/3/22 - 9/2/22 t hird and final payment for this 12 71289 Kristopher Doe 476.70 08/25/2022 week session
Traffic Signal Maintenance 2022 July 2022 8 Intersections Oak 71290 LEE WILSON ELECTRIC CO. INC 2,267.52 08/25/2022 Park & ECR
LEWIS BRISBOIS BISGAARD & SMITH
71291 LLP LAWYERS 1,595.00 08/25/2022 Water Issues File No: 36066-2. Current fees t hrough 7 /31/22 71292 MAINLINE UTILITY COMPANY 1,800.00 08/25/2022 Vacuum truck to clean out lift stations 71293 MIER BROS LANDSCAPE PRODUCTS 253.21 08/25/2022 Concrete - 1271 Grand /Water Repairs Reg fee for Intermediate Traffic Collision Investigations Training 71294 MIi Training Innovations 475.00 08/25/2022 Course - F.Ramirez CM for Trouville, S 7th, Ocean View Measure K-14 Street Repairs CIP 2295-14. Services for the period August 1, 2022 to August 31, 71295 MNS Engineers, Inc. 9,989.50 08/25/2022 2022
71296 Oscar 0 . Lopez 5,500.00 08/25/2022 ARPA Childcare Grant 71297 PHELAN KATHRYN 336.00 08/25/2022 CFS Tai Chi for August 2022 71298 PLAY-WELL TEKNOLOGIES 980.00 08/25/2022 Lego STEM 6.27.22 - 7.1.22 per diem and lodging for POST Supervisory Course, Sgt R. Wade 71299 Ryan Wade 2,399.60 08/25/2022 in Fresno, CA
71300 SANDY MERSHON 1,853.60 08/25/2022 CFS Sandy Tiny Tots August 2022 3 classes 71301 Siteone Landscape Supply, LLC 138.16 08/25/2022 3rd & Grand Median Irrigation Supplies 71302 SM TIRE INC. 3,531.42 08/25/2022 Unit 216, 2 goodyear tires 71303 SOUTHERN CALIF GAS CO 124.98 08/25/2022 Gas charges for City Facilities - 7 /13/22 - 8/12/22 Check Name Check Amount Check Date Invoice Desc
71304 Spoon Fed LLC Oba The Spoon Trade 10,000.00 08/25/2022 ARPA Facade Grant 71305 STATE DISBURSEMENT UNIT 250.00 08/25/2022 Child Support Garnishment for employee 71306 STATE DISBURSEMENT UNIT 154.50 08/25/2022 Child Support Garnishment for employee 71307 The Flag Factory 846.05 08/25/2022 6 City of GB Flags 71308 Traffic Management, Inc. 1,233.49 08/25/2022 Various City of GB Trail Signs 71309 ULTREX 53.99 08/25/2022 copier usage Sha-MX-C304W 7 /21/22 thru 8/20/22 71310 VERIZON WIRELESS 359.42 08/25/2022 Cellular phones for PW crew 71311 Vidal Quintanar 83.00 08/25/2022 2646 16th St 8/14/22 security deposit refund NCMA Staff Extension Srvs FY 21-22. Services rendered from 71312 Water Systems Consulting Inc. 3,417.26 08/25/2022 6/1/2022-6/30/2022 Total $ 92,536.51
CITY OF GROVER BEACH
2022 STREETS BOND ACCOUNT ($10,000,000)
Treasurer's Report for September 26, 2022 City Council Meeting August 1, 2022 to August 31, 2022
DESCRIPTION OF RESOURCES
Balance from July 31, 2022
AMOUNT
$ 9,221,616.25
Deposit(s) from General Fund Reclassed Projects
Deposit from Private Improvements:
Deposit(s) from Interest 8/31/22
198,876.50
13,650.00
303.72
Total Resources
DESCRIPTION OF EXPENDITURES
Transfers for Staff Time:
Payroll Expenses
Transfers for Non-Construction and Other:
Accounts Payable Expenses
Transfers for Construction:
Accounts Payable Expenses
$ 9,434,446.47
AMOUNT
$ 16,281.56
869.50
17,036.95
Total Expenditures 34,188.01
Cash Balance as of August 31, 2022 $ 9,400,258.46
Agenda Item No. 7
MINUTES
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 12, 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 IT Assistant Simon Karapetian.
ROLL CALL
City Council: Council Members, Anna Miller, Robert Robert, Mayor Pro Tem Karen Bright and Mayor Jeff Lee were present. Council Member Daniel Rushing was in attendance via Teams.
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, Parks & Recreation Program Director Kathy Petker, Management Analyst-Human Resources Karla Mattocks, Police Commander Bryan Millard, Battalion Fire Chief Brian Salce, Senior Engineer Gabriel Munoz-Morris, IT Specialist Jon Groden and IT Assistant Simon Karapetian were also present.
CLOSED SESSION ANNOUNCEMENTS
On Monday, August 22, 2022, at 9:21 p.m., the Council met in Closed Session regarding the following item:
A. Public Employee Performance Evaluation - Consistent with Government Code Section 54957 (b)(1) Title: (City Manager)
At 9:50 p.m, Mayor Lee reconvened the meeting in open session with all Council Members present, with the exception of Council Member Miller and Pro Tem Bright who were absent and announced that there was no reportable action taken during Closed Session.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the modified agenda as submitted. As requested by staff to Continue Item B in Closed Session to September 24, 2022, City Council meeting.
CEREMONIAL CALENDAR
1. Proclamation for National Preparedness Month was read by Mayor Pro Tem Bright and accepted by Police Commander Millard and Battalion Fire Chief Salce.
Agenda Item No. 8
Minutes: City Council Meeting Page 2
Monday, September 12, 2022
2. Proclamation for National IT Professionals Day was read by Council Member Miller and accepted by IT Specialist Groden and IT Assistant Karapetian.
PRESENTATIONS
3. Stone Soup Music Festival Summary presented by Parks and Recreation Director Petker and joined by the Clark Center representatives Executive Director David Pier and Director of Development & Communications Bronwyn Keith.
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.
• Abe Garces
• Krista Jeffries
With no further comments Mayor Lee closed public comment.
CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Lee invited public comment on the items under the Consent Agenda. At this time Mayor Lee asked if there was anyone who would like to make any public comments there was no one so Mayor Lee closed public comment.
It was motioned by Council Member Miller and seconded by Council Member Robert to approve Revised Consent Agenda Item Nos. 4, 5, 6, 7, and 8 as recommended. With the modification to item 4, Minutes of August 22nd City Council meeting. 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.
4. Minutes of the City Council Meeting held on Monday, August 22, 2022.
Action: Approved the minutes as submitted.
5. Biennial Review of Conflict of Interest Code
Action: Adopted the Resolution No. 22-34 amending the City’s Conflict of Interest Code.
Resolution No. 22-34: A Resolution of the City Council of the City of Grover Beach, California, adopting a Revised Standardized Conflict of Interest Code for Designated Filers.
Minutes: City Council Meeting Page 3
Monday, September 12, 2022
6. Amendments to Classification and Compensation Plan and Setting the Salary Schedule for the City of Grover Beach for Employee Recruitment and Retention Needs.
Action: Adopted the Resolution No. 22-35 amending the Classification and Compensation Plan and setting the Salary Schedule for the City of Grover Beach to assist with employee recruitment and retention needs.
Resolution No. 22-35: A Resolution of the City Council of the City of Grover Beach, California, to Amend the Classification and Compensation Plan and Set the Salary Schedule.
7. FY 2022-23 Master Fee Schedule Update
Action: Adopted Resolution No. 22-36 updating the Citywide Master Fee Schedule to reflect minor changes to the Parks & Recreation and Police sections and to incorporate the updated Solid Waste Rates approved by Council on June 13, 2022.
Resolution No. 22-36: A Resolution of the City Council of the City of Grover Beach, California to amend the Master Fee Schedule.
8. Citywide Stop Sign Replacement Project Change Order Approval Action: Authorized the City Manager to approve change order for the Stop Sign Replacement Project.
PUBLIC HEARING
None.
REGULAR BUSINESS
9. FY 2021-22 Year-End Financial Review
Mayor Lee read the title to the foregoing item and deferred to staff for a report.
Administrative Services Director Purcell presented a PowerPoint presentation discussing the Year-end Financial Review.
Mayor Lee invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: The Council received the report on the FY 2021-22 Year-End Financial Review.
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. With no one coming forward and no one on the line, the mayor closed pubic comment.
Minutes: City Council Meeting Page 4
Monday, September 12, 2022
COUNCIL COMMITTEE REPORTS
Council Member Rushing stated the Zone 3 Advisory Committee was cancelled and the next meeting is November 17, 2022.
COUNCIL COMMUNICATIONS
Council Member Robert expressed concerns with the increased traffic and vehicles parked on El Camino Real from 12th Street to 4th Street and asked if the other Council Members would be in consensus to have staff look into making that area a no parking zone and bring information back to the Council at a later date. Upon consensus of the Council staff will bring back the item at a date uncertain.
Council Member Miller discussed meeting with a few local restaurant owners who have concerns with the operation of food trucks and she gave an update to the public that the location the food trucks were located at GB Eatz is no longer going to be permitting them so there will no longer be food trucks operating within Grover Beach.
Mayor Pro Tem Bright mentioned the Grover Beach Library book sale this Saturday, September 17th at 8:00 am - 3:00 pm. She also, mentioned helping at the Jack’s Helping Hand Equestrian Center event last weekend with the Leadership 3 class.
Mayor Lee reported Sunday, September 18th, is the 5K Dune Run Run and Walk event. And thanked Ryan James from New Tech High School and his class for the intuitive discussion.
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson reported the Measure K-14 Steet Repair work taking place on Trouville Ave and S 7th Street and soon to come are Ocean View Avenue, Margarita Avenue, Nacimiento Avenue and several other streets in that area. With about 23 blocks of streets under repair in this latest reiteration of street repair efforts. He also mentioned that on Wednesday, September 14th, at 6:00 pm, at the South County Regional Center is the Joint City Council meeting with Grover Beach, Arroyo Grande and Pismo Beach to discuss the Central Blue Project.
CITY ATTORNEY’S REPORTS AND COMMENTS
None.
CLOSED SESSION
At 7:01 p.m., the Council met in Closed Session regarding the following item.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Consistent with Government Code Section 54957 (b) (1) Title: (City Manager)
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Continued to the September 24, 2022, City Council Meeting Closed Session Closed Session Announcements: At 7:52 p.m., Mayor Lee reconvened the meeting in open session with all Council Members present and announced there were no reportable actions.
Minutes: City Council Meeting Page 5
Monday, September 12, 2022
ADJOURNMENT
There being no further business to come before the City Council, Mayor Lee adjourned the meeting at 7:53 p.m.
_____________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 26, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Introduction and First Reading of an Ordinance to Approve a Speed Survey of South Oak Park Boulevard and Adopt a New Speed Limit
RECOMMENDATION
Introduce and conduct the first reading, by title only, of an Ordinance amending Section 16 of Section 3302 of Chapter 3 of Article III of the Grover Beach Municipal Code to reflect an updated speed limit recommendation for South Oak Park Boulevard from West Grand Avenue to Mentone Avenue based on a speed survey and schedule the second reading and public hearing for the next regularly scheduled meeting.
BACKGROUND
The Public Works Department commissioned an engineering and traffic investigation to determine the recommended speed limit for safe operation of vehicles on major city roadways in 2020.
Council adopted the speed limit recommendations from that report on April 26, 2021. In accordance with California Vehicle Code Section 22358, the City is authorized to decrease speed limits on streets and roads under its jurisdiction on the basis of an engineering and traffic investigation. An engineering and traffic investigation is required to be performed every seven to ten years unless significant changes to roadway or traffic conditions have occurred, which would reduce this timeline to every five years and warrant a new engineering and traffic investigation.
The City recently completed a reconfiguration of the intersection of West Grand Avenue and Oak Park Boulevard. Additionally, the City recently completed a paving project on South Oak Park Boulevard from West Grand Avenue to Mentone Avenue which included the restriping of South Oak Park Boulevard from two travel lanes in each direction to one travel lane in each direction along with the installation of buffered bike lanes in both direction. The changes to the intersection and to South Oak Park required a new engineering and traffic investigation to determine the speed limit for safe operation of vehicles on North and South Oak Park given these significant changes to the roadway conditions.
The commissioned engineering and traffic investigations determined that current speed limit of 30 miles per hour on North Oak Park Boulevard from Atlantic City Avenue to West Grand Avenue is appropriate even after the intersection reconfiguration. However, the investigation of South Oak Park Boulevard from West Grand Avenue to Mentone Avenue determined the recommended speed limit should be reduced from 35 miles per hour to 30 miles per hour. Speed limit recommendations in the engineering and traffic investigations were made in accordance with 2014 revisions to the California Manual of Uniform Traffic Control Devices (MUTCD) and California Vehicle Code Sections 627 and 22358.5, which determine that speed limits shall be set Staff Report: First Reading of Ordinance Update to Adopt Speed Limit Page 2 September 26, 2022
within a 5-mph range of the 85th percentile speed on a roadway or street as determined by an engineering and traffic investigation. The recommendation to reduce the speed limit on South Oak Park Boulevard from West Grand Avenue to Mentone Avenue is directly attributed to lower traffic speeds than previously observed which is in part due to the traffic calming and speed management focus of the new roadway striping.
The following table highlights the segments of Oak Park Boulevard with their current and recommended speed limits:
STREET LIMITS CURRENT
SPEED LIMIT
RECOMMENED
SPEED LIMIT
North Oak Park
Boulevard
Atlantic City Avenue
to West Grand
Avenue
30 30
South Oak Park
Boulevard
West Grand Avenue
to Mentone Avenue
35 30
Staff recommends that the Council schedule a second reading and public hearing for this Ordinance at the next regularly scheduled meeting on October 11, 2022.
FISCAL IMPACT
There is a minimal cost for purchasing and installing new speed signs and modifying roadway markings estimated to be between $500 and $1,500 which would be funded by road maintenance funds within the General Fund operating budget.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the first reading of an Ordinance amending Section 16 of Section 3302 of Chapter 3 of Article III of the Grover Beach Municipal Code; or
2. Provide staff with additional direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Ordinance No. 22-__
2. South Oak Park Boulevard Speed Survey
Attachment 1
ORDINANCE NO. 22-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, AMENDING SECTION 16 OF SECTION 3302 OF CHAPTER 3 OF
ARTICLE III OF THE GROVER BEACH MUNICIPAL CODE
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, pursuant to California Vehicle Code Section 22358, the City has the authority to decrease speed limits on streets and roads under its jurisdiction, on the basis of an engineering and traffic investigation; and
WHEREAS, pursuant to Section 40802 of the California Vehicle Code, an engineering and traffic investigation must be performed every five years, but the City does have the ability to extend valid surveys to seven years if no significant changes in roadway or traffic conditions have occurred; and
WHEREAS, significant changes to roadway and traffic conditions have occurred on South Oak Park Boulevard from West Grand Avenue to Mentone Avenue warranting a new engineering and traffic investigation; and
WHEREAS, pursuant to California Vehicle Code, the City may extend the recommendations of an engineering and traffic investigation up to seven years provided that law enforcement complies with Section 40802.c.1; and
WHEREAS, pursuant to the 1999 revision to Section 40802 of the California Vehicle Code by the California Legislature, the City cannot use radar to enforce speed limits unless justified by an engineering and traffic investigation.
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
PART 1. Section 16 of Section 3302 of Chapter 3 of Article III of the Grover Beach Municipal Code is hereby amended to read as follows:
CHAPTER 3 – TRAFFIC REGULATIONS
SECTION 16. ESTABLISHING SPEED LIMITS IN CERTAIN ZONES. In accordance with Vehicle Code Section 22358, an engineering and traffic investigation has been performed that provides recommendations to establish the speed limit necessary for safe operation of vehicles on the following streets. It is hereby declared that the prima facie speed limit for the following streets shall be as designated below when signs are erected giving notice thereof:
Ordinance No. 22-__ Page 2 of 2
STREET LIMITS DECLARED PRIMA FACIE
SPEED LIMIT
South Oak Park Boulevard West Grand Avenue to
Mentone Avenue
30 All other speed limits shall remain in place as previously established and as confirmed as appropriate per the most recent engineering and traffic investigation commissioned by the City in 2020.
PART 2. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, 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 unconstitutional.
PART 3. This Ordinance shall become effective at 12:01 a.m. on the 31st day 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 September 26, 2022 and PASSED, APPROVED, and ADOPTED by the City Council on October 11, 2022, on the following roll call vote to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
JEFF LEE, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Approved as to Form:
DAVID P. HALE, CITY ATTORNEY
**DRAFT**
LOCATION: Oak Park Boulevard From: W. Grand Avenue To:
SEGMENT NUMBER: 23
LENGTH: 0.42 miles CRS DESCRIPTION:
DIRECTION: NB - SB DATE:
STREET CROSS-SECTION: 2-Lane Divided DAY:
PAVED WIDTH: 80 ft TIME:
BUSINESS OR RESIDENCE DISTRICT: No OBSERVER:
IN / <=
84% 85%
SPEED FREQUENCY CUMULATIVE
MPH # % # %
21 0 0% 0 0%
22 0 0% 0 0%
23 0 0% 0 0%
24 1 1% 1 1%
25 1 1% 2 2%
26 1 1% 3 3%
27 8 8% 11 11%
28 4 4% 15 15%
29 2 2% 17 17%
30 15 15% 32 32%
31 10 10% 42 42%
32 9 9% 51 51%
33 14 14% 65 65%
34 4 4% 69 69%
35 8 8% 77 77%
36 7 7% 84 84%
37 6 6% 90 90%
38 4 4% 94 94%
39 0 0% 94 94%
40 3 3% 97 97%
41 1 1% 98 98%
42 0 0% 98 98%
43 1 1% 99 99%
44 1 1% 100 100%
45 0 0% 100 100%
Jay D. Walter
P.E. # TR 1749
Wednesday
Radar Speed Survey - Calculation Worksheet
2020 Speed Survey Update
City of Grover Beach
Mentone Ave
Minor Arterial
6/8/2022
> < > >
9:45 to 10:45
JS
POSTED SPEED CALCULATIONS
RECOMMENDED SPEED
LIMIT
CURRENT POSTED
SPEED LIMIT
10 MPH
PACE SPEED
AVERAGE / MEDIAN
SPEED CRITICAL SPEED
15%
ADDITIONAL INFORMATION AND CONSIDERATIONS
NUMBER OF ACCIDENTS RECORDED
( Most Recent 5 Years)
EXPECTED COLLISION RATE
(On similar St. Highways)
CALCULATED COLLISION RATE
(MVM)
30 35 27 - 36
33 33
85% 15% 6% 10%
37 <=
Total collisions Injury + Fatality Total collisions Injury + Fatality Total collisions Injury + Fatality COMMENTS / UNUSUAL CONDITIONS:
Primarily residential area with sidewalks, street parking and class II bike lanes on both direction. The critical speed can be rounded down to 35 mph. The recommended speed limit can be reduced by an additional 5 mph below the 85th percentile speed allowed under CA-MUTCD Section 2B.13(16) because of the critical speed being outside of the 10 mph pace speed and a higher than average collision rate. 33 4 1.87 / MVM 0.75 / MVM 5.74 / MVM 0.7 / MVM
0% 5% 10% 15% 20%
21 23
25 27
29 31
33 35
37 39
41 43
45 SPEED MPH
PERCENT OF TOTAL OBSERVATIONS
Attachment 2
Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 26, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Lopez Lake Zone 3 Contract Revisions
RECOMMENDATION
Authorize the Mayor to execute an Amended and Restated Water Supply Contract with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3.
BACKGROUND
The Lopez Water System is operated by the County of San Luis Obispo and is comprised of Lopez Dam, reservoir, water treatment facility, and distribution pipeline. The Lopez Water System supplies water to Grover Beach and other South County municipalities via Water Supply Contracts (Contracts) within Zone 3 of the County of San Luis Obispo Flood Control and Water Conservation District (“Zone 3”). The existing Contracts between the District and the Zone 3 Contractors (Contractors) were restated and amended in 2000 from the terms of the original 1966 Contracts in response to the need for obtaining bonds for the State-mandated Lopez Dam Seismic Retrofit Project. The Contracts were further amended in 2010 to allow for bond refinancing. The Contracts establish the annual water entitlements for each of the Contractors and downstream releases, which are based on the safe yield of the reservoir and the reservoir capacity. These items were not changed in the previous Amended and Restated Contracts.
Summary of Changes
The Contractors wish to again restate and amend the Contracts to provide storage rights to store unused entitlement, surplus water, and State Water Project water year over year in the Lopez Reservoir. These amendments will also permit the refunding of the bonds associated with the completed Lopez Dam Seismic Retrofit Project in order to reduce the costs of debt service.
The current Contracts operate under a “use it or lose it” principle with water allocation in a single year. If a Contractor does not use its annual entitlement water in a single year, then the remainder of its entitlement becomes “Surplus Water” available for all Contractors in the following year. The Surplus Water allotment is then made available to the contractors based on their percentage of allocation from the project. These allocations are shown in Table 1 below.
Table 1: Lopez Lake Allocations by Agency
Agency Allocation (acre-feet) Percent of Project
Arroyo Grande 2,290 50.6%
Oceano CSD 303 6.7%
Grover Beach 800 17.7%
Pismo Beach 892 19.7%
County Service Area 12 245 5.4%
Total 4,530 100%
Staff Report: Amended Lopez Lake Zone 3 Contract Page 2 September 26, 2022
As shown in Table 1, the City of Grover Beach has a 17.7% interest in the project, meaning that the City is entitled to only 17.7% of the Surplus Water it generates. Further, if Surplus Water is not used within the following year, it reverts back to the District, forfeiting the fixed costs paid by the Contractors associated with their full entitlement. As a result, the Contractors have little incentive to conserve or preserve water in the reservoir.
The staff from each contract agency along with District staff have been working for the last six years to develop the proposed Amended and Restated Contracts to improve management of the Lopez Water Supply and System. The proposed Contract provisions will equip the Contractors with the following management tools to better manage Lopez Lake water:
• Provide ability for each Contractor to store 100% of its unused Entitlement Water or Surplus Water to use as it sees fit, including for future droughts or water supply emergencies.
• Improve flexibility of multi-year water resource planning. • Allow for enhanced conjunctive management of water supply portfolios. • Provide incentive for Contractors who are also State Water Sub-Contractors to import State Water and preserve water in Lopez Reservoir (Grover Beach is not currently a State Water Sub-Contractor).
• Meet the current requirements for re-financing of the bonds associated with the completed Lopez Dam Seismic Retrofit Project.
To enable these management tools, the following items were modified in the proposed Contract to incorporate language to allow Contractor storage rights, re-financing of the Lopez Dam Seismic Retrofit Project bonds, as well as clarify and modernize the terminology of the Contracts and several of their basic provisions:
• Individual Contractor Storage – added (Articles 4, 7, 9, 15, 21) • Surplus Water cost calculations – modified (Article 4) • Storage of State Water Project Water through in-lieu exchange – added (article 7) • Evaporation losses associated with stored water – Article 7) • Address downstream release obligations – modified (Articles 4, 7, 17) • Spill provisions for stored water – added (Articles 4, 7) • Turnout delivery capacity limitations – modified (Article 9) • Variable charges calculation changes – modified (Article 14) • Bond refinancing legal language – added (Article 34)
Benefits of Storage
During the contract negotiations, the District retained the services of Western Hydrologics to perform modeling of the impacts to each agency’s water supply; i.e., the amount of water the agency would be able to store based on the following assumptions:
• Full Zone 3 entitlements
• State Water deliveries based upon estimated values
• State Water storage calculated based upon Department of Water Resources storage equations
• Groundwater used at 25% of each agency’s adjudicated amounts The model predicted that the City of Grover Beach would have an annual storage in Lopez Lake of only 18 acre-feet under the existing contract as well as under the proposed contract. However, this estimate is very conservative, due to the fact that it only considers 351 acre-feet of Staff Report: Amended Lopez Lake Zone 3 Contract Page 3 September 26, 2022
groundwater delivered by the City of Grover Beach, when in fact, the City currently delivers approximately 500 acre-feet of groundwater per year. Additionally, the City will gain the right to pump approximately 320 - 360 acre-feet of additional of groundwater when Central Coast Blue comes online in 2025-26, which could allow for additional storage at Lopez Lake.
Other Agency Involvements/Impacts
The proposed Amended and Restated Contracts were developed and reviewed by a subcommittee of the Zone 3 Technical Advisory Committee, consultants, County Public Works staff, County Counsel, financial consultants, and bond counsel. The project was unanimously approved by the Zone 3 Advisory Committee in 2019 and the proposed contract form was endorsed by the Zone 3 Advisory Committee on August 11, 2022. Each Zone 3 agency is taking the Contracts to their respective governing body for approval prior to the County’s execution of the Contracts.
Conclusion and Recommendation
The revised Zone 3 contracts will allow each Zone 3 agency to better manage their water supply portfolio by establishing storage rights in Lopez Lake. This will encourage, rather than discourage, the protection of our local water supply, allow for the storage of State Water in Lopez Lake, allow the City to better leverage Central Coast Blue water once that project comes online, and allow for potential short-term water supply exchanges between local agencies. Staff recommends that Council authorize the Mayor to execute an Amended and Restated Water Supply Contract (Attachment 1) with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3.
Environmental Review
As required by CEQA, all discretionary projects carried out by the District are reviewed to identify, avoid, reduce, and mitigate any potential environmental impacts. The Negative Declaration (ND) for this project was prepared by District Environmental Division staff with review and approval by the Environmental Division Manager, The ND determined that the proposed project will not have a significant effect on the environment and that no mitigation measures are required. The District is considered the CEQA Lead Agency and adopted the ND on August 23, 2022. The City Council is reviewing and adopting the ND in the capacity of a Responsible Agency and only to the extent necessary for City’s approval of its portion of the project.
FISCAL IMPACT
There is no direct fiscal impact associated with the revised contract.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize the Mayor to execute an Amended and Restated Water Supply Contract with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3; or
2. Do not authorize the Mayor to execute the revised contract and provide staff with additional direction on how to proceed.
Staff Report: Amended Lopez Lake Zone 3 Contract Page 4 September 26, 2022
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Amended and Restated Water Supply Contract
AMENDED AND RESTATED CONTRACT BETWEEN
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
AND
THE CITY OF GROVER BEACH
FOR A WATER SUPPLY
Dated as of
August 2022
Attachment 1
i
Table of Contents
Article 1. Definitions ...................................................................................................................... 4 Article 2. Term of Contract.......................................................................................................... 14 Article 3. Validation...................................................................................................................... 15 Article 4. Distribution and Sales of Project Water..................................................................... 15 (A) Legally Required Water Releases ............................................................................. 15 (B) Entitlements............................................................................................................... 15 (C) Surplus Water Rates.................................................................................................. 16 (D) Surplus Water ............................................................................................................ 18 (E) Stored Water .............................................................................................................. 19 Article 5. Water Shortages .......................................................................................................... 19 Article 6. Completion of Seismic Remediation Improvements ................................................ 19 Article 7. Delivery and Storage of Water.................................................................................... 21 (A) Water Furnished to the Agency................................................................................ 22 (B) Storage of Lopez Water............................................................................................. 22 (C) Storage of State Water Project Water ...................................................................... 24 Article 8. Measurement............................................................................................................... 26 Article 9. Time for Delivery of Project Water ............................................................................. 27 Article 10. Responsibility for Delivery and Distribution of Water Beyond Delivery Points ................................................................................................................. 28 Article 11. Operation and Maintenance of Project and Water Enterprise.............................. 29 Article 12. Water Quality ............................................................................................................. 33 Article 13. Curtailment of Delivery of Project Water for Maintenance Purposes................... 33 Article 14. Rate and Method of Payment................................................................................... 34 (A) Allocation of Total Project Costs and Debt Service................................................. 34 (B) Agency Contract Payments....................................................................................... 35 (C) Agency Credits against Contract Payments............................................................. 36 (D) Variable Charges........................................................................................................ 38 (E) Use by District of Total Contract Payments............................................................. 38 Article 15. Take-or-Pay Obligation of Agency ............................................................................ 39 ii
Article 16. Pledge; Establishment and Collection of Rates and Charges................................. 39 Article 17. Default ........................................................................................................................ 40 Article 18. Failure to Levy, Set, or Collect Taxes, Rates, and Charges...................................... 42 Article 19. Area Served by Agency.............................................................................................. 44 Article 20. Changes in Organization of Agency ......................................................................... 44 Article 21. Agency’s Obligations Several and Not Joint; Limited Step-Up Provisions and Reimbursement ..................................................................................................... 44 Article 22. Contracts to Be Uniform ........................................................................................... 46 Article 23. Amendments.............................................................................................................. 46 Article 24. Opinions and Determinations; Good Faith; Information to Be Provided to Zone 3 Advisory Committee ........................................................................................... 48 Article 25. Waiver of Rights ......................................................................................................... 49 Article 26. Notices........................................................................................................................ 49 Article 27. Assignment; Pledge ................................................................................................... 50 Article 28. Inspection of Books and Records............................................................................. 50 Article 29. Severability................................................................................................................. 51 Article 30. Water Rights............................................................................................................... 51 Article 31. Wheeling of Water ..................................................................................................... 51 Article 32. Execution in Counterparts ........................................................................................ 52 Article 33. Governing Law ........................................................................................................... 53 Article 34. Re-funding Related Provisions.................................................................................. 53 EXECUTION................................................................................................................................... 55 Exhibit A........................................................................................................................................ 57
AMENDED AND RESTATED CONTRACT BETWEEN SAN LUIS OBISPO COUNTY
FLOOD CONTROL AND WATER CONSERVATION
DISTRICT AND THE CITY OF GROVER BEACH
FOR A WATER SUPPLY
This Amended and Restated Contract (the "Contract"), made this ___day of ___________, 2022, by and between the San Luis Obispo County Flood Control and Water Conservation District (the "District"), established under and pursuant to Chapter 1294 of the 1945 Statutes of the State of California (the "State") and the City of Grover Beach, a public agency organized and existing under the laws of the State of California, acting pursuant to the laws of such State (the "Agency"), amends and restates that certain contract for a water supply by and between the District and the Agency, dated April 11, 1966, and as previously amended and restated and further amended thru the date hereof (collectively, the "Prior Supply Contract"), with reference to the following facts:
WITNESSETH:
WHEREAS, the District has heretofore constructed, improved and operated a public works project (the "Project," as more particularly defined below) that provides a supply of water available for use within the District; and
WHEREAS, the District has made certain repairs and improvements to the Project for public safety reasons, which improvements (collectively, the “Seismic Remediation Improvements”) were financed with the proceeds of certain obligations of the District; and WHEREAS, certain of those obligations were refinanced in 2011 and are proposed to be refinanced again to take advantage of conditions in the financial marketplace appropriate for
a cost-effective refunding for the benefit of the taxpayers and ratepayers of the District and the Agency; and
WHEREAS, given that such obligations are outstanding, the parties have not removed or modified certain provisions of the Contract related to the Seismic Remediation Improvements even though some such provisions were performed, (e.g., the provisions related to the now-completed Seismic Remediation Improvements); and
WHEREAS, the lands and inhabitants within the jurisdiction of the Agency are in need of water provided by the Project for beneficial uses, and the District has provided water from the Project to the Agency and to the City of Arroyo Grande, the City of Pismo Beach, the Oceano Community Services District, and the County of San Luis Obispo, on behalf of Service Area No. 12 (collectively, the “Other Agencies,” as hereinafter defined) since 1966, pursuant to several water supply contracts, including the Prior Supply Contract as previously amended and restated and further amended thru the date hereof (collectively, the "Prior Supply Contracts"); and
WHEREAS, the District and the Agency and Other Agencies now wish to amend and restate the Prior Supply Contracts to provide the Agency and Other Agencies with storage rights in the Lopez Reservoir and to make other amendments clarifying the manner in which Project Water is to be made available to the Agency and the Other Agencies while preserving the same basic structure and obligations under the Prior Supply Contracts, including with respect to downstream releases; and
WHEREAS, following execution of the most recently amended and restated Prior Supply Contracts in or around August 2000, the District and the Agency and Other Agencies took certain actions as reflected in the Interim Downstream Release Schedule (adopted by the Board of Supervisors via Resolution No. 2007-164) and the Low Reservoir Response Plan (Board of Supervisors adopted certain policies and procedures therein for the then drought emergency via Resolution No. 2014-377) related to the manner in which the District will manage downstream releases on an interim basis; and WHEREAS, given the generality of Article 4(A) and the authority given to the District under Article 4(B) of the Prior Supply Contract (substantively unchanged in the Contract), such actions described in the preceding recital have not necessitated and do not currently necessitate an amendment to the Prior Supply Contract as part of the Contract, and it is anticipated that the same will be true of similar future actions, including adoption of the Habitat Conservation Plan which will replace the Interim Downstream Release Schedule subject to the minor clarifying amendment contained herein; and WHEREAS, the amendments set forth herein will also aid the District in meeting its intended communitywide results of enhancing the economic, environmental and social quality of life in San Luis Obispo County; and
WHEREAS, the Agency desires to continue to contract with the District for a water supply to be for the use and benefit of the lands and inhabitants served by the Agency and for which the Agency will make payment to the District upon the terms and conditions hereinafter set forth; and
WHEREAS, the District and the Agency wish to provide for the refinancing of certain obligations the proceeds of which were used to finance or refinance the completed Seismic Remediation Improvements.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by the parties hereto as follows:
Article 1. Definitions. When used in the Contract, the following terms shall have the meanings hereinafter set forth:
"Additional Projects" shall mean those capital projects to be undertaken by the District in addition to the Seismic Remediation Improvements which have the effect of (i) preserving and maintaining the Safe Yield of the Project (a "Type I Additional Project"); (ii) maintaining the quality of water provided by the Project (a "Type II Additional Project"); or (iii) any other capital project agreed to by the Agency and all of the Other Agencies (a "Type III Additional Project").
