AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
TUESDAY, FEBRUARY 14, 2023, 6:00 PM
Next Resolution No .23-04
Next Ordinance No. 23-01
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 Robert Robert, Daniel Rushing, Clint Weirick, Mayor Pro Tem Anna Miller, and Mayor Karen Bright
CLOSED SESSION ANNOUNCEMENTS
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
1. Introduction of New Police Employees and Departmental Awards
2. Parks & Recreation Volunteer of the Year
PRESENTATIONS
3. Central Coast Community Energy Annual Member Presentation 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
Tuesday, February 14, 2023
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.
4. Minutes of the Regular City Council Meeting on Monday, January 23, 2023. (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
5. Appointment to the Parks, Recreation, and Beautification Commission – City Clerk Wendi Sims
(Recommended Action: Confirm and approve Mayor Bright’s recommendations and adopt the Resolution to appoint Zach Zimmerman to fill the remainder of the four-year term of office left by the resignation of Sage Lysobey, scheduled to expire on May 31, 2024; and Anita Shower to fill the remainder of the four-year term of office left by the resignation of Kara Ramirez, scheduled to expire on May 31, 2025. Upon adoption of the Resolution, it is further recommended that Parks, Recreation, and Beautification Commissioners Zimmerman and Shower be introduced to the City Council and members of the audience.)
ROLL CALL VOTE
6. Annual Military Equipment Report per CA Assembly Bill No. 481 – Police Commander Munro
(Recommended Action: Receive and file the annual Military Equipment Report per Assembly Bill No. 481 and Adopt the Resolution Authorizing the Continuation of Ordinance #22-01 and the Purchase of Additional Unmanned Aerial Systems (Drones) a PepperBall System and Patrol Rifles in 2023.)
ROLL CALL VOTE
7. Authorize Clean California Maintenance Agreement with Caltrans – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris (Recommended Action: Approve Clean California Maintenance Agreement with Caltrans for debris and litter removal along Highway 1 and authorize the Mayor to execute the agreement on behalf of the City.)
ROLL CALL VOTE
8. West Grand Avenue Streetscape 4th-8th Street (CIP 2287): Design Amendment – Public Works Director/City Engineer Ray and CIP Manager Wiggin (Recommended Action: Authorize the City Manager to approve change orders to the contract with BFK Engineers for design services for the West Grand Avenue Streetscape project up to $90,000.00.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Tuesday, February 14, 2023
PUBLIC HEARING
None
REGULAR BUSINESS
9. FY 2022-23 Mid-Year Budget Review and General Fund Forecast – Administrative Services Director Purcell
(Recommended Action: Receive information on the FY 2022-23 Mid-Year Budget Review including the City’s American Rescue Plan Act allocation and the updated General Fund Financial Forecast; approve mid-year appropriate requests; and provide input and direction to staff.)
10. FY 2022-23 Mid-Year Council Goals Implementation Report and FY 2023-25 Council Goal Setting Process Review – Deputy City Manager Eriksson (Recommended Action: Receive a presentation on the mid-year implementation status report on FY 2022-23 City Council Goals and the process for the Council to set City Council Goals for FY 2023-25.)
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.
Air Pollution Control District (APCD) Karen Bright (Alt: Anna Miller) Central Coast Blue Regional Recycled Water Authority Karen Bright (Alt: Daniel Rushing) (CCBRRWA)
South SLO County Sanitation District (SSLOCSD) Karen Bright (Alt: Clint Weirick) Homeless Services Oversight Council (HSOC) Anna Miller (Alt: Clint Weirick) REACH SLO Advisory Commission Anna Miller (Alt: Robert Robert) South County Chambers of Commerce Anna Miller (Alt: Daniel Rushing) Visit SLO CAL Advisory Committee Anna Miller (Alt: Robert Robert) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Daniel Rushing) Five Cities Fire Joint Powers Authority Daniel Rushing (Alt: Clint Weirick) SLO Council of Governments / SLO Regional Transit Authority Daniel Rushing (Alt: Karen Bright) (SLOCOG / SLORTA)
South County Transit Committee Daniel Rushing (Alt: Karen Bright) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright) SLO County Water Resources Advisory Committee (WRAC) Clint Weirick (Alt: Robert Robert) Agenda: Grover Beach City Council Meeting Page 4
Tuesday, February 14, 2023
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 – EXISTING LITIGATION
Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 City of Grover Beach v. Allen Thompson, Case No. 23CV-0038
ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 Addressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 Addressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Agenda Item No. 1
Introduction of New Police Employees and
Departmental Awards
(CC Mtg 2/14/2023)
No Documentation for this Agenda Item –
Introduction of New Police Employees
and Departmental Awards
Agenda Item No. 2
Parks & Recreation Volunteer of the Year
(CC Mtg 2/14/2023)
No Documentation for this Agenda Item –
Parks & Recreation Volunteer of the Year
Agenda Item No. 3
Central Coast Community Energy Annual Member
Presentation
(CC Mtg 2/14/2023)
No Documentation for this Agenda Item –
Central Coast Community Energy Annual Member Presentation
MINUTES
CITY COUNCIL MEETING
MONDAY, JANUARY 23, 2023
CALL TO ORDER Mayor Bright 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 Hayden Bassett, 10 years- old and a 5th Grade student at Fairgrove Elementary School.
ROLL CALL
City Council: Council Members, Robert Robert, Daniel Rushing, Mayor Pro Tem Anna Miller, and Mayor Karen Bright were present.
City Staff: City Manager Matthew Bronson, City Attorney David Hale, Deputy City Manager Kristin Eriksson, City Clerk Wendi Sims, Police Chief John Peters, Administrative Services Director Deanne Purcell, Community Development Director Megan Martin, Public Works Director/City Engineer Greg Ray, and Parks & Recreation Program Director Kathy Petker were also present.
CLOSED SESSION ANNOUNCEMENTS:
None.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as submitted.
CEREMONIAL CALENDAR
1. 2022 City Employee of the Year – Accounting Technician II Becky Robledo
2. Introduction of New City Employees – Community Development Director Megan Martin, Finance Manager Lorena Zarate, Accounting Technician III Micheal Flores, Administrative Assistant I Crystal Neal - Administrative Services Director Deanne Purcell made the introductions.
PRESENTATIONS
3. Presentation of Holiday of Lights Winners – Parks and Recreation Director Kathy Petker and Parks, Recreation and Beautification Commission Vice Chair Kassi Dee announced the awards winners.
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.
• Timothy Mahoney
Agenda Item No. 4
Minutes: City Council Meeting Page 2
Monday, January 23, 2023
• Kayla Diaz
No further comments received and the Mayor closed the Public Communications segment for this portion of the meeting.
CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Bright invited public comment on the items under the Consent Agenda. At this time Mayor Bright asked if there was anyone who would like to make any public comments there was no one so Mayor Bright closed public comment.
It was motioned by Mayor Pro Tem Miller and seconded by Council Member Rushing to approve Consent Agenda Item Nos. 4, 5, 6, 7, 8, 9, 10, 11, and 12 as recommended. The motion carried on the following roll call vote:
AYES: Council Members – Robert, Rushing, Mayor Pro Tem Miller and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
4. Treasurer’s Report for the Period of November 1, through November 30, 2022, and December 1, through December 31, 2022.
Action: Approved the Treasurer’s Report as submitted.
5. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period of November 1, through November 30, 2022, and December 1, through December 31, 2022.
Action: Approved the Treasurer’s Report as submitted.
6. Minutes of the Special Joint City Council/Parks, Recreation and Beautification Commission Meeting on Tuesday, November 1, 2022, the Special City Council Meeting on Monday, December 5, 2022, and the Regular City Council Meeting on Monday, December 12, 2022.
Action: Approved the minutes as submitted.
7. Resolution to Ratify the Community Development Director Request to Consolidate a Coastal Development Permit for the Central Coast Blue Project Action: Adopted the Resolution No. 23-01 ratifying the Community Development Director’s request for consolidation of a Coastal Development Permit for development of facilities and infrastructure related to the Central Coast Blue recycled water project.
Resolution No. 23-01: A Resolution of the City Council of the City of Grover Beach, California ratifying a Request for a Consolidated Permitting Process for Coastal Development Permits for Infrastructure and Wells Associated with the Central Coast Blue Project
Minutes: City Council Meeting Page 3
Monday, January 23, 2023
8. Contract with San Luis Obispo County for Animal Care and Control Services for FY 2022-25
Action: Adopted the Resolution No. 23-02 authorizing a three-year contract with the County of San Luis Obispo for the continued provision of Animal Care and Control Services through June 30, 2025.
Resolution No. 23-02: A Resolution of the City Council of the City of Grover Beach, California Approving the Contract for Animal Care and Control Services with the County of San Luis Obispo
9. Award of Construction Contract Measure K-14 Street Improvements CIP 2295-15 (Portions of N. 6th, Charles Street, Manhattan Avenue, Seabright Avenue, S. 7th Street and S. 10th Street)
Action: Awarded the Contract for construction of CIP 2295-15 as part of the Measure K14 Street Rehabilitation Program to The J.F. Will Company in the amount of $731,820.49 for the Base Bid; authorize the City Manager to sign and affirm change orders up to an aggregate of $110,000; and authorize the Mayor to execute the contract on behalf of the City.