"Agency Initiated Exchange" shall mean an exchange initiated by a State Water Project Subcontractor to deliver State Water Project Water to the Project to replace Project Water requested for delivery by Other Agencies. "Calendar Quarter" shall mean each three-month period commencing on January 1, April 1, July 1, and October 1 of each year. "Calendar Year" shall mean the twelve-month period from January 1 of a calendar year to December 31 of the same calendar year, both dates inclusive. "Capital Costs" shall mean costs expended by the District at or appurtenant to the Project, for permanent improvements to the Project or equipment which is capitalizable on the books of the District.
"Capital Reserves" shall mean those reserves established by the District for the Scheduled Maintenance of the Project or for anticipated costs of upgrade and improvements likely to be imposed by a Governmental Authority (each, an "External Requirement") in order for the District to continue to operate the Project for water supply purposes, established either (a) on a year-to-year basis by the District in its annual budgets, copies of which shall be provided to the Agency promptly following adoption, or (b) on a multi-year basis by the District through the development and promulgation to the Agency of a long-term capital improvement plan of the District; provided, however, that no Type III Additional Projects shall be funded from Capital Reserves; and provided further, that the District shall not expend any portion of Capital Reserves for any External Requirement until and unless such External Requirement becomes a final order of such Governmental Authority, not subject to further appeal.
“Continuous Spillway Flow” shall mean when the entire perimeter of the spillway crest is wetted and at least 1 acre foot of water has spilled. "Contract Payments" shall mean those payments due from the Agency to the District hereunder, as more particularly set forth in Article 14 hereof. "County Board" shall mean the Board of Supervisors of the County of San Luis Obispo, California.
"Coverage Account" shall mean the account established for the Agency either with the District or with a Depository, as provided in Article 18 hereof. "Coverage Factor" shall mean 25% of Agency Debt Service, determined in accordance with Article 14 hereof, calculated for each Fiscal Year.
"Debt Service" shall mean, in the aggregate: (a) principal and interest (or mandatory sinking fund payments, installment or lease or similar payments due) with respect to all Tax-Exempt Obligations at the time outstanding in accordance with their terms, provided that capitalized interest funded from the proceeds of Tax-Exempt Obligations need not be taken into account; (b) annual costs of administering the Tax-Exempt Obligations, including the annual fees of any trustee or paying agent therefor, and; (c) the costs, if any, of annual credit enhancement for the Tax-Exempt Obligations; and (d) principal, interest, annual fees and reserve requirements under the SRF Loan.
"Depository" shall mean a financial institution designated for the deposit and administration of the Coverage Account of the Agency, as and when appointed in accordance with Article 18 hereof.
"District Initiated Exchange" shall mean an exchange initiated by the District to provide State Water Project Water to the Agency during a Lopez Water Treatment Plant (the “WTP”) shutdown or other incident that prevents treatment and/or delivery of Lopez Water.
"Entitlements" shall mean the quantity of water to be distributed to the Agency under the Contract and to the Other Agencies under contracts substantially similar to the Contract (collectively, the “Contracts”) with the District, as established in Article 4(B) hereof and of such other Contracts.
"Fiscal Year" shall mean the twelve-month period from July 1 of the Calendar Year to June 30 of the immediately following Calendar Year, both dates inclusive.
“Force Majeure” shall mean any cause or causes not reasonably within the control of the party claiming relief or suspension and which, by the exercise of reasonable diligence, such party is unable to prevent or overcome, including acts of God; landslides, subsidence, lightning, earthquakes, fires, storms or storm warnings, crevasses, floods or washouts; strikes, lockouts or other industrial disturbances; acts of the public enemy, acts of terror, sabotage, wars, blockades, military action or epidemics; civil disturbances; explosions, breakage or accident to wells, machinery, equipment or lines of pipe; the necessity for testing or making repairs or alterations to wells, machinery, equipment or lines of pipe due to such an event; freezing of wells, equipment or lines of pipe; inability of any party hereto to obtain, after the exercise of reasonable diligence, necessary materials, supplies, rights of way or permits; or any action or restraint by any Governmental Authority (so long as the party claiming relief has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such action or restraint, and as long as such action or restraint is not the result of a failure by the claiming party to comply with applicable law).
"General Obligation Bonds" shall mean those certain general obligation bonds of the District, issued pursuant to authorization received from the voters of the District at the election conducted on March 7, 2000, in an aggregate principal amount of not to exceed $13,200,000, supported by a levy of ad valorem taxes throughout the District, including the 2011 G.O. Bonds and any general obligation bonds issued to refund the 2011 G.O. Bonds. "Governmental Authority" shall mean any State, federal or local governmental agency with the authority to regulate or control any aspect of the District or the Project or their operations.
"Operating Segment," as to the Agency, shall mean the segment of the Project constructed for, and providing service directly to, the Agency, which, as of the date hereof, consists of Units A, B and C.
"Operation and Maintenance Costs" shall mean the reasonable and necessary current expenses of maintaining, repairing, and operating the Project, including District administrative expenses directly attributable to Project function, but excluding Capital Reserves and Debt Service, all computed in accordance with generally accepted accounting principles applicable to enterprise funds of government agencies.
"Other Agency" shall mean any other water-distributing public agency of the State, which, having the legal power to do so, executes a water supply contract with the District substantially identical to the Contract, except for agency information, dates, Unit participations, Proportionate Share and Percentage Share, other than for the purpose of purchasing Surplus Water, including, as of the date hereof, the City of Arroyo Grande, the City of Pismo Beach, the Oceano Community Services District, and the County of San Luis Obispo, on behalf of Service Area No. 12.
"Percentage Share" shall mean the Agency's aggregate attributed share, by percentage, of charges for Operation and Maintenance Costs and Capital Reserves for any given Water Year for each respective Unit, as compared to all the charges for Operation and Maintenance Costs and Capital Reserves attributable to each such Unit levied against the Agency and all Other Agencies, and as specified for the Agency below:
Unit A 17.66 %
Unit B 17.66 %
Unit C 41.30 %
Unit D 0.00 %
Unit E 0.00 %
Unit F 0.00 %
Unit G 0.00 %
Unit H 0.00 %
Unit I 0.00 %
Unit J 0.00 %
"Project" shall mean (A) the 1965 Zone 3 Project described in Resolution No. 377-65 and Ordinance No. 813 of the District, adopted August 17, 1965, consisting of the following works and improvements: (i) Lopez Dam and Reservoir; (ii) Lopez Dam-Arroyo Grande Conduit System; (iii) Arroyo Grande-Avila Conduit System; (iv) Arroyo Grande-Oceano Conduit System; (v) water treatment plant; (vi) terminal reservoir; (vii) any new construction, reconstruction or replacement of these works and improvements, including, without limitation, the previously constructed Seismic Remediation Improvements, and (viii) all land, easements, Rights-of-Way, pumping plants, pipes, valves, fittings, machinery and other property necessary for any of the foregoing. “Project Water” or “Lopez Water” shall mean water made available from the Project. “Proportionate Share" shall mean the percent of the total Entitlements available to the Agency, as compared to the aggregate of all Entitlements given to the Agency and all Other Agencies hereunder and under all Contracts in any given Water Year, as set forth in Article 4(B) hereof.
"Rates and Charges" shall mean the rates and charges imposed and collected by the Agency for the provision of water services by its Water Enterprise, and/or, if the Agency shall instead have levied special taxes as described in Article 14(C)(1)(b) below, such special taxes. "Recreational Budget Transfers" shall mean the annual transfer ordered by action of the County Board from revenues earned from recreational uses of the Project, based on the percentage of recreational usage, initially established under the terms of County Board Resolution No. 2000-133, adopted on April 4, 2000.
“Refunding Bonds” shall mean those certain bonds executed and delivered by or on behalf of the District, refunding any General Obligation Bonds and/or Tax-Exempt Obligations of the District (together, the “Prior Obligations”), the proceeds of which are applied: (i) to refinance or retire the Prior Obligations of the District and (ii) to pay any costs of issuance in connection therewith. "Safe Yield" shall mean the safe yield of the Project, calculated, and established from time to time in accordance with the provisions of Article 4 hereof, being 8,730 acre-feet of water as of the date hereof.
"Scheduled Maintenance" shall mean the maintenance tasks for the Project which are required to be accomplished less frequently than annually, a portion of the cost of which is set aside in each annual budget of the District in anticipation of such requirement.
"Seismic Remediation Improvements" shall mean those certain improvements, more particularly described on Exhibit A hereto, to the 1965 Zone 3 Project required by State mandate, and necessary in order for the Project to continue to operate as a supplier of water to the District, the Agency and the Other Agencies.
"SRF Loan" shall mean the Funding Agreement (Contract No. SRF02CX138) between the State Department of Water Resources, acting on behalf of the State Department of Health Services, and the District, as heretofore amended and as it may be further amended from time to time.
"State Water Project Water" shall mean water made available to the Agency or Other Agencies (each a “State Water Project Subcontractor”) through a separate contract with the District for water from the California State Water Project (the “State Water Project”).
“Stored Lopez Water” shall mean Entitlement or Surplus Water that the Agency or Other Agencies chooses not to take delivery of and put into storage at the end of the Water Year.
“Stored State Water Project Water” shall mean water credited to the Agency or Other Agencies through initiation of an Agency Initiated Exchange. "Surplus Water" shall mean the water available from the Project following distributions of water described in Article 4, paragraphs (A), (B), and (C) hereof. "Tax-Exempt Obligations" shall mean those certain obligations executed and delivered by or on behalf of the District, representing and evidencing interests of the owners thereof in certain installment payments made by the District for the acquisition of the Project, whose proceeds were used to finance, refinance or reimburse the costs of Seismic Remediation Improvements, in an aggregate principal amount of not to exceed the net amount, following the application of proceeds of sale of the General Obligation Bonds, required to complete the Seismic Remediation Improvements pursuant to State mandate and the District's competitive bid process for such improvements. The term
“Tax-Exempt Obligations” shall also include any refunding bonds issued in order to refund (i) such Tax-Exempt Obligations or (ii) such refunding Tax-Exempt Obligations. "Total Contract Payments" shall mean all of the payments due from the Agency and the Other Agencies pursuant to Article 14 hereof and the same Article of the other Contracts.
"Total Project Costs" shall mean, for any given Water Year, the aggregate amount necessary to provide for (i) Operation and Maintenance Costs; (ii) Debt Service; and (iii) Capital Reserves, as calculated by the District in accordance with Article 14 hereof and noticed to the Agency and the Other Agencies.
“2011 G.O. Bonds” shall mean San Luis Obispo County Flood Control and Water Conservation District, Zone 3 General Obligation Refunding Bonds, 2000 Election, 2011 Series A, originally issued in the aggregate principal amount of $10,760,000. "Unit" shall mean those facilities which collectively make up the Project, delineated as follows:
(A) "Unit A" shall consist of the Lopez Dam and Reservoir, including access roads, fish trapping facilities and outlet works, all expenses of executing and delivering the Tax-Exempt Obligations, all moneys necessary to fund interest with respect to the Tax-Exempt Obligations prior to receipt of the first payments under the Contract and the other Contracts, and all engineering and legal fees for the entire Project. (B) "Unit B" shall consist of the terminal reservoir, a pumping plant and bypass conduit, the water treatment plant and the Lopez Dam-Arroyo Grande Conduit System. The "Lopez Dam-Arroyo Grande Conduit System" shall be defined as that portion of the pipeline conduit and all appurtenances from the Lopez Dam outlet works to and including a bifurcation structure located at the intersection of the El Camino Real and Brisco Road in Arroyo Grande.
(C) "Unit C" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the bifurcation structure which is a part of Unit B to the intersection of the El Camino Real and Oak Park Blvd. in Grover Beach.
(D) "Unit D" shall consist of the Arroyo Grande-Oceano Conduit System. The "Arroyo Grande-Oceano Conduit System" shall be defined as that portion of the pipeline conduit and all appurtenances from the south end of the Lopez Dam-Arroyo Grande Conduit System to a connection to the Oceano water system at the intersection of Lancaster Drive and South Elm Street in Arroyo Grande.
(E) "Unit E" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit C to the intersection of El Camino Real with Vista del Mar in Shell Beach.
(F) "Unit F" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit E to the intersection of Shell Beach Road with El Portal Drive in Pismo Beach.
(G) "Unit G" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit F to the intersection of Avila Beach Drive (San Luis Obispo County Road No. 2070) with Ontario Road (San Luis Obispo County Road No. 2066).
(H) "Unit H" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit G to the intersection of First Street and San Juan Street in the community of Avila Beach.
(I) "Unit I" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit H to the Port San Luis Harbor District Tank site. (J) "Unit J" shall consist of that portion of the Arroyo Grande-Avila Conduit System consisting of the pipeline conduit and all appurtenances from the west end of Unit G to a storage tank site at an approximate elevation of 260 feet above sea level located at a point approximately 1,300 feet westerly of the center line of Highway 101 and 1,500 feet southerly of San Luis Bay Drive (San Luis Obispo County Road No. 2068). “Variable Charges” shall mean Project pumping energy and chemical charges. "Water Enterprise" shall mean the water system operated and to be operated by the Agency for sales of water to the general public within its jurisdiction.
“Water Year” shall mean the twelve-month period from April 1 of a Calendar Year to March 31 of the immediately following Calendar Year, both dates inclusive. “Zone 3” shall mean the area comprising Zone 3 of the District. “Zone 3 Advisory Committee” shall mean that certain advisory committee comprised of representatives of the District, the Agency and each of the Other Agencies, appointed by the District, the Agency and the Other Agencies, from time to time and meeting at scheduled intervals to advise the District on matters relating to the Project, the Contract and the other Contracts.
Article 2. Term of Contract. The Contract shall become effective and shall replace and supersede the Prior Water Supply Contract as of the date that all of the following have occurred: (a) the District and the Agency have executed the Contract; (b) the District and each of the Other Agencies have executed a like amended and restated Contract and (c) the District has received the written confirmation from the rating agency or agencies and the written consent from the bond insurance provider in accordance with Article 23 of the Prior Supply Contracts. The Contract shall remain in effect through the date which is six (6) months following the repayment of the final Debt Service payments of any debt obligation outstanding; provided, however, that the term of the Contract shall automatically be extended for additional periods of five (5) years from the scheduled expiration date hereof, so long as the Agency has not, by the date which is 180 days prior to the scheduled expiration date hereof, given written notice to the District to the effect that it wishes to terminate the Contract. The Agency understands and agrees that each of the Other Agencies has the right to terminate its Contract on similar terms and that, if any Other Agency shall so elect to terminate its Contract, the Entitlement and
corresponding obligations of such Other Agency shall be apportioned among the Agency and the remaining Other Agencies, based upon a recalculation of Proportionate Share or Percentage Share, based, where appropriate, on their access to and use of Units, or as otherwise unanimously agreed by the Agency (unless the Agency shall have withdrawn), all remaining Other Agencies and the District.
Article 3. Validation. Either the District, the Agency, or any Other Agency may file and diligently prosecute to a final decree in a court of competent jurisdiction a proceeding in mandamus or other appropriate proceeding or action for the judicial examination, approval, and confirmation of any proceedings had for the organization of the District and for the participation of the Agency in projects hereunder, or for the validation of the Installment Purchase Agreement which is the basis for the Tax-Exempt Obligations, or the proceedings of the governing body of the Agency leading up to and including the making of the Contract and the validity of the provisions thereof and hereof.
Article 4. Distribution and Sale of Project Water. The following provisions govern the distribution of water from the Project to the Agency, to the Other Agencies and for other purposes, in the priorities set forth below:
(A) Legally Required Water Releases. The parties hereto acknowledge and agree that Project Water is subject to certain releases and minimum storage requirements imposed by law which are not affected by the terms hereof.
Without limiting the foregoing, the parties specifically acknowledge and agree that releases by the District pursuant to any Habitat Conservation Plan or related implementing agreement constitute release requirements imposed by law for purposes of the priorities established herein.
(B) Entitlements. Subject to the foregoing, and except as otherwise provided in Article 5, the District shall make available to the Agency in each Water Year, to the extent possible, 800 acre-feet of Project Water. The District will, in order to satisfy this entitlement and the entitlements of Other Agencies, set aside from the Safe Yield the total of 4,530 acre-feet of Project Water which will be distributed to the Agency and the Other Agencies, as established under Article 4(B) hereof and of their respective Contracts. The Agency's Entitlement comprises 17.66 percent of the aggregate Entitlements awarded under all the Contracts, including the Contract. Such percentage comprises the Agency's Proportionate Share hereunder. Notwithstanding the foregoing, the aggregate Entitlements available under the Contract and under the other Contracts may be reduced, following written notice given to the Agency from the District, due to (1) permanent or long-term restrictions imposed upon the District caused by (i) extreme changes in long-term meteorological patterns that reduce the Safe Yield assumptions for the Project or (ii) multi-year drought conditions; or (2) temporary or short-term limitations based upon (i) reduced ability of the Project either to treat or distribute water because of a Force Majeure event, (ii) drought conditions or (iii) water quality standards which reduce the safe, treated output of the Project at the time. (C) Surplus Water Rates. Surplus Water shall be the remaining portion of the annual Safe Yield of the Project after distribution of Entitlements described in paragraph (B), downstream releases, water described in paragraph (A), and including any undelivered Entitlement put into storage on behalf of the Agency and Other Agencies in that Water Year. Surplus Water shall be declared by the District on or about May 1st of
each year after end of year water accounting has been completed. Surplus Water shall be sold in accordance with the provisions of this paragraph. (1) Surplus Water shall first be offered by the District to the Agency and the Other Agencies in accordance with their Proportionate Shares.
The cost of Surplus Water shall be based on the Variable Charges as described in Article 14(D) below in any given Fiscal Year. The cost of Surplus Water shall be paid by the Agency in the same Fiscal Year as the Surplus Water is delivered to the Agency. Neither the Agency nor any Other Agency shall resell Surplus Water at any time to third parties, without the prior written consent of all Other Agencies.
(2) The District may offer to sell and deliver any Surplus Water not requested by the Agency or the Other Agencies hereunder to any other prospective purchaser without right of renewal, in a manner and at prices which will return to the District the largest net revenue practicable, but in no event at prices less than those at which such Surplus Water is delivered to the Agency, unless the Agency is first allowed another opportunity to request such Surplus Water, and in each case, attempting to recapture the Operation and Maintenance Costs, the Variable Costs, if any, and Debt Service attributable to the volume of Surplus Water actually purchased by such third parties, at the highest price the market will then bear.
(3) All revenues derived by the District from the sale of Surplus Water to any third party hereunder shall be applied as a credit to the obligations of
the Agency and the Other Agencies, based on the Percentage Shares of the Agency and each Other Agency.
(D) Surplus Water. Surplus Water shall be the remaining portion of the annual Safe Yield of the Project after distribution of Entitlements described in paragraph (B), downstream releases, water described in paragraph (A) and including any undelivered Entitlement put into storage on behalf of the Agency and Other Agencies in that Water Year.
Surplus Water shall be calculated for each Water Year by subtracting from the Safe Yield of the Project an amount equal to the sum of the quantity of water released downstream during the immediately prior Water Year, which shall not exceed 4,200 acre feet unless legally required by Article 4(A) hereof, the quantity of Entitlement water delivered to the Agency and the Other Agencies during the immediately prior Water Year, and the quantity of undelivered Entitlement water that the Agency and Other Agencies put into storage in Lopez Reservoir, but excluding downstream releases and Entitlement deliveries that occurred during the period of time that the District determined that continuous spillway flow was occurring at Lopez Dam. As provided in Article 7(B) and 7(C), Project Water that was put into storage in Lopez Reservoir prior to the District’s determination that a continuous spillway flow was occurring at Lopez Dam may be subject to losses.
The District shall notify the Agency of the total amount of Surplus Water available for the current Water Year, and once so declared by the District, said amount shall not be changed by the District without first obtaining the consent of the Agency and all Other Agencies.
Surplus Water offeredto the Agency will be delivered to Agency in the manner provided for the delivery of its Entitlement and to the extent that all of said Surplus Water offered to the Agency is not so delivered by the end of the Water Year in question or put into storage in Lopez Reservoir for the Agency, then such undelivered amount shall revert to the District and shall not thereafter be available to Agency.
(E) Stored Water. The Agency may choose to take delivery of its previously stored water regardless of whether the current year’s Entitlement or available Surplus Water has been delivered. Water put into storage by the Agency shall be subject to losses as outlined in Article 4 and Article 7.
Article 5. Water Shortages. From time to time during the term of the Contract, there may occur a shortage in the quantity of Project Water available for delivery to the Agency by the District under the Contract, including, without limitation, for the reasons enumerated in Article 4(B). In such event, no liability shall accrue against the District or any of its officers, agents or employees for any damage, direct or indirect, arising from a shortage on account of any reason beyond the control of the District. In any Water Year during which such a shortage has caused a reduction as described in said Article 4(B), so that the total quantity of the Entitlements available for the District to distribute is less than the total established in said Article 4(B), following giving of notice by the District as provided in Article 4(B), the Proportionate Share of the Agency and each Other Agency under its Contract shall be applied to such reduced amount in determining the volume of Project Water to be delivered to the Agency and such Other Agencies in such Water Year.
Article 6. Completion of Seismic Remediation Improvements. The Agency understands and acknowledges that the District intends to commence and complete the Seismic Remediation
Improvements with due diligence; in order to finance the construction of the Seismic Remediation Improvements, the Agency understands and agrees that the District will have to cause the execution and delivery of the Tax-Exempt Obligations on terms and conditions favorable to the District, the Agency and the Other Agencies, to be established at the time of sale of the Tax-Exempt Obligations. In particular, the Agency covenants and agrees that:
(A) The District shall contract for the public works comprising the Seismic Remediation Improvements on such terms as the District, in its sound business judgment, may deem in the best interests of the District, the Agency and the Other Agencies, but only following consideration by the Zone 3 Advisory Committee of any such contracts in excess of the minimum standards for contracts of a similar type then mandated for formal approval by the County Board (the "County Standards"); provided, however, that no such consideration shall be required as a precondition to any such action in response to an emergency; and
(B) The District may engage, but only (except in an emergency, in which case no such consideration shall be required as a precondition) following consideration by the Zone 3 Advisory Committee of any such contracts in excess of the County Standards, contractors and consultants, including, without limitation, environmental specialists, engineers, financial consultants, underwriters, attorneys and accountants (collectively, the "Consultants"), as may be necessary in order to plan and construct the Seismic Remediation Improvements and to issue and sell the Tax-Exempt Obligations, on such terms and conditions as the District shall determine; provided, however, that the District and the Agency hereby covenant and agree that all such contracts already in place as of the effective date of this Contract shall be deemed
noticed to and considered by the Zone 3 Advisory Committee; and provided further, that no such consideration shall be required as a precondition to any such action in response to an emergency; and
(C) The District may authorize and sell at either public or private sale, or cause to be executed and delivered, the Tax-Exempt Obligations at any time following the effective date hereof, to provide for the financing or reimbursement to the District of the costs of the Seismic Remediation Improvements, to establish a reserve fund for the Tax-Exempt Obligations and to pay the costs of delivery thereof; and (D) The Agency will execute and provide such instruments, certificates and agreements as may be necessary in order for the District to deliver the Tax-Exempt Obligations, including, without limitation, information for inclusion in the disclosure document for the Tax-Exempt Obligations and a continuing disclosure agreement to permit compliance with Rule 15c2-12 of the Securities and Exchange Commission, respecting the Agency's financial condition and operations; and (E) The Agency will cooperate with the District and the Consultants in connection with the planning and construction of the Seismic Remediation Improvements and the authorization and delivery of the Tax-Exempt Obligations.
The District covenants and agrees to use its best efforts to complete the Seismic Remediation Improvements by a date no later than June 30, 2002.
Article 7. Delivery and Storage of Water. All water to be furnished to the Agency pursuant to this Contract shall be furnished to the Agency as provided by Article 7(A) or put into or delivered from storage in Lopez Reservoir as provided in Article 7(B) and 7(C).
(A) Water furnished to the Agency shall be delivered to the Agency at the intersection of Highway 101, South Frontage Road, and 18th Street in the City of Grover Beach.
If the Agency shall desire at any time during the term of the Contract to change the address at which it receives water from the District hereunder, or to install additional points of delivery, it may do so if it furnishes all funds necessary to cover any District expenses involved, or if it undertakes the construction of the necessary conduits and appurtenances at its own expense; provided that the Agency shall not undertake any such construction until it has first obtained District approval of the plans and specifications for such work. Upon the receipt of a request for a change in or addition to the place of delivery of water thereunder, and the deposit of any required funds as set forth in this paragraph, the District shall, if it has elected to perform its own construction of conduits and appurtenances, diligently proceed to construct the same. (B) Storage of Lopez Water. The Agency may choose to put any water into storage in Lopez Reservoir that the Agency otherwise has the right to be furnished pursuant to Article 7(A), including Entitlements as provided by Article 4(B) and Surplus Water as provided in Article 4(D). Stored Lopez Water in Lopez Reservoir is subject to the following:
(1) The Agency must comply with the requirements of Article 9. (2) Water put into storage in Lopez Reservoir by the Agency is subject to the following losses:
(a) Evaporation losses shall be calculated by the District and shall reduce the Agency's water in storage in Lopez Reservoir by calculating the amount of water lost from evaporation due to the additional lake surface area associated with the water in storage annually on a monthly timestep.
Evaporation losses are applied proportional to each Agency’s amount of water in storage.
(b) Water in storage in Lopez Reservoir shall be lost in the event the District determines that continuous spillway flow occurs at Lopez Dam that equals or exceeds the combined amount of water in storage in Lopez Reservoir on behalf of the Agency and Other Agencies. If the District determines that the spillway flow was less than the combined storage, then the water in storage in Lopez Reservoir lost by the Agency and Other Agencies shall be proportioned based on their respective amounts in storage in Lopez Reservoir and calculated such that the total water lost by the Agency and Other Agencies equals the District's determination of spillway flow. (c) Water in storage in Lopez Reservoir may be lost pursuant to Article 4(A) except that no water shall be lost from storage in Lopez Reservoir until after Entitlements made available to the Agency and Other Agencies pursuant to Article 4(B) equals zero and Surplus Water available to the Agency and Other Agencies pursuant to Article 4(D) equals zero. In such an event, the amount of water in storage in Lopez Reservoir that will be lost by the Agency and Other Agencies shall be proportioned based on Entitlements until each Agency's water in storage in Lopez Reservoir is reduced to zero or the required releases pursuant to Article 4(A) have been met, whichever occurs sooner.
(d) Water in storage in Lopez Reservoir may be lost because of a Force Majeure event. The water in storage in Lopez Reservoir lost by the
Agency and Other Agencies shall be proportioned based on their respective amounts in storage in Lopez Reservoir.
(3) Stored Lopez Water may be transferred amongst the Agency and Other Agencies subject to provision of prior written authorization to the District by each Agency involved in the transfer.
(C) Storage of State Water Project Water. The Agency and Other Agencies that have the right to "wheel" State Water Project Water pursuant to Article 31 (State Water Project Subcontractors) shall have the right to increase the Project Water that they put into storage in Lopez Reservoir subject to the terms and conditions set forth herein. State Water Project Water put into storage in Lopez Reservoir shall be accomplished by way of exchanging the delivery of Project Water that would otherwise be furnished by the District to Other Agencies pursuant to Articles 4(B) and 4(D) with State Water Project Water provided by the Agency. There are two types of exchanges, namely District Initiated Exchanges and Agency Initiated Exchanges.