10. FY 2021-22 Annual Comprehensive Financial Report
Action: Received and filed the FY 2021-22 Annual Comprehensive Financial Report
11. FY 2021-22 Citizens Oversight Committee for City Revenue Measures Report including K-14 Street Repair Bond, X-06 Transaction and Use Tax, and Measure F20 Transaction and Use Tax Action: Received and filed the FY 2021-22 Citizens Oversight Committee for City Revenue Measures Report.
12. Approval of a Software as a Service Agreement with Tyler Technologies for an Enterprise Resource Planning System
Action: Approved an agreement with Tyler Technologies, Inc. for an initial three-year term for implementation of a new Enterprise Resource Planning (ERP) system and for ongoing Software as a Service (SaaS).
PUBLIC HEARING
None.
REGULAR BUSINESS
13. Appointment to Fill City Council Vacancy
Mayor Bright read the title to the foregoing item and deferred to staff for a report.
City Manager Bronson presented a brief overview of the appointment process for the vacant City Council seat.
Minutes: City Council Meeting Page 4
Monday, January 23, 2023
Mayor Bright invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Council Member Robert and seconded by Council Member Rushing to fill the City Council seat vacancy with Clint Weirick.
AYES: Council Members – Robert, Rushing, Mayor Pro Tem Miller and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
Swearing-in Ceremony of Newly selected City Council Member RECESS: Mayor Bright requested a 10-minute break, upon consensus of the City Council the meeting recessed at 7:20 p.m.
RECONVENE: At 7:26 p.m. the meeting reconvened with all members of Council present.
14. Homelessness Response Update
Mayor Bright read the title to the foregoing item and deferred to staff for a report.
City Manager Bronson and City Attorney Hale presented an update of the City’s response to homelessness in Grover Beach.
Mayor Bright invited public comment on this matter.
• Janna Nichols
• County Supervisor Dawn Ortiz-Legg
• Rowena Bennie
• Richard Neufeld
• Cathryn Sells
• Stacy Korsgaden
• Lynn Austin
• Daniel Arndt
• Ginger Schenk
• Patrick Rebstock
• Donna De La Rosa
• Nez Hossheini
• Jake McKiernan
At this time Mayor Bright closed public comment.
Minutes: City Council Meeting Page 5
Monday, January 23, 2023
Mayor Bright re-opened public comment to take additional comments. • Mark Cronin
• Casey Johnson
• Patricia Allison
No further public comments were received at this time and the Mayor closed public comment.
Action: City Council received an update on the City’s response to homelessness in Grover Beach and provided input and direction to staff on a draft ordinance on camping in public and private property.
RECESS: City Manager Bronson requested a 10-minute break, upon consensus of the City Council, the meeting recessed at 9:50 p.m.
RECONVENE: At 9:58 p.m. the meeting reconvened with all members of Council present.
15. 2023 City Council Assignments to Boards, Commissions and Committees Mayor Bright read the title to the foregoing item and deferred to staff for a report.
City Manager Bronson presented a brief description of the City Council Assignments.
Mayor Bright invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Council Member Robert and seconded by Council Member Rushing to adopt the Resolution No. 23-03 confirming certain Council assignments and authorizing the City Clerk to update FPPC Form 806 for posting on the City website. The motion carried on the following roll call vote:
AYES: Council Members – Robert, Rushing, Weirick, Mayor Pro Tem Miller and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
Resolution No. 23-03: A Resolution of the City Council of the City of Grover Beach, California, Revising City Council Committee Assignments for Calendar Year 2023 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 came forward and the Mayor closed public comment.
Minutes: City Council Meeting Page 6
Monday, January 23, 2023
COUNCIL COMMITTEE REPORTS
Mayor Pro Tem Miller reported on the Homeless Services Oversight Council (HSOC) meeting.
Council Member Roberts discussed the Integrated Waste Management Authority (IWMA) meeting.
Mayor Bright stated she attended the SLO Council of Governments (SLOCOG) meeting.
COUNCIL COMMUNICATIONS
Council Member Weirick expressed his thanks to all Council Members.
Council Member Robert welcomed new Council Member Weirick.
Mayor Pro Tem Miller noted her excitement with the addition of Council Member Weirick.
Council Member Rushing welcomed new Council member.
Mayor Bright stated she is also excited with Council Member Weirick joining Council. She discussed an email forwarded from Anne Holden, Chair of the Citizen’s Oversight Committee for City Revenue Measures, and the option of placing this item on a future agenda for discussion with agreement with all Council staff will proceed with this action. Mayor Bright also, mentioned an email received from Betsy Nash.
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson mentioned the Council Goal Setting Community Forum will take place on Wednesday, January 25, 2023, at 6:00 pm at the Ramona Center, a light dinner and childcare will be provided.
CITY ATTORNEY’S REPORTS AND COMMENTS
None.
CLOSED SESSION
None.
Minutes: City Council Meeting Page 7
Monday, January 23, 2023
ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 10:21 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: February 14, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: Appointments to the Parks, Recreation, and Beautification Commission
RECOMMENDATION
Confirm and approve Mayor Bright’s recommendations and adopt the Resolution to appoint Zach Zimmerman to fill the remainder of the four-year term of office left by the resignation of Sage Lysobey, scheduled to expire on May 31, 2024; and Anita Shower to fill the remainder of the fouryear term of office left by the resignation of Kara Ramirez, scheduled to expire on May 31, 2025.
Upon adoption of the Resolution, it is further recommended that Parks, Recreation, and Beautification Commissioners Zimmerman and Shower be introduced to the City Council and members of the audience.
BACKGROUND
There are two vacancies on the Parks, Recreation, and Beautification (PRB) Commission due to the recent resignations of Sage Lysobey, whose term will expire on May 31, 2024, and Kara Ramirez whose term will expire on May 31, 2025; both moved out of Grover Beach city limits.
Staff advertised the PRB Commission vacancies with press releases in the local newspapers and on social media, notices on the City website, government cable access Channel 20, and posted notices on the bulletin board located at City Hall.
An Advisory Body Screening Committee comprised of Mayor Karen Bright, PRB Commission Vice Chair Kassi Dee and Parks and Recreation Director Kathy Petker conducted interviews on February 7, 2023. There were two applicants who were advised that the Council would be requested to confirm and approve the Mayor Bright’s appointment at tonight's meeting. It should be noted that there were three candidates qualified and ready to serve the Grover Beach community as a member of the PRB Commission, unfortunately Mr. Chad Clark had to resign due to family obligations.
At the conclusion of the interviews, Mayor Bright decided to recommend for Council approval the appointments of Zach Zimmerman to fill the remainder of the four-year term of office scheduled to expire on May 31, 2024; and Anita Shower to fill the remainder of the four-term of office scheduled to expire on May 31, 2025. The Commissioners will begin serving their new term at the next scheduled Parks, Recreation and Beautification Commission meeting on Thursday, February 16th.
FISCAL IMPACT
There is no fiscal impact with the recommended action.
Staff Report: Appointment to Parks, Recreation, and Beautification Commission Page 2 February 14, 2023
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Accept and confirm Mayor Bright’s recommendations and adopt the Resolution to appoint Zach Zimmerman to the remaining four-year term of office, scheduled to expire on May 31, 2024; and to appoint Anita Shower to the remaining four-year term of office, scheduled to expire on May 31, 2025.
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. All applicants were sent a copy of this staff report and the meeting agenda.
Attachments
1. Draft Resolution
2. Applications (Note: redacted copies posted to the City website. Copies without redactions are available by request to the City Management Department.) RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA AUTHORIZING THE APPOINTMENTS OF ZACH ZIMMERMAN
AND ANITA SHOWER TO THE GROVER BEACH PARKS, RECREATION AND
BEAUTIFICATION COMMISSION
WHEREAS, the Parks, Recreation and Beautification Commission is a body of five lay citizens; and
WHEREAS, two (2) vacancies currently exist on the Commission due to the resignation of two of the Commissioners who have moved out of the city limits. One seats term is for the remaining 1 year and the second seat term is for the remaining 2 years of that seat.
WHEREAS, the City actively solicited potential candidates to serve on the Parks, Recreation, and Beautification Commission; and
WHEREAS, it is the responsibility of the Advisory Body Screening Committee to interview prospective citizen candidates and submit their recommendation to the Council for approval; and
WHEREAS, the Advisory Body Screening Committee, consisting of Mayor Karen Bright, Council Member Rushing, and Parks, Recreation and Beautification Commission Vice Chair Dee conducted interviews on February 7, 2023, and at the conclusion of those interviews Mayor Bright made a recommendation to the Council for appointments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby accepts Mayor Bright’s recommendation and approves the appointments to the Park, Recreation, and Beautification Commission of Zach Zimmerman to fill the remainder of the one-year term of office, scheduled to expire on May 31, 2024 and Anita Shower to fill the remainder of the two-year term of office, scheduled to expire on May 31, 2025.
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 –
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 14th day of February 2023. _____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Attachment 1
**DRAFT**
City of Grover Beach
APPLICATION FOR APPOINTMENT TO SERVE
ON A CITY COMMISSION, COMMITTEE OR BOARD
This application will remain active and on file for one (1) year.
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
City of Grover Beach
OCT 31 2022
RECEIVED
I wish to be considered for appointment to the following Commission, Committee or Board:
(Check only one. Submit a separate application if you are interested in more than one.) D Planning Commission • Parks, Recreation and Beautification Commission D Traffic Committee D Citize.Q_ Oversight Committee for City Revenue Measures Name:
Organization Dates Served Position
Attachment 2
You may attach additional pages o · · at may be beneficial to the Advisory Body Screening Committee, City C cil and/or City offic· s) when considering your application.
Please be advised that s application may be discusse y the City Council'' an open meeting. o the City Council at open meetings i copied to the news edia.
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to:
For Office Use Only
Office of the City Clerk
154 South 8th Street
Grover Beach, CA 93433
Or via email: [email protected]
Interview Date: Appointed: O Yes O No Appointed Date:
Appointment is for: O Unexpired Term Ending o Full Term Ending _____ _ City of Grover Beach
APPLICATION FOR APPOINTMENT TO SERVE
ON A CITY COMMISSION, COMMITTEE OR BOARD
This application will remain active and on file for one (1) year.
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
City of Grover Be•ch
OCT 27 2022
Ht:CEIVED
I wish to be considered for appointment to the following Commission, Committee or Board:
(Check only one. Submit a separate application if you are interested in more than one.) D Planning Commission
D Traffic Committee
D Parks, Recreation and Beautification Commission
D Citizen Oversight Committee for City Revenue Measures Name: CX\~b !. C.~Y-.._ (Please print)
Home Address:
Mailing Address:
(If different from home address)
Occupation/Employer: Le:, Scv- ~ I'-! \ ef"°'--.
Home Phone: Work Phone:
Date: 2/_
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Ce 11 Phone: E-mail: ,
May we contact you at work? ~s 0 No Years lived in Grover Beach: \ · 5 Are you related or married to any elected or appointed City official or employee? 0 Yes )i'No If yes, name of relative and their position with the City of Grover Beach: -------- Communi Service Ex erience:
Organization Dates Served Position
Em lo ment Histo
Company Dates Served Position
c\Jf 'f €.V\
Application for Appointment to Commission, Committee, or Board Page2
Other relevant experience, education, or training: \'J Q., ~~ ~\\Q.f ~arl, "') li\-1 ~ ~\wt\ c a I/\ ~ ~
\) \';2\\-e_d_ ~'( PY\\-\'{e, \ ,££.• .L l_c>,\~ Mi CQIV'/\l\UI\ I o/ Q.v>.0. w o v\A L \I.e. k Q' "£ TuLls J 11.\c,o Wo1i\d \ d,, Li\ t y.F''eJI ' You may attach additional pages or information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings is copied to the news media.
Have you ever attended a meeting of this City Council? OYes ~o If yes, how many in the last year? Why did you attend? ----- ---- Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Commissions, Committees or Boards are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property. For more information visit: http://www.fppc.ca.gov m erest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to:
For Office Use Only
Office of the City Clerk
154 South 81h Street
Grover Beach, CA 93433
Or via email: [email protected]
Interview Date: Appointed: O Yes O No Appointed Date:
Appointment is for: O Unexpired Term Ending O Full Term Ending ----- City of Grover Beach City of Greyer Beach
APPLICATION FOR APPOINTMENT TO SERVE JAN 19 2023
ON A CITY COMMISSION, COMMITTEE OR BOARD
This application will remain active and on file for one (1) year.. R EC E I VE D This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
I wish to be considered for appointment to the following Commission, Committee or Board:
(Check only one. Submit a separate application if you are interested in more than one.) D Planning Commission
D Traffic Committee
fW1Sarks, Recreation and Beautification Commission
D Citizen Oversight Committee for City Revenue Measures Name: 2 o.....c. (;.. Z i'vv\MU "' (Please print)
Home Address:
Date: I { 18 / Z.~
Mailing Address --~=--~~ -~-~------------- <"different from home address) Occupation/Employer: Ass• s~+- lt1 1M/\AA.~,,.. If ~~J.i ' ~ e.~.J, C/"", ... '6r:,..-M- • Work Phone:
c kw- h..· 11 w i n.t...-"t
---------------- Cell Phone: E-mail:
May we contact you at work? aYes 0 No Years lived in Grover Beach: _.3 __ _ Are you related or married to any elected or appointed City official or employee? 0 Yes Gl'No If yes, name of relative and their position with the City of Grover Beach: -------- Communi Service Ex erience:
Organization Dates Served
Employment History (If aoolicable):
Company Dates Served
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Application for Appointment to Commission, Committee, or Board Page2
Other relevant experience, education, or training:
fy f 0 "I~ i fa, .y..._ / "1 /,' /'vle.., k .{ V'- Jn I ; k.6 Iv k ,0 DC! f- ce/')OV\ €:.., v'{,\., G ·fl;1e(\..(.. ft.~V\. ID y~~d ~..,,+cff;t,v ~v(w~\ e-,1pev/-l.V/_R-, /'v)c'Sfll(, 1 Vi o. f~ ... .J...L./';> {.,_._-p r c { e . What Is your understanding ofthe role and responsibilities of the City Council? ID 3vt/t.u,.1 rvtp./f- ~v-.. &>~A O/LJ p0;~5/~·-,e
Please indicate the reasons for your interest in serving on the City Council:
To
s~ Ct?.J €A.CJctV...~ f 7 I C(,,'Vv-.~{l1-ti l:,v/(of_ ~ r;vv..1 Lt{-, t L !i-y t1 IS ol 1"'Wfal f11'-t ' / ~ V es You may attach additional pages or information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings is copied to the news media.
Have you ever attended a meeting of this City Council? BYes ONo I Why did you attend? To IA.A~""";)/~( I f'l-A_ '-{~ -/{-/1-\ f Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Commissions, Committees or Boards are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property. For more information visit: http://www.fppc.ca.gov -----------------~
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to:
For Offlce Use Only
Office of the City Clerk
154 South 81h Street
Grover Beach, CA 93433
Or via email: [email protected]
Interview Date: Appointed: 0 Yes 0 No Appointed Date:
Appointment is for: 0 Unexpired Term Ending 0 Full Tenn Ending ____ _ Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: February 14, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Jim Munro, Police Commander
SUBJECT: Annual Military Equipment Report per CA Assembly Bill No. 481
RECOMMENDATION
Receive and file the annual Military Equipment Report per CA Assembly Bill No. 481 and Adopt the Resolution Authorizing the Continuation of Ordinance #22-01 and the Purchase of Additional Unmanned Aerial Systems (Drones) a PepperBall System and Patrol Rifles in 2023.
BACKGROUND
On September 30, 2021, Assembly Bill 481 (AB 481) was codified in Government Code sections 7070 through 7075 and required the governing body of a law enforcement agency to adopt a “military equipment use” policy no later than May 1, 2022. The Police Department complied with AB 481 in policy development, holding a community meeting and making the policy documents available on their website prior to the Council adopting the policy through ordinance #22-01 on March 14, 2022.
AB 481 also requires law enforcement agencies to present an annual report to their governing body on the use of the equipment, any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed (in parenthesis) by the agency and the intention to purchase additional equipment in the following year.
Staff reviewed department records and determined there were no complaints or concerns raised regarding the use of the equipment in 2022. Staff’s internal audit of the equipment use determined there were no violations of Police Department Policy #707 or any other departmental policy. The bullet points below highlight the use of the equipment and the costs associated with the use of the equipment.
Use of Military Equipment:
• 12 Unmanned Aerial Systems (Drones) were used a total of 124 times for field operations resulting in the arrest of offenders, locating stolen property and fireworks responses during the 4th of July.
• Unmanned Aerial Systems were also used a total of 73 times for the training of law enforcement personnel.
• The Armored Vehicle was used a total of 13 times; 6 for training of law enforcement personnel, 4 for community presentations, 3 field deployments. • The Mobile Command Vehicle was used a total of 15 times; 7 for community presentations, 4 for training of law enforcement personnel, 4 field deployments. • 40mm Launchers (7), were only deployed one time in the field, but never fired and were Staff Report: Annual Military Equipment Use Report Page 2 February 14, 2023
only fired in the training of law enforcement personnel. 40mm rounds and Bean Bags rounds were only used in the training of law enforcement personnel. • Patrol Rifles (6) were deployed one time in the field on a search warrant, but never fired and were additionally deployed in the training of law enforcement personnel. • Distraction Devices were only used in the training of law enforcement personnel. • Tear Gas was only used in the training of law enforcement personnel. • Military Surplus Generator was not deployed in 2022.
Costs Associated with the Use of Military Equipment:
• Unmanned Aerial Systems are generally low-cost items to operate and maintain. The department had $2,495.43 in annual operating costs.
• The Armored Vehicle had $580.71 in annual fuel costs and $421.36 annual maintenance costs.