(1) District Initiated Exchanges - In consideration for the right to exchange Project Water with State Water Project Water, the Agency hereby grants to the District the right to exchange its State Water Project Water (if Agency is a State Water Project Subcontractor) with Project Water and deliver such exchanged water to Other Agencies during the "Curtailment of Delivery of Project Water for Maintenance Purposes" as provided in Article 13. Any exchange undertaken pursuantto Article 7(C)(1) shall be construed as an Agency exchange of State Water Project Water with Other Agencies and shall not be construed as a District sale or delivery of State Water Project Water to Other Agencies. Prior to initiating a District Initiated Exchange hereunder
during Article 13 curtailments, Other Agencies must first request the District to effectuate the exchange and must agree to pay the Variable Costs of delivering the State Water Project Water to the Lopez system. Such District Initiated Exchanges are limited to the availability of State Water Project Water from the State Water Project Subcontractors and shall be proportioned between the State Water Project Subcontractors based on their available State Water Project Water. The quantities of water exchanged shall increase Project Water in storage for State Water Project Subcontractors and the District shall separately designate that water as "District Initiated Exchanged Water." Subsequent to any exchange hereunder, the District shall reverse the exchange as soon as possible with deliveries requested by State Water Project Subcontractors for State Water Project Water and the District shall reimburse the Other Agencies for the Variable Costs previously paid. The District Initiated Exchanged Water is not subject to evaporation losses. (2) Agency Initiated Exchanges. Water exchanged as a result of initiation by a State Water Project Water Subcontractor pursuant to this Article 7(C)(2) shall be separately designated by the District as Stored State Water Project Water and subject to the following additional terms:
(a) Evaporation losses shall be calculated by the District pursuant to Article 7(B)(2)(a).
(b) Stored State Water Project Water in Lopez Reservoir shall be lost in the event that the District determines that Continuous Spillway Flow occurs at Lopez Dam prior to the loss of any Project Water stored pursuant to Article 7(B). Water that has been put into
storage in Lopez Reservoir by the District under its authority independent from the terms of the Contract shall be lost prior to losses of Agency Initiated Exchanged Water. In the event the District determines that the spillway flow reduces Stored State Water Project Water in storage in Lopez Reservoir, then the losses between State Water Project Subcontractors shall be proportioned based on their respective amounts of Stored State Water Project Water in Lopez Reservoir.
(c) Stored State Water Project Water in Lopez Reservoir is not subject to losses pursuant to Article 4(A).
(d) Stored State Water Project Water may be lost because of a Force Majeure event.
(e) Stored State Water Project Water may be transferred amongst the Agency and Other Agencies subject to the provision of prior written authorization to the District by each Agency involved in the transfer.
Article 8. Measurement. All water furnished pursuant to the Contract shall be measured by the District at each point of delivery established pursuant to Article 7 hereof with equipment satisfactory to the District and the Agency. Said equipment shall be installed, operated and maintained by the District. All determinations relative to the measuring of Project Water shall be made by the District and, upon request of the Agency, the accuracy of such measurement shall be investigated by the District and certified to the Agency in writing. Any error appearing in the course of such investigation and certification shall be
cause for an adjustment by the District. The Agency may inspect any such measuring equipment for the purpose of determining the accuracy thereof, at its own expense at reasonable times upon reasonable notice. The District will install, or cause to be installed, backflow prevention devices in connection with such measuring equipment to prevent Project Water delivered to the Agency or to the Other Agencies from returning to the District's lines.
Article 9. Time for Delivery of Project Water. The amounts, times, and rates of delivery of Project Water to the Agency during any Water Year shall be in accordance with a water delivery schedule determined in the following manner:
(A) On or before October 1 of each Calendar Year, the Agency shall submit in writing to the District a preliminary water delivery schedule subject to the provisions of this Article and Article 4, indicating the amounts of Entitlement, and Agency Stored Lopez and Agency Stored State Water Project Water desired by the Agency during each month of the succeeding Water Year that is anticipated to be delivered to the address identified in Article 7.
(B) Upon receipt of a preliminary schedule, the District shall review and after consultation with the Agency shall make such modifications as are necessary to ensure that the amounts, times and rates of delivery to the Agency will be consistent with the available supply of water from the Project, considering the current delivery schedules of all Other Agencies.
On or before January 1 of each Calendar Year, the District shall determine and furnish to the Agency a water delivery schedule for the next succeeding Water Year, which shall show the amounts of water to be delivered to the Agency during each month of that Water Year.
(C) Changes to a water delivery schedule, requested transfers, or Agency Initiated Exchanges may be implemented by the District upon the Agency's written request, and subject to (i) the circumstances described in Article 4(B) hereof and (ii) the pre-existing requirements of the District under the water delivery schedules with the Other Agencies for the same period of time. Proposed amendments to such schedules shall be submitted by the Agency on the first day of the month and will become effective the first day of the following month and shall be subject to review and modification by the District in the same manner as the preliminary water schedule described in paragraph (B) above. (D) In no event shall the District be obligated to deliver Project Water to the Agency at a combined instantaneous rate of flow exceeding 1.15 cubic feet per second.
However, if there is additional available capacity, the District shall make reasonable efforts to deliver the amount of water an Agency requests, taking into account Project capacity and Other Agency requests as well as pro rata shares of the Safe Yield.
Article 10. Responsibility for Delivery and Distribution of Water Beyond Delivery Points.
After Project Water has passed the delivery points established in accordance with Article 7 above, neither the District nor its officers, agents or employees shall be liable for the control, carriage, handling, use, disposal, distribution or changes occurring in the quality of such water supplied to the Agency or for a claim of damages of any nature whatsoever, including but not limited to property damage, personal injury or death, arising out of or connected with the control, carriage, handling, use, disposal, distribution or changes occurring in the quality of such water beyond said delivery points, and the Agency shall defend, indemnify and hold harmless the District and its officers, agents and employees
from and against any such damages or claims of damage, except such damages or claims of damages caused by the sole proven negligence or willful misconduct of the District.
Article 11. Operation and Maintenance of Project and Water Enterprise. The parties hereto acknowledge and agree that the primary goal of the District shall be to maximize deliveries of Project Water consistent with multi-year water resource planning, subject to Safe Yield and cost considerations, as to which the District shall be expected to exercise sound business judgment.
(A) The District covenants and agrees that it will operate and maintain the Project as improved by the Seismic Remediation Improvements in accordance with all governmental laws, ordinances, approvals, rules, regulations and requirements, including, without limitation, such zoning, sanitary, pollution, environmental and safety ordinances and laws and such rules and regulations thereunder as may be binding upon the District.
The District further covenants and agrees that it will maintain and operate the Project and all pumps, machinery, conduits, apparatus, fixtures, fittings and equipment of any kind in or that shall be placed in any building or structure or made a part of any conduit or easement now or hereafter at any time constituting part of the Project in good repair, working order and condition, and that it will from time to time inspect and test all Project facilities against then-current water supply industry standards, and to pursue or recommend all necessary and proper replacements, repairs, renewals and improvements thereto. (B) In order to satisfy its covenants set forth in this Article, the District shall determine, prior to each Water Year, the amount of Capital Reserves necessary for the Project for the upcoming Water Year, shall prepare its draft annual budget by no later than March 1 to reflect such Capital Reserves, shall provide copies of each such budget to the Zone 3 Advisory
Committee, the Agency and the Other Agencies for reviewand comment, prior to its distribution to and consideration by the County Board, and shall, if deemed necessary or advisable, develop and promulgate to the Agency and the Other Agencies a multi-year improvement plan for the Project, reflecting the annual requirements for Capital Reserves. (C) At any time, or from time to time, without the consent of the Agency or any Other Agency, the District shall be entitled to undertake the construction or equipping of any Additional Project or other improvements to or repairs of the Project not comprising a Type III Additional Project, but only if (i) it shall determine that such Additional Project, improvements or repairs are necessary in order to keep the Project functioning at the levels and to maintain the water supply at the quality required hereunder and under the other Contracts; or (ii) competent Governmental Authority shall direct such Additional Projects, improvements or repairs; provided that, before an Additional Project other than a Type III Additional Project, improvements or repairs may be ordered pursuant to direction of competent Governmental Authority, the District, the Agency and the Other Agencies shall be afforded notice thereof and the opportunity to oppose the imposition of such requirement before a court of competent jurisdiction; only if a final judgment is thereafter rendered, in favor of such Additional Project, improvements or repairs, or if no such opposition is filed, shall an Additional Project other than a Type III Additional Project, improvements or repairs be constructed or made pursuant to this clause (ii). Emergency repairs to the Project may, notwithstanding the above, be made by the District without the requirement of notice and opportunity to oppose described herein. It is the intention of the parties hereto that the District shall, as and when necessary, be deemed to assign its rights to pursue opposition to the creation of any obligations hereunder by a Governmental Authority to the Agency and/or the Other Agencies, as their interests may
appear, in recognition of the status of the Agency and the Other Agencies as third-party beneficiaries hereof and real parties in interest. No preexisting right of the Agency or the Other Agencies to pursue actions administratively, by law or in equity associated with the construction, maintenance and operation of the Project shall be abrogated by the Agency or such Other Agencies by its or their execution of the Contract or the other Contracts. (D) For its part, the Agency covenants and agrees:
(1) not to sell, lease or otherwise dispose of its Water Enterprise or any part thereof essential to the proper operation thereof or to the earning or collection of the gross revenues of the Water Enterprise, nor to enter into any agreement or lease which would impair the operation of the Water Enterprise or any part thereof necessary in order to secure adequate revenues for the payment of amounts due under theContract; provided, however,that any real or personal property which has become nonfunctional or obsolete or which is not needed for the efficient operation of the Water Enterprise may be sold or disposed of if such disposition will not have the effect of reducing revenues of the Water Enterprise below the levels required under the Contract;
(2) to maintain and preserve the Water Enterprise in good repair and working order at all times, operate the same in an efficient and economical manner and pay all operation and maintenance costs of the Water Enterprise as they become due;
(3) not later than the first day of each Fiscal Year, to adopt and make available to the District a budget approved by its governing board setting forth the amounts budgeted to be paid under the Contract;
(4) to comply with, keep, observe and perform all agreements, conditions, covenants and terms, express or implied, required to be performed by it contained in all contracts for the use of the Water Enterprise and all other contracts affecting or involving the Water Enterprise to the extent that the Agency is a party thereto;
(5) not to create or allow any lien on or payment from the revenues of the Water Enterprise or any part thereof prior to or superior to its obligation to pay amounts payable under the Contract;
(6) to procure and maintain such insurance relating to the Water Enterprise which it shall deem advisable or necessary to protect its interests, which insurance shall afford protection in such amounts and against such risks as are usually covered in connection with similar water enterprises in the State; provided, that the Agency shall not be required to procure or maintain any such insurance unless such insurance is commercially available at reasonable cost; and provided further, that any such insurance may be maintained under a self-insurance program, so long as such self-insurance program is maintained in accordance with standards and in such amounts as are then usually maintained for similar water enterprises in the State;
(7) to pay and discharge all taxes, assessments and others governmental charges which may hereafter be lawfully imposed upon the Water Enterprise or any part thereof when the same shall become due; duly observe and conform with all valid regulations and requirements of any governmental authority relative to the operation ofthe Water Enterprise, that are not being contested in good faith; and
(8) if all or any material part of the Water Enterprise shall be taken by eminent domain proceedings, or if the Agency receives any insurance proceeds resulting from a casualty loss to any material portion of the Water Enterprise, the proceeds thereof shall be used to construct or install replacements for the condemned or destroyed components of the Water Enterprise or to prepay the Agency's share of Debt Service under the Contract.
Article 12. Water Quality. All water delivered to the Agency under the Contract shall meet all State and San Luis Obispo County minimum water quality standards for water for domestic use.
Article 13. Curtailment of Delivery of Project Water for Maintenance Purposes. The District may temporarily discontinue or reduce the amount of water to be furnished to the Agency for purposes of maintaining, repairing, replacing and investigating or inspecting, any of the facilities necessary for the furnishing of Project Water to the Agency hereunder. Insofar as it is feasible, the District will give the Agency advance notice of any such temporary discontinuance or reduction, except in the case of emergency, in which case no advance notice need be given.
In the event of such discontinuance or reduction, the District will apply its best efforts to minimize the duration and severity of service interruption hereunder and shall, as nearly as possible, make available to the Agency Project Water sufficient to make up for any shortfall in deliveries of water to the Agency during the period of curtailment.
Article 14. Rate and Method of Payment. Commencing with the first Water Year during which Project Water is made available to the Agency hereunder, the Agency shall pay to the District in advance and on "a semiannual basis, its Contract Payments, calculated and paid in accordance
with the further provisions of this Article, for the Project Water made available under this Contract for such Water Year.
(A) Allocation of Total Project Costs and Debt Service. On or before April 1 of each Calendar Year, the District shall calculate, or cause to be calculated, Total Project Costs for the Fiscal Year commencing on the immediately following July 1. The District shall deduct from the calculated Total Project Costs for such Fiscal Year: (1)the general ad valorem property taxes to be received by the District during the Fiscal Year in question; provided that any ad valorem taxes levied and paid to provide debt service on the District's General Obligation Bonds outstanding at any time shall be restricted to use for the payment of debt service on such General Obligation Bonds and shall not be included in the deducted amount represented by the foregoing clause; and (2) a sum equal to Recreational Use Revenues received by the District during the Fiscal Year about to be concluded. The result shall comprise the Total Contract Payments due, collectively, from the Agency hereunder and from the Other Agencies under their respective Water Supply Contracts.
In determining the Debt Service portion of Total Project Costs during any Fiscal Year to be supported by the Agency, the District shall make the following calculations:
• [(G.O. Debt Service) + (Installment Debt Service) + (SRF Loan Debt Service] - (District Revenues) = Allocable Debt Service ("ADS")
• [(Proportionate Share) x ADS] = Annual Agency Obligations ("AAO") • AAO - (G.O. Tax Collections) = Agency Debt Service
For purposes of the above calculations, the term "G.O. Debt Service" above refers to the debt service on the District's General Obligation Bonds; the term "Installment Debt Service" refers to the installment payments due with respect to the Tax-Exempt Obligations; the term
"SRF Loan Debt Service" refers to the payments due with respect to the SRF Loan; the term "Proportionate Share" refers to the Agency's Proportionate Share hereunder; the term "District Revenues" refers to the amounts available to the District under the second sentence of this paragraph (A) of Article 14; and the term "G.O. Tax Collections" refers to amounts collected to support the General Obligation Bonds within the boundaries of the Agency during the Fiscal Year in question, based upon then-current levies; provided, however, that in the case of County Service Area No. 12, such boundaries shall be deemed to include that area comprising Avila Beach Community Services. District, as well as the area comprising such County Service Area No. 12. In no event shall Agency Debt Service, as calculated above, be a figure less than zero. The foregoing calculations shall be performed by the District each Fiscal Year and shall be made available to the Agency with respect to each Other Agency, as well.
No more frequently than annually, the District shall retain a certified public accountant, or firm thereof, with the approval of the Zone 3 Advisory Board, which shall be responsible for reviewing and confirming the Agency Debt Service figures resulting from the foregoing calculations, and reporting the same to the Agency, the District and each Other Agency.
(B) Agency Contract Payments. Unless the Agency shall, in accordance with paragraph (C) below, be entitled to an offsetting credit, the Agency shall be obligated to pay to the District:
(1) on or before July 1 and the immediately following January 1 of each Fiscal Year, a sum equal to one-half of its Percentage Share of charges for Operation and Maintenance Costs and Capital Reserves for such Fiscal Year;
(2) on or before July 1 of each Fiscal Year, a sum equal to Agency Debt Service, as calculated under paragraph (A) above; and (3) on or before July 1 and the immediately following January 1 of each Fiscal Year, the Variable Charge calculated in accordance with paragraph (D) below.
(C) Agency Credits against Contract Payments. The following shall constitute credits against the obligations of the Agency to pay Contract Payments to the District:
(1) (a) If, prior to the date upon which the District causes the Tax-Exempt Obligations to be sold, the Agency shall contribute, in cash, a sum for its Proportionate Share of the total amount of costs and expenses projected by the District as the basis for the Seismic Remediation Project, or any portion of its Proportionate Share, so that the aggregate principal component of the Tax-Exempt Obligations is reduced by such sum, the Agency's Proportionate Share of Debt Service, and therefore, of Total Project Costs, shall be reduced accordingly; and
(b) If the Agency shall, following the date of delivery of the Tax-Exempt Obligations, successfully implement a financing plan within its jurisdiction to fund all or a portion of Debt Service during the term of the Tax-Exempt Obligations through the levy of ad valorem property taxes, special assessments or special taxes, then the Agency shall be entitled to a credit from amounts paid under such levy as though such amounts were paid directly by the Agency hereunder, subject to the prior approval of each rating agency then rating the Tax-Exempt Obligations and any bond insurer then providing insurance
therefor; provided, however, that the District shall be made a third-party beneficiary of any pledge of such alternate source of revenues, with the power to enforce collection thereof, in the event the Agency should fail to do so; and (c) The Agency shall be entitled to a credit equal to a Percentage Share of the net revenues the District shall have received from the sale of Surplus Water and from the delivery of any water wheeled for Wheeling Customers, as defined in and pursuant to the provisions of Article 31, during the Fiscal Year in question; in determining the amount of such wheeling credits against the obligations of the Agency hereunder, the District shall apportion its net revenues from the foregoing sources, taking into account the particular Unit or Units through which delivery of Surplus Water or wheeled water was made, and shall compare the Agency's Percentage Share for such Unit or Units with the aggregate Percentage Share for all Other Agencies and the Agency for such Unit or Units. (2) On or before December 1 of each year, the District shall deliver to the Agency a statement as to the actual Operation and Maintenance Costs, Variable Charges, and Capital Reserve charges incurred or imposed during the Fiscal Year most recently concluded, and shall set forth in such statement its determination as to whether the amounts theretofore paid by the Agency as its Percentage Share of estimated charges for Operation and Maintenance Costs, Variable Charges, and for Capital Reserves were in excess of or less than its Percentage Share of such costs and charges for the Fiscal Year most recently concluded. If the Agency shall have paid less than its Percentage Share of actual Operation and Maintenance Costs, Variable Charges, and charges for Capital Reserves for such Fiscal Year, the Agency
shall remit the difference to the District within (180) days of the date upon which it receives such a statement; if the Agency shall have paid more than its Percentage Share of such costs and charges for such Fiscal Year, the District shall rebate the difference to the Agency promptly following its delivery of the closing statement, and, in any event, within thirty (30) days thereafter.
(D) Variable Charges. The sum of Variable Charges to the Agency and the Other Agencies shall be an amount which is estimated to be sufficient to compensate the District for actual Project pumping energy and chemical charges incurred. The Variable Charge shall be determined for each Fiscal Year during which Project Water is made available to the Agency under the Contract by (1) dividing the District's actual cost of pumping energy and chemical charges during that Fiscal Year by the total acre-feet of Project Water delivered by the District during such Fiscal Year to the Agency and all Other Agencies pursuant to the Contract and the other Contracts, and (2) multiplying this acre-foot charge by the number of acre-feet of Project Water delivered by the District to the Agency during such Fiscal Year. (E) Use by District of Total Contract Payments. During the term of the Contract and of the other Contracts, the District shall proceed with due diligence to collect Total Contract Payments as and when due, and shall apply amounts collected in the following order of priority:
(1) to the payment of Operation and Maintenance Costs;
(2) to the payment of Debt Service with respect to the Tax-Exempt Obligations;
(3) to the payment of Debt Service with respect to the SRF Loan; and
(4) to the replenishment or funding of Capital Reserves for the Project, in accordance with the provisions set forth in Article 10 hereof.
Article 15. Take-or-Pay Obligation of Agency. Commencing on the first date upon which Project Water is provided under the Contract, the Agency shall pay all amounts due hereunder, including, without limitation, under Article 14 hereof, without reduction or offset of any kind, whether or not the Project or any part thereof is then operating or operable or its service is suspended, interfered with, reduced or curtailed or terminated in whole or in part, due to any of the reasons outlined in Articles 4(B), 5 and 13 or otherwise, and such Agency payments shall not be conditional upon the performance or nonperformance by any party for any cause whatsoever, including the Other Agencies; provided, however, that savings from nonoperation of the Project shall be apportioned among the Agency and the Other Agencies in accordance with their Percentage Shares.
The Agency's failure or refusal to accept delivery of Project Water, or to put water into storage, to which it is entitled under the Contract shall in no way relieve the Agency of its obligation to make payments to the District as provided for herein.
Article 16. Pledge; Establishment and Collection of Rates and Charges. The Agency, unless it shall have paid cash as its share of the Total Project Costs, as provided in Article 14(C)(1) hereof, hereby pledges gross water sale revenues of its Water Enterprise to its obligations under the Contract, and covenants and agrees to establish, fix and collect Rates and Charges from the customers of its Water Enterprise at levels sufficient to produce revenues from the Water Enterprise at least equal to (A) the costs of operating and maintaining the Water Enterprise, plus (B) the Agency's Contract Payments, calculated in accordance with Article 14(B) hereof, including (C) the Agency's Proportionate Share of Debt Service, plus (D) the Coverage Factor for
the Debt Service portion of the Agency's Contract Payments; provided, however, that the provisions of Article 21(C) hereof may impose upon the Agency a surcharge following the occurrence of any payment default by the Agency. The Agency acknowledges and agrees that its obligations hereunder shall comprise, for accounting purposes, an operation and maintenance expense of its Water Enterprise.
Article 17. Default.
(A) The following shall constitute events of default hereunder:
(1) The Agency shall fail to make timely payment in full of all amounts due from the Agency under the terms of the Contract; or (2) The Agency shall fail to establish or collect, or cause to be collected, all fees, charges and other sums necessary to enable it to make the payments required hereunder, as provided in Article 16 hereof, and following thirty (30) days' written notice from the District to the Agency, shall fail to remedy such failure to the satisfaction of the District; or (3) The Agency shall fail to perform any other obligation or covenant hereunder and shall fail to remedy such failure to the satisfaction of the District within thirty (30) days following the Agency's receipt of written notice from the District, or for such additional time as is reasonably required, in the sole discretion of the District, to correct the same; or
(4) The Agency shall file any petition or institute any proceedings under any act or acts, State or federal, dealing with or relating to the subject of bankruptcy or insolvency or under any amendment to such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or
whereby the Agency seeks or prays to be adjudicated bankrupt or is to be discharged from any or all of its debts or obligations, or offers a reorganization of its obligations for the benefit of creditors, or asks for similar relief. (B) Upon the occurrence of an event of default hereunder, the District shall be entitled to proceed to protect and enforce the rights vested in the District by the Contract by appropriate judicial proceedings as the District may deem most effective, either in equity or law. Without limiting the generality of the foregoing, the District shall be entitled to pursue any of the following remedies:
(1) The District may suspend the delivery of water hereunder during the period when the Agency is delinquent in its payment for or other obligations to the District hereunder, but only following notice to the Agency and the imposition of such remedy following a formal hearing conducted by the County Board; (2) The District may compel the Agency, or its governing board, by action or suit in equity to account to the District as the trustee of an express trust;
(3) The District may pursue by action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of the District hereunder; and
(4) The District may proceed in mandamus or other suit, action or proceeding at law or in equity to enforce its rights against the Agency (and its board, officers, agents and employees) and to compel the Agency to perform and carry out its duties and obligations under the law and its covenants and obligations as set forth herein.
The use by either party to the Contract of any remedy specified herein for the enforcement of the Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provide hereunder or by law or equity.
(C) Upon each charge to be paid by the Agency to the District pursuant to the Contract which remains unpaid after the same shall have become due and payable, interest shall accrue at an annual rate equal to that earned by the County Treasurer's investment fund as provided in Government Code Section 16480 et seq. calculated monthly on the amount of such delinquent payment from and after the due date when the same becomes due until paid, and the Agency hereby agrees to pay such interest; provided, that no interest shall be charged to or be paid by the Agency unless such delinquency continues for more than thirty (30) days. The Agency hereby agrees to pay such interest to the District, whether or not the District shall pursue any of the remedies specified in this Article.
In no event shall default interest be compounded.
Article 18. Failure to Levy, Set or Collect Taxes, Rates and Charges; Establishment of Coverage Account. If the Agency for any reason shall fail or refuse to establish or levy taxes or Rates and Charges sufficient to satisfy the requirements of Article 16 hereof, or if the Agency shall be precluded from establishing rates and charges at the levels required in said Article 16, then the Agency shall promptly notify the District of such fact, in writing, and shall establish either (a) with the District; or (b) with a Depository designated by the Agency to the District in writing; a Coverage Account, into which the Agency shall deposit, from the first lawfully available funds therefor, an amount equal to one year's Coverage Factor for the Debt Service portion ofthe Agency's Contract Payments hereunder. The Coverage Account shall be invested
in accordance with applicable provisions of the Government Code, subject to any limitations established pursuant to Section 148 of the Internal Revenue Code of 1986, as amended, applicable to surplus moneys of the Agency and shall be and remain available to the Agency and to the District as a source of funds to remedy any shortfall in the payment of Agency Contract Payments hereunder. The Coverage Account shall be pledged to the District for the purposes described herein, and the Agency covenants and agrees to execute such instruments as may be necessary in order to effect a pledge of amounts on deposit in the Coverage Account, acknowledging and agreeing as well to follow the advice of special tax counsel to the District in connection with the pledge and investment of the Coverage Account, as may be necessary or advisable in order to maintain the tax status of the Tax-Exempt Obligations.
If at any time following the establishment of the Coverage Account hereunder, the Agency shall again be able to and shall collect rates and charges as required under Article 16 hereof, the Coverage Account may be released to the credit and name of the Agency for any lawful purpose thereof, upon delivery to the District of evidence satisfactory to the District that (i) the Agency has successfully levied rates and charges for its Water Enterprise at the appropriate levels for at least one full Fiscal or Water Year since the Coverage Account was first created, and (ii) the Agency is then current on all payments due under the Contract; whereupon, the District shall either release the Coverage Account to the Agency or shall direct the Depository to do so, free from the lien described herein.
Article 19.Area Served by Agency. Water delivered to the Agency pursuant to the Contract shall not be sold or otherwise disposed of by the Agency for use outside the boundaries of Zone 3 as they may now or hereafter exist, without the prior written consent of the District.
Article 20. Changes in Organization of Agency. The Agency will furnish the District with maps showing the territorial limits of the Agency and the service area or areas of its water distribution system. Throughout the term of the Contract, the Agency will promptly notify the District of any changes, either by inclusion or exclusion, in said territorial limits and service area or areas.
The Agency shall take no action to exclude any lands from the Agency or its service area or areas without the prior written consent of the District.
Article 21. Agency's Obligations Several and Not Joint: Limited Step-up Provisions and Reimbursement.
(A) Except as provided in paragraph (B) of this Article, the Agency and the Other Agencies shall be solely responsible and liable for performance under the Contract or under the other Contracts, as applicable. Their obligations to the District to make payments under the Contract and the other Contracts are expressly recognized by the District as several, and not joint, and no default on the part of one of the Other Agencies shall, in and of itself, create an event of default hereunder. The Coverage Account of the Agency, if any is established hereunder, shall not be available for any shortfall in payments under any of the other Contracts, unless otherwise directed or approved in writing by the Agency. (B) In the event that the Agency or any Other Agency (each, a "Delinquent Agency") shall fail to pay its Contract Payments hereunder or under the Other Agency's Contract, as appropriate, for any reason, then the Contract Payments for each non-delinquent agency (each, a "Non-Delinquent Agency") then participating in the Project shall be increased for the particular Water Year by an amount equal to the sum of Contract Payments not paid in full by Delinquent Agencies (collectively, the "Shortfall"); provided, however, that Non-Delinquent Agencies shall contribute to the Shortfall in a
proportion determined by dividing the Debt Service portion of the Contract Payments attributable to each particular Non-Defaulting Agency by the aggregate Debt Service portions of the Contract Payments attributable to all Non-Defaulting Agencies; and provided further, that the Agency in no event shall be required under this paragraph to contribute to the Shortfall by an amount in any Water Year exceeding the amount which is 20% of the portion of the Agency's Contract Payments representing Debt Service for that Water Year. (C) If payments are made by Non-Delinquent Agencies under the foregoing paragraph (B) during any Water Year, the District shall, beginning on the first date upon which payments are due from a Delinquent Agency and not paid in accordance with its Contract (each, a "Due Date"), declare a default as to such Delinquent Agency under its Contract and shall be entitled to curtail all deliveries of Project Water under such Contract and Delinquent Agency shall not be allowed to putwater into storagein Lopez Reservoir but may keep any water already in storage; notwithstanding the foregoing, such Delinquent Agency shall nonetheless continue to be obligated under its Contract for amounts paid on its behalf by the Non-Delinquent Agencies, until it has reimbursed each Non-Delinquent Agency in full. Amounts advanced by the Non-Delinquent Agencies hereunder are immediately due and payable by the responsible Delinquent Agency, and, if not so paid, and notwithstanding the provisions of Article 17(C), incur interest on the unpaid portion until paid in full at a rate per annum equal to the average rate for the County Treasury Pool, plus two percent (2.0%) per annum, for the month for which the County Treasury Pool rate was most recently calculated, based on a 360-day year of twelve 30-day months; provided, however, that payments to be made as reimbursements under this paragraph (C) are deemed and understood to be subordinate to the obligations of the Delinquent Agencies to pay their Proportionate Shares of Debt Service.
(D) Shortfalls in Total Contract Payments shall be remedied under this Article prior to the District's making any withdrawal from the debt service reserve fund established, or under the reserve surety bond posted, for the Tax-Exempt Obligations, if any, drawings on or under which shall be delayed until and unless insufficient moneys are available from Non-Defaulting Agencies hereunder.
(E) The District covenants and agrees to enforce the provisions of the Contract with due diligence, including, without limitation, the provisions of this Section for the benefit of the owners, from time to time, of the Tax-Exempt Obligations.
Article 22. Contracts to Be Uniform. The Contracts executed by the District with the Other Agencies shall be substantially uniform with respect to basic terms and conditions, when compared with the Contract, but shall provide for different dates, quantities of water to be delivered, water delivery points, Proportionate Shares and Percentage Shares and payment amounts.
Article 23. Amendments. The Contract shall be subject to amendment at any time by mutual agreement of the parties hereto, except insofar as any proposed amendments are in any way contrary to applicable law or would have a material adverse effect upon the owners of any of the Tax-Exempt Obligations. As a condition to any amendment to the Contract or to the other Contracts, the District shall first have received written confirmation from the rating agency or agencies then providing a rating for the Tax-Exempt Obligations, to the effect that the proposed amendments will not adversely affect the rating of the Tax-Exempt Obligations and, in the event that the Tax-Exempt Obligations, or any portion thereof, shall be covered by municipal bond insurance, the District shall have received prior written consent to such
proposed amendments from the provider of such bond insurance. Amendments may be effected upon the following conditions:
(A) Amendments to the Contract or the other Contracts which have the effect of replacing the Agency's or any Other Agency's Proportionate Share of Project Water or Percentage Share of Total Contract Payments with water purchases by or revenues contributed from either (i) the Agency or some Other Agency or (ii) a new customer, shall be subject to the approval only of those entities whose Proportionate Shares or Percentage Shares will be affected, and the District.