• The Mobile Command Vehicle had $339.67 in annual fuel costs and $714.94 in annual maintenance costs.
• 40mm Launchers and Bean Bag Shotguns had no annual costs, although the 40mm training rounds annual cost was $5,520 while the Bean Shotgun training rounds annual cost was $2,760.
• Patrol Rifles had no annual maintenance costs, although the training rounds annual cost was $2,213.
• The Distraction Devices, Tear Gas and Surplus Generator had no annual costs.
Staff has reviewed the equipment needs for the Police Department and determined there is a need to purchase more items of equipment that fall under the Military Equipment Use Policy.
Funding for the purchase of additional Unmanned Aerial Equipment and a PepperBall System already exists in the current FY 2022-23 Police Department operating budget. Funding for additional patrol rifles will be requested during the budget process for the next fiscal year. Below is the list of equipment the Police Department desires to purchase under this policy. • DJI Mavic Mini
1. Cost: $600 each
2. Quantity: 2
3. Description: Miniature UAS that can record video with approximately 25 minutes of flight time
4. Purpose: Additional drones needed to equip new pilots that will be added to the drone team.
• DJI Dual Enterprise Advanced
5. Cost: $5,000
6. Quantity: 2
7. Description: UAS that has color and infrared recording camera in addition to a detachable speaker and light. Approximately 30 minutes of flight time.
8. Purpose: Will replace current mid-size drones that are “end of life” • Colt M4 .556 Patrol Rifle
9. Cost: $1300
10. Quantity: 2
Staff Report: Annual Military Equipment Use Report Page 2 February 14, 2023
11. Description: Gun that is fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance
12. Purpose: New rifles needed to equip two additional patrol vehicles that will be added to the fleet.
• PepperBall System
13. Cost: $900
14. Quantity: 1
15. Description: A non-lethal Oleoresin Capsicum (OC aka: Pepper Spray) delivery system that uses high pressure air similar to a paintball gun to deliver OC to resisting suspects from a distance.
16. Purpose: To allow officers to keep a safe distance from resistant and combative suspects when delivering OC to help gain control of the suspect and safely place them under arrest.
In compliance with AB 481, this staff report, resolution and updated GBPD Policy #707 were published, in draft form, on the Police Department’s website at least 30 days prior to the Council meeting. Staff also conducted one community meeting prior to the Council meeting to discuss these documents and the Military Equipment Use program with concerned community members.
FISCAL IMPACT
The fiscal impact is estimated to be approximately $14,700 in new equipment purchased if the resolution is approved. $12,100 is currently funded in the FY 2022-23 Police Department operating budget. The remaining $2,600 will be requested during the FY 2023-25 budget process.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive and file the annual Military Equipment Report per CA Assembly Bill No. 481 and Adopt the Resolution Authorizing the Continuation of Ordinance #22-01 and the Purchase of Additional Unmanned Aerial Systems (Drones), a PepperBall System and Patrol Rifles in 2023; or
2. Do not adopt the Resolution and do not Receive the Report; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution No. 23- XX
2. Draft GBPD Policy #707
Attachment 1
RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA, RECEIVING THE 2022 ANNUAL MILITARY
EQUIPMENT USE REPORT, AUTHORIZING THE PURCHASE OF
ADDITIONAL UNMANNED AERIAL SYSTEMS AND PATROL RIFLES,
AND UPDATING THE POLICE DEPARTMENT’S MILITARY
EQUIPMENT USE POLICY AS REQUIRED BY AB 481
WHEREAS, Assembly Bill 481 (AB 481), codified in Government Code sections 7070 through 7075 requires a law enforcement agency to present an annual report to their governing body on the use of the equipment, any complaint(s) or concern(s) regarding the use of the equipment, results of any internal audits on the use of the equipment, and the annual costs for the approved equipment during the previous year; and WHEREAS, the Police Department conducted an internal audit of the use of military equipment during 2022 and found no policy violations and the Police Department did not receive any complaints or concerns regarding the use of the equipment; and WHEREAS, AB 481 requires a law enforcement agency to obtain approval from their governing body, prior to the agency funding, purchasing or acquiring additional military equipment and the Police Department desires to purchase four additional unmanned aerial systems, a PepperBall System and two additional patrol rifles; and WHEREAS, the unmanned arial systems and PepperBall System listed in the staff report are to be purchased utilizing funding that is already available in the approved Police Department budget and the patrol rifles will be requested during the fiscal year (FY) 2024 budget process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does hereby accept the annual military equipment use report and authorizes the Police Department to purchase additional unmanned aerial systems, a PepperBall System, request funding for FY 24 for additional patrol rifles and approve the update to the Police Department’s Military Equipment Use Policy.
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 14th day of February, 2023.
** D R A F T **
___________________________
KAREN BRIGHT, MAYOR
ATTEST:
______________________________
WENDI SIMS, CITY CLERK
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Department
Military Equipment - 1
Grover Beach Police Department
Grover Beach PD Policy Manual
Military Equipment
707.1 PURPOSE
This policy establishes guidelines for the acquisition, funding, use and reporting of "military equipment", as the term is defined in Government Code section 7070. This policy is provided to fulfill the obligations set forth in Assembly Bill No. 481. These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloging, and complaints regarding these items. 707.2 POLICY
It is the policy of the Grover Beach Police Department that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
707.3 PHILOSOPHY
The acquisition of military equipment and its deployment in our communities may impact the public's safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. 707.4 PROCEDURE
A. DEFINITIONS
1. Governing Body – The elected entity that oversees the Grover Beach Police Department
2. Military Equipment – Any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16).
B. GENERAL
1. The Department shall obtain approval of the governing body annually prior to engaging in any of the following activities:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
Policy
707
Attachment 2
Grover Beach Police Department
Grover Beach PD Policy Manual
Military Equipment
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Military Equipment - 2
b. Seeking funds for military equipment including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to general order. f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
2. In seeking the approval of the governing body, the Department shall submit a proposed military equipment use policy, or subsequent amendments, to the City Council and the public via the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
C. MILITARY EQUIPMENT USE CONSIDERATIONS
1. The military equipment acquired and authorized by the Department is:
a. Necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. Reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
2. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training, has been completed, unless exigent circumstances arise.
D. MILITARY EQUIPMENT REPORTING CONSIDERATIONS
1. The Department shall submit an annual military equipment report to the Governing Body that addresses each type of military equipment possessed by the Department.
2. The Department shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use.
3. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use. b. A summary of any complaints or concerns received concerning the military equipment.
Grover Beach Police Department
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Military Equipment
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Military Equipment - 3
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. e. The quantity possessed for each type of military equipment. f. If GBPD intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
g. Within 30 days of submitting and publicly releasing an annual military equipment report, GBPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and GBPD's funding, acquisition, or use of military equipment. This shall occur as a part of GBPD's presentation to the governing body.
E. CATALOGING OF MILITARY USE EQUIPMENT
All military use equipment kept and maintained by the Grover Beach Police Department shall be cataloged in a way which addresses each of the following requirements:
1. The manufacturers description of the equipment.
2. The capabilities of the equipment.
3. The purposes and authorized uses for which the Department proposes to use the equipment.
4. The expected lifespan of the equipment.
5. The fiscal impact of the equipment, both initially and for on-going maintenance.
6. The quantity of the equipment, whether maintained or sought.
F. COMPLIANCE
1. The Operations Commander will ensure that all Department members comply with this policy. The Operations Commander will conduct an annual audit with the assistance of the Support Services Commander. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Division and handled in accordance with Policy 1014. All instances of non-compliance will be reported to City Council via the annual military equipment report.
2. Any member of the public can register a questions or concern regarding military use equipment by contacting the Grover Beach Police Department via email at [email protected] response to the question or concern shall be completed by the Department in a timely manner.
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Military Equipment
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Military Equipment - 4
3. Any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.). Once the complaint is received, it shall be routed to the Internal Affairs Division in accordance with Policy 1014 (Personnel Complaints).
G. COORDINATION WITH OTHER JURISDICTIONS
The Grover Beach Police Department participates in the San Luis Obispo County Regional Special Weapons and Tactics (SWAT) team and works closely with other local, county, state, and federal law enforcement partners. In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Grover Beach community members. The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Grover Beach by other law enforcement partners during Grover Beach Police Department operational incidents.
H. FUNDING
The Department shall seek council approval for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
1. The Department has authority to apply for funding prior to obtaining council approval in the case of exigent circumstances. The Department shall obtain council approval as soon as practicable.
707.5 LIST OF MILITARY USE EQUIPMENT
(a) Unmanned Aerial Systems (UAS)
1. Description, quantity, capabilities, and purchase cost of current UAS (a) DJI Mavic Mini
1. Cost: $600 each
2. Quantity: 7 (+2 to be purchased in 2023)
3. Description: Miniature UAS that can record video with approximately 25 minutes of flight time
(b) DJI Dual Enterprise Advanced
1. Cost: $5,500
2. Quantity: 2 (+2 to be purchased in 2023)
3. Description: UAS that has color and infrared recording camera in addition to a detachable speaker and light. Approximately 30 minutes of flight time.
(c) DJI M30T
1. Cost: $18,464
2. Quantity: 1
Grover Beach Police Department
Grover Beach PD Policy Manual
Military Equipment
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Military Equipment - 5
3. Description: UAS that has color and infrared recording camera in addition to a detachable speaker and light. Approximately 45 minutes of flight time.
(d) Autel EVO II
1. Cost: $6,999
2. Quantity: 1
3. Description: Medium size UAS used for crime scene & accident scene 4D modeling
(e) Brinc Lemur S
1. Cost: $17,594
2. Quantity: 1
3. Description: Medium size UAS used in tactical situations with the ability for two-way communications and glass breakage
(f) PepperBall System
1. Cost: $900
2. Quantity: 1
3. Description: A non-lethal Oleoresin Capsicum (OC aka: Pepper Spray) delivery system that uses high pressure air similar to a paintball gun to deliver OC to resisting suspects from a distance
2. Authorized Use: Only assigned and trained UAS Pilots are authorized to operate GBPD UAS systems. All GBPD Pilots are certified by the FAA.
3. Expected Life Span: 3-5 years
4. Fiscal Impact: Annual maintenance and battery replacement is approximately $2500
5. Training: All GBPD UAS operators are licensed by the Federal Aviation Administration for UAS operations. Additionally, each operator must complete the GBPD training course.
(b) Armored Vehicles
1. Description, quantity, capabilities, and purchase cost (a) 2008 Lenco Bearcat
1. Cost: $180,000
2. Quantity: 1
3. Description: Armored vehicle that seats 6-8 personnel with an open floor plan that allows rescue of injured personnel or community members. The armor can stop various projectiles providing great safety to the officers and community.
2. Purpose: To be used in response to critical incidents to enhance safety of the community, officers, and to improve scene containment and assist in resolving critical incidents.
3. Authorized Use: The use of the armored vehicle is limited to GBPD staff Grover Beach Police Department
Grover Beach PD Policy Manual
Military Equipment
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Military Equipment - 6
members that have received training in the use and operation of the vehicle.
Deployments of the vehicle are to be authorized by a Commander or the Chief of Police.
4. Lifespan: Estimated at 20 years
5. Fiscal Impact: Annual Maintenance of approximately $251000
6. Training: All drivers/operators shall attend training in vehicle operations and practical driving instruction.
(c) 40mm Launchers and Rounds, Bean Bags
1. Description, quantity, capabilities, and purchase cost (a) Penn arms, 40mm single shot launcher
1. Cost: $850
2. Quantity: 6
3. Description: Single shot launcher that fires standard 40mm less lethal ammunition
(b) Penn arms, 40mm multi launcher
1. Cost: $2720
2. Quantity: 1
3. Description: Multiple shot launcher that fires standard 40mm less lethal ammunition
(c) 40mm rounds, CTS 4504
1. Cost: $1,057
2. Quantity: 120
3. Description: Foam projectile shot from a 40mm launcher (d) Bean Bag Rounds, Accusox Brand
1. Cost: $1,200
2. Quantity: 400
3. Description: Kevlar/Cotton sock type material filled with lead pellets
2. Purpose: To limit escalation of conflict where employment of lethal force is prohibited or undesirable
3. Authorized Use: Situations for which the launchers/bean bags may be used may include, but are not limited to:
(a) Self-destructive, dangerous, and/or combative behavior (b) Riot/crowd control and civil unrest
(c) Circumstances where a tactical advantage can be obtained (d) Potentially vicious animals
(e) Training exercised or approved demonstrations
4. Training: Sworn members using 40mm less lethal munitions are trained in their Grover Beach Police Department
Grover Beach PD Policy Manual
Military Equipment
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Military Equipment - 7
use by POST Certified instructors
5. Lifespan: 15 years
6. Fiscal Impact: Annual maintenance is estimated to be $100 annually (d) Rifles
1. Description, quantity, capabilities, and purchase cost (a) Colt M-4 5.56 Cal.
1. Cost: $1300
2. Quantity: 9
3. Description: Gun that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance
(b) Colt M-16 A2.223 Cal.
1. Cost: $1000
2. Quantity: 2
3. Description: Gun that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance
(c) Accuracy International.308 sniper rifle
1. Cost: $4,600
2. Quantity: 1
3. Description: Gun that are fired from shoulder level, having a long spiral grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance
2. Purpose: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun
3. Authorized Use: Use is limited to GBPD officers that are POST certified and trained in rifle use
4. Lifespan: 10-15 years
5. Fiscal Impact: Annual maintenance for the rifle is approximately $100
6. Training: Prior to using a rifle, officers must be trained by POST instructors and must pass an annual qualification.
(e) Distraction Devices
1. Description, quantity, capabilities, and purchase cost (a) Defense Tech 15 GM Low Roll
1. Cost: $50/each
2. Quantity: 6
3. Description: Distraction device that delivers a loud "bang" and flashing light
Grover Beach Police Department
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Military Equipment
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Military Equipment - 8
2. Purpose: A distraction device is commonly used when trying to distract dangerous suspects during emergency situations such as hostage calls, search warrants, and violent crimes. These devices use atmospheric over-pressure and brilliant white light to temporarily distract for a tactical advantage.
3. Authorized Use: Distraction devices are only to be used by trained operators.
Use is covered by GBPD policy. These devices are commonly used in highrisk situations commonly handled by a SWAT team.
4. Training: Prior to use, officers must attend and pass training provided by a POST certified instructor.
5. Lifespan: Until used.
6. Fiscal Impact: No annual maintenance.
(f) Tear Gas
1. Description, quantity, capabilities, and purchase cost (a) Defense Tech Riot Control Discharge Grenade, OC
1. Cost: $35/each
2. Quantity: 6
3. Description: Delivers large plumes of smoke and OC agent (b) Defense Tech Riot Control Discharge Grenade, CS Smoke
1. Cost: $25/each
2. Quantity: 4
3. Description: Delivers large plumes of smoke and CS agent (c) Defense Tech Triple Chaser Riot Control Discharge Grenade, CS
1. Cost: $44/each
2. Quantity: 2
3. Description: Delivers large plumes of CS agent
2. Purpose: To limit the escalation of conflict where employment of lethal force of prohibited or undesirable.
3. Authorized Use: Only officers trained in the use of chemical agents by a POST certified trainer are authorized to deploy chemical agents.
4. Training: Sworn members using chemical agents are to attend a POST certified training prior to use.
5. Lifespan: 5 years from manufacturing dat
6. Fiscal Impact: No annual maintenance.
(g) Mobile Command Vehicles
1. Description, quantity, capabilities, and purchase cost (a) 1994 Chevrolet Command Vehicle
1. Cost: Donated, no cost
Grover Beach Police Department
Grover Beach PD Policy Manual
Military Equipment
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Military Equipment - 9
2. Quantity: 1
(b) 2021 LDV Command Vehicle (To be acquired in 2022)
1. Cost: $372,000
2. Quantity: 1
2. Purpose: To be used as a mobile command post for large incidents, crime scenes, community events, emergencies, and tactical situations
3. Authorized Use: Only officers trained the operation of the mobile command vehicle may drive/operate the vehicle.
4. Lifespan:
(a) 1994 Chevrolet: 1 year
(b) 2021 LDV MCV: 20 years
5. Fiscal Impact: Annual Maintenance of $12000
6. Training: Drivers/Operators of the MCV shall have approved GBPD training and appropriate State of California drivers license.
(h) Military Surplus Generator
1. Description, quantity, capabilities, and purchase cost (a) 2010 IPTHR Utility Trailer with Generator
1. Cost: No cost
2. Quantity: 1
3. Description: Portable generator used to create electric power
2. Purpose: To be used during situations requiring electric power.
3. Authorized Use: Users are limited to those that have been provided department training on the use and setup of the equipment.
4. Training: Training on the use and operation is provided by staff of the GBPD who are trained in the operation of the equipment.
5. Lifespan: 10 years
6. Fiscal Impact: None
(i) Military Surplus Mobile Kitchen
1. Description, quantity, capabilities and purchase cost i. Unknown year Utility Trailer with Mobile Kitchen
1. Cost: No Cost
2. Quantity: 1
3. Description: Mobile kitchen and food preparation when needed in certain emergency situations.
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Grover Beach PD Policy Manual
Military Equipment
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Military Equipment - 10
b. Purpose: To be used during situations requiring food preparation on a large scale. c. Authorized Use: Users are limited to those that have been provided department training on the use and setup of the equipment.
d. Lifespan: 10 years
e. Fiscal Impact: None
10. Riot Helmets
a. Description, quantity, capabilities and purchase cost i. Protech Helmets
1. Cost: $575 each
2. Quantity: 25
3. Description: Black strap closure helmets with ballistic protection b. Purpose: To be used during situations requiring proper head protection against objects or gunfire.
c. Authorized Use: Users are limited to those that have been provided department training on the use and setup of the equipment.
d. Lifespan: 10 years
e. Fiscal Impact: None
11. Riot Shields
a. Description, quantity, capabilities and purchase cost i. Plastic Shields
1. Cost: $275 each
2. Quantity: 8
3. Description: black shield with arm and shoulder mounting straps b. Purpose: To be used during situations requiring protection of officers from objects. c. Authorized Use: Users are limited to those that have been provided department training on the use and setup of the equipment.
d. Lifespan: 10 years
e Fiscal Impact: None
Grover Beach Police Department
Grover Beach PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/04/20, All Rights Reserved.