(B) Upon the written request of the Agency or any Other Agency, the District may order the construction or equipping of any Type III Additional Project; provided, however, that the requesting Agency or Other Agency shall first demonstrate to the satisfaction of the District that either (i) the proposed Type III Additional Project will be economically feasible with the financial support of only the requesting Agency and/or Other Agencies who voluntarily participate (whose Percentage Shares will thereafter be appropriately adjusted); or (ii) the Agency and all of the Other Agencies will consent to the funding of the Type III Additional Project and will agree to increase Total Project Costs sufficiently to provide for the costs thereof. The financing of a Type III Additional Project may be accomplished through the levy of additional Capital Reserves, the issuance of additional bonds or other evidence of indebtedness or otherwise. The undertaking of Type I or Type II Additional Projects shall not require the consent of the Agency or any Other Agency nor the amendment of the Contract.
(C) Amendments to the Contract and to the other Contracts other than those specified above shall be approved only upon the prior written and unanimous consent of the District, the Agency and all Other Agencies.
Article 24. Opinions and Determinations; Good Faith; Information to Be Provided to Zone 3 Advisory Committee.
(A) Where the terms of the Contract provide for action to be based upon opinion, judgment, approval, review or determination of either party hereto, such terms are not intended to and shall never be construed to permit such opinion, judgment, approval, review of determination to be arbitrary, capricious or unreasonable. The District and the Agency shall each act in good faith in performing their respective obligations as set forth in the Contract.
(B) The Zone 3 Advisory Committee, created by appointment of designated representatives made by the Agency, each Other Agency and the District, is hereby continued for the purpose of advising the District regarding administrative and operational concerns affecting the Project. The District covenants and agrees to present to the Zone 3 Advisory Committee, at its regularly scheduled or specially called meetings, the following items for advice and comment, in each case, prior to final presentation of the same item to the County Board:
i. the annual budgets for the District;
ii. the approval of each non-emergency Capital Project which has not theretofore been included in an annual budget of the District; it being understood and agreed that emergency repairs and improvements shall be exempt from any requirement for preview established hereby; and
iii. the mid-year review of actual fiscal performance of the Project, provided for the then-current Fiscal Year, and in any event, prior to March 31 of each calendar year, which may, to the extent practicable, be combined with the review of the District's annual budget for the next Fiscal Year.
iv. any future Habitat Conservation Plan or implementing agreement for Arroyo Grande Creek that would affect operation of the Project. v. amendments to the methodology or formula established in County Board Resolution No. 2000-133, adopted April 4, 2000, with respect to the making of Recreational Budget Transfers.
Article 25. Waiver of Rights. Any waiver at any time by either party hereto of its rights with respect to a breach or default, or any other matter arising in connection with the Contract, shall not be deemed to be a waiver with respect to any other breach, default or matter hereunder, nor as to a breach or default occurring or having occurred under any other Contract.
Article 26. Notices. All notices that are required either expressly or by implication to be given by either party to the other under the Contract shall, if given in writing, be executed on behalf of the District or for the Agency by such authorized officers as they may each, from time to time, authorize in writing for such purposes. All notices shall be deemed to have been given and delivered if delivered personally or if deposited, postage prepaid, with the United States Postal Service for delivery. Unless and until formally notified otherwise, all notices shall be addressed to the parties at their addresses shown on the signature page of the Contract; provided, however, that either party may give written notice to the other of a change in such notice address.
Article 27. Assignment; Pledge. The provisions of the Contract shall apply to and bind the successors and assigns of the respective parties, including any assignee hereof designated in connection with the execution and delivery of the Tax-Exempt Obligations, but no assignment or transfer of the Contract by the Agency, or any part hereof or interest herein, shall be valid until and unless approved by the District; provided, however,that no further assignment by the District shall be valid until and unless approved by the Agency and all of the Other Agencies; and provided further, that, so long as any Tax-Exempt Obligations are outstanding, no such assignment shall be effective until such time as the District has received assurances from each rating agency then rating the Tax-Exempt Obligations, to the effect that such transfer shall not adversely affect the rating on the Tax-Exempt Obligations, and, so long as any Tax-Exempt Obligations are then being insured by a municipal bond insurance company, until such time as the District has received the written consent from such bond insurer as to such assignment.
The Agency understands and acknowledges that the District intends to pledge amounts received and to be received hereunder and under the other Contracts to a financial institution and/or nonprofit corporation as further support for its obligations under the Tax-Exempt Obligations.
Article 28. Inspection of Books and Records. The authorized officers of the Agency shall have full and free access at all reasonable times to the account books and official records of the District insofar as the same pertain to the matters and services provided for in the Contract, with the right at any time during regular office hours of the District to make copies thereof at the Agency's expense, and the authorized officers of the District shall have similar rights with respect to the account books and records of the Agency for its Water Enterprise.
Article 29. Severability. Any provision of the Contract that is prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability, or non-authorization without invalidating the remaining provisions hereof or affecting the validity, enforceability of legality of such provision in any other jurisdiction.
Article 30. Water Rights. No provision of the Contract shall be considered to be in derogation of any existing waiver of right(s) or claim(s) to water right(s) by or any agreements concerning water rights of either party hereof, including but not limited to overlying, prescriptive, appropriative, riparian, or pueblo rights, nor shall it be construed to result in any relinquishment or adjustment of any such water rights or claims thereof; and, in particular, no provision of this Contract shall be considered to diminish, reduce or affect, in any way, either party's rights pursuant to California Water Code Section 1005.1 and/or Section 1005.2.
Article 31. Wheeling of Water. As used in this Article, the term "Existing Contractor" shall refer to the Agency and any Other Agencies presently having a contract with the District for the delivery of Project Water; any person other than an Existing Contractor which shall arrange for the delivery of water other than Project Water from the District under the terms hereof shall be described as a "Wheeling Customer." The Agency, as an Existing Contractor, shall be entitled to have additional water wheeled to it by the District through the various Units of the Project, at the actual cost of such wheeling, determined in accordance with the terms and conditions of the existing contracts by and between the District and the Agency or Other Agencies for the delivery of State Water Project Water to the Agency or Other Agencies through the Project.
If at any time during the term of the Contract, the District delivers water, other than Project Water, through any Unit of the Project to any Wheeling Customer, said Wheeling
Customer shall be required to pay for such delivery service in a manner and at prices which will return to the District the largest net revenue practicable, but in no event shall such deliveries be effected at charges less than those applicable to the delivery of Project Water to the Agency through the same Unit or Units.
In determining the appropriate charges for water delivered to a Wheeling Customer hereunder, the District shall take into account the particular Unit or Units through which delivery of such water is made, shall compare the Operation and Maintenance Costs and Debt Service costs apportionable to such Unit or Units with Total Project Costs, and shall further compare the amount of water delivered to Wheeling Customers through such Unit or Units with the amount of Project Water delivered to Existing Contractors through such Unit or Units for the same period of time.
In calculating credits to the Existing Contractors from the delivery of water to Wheeling Customers under the Contract and the other Water Supply Contracts, the District shall apportion such credits according to the Unit or Units through which such water was in fact delivered, as described in the preceding paragraph.
The provisions of this Article shall be subject to any contracts which the District may execute with the United States of America for any grants from the Department of Housing and Urban Development.
Article 32. Execution in Counterparts. The Contract may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same document.
Article 33. Governing Law. The Contract shall be interpreted, governed, and enforced in accordance with the laws of the State of California applicable to contracts made and performed in such State.
Article 34. Re-Funding Related Provisions. The Agency concurs with the recommendation of the District to effect a refunding of the Tax-Exempt Obligations and the General Obligation Bonds issued in connection with the SLO County Financing Authority Lopez Dam Improvement Revenue Bonds, 2000 Series A and agrees to take all appropriate action in support of the issuance of the Refunding Bonds, as recommended by the District, its Bond Counsel, being Fulbright & Jaworski L.L.P., and its Financial Advisor, being Public Financial Management. In particular, the Agency understands and agrees that it will have incurred additional continuing disclosure obligations with respect to the Refunding Bonds, as more particularly described in the Continuing Disclosure Agreement to be executed in connection with the Refunding Bonds, pursuant to Rule 15c2-12 of the Securities and Exchange Commission. The Agency concurs with the recommendation of the District to effect a refunding of the Tax-Exempt Obligations and the General Obligation Bonds issued in connection with the SLO County Financing Authority Lopez Dam Improvement Refunding Revenue Bonds, 2011 Series A (the “2011 Series A Bonds”) and agrees to take all appropriate action in support of the issuance of Refunding Bonds, as recommended by the District, its Bond Counsel, being Norton Rose Fulbright US LLP, and its Financial Advisor, being KNN Public Finance, LLC, provided, however, the Refunding Bonds shall result in a minimum 3% present value total debt service savings reduction and lower annual debt service payments in every year (inclusive of any costs associated with the refinancing and the term of the Refunding Bonds shall not extend beyond the term of
the 2011 Series A Bonds of August 1, 2030. In particular, the Agency understands and agrees that it will have incurred additional disclosure obligations with respect to the Refunding Bonds; provided the disclosure obligations of the Agency shall be no more extensive than those in connection with the 2011 Series A Bonds under federal securities laws and Securities and Exchange Commission Rule 15c2-12.
In the event that Agency is unable to meet its obligation to provide certain financial and operating data relating to such Agency, and is therefore unable to meet all acts, conditions and things required by law to be done or performed in strict conformity with the laws authorizing the issuance of general obligation refunding bonds, then the District may provide an amount (the “Advance”) necessary to effectuate a refunding of the installment purchase portion of the original Tax-Exempt Obligations attributable to the Agency (the “Agency’s Installment Purchase Obligation”) on the scheduled closing date for the refunding bonds. Such an Advance by the District shall be considered a loan to the Agency, and the Agency shall thereafter be obligated to continue to make payments to the District in accordance with the original Agency Debt Service schedule related to the Agency’s Installment Purchase Obligation as though the original Tax-Exempt Obligation had never been refunded until such time as the Advance, plus interest accrued thereon at the interest rate applicable to the original Tax-Exempt Obligations, shall be repaid to the District in full.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the dates set forth below.
SAN LUIS OBISPO COUNTY
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
BY: _____________________________
Chair, Board of Supervisors
Date: ______________________________
Address for Notices:
Department of Public Works
County Government Center
San Luis Obispo, California 93408
Attn: Director of Public Works
APPROVED AS TO FORM:
County Counsel
BY: ____________________________
Deputy County Counsel
ATTEST:
County Clerk
BY: ____________________________
Deputy
THE CITY OF GROVER BEACH
BY: _____________________________
Mayor
Address for Notices:
154 South 8th Street
Grover Beach, CA 93433
Attn: City Manager
ATTEST:
BY: ____________________________
APPROVED AS TO FORM:
City Attorney
BY: ____________________________
David P. Hale
L:\Utilities\2022\August\BOS\Zone 3 Amended Restated Contracts\Zone 3 Agency Contracts\Zone 3 2022 Contract_The City of Grover Beach.docx.JO.sc
EXHIBIT A – THE PROJECT
Alluvium Strengthening
A portion of the downstream shell of Lopez Dam will be removed temporarily to allow access for strengthening of the foundation with stone columns.' The area of alluvium to be excavated would extend about 150 feet downstream from the existing toe of the dam, and the excavation would be to approximately elevation 340 feet in the center and to 370 feet on the sides. The total volume of excavated materials to be temporarily stored is estimated to be 400,000 to 500,000 cubic yards (cy). This includes the topsoil, which will be salvaged and stored separately. During excavation of the alluvium and installation of the stone columns, groundwater will need to be lowered as much as 30 feet in the excavation area. In addition, the outlet control building, portions of the associated piping, and the outflow channels connecting to Arroyo Grande Creek will need to be relocated downstream prior to the excavation, or a temporary bypass will need to be constructed, so that the outlet works can remain operational during the work. The bypass flows could enter the creek either through an existing pipe that discharges at the County property line (about 1,000 feet downstream) or at a location developed by the construction contractor near the western edge of the abandoned trout farm ponds. The outlet control building will be moved approximately 300 feet west along the access road while the channels will be moved into either one or two new channels 50 to 200 feet downstream from the existing discharge location.
Stone columns will be installed using a crane-operated vibrating probe. The vibration acts to densify and strengthen the ground, and the stone columns provide additional strength.
Approximately 2000 columns, approximately 3 to 4 feet in diameter, will be installed in a triangular' pattern with the columns spaced at approximately 7 to 9 feet on centers. The area of installation will extend from abutment to abutment (approximately 570 feet) and be about 200 feet in width (upstream/downstream distance) under the existing berm of the downstream shell. Gravel material for the stone columns (65,000 to 75,000 cy) will be imported by truck throughout the process.
The downstream berm, including the filter/drain material, will be replaced after the columns are installed using the material removed and stored as well as additional filter/drain material imported from a commercial source. Additional buttress material will be placed over the downstream shell after the stone columns are installed and the alluvium and shell materials that were removed are replaced. As a result, the Dam crest would be widened by approximately 130 feet. The buttress may be extended if testing during stone column installation indicates that strengthening of the alluvium is less than predicted. This additional buttress would require 200,000 to 400,000 cy of material.
Water level in the reservoir will need to be maintained at or below the currently mandated level of 510 feet, possibly down to elevation 480 feet. Construction is estimated to take approximately 18 months.
Dewatering will be necessary during excavation of the alluvium to elevation 340 feet, installation of the central stone columns, and replacement of the alluvium to maintain the ground water level approximately 10 feet below the excavated ground surface.
Dewatering may also be required during excavation ground surface. Dewatering may also be required during excavation of the borrow material for the buttress if groundwater is encountered.
Borrow areas for material needed in strengthening the dam can come from the Arroyo Grande Creek floodplain downstream of the dam that was excavated during the original construction of the dam. Approximately 25,000 to 35,000 cy of commercially obtained materials are expected to be required for "filter and drain" zones of the Dam. The materials will be needed at the beginning of backfill after the stone columns are completed.
Appurtenant Facility Improvements
The left abutment has been suspected of having seepage, and the spillway structure (on the right abutment) requires repairs to areas of the concrete floor and walls.
Construction activities will occur at the spillway and at the left abutment to correct these problems.
Seepage in the left abutment may have carried some abutment materials out though the drains in the dam, resulting in voids. Grouting will be used to reduce this seepage by filling any such voids. This work is independent of the remediation activities and could be performed in parallel with them.
Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 26, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Resolution Amending the Community Development Director Job Specification
RECOMMENDATION
Adopt the Resolution amending the Community Development Director Job Specification.
BACKGROUND:
The Community Development Director manages the overall operation of the Community Development Department, including planning, building, code compliance, housing, community block grant programs and commercial cannabis regulatory oversight. The director also works with the City Manager’s Office on economic development and the expansion of commercial, industrial and housing uses to enhance the City’s vitality. Additionally, the director establishes department goals, objectives, policies and procedures; provides assistance to the Planning Commission, the City Manager and the City Council; and coordinates activities with other City officials, departments, outside agencies, organizations and the public.
The current Community Development Director is retiring at the end of 2022 and staff is currently recruiting for this position. Prior to the recruitment, staff reviewed the existing job specification (see Exhibit A to the Resolution) and found that it was outdated and included some duties that are no longer within the Community Development Department while not including duties overseen by the department such as commercial cannabis regulation. Therefore, staff updated the job specification to better reflect the current job duties of the Community Development Director and recently started the recruitment with this updated job specification given the need to start the recruitment quickly. Staff recommends the Council formally approve the updated specification (see Exhibit B to the resolution) consistent with past practices with Council approval of job specifications.
FISCAL IMPACT
There is no fiscal impact related to this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the Resolution amending the Community Development Director job specification; or
2. Provide alternative direction to staff.
Staff Report: Resolution Amending the Community Development Director Job Specification Page 2 September 26, 2022
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution
Attachment 1
RESOLUTION NO. 22-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA AMENDING THE CLASSIFICATION AND
COMPENSATION PLAN RESOLUTION NO. 02-73 AND AUTHORIZING
AMENDMENT TO THE JOB CLASSIFICATION OF COMMUNITY
DEVELOPMENT DIRECTOR
WHEREAS, Resolution No. 02-73 was adopted by the City Council on September 17, 2002, establishing rules governing compensation rate and related requirements for all job classes; and
WHEREAS, the existing Community Development Director is retiring at the end of 2022 and staff is recruiting for the position; and
WHEREAS, the existing job specification for the Community Development Director position (Exhibit A to this resolution) has not been updated in many years, includes duties no longer within the Community Development Department and does not include duties that are overseen by the department;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend Resolution No. 02-73 to amend the Community Development Director job specification as shown in Exhibit B to this resolution.
On motion by _____________, second by ______________, and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at the Regular Meeting of the City Council of the City of Grover Beach, California, this 26th day of September, 2022.
JEFF LEE, MAYOR
ATTEST:
WENDI SIMS, CITY CLERK
**DRAFT**
FLSA: EXEMPT
CITY OF GROVER BEACH
COMMUNITY DEVELOPMENT DIRECTOR
DEFINITION:
Under administrative direction, plans, manages, and directs the operations and services of the Community Development Department, which include planning, building, community block grant programs, public works, and utilities services; coordinates activities with other City officials, departments, outside agencies, contractors, organizations, and the public; establishes department goals, objectives, policies, and procedures; provides staff assistance to the Planning Commission, the City Manager, and the City Council; serves as the Deputy Director of the Improvement Agency; serves as a technical resource for assigned staff; performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
The Community Development Director is the department director class managing the overall operation of the Community Development Department, including planning, building, community block grant programs, public works, and utilities services. The incumbent also supervises economic development and redevelopment services. This class is distinguished from the next higher class of City Manager in that the latter manages the overall City operations.
SUPERVISION RECEIVED AND EXERCISED:
Receives administrative direction from the City Manager. Exercises direct and indirect supervision over management, professional, technical, and office support personnel.
ESSENTIAL FUNCTIONS: (include but are not limited to the following) • Directs all Community Development Department activities and services, including planning, building, community block grant programs, public works, utilities, economic development, and redevelopment operations; plans, directs, coordinates, and participates in the Department’s work plan; assigns work activities to appropriate department personnel; reviews and evaluates work methods and procedures; identifies and resolves problems and/or issues; coordinates activities with other City officials, departments, contractors, outside agencies, organizations, and the public. • Directs and participates in all advanced and current planning, zoning, economic development, and design review activities for the City; directs and participates in the maintenance and update of the City’s General Plan; evaluates projects for consistency with the General Plan, zoning, and subdivision ordinances, and other applicable rules, regulations, and policies; directs building inspection and code compliance activities and ensures compliance with appropriate laws, ordinances, and regulations. • Directs the Public Works Division's operations, including water, wastewater, parks, solid waste disposal, storm drains, and streets operations and services. • Prepares and/or reviews contracts, agreements, resolutions, ordinances, and bid documents for Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a class. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
Exhibit A
City of Grover Beach
COMMUNITY DEVELOPMENT DIRECTOR
assigned divisions; coordinates or directs staff in the coordination of outside vendors for various contract services.
• Prepares and presents reports and other information to the City Council and other governmental and non-governmental bodies.
• Develops, implements, and maintains departmental goals, objectives, policies, and procedures; reviews and evaluates work methods and procedures for improving organizational performance, enhancing services, and meeting goals; ensures that goals are achieved. • Administers and oversees the management of a variety of planning, economic development, building, and housing agreements, contracts, and contractors; ensures compliance with performance and cost agreements; evaluates cost effectiveness of agreements. • With the contract City Engineer, administers and oversees the management of a variety of design, construction, and maintenance contracts and contractors; ensures compliance with performance and cost agreements; evaluates the cost effectiveness of agreements. • Manages the selection, training, and evaluation of programs for all Community Development personnel; provides and/or coordinates staff training; identifies and resolves staff deficiencies; provides corrective personnel actions as required; reviews the work of department personnel to ensure compliance with applicable federal, state and local laws, codes, and regulations. • Works with various federal, state, regional, county, city, and special district agencies on City planning related matters; develops recommendations for policies, laws, ordinances, resolutions, and programs related to Community Development activities.
• Prepares, manages, and coordinates the development of the Community Development budget; prepares forecasts of necessary funds for staffing, materials, and supplies; presents, justifies, and supports programs, operations, and activities; monitors and approves expenditures; discusses and resolves budget issues with appropriate staff; implements adjustments as necessary. • Serves as a resource for department personnel, City staff, other organizations, and the public; coordinates pertinent information, resources, and work teams necessary to support a positive and productive environment.
• Attends and participates in professional and community meetings; responds to and resolves sensitive and complex community and organizational inquiries, issues, and complaints; establishes and maintains a customer service orientation within the Department. • May serve as Acting City Manager in his or her absence; serves as Deputy Director for the City’s Improvement Agency.
• Establishes and maintains positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.
PHYSICAL, MENTAL, AND ENVIRONMENTAL WORKING CONDITIONS:
City of Grover Beach
COMMUNITY DEVELOPMENT DIRECTOR
Position requires prolonged sitting, standing, walking on level, uneven, and slippery surfaces, kneeling, squatting, and stooping in the performance of daily activities. The position also requires repetitive hand movement and fine coordination in preparing reports using a computer keyboard. The position also requires both near and far vision in reading written reports and work-related documents. Hearing sufficient to provide telephone and personal service is required. The nature of the work also requires the incumbent to drive motorized vehicles. The ability to lift, drag, and push files, paper, and documents weighing up to 25 pounds is also required. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:
Any combination of education and experience that provides the knowledge, skills, and abilities necessary for a Community Development Director. Typically, a Community Development Director would possess the equivalent of five years of increasingly responsible experience in urban or regional planning, including three years in a supervisory or management capacity, and a bachelor’s degree in urban or regional planning, public administration, or a related field. A master’s degree in urban or regional planning or a related field is desirable.
License/Certificate:
Possession of, or the ability to obtain, a valid Class C California driver’s license prior to appointment.
KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:
Modern principles, practices, and techniques of current and future planning, zoning, community development, public works, and utilities operations; California regulations relating to subdivisions, annexations, zoning, housing, redevelopment, and land use; physical design, demographic, environmental, economic, and social concepts as applied to municipal planning, community development, and housing; grant writing and administration; contract negotiation and administration; technological advances in land use planning; principles and practices of program and budget development, administration, and evaluation; methods and techniques of supervision, training, and motivation; basic principles of mathematics; applicable federal, state and local laws, codes, and regulations; methods and techniques of scheduling work assignments; standard office procedures, practices, and equipment; modern office practices, methods, and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling, and grammar; occupational hazards, and standard safety practices.
Ability to:
City of Grover Beach
COMMUNITY DEVELOPMENT DIRECTOR
Plan, direct, manage, and coordinate the work of the Community Development Department; develop and administer sound departmental goals, objectives, policies, and methods for evaluating achievement and performance levels; provide professional and technical advice regarding program activities to the City Manager and the City Council; represent the interests of the City with a variety of boards, committees, commissions, outside agencies, and the public; read and interpret maps, sketches, plans, drawings, specifications, and technical manuals; develop and administer a budget; negotiate and oversee consultant contracts; coordinate, develop, and conduct training programs for assigned staff; attend evening meetings as required; perform mathematical calculations quickly and accurately; interpret, explain, and apply applicable laws, codes, and regulations; read, interpret, and record data accurately; organize, prioritize, and follow up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of word processing and software applications.
Rev 05-05
Approved & Adopted:
Signature: ______________________________________ Date: ____________________ Human Resources Coordinator
Signature: ______________________________________ Date: ____________________ City Manager
FLSA: EXEMPT
CITY OF GROVER BEACH
COMMUNITY DEVELOPMENT DIRECTOR
DEFINITION:
Under the direction of the City Manager, the Community Development Director directs, manages, and supervises the operations and services of the Community Development Department. The position establishes department goals, objectives, policies, and procedures and provides assistance to the Planning Commission, the City Manager, and the City Council. The position will work closely and coordinate activities with other City officials, departments, outside agencies, organizations, and the public.
DISTINGUISHING CHARACTERISTICS:
The Community Development Director is the department director class managing the overall operation of the Community Development Department, including planning, building, code compliance, housing, community block grant programs, and commercial cannabis regulatory oversight. The director also works with the City Manager’s office on economic development and expansion of commercial, industrial, and housing uses to enhance the City’s vitality.
SUPERVISION RECEIVED AND EXERCISED:
Receives administrative direction from the City Manager. Exercises direct and indirect supervision over management, professional, technical, and office support personnel.
ESSENTIAL FUNCTIONS: (include but are not limited to the following) • Directs all Community Development Department activities and services, while developing, implementing, and maintaining departmental goals, objectives, policies and procedures. • Leading and/or overseeing updates to the City’s General Plan, Development Code, and other policy documents.
• Overseeing development application reviews in conjunction with department staff and coordinating the citywide Development Review Committee.
• Overseeing contract building services for plan review and inspection. • Managing code compliance activities in coordination with Police, Fire, Public Works, and Administrative Services Departments.
• Continuing to support the commercial cannabis industry and overseeing the implementation of on-site consumption lounges.
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a class. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
Exhibit B
City of Grover Beach
COMMUNITY DEVELOPMENT DIRECTOR
• Implementing the recent Development Code update to implement the City’s updated Housing Element which included substantial revisions including fractional densities, objective design standards and by-right development for mixed-use projects with less than 10 dwellings. • Updating the Circulation and Noise Elements as well as the Local Coastal Program. • Preparing, managing, and coordinating the Community Development Department budget. • Assigning work activities to appropriate department personnel and evaluating work methods and procedures for improving organizational performance and enhancing services. • Managing the selection, training, and evaluation of programs for all Community Development personnel and reviewing the work of department personnel to ensure compliance with applicable federal, state, and local laws, codes, and regulations. • Attending and participating in professional and community meetings and resolving sensitive and complex community and organizational inquiries, issues, and complaints. • Continue to maintain and improve a proactive, customer service orientation within the department. • Developing and presenting reports and other information to the City Council, Planning Commission, and other governmental and non-governmental bodies.
• Coordinating activities with other City officials, departments, agencies, organizations, and the public. • Establishing and maintaining positive working relationships with representatives of state/local agencies, City management and staff, and the public.
PHYSICAL, MENTAL, AND ENVIRONMENTAL WORKING CONDITIONS:
Position requires prolonged sitting, standing, walking on level, uneven, and slippery surfaces, kneeling, squatting, and stooping in the performance of daily activities. The position also requires repetitive hand movement and fine coordination in preparing reports using a computer keyboard. The position also requires both near and far vision in reading written reports and work-related documents. Hearing sufficient to provide telephone and personal service is required. The nature of the work also requires the incumbent to drive motorized vehicles. The ability to lift, drag, and push files, paper, and documents weighing up to 25 pounds is also required. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:
Bachelor’s degree from an accredited college or university in urban or regional planning, public administration, or a related field. A master’s degree in a related field is desirable.
Equivalent of five years of increasingly responsible experience in urban or regional planning, including three years in a supervisory or management capacity. Additionally, any combination of education and experience that provides the knowledge, skills, and abilities necessary for a City of Grover Beach
COMMUNITY DEVELOPMENT DIRECTOR
Community Development Director. Coastal planning experience is desirable but not required.
License/Certificate:
Possession of, or the ability to obtain, a valid Class C California driver’s license prior to appointment.
KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:
Modern principles, practices, and techniques of current and future planning, zoning, community development, public works, and utilities operations; California regulations relating to subdivisions, annexations, zoning, housing, redevelopment, and land use; physical design, demographic, environmental, economic, and social concepts as applied to municipal planning, community development, and housing; grant writing and administration; contract negotiation and administration; technological advances in land use planning; principles and practices of program and budget development, administration, and evaluation; methods and techniques of supervision, training, and motivation; basic principles of mathematics; applicable federal, state and local laws, codes, and regulations; methods and techniques of scheduling work assignments; standard office procedures, practices, and equipment; modern office practices, methods, and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling, and grammar; occupational hazards, and standard safety practices.
Ability to:
Plan, direct, manage, and coordinate the work of the Community Development Department; develop and administer sound departmental goals, objectives, policies, and methods for evaluating achievement and performance levels; provide professional and technical advice regarding program activities to the City Manager and the City Council; represent the interests of the City with a variety of boards, committees, commissions, outside agencies, and the public; read and interpret maps, sketches, plans, drawings, specifications, and technical manuals; develop and administer a budget; negotiate and oversee consultant contracts; coordinate, develop, and conduct training programs for assigned staff; attend evening meetings as required; perform mathematical calculations quickly and accurately; interpret, explain, and apply applicable laws, codes, and regulations; read, interpret, and record data accurately; organize, prioritize, and follow up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of word processing and software applications.
City of Grover Beach
COMMUNITY DEVELOPMENT DIRECTOR
Draft Revision 9/2022
Approved & Adopted:
Signature: ______________________________________ Date: ____________________ Management Analyst/Human Resources
Signature: ______________________________________ Date: ____________________ City Manager
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 26, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Bruce Buckingham, Community Development Director A. Rafael Castillo, AICP, Senior Planner
SUBJECT: Certification of a Negative Declaration and Adoption of Updated General Plan Safety Element
RECOMMENDATION
Adopt Resolutions to certify the Negative Declaration (SCH 2022080144) and adopt the update of the General Plan Safety Element.
BACKGROUND
A city’s General Plan is defined as a comprehensive, long-term plan for the physical development of a city. All cities in California are required to have a General Plan that includes the following seven elements shown below along with the year that the element was adopted or last updated:
• Land Use (2022)
• Circulation (2005)
• Housing (2020)
• Conservation and Open Space (2020)
• Safety (2000)
• Noise (1993)
In addition to the required elements, the City has a Parks and Recreation Element (2005), which is not a required element of the General Plan. The elements of a General Plan should be internally consistent and updated where needed. As part of the FY 2018-19 budget, the Council indicated the need to update the most outdated General Plan elements. The Conservation, Open Space, and Housing Elements were updated in 2020 and the Land Use Element was updated earlier this year as part of a major Development Code update. The City contracted with Rincon Consultants to prepare the Safety Element using the technical studies that were completed as part of the 2019 County of San Luis Obispo Local Hazard Mitigation Plan.
The purpose of the Safety Element is to include safety considerations in the planning and decision-making process by establishing policies related to future development that will minimize the risk of personal injury, loss of life, property damage, and environmental damage associated with natural and human-made hazards. The existing Safety Element covers the following topic areas: Seismic and Geological Hazards, Flood Hazards, Fire Hazards, Airport Hazards, Public Safety and Emergency Management, and Hazardous Materials.
Agenda Item No. 12
Staff Report: General Plan Amendment – 2022 Safety Element Update Page 2 September 26, 2022
The proposed Safety Element update brings the General Plan into compliance with current State law which requires the City to review, and update as needed, the Safety Element every eight years, concurrent with the City’s adoption of either the General Plan Housing Element or the Local Hazard Mitigation Plan. The City adopted its current Housing Element in 2020 with certification by the State Housing and Community Development, therefore, the Safety Element is required to be updated.
At its September 6, 2022 meeting, the Planning Commission recommended to the City Council approval of the General Plan Amendment to the Safety Element as presented on a 5-0 vote.
There were no comments received from the public.