Published with permission by Grover Beach Police
Department
Military Equipment - 11
12. Riot Batons
a. Description, quantity, capabilities and purchase cost i. Batons
1. Cost: $25 each
2. Quantity: 8
3. Description: Black riot baton
b. Purpose: To be used during situations requiring protection of officers from hostile crowds. c. Authorized Use: Users are limited to those that have been provided department training on the use and setup of the equipment.
d. Lifespan: 10 years
e. Fiscal Impact: None
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: February 14, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Authorize Clean California Maintenance Agreement with Caltrans
RECOMMENDATION
Approve Clean California Maintenance Agreement with Caltrans for debris and litter removal along Highway 1 and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
The City of Grover Beach is bounded to the west by Highway 1, which is owned and maintained by Caltrans. All maintenance, including litter and debris removal, of Highway 1 is currently the responsibility of Caltrans. Due to funding constraints and staff shortages, Caltrans has developed programs to partner with local jurisdictions to improve level of service within the Caltrans Rightof-Way as it relates to litter and debris removal. The Clean California Maintenance program authorizes local jurisdictions to self-perform or contract litter and debris removal work within Caltrans Right-of-Way. Participation in this program ensures reimbursement, up to a contract amount, for the local jurisdiction for all activities associated with litter and debris removal within Caltrans Right-of-Way. This ensures an improved level of service for litter and debris removal within Caltrans Right-of-Way, which positively benefits quality of life for local residents, while not creating a cost to achieve this improvement for local jurisdictions.
City staff is routinely contacted by concerned residents reporting debris or litter within Caltrans Right-of-Way along Highway 1. Traditionally, City staff have forwarded these complaints to Caltrans to address as resources permit. Caltrans is seeking to improve response times to requests and partner with the City to establish a routine debris and litter removal program within its Right-of-Way along Highway 1. City staff proposes to do this by contracting with two firms to perform routine litter and debris removal along Highway 1 once a month. Additionally, City staff has confirmed that any staff time used to manage the contracted litter and debris removal companies will be reimbursable under the agreement (Attachment 1). City staff and Caltrans have agreed that a contract amount of $50,000 will provide enough funding to establish a routine litter and debris removal program for the contract term. There are opportunities to request additional funding if the scope of the litter and debris removal work exceeds the currently expected amount.
The agreement term would be from date of approval by both the City of Grover Beach and Caltrans until June 30, 2024. During part of that time, Caltrans will be in active construction of a highway resurfacing project on Highway 1 from Oceano to Pismo Beach, which will include the portion of Highway 1 covered by this agreement. During that project, the City and its contractors will not be responsible for litter and debris removal along Highway 1.
Staff Report: Authorize Clean California Maintenance Agreement with Caltrans Page 2 February 14, 2023
FISCAL IMPACT
There is no net cost to the City associated with this action as all contracted trash removal work and staff time for program management would be reimbursed by Caltrans. All City costs incurred up to $50,000 will be reimbursed by Caltrans.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize the Mayor to execute the Clean California Maintenance Agreement contract on behalf of the City; or
2. Provide staff with additional direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Clean California Maintenance Agreement
2. Exhibit of Portion of Highway 1 Covered by Agreement Tracking No CCMA 05-23-MB01
September 30, 2022
CLEAN CALIFORNIA MAINTENANCE AGREEMENT
WITH THE CITY OF GROVER BEACH
This CLEAN CALIFORNIA MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the City of Grover Beach (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES”.
RECITALS
1. This AGREEMENT will identify the specific maintenance functions STATE requests LOCAL AGENCY to perform in the STATE right of way situated within LOCAL AGENCY’S jurisdictional limits as authorized in Streets and Highways Code Section 130.
2. Pursuant to the “Clean California Beautification Program of 2021,” the PARTIES desire to identify specific mission-critical maintenance services LOCAL AGENCY will perform on and around STATE right of way situated within LOCAL AGENCY’s jurisdictional limits.
OPERATIVE PROVISIONS
1. Maintenance Services. LOCAL AGENCY shall perform litter and debris removal and associated traffic control, at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A.
LOCAL AGENCY shall sweep, remove and discard litter and debris, including, but not limited to: furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage.
2. Maintenance Standards. LOCAL AGENCY shall perform all maintenance services in compliance with the provisions of Streets and Highways Code section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.
3. Prior Maintenance Agreements. The PARTIES agree that this AGREEMENT does not supersede the PARTIES’ existing Delegated Maintenance Agreement or other maintenance agreements, if any.
Attachment 1
Tracking No CCMA 05-23-MB01
September 30, 2022
4. Maintenance Areas. LOCAL AGENCY shall perform maintenance services in the STATE Right of Way locations and areas described in Exhibit A and listed in Exhibit B.
5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibits A and B that shall be attached to this AGREEMENT and will supersede the original Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 5 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.
6. Party Representatives and Notices.
LOCAL AGENCY’s Project Manager is: Gregory Ray
STATE’s DMAC is Michael Britton
All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:
LOCAL AGENCY
Attn: Name of Project Manager: Gregory Ray
Address: 154 South 8th Street
City, Zip: Grover Beach, CA 93433
STATE
Attn: Ashley Johnson, Resource Manager <[email protected]> Address: 50 Higuera Street
San Luis Obispo, CA 93401
7. Excluded Maintenance Activities.
7.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within STATE Right of Way. LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s “Interim Guidance on Tracking No CCMA 05-23-MB01
September 30, 2022
Encampments, Prioritizing and Addressing Encampments on Caltransowned Property,” dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance).
7.2 Abandoned Encampments. If LOCAL AGENCY encounters abandoned homeless encampments at or within STATE Right of Way, LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s Interim Guidance, including but not limited to coordination with STATE and the local California Highway Patrol.
7.3 Hazardous Material Clean up. LOCAL AGENCY shall not engage in any hazardous material clean-up activities. If LOCAL AGENCY encounters any hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE’s District Hazardous Material manager for appropriate action.
7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed abatement, remove overgrown brush, trees, grass and limbs or conduct any spraying, grading, mowing or discing for any maintenance services within STATE Right of Way.
8. Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section
96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 5 Transportation Art Coordinator (<[email protected]>) before conducting any graffiti removal or remediation. STATE shall pay the actual cost of LOCAL AGENCY’s graffiti removal as specified in Section 11 of this AGREEMENT.
9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 5 Area Maintenance Superintendent, Cindy Knoeck, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. His email and phone number are:
<[email protected]> or (805) 922-1987. LOCAL AGENCY shall provide the RESOURCE MANAGER identified in this AGREEMENT with a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum biweekly basis. Maintenance services shall be performed between the hours of 6:00 am and 6:00 pm and may be performed on weekends and Tracking No CCMA 05-23-MB01
September 30, 2022
holidays if necessary. LOCAL AGENCY must request prior written approval from STATE’s District Maintenance Superintendent prior to performing any maintenance services before 6:00 am or after 6:00 pm
10.Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts appropriated to State pursuant to the Clean California Beautification Program of 2021 have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.
11.Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures listed in Exhibit B.
11.1 Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibits A and B may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such
adjustments must be authorized in writing by the District Director or his/her authorized representative.
11.2 Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibits A and B. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.
12.Billing, Payment and Reporting.
12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s RESOURCE MANAGER each month beginning after the first month LOCAL AGENCY has performed maintenance services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for Tracking No CCMA 05-23-MB01
September 30, 2022
reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th.
12.2 Billing Submission Format. Each billing invoice shall include all of the following:
(a)STATE’s Clean California Program Code: CLEANCADMA;
(b)AGREEMENT number: CCMA 05-22-ST02 ;
(c)Date(s) of services;
(d)Location of services;
(e)Number of hours and hourly rates;
(f) Receipts for trash disposal;
(g)Receipts for equipment, materials and supplies; and
(h) LOCAL AGENCY’s maintenance services report that includes the information required under section 15 of this AGREEMENT.
STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A and B.
13.Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.
14.Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 5 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT.
STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and sub-contractors must apply for and be issued separate encroachment permits before they may enter STATE right of way to perform any maintenance or work under this AGREEMENT.
Tracking No CCMA 05-23-MB01
September 30, 2022
15.Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report to record and report the quantity and description of litter and debris removed and maintenance services performed at each clean-up site and location set forth in Exhibits A and B. This Performance Report shall include dated and executed documents demonstrating the weight and/or amount of litter and debris removed, including disposal receipts from authorized disposal sites and/or landfills. The RESOURCE MANAGER may also request that LOCAL AGENCY provide photographs of the sites taken before and after LOCAL AGENCY’s maintenance services are performed.
16. Legal Disposal of Litter Collected. LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.
17. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines. LOCAL AGENCY shall notify the STATE’s District 5 Area Maintenance Superintendent no later than Tuesday of the prior week when traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services and must receive prior approval for any such lane and/or shoulder closures.
18. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibits A and B.
Tracking No CCMA 05-23-MB01
September 30, 2022
19. Legal Relations and Responsibilities.
19.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.
19.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in
connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.
Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement.
19.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the STATE’s Area Maintenance Superintendent within twenty-four (24) hours when any such incident has occurred.
Tracking No CCMA 05-23-MB01
September 30, 2022
20.Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.
21.Insurance.
Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit C and identify the AGREEMENT number, and location as depicted in Exhibits A and B. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit C.
Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.
22. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act, the allocation of funding by the Clean California State Beautification Program of 2021 as appropriate, and the encumbrance of funding to STATE’s District Office.
23. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT for convenience or for cause upon thirty (30) days’ prior written notice to LOCAL Tracking No CCMA 05-23-MB01
September 30, 2022
AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) days’ prior written notice to STATE.
24. Term of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT and shall expire on June 30, 2024, unless terminated or amended.
25.Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.
26.Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
27.Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.
Tracking No CCMA 05-23-MB01
September 30, 2022
THE LOCAL AGENCY OF
City of Grover
Beach
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated:
Mayor
INITIATED AND APPROVED:
Dated: Dated:
City Manager Deputy District Director
Maintenance District 5
Dated:
City Clerk
APPROVED AS TO FORM
Dated:
City Attorney
Tracking No CCMA 05-23-MB01
September 30, 2022
EXHIBIT A
Route
No.
Length
Miles
Description of Routing Program Code
1 1.03 PM 13.59 to 14.62
From ½ mile south of Grand Ave to the
northerly end of the Monarch Butterfly Grove
CLEANCADMA
Tracking No CCMA 05-23-MB01
September 30, 2022
EXHIBIT B
BREAKDOWN & LISTING OF MAINTENANCE TASKS
Rte
No.
Post
Miles
Litter
per
Bag
(CY)
Large
Items
Graffiti Traffic
Control
Other
(CY)
Maximum Authorized
Expenditures
1 13.59
to
14.62 X X X X X Actual Cost
TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $50,000
Tracking No CCMA 05-23-MB01
September 30, 2022
EXHIBIT C
LETTER CERTIFYING CITY’S SELF-INSURED STATUS
(FOLLOWS ON NEXT PAGE)
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Alma Miller
Cow1cil Member Robert Robert, Cow1cil Member Daniel Rushing, Cow1cil Member Vacant Matthew Bronson
City Manager
December 19, 2022
Caltrans - District 5
ATTN: Michael Britton
Re: Statement of Self-Insurance for CITY of Grover Beach for Clean California Maintenance Agreement No. CCMA 05-22-ST02 with California Department of Transportation for the Litter and Debris Removal along SR 1 within the Grover Beach City Limits
Dear Michael:
This letter certifies that the CITY of Grover Beach is self-insured and self-funded covering third-party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is selfinsured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, meets the required coverage amounts in section 21 (Insurance) of the Clean California Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
If you need any additional information regarding this letter, please direct those inquiries through my office.
c rely, 'J ,, ~
ministrative sb r~~es Director
154 South Eighth Street ❖ Grover Beach, California 93433 ❖ www.groverbeach.org AdministTative Services/Water (805) 473-4550 ❖ City Council/City Manager (805) 473-4567 ❖ City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 ❖ Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 ❖ Police/Non-Emergency (805) 473-4511 ❖ Public Works (805) 473-4530 X:\Projects\CIP Projects
Clean California Maintenance Area
on Highway 1– Shown in Red
Attachment 2
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: February 14, 2023 FROM: Matthew Bronson City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: West Grand Avenue Streetscape 4th-8th Street Project (CIP 2287):
Design Amendment
RECOMMENDATION
Authorize the City Manager to approve change orders to the contract with BFK Engineers for design services for the West Grand Avenue Streetscape project up to $90,000.
BACKGROUND
The City has placed emphasis on improving the West Grand Avenue corridor. The most recent West Grand Avenue Enhancement projects included work from Highway 1 west to the City limits, 2nd to 4th Street and 8th to 11th Street. These improvements to the Downtown Core included landscaped medians, street trees, corner ramps and streetlights consistent with the West Grand Avenue Master Plan.
On October 12, 2021, the City Council reaffirmed the direction to proceed with the West Grand Avenue Streetscape Project (CIP 2287) in fiscal year 2022-23, given the significant redevelopment opportunities along this section of West Grand Avenue. This project will also complete the streetscape in the Downtown Corridor.
On June 27, 2022, Council entered into an agreement with BKF Engineers for Design Services for $236,284 and authorized the City Manager to approve change orders up to $40,000. In August, the City was awarded a $1.5M Community Betterments Grant from the San Luis Obispo Council of Governments (SLOCOG) in recognition of the development opportunities related to this project particularly with housing. This grant helped provide funding for the project and allowed for expanding the scope to include the design and construction of storm drains and evaluation of other elements on this section of West Grand Avenue. Due to the revised design elements to be considered, the cost of design services will exceed the City Manager’s previously approved authority for change order approvals. Staff is recommending the Council authorize the City Manager to approve change orders up to $90,000 (an additional $50,000 from the previously approved authority) for the project due to the expanded design scope.
FISCAL IMPACT
Council previously authorized a design cost of $236,284 with authorization to approve change orders up to $40,000 for a total contract cost not to exceed $276,284. Staff is recommending the Council authorize the City Manager to approve change orders up to $90,000 for a total cost not Staff Report: West Grand Avenue Streetscape (CIP 2287) Page 2 February 14, 2023
to exceed $326,284. Funding for this design work is budgeted in the current (fiscal year 2023- 2024) Capital Improvement Plan (CIP) from the General Fund.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize the City Manager to approve change orders to the contract with BFK Engineers for design services for the West Grand Avenue Streetscape project up to $90,000; or
2. Provide staff with additional direction
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Agreement with BKF Engineers.
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860
AGREEMENT
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES WEST GRAND AVENUE STREETSCAPE PROJECT, 4TH STREET- grH STREET, CIP 2287 THIS AGREEMENT is made and entered into effective the 29th day of June, 20.ll., by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and BKF ENGINEERS (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional construction design services for the West Grand Avenue Streetscape Project, 4th Street to 8th Street, CIP 2287 more specifically identified in the Proposal, Scope of Work and Fee Schedule, jointly attached as "Exhibit A" to this Agreement, herein referred to as the PROJECT; and
WHEREAS, CONSULTANT is engaged in the business of Design Engineering and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid by the City of Grover Beach; and WHEREAS, this Agreement will be administered for CITY by the Director of Public Works, hereinafter referred to as DIRECTOR or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows :
ARTICLE I. SCOPE OF SERVICES
CONSULTANT shall complete said PROJECT described herein and more fully described in Exhibit A, and in accordance with local, State and Federal laws. This shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.
ARTICLE II. COMPENSATION AND PAYMENT
A. CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be performed on a not to exceed basis of $236,284.
B. CONSULTANT shall invoice CITY on a monthly basis, via detailed statement, which will be processed and payable in the normal course of CITY business, typically within 30 days of receipt of an invoice unless otherwise identified in this Agreement.
C. The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONSULTANT'S compensation. Any change in the scope of services must be made by written Contract Amendment to the Agreement signed by an authorized representative for each West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 ,---
DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written Contract Amendment.
D. At any time prior to issuance of final payment, the CITY may conduct a cost audit of CONSULTANT'S invoices/statements. Any payment may be reduced by amounts found by CITY not to constitute allowable costs and/or adjusted for prior overpayments or underpayments. Upon CONSULTANT'S compliance with all terms of this Agreement, City shall promptly pay any balance of allowable costs.
ARTICLE Ill. TERMINATION, REMEDIES, FORCE MAJEURE AND CONSOLIDATION OF DISPUTES A. This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of:
(i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) Seven (7) calendar days written notice, with or without cause, by either the CITY or CONSULTANT;
(iii) Expiration of this Agreement.
B. Upon any termination or expiration of this Agreement, CONSULTANT shall (i) Immediately stop all work hereunder;
(ii) Immediately cause any and all of its subcontractors to cease work; and (iii) Return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
C. In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY'S damages caused by such failure. In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach.
D. Upon any breach of this Agreement by CONSULTANT, CITY may:
(i) Exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) Proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) Recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
E. CONSULTANT shall provide CITY with adequate written assurances of future performance, upon the request of the Director or his/her designee, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement.
F. CONSULTANT shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify the West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 Director or his/her designee in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Director or his/her designee of the cessation of such occurrence.
G. CONSULTANT agrees that, notwithstanding any contrary provision in this Agreement, any dispute arising from or relating to this Agreement (including, without limitation, disputes based on contract, tort, equity or statute) may, at CITY'S option, be joined and consolidated with any other dispute or disputes arising from or relating to the PROJECT so that all disputes arising from or relating to the PROJECT may be resolved in a single proceeding. CONSULTANT hereby specifically waives any objection it may otherwise have to such joinder and consolidation and specifically consents to mediation, arbitration or any other dispute resolution mechanism, forum or proceeding necessary to effectuate the joinder and consolidation contemplated by this provision.