New State Law Requirements
Government Code Section 65302(g) requires the City to identify and update information related to seismic and geologic hazards, evacuation routes, flood hazards, and fire hazards with each update. Senate Bill (SB) 379 (approved in 2015) requires that the 2022 Safety Element update include a set of goals, policies, and objectives based on a vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts. Assembly Bill (AB) 747 and SB 99 require local agencies to identify evacuation routes and evaluate their capacity, safety, and viability under a range of emergency scenarios and identify residential developments in hazard areas that do not have at least two emergency evacuation routes.
Vulnerability Assessment
Municipalities are required by law to conduct vulnerability assessments as part of their long-range public safety planning efforts and to prepare policies that will protect against harm caused by climate change. SB 379, Climate Adaptation and Resiliency Strategies (2015), requires the safety elements to be reviewed and updated to include climate adaptation and resiliency strategies. The vulnerability assessment is a technical study prepared in accordance with State guidelines, which identifies how the effects of climate change and related hazard events could be harmful to the community, including to the people, buildings and infrastructure, ecosystems, economic drivers, and key services. It also identifies the natural hazards climate change may exacerbate, the damage that these hazards may cause to people and community assets, and the ability of people and assets to effectively resist and recover from these hazards. The Safety Element update includes the required vulnerability assessment and addresses vulnerability related to temperature changes including extreme heat, precipitation events (drought/floods), coastal storms, coastal erosion, and sea level rise.
Overview of 2022 Safety Element Update
The 2022 Safety Element update addresses the following items:
Introduction/Setting/Regional Plans
This section outlines the setting of the city and includes a brief overview of other plans that have been created that work in tandem with the Safety Element including the Hazard Mitigation Plan, San Luis Obispo Urban Water Management Plan, and the County Emergency Operations Plan.
Critical Infrastructure
This section identifies critical infrastructure and facilities within the city including major highways such as State Highway 1, U.S. Highway 101, schools, and other buildings and infrastructure. In Staff Report: General Plan Amendment – 2022 Safety Element Update Page 3 September 26, 2022
addition to the mapping of these identified items, there is an overview of the current water demand within the city.
Public Safety and Emergency Preparedness
The Public Safety and Emergency Management section includes updates that meet the regulatory requirements for Government Code Section 65302(g)(1). Also included within the Public Safety and Emergency Management section is the identification and mapping of residential developments located in hazard-prone areas that lack at least two evacuation routes, pursuant to SB 99 (codified by Government Code Section 65302(g)(5)).
Hazards of Concern
This section details potential hazards for Grover Beach. Those include the following:
• Seismic Hazards
• Liquefaction
• Flooding
• Dam Inundation
• Tsunami and Seiche Hazards
• Wildland and Urban Fires
• Hazardous Materials
Each section includes a brief description of the hazard and how it may affect residents and businesses within the city. Previously completed maps have been updated with information from the City’s consultant for consistency with new state laws.
Climate Change Vulnerability Assessment
As mentioned earlier, SB 379 Climate Adaptation and Resiliency Strategies (2015) requires the Safety Elements of General Plans to include climate adaptation and resiliency strategies. The 2022 Safety Element update includes the following information to meet this requirement:
• Vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts. • Set of adaptation and resilience goals, policies, and objectives based on the information specified in the vulnerability assessment.
• Set of feasible implementation measures designed to carry out the goals, policies, and objectives.
The assessment includes projected climate impacts that may affect the city in the future including average temperature change, extreme heat events, drought, super storm events, erosion, sea level rise, and wildfires.
Based on the analysis, the Safety Element concludes that the City will experience higher average maximum temperatures, more severe storms, increases in extreme heat events, extended drought conditions, and increasing wildfire risk and associated air quality impacts. Extensive impacts from sea-level rise are not anticipated in the near future. In addition, the city is susceptible to the “heat island” effect, which relates to urbanized areas that experience higher temperatures than the edges of the city.
Goals, Policies and Implementation Measures
This section updates the previous goals, policies, and implementation measures for the Safety Element. Many of the implementation measures are carry overs that City staff is currently performing or will begin to perform such as outreach to neighborhoods for emergency preparedness (Five Cities Fire Authority) through grants that were recently received.
Staff Report: General Plan Amendment – 2022 Safety Element Update Page 4 September 26, 2022
Environmental Review
Rincon Consultants, the City’s consultant, has prepared a draft Initial Study and Negative Declaration in compliance with the California Environmental Quality Act (CEQA) and no comments have been received to date. The Negative Declaration concluded that the proposed General Plan Amendment (2022 Safety Element Update) would not have a significant impact on the environment (reference Attachment 1 Exhibit A).
Tribal Consultation
The City conducted Native American consultation consistent with Senate Bill 18 and Assembly Bill 52 for the project to identify potential concerns or issues associated with Native American cultural resources within the project vicinity. The City mailed consultation letters to nine Native American groups and individuals in June and received no comments requesting consultation from local Native American nations.
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Adopt Resolutions to certify the Negative Declaration and adopt the update of the General Plan Safety Element; or
2. Do not adopt Resolutions to certify the Negative Declaration and adopt the updated General Plan Safety Element; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A public hearing notice was published in the New Times on September 16, 2022.
Attachments
1. Resolution to Certify the Negative Declaration
Exhibit A: Draft Negative Declaration
2. Resolution General Plan Amendment – Safety Element
Exhibit A: 2022 Safety Element Update
Attachment 1
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR A GENERAL PLAN
AMENDMENT TO UPDATE THE SAFETY ELEMENT
WHEREAS, the City of Grover Beach prepared an Initial Study and Negative Declaration for the 2022 Safety Element Update to the City’s General Plan; and WHEREAS, the notice of the availability and circulation of the Draft Initial Study and Negative Declaration was advertised and circulated in the manner required by law; and WHEREAS, the Planning Commission of the City of Grover Beach, at its regular meeting of September 6, 2022, conducted a duly noticed public hearing and recommended the City Council adopt the Initial Study and Negative Declaration prepared for the 2022 Safety Element Update; and WHEREAS, the City Council of the City of Grover Beach, at its meeting of September 26, 2022, conducted a duly noticed public hearing to review and consider the Initial Study and Negative Declaration prepared for the 2022 Safety Element Update, attached as Exhibit A; and WHEREAS, the City Council of the City of Grover Beach makes the following Findings:
SECTION 1. The Initial Study and Negative Declaration has been prepared pursuant to CEQA and the CEQA Guidelines and circulated for a 30-day public comments period.
SECTION 2. The project will not have a significant effect on the environment.
SECTION 3. There is no substantial evidence of any significant adverse effect, either individually or cumulatively, on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of the project.
NOW, THEREFORE, BE IT RESOLVED that the above WHEREAS provisions are incorporated herein as if set out in full and the City Council of the City of Grover Beach DOES HEREBY ADOPT the Negative Declaration for the 2022 Safety Element Update to the City’s General Plan .
On motion by _____, seconded by _____, and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
Resolution No. 22-__
Negative Declaration for 2022 Safety Element Update Page 2 the foregoing RESOLUTION NO. 22-__ was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City of Grover Beach City Council on this 26th day of September 2022. ___________________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
** D R A F T **
CITY OF GROVER BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
Notice of Intent to Adopt
Negative Declaration
DA NO. 22-31 Environmental Document No. 2022-02
PROJECT TITLE Safety Element – Update to the City’s previously adopted Safety element
APPLICANT NAME &
PHONE NUMBER
City of Grover Beach
(805) 473-4520
Email [email protected]
MAILING ADDRESS: 154 South 8th Street Grover Beach, CA 93433 STAFF CONTACT: Bruce Buckingham, Community
Development Director
(805) 473-
4520
[email protected]
PROJECT ADDRESS: City Wide Project
PROJECT DESCRIPTION:
Government Code Section 65302 requires that a city’s general plan include the following elements: land use, circulation, housing, conservation, open space, noise, safety, and environmental justice. The goal of the safety element is to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards (Governor’s Office of Planning and Research 2017). In 2019, City staff to begin updates of the City’s existing General Plan Safety Element for consistency with newly enacted state laws.
The Safety Element update includes the following components:
Hazards Assessment
Safety and Hazard Mapping
Climate Change Vulnerability Assessment
Goals, Policies, and Implementation.
LEAD AGENCY: City of Grover Beach
Community Development Department
154 South 8th Street
Grover Beach, CA 93433
Document Available Online:
State Clearinghouse Review: ☒Yes SCH# 2022080144 ☐ No
Review Period Begins: 8/5/2022 Review Period Ends: 9/5/2022 Public Hearing Required: ☒Yes ☐ No Dates: Planning Commission: 9/6/2022 City Council 9/6/2022
Public Notice:
The City of Grover Beach is releasing a draft initial study and Negative Declaration for a project that is city wide for public review and comment to all effected agencies, organizations, and interested parties. Reviewers should focus on the content and accuracy of the report and the potential impacts upon the environment. The notice for this project is in compliance with the California Environmental Quality Act (CEQA). Persons responding to this notice are urged to submit their comments in writing to the City (Lead Agency) no later than 5pm on the date listed as “review period ends”. Submittal of written comments via email is also accepted and should be directed to the Staff contact at the above email address. This document may be viewed by visiting the Community Development Department listed under the lead agency address, or accessed via the City’s website.
Exhibit A
General Plan Safety Element Update
Draft Initial Study–Negative Declaration
prepared by
City of Grover Beach
Community Development Department
154 South 8th Street
Grover Beach, California 93433
Contact: Bruce Buckingham, Community Development Director prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
August 2022
r RINCON CONSULTANTS, INC.
Environmental Scientists I Planners I Engineers
rinconconsultants.com
General Plan Safety Element Update
Draft Initial Study–Negative Declaration
prepared by
City of Grover Beach
Community Development Department
154 South 8th Street
Grover Beach, California 93433
Contact: Bruce Buckingham, Community Development Director prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93401
August 2022
This report prepared on 50% recycled paper with 50% post-consumer content.
Table of Contents
Draft Initial Study–Negative Declaration i
Table of Contents
Initial Study.............................................................................................................................................1
1. Project Title.........................................................................................................................1
2. Lead Agency/Project Sponsor Name and Address..............................................................1
3. Contact Person and Phone Number ...................................................................................1
4. Project Location ..................................................................................................................1
5. General Plan Designation....................................................................................................1
6. Zoning..................................................................................................................................1
7. Description of Project .........................................................................................................1
8. Surrounding Land Uses and Setting....................................................................................2
9. Have California Native American Tribes Traditionally and Culturally Affiliated with the Project Area Requested Consultation Pursuant to Public Resources Code Section 21080.3.1? ..........................................................................................................................5 Environmental Factors Potentially Affected...........................................................................................7 Determination ........................................................................................................................................7 Environmental Checklist.........................................................................................................................9 1 Aesthetics............................................................................................................................9 2 Agriculture and Forestry Resources..................................................................................11 3 Air Quality .........................................................................................................................13 4 Biological Resources..........................................................................................................15 5 Cultural Resources............................................................................................................19 6 Energy ...............................................................................................................................21 7 Geology and Soils..............................................................................................................23 8 Greenhouse Gas Emissions...............................................................................................27 9 Hazards and Hazardous Materials ....................................................................................29 10 Hydrology and Water Quality ...........................................................................................33 11 Land Use and Planning......................................................................................................37 12 Mineral Resources ............................................................................................................39 13 Noise .................................................................................................................................41 14 Population and Housing....................................................................................................43 15 Public Services...................................................................................................................45 16 Recreation.........................................................................................................................47 17 Transportation ..................................................................................................................49 18 Tribal Cultural Resources..................................................................................................51 19 Utilities and Service Systems ............................................................................................53 20 Wildfire..............................................................................................................................57 21 Mandatory Findings of Significance..................................................................................59 References............................................................................................................................................61 City of Grover Beach
General Plan Safety Element Update
ii
Bibliography..................................................................................................................................61 List of Preparers............................................................................................................................61 Figures
Figure 1 Regional Location................................................................................................................3 Figure 2 Project Location and Critical Facilities................................................................................4 Initial Study
Draft Initial Study–Negative Declaration 1
Initial Study
1. Project Title
General Plan Safety Element Update
2. Lead Agency/Project Sponsor Name and Address
City of Grover Beach
Community Development Department
154 South 8th Street
Grover Beach, California 93433
3. Contact Person and Phone Number
Bruce Buckingham, Community Development Director
(805) 473-4520
4. Project Location
The proposed project is the citywide General Plan Safety Element update for the City of Grover Beach and applies to the entire city. The city encompasses approximately 2.25 square miles on a broad coastal plain that stretches from the coastal dunes to the Arroyo Grande Valley within the County of San Luis Obispo (see Figure 1 for regional location). United States Highway 101 (U.S. 101) runs along the city’s northeastern border, while State Route 1 (SR 1) and the Union Pacific Railroad (UPRR) run parallel along the city’s coastal border. The beach and dune area adjacent to the city are located within Pismo State Beach, which is managed by the California Department of Parks and Recreation.
5. General Plan Designation
Citywide
6. Zoning
Citywide
7. Description of Project
Government Code Section 65302 requires that a city’s general plan include the following elements:
land use, circulation, housing, conservation, open space, noise, safety, and environmental justice.
The goal of the safety element is to reduce the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards (Governor’s Office of Planning and City of Grover Beach
General Plan Safety Element Update
2 Research 2017). In 2019, City staff to begin updates of the City’s existing General Plan Safety Element for consistency with newly enacted State laws.
The Safety Element evaluates potential risks to Grover Beach by addressing the following topics:
▪ Critical Facilities and Infrastructure (refer to Figure 2) ▪ Peak Load Water Demand
▪ Public Safety Services, Emergency Preparedness, and Emergency Evacuation ▪ Seismic and Geologic Hazards
▪ Flood Hazards
▪ Wildland and Urban Fire Hazards
▪ Hazardous Materials
▪ Climate Change
The Safety Element update includes the following components:
▪ Hazards Assessment: A discussion of the city’s hazards and safety characteristics along with growth and climate change projection for Southern California, and current potential hazards in the city.
▪ Safety and Hazard Mapping: Mapping of unreasonable risks associated with the effects of seismically induced surface rupture, groundshaking, ground failure, tsunami, seiche, and dam failure, slope instability leading to the mudslides and landslides, subsidence; liquefaction, and other seismic hazards, flooding, and wildland and urban wildfires, and information and mapping related to evacuation routes, military installation, peak-load water supple requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
▪ Climate Change Vulnerability Assessment: Information regarding flood hazards, wildfire hazards, climate change vulnerabilities, and potential related risks. ▪ Goals, Policies, and Implementation: A description of the goals and policies of the Safety Element, a list of programs that will help achieve these goals and policies, and summary of hazard mitigation, resiliency, adaptation, and emergency response and evacuation objectives, along with the agency responsible for implementing the program.
8. Surrounding Land Uses and Setting
The city includes a sandy beach backed by low sand dunes runs along the western border. The city is relatively flat with low rolling hills along the northern portion of the city boundary. The climate is similar to a Mediterranean climate, with long, dry, and mild summers followed by a modest wet season during the winter months.
Grover Beach is composed of a diverse collection of neighborhoods interconnected by a grid system of streets. Land use within the city is generally characterized by suburban residential uses, with retail and commercial uses along Grand Avenue. There are also limited industrial uses along Front Street and Fourth Street. The street pattern, the abundance of small neighborhood businesses, and the proximity of housing to the commercial corridor formed along Grand Avenue, make neighborhoods in the city walkable.
Initial Study
Draft Initial Study–Negative Declaration 3
Figure 1 Regional Location
City of Grover Beach
General Plan Safety Element Update
4 Figure 2 Project Location and Critical Facilities
Initial Study
Draft Initial Study–Negative Declaration 5
The city is vulnerable to coastal and urban flooding, dam flooding, earthquakes, liquefaction, wildfires, and hazardous material release. The City of Grover Beach emergency response services consist of the Five Cities Fire Authority and the Grover Beach Police Department. The City obtains its water from Lake Lopez and groundwater wells in the Santa Maria Valley Groundwater Basin.
9. Have California Native American Tribes Traditionally and Culturally Affiliated with the Project Area
Requested Consultation Pursuant to Public
Resources Code Section 21080.3.1?
The City conducted Native American consultation consistent with Senate Bill 18 and Assembly Bill 52 for the project to identify potential concerns or issues associated with Native American cultural resources within Grover Beach. The City mailed consultation letters to nine Native American groups and individuals on April 14, 2022. The City received no comment letter requesting a consultation.
City of Grover Beach
General Plan Safety Element Update
6 This page intentionally left blank.
Environmental Factors Potentially Affected
Draft Initial Study–Negative Declaration 7
Environmental Factors Potentially Affected
This project would potentially affect the environmental factors checked below, involving at least one impact that is “Potentially Significant” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages.
□ Aesthetics □ Agriculture and
Forestry Resources
□ Air Quality
□ Biological Resources □ Cultural Resources □ Energy
□ Geology/Soils □ Greenhouse Gas
Emissions
□ Hazards & Hazardous
Materials
□ Hydrology/Water Quality □ Land Use/Planning □ Mineral Resources □ Noise □ Population/Housing □ Public Services
□ Recreation □ Transportation □ Tribal Cultural Resources □ Utilities/Service Systems □ Wildfire □ Mandatory Findings of Significance
Determination
Based on this initial evaluation:
■ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
□ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
□ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□ I find that the proposed project MAY have a “potentially significant impact” or “less than significant with mitigation incorporated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
City of Grover Beach
General Plan Safety Element Update
8 □ I find that although the proposed project could have a significant effect on the environment, because all potential significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature Date
Printed Name Title
08/05/2022
Rafael Castillo Senior Planner
Environmental Checklist
Aesthetics
Draft Initial Study–Negative Declaration 9
Environmental Checklist
1 Aesthetics
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Except as provided in Public Resources Code Section 21099, would the project:
a. Have a substantial adverse effect on a
scenic vista? □ □ □ ■
b. Substantially damage scenic resources,
including but not limited to, trees, rock
outcroppings, and historic buildings within
a state scenic highway? □ □ □ ■
c. In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and its
surroundings? (Public views are those that
are experienced from a publicly accessible
vantage point). If the project is in an
urbanized area, would the project conflict
with applicable zoning and other
regulations governing scenic quality? □ □ □ ■
d. Create a new source of substantial light or
glare that would adversely affect daytime
or nighttime views in the area? □ □ □ ■
a. Would the project have a substantial adverse effect on a scenic vista? b. Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c. Would the project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d. Would the project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area?
Scenic vistas are typically categorized as either panoramic views (which provide visual access to a large geographic area) or focal views (visual access to a particular object, scene, setting, or feature of interest). In Grover Beach, scenic resources and vistas include views of open spaces (i.e., beaches, coastal dunes, rolling hills, and wetlands). The Safety Element update includes goals, policies, and City of Grover Beach
General Plan Safety Element Update
10 programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element would not result in any change to the City’s existing development review policies, which enable the City to evaluate whether new development substantially degrades the visual environment of a particular site or its surroundings.
Moreover, individual developments would be subject to project-specific CEQA review, including review of a project’s effect on the visual character and quality of the area. The Safety Element update would not result in a physical change to the environment, and therefore, would not have a substantial adverse effect on a scenic vista, substantially damage scenic resources within a state scenic highway, substantially degrade the existing visual character or quality of public views of the site and its surroundings, nor create a new source of substantial light or glare. No impacts associated with aesthetics would occur.
NO IMPACT
Environmental Checklist
Agriculture and Forestry Resources
Draft Initial Study–Negative Declaration 11
2 Agriculture and Forestry Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use? □ □ □ ■
b. Conflict with existing zoning for agricultural
use or a Williamson Act contract? □ □ □ ■
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g));
timberland (as defined by Public Resources
Code Section 4526); or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))? □ □ □ ■
d. Result in the loss of forest land or
conversion of forest land to non-forest use? □ □ □ ■
e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland to non-agricultural use or
conversion of forest land to non-forest use? □ □ □ ■
a. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b. Would the project conflict with existing zoning for agricultural use or a Williamson Act contract?
c. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)); timberland (as defined by Public Resources Code Section 4526); or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
d. Would the project result in the loss of forest land or conversion of forest land to non-forest use? City of Grover Beach
General Plan Safety Element Update
12 e. Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use?
One 40-acre property on the southern boundary of the city remains in agricultural operation. This property is zoned Urban Reserve. No other areas in the city contain soils that are suitable for productive agricultural uses. Grover Beach does not contain any forest land, timberland, or land under Williamson Act contract.
The Safety Element update includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not result in any changes to the single property in agricultural production. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to the conversion of agricultural land to non-agricultural use. The Safety Element update would not result in a physical change to the environment, and therefore, would not result in conflicts with existing zoning for agricultural uses or existing Williamson Act contracts. The Safety Element update would not result in the loss or conversion of forest land, timberland, or agricultural resources. No impacts associated with agriculture and forestry resources would occur.
NO IMPACT
Environmental Checklist
Air Quality
Draft Initial Study–Negative Declaration 13
3 Air Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Conflict with or obstruct implementation
of the applicable air quality plan? □ □ □ ■
b. Result in a cumulatively considerable net
increase of any criteria pollutant for which
the project region is non-attainment under
an applicable federal or state ambient air
quality standard? □ □ □ ■
c. Expose sensitive receptors to substantial
pollutant concentrations? □ □ □ ■
d. Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people? □ □ □ ■
a. Would the project conflict with or obstruct implementation of the applicable air quality plan? b. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
c. Would the project expose sensitive receptors to substantial pollutant concentrations? d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Grover Beach lies within the South Central Coast Air Basin, and air quality in the city is monitored by the San Luis Obispo County Air Pollution Control District (SLOCAPCD) and the California Air Resources Board (CARB). SLOCAPCD and CARB maintain ten air quality monitoring stations in San Luis Obispo County, including one station in Grover Beach. These monitoring stations record the ambient pollutant levels for ozone (O3), particulate matter (PM10), nitrogen oxides (NOX), sulfur oxides (SOX), and carbon monoxide (CO). The levels of each of these pollutants are compared to state and federal standards in order to determine compliance. SLOCAPCD reports all monitoring data to a comprehensive national database maintained by the United States Environmental Protection Agency (USEPA).
The Safety Element update includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. These goals, policies, and implementation programs of the Safety Element update would have no effect on the SLOCAPCD’s thresholds of significance for air quality. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not create physical growth and would not affect air quality beyond what is anticipated in the City of Grover Beach
General Plan Safety Element Update
14 existing General Plan; projects that are consistent with the General Plan would be consistent with applicable air quality management plans since the regional air quality impacts associated with implementation of the General Plan have already been considered in the formulation of the plan.
Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to air quality. The Safety Element update would not result in a physical change to the environment, and therefore, would not result in a cumulatively considerable net increase of any criteria pollutant, would not expose sensitive receptors to substantial pollutant concentrations, and would not result in other emissions, such as odors. No impacts associated with air quality would occur.
NO IMPACT
Environmental Checklist
Biological Resources
Draft Initial Study–Negative Declaration 15
4 Biological Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
Would the project:
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service? □ □ □ ■
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service? □ □ □ ■
c. Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
hydrological interruption, or other means? □ □ □ ■
d. Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites? □ □ □ ■
e. Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance? □ □ □ ■
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan? □ □ □ ■
a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in City of Grover Beach
General Plan Safety Element Update
16 local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c. Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
Grover Beach is home to riparian, wetland, coastal strand, coastal sage scrub, and central foredunes vegetation. While much of Grover Beach is developed with urban uses, some areas include sensitive plant and animal species. Existing undeveloped lands provide open space and support habitats that are considered sensitive to the region. Riparian and dune habitat in the city are related to proximity to the Pacific Ocean and Meadow Creek. The beach and Meadow Creek are dominated by native habitats, some of which are sensitive plant communities. The riparian corridor surrounding the eastern branch of Meadow Creek comprises the majority of the open space area in the northeastern portion of the city. The eastern branch of Meadow Creek feeds the Pismo Lake Ecological Reserve, and the western branch passes through Pismo State Beach before meeting Arroyo Grande Creek outside of the city. Native trees are located within the Meadow Creek area, including coast live oak (Quercus agrifolia), western sycamore (Platanus racemosa), black cottonwood (Populus trichocarpa), Fremont cottonwood (Populus fremontii), red willow (Salix laevigata), and arroyo willow (Salix lasiolepis).
The Safety Element update includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not create new residential growth that would result in biological resource impacts beyond that already anticipated by the existing General Plan. Impacts to plant and animal species, sensitive habitat, and other biological resources would be assessed on a project-by-project basis, and mitigation would be required, as appropriate, in conformance with City’s Local Coastal Program (LCP), Development Code, and General Plan, and all applicable U.S.
Army Corps of Engineers, California Department of Fish and Wildlife (CDFW), and U.S. Fish and Wildlife Service (USFWS) guidelines and policies. The goals, policies, and programs in the Safety Element update would not be inconsistent with or otherwise impair implementation of any federal, state, or local regulations pertaining to the protection of biological resources. Adopting the Safety Element update would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species. The Safety Element update would not adversely affect any riparian habitat or sensitive natural community. The Safety Element update would not result in a physical change to the environment, Environmental Checklist
Biological Resources
Draft Initial Study–Negative Declaration 17
and therefore, would not result in impacts to biological resources. No impacts associated with biological resources would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
18 This page intentionally left blank.
Environmental Checklist
Cultural Resources
Draft Initial Study–Negative Declaration 19
5 Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource
pursuant to §15064.5? □ □ □ ■
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5? □ □ □ ■
c. Disturb any human remains, including
those interred outside of formal
cemeteries? □ □ □ ■
a. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c. Would the project disturb any human remains, including those interred outside of formal cemeteries?
The central coast of California was occupied at least as early as 10,000 years ago and lies within the ethnographic territory of the Chumash, and there is potential for pre-colonization archaeological sites to be present within Grover Beach. The complete California Historical Resources Information System (CHRIS) inventory is confidential and available for review on a project-by-project basis and would be consulted for future projects within the city.
The Safety Element update includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not facilitate physical growth or development that would result in cultural resource impacts beyond that anticipated by the adopted General Plan. As such, adopting the proposed Safety Element would not cause any substantial adverse change in the significance of a historical, cultural, archaeological, or tribal cultural resource. In addition, future projects in the city would be required to be evaluated on a project-by-project basis for the potential for occurrence of historical resources onsite, and to comply with applicable General Plan Land Use Element and Safety Element policies as well as state and federal guidelines for the preservation of historical, archeological, and paleontological resources. Future projects would also be required to comply with CEQA Guidelines Section 15000 et. seq., which sets procedures for notifying the County Coroner and Native American Heritage Commission for identification and treatment of human remains if they are discovered during construction. The Safety Element update would not result in a physical change to the environment, and therefore, would not substantial adverse change in the City of Grover Beach
General Plan Safety Element Update
20 significance of a historical resource pursuant to §15064.5, cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5, nor disturb human remains. No impacts associated with cultural resources would occur.
NO IMPACT
Environmental Checklist
Energy
Draft Initial Study–Negative Declaration 21
6 Energy
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in a potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project
construction or operation? □ □ □ ■
b. Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency? □ □ □ ■
a. Would the project result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b. Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
The proposed Safety Element update is a policy document and includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. Existing policies and programs for energy efficiency or conservation would not be affected by the implementation and adoption of the Safety Element. The Safety Element update would not result in a physical change to the environment, and therefore, would not result in wasteful, inefficient, or unnecessary consumption of energy resources or otherwise conflict with or obstruct a plan for renewable energy or energy efficiency. No impacts associated with energy would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
22 This page intentionally left blank.
Environmental Checklist
Geology and Soils
Draft Initial Study–Negative Declaration 23
7 Geology and Soils
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:
1. Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a
known fault? □ □ □ ■
2. Strong seismic ground shaking? □ □ □ ■
3. Seismic-related ground failure,
including liquefaction? □ □ □ ■
4. Landslides? □ □ □ ■
b. Result in substantial soil erosion or the
loss of topsoil? □ □ □ ■
c. Be located on a geologic unit or soil that is
unstable, or that would become unstable
as a result of the project, and potentially
result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction, or
collapse? □ □ □ ■
d. Be located on expansive soil, as defined in
Table 1-B of the Uniform Building Code
(1994), creating substantial direct or
indirect risks to life or property? □ □ □ ■
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater? □ □ □ ■
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature? □ □ □ ■
City of Grover Beach
General Plan Safety Element Update
24 a.1. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? a.2. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking? a.3. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction? a.4. Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides?
b. Would the project result in substantial soil erosion or the loss of topsoil? c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse?
d. Would the project be located on expansive soil, as defined in Table 1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
The proposed Safety Element updates identifies geologic hazards of concern, including seismic and liquefactions hazards, and includes hazards maps that depict earthquake hazards and liquefaction risks in the city. Grover Beach is in a seismically active region on the central coast of California, and the city is vulnerable to various types of seismic hazards including fault rupture, ground-shaking, and liquefaction. There are several faults within proximity to the city including the Wilmar Avenue fault, the San Andreas fault, and the offshore Hosgri fault. The areas with the highest risk for liquefaction in the event of an earthquake include the western edge of the city along the coastline, including West Grand Avenue, Oceano Dunes Natural Preserve, and the Pismo Beach Golf Course. As noted in the Safety Element update, in most cases these natural processes cannot be prevented; however, the magnitude of destruction resulting from natural geologic hazards can be reduced through planning policies and measures.
The proposed Safety Element update includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events related to geologic and seismic hazards, including ground shaking, fault rupture, liquefaction and seismic settlement, and slope instability. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. As such, the Safety Element update would not facilitate development or other operations that could result in or exacerbate seismic or other risks. Similarly, the Safety Element update would not directly result in or indirectly induce any development or other activities in the city that could destroy unique paleontological or geologic resources. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to geology and soils. Individual developments would also be subject to requirements of the California Building Code, which would minimize impacts Environmental Checklist
Geology and Soils
Draft Initial Study–Negative Declaration 25
associated with seismic hazards. The Safety Element update would not result in a physical change to the environment, and therefore, would not result in impacts to geology and soils. No impacts associated with geology and soils would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
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Environmental Checklist
Greenhouse Gas Emissions
Draft Initial Study–Negative Declaration 27
8 Greenhouse Gas Emissions
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Generate greenhouse gas emissions,
either directly or indirectly, that may have
a significant impact on the environment? □ □ □ ■
b. Conflict with an applicable plan, policy, or
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases? □ □ □ ■
a. Would the project generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
b. Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
The proposed Safety Element update is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update also includes a Climate Change Vulnerability Assessment and establishes goals, policies, and associated implementation programs that are aimed at minimizing hazards from climate change. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not facilitate development or other operations that could result in generation of greenhouse gas (GHG) emissions or otherwise conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to GHG emissions.
The Safety Element update would not result in a physical change to the environment, and therefore, would not result in the generation of GHG emissions. Further, existing GHG reduction policies and plans would not be affected by the implementation and adoption of the Safety Element. No impacts associated with GHG emissions would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
28 This page intentionally left blank.
Environmental Checklist
Hazards and Hazardous Materials
Draft Initial Study–Negative Declaration 29
9 Hazards and Hazardous Materials
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials? □ □ □ ■
b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment? □ □ □ ■
c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within 0.25 mile of
an existing or proposed school? □ □ □ ■
d. Be located on a site that is included on a
list of hazardous material sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment? □ □ □ ■
e. For a project located in an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project result in a safety hazard or
excessive noise for people residing or
working in the project area? □ □ □ ■
f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan? □ □ □ ■
g. Expose people or structures, either
directly or indirectly, to a significant risk of
loss, injury, or death involving wildland
fires? □ □ □ ■
a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? City of Grover Beach
General Plan Safety Element Update
30 b. Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school? d. Would the project be located on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The proposed Safety Element is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events related to hazards and hazardous materials. Specifically, the Safety Element update establishes several goals, policies, and programs related to hazards, including the transport of hazardous materials, aviation hazards, evacuation routes, and fire safety The Safety Element update would not facilitate any new or altered uses in Grover Beach that would introduce new hazards or increase transport, use, or disposal of hazardous materials beyond existing conditions. Additionally, the Safety Element update does not involve any changes to land uses or infrastructure that would result in new development or uses that could create airport hazards. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to hazards and hazardous materials. The Safety Element update would not result in a physical change to the environment, and therefore, would not result in impacts related to hazards and hazardous materials. No impacts associated with hazards and hazardous materials would occur.
NO IMPACT
f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
According to the proposed Safety Element update, emergency preparedness efforts in Grover Beach include:
▪ Implementation of risk reduction measures identified in the County of San Luis Obispo Multijurisdictional Hazard Mitigation Plan (MJHMP) for the City of Grover Beach. ▪ Water conservation measures and programs identified in the County of San Luis Obispo Urban Water Management Plan (UWMP), including regular updates to the UWMP. ▪ PulsePoint, a county-wide fire emergency alert system, is a dispatch feed used to keep residents informed about fire emergencies.
▪ Deployment of a state of the art Mobile Command Vehicle to operate Unified Command Operations during emergencies.
▪ Distribution of educational materials for emergency preparedness including brochures for various types of emergencies such as tsunamis and evacuation routes. ▪ A one-stop resource called ReadySLO.org operated by the County of San Luis Obispo, which provides preparation tips for emergencies, current information on emergencies, and recovery information.
Environmental Checklist
Hazards and Hazardous Materials
Draft Initial Study–Negative Declaration 31
The proposed Safety Element update, in accordance with California Government Code Section 65302(g), must identify residential neighborhoods that have fewer than two emergency evacuation routes. The Safety Element identifies two residential neighborhoods with fewer than two access points. The two neighborhoods include the Nacimiento neighborhood in the northern portion of the city adjacent to Highway 101 and La Sage Riviera Mobile Home Park located along the coast and parallel to Highway 1.
The proposed Safety Element is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. Specifically, the Safety Element update establishes several goals, policies, and programs aimed at emergency preparedness. Additionally, policies and associated implementation programs are intended to ensure the swift and safe evacuation of residents and employees in the event of a disaster event or other emergency. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. Existing safety and emergency response policies and plans, such as the County of San Luis Obispo MJHMP and the San Luis Obispo County Emergency Operations Plan (EOP), would not be affected by the implementation and adoption of the Safety Element update. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to hazards and hazardous materials. The Safety Element update would not result in a physical change to the environment, and therefore, would not physically interfere with an adopted emergency response plan or emergency evacuation plan. No impacts associated with emergency plans would occur related.
NO IMPACT
g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?
Refer to Section 20, Wildfire, for a discussion of potential impacts of the project relative to wildland fire. As discussed therein, no impacts associated with wildland fires would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
32 This page intentionally left blank.
Environmental Checklist
Hydrology and Water Quality
Draft Initial Study–Negative Declaration 33
10 Hydrology and Water Quality
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface or
ground water quality? □ □ □ ■
b. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin? □ □ □ ■
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
(i) Result in substantial erosion or
siltation on- or off-site; □ □ □ ■
(ii) Substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site; □ □ □ ■
(iii) Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or □ □ □ ■
(iv) Impede or redirect flood flows? □ □ □ ■
d. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation? □ □ □ ■
e. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan? □ □ □ ■
City of Grover Beach
General Plan Safety Element Update
34 a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
The City’s main water supplies are from groundwater and surface water. Grover Beach obtains its water from four groundwater wells in the Santa Maria Valley Groundwater Basin. Grover Beach receives surface water supply from Lopez Lake , which services as the main water supply for the cities of Arroyo Grande, Pismo Beach, Oceano Community Services District, and the County of San Luis Obispo Public Works Department County Service Area 12. Lopez Lake includes Lopez Reservoir and Dam, Lopez Terminal Reservoir, Lopez Water Treatment Plant, and associated water conveyance and distribution systems.
The proposed Safety Element update is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not introduce new development or uses in the city that would result in impacts to water quality. In addition, existing surface and applicable City groundwater policies and plans would not be affected by the implementation and adoption of the Safety Element. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to water quality. The Safety Element update would not result in a physical change to the environment, and therefore, would not violate any water quality standards or waste discharge requirements, decrease groundwater supplies or interfere substantially with groundwater recharge, degrade surface or ground water quality, or conflict with implementation of a water quality control plan. No impacts associated with water quality would occur.
NO IMPACT
c.(i) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site? c.(ii) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? c.(iii)Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
c.(iv)Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows? Environmental Checklist
Hydrology and Water Quality
Draft Initial Study–Negative Declaration 35
d. In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation?
Flood hazards in the city are a result of its close proximity to bodies of water. Areas that would most likely be flooded during a major rain or tsunami event include the western boundary of the city limits near the Pacific Ocean and the northernmost city limits along Meadow Creek and Pismo Lake.
Stormwater infrastructure in the city does not always have the capacity to adequately handle stormwater flows, and stormwater flooding occurs in several locations that are associated with the historic Meadow Creek floodplain.
The proposed Safety Element update is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not introduce new development or uses that would alter drainage patterns, place people in a tsunami zone, or otherwise increase risks associated with flooding. Nevertheless, policies and associated implementation programs in the Safety Element update are aimed at minimizing the impacts of flooding hazards in the community and would provide for enhanced stormwater and floodwater management to avoid potential adverse effects of erosion, stormwater runoff, flooding, and inundation. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to water quality. The Safety Element update would not result in a physical change to the environment, and therefore, would not alter drainage patterns, place people in a tsunami zone, or otherwise increase risks associated with flooding. No impacts associated with flooding would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
36 This page intentionally left blank.
Environmental Checklist
Land Use and Planning
Draft Initial Study–Negative Declaration 37
11 Land Use and Planning
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Physically divide an established
community? □ □ □ ■
b. Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect? □ □ □ ■
a. Would the project physically divide an established community? b. Would the project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
The proposed Safety Element update is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The proposed Safety Element update would not introduce new development or uses that would divide an established community. Existing policies and programs related to land use, such as the General Plan Land Use Element and zoning regulations, would not be affected by the implementation and adoption of the Safety Element.
Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to land use and planning. The Safety Element update would not result in a physical change to the environment, and therefore, would not physically divide an established community. Further, the Safety Element would not cause any significant environmental impacts due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. No impacts associated with land use and planning would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
38 This page intentionally left blank.
Environmental Checklist
Mineral Resources
Draft Initial Study–Negative Declaration 39
12 Mineral Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Result in the loss of availability of a known
mineral resource that would be of value to
the region and the residents of the state? □ □ □ ■
b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan, or other land use plan? □ □ □ ■
a. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Grover Beach does not contain any areas identified by the California Department of Conservation as having substantial mineral resources and has no operating mine or quarry operations. Therefore, adoption of the proposed Safety Element would not result in the loss of availability of locally important mineral resources or recovery sites. No impacts associated with mineral resources would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
40 This page intentionally left blank.
Environmental Checklist
Noise
Draft Initial Study–Negative Declaration 41
13 Noise
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project result in:
a. Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies? □ □ □ ■
b. Generation of excessive groundborne
vibration or groundborne noise levels? □ □ □ ■
c. For a project located within the vicinity of
a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels? □ □ □ ■
a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The proposed Safety Element update is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The proposed Safety Element update would not result in any land use changes or include any provisions that would result in the generation of noise or vibration substantially different from that associated with existing uses in the city. Furthermore, project-specific CEQA analysis would be required for all future development to evaluate potential noise and vibration impacts and mitigation, if applicable. No impacts associated with noise or vibration would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
42 This page intentionally left blank.
Environmental Checklist
Population and Housing
Draft Initial Study–Negative Declaration 43
14 Population and Housing
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Induce substantial unplanned population
growth in an area, either directly (e.g., by
proposing new homes and businesses) or
indirectly (e.g., through extension of roads
or other infrastructure)? □ □ □ ■
b. Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere? □ □ □ ■
a. Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
The proposed Safety Element update includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not result in development of new homes or businesses, or other infrastructure changes in the City of Grover Beach. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to population and housing. Therefore, the Safety Element would not induce substantial population growth or displace substantial numbers of people or housing. No impacts associated with population and housing would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
44 This page intentionally left blank.
Environmental Checklist
Public Services
Draft Initial Study–Negative Declaration 45
15 Public Services
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically altered
governmental facilities, or the need for
new or physically altered governmental
facilities, the construction of which could
cause significant environmental impacts,
in order to maintain acceptable service
ratios, response times or other
performance objectives for any of the
public services:
1 Fire protection? □ □ □ ■
2 Police protection? □ □ □ ■
3 Schools? □ □ □ ■
4 Parks? □ □ □ ■
5 Other public facilities? □ □ □ ■
a.1. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, or the need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
a.2. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities, or the need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
a.3. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered schools, or the need for new or physically altered schools, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? a.4. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered parks, or the need for new or physically altered parks, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives? City of Grover Beach
General Plan Safety Element Update
46 a.5. Would the project result in substantial adverse physical impacts associated with the provision of other new or physically altered public facilities, or the need for other new or physically altered public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives?
Fire protection for the city is provided by the Five Cities Fire Authority, which also serves the City of Arroyo Grande and the Oceano Community Services District. The Five Cities Fire Authority operates three fire stations with one station located in each of the participating communities (the station in Grover Beach is located at 701 Rockaway Avenue). The City operates its own Police Department, and the police station is located at 711 Rockaway Avenue. The Lucia Mar Unified School District serves Grover Beach and other surrounding communities. Parks and recreation facilities in Grover Beach are operated and managed by the City’s Parks and Recreation Department.
The proposed Safety Element is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. Specifically, the Safety Element update establishes goals, policies, and associated implementation programs that are aimed at minimizing urban fire hazards and facilitating adequate emergency access. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update entails no land use changes, and would not add any demand for additional fire, police, school, park, or other public facilities. In addition, as future growth in the city occurs, any needs that arise would be addressed and met as each development is proposed and would be funded through the payment of development fees or project specific mitigation, as appropriate and in accordance with Section 65995(h) of the California Government Code (Senate Bill 50, August 27, 1998). Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to public services. Because the Safety Element update does not provide new sites for housing or businesses, nor alters existing land use and zoning designations to facilitate development, there would be no impacts associated with public services.
NO IMPACT
Environmental Checklist
Recreation
Draft Initial Study–Negative Declaration 47
16 Recreation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
a. Would the project increase the use of
existing neighborhood and regional parks
or other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated? □ □ □ ■
b. Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on
the environment? □ □ □ ■
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? The proposed Safety Element includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. Specifically, the Safety Element update establishes a policy and implementation program that call for engaging with other agencies to address sea level rise on coastal dunes, which support recreational activities. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The proposed Safety Element update would not facilitate or allow future development of residential uses that would increase the population in the city, thereby increasing demand on parks or recreational facilities. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to recreation. No impacts associated with parks and recreational facilities would occur.
NO IMPACT
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General Plan Safety Element Update
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Environmental Checklist
Transportation
Draft Initial Study–Negative Declaration 49
17 Transportation
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities? □ □ □ ■
b. Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision
(b)? □ □ □ ■
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible use (e.g., farm equipment)? □ □ □ ■
d. Result in inadequate emergency access? □ □ □ ■
a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible use (e.g., farm equipment)? d. Would the project result in inadequate emergency access? The proposed Safety Element includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The Safety Element update would not facilitate any new or altered uses in the city that would result in increased vehicle trip generation or vehicles miles traveled that would affect the local transportation system. Existing policies and programs related to the circulation system would not be affected by the implementation and adoption of the Safety Element. The Safety Element update does not involve any changes to land uses or infrastructure in the city that would result in roadway design hazards or inadequate emergency access. Specifically, the Safety Element update retains existing policies and implementation measures that reduce or minimize hazards on roadways. Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to transportation. No impacts associated with transportation would occur.
NO IMPACT
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General Plan Safety Element Update
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Environmental Checklist
Tribal Cultural Resources
Draft Initial Study–Negative Declaration 51
18 Tribal Cultural Resources
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in a Public Resources Code Section 21074 as either a site, feature, place, or cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a. Listed or eligible for listing in the California
Register of Historical Resources, or in a
local register of historical resources as
defined in Public Resources Code Section
5020.1(k), or □ □ □ ■
b. A resource determined by the lead agency,
in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code
Section 5024.1, the lead agency shall
consider the significance of the resource
to a California Native American tribe. □ □ □ ■
a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code Section 21074 that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
b. Would the project cause a substantial adverse change in the significance of a tribal cultural resource as defined in Public Resources Code 21074 that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? The proposed Safety Element is a policy document that includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. The City of Grover Beach conducted Native American consultation consistent with Senate Bill 18 and Assembly Bill 52 for the Safety Element update to identify potential concerns or issues associated with Native American cultural resources. The City mailed consultation letters to nine Native American groups and individuals on April 14, 2022. The City received no consultation request.
The Safety Element update would not result in a physical change to the environment, and therefore, would not cause a substantial adverse change in the significance of a tribal cultural resource.
City of Grover Beach
General Plan Safety Element Update
52 Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to tribal cultural resources. Therefore, adoption of the proposed Safety Element would not result in any substantial adverse changes in the significance of tribal cultural resources. No impacts associated with tribal cultural resources would occur.
NO IMPACT
Environmental Checklist
Utilities and Service Systems
Draft Initial Study–Negative Declaration 53
19 Utilities and Service Systems
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Would the project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects? □ □ □ ■
b. Have sufficient water supplies available to
serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years? □ □ □ ■
c. Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it has
adequate capacity to serve the project’s
projected demand in addition to the
provider’s existing commitments? □ □ □ ■
d. Generate solid waste in excess of State or
local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals? □ □ □ ■
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste? □ □ □ ■
a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
City of Grover Beach
General Plan Safety Element Update
54 d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
The City’s main water supplies are from groundwater and surface water. Grover Beach obtains its water from four groundwater wells in the Santa Maria Valley Groundwater Basin. Grover Beach receives surface water supply from Lopez Lake , which services as the main water supply for the cities of Arroyo Grande, Pismo Beach, Oceano Community Services District, and the County of San Luis Obispo Public Works Department County Service Area 12. Lopez Lake includes Lopez Reservoir and Dam, Lopez Terminal Reservoir, Lopez Water Treatment Plant, and associated water conveyance and distribution systems. Most of the water consumption in Grover Beach is associated with residential properties.
The San Luis Obispo County Flood Control and Water Conservation District Zone 3 is the wholesale water supplier for the Lopez Project. Zone 3 was created to fund, maintain, and operate Lopez Reservoir for municipal and agricultural water supplies and recreation. The Lopez Reservoir covers an area of about 918 acres and is located primarily within the Arroyo Grande Creek drainage area, consisting of a 67 square mile (43,000 acre) watershed that drains into Lopez Reservoir. According to the San Luis Obispo Council of Government (SLOCOG) report, 2050 Regional Growth Forecast for San Luis Obispo County (2017), the projected water demand in the city is not anticipated to increase over the next 20 to 30 years. The population growth for the city will continue at a modest pace for the next twenty years, growing from an estimated population of 13,550 in 2010 to about 15,000 in 2030, which represents an average annual growth rate of about 0.54 percent.
The City is currently allocated 1,407 Acre Feet per Year (AFY) from the Santa Maria Valley Groundwater Basin and 800 AFY of available imported water from Zone 3. The 2030 supply (a combined 2,207 AFY) is expected to remain the same. San Luis Obispo County’s 2020 UWMP finds that it can meet full service demands of its member agencies, including Grover Beach, with existing supplies from 2025 through 2045 during normal years, single dry year, and multiple dry years.
However, prolonged dry periods may affect the City's imported water supply capacities significantly due to reductions in Zone 3’s storage reservoirs resulting from increases in regional demand (County of San Luis Obispo 2020).
Grover Beach, along with other entities, are participating in the Central Coast Blue Project, a proposed regional recycled water project in the initial planning and design phase that is intended to develop a sustainable water supply and help protect the Santa Maria Groundwater Basin from the risk of seawater intrusion and extended periods of drought. This project aims to upgrade the Pismo Beach Wastewater Treatment Plant (WWTP) and the South San Luis Obispo County Sanitation District WWTPs with advanced methods of water treatment including microfiltration / ultrafiltration, reverse osmosis, and ultraviolet disinfection with advanced oxidation (County of San Luis Obispo 2019). The treated water will be used to replenish the Santa Maria Groundwater Basin.
The Safety Element update would establish a policy and an associated implementation program to provide educational materials and programs to support water conservation efforts. Another policy included in the Safety Element update calls for action to pursue diversifying the City’s water supply.
The proposed Safety Element update would not facilitate or allow future development of residential uses that would increase the population in the city, thereby increasing demand on City utilities and service systems. Moreover, individual developments would be subject to project-specific CEQA Environmental Checklist
Utilities and Service Systems
Draft Initial Study–Negative Declaration 55
review, which would evaluate potential impacts related to utilities and service systems. As such, adoption of the proposed Safety Element update would not result in impacts to water, wastewater treatment or storm water drainage, electric power, natural gas, telecommunications, or solid waste services or facilities in Grover Beach. No impacts associated with utilities and service systems would occur.
NO IMPACT
City of Grover Beach
General Plan Safety Element Update
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Environmental Checklist
Wildfire
Draft Initial Study–Negative Declaration 57
20 Wildfire
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an adopted
emergency response plan or emergency
evacuation plan? □ □ □ ■
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks and
thereby expose project occupants to
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire? □ □ □ ■
c. Require the installation or maintenance of
associated infrastructure (such as roads,
fuel breaks, emergency water sources,
power lines or other utilities) that may
exacerbate fire risk or that may result in
temporary or ongoing impacts to the
environment? □ □ □ ■
d. Expose people or structures to significant
risks, including downslopes or
downstream flooding or landslides, as a
result of runoff, post-fire slope instability,
or drainage changes? □ □ □ ■
a. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
b. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? City of Grover Beach
General Plan Safety Element Update
58 d. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project expose people or structures to significant risks, including downslopes or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
The proposed Safety Element update includes goals, policies, and programs intended to provide guidance on how to proactively minimize the effects of potential disaster events. Goals, policies, and implementation programs encourage preparation for and protection from fire hazards and call for pre-fire management and loss prevention, evaluation of evacuation route capacity, safety, and viability, and address fire readiness and response.
The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. However, as shown on General Plan Safety Element Map 4, Fire Hazard Zones, there are no designated high or very high fire hazard zones within Grover Beach.
Moreover, individual developments would be subject to project-specific CEQA review, which would evaluate potential impacts related to wildfire. This would prevent future development in such areas, thereby avoiding risks to people, structures, or the environment associated with wildfire hazards. As such, adoption of the proposed Safety Element would not result in impacts to people, structures, or the environment associated with wildfire hazards. No impacts associated with wildfire would occur.
NO IMPACT
Environmental Checklist
Mandatory Findings of Significance
Draft Initial Study–Negative Declaration 59
21 Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
Does the project:
a. Have the potential to substantially
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, substantially reduce
the number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory? □ □ □ ■
b. Have impacts that are individually limited,
but cumulatively considerable?
(“Cumulatively considerable” means that
the incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)? □ □ □ ■
c. Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or
indirectly? □ □ □ ■
a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The Safety Element update would not change land uses, zoning, or otherwise indirectly facilitate development that could degrade the environment or adversely affect biological or cultural resources. The goals, policies, and implementation programs in the proposed Safety Element are intended to provide guidance on how to proactively minimize the effects of potential disaster events. The Safety Element update does not approve or facilitate any specific development, nor does it grant development entitlements. No impacts associated with biological and cultural resources would occur.
City of Grover Beach
General Plan Safety Element Update
60 NO IMPACT
b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? The Safety Element update would not contribute to cumulative impacts to environmental resources in the City of Grover Beach. As stated previously, the Safety Element update would not change land uses or zoning or otherwise facilitate new development in the city; rather it provides guidance on how to proactively minimize the effects of potential disaster events. In addition, through the City’s development review process, future development would be evaluated for potential cumulative impacts and for consistency with all applicable policies of the City LCP, General Plan, and Development Code. Through this review process, potential cumulative impacts to various natural and man-made resources would be evaluated and mitigated as appropriate. No mitigation measures are necessary as the existing City development review process is adequate to address potential impacts and mitigate such impacts, where necessary, to the extent feasible. No cumulatively considerable impacts would occur.
NO IMPACT
c. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
The Safety Element update would not result in substantial direct or indirect adverse impacts on human beings. Through the City’s development review process, future development would be evaluated for potential direct and indirect impacts on human beings. Appropriate mitigation measures would be required to reduce potential impacts to the extent feasible. As the Safety Element update does not facilitate new development in the city, no impact related to environmental effects that would have adverse effects on humans would occur as a result of adoption of the Safety Element.
NO IMPACT
References
Draft Initial Study–Negative Declaration 61
References
Bibliography
County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. Available at:
https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plansand-Elements/Elements/Local-Hazard-Mitigation-Plan.aspx (accessed March 29, 2022).
Governor’s Office of Planning and Research. 2017. General Plan Guidelines. Available at:
http://opr.ca.gov/docs/OPR_COMPLETE_7.31.17.pdf (accessed March 28, 2022).
San Luis Obispo Council of Government. 2017. 2050 Regional Growth Forecast for San Luis Obispo County, Population, Housing, and Employment Projections. Available at:
https://www.slocog.org/programs/data-services/regional-growth-forecast (accessed March 29, 2022).
San Luis Obispo County Flood Control and Water Conservation District Zone 3. 2020 Urban water Management Plan. Available at: https://www.slocounty.ca.gov/Departments/PublicWorks/Forms-Documents/Committees-Programs/Flood-Control-Zones/Zone-3-LopezWater-Project/Plans-Reports/2020-Urban-Water-Management-Plan.pdf (accessed March 29, 2022).
List of Preparers
Rincon Consultants, Inc. prepared this IS-ND under contract to the City of Grover Beach. Persons involved in data gathering, analysis, project management, and quality control are listed below.
RINCON CONSULTANTS, INC.
Richard Daulton, MURP, Principal in Charge
Lilly Rudolph, AICP, Project Manager
Shelby Cramton, Environmental Planner
Gina Gerlich, GIS Analyst
Attachment 2
RESOLUTION NO. 22-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA TO ADOPT A GENERAL PLAN AMENDMENT FOR THE 2022
SAFETY ELEMENT UPDATE
WHEREAS, the City of Grover Beach has adopted a General Plan that provides policy guidance for the use of land in the City; and
WHEREAS, State Government Code Section 65302 requires all cities adopt a Safety Element as part of its Genera Plan; and
WHEREAS, public notice has been given in the time and manner required by State law and City code; and
WHEREAS, the Planning Commission of the City of Grover Beach, at its regular meeting of September 6, 2022, conducted a duly noticed public hearing and recommended the City Council approve the General Plan Amendment for the 2022 Safety Element Update; and WHEREAS, the City Council of the City of Grover Beach, at its meeting of September 26, 2022, conducted a duly noticed public hearing to consider the 2022 Safety Element Update; and
WHEREAS, an Initial Study and Negative Declaration has been prepared in compliance with the California Environmental Quality Act and determined that the Amendment would not have a significant impact on the environment.
WHEREAS, the City Council of the City of Grover Beach makes the following Findings:
1. The Safety Element is internally consistent with all other General Plan elements.
2. The Safety Element complies with the requirements of Government Code Section 65302.
NOW, THEREFORE, BE IT RESOLVED that the above WHEREAS provisions are incorporated herein as if set out in full and that the City Council for the City of Grover Beach DOES HEREBY ADOPT the General Plan Amendment for the 2022 Safety Element Update attached as Exhibit A which shall become effective and in full force on the thirty first day after its final passage.
On motion by ______, seconded by _______, and on the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution No. 22-__
2022 Safety Element General Plan Amendment Page 2
the foregoing Resolution was PASSED, APPROVED, AND ADOPTED at the Regular Meeting of the City Council of the City of Grover Beach, California, this 26th day of September 2022. ___________________________________
JEFF LEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
** D R A F T **
Safety Element Update
PUBLIC REVIEW DRAFT
prepared by
City of Grover Beach
Community Development Department
154 South 8th Street
Grover Beach, California 93433
prepared with the assistance of
Rincon Consultants, Inc.
1530 Monterey Street, Suite D
San Luis Obispo, California 93404
August 2022
Exhibit A
2 INTRODUCTION
The Safety Element provides Grover Beach residents, decisionmakers, and staff members with knowledge and tools to prepare for natural and human hazards that have the potential to affect the city. Goals, policies, and programs provide guidance on how to proactively mitigate the worst effects of potential disaster events. The Safety Element evaluates potential risks to Grover Beach by addressing the following:
Critical Facilities and Infrastructure
Peak Load Water Demand
Public Safety Services, Emergency Preparedness, and Emergency Evacuation Seismic and Geologic Hazards
Flood Hazards
Wildland and Urban Fire Hazards
Hazardous Materials
Climate Change
SETTING
The city of Grover Beach is a coastal community nestled between the Cities of Arroyo Grande, Pismo Beach, and the community of Oceano. A sandy beach backed by low sand dunes runs along the western border. The city is relatively flat with low rolling hills along the northern portion of the city boundary. The climate is similar to a Mediterranean climate, with long, dry, and mild summers followed by a modest wet season during the winter months.
The city is vulnerable to coastal and urban flooding, dam flooding, earthquakes, liquefaction, wildfires, tsunamis, and hazardous material release. Climate change is anticipated to worsen existing hazards, including flooding and wildfires, and result in a higher frequency of extreme heat days and warm nights. The City of Grover Beach emergency response services consist of the Five Cities Fire Authority and the Grover Beach Police Department. The city obtains its water from Lake Lopez and groundwater wells in the Santa Maria Valley Groundwater Basin.
REGIONAL PLANS
SAN LUIS OBISPO COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN (MJHMP) The City of Grover Beach is one of the participating jurisdictions that develops the County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The goal of this plan is to arrive at practical, meaningful, attainable, and cost-effective mitigation solutions to reduce vulnerability to hazards and ultimately reduce both human and financial losses from hazard events. The Plan is updated every five years and is prepared in accordance with the Disaster Mitigation Act of 2000 and follows FEMA’s Local Hazard Mitigation Plan Guidance. The MJHMP addresses the following hazards: coastal storm/coastal erosion/sea level rise, dam incidents, drought and water shortage, earthquake, flood, tsunami and seiche, wildfire, and hazardous materials. Annex C of the 2019 MJHMP identifies information specific to Grover Beach.1
SAN LUIS OBISPO COUNTY URBAN WATER MANAGEMENT PLAN
The San Luis Obispo County Flood Control and Water Conservation District prepared the 2020 Urban Water Management Plan (UWMP) for the San Luis Obispo County Flood Control and Water Conservation District (District) Zone 3. Zone 3 funds the operations of the Lopez Project, which includes Lopez Reservoir and Dam, Lopez Terminal Reservoir, Lopez Water Treatment Plant, and the water transmission system, which conveys wholesale water to its contracting retail water agencies, including the City of Grover Beach. The UWMP identifies water supplies necessary to meet existing and future demands. It also evaluates water supply reliability under normal, dry-year, and multiple-dry year conditions. The UWMP includes a water shortage contingency plan that establishes steps the San Luis Obispo County Flood Control and Water Conservation District can take should there be a supply shortage of greater than 50 percent.2
SAN LUIS OBISPO COUNTY EMERGENCY OPERATIONS PLAN (EOP)
The San Luis Obispo County Emergency Operations Plan (EOP) is the master planning document for emergency management preparedness, response, and recovery activities for the County of San Luis Obispo. Grover Beach is a participating member of the EOP. The EOP directs its participating members to have specific field response actions and other duties associated with responding to emergencies. This plan serves to coordinate participating agencies and ensure consistencies in member strategies to comply with national regulations. In addition to the EOP, the City of Grover Beach utilizes Pulsepoint Alerts for monitoring emergencies for the public and ReadySLO.org for sharing emergency preparedness resources with the public.3
CRITICAL FACILITIES AND INFRASTRUCTURE
The County of San Luis Obispo identified critical and transportation facilities present in Grover Beach in the MJHMP. Figure 1 below shows the Critical and Transportation Facilities in Grover Beach, which include major roadways, community centers, emergency response facilities, major infrastructure, schools, and transit facilities.
1 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/PlanningBuilding/Forms-Documents/Plans-and-Elements/Elements/Local-Hazard-Mitigation-Plan.aspx Accessed 3/4/2022. 2 County of San Luis Obispo Urban Water Management Plan. 2020. https://www.slocounty.ca.gov/Departments/PublicWorks/Forms-Documents/Committees-Programs/Flood-Control-Zones/Zone-3-Lopez-Water-Project/Plans-Reports/2020-UrbanWater-Management-Plan.pdf Accessed 3/4/2022. 3 San Luis Obispo County Emergency Operations Plan (EOP). 2016. https://www.slocounty.ca.gov/Departments/AdministrativeOffice/Emergency-Management/Forms-Documents/General-Emergency-Plans/County-Emergency-Operations-Plan-(EOP).pdf Accessed 3/4/2022.
4 Figure 1 Critical Facilities
PEAK LOAD WATER DEMAND
The city of Grover Beach’s main water supplies are from groundwater and surface water.
Grover Beach obtains its water from four groundwater wells in the Santa Maria Valley Groundwater Basin. Grover Beach also receives surface water supply from Lopez Lake, which serves as the main water supply for the cities of Arroyo Grande, Pismo Beach, Oceano Community Services District, and the County of San Luis Obispo Public Works Department County Service Area 12. The Lopez Lake area includes Lopez Reservoir and Dam, Lopez Terminal Reservoir, Lopez Water Treatment Plant, and associated water conveyance and distribution systems. Most of the water consumption in Grover Beach is associated with residential properties.
The San Luis Obispo County Flood Control and Water Conservation District Zone 3 is the wholesale water supplier for the Lopez Lake and was created to fund, maintain, and operate Lopez Reservoir for municipal and agricultural water supplies and recreation. According to the San Luis Obispo Council of Governments (SLOCOG) report, 2050 Regional Growth Forecast for San Luis Obispo County (2017), the projected water demand in the city of Grover Beach is not anticipated to increase over the next 20 to 30 years.4 The population growth for the city will continue at a modest pace for the next twenty years, growing from an estimated population of 13,550 in 2010 to about 15,000 in 2030, which represents an average annual growth rate of about 0.54 percent.5
The City is currently allocated 1,407 Acre Feet per Year (AFY) from the Santa Maria Valley Groundwater Basin and 800 AFY of available imported water from Zone 3. The 2030 supply (a combined 2,207 AFY) is expected to remain the same. San Luis Obispo County’s 2020 UWMP finds that it can meet full service demands of its member agencies, including Grover Beach, with existing supplies from 2025 through 2045 during normal years, single dry year, and multiple dry years. However, prolonged dry periods may affect the city's imported water supply capacities significantly due to reductions in Zone 3’s storage reservoirs resulting from increases in regional demand.6
Grover Beach along with other entities are participating in the Central Coast Blue Project, a proposed regional recycled water project in the initial planning and design phase that is intended to develop a sustainable water supply and help protect the Santa Maria Groundwater Basin from the risk of seawater intrusion and extended periods of drought. This project aims to upgrade the Pismo Beach Wastewater Treatment Plant (WWTP) and the South San Luis Obispo County Sanitation District WWTPs with advanced methods of water treatment including microfiltration / ultrafiltration, reverse osmosis, and ultraviolet disinfection with advanced oxidation.7 The treated water will be used to replenish the Santa Maria Groundwater Basin. 4 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/PlanningBuilding/Forms-Documents/Plans-and-Elements/Elements/Local-Hazard-Mitigation-Plan.aspx Accessed 3/4/2022. 5 City of Grover Beach Land Use Element. 2010. https://www.grover.org/380/Land-Use-Element Accessed 7/28/2022. 6 County of San Luis Obispo Urban Water Management Plan. 2020. https://www.slocounty.ca.gov/Departments/PublicWorks/Forms-Documents/Committees-Programs/Flood-Control-Zones/Zone-3-Lopez-Water-Project/Plans-Reports/2020-UrbanWater-Management-Plan.pdf Accessed 3/4/2022. 7 Central Coast Blue Project. https://centralcoastblue.com/our-project/ Accessed 3/14/2022. 6 PUBLIC SAFETY SERVICES AND EMERGENCY PREPAREDNESS
Fire protection for Grover
Beach is provided by the
Five Cities Fire Authority,
which also serves the City
of Arroyo Grande and the
Oceano Community
Services District. The Five
Cities Fire Authority
operates three fire stations
with one station located in
each of the participating
communities (the station in
Grover Beach is located at
701 Rockaway Avenue).
The City operates its own
Police Department. The
police station is located at
711 Rockaway Avenue.
Emergency preparedness efforts in Grover Beach include:
Implementation of risk reduction measures identified in the County of San Luis Obispo Multi-jurisdictional Hazard Mitigation Plan for the City of Grover Beach. Water conservation measures and programs identified in the County of San Luis Obispo Urban Water Management Plan (UWMP), including regular updates to the UWMP. PulsePoint, a county-wide fire emergency alert system, is a dispatch feed used to keep residents informed about fire emergencies.
Deployment of a state of the art Mobile Command Vehicle to operate Unified Command Operations during emergencies.
Distribution of educational materials for emergency preparedness including brochures for various types of emergencies such as tsunamis and evacuation routes. The County of San Luis Obispo operates a one-stop resource called ReadySLO.org, which provides preparation tips for emergencies, current information on emergencies, and recovery information.
Grover Beach is a participating member of multiple emergency planning documents to prepare for regional emergency events and hazard risks. The City of Grover Beach is a participating member of the San Luis Obispo County Office of Emergency Services (OES), Emergency Operations Plan (EOP). The County OES provides services and support by mitigating, preparing, responding, and recovering from hazards.8 Emergency-related resources are available on the ReadySLO.org webpage.
8 San Luis Obispo County Office of Emergency Services. 2022. https://www.slocounty.ca.gov/Departments/AdministrativeOffice/Emergency-Management.aspx Accessed 3/18/2022.
EMERGENCY EVACUATION
The City’s General Plan Safety Element, in accordance with California Government Code Section 65302(g), must identify residential neighborhoods that have fewer than two emergency evacuation routes. Two neighborhoods (see Figure 2 below) have been identified as residential development with fewer than two access points. The two neighborhoods include the Nacimiento neighborhood in the northern portion of the city adjacent to Highway 101 and Le Sage Riviera Mobile Home Park located along the coast and parallel to Highway 1. While the Le Sage Riviera Mobile Home Park has a secondary exit gate to Highway 1, it is considered a single access neighborhood because the unpaved road to the exit may result in a slower evacuation process, and mobile home residents are identified as vulnerable populations. 8 Figure 2 Residential Developments with Limited Evacuation Routes
HAZARDS OF CONCERN
Geologic Hazards
Geologic processes that pose a threat to life, health, property, or infrastructure are considered geologic hazards. Natural geologic hazards that have the potential to affect Grover Beach include seismic hazards and liquefaction. In most cases, these natural processes cannot be prevented; however, the magnitude of destruction resulting from natural geologic hazards can be reduced through planning policies and measures.
Seismic Hazards
Grover Beach is in a seismically active region on the central coast of California as shown in Figure 3. The city is vulnerable to various types of seismic hazards including fault rupture, ground-shaking, and liquefaction. There are several faults within proximity to the city including the Wilmar Avenue fault, which runs along the northern portion of the city limits. The fault is potentially active, with a moderate fault rupture hazard to the city of Grover Beach.9 In addition to the Wilmar Avenue fault several other active and potentially active faults in can produce strong ground-shaking within the city limits.10 The San Andreas fault and the offshore Hosgri fault present the most likely sources of ground-shaking for Grover Beach (located outside Figure 3 map limits).11
Liquefaction Hazards
Geologic hazards associated with ground shaking include liquefaction and ground failure.
Liquefaction takes place when loosely packed, water-logged sediments at or near the ground surface lose their strength in response to strong ground shaking. Liquefaction occurring beneath buildings and other structures can cause major damage during earthquakes.12 As a coastal community, portions of Grover Beach are underlain by layers of unconsolidated sand and young alluvium, which have a high potential to become liquefied during ground-shaking events. Shown in Figure 4 below, the areas with the highest risk for liquefaction in the event of an earthquake include the western edge of the city along the coastline. This area includes West Grand Avenue, Oceano Dunes Natural Preserve, and the Pismo Beach Golf Course. In addition, nearly the entire city is included in a moderate risk for liquefaction posing risks to critical facilities and residents.13
9 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/PlanningBuilding/Forms-Documents/Plans-and-Elements/Elements/Local-Hazard-Mitigation-Plan.aspx Accessed 3/4/2022. 10 Active faults are classified as having proved activity or associated with an historical earthquake. Potentially active faults have probable activity who show physical evidence of rupture within the last 125,000 years. https://www.nature.com/articles/s41597-021- 00802-4#:~:text=Active%20faults%20and%20folds%20are,Probable%20faults)%2C%20those%20that%20exhibit Accessed 3/10/2022
11 Technical Background Report of the County Safety Element (1999), 12 USGS. 2022. https://www.usgs.gov/faqs/what-liquefaction Accessed: 3/7/2022 13 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plans-and-Elements/Elements/Local-HazardMitigation-Plan.aspx Accessed 3/4/2022. 10 Figure 3 Earthquake Faults and Ground-shaking in Grover Beach Figure 4 Liquefaction Risk in Grover Beach
12 Flooding Hazards
Portions of Grover Beach are susceptible to regular flooding in isolated areas caused by heavy rainfall events in FEMA flood zones as shown in Figure 5. Climate change is affecting the behavior of precipitation patterns, resulting in more variable weather patterns and more intense precipitation events, which can increase flood occurrence and severity. A dam failure resulting from a significant earthquake could also cause an extreme flooding event in the city.
Recognizing and preparing for such occurrences allow the City to mitigate associated risks.
Flooding
Grover Beach participates in the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program. As shown in Figure 5 below, FEMA flood zones are mapped primarily along the coastal areas and northern portions of the city. The map references Flood Insurance Rate Map (FIRM) panels, which is FEMA’s official map that identifies risk premium zones applicable to flood insurance. Flood hazard areas identified on the Flood Insurance Rate Map are identified as a Special Flood Hazard Area (SFHA). SFHAs are defined as areas that will be inundated by a flood event with a 1 percent chance of being equaled or exceeded in any given year. The 1 percent annual chance flood is also referred to as the base flood or 100-year flood, and the areas between the limits of the base flood and the 0.2-percent-annual-chance (or 500- year) flood.14 As discussed in the projected climate impacts sections in this document, more extreme precipitation events are anticipated for Grover Beach. This combined with projected sea level rise will exacerbate flood risk in low-lying coastal areas.
The Arroyo Grande Creek, which splits from Meadow Creek, poses a risk of overtopping and causing Meadow Creek to flood along the western and northern portions of the city. Flooding along Meadow Creek has caused roads to be blocked by flood waters, causing difficulties in access to and egress from portions of the city. The northern and western portions of the city adjacent to Meadow Creek are at the greatest risk of being affected by the 1 percent-annualchance floodplain. The areas at risk of flooding in the northern portions of the city are isolated to an area south of U.S. 101 and north of Nacimiento Avenue where a mobile home subdivision is located. The South Grover Beach and West Grover Beach neighborhoods are also reported to experience flooding issues. Flooding in the western portion of the city is isolated to areas west of the Union Pacific Railroad tracks and areas just east of the railroad tracks in the southwest corner of the city where drainage is trapped by the railroad grade.15 14 FEMA. 2022. https://www.fema.gov/flood-insurance/work-with-nfip/community-status-book Accessed 3/8/2022. 15 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plans-and-Elements/Elements/Local-HazardMitigation-Plan.aspx Accessed 3/4/2022.
Figure 5 Flood Hazards in Grover Beach
14 Dam Inundation
According to the 2019 MJHMP, dam inundation risk from a failure of the Lopez Dam would inundate large portions of the city. The Lopez Dam, an earthen dam located upstream from the community, poses a great risk to Grover Beach if an incident was to occur. Lopez Dam has a capacity of approximately 51,000 acre-feet of water. Failure of the Lopez Dam would follow the Arroyo Grande Creek in a westerly direction approximately 3,000 feet in each direction of the centerline of the creek channel. As seen in Figure 6 below, nearly the entire city south of West Grand Avenue would be inundated in a dam failure event. A failure of the Lopez Dam would also affect Highway 101, impeding or reducing flows of goods, people, and resources into and out of Grover Beach and potentially causing flood damage throughout the entire region. There have been no past dam incidents or failures in Grover Beach. The San Luis Obispo County HMP has identified two critical facilities at risk to dam inundation in Grover Beach: the Train Station and the Front Street Sanitary Sewer Lift Station.
Tsunami and Seiche Hazards
Grover Beach is a coastal community that has the potential to be affected by tsunami hazards as shown in Figure 7 below. Offshore faults and related seismic activity could cause a tsunami event off the city’s coast, even if the faults are thousands of miles away. Grover Beach’s wide beaches and coastal dunes in general provide protection from coastal hazards, although the low-lying areas, including the Le Sage Riviera Mobile Home Park, where Meadow Creek meets the ocean is at moderate risk of tsunami hazards. There are no critical facilities at risk to tsunami inundation. As climate change, and resulting sea level rise continues, the tsunami hazard zone will increasingly extend further inland into the city.
Pismo State Beach along the city’s western border
16 Figure 6 Dam Inundation in Grover Beach
Safety Element Update 17
Figure 7 Tsunami Inundation Zone in Grover Beach
18 Wildland and Urban Fires
California law requires the California Department of Forestry and Fire Protection (CAL FIRE) to assess and identify fire hazard severity zones (FHSZ) across the state and assigns responsibility for each zone to either the State or local jurisdictions16. CAL FIRE high FHSZs are primarily in the northern and western portions of the city, with a very high FHSZ at the northernmost edge parallel to Highway 101, as seen in Figure 8 below.
Regionally, Grover Beach is near other fire zones of high or very high wildfire severity. The city’s proximity to the hills to the north, which are classified as VHFHZs, pose a threat of wildfire spreading into the city. Windstorms can increase the risk of wildland fires in the wildland urban interface (WUI) spreading into the city when strong winds and wildland fires co-occur. Strong winds can increase the speed and reach of flames and carry embers to adjacent areas.
According to the MJHMP, wildfire is a limited hazard for the city of Grover Beach, although the city is vulnerable to worsening air quality and embers from nearby fire occurrences. Figure 9 below shows historical burn areas from previous fires including the Morretti, Gay, Las Pilitas, Campindonico, and SLU-730 fires. None of these fires reached Grover Beach. 16 CAL FIRE identified Fire Hazard Severity Zones are based on factors that influence the likelihood and behavior of fire. Such factors include fire history, existing and potential fuel, predicted flame height, slope of the land and fire weather. There are three levels of hazard: moderate, high, and very high. Urban and wildland areas are treated differently in the model, but it does recognize the influence of embers traveling into urban areas, which is a major cause of the spread of fire.
Safety Element Update 19
Figure 8 Fire Hazard Severity in Grover Beach
20 Figure 9 Historical Fires near Grover Beach
Safety Element Update 21
Hazardous Materials
The California Government Office of Emergency Services (Cal OES) Warning Center reports 21 hazardous materials incidents in Grover Beach from 1994 through October 24, 2018. This likely excludes a large number of unreported minor spills. This constitutes 1 percent of the hazardous materials incidents reported countywide during the same time frame and averages out to roughly 0.8 incidents per year. According to the GeoTracker, the city has no active clean-up sites and no significant hazardous materials facilities.17 However, Grover Beach sits within the Emergency Planning Zone for the Diablo Canyon Nuclear Power Plant.18
RADIATION HAZARDS
Diablo Canyon Power Plant, which is owned by Pacific Gas and Electric Company (PG&E), has been generating nuclear power since 1985. The plant currently provides electricity to more than
1.6 million homes through two 1,100 megawatt reactors. The plant is near Avila Beach and is surrounded by approximately 12,000 acres of land that are managed by PG&E. Grover Beach is approximately 13 miles from the plant. Although the construction and operation of nuclear power plants are closely monitored and regulated, the potential for accidents exists. Local, State, and Federal agencies, as well as PG&E, have emergency plans in place that will prevent, prepare for, or mitigate the consequences should an accident occur.19 The Diablo Canyon Emergency Planning Zone is divided into 12 Protective Action Zones (PAZ) and a 5 and 10 nautical mile safety zone. PAZs help organize emergency planning and response actions into areas that are familiar to emergency response agencies and the public. If there is a major emergency, residents in a PAZ may be directed to take protective actions, such as evacuation or shelter in place.20In the event of a nuclear incident, Grover Beach is identified as part of Zone 10 within the Diablo Canyon Nuclear Plant Evacuation. The Diablo Canyon Nuclear Plant is slated for decommissioning with operating licenses set to expire in November 2024 and August 2025.
ELECTROMAGNETIC FIELDS
The Diablo Canyon Power Plant has high voltage transmission lines that span out from the power plant across parts of the county. Electric and magnetic fields are created by high voltage electric transmission lines, distribution lines that bring electricity into structures, and from all common household appliances that use electricity. None of the high voltage transmission lines are located within Grover Beach.
RADON
Radon is a radioactive gas that has no smell, color, or taste. Radon is produced from the natural radioactive decay of uranium, which is found in all rocks and soils. Radon can also be found in water. Radon escapes from the ground into the air, where it decays and produces further 17 State Water Resources Control Board. GeoTracker. 2022. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=Grover+Beach Accessed 3/4/2022. 18 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plans-and-Elements/Elements/Local-HazardMitigation-Plan.aspx Accessed 3/4/2022. 19 PrepareSLO. County of San Luis Obispo. 2022. https://www.prepareslo.org/en/nuclear-incidents.aspx Accessed 3/4/2022. 20 PrepareSLO County of San Luis Obispo 2022. https://www.prepareslo.org/en/nuclear-incidents.aspx Accessed 3/14/2022. 22 radioactive particles. As we breathe, these particles are deposited on the cells lining the airways, where they can damage DNA and potentially cause lung cancer. Outdoors, radon quickly dilutes to very low concentrations and is generally not a problem. The average outdoor radon level varies from 5 Bq/m3 to 15 Bq/m3 (Becquerel per cubic meter). However, radon concentrations are higher indoors and in areas with minimal ventilation, with highest levels found in places like mines, caves, and water treatment facilities. In buildings such as homes, schools, offices, radon levels can vary substantially from 10 Bq/m3 to more than 10 000 Bq/m3.
Given the properties of radon, occupants of such buildings could unknowingly be living or working in very high radon levels.21 According to the Department of Conservation, there is low potential for indoor radon in Grover Beach.
HAZARDOUS TREES
Some trees species can be potentially hazardous due to a higher risk of tree damage.
Eucalyptus trees tend to be brittle and have shallow roots. Eucalyptus trees line parts of Highway 1, Front Street, and South 4th Street, and have the potential to succumb to strong winds losing large limbs or even toppling over, causing disruptions and the potential for injury and damages. In addition, pine pitch canker, a disease that can result in the death of pine trees, has been threatening pine tree health in the region.22
OIL PIPELINES
Two crude oil pipelines (12-inch summit line and 8-inch Orcutt line) are located within the city limits. The franchise agreement for these pipelines was continued in 2015 after the City Council adopted a franchise agreement with Phillips 66 Pipeline LLC. Historically, the lines were used to move Santa Maria Crude from the tank farm in Avila Beach to the refinery on the Nipomo Mesa.
AIRPORTS
The community of Oceano has an airport south of Grover Beach. The operating airport has designated hazard zones extending from the end of each active runway. Safety hazards associated with the County’s airport are principally related to the risk of an aircraft accident and are addressed by each airport's land use plan adopted in compliance with Section 21675 of the California Public Utilities Code. Noise occurring at these airports is addressed in the Noise Element.
CLIMATE CHANGE VULNERABILITY ASSESSMENT
Methodology
Climate change adaptation and resilience strategies must be included in the City’s General Plan via its Safety Element in accordance with California Government Code Section 65302(g) (as updated by SB 379). The review and update must consist of the following components:
21 World Health Organization (WHO). 2021. https://www.who.int/news-room/fact-sheets/detail/radon-and-health Accessed 3/8/2022. 22 City of Grover Beach Safety Element. 2000. https://www.grover.org/DocumentCenter/View/4136/Safety-Element?bidId= Accessed 3/8/2022.
Safety Element Update 23
1. A vulnerability assessment that identifies the risks climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts.
2. Set of adaptation and resilience goals, policies, and objectives based on the information specified in the vulnerability assessment.
3. Set of feasible implementation measures designed to carry out the goals, policies, and objectives.
Climate change is driven by the human contribution of certain gases like carbon dioxide and methane into the atmosphere. These gases, commonly known as greenhouse gases or GHGs, absorb and re-emit heat that has been discharged from the earth’s surface. This works to trap heat near the earth’s surface, increasing the natural greenhouse effect. Greenhouse gases from human activities have been collecting in the atmosphere since the 1800s and are warming the climate more and more every year. This rise in average temperatures across the globe affects precipitation patterns, temperature, and ocean water levels. Grover Beach is expected to experience increased temperatures, including longer and more frequent extreme heat events, extreme precipitation events, extended drought and water shortages, coastal storm and sea level rise-related flooding, accelerated rates of coastal erosion, and increased risk of wildfires and associated air quality degradation as a result of climate change.
The Intergovernmental Panel on Climate Change (IPCC), a United Nations subgroup responsible with global advancement and communication of climate change, has established several GHG emissions scenarios used to describe possible future GHG emissions and associated warming. Two of these scenarios are commonly used to compare possible future conditions and have been selected for this assessment, consistent with guidance from Cal OES California Adaptation Planning Guide.23
The Representative Concentration Pathway (RCP) 4.5 represents a “medium emissions” scenario in which emissions peak around 2040 and then decline at the end of the century. This scenario assumes global agreement and implementation of aggressive GHG reduction strategies.
RCP 8.5 represents a “high emissions” scenario in which emissions continue to rise throughout the 21st century.
The State provides the Cal-Adapt tool to local jurisdictions for climate adaptation and resilience planning. Cal-Adapt is a web-based platform that provides climate change projections and climate impact research that are downscaled to the local level based on different GHG scenarios. The projections are based on the extensive body of climate research described in California’s Fourth Climate Change Assessment.24 The Safety Element includes climate change projections for the RCP 4.5 and RCP 8.5 scenarios taken from Cal-Adapt for temperature, precipitation, and wildfire. These climate change projections provide an understanding of possible future climate change impacts and help to prioritize policies to increase community resilience to climate change.
The sea level rise data from Coastal Storm Modeling System (CoSMoS) was used to project sea level rise scenarios in the city. CoSMoS is a dynamic modeling tool developed by U.S. 23 California Office of Emergency Services (OES). 2020. https://www.caloes.ca.gov/HazardMitigationSite/Documents/CAAdaptation-Planning-Guide-FINAL-June-2020-Accessible.pdf Accessed 3/14/2022. 24 California’s Fourth Climate Change Assessment. 2018. https://www.energy.ca.gov/sites/default/files/2019-11/Reg_Report-SUMCCCA4-2018-006_CentralCoast_ADA.pdf Accessed 3/8/2022. 24 Geological Survey to allow more detailed predictions of coastal flooding due to both future sealevel rise and storms integrated with long-term coastal evolution.25 CoSMoS data provides detailed projections for tidal inundation and coastal flood hazards along San Luis Obispo County’s coastline. This data was used by the MJHMP to conduct a GIS analysis of potentially affected critical facilities from a variety of sea level rise scenarios. This modeling is used to illustrate coastal flooding hazardous events under both existing conditions and future sea level rise projections. In this case, three scenarios were used to evaluate the potential impacts on critical facilities as shown in Table 1 below.
Table 1 Sea Level Rise Projections Used in this Report1 Low SLR
(centimeters/feet)
Medium SLR
(centimeters/feet)
High SLR
(centimeters/feet)
Projected Sea
Level Rise
25cm (1 feet) 75cm (2.6 feet) 300cm (9.9 feet)
Source: CoSMoS 3.1 Data, 2021.
Additional information on climate change vulnerability for Grover Beach are available in the San Luis Obispo County Multi-jurisdictional Hazard Mitigation Plan.
Projected Climate Impacts
TEMPERATURE
According to California’s Fourth Climate Change Assessment, average temperatures, both minimum and maximum, are expected to increase in the central coast region. Since 1901, average temperatures across the country have increased, with eight of the top ten warmest years on record having occurred over the past 30 years.26 Average trends are increasing at both the local scale and the global scale.
Compared to the modeled historical 30-year average (1961-1990), the average maximum and minimum temperatures are expected to increase in the coming decades in Grover Beach. The average maximum temperatures under RCP 4.5 are projected to increase by 3.2 degrees Fahrenheit (°F) by mid-century and 4.2°F by the late century. Average maximum temperatures are expected to rise between 4.2°F (RCP 4.5) and 6.7°F (RCP 8.5) by the end of the century.27 In addition, average minimum temperatures are expected to rise similarly, between 4.1°F (RCP
4.5) and 6.7°F (RCP 8.5) by the end of the century as seen in Figure 10 and Figure 11.
Figure 10 shows average maximum temperatures in Grover Beach based on the RCP 4.5 (medium emissions) and RCP 8.5 (high emissions) emissions scenario. The purple line shows high emissions scenario (RCP 8.5), the blue line shows the medium emissions scenario (RCP
4.5), and the grey line illustrates the current trend (observed). The shaded areas indicate the 25 U.S. Geological Survey Coastal Storm Modeling System (CoSMoS). 2021. https://www.usgs.gov/centers/pcmsc/science/coastalstorm-modeling-system-cosmos#overview Accessed 3/16/2022. 26 United States Environmental Protection Agency (EPA). 2021. Climate Change Indicators: Weather and Climate 27 California Energy Commission. N.d. Cal-Adapt. Available: <https://cal-adapt.org/tools/local-climate-change-snapshot/>.
Accessed March 3, 2022.
Safety Element Update 25
range for the emissions scenario. For example, the blue shaded area represents the range of data for the medium emissions scenario (RCP 4.5).
Figure 10 Annual Average Maximum Temperatures in Grover Beach 26 Figure 11 shows average minimum temperatures in Grover Beach based on the RCP 4.5 (medium emissions) and RCP 8.5 (high emissions) emissions scenario. The purple line shows high emissions scenario (RCP 8.5), the blue line shows the medium emissions scenario (RCP
4.5), and the grey line illustrates the current trend (observed). The shaded areas indicate the range for the emissions scenario. For example, the blue shaded area represents the range of data for the medium emissions scenario (RCP 4.5).
Figure 11 Annual Average Minimum Temperatures in Grover Beach Safety Element Update 27
Extreme Heat
In addition to warming temperatures, the number of extreme heat days per year is also expected to increase. In Grover Beach an extreme heat day is when the maximum temperature exceeds 88.0°F, which is defined as the 98th percentile value of historical daily maximum/minimum temperatures (from 1961–1990, between April and October) observed at a location. 28 Compared to the modeled historical 30-year average (1961-1990), the annual number of extreme heat days may increase by 5 to 12 days by the end of the century depending on the emissions scenario.29 Figure 12 shows the number of extreme heat days in Grover Beach for the medium and high emissions scenarios.
Figure 12 Extreme Heat Days in Grover Beach
Precipitation
According to California’s Fourth Climate Change Assessment, the Central Coast Region Report (2018), is projected to experience an increase in the number of days each year for which atmospheric river precipitation events result in extreme precipitation. Along the central coast, atmospheric rivers (long and narrow regions in the atmosphere that transport most of the water vapor outside of the tropics) are the dominant drivers of locally extreme rainfall events and are 28 California Energy Commission. N.d. Cal-Adapt. Available: <https://cal-adapt.org/tools/local-climate-change-snapshot/>.
Accessed March 3, 2022.
29 Ibid.
28 associated with most major inland foods in California.30 Estimates project the wettest day of the year to increase up to 35 percent. Model projections suggest that potential changes in average precipitation range between an increase of 3 and 10 inches annually (see Figure 13). However, both wet and dry periods are expected to become more extreme and frequent, leading to overall increased variability in the region and in California. Currently, the region receives approximately 25 to 40 days of precipitation from atmospheric rivers each year. Late-century projections show an increase of approximately a third from current conditions to between 35 and 55 days each year.31
ANNUAL PRECIPITATION
Compared with modeled historical data (1961-1990), mid-century projections predict annual precipitation to increase between 0.1 inches and 0.2 inches by late-century (2070-2099). While average annual precipitation is not expected to change significantly, precipitation will likely fall in more intense storms within a shorter wet season. For much of the state, research suggests that wet years will become wetter and dry years will become drier and will extend for longer stretches of time, increasing the risk of extended drought.32 Annual projected precipitation in Grover Beach is shown in Figure 13 below. 30 California’s Fourth Climate Change Assessment. 2018. https://www.energy.ca.gov/sites/default/files/2019-11/Reg_Report-SUMCCCA4-2018-006_CentralCoast_ADA.pdf Accessed 3/8/2022. 31 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plans-and-Elements/Elements/Local-HazardMitigation-Plan.aspx Accessed 3/4/2022. 32 California’s Fourth Climate Change Assessment. 2018. https://www.energy.ca.gov/sites/default/files/2019-11/Reg_Report-SUMCCCA4-2018-006_CentralCoast_ADA.pdf Accessed 3/8/2022.
Safety Element Update 29
Figure 13 Annual Precipitation in Grover Beach
Extreme Precipitation Events
Extreme precipitation events are projected to become more frequent and intense in the coming decades. Maximum 1-day precipitation models for Grover Beach have a current 30-year average of approximately 1.277 inches. Mid-century projections predict an increase to about
1.365 inches in both the RCP4.5 and RCP8.5 scenarios. By the end of the century, projections predict an increase to about 1.375 inches (RCP4.5) to 1.442 inches (RCP8.5) as shown in Figure 14. These projections indicate a trend in weather and rain events becoming more extreme and variable.33
33 California Energy Commission. N.d. Cal-Adapt. Available: <https://cal-adapt.org/tools/local-climate-change-snapshot/>.
Accessed March 3, 2022.
30 Figure 14 Maximum 1-day Precipitation in Grover Beach Drought and Water Shortage
According to California’s Climate Adaptation Strategy, climate change is likely to significantly alter California’s future water supply, and therefore, change the way water is managed because of a more limited and varied supply.34 Grover Beach experiences episodic weather and climate patterns resulting in long dry year to multi-year droughts followed by wet years. The 30-year modeled historical average for maximum length dry spells is 132 days. Like the patterns in future precipitation some of the annual variability is obscured within 30-year averages. It is projected that the maximum lengths of consecutive days without precipitation or dry spells, may increase through the end of century. Mid-century projections predict an increase of six days in the RCP4.5 scenario and seven days in the RCP8.5 scenario. By the end of the century, projections predict an increase of eight days (RCP4.5) to 13 days (RCP8.5) as seen in Figure
15.35 34 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plans-and-Elements/Elements/Local-HazardMitigation-Plan.aspx Accessed 3/4/2022. 35 California Energy Commission. N.d. Cal-Adapt. Available: <https://cal-adapt.org/tools/local-climate-change-snapshot/>.
Accessed March 3, 2022.
Safety Element Update 31
Figure 15 Maximum Length of Dry Spell (days)
Coastal Storm, Coastal Erosion, and Sea Level Rise
Grover Beach is a coastal community with a long sandy beach backed by low sand dunes covered with dense vegetation. The sandy beaches provide moderate protection from storm waves. Active erosion of beaches and dunes currently affect low-lying coastal recreation uses, commercial and residential structures.
As part of the 2019 MJHMP planning effort, a sea level rise risk assessment was completed to determine how sea level rise may affect coastal jurisdictions and critical facilities and how coastal flooding might be exacerbated in the future. Shown in Figure 16 below, utilizing data and methods from CoSMos, projections for sea level rise are illustrated at 25cm sea level rise (SLR), 75cm SLR, and 300cm SLR. The city is projected to have minimal impact at 25cm and 75cm SLR scenarios. Once sea levels reach 300cm, according to the MJHMP, several critical facilities, commercial, residential, and industrial properties would experience daily flooding.
Additional properties would be affected or damaged during a 1 percent coastal storm event (See Figure 17).
32 Figure 16 Sea Level Rise (No Flood Event) in Grover Beach Safety Element Update 33
Figure 17 Sea Level Rise (1% Storm Event) in Grover Beach 34 Wildfire and Air Quality
Current scientific models project that California will be affected by increased numbers of forest fires with added intensity due to longer warmer seasons, reduced distribution of biodiversity, lack of moisture, changes in ecosystems, drought impacts (e.g. pest diseases and continued spread of invasive species), and other impacts in coming years. In addition to changes in wildfire behavior, urban development has expanded and is anticipated to grow more, which will increase the potential risk to wildfire exposure.36 Wildfire is a frequent occurrence within the Central Coast region. The last decade saw a series of dramatic fires, each with substantial impacts on ecosystems and human infrastructure. Several of the largest fires in California have occurred within the last 10 years including the Thomas Fire, one of the largest fires in California history. Future projections using statistical models indicate that central California may experience a larger number of wildfires and burned area by the mid-21st century under RCP
8.5. Overall burned area is projected to increase over 30 percent in the RCP 4.5 and more than 35 percent in RCP 8.5 scenarios by mid-century. Overall burned area is projected to increase over 40 percent in the RCP 4.5 and more than 35 percent in RCP 8.5 scenarios by endcentury.37 Many factors affect projected future occurrence of wildfire because of climate change.
There are significant uncertainties associated with the influence of climate change on the future occurrence of wildfire in or near the city.
In addition to the threat of wildfire, air quality can be greatly affected by nearby wildfires. Smoke can cause numerous health effects, from mild eye burning to irritated air ways and even cardiac issues. When smoke levels are high enough even healthy people may experience some of these symptoms.38
VULNERABLE POPULATIONS AND ASSETS
Community members will be affected by climate change to varying degrees depending on their sensitivity to its impacts including populations with access and functional needs, which is defined as community members who need assistance due to any condition (temporary or permanent) that limits their ability to act regardless of a formal diagnosis or specific evaluation.39 Social vulnerabilities can greatly inhibit the adaptive capacity of a community and can be remedied by implementing the Resilience Hubs concept, which are community-serving facilities that have been adapted to support residents before, during, and after a natural hazard event.40 On a larger scale, communities may be more vulnerable because of limited access to financial capital and resources, various institutional barriers, social network limitations, and compromised access to critical infrastructure. Adaptive capacity is largely influenced by governance, management, and institutions, thus making it imperative that adaptive capacity is 36 County of San Luis Obispo Multi-Jurisdictional Hazard Mitigation Plan. 2019. https://www.slocounty.ca.gov/Departments/Planning-Building/Forms-Documents/Plans-and-Elements/Elements/Local-HazardMitigation-Plan.aspx Accessed 3/4/2022. 37 California Energy Commission. N.d. Cal-Adapt. Available: <https://cal-adapt.org/tools/local-climate-change-snapshot/>.
Accessed March 3, 2022.
38 San Luis Obispo County Air Pollution Control District (APCD). 2022. https://www.slocleanair.org/air-quality/wildfire.php Accessed 3/8/2022.
39 FEMA. 2021. FEMA Reaches Out to People with Disabilities, Access and Functional Need. https://www.fema.gov/pressrelease/20210318/fema-reaches-out-people-disabilities-access-and-functional-need Accessed 7/29/2022. 40 Urban Sustainability Directors Network. 2022. http://resilience-hub.org/ Accessed 3/22/2022.
Safety Element Update 35
addressed through effective policy implementation. On a more local level, the sensitivity of a community depends more on the specific makeup of the community (i.e., specific populations and assets).
The most likely impacts of climate change that Grover Beach may experience include increases in average maximum temperatures, more severe storms, increases in extreme heat events, extended drought conditions, and increasing wildfire risk and associated air quality impacts.
Extensive impacts from sea-level rise are not anticipated in the near future. In addition, the city is susceptible to the heat island effect, which relates to urbanized areas that experience higher temperatures then the edges of the city.41
Populations
Certain population groups may be disproportionately harmed by the impacts of climate change.
As part of the 2019 MJHMP, San Luis Obispo County identified a social vulnerability index based on the Center for Disease Control’s (CDC) Agency Toxic Substances and Disease Registry (ATSDR) and their Geospatial Research, Analysis & Services Program teams. Grover Beach, along with Oceano, southwestern San Luis Obispo County, southeastern Atascadero, southeastern and western Paso Robles, San Miguel, and the Adelaida region, ranked highest for social vulnerability. The tool groups indicators by the following themes: socioeconomic status, household composition, race/ethnicity/language, and housing/transportation. Grover Beach was identified as high for overall social vulnerability, socioeconomic status, household composition & disability, and housing & transportation themes, and moderate for minority status & language theme.
The California Adaptation Planning Guide (APG) establishes a process for identifying populations groups that are vulnerable to climate change. Based on the APG, the populations most at-risk to climate change that are present in Grover Beach, include:
People experiencing homelessness
Children
Seniors
Outdoor workers
Low-income
Renters
Unemployed
Non-white communities
Non-English speakers
Individuals with impaired health/disabilities
Individuals with educational attainment less than 4 years of college Individuals with no healthcare
Veterans
41 U.S. Environmental Protection Agency (EPA). 2022. https://www.epa.gov/heatislands Accessed 3/22/2022. 36 Single female heads of households
Mobile home communities
These populations were identified using the Office of Environmental Health Hazard Assessment (OEHHA) CalEnviroScreen 4.0 Indicator Maps, California Healthy Places Index tool, and the U.S. Census.42 ,
External factors present in the community that also contribute to climate change vulnerability include high housing cost burden and exposure to poor air quality related to diesel particulate matter. The city experiences widespread housing cost burden. Housing-burdened low-income households are households that are both low income and highly burdened by housings costs.
The city is within the 60th and 80th percentile, which means that it experiences a higher housing cost burden than between 60 and 80 percent of the rest of the state. In addition to housing cost burden, the city experiences widespread exposure to diesel particulate matter. Diesel particulate matter comes from exhaust from trucks, buses, trains, ships and other equipment with diesel engines contains a mixture of gases and solid particles. These particulates are harmful to public health and the largest concentrations are along Highway 1 and Highway 101 in the city. Grover Beach has diesel particulate matter concentrations within the 45th and 52nd percentile, which means it is between 45 and 52 percent higher than the rest of state.43 Residents and businesses rely on various infrastructure and services such as water systems, electricity, natural gas, and roads. These systems and assets are vulnerable to the impacts of climate change, which in turn puts the wellbeing of community members at risk. Those with preexisting and chronic health conditions that rely on services and systems, are particularly vulnerable in situations where hazard events impact access to electricity, food, water supplies, healthcare, sanitary resources, transportation, and communication platforms. To help reduce negative impacts on vulnerable populations and increase adaptive capacity, it is vital that strategies and policies are implemented that ensure continuity of systems and services in the event of climate hazard events.
GOALS, POLICIES, AND IMPLEMENTATION PROGRAMS
Community safety is critical to fostering a healthy and livable environment for residents to thrive and enjoy a good quality of life. Adequate emergency response, hazardous material mitigation, and disaster preparedness are among the major contributors to community safety. The Grover Beach Safety Element provides the following goals, policies, and implementations programs related to creating a safe environment and hazard risk reduction in the city.
Goal-S-1 EMERGENCY PREPAREDNESS AND RESPONSE
A prepared and responsive community resilient against emergency situations. 42 CalEnviroScreen 4.0 Indicator Maps. 2021. https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40 Accessed on 3/15/2022. California Healthy Places Index (HPI). 2018. https://healthyplacesindex.org/ Accessed 3/14/2022. U.S. Census. 2020. https://data.census.gov/cedsci/advanced Accessed on 3/15/2022. 43 CalEnviroScreen 4.0 Indicator Maps. 2021. https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40 Accessed on 3/15/2022.
Safety Element Update 37
Policy S-1.1 Emergency Response and Preparedness
Prepare the City of Grover Beach and its residents for a wide variety of emergency situations through support and engagement with City Departments, the Five Cities Fire Department (or successor agencies), and coordinate emergency resources as directed in the City’s Emergency Response Plan. Target emergency preparedness information and resources towards vulnerable populations, including access and functional needs populations climate change related hazards, through potential partnerships with emergency service providers, educational and training programs, disaster preparedness groups, community-based organizations, and volunteer organizations.
Implementation S-1.1.1 Fund emergency services to ensure Emergency Response Plan levels of service.
Implementation S-1.1.2 Work with emergency service providers and the County Office of Emergency Services as part of City-run outreach programs to disseminate information on preparedness to vulnerable populations, including populations with access and functional needs. Explore development of a voluntary inventory of
contact information of Grover Beach residents to streamline communication during emergency events.
Implementation S-1.1.3 Coordinate with state agencies to enhance disaster awareness and preparedness through programs for residents.
Implementation S-1.1.4 Coordinate with key agencies at the County, regional, state, and national level to ensure the ability to adapt to increased disaster frequency and potency as a result of climate change.
Implementation S-1.1.5 Develop and implement information distribution systems and networks in coordination with existing emergency services through a designated Public Information Officer and utilize resources such as PulsePoint Alerts and ReadySLO.org to deliver accurate and prompt updates during a disaster
situation.
Policy S-1.2 Information Systems and Research
Adapt to or avoid hazards in future planning activities, maintain data bases of Geographic Information Systems programs and maps with comprehensive safety and disaster information in coordination with relevant disaster preparedness agencies, governments, academic institutions, and others as needed.
Implementation S-1.2.1 Maintain and implement an updated Emergency Operations Plan satisfying California Emergency Services Act
Requirements in coordination with the County Office of
Emergency Services and review local agency responsibility in 38 coordination with relevant local and regional emergency service providers.
Policy S-1.3 Risk Assessment
Investigate and support programs that reduce long term risks to development and resources through the best available information.
Implementation S-1.3.1 Continue to adopt a best management practice approach to reduce risk including the following:
Adopt tri-annual building code regulations
Review the Land Use Element and amend, as necessary,
to minimize development of land within hazard areas.
Develop adaptation strategies to reduce risk and increase resilience. Prioritize programs and funding for populations and critical assets most likely to be impacted by climate change.
Policy S-1.4 Critical Facilities, Recovery, and Reconstruction Assist public and private recovery and rebuilding efforts in the short and long term to house displaced persons and resume critical services and government functions as necessary after an emergency.
Implementation S-1.4.1 Maintain critical facilities to provide appropriate levels of emergency responsiveness within city limits and provide mutual aid assistance to agencies and organizations involved in disaster recovery.
Implementation S-1.4.2 Work with partner agencies or firms to advocate expansion of State and Federal relocation assistance funds and programs to aid residents and businesses displaced from hazardous buildings and neighborhoods.
Goal-S-2 WATER HAZARDS
Reduce potential damage to structures and danger to life caused by flooding, dam inundation, tsunami, seismic seiche, and other water hazards as applicable.
Policy S-2.1 Flood Hazards
The City shall implement all adopted local ordinances pertaining to development within a flood zone as well as pertinent State and Federal regulations.
Implementation S-2.1.1 Maintain a database of FEMA base flood elevation locations and prioritize infrastructure upgrades through the Capital Improvement Plan (CIP).
Safety Element Update 39
Policy S-2.2 Reduce Flood Damage
Reduce potential flood damage in areas of the city subject to flood conditions through the CIP process, the development review process, or other means as applicable.
Implementation S-2.2.1 Evaluate new development plans to reduce the potential for flood damage and support CIP projects that protect the city from flood damage.
Implementation S-2.2.2 Review development proposals on parcels with existing structures in flood zones so that proposed new development does not displace flood water, or accelerate water, more than previous structures on the site.
Policy S-2.3 Dam Failure and Inundation
Minimize the risk to life and property posed by dam failure and inundation.
Implementation S-2.3.1 Maintain a dam failure evacuation plan with emergency service providers in cooperation with the County of San Luis Obispo, and other emergency service agencies based on the best available dam inundation information and guidance.
Goal-S-3 FIRE SAFETY
A community prepared for and protected from urban and wildland fire hazards.
Policy S-3.1 Pre-Fire Management and Loss Prevention
Implement fire and life safety standards that minimize urban fire hazards, ensure adequate emergency access and defensible space through implementation of objective development standards, and conform development to relevant tri-annual California Fire Code and Building Code provisions.
Implementation S-3.1.1 Work with the Five Cities Fire Authority in outreach and education programs related to fire safety to increase
community awareness and preparedness for urban and
wildland fire hazards.
Implementation S-3.1.2 Reduce flammable vegetative material through the annual weed abatement program and code compliance program.
Implementation S-3.1.3 Periodically have Five Cities Fire Authority prepare a Strategic Plan to assess future equipment and staffing needs.
Implementation S-3.1.4 Implement the City’s Water Master Plan to upgrade fire flow deficiencies.
40 Policy S-3.2 Adequate Evacuation Routes
Ensure the swift and safe evacuation of residents and employees in the event of a disaster event or other emergency.
Implementation S-3.2.1 Review and update the emergency response and evacuation plans as part of the LHMP update.
Implementation S-3.2.2 Evaluate evacuation route capacity, safety, and viability under a range of emergency scenarios as part of the next update to the LHMP or emergency operation plan, in accordance with Sections 65302.15 (a) (AB 747) and 65302.15 (a) (AB 1409 of the Government Code.
Implementation S-3.2.3 Promote evacuation emergency preparedness for single access neighborhoods as identified through distribution of information and neighborhood meetings.
Implementation S-3.2.4 Develop and employ evacuation alternatives and/or alternative emergency access routes in neighborhoods that have single ingress/egress.
Implementation S-3.2.5 Develop and maintain evacuation options for vulnerable populations such as young children, older adults, outdoor workers, individuals that are linguistically isolated, visitors, and individuals with access and functional needs
Policy S-3.3 Wildfire Readiness and Response
Collaborate with the Five Cities Fire Authority and utility companies to maintain and improve emergency response services in the city of Grover Beach in case of wildfire event.
Implementation S-3.3.1 Partner with state or other emergency service providers for the latest training measures and capabilities available for training and enhancing local fire and emergency services.
Implementation S-3.3.2 Maintain and provide information regarding fire hazard zones, inform homeowners and residents of fire dangers associated with common activities and methods to reduce fire danger, and distribute available data on resources for home or
structure hardening to reduce the impact of wildland and urban fires in applicable areas.
Goal-S-4 GEOLOGIC AND SEISMIC HAZARDS
A community that minimizes potential impacts of geologic and seismic hazards through advanced planning and critical facility investments.
Policy S-4.1 Fault and Geologic Hazard Information
Minimize the risk to life and property damage due to geologic and seismic hazards.
Safety Element Update 41
Implementation S-4.1.1 Implement the California Building Code to address geologic and seismic hazards.
Implementation S-4.1.2 Promote the strengthening of planned utilities, the retrofit and rehabilitation of existing weak structures and lifeline utilities, and the relocation or strengthening of certain critical facilities to increase public safety and minimize potential damage from seismic and geologic hazards as part of the CIP process.
Goal-S-5 OTHER HAZARDS
A community protected from the potential impacts of other natural, artificial, and climate hazards with the potential to affect the city of Grover Beach.
Policy S-5.1 Radiation Hazards
Maintain a high level of emergency preparedness through coordination with the County Office of Emergency Services and distribute information to the public regarding potential radiation hazards.
Implementation S-5.1.1 City staff shall periodically review relevant emergency preparedness and evacuation information for radiation
hazards provided by PG&E to anticipate emergency services needed in the event of a radiological incident at Diablo Canyon Nuclear Power Plant.
Implementation S-5.1.2 Maintain relationships with mutual aid partners and the County of San Luis Obispo Office of Emergency Services to address radiological emergency planning and other
operations as required.
Policy S-5.2 Hazardous Materials
Reduce the potential impact of Hazardous Materials within the city of Grover Beach.
Implementation S-5.2.1 Review uses that propose to use, store, or transport hazardous materials to protect public health and safety Implementation S-5.2.2 Coordinate with Union Pacific Railroad to prepare for and respond to hazardous materials incidents in the case of derailment.
Implementation S-5.2.3 Partner with the County Integrated Waste Management Agency to distribute educational material to the public on safety issues posed by illegally disposed hazardous wastes, help distribute information on household hazardous waste dump sites and events and encourage responsible use of
household hazardous chemicals through IWMA programs and post educational materials on the City website.
42 Policy S-5.3 Hazardous Trees
Reduce danger from hazardous trees on city property and rights-of-way through maintenance and replacement programs.
Implementation S-5.3.1 Identify and trim or remove trees that are determined to be hazards. If trees are located within Environmentally Sensitive Habitat Areas as defined by the Coastal Act, engage with the Coastal Commission and other resource agencies to
determine if trimming and/or removal is feasible.
Policy S-5.4 Oil Pipelines
Reduce potential damage to people and property from idle or abandoned pipelines within the city of Grover Beach.
Implementation S-5.4.1 Work with pipeline owners and relevant agencies to ensure proper maintenance and management of idle or abandoned
pipelines within the city, consistent with state policy.
Policy S-5.5 Public Safety Facilities
The City should periodically evaluate if new or upgraded public safety facilities and utilities are needed as part of the CIP process. The anticipated effects from climate change should be considered, including more extreme weather events and increased severity and frequency of wildfires and flooding.
Implementation S-5.5.1 Incorporate needed public facilities as part of the CIP.
Prioritize improvements in neighborhoods with vulnerable populations.
Goal-S-6 AVIATION HAZARDS
A community prepared for aviation hazards.
Policy S-6.1 Airport Land Use Plan Compatibility
Ensure development proposals within the city are compatibility with the Oceano Airport Land Use Compatibility Plan.
Implementation S-6.1.1 Review development projects to ensure consistency with the Oceano Airport Land Use Compatibility Plan.
Goal-S-7 CLIMATE HAZARDS
A community that is resilient against climate hazards including extreme heat, extreme precipitation events, extended drought, sea level rise, and more frequent and severe wildfires and flood events.
Policy S-7.1 Resilience Hubs
Establish Resilience Hubs to provide alternatives to critical facilities to support vulnerable populations during emergencies.
Safety Element Update 43
Implementation S-7.1.1 Identify and establish appropriate multipurpose public facilities that are not currently equipped as emergency disaster
facilities as designated Resilience Hubs to supplement
response efforts using existing infrastructure. Utilize these facilities in the event of a declared state or federal disaster to provide essential services and resources to displaced
residents.
Policy S-7.2 Home Weatherization
Support modernization of residential and commercial buildings to increase resilience to climate change.
Implementation S-7.2.1 Promote 3C-REN and other organizations using public information platforms to raise community awareness of the rebate incentives for heat pumps and microgrid energy
storage components to increase power reliability that are provided. Prioritize at-risk vulnerable populations for retrofit incentives.
Implementation S-7.2.3 Explore opportunities to provide funding assistance to households and populations that are in greatest need of weatherization.
Policy S-7.3 Green Infrastructure
Require drought-tolerant landscaping and encourage installation of green roof systems as part of cooling strategies to help reduce the heat island effect and energy demand during extreme heat events.
Implementation S-7.3.1 Establish an inventory of street trees throughout the city to identify areas with disproportionately fewer trees and consider programs to promote additional street tree plantings; consider preparing an Urban Forest Master Plan to identify areas within the city that need additional tree canopy, to mitigate the impacts of the urban heat island effect.
Implementation S-7.3.2 Review development projects to ensure compliance with low water usage consistent with the Development Code and State law.
Implementation S-7.3.3 Encourage developers of large buildings to incorporate green roof systems.
Policy S-7.4 Coastal Flood and Erosion Resilience
Encourage regional and state entities to increase resilience to sea-level rise related impacts.
Implementation S-7.4.1 Engage with California State Parks and Caltrans in efforts to address sea level rise impacts on coastal dunes and State Route 1.
44 Policy S-7.5 Mobile Home Park Hazard Risk Reduction
Work with Le Sage Mobile Home Park to identify and implement strategies to address the community's high risk to coastal and stream flooding, evacuation constraints, and elevated vulnerabilities to climate change hazards.
Implementation S-7.5.1 Proactively engage with the Le Sage Mobile Home Park neighborhood to conduct emergency preparedness trainings to address the limitations of single points of entry and exit.
Implementation S-7.5.2 Develop a neighborhood Evacuation Plan for the Le Sage Mobile Home Park to address the community’s high risk to multiple hazards.
Policy S-7.5 Promote Water Conservation Efforts
Provide educational materials and programs to support water conservation efforts that take into account extended drought conditions associated with climate change.
Implementation S-7.4.1 Educate the community on water conservation practices and water usage restrictions during periods of extreme and
prolonged drought.
Implementation S-7.4.2 Continue to provide City incentives for water conservation to reduce water demand
Policy S-7.5 Resilient Water Supply
Pursue regional solutions with public and private partners to diversify the city’s water supply through utilizing alternative sources, including recycled water.
Implementation S-7.5.1 Continue the City’s partnership with the Cities of Pismo Beach and Arroyo Grande in permitting, constructing, and operating the Central Coast Blue advanced water treatment facility.
Implementation S-7.5.2 Support the on-going risk of saltwater intrusion into the Santa Maria Groundwater Basin including the four active wells used by the City of Grover Beach.
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Agenda Item No. 13
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 26, 2022 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer SUBJECT: Water Supply Update and Water Shortage Declaration
RECOMMENDATION
Conduct a public hearing to receive information on the City’s water supply and consider enacting a Stage 3 water shortage declaration with associated penalties.
BACKGROUND
The purpose of this agenda item is to update the Council on the City’s current water supply conditions and recommend declaring a Stage 3 water shortage declaration. In accordance with the adopted Water Shortage Contingency Plan (WSCP), the Council must hold a public hearing to consider objections to the proposed declaration before taking final action on staff’s recommendation. In addition, staff is recommending the Council provide direction to staff to take actions to secure a short-term supplemental water source. These actions are consistent with the adopted 2020 Urban Water Management Plan (UWMP) and associated Water Shortage Contingency Plan (WSCP) which correlates stages of action with observed water supply conditions (called “Triggering Conditions”) and outlines measures the Council could enact to reduce water demand. A copy of the WSCP is included as Attachment 2.
On May 9, 2022, the Council enacted a Stage 2 water shortage declaration and mandatory water waste prohibitions. All residential customers were assigned a bi-monthly baseline water budget based upon the amount of water used during the same bi-monthly billing period in 2020 and were required to reduce water use by 10% compared to the baseline budget. The Council did not enact penalties for violation of the reduction requirements. The following actions are prohibited based on the Council’s action:
• 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.
Staff Report: Water Shortage Update Page 2
September 26, 2022
The City also reduced watering of the Costa Bella and Mentone Basin parks to help reduce total water demand in the city.
Status of Demand Reduction Measures
Following the Council’s May 9th declaration, staff distributed information regarding the water shortage declaration and baseline budget in all water bills and posted information about drought conditions, mandatory water waste prohibitions and means to conserve water on the City’s website and other City communication platforms. Four months have passed since the Stage 2 declaration and based on production records the City has reduced water consumption by only
5.2% compared to last year. The City sent 195 violation notices in June, 125 in July and 142 in August. Most of the violations were for water use that was significantly greater than the 10% reduced budget so a higher percentage reduction requirement would not likely result in a significant increase in the number of violations.
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 or changed circumstances. To date, the City has received 38 requests for water budget adjustments and nine have met the criteria.
Status of City Water Supplies
The City has two principal water sources: Lopez Lake and the Santa Maria Groundwater Basin.
Under normal climate conditions the total amount of water legally or contractually available to the City is 2,207 acre-feet per year comprised of 800 acre-feet of Lopez water and 1,407 acre-feet of groundwater. Both sources rely on local rainfall and unfortunately the Central Coast 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 on the Zone 3 website. This year (July 1, 2021 to June 30, 2022) the rainfall accumulation was approximately 13 inches compared with the annual average of approximately 20 inches.
Lopez Lake Supply. As of September 20th, the Lopez Lake storage level was 11,873 acre-feet, or 24% of the total reservoir capacity. The chart from the County on the following page shows predicted and actual reservoir storage and monthly rainfall.
Staff Report: Water Shortage Update Page 3
September 26, 2022
In 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 prescribed reduction schedule is shown below. On July 21 in response to rapidly declining lake reservoir levels, the Zone 3 Advisory Committee endorsed the action of reducing contract deliveries by 20% retroactive to April 1, 2022. As a result, the City’s Lopez Lake entitlement was reduced to 640 acre-feet for the current 2023 water year (April 1, 2022 to March 31, 2023).
Based on the Lopez Lake storage projection chart above, the lake levels are expected to drop below 10,000 acre-feet by this December though that would not result in additional reductions unless further proactive measures are adopted by the Advisory Committee. However, assuming similar rainfall patterns to 2022 lake storage would be projected to drop below 5,000 acre-feet around September 2023. The County made 282 acre-feet of unused entitlement and downstream release water available to the City in the previous 2022 water year (April 1, 2021 to March 31, 2022) and the City used 69 acre-feet to make up the entire 800 acre-feet allocation so just 204 acre-feet remain after evaporation (which was nine acre-feet). The City can only functionally deliver just over 800 acre-feet in a year due to the physical characteristics of the City’s connection Staff Report: Water Shortage Update Page 4
September 26, 2022
to the Lopez Lake water main so the City would have to take delivery from another agency to increase deliveries much beyond 800 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 (NCMA) 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 seawater intrusion. The last quarterly monitoring report of 2021 recorded groundwater levels at 6.64 feet. The first two quarterly monitoring reports in 2022 recorded groundwater levels just above the threshold for seawater intrusion (Deep Well Index level of 7.5 feet) but the most recent quarterly reading for July was approximately 2 feet below the threshold. The NCMA Annual Report prepared by GSI Water Solutions indicates continued over pumping of the basin mostly attributed to agricultural demand and a net loss of approximately 1,400 acre-feet of stored groundwater last year.
Total Supply. The NCMA agencies have significantly reduced groundwater production in an effort to sustain water levels in the basin. The City has reduced groundwater pumping to approximately 500 acre-feet per year as opposed to the 1,407 acre-feet allowed per the basin adjudication.
Based on this reduced pumping and the available Lopez Lake allocation, the City’s current water supply is estimated at 1,344 acre-feet. The table below shows the anticipated supply available in the current water year and next water year assuming 2021 and 2022 rainfall patterns repeat this winter in 2023. Lopez Lake allocations will likely reduce to 520 acre-feet and there will be no remaining surplus water in the 2024 water year. Assuming groundwater pumping remains constant at 500 acre-feet, the City would have a total supply of just 1,020 acre-feet beginning in the 2024 water year beginning in April 2023. As described further, this would lead to a water shortage in the upcoming water year under this projection that would need to be addressed through additional water conservation along with short-term supplemental water supply.
Water Demand. In recent years, water demand in the city has been approximately 1,300 acrefeet per year. Estimated demand is expected to increase to approximately 1,350 acre-feet in the five-year planning horizon and to approximately 1,800 acre-feet in the 30-year planning horizon.
Based on current supply and demand estimates, the City would need to reduce demand by approximately 20% to balance supply and demand in the near future without additional short-term water supply.
Staff Report: Water Shortage Update Page 5
September 26, 2022
Recommended Stage of Action
There are four current triggering conditions impacting a declaration of a water shortage stage as follows:
1. Lopez Lake levels expected below 10,000 acre-feet by December 2022
2. 2 of 4 quarterly sentry well readings below 7.5 feet
3. State mandated water use reductions (in place since 2010)
4. 3 years of below average rainfall
Based on these triggering conditions and the initial results of the current 10% reduction requirement (5.2% reduction), staff is recommending the Council adopt a resolution declaring a stage 3 water shortage condition requiring a mandatory 20% reduction in water consumption by residential customers along with imposing penalties in accordance with the adopted WSCP. Per Staff Report: Water Shortage Update Page 6
September 26, 2022
the WSCP, a first violation would result in a warning letter, then penalties are $100 for the second violation, $200 for the third violation and $500 for the fourth and subsequent violations. If a water customer remains in compliance for 12 months, the penalty program resets to a warning letter for the first subsequent penalty. Staff is recommending penalties be assigned for the second penalty following the proposed Stage 3 declaration regardless of previous violation status. Staff anticipates returning to the Council in spring 2023 with an update on water supply conditions and projections for the 2024 water year and may recommend additional water shortage declarations based on conditions which could affect the timing of building and development plans.
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 72 gpcd (gallons per capita per day) in the 2021 water year. 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 totaling 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, water conservation retrofit programs, and penalties for non-compliance. Based on the City’s current population, staff estimates the City could achieve a reduction in water demand to approximately 1,060 acre-feet at 62 gpcd which is a reduction of approximately 13% from current per capita demand. The City’s average water usage is among the lowest in the state and one of the lowest among local water purveyors.
However, despite this low demand, the tenuousness in the City’s current water supply given drought conditions is requiring the City take additional actions to reduce demand.
Central Coast Blue. As the Council is aware, the City 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 are considering approval of a Joint Powers Authority agreement by October 2022 and the project is expected to be operational by late 2025 with additional groundwater supply available by mid-2026.
Short-Term Supplemental Water Supply Agreement. The City has the option to negotiate an agreement for short-term supplemental water supply from another agency. Several nearby agencies and the County share water infrastructure that would allow water to be delivered to Grover Beach if needed. This could include State water, Lopez Lake water or groundwater depending on the agencies own supply needs. Beyond the enactment of the Stage 3 water shortage declaration, staff is requesting the Council provide direction to staff to begin discussions with other agencies so that a supply agreement could be in place to meet projected demand beginning in the 2024 water year if the drought conditions continue to worsen.
FISCAL IMPACT
This action will result in costs to the Water Enterprise Fund including staff time associated with the public information campaign, responding to water budget adjustment requests, monitoring water use and assigning penalties for non-compliance. The recommended water use reduction Staff Report: Water Shortage Update Page 7
September 26, 2022
will also result in some loss of revenue to the Water Enterprise Fund. Staff will continue to monitor the Fund and return to Council in the future with information and recommendations if needed as part of upcoming financial reviews.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct a public hearing to receive information on the City’s water supply and consider enacting a Stage 3 water shortage declaration with associated penalties; or
2. Do not enact a Stage 3 water shortage declaration with associated penalties; or
3. Provide additional direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A public hearing notice was posted in the New Times on September 15, 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 3 WATER SHORTAGE CONDITION 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 3 Water Shortage condition may include, but are not limited to, a determination that the water level at Lake Lopez is at or below ten thousand (10,000) acre feet; there have been two of four recent quarterly sentry well level readings below the deep well index trigger level of seven and one-half feet; annual rainfall is below average for 3 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 20% reduction in Lopez deliveries; and Resolution No. 22- Page 2
WHEREAS, as of September 20, 2022, rainfall to date for the period beginning July 1, 2022 was approximately 13 inches at the Lopez Dam rain gauge and based on the severity of the drought, rainfall this year is unlikely to replenish the City’s normal available water supply; and WHEREAS, as of September 20, 2022, Lopez Lake is at 11,873 acre-feet of storage and is expected to fall below the triggering threshold of 10,000 acre-feet by approximately December 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 3 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 3 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 September 26, 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 3 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 20% 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 20-percent reduction 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 20 percent. Residential 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 3 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 3 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 26th day of September, 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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CHAPTER 4 EMERGENCY RESPONSE ACTIONS
4.1 Emergency Response Plan
A catastrophic event may result in a complete loss of watersuppliesfor 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
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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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City of Grover Beach Water Shortage Contingency Plan December 2021
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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.