ARTICLE IV. CONFIDENTIAL INFORMATION, OWNERSHIP OF DOCUMENTS AND COPYRIGHT LICENSE A. Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of CITY. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, designs, drawings, specifications, materials, compilations, documents, instruments, models, source or object codes and other information developed pursuant to this Agreement, disclosed or submitted, orally, in writing, or by any other medium or media, (otherwise referred to as "work"). All Confidential Information shall be and remain confidential and proprietary in CITY.
B. CONSULTANT shall not reproduce (such as photographs and prints), duplicate, distribute reproductions, or incorporate into any trademark or service mark, the work without the prior written consent of CITY.
Any rights of the CONSULTANT in the work terminate upon the death of such CONSULTANT and do not extend to such CONSULTANT'S heirs, successors or assigns.
C. Title to the work shall pass to CITY upon final acceptance by CITY. CITY reserves the right to donate, transfer or sell the work or any portion thereof. CITY shall have the exclusive right to publicly display the work and shall have a license to reproduce (such as photographs and prints) or create three-dimensional reproductions of the work for any noncommercial purpose (including, but not limited to, books, slides, postcards, film, Internet sites, reproductions for advertising, and other media). Prior to public display, the CITY shall consider the sensitive nature and potential security risk of releasing the information to the general public. Such reproductions shall contain if legally necessary a copyright notice. Reproductions for commercial purposes are only to be made with the mutual written consent of CONSULTANT and CITY.
All references and reproductions or adaptations of the work will credit the work to the CONSULTANT unless CONSULTANT requests to the contrary. CITY reserves the right to modify, remove and/or relocate the work at any time, and after consultation with CONSULTANT, shall have the right to determine when and if modifications, repairs and/or restorations are needed. If City makes modifications, repairs or restoration not approved by the CONSULTANT, the CONSULTANT shall have the right to sever its association with the work. CONSULTANT agrees to give CITY written notice prior to asserting any claim pertaining to the work, and CITY shall have not less than 90 days from the date of receipt of claim to cure any such claim. CITY may incorporate the work into any trademark or service mark to be utilized by City to register the same in accordance with Federal, state or local law.
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 D. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (IV).
This Article (IV) shall survive expiration or termination of this Agreement.
ARTICLE V. PROFESSIONAL SKILL
It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.
ARTICLE VI. INDEMNIFICATION AND DEFENSE
A. Indemnification and Defense for Professional Services: To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and any and all of its officers, officials, employees, agents and volunteers ("Indemnified Parties") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT'S duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT'S proportionate percentage of fault.
CONSULTANT'S percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT'S percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT'S proportionate percentage of fau lt for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
B. For All Other Liabilities: Notwithstanding the foregoing and without diminishing any rights of CITY under this Article (VI), for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents ("Indemnified Parties") from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY.
C. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.
This Article (VI) shall survive termination or expiration of this Agreement.
ARTICLE VII. INSURANCE
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 OocuSign Envelope ID: O227F14C-B5E6-4181-A86C-CCA01 C971860 A. Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either:
(i) Admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide; or (ii) As may be authorized in writing by CITY'S Administrative Services Director, or his/her successor, or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein.
B. If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this Article (VII) shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent.
C. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.
D. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor/sub-consultant to provide insurance protection, as an additional insured, to the CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except t hat any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor. CONSULTANT and any subcontractor/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers.
ARTICLE VIII. CONFLICT OF INTEREST AND NON-SOLICITATION A. Prior to CITY'S execution of this Agreement, CONSULTANT shall complete a City of Grover Beach Conflict of Interest Disclosure Statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement.
B. CONSULTANT shall comply, and require its subcontractors to comply, with all applicable West Grand Street Scape, 4th Street - 8th Street, Cl P 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 (i) Professional canons and requirements governing avoidance of impermissible client conflicts; and
(ii) Federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.), and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.).
At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations . CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing.
C. In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved.
D. CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
E. Neither CONSULTANT, nor any of CONSULTANT'S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing.
F. If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Article in each subcontract and require its subcontractors to comply therewith .
This Article (VIII) shall survive termination or expiration of this Agreement.
ARTICLE IX. GENERAL TERMS
A. Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Director or his/her designee.
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 B. Records of CONSULTANT'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records sha ll be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Article lO(B) shall survive expiration or termination of this Agreement.
C. Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). CONSULTANT and any subcontractors shall agree to obtain any local licensing or certifications necessary to perform services within the City, including but not limited to City Business Tax Certificates. If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.
ARTICLE X. NONDISCRIMINATION
To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows:
A. CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
B. CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, gender identification, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
C. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
D. CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
E. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (X).
ARTICLE XI. INDEPENDENT CONTRACTOR
A. In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venture, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof.
B. This Agreement is not evidence of a partnership or joint venture between CONSULTANT and CITY.
CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shal l be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation:
(i) Compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and
(ii) Any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.
West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 ARTICLE XII. NOTICES
All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
A. CITY: City of Grover Beach, Greg Ray, Public Works Director, 154 South Eighth Street, Grover Beach, CA 93433
8. CONSULTANT: BKF Engineers, Jason Mansfield, PE -Associate, 285 South Street, Suite A, San Luis Obsipo, CA 93401
ARTICLE XIII. BINDING
Subject to Article XII, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.
ARTICLE XIV. ASSIGNMENT
A. This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the Grover Beach City Council. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved by the Grover Beach City Council.
B. CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.
ARTICLE XV. COMPLIANCE THE LAW
In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.
ARTICLE XVI. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
ARTICLE XVII. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California.
ARTICLE XVIII. HEADINGS
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.
West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 ARTICLE XIX. SEVERABILITY
The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.
ARTICLE XX. INTERPRETATION
The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.
ARTICLE XXI. ATTORNEY'S FEES
If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
ARTICLE XXII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement
ARTICLE XXIII. PRECEDENCE OF DOCUMENTS
In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed' within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.
ARTICLE XXIV. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
ARTICLE XXV. NO THIRD-PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.
ARTICLE XXVI. EXTENT OF AGREEMENT
Each party acknowledges that they have read and fully understand the contents of this Agreement and any documents issued that resulted in selection of CONSULTANT for entry into this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations or agreement s, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.
West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID D227F14C-B5E6-4181-A86C-OCA01C971860
AGREEMENT SIGNATURES
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL CONSULTANT SERVICES
WEST GRAND AVENUE STREETSCAPE PROJECT, 4TH STREET- grH STREET, CIP 2287 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first written above.
Attest:
Wendi Sims, City Clerk
David P. Hale, City Attorney
BKF Engineers
Brian Scott, PE
Principal/Vice President
Datk 7
Date
7/11/2022
Date
6/29/2022
Date
Attachments:
1. 2.
Exhibit A - Scope of Services and Fee Schedule
Exhibit B - Insurance Requirements
3. Exhibit C - Disclosure of Conflict of Interest
rev 1-2019
DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860
EXHIBIT A
PROFESSIONAL CONSULTANT SERVICES
CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 April 20, 2022 (rev. 5/23/22)
PROJECT TEAM AND RELEVANT EXPERIENCE
We recognize this opportunity comes to BKF based on our prequal ification from the on-call process and our statement of qualifications. We would like to highlight experience that specifically relates to this project and supports the particular team we assembled.
Our team includes:
Firma Consultants - Firma is a local design and planning firm that is also on the City's on-call list. Firma was chosen to be a part of the BKF team because of their downtown streetscape experience such as Garden Street in downtown San Luis Obispo, downtown renovations such as the Ag rarian Hotel in Arroyo Grande, and history with Grover Beach including the Dune Boardwalk Restoration, Grover Beach Lodge, Mentone Park landscape improvements, and the design of the City of Grover Beach gateway/entrance signage.
Earth Systems Pacific - Earth Systems Pacific has worked on numerous projects with BKF. With this longstanding relationship, and as a preferred local consultant for many, Earth Systems was an easy choice. We know they will work with us to provide the necessary geotechnical information, with the basis of local knowledge.
Bess Test Labs - Bess Test Labs has worked on numerous projects with BKF. We appreciate their ability to work on challenging projects in highly trafficked areas. They are able to make decisions in the field to be able to provide us with the information needed. This flexibi lity is va luable especial ly when traffic lanes are closed and there is limited time for this field exploration.
Aerotech Mapping - Aerotech Mapping is our aerial company for this project.
BKF Engineers' experience with downtown, urban, streetscape design: With much of our experience in the San Francisco Bay Area, most of our projects are in a downtown or urban setting. Streetscape designs often include the same elements that will be part of the West Grand Avenue project. See attached fo r a few project highlights for:
East Side Connect - Included bulb-outs, revitalizing an old street with new street furniture, decorative street lights, decorative pavement (stamped thermoplastic on asphalt), and pavement maintenance. We identified areas with older overlays that could be ground down and resurfaced to improve roadway cross slopes.
Microsurfacing was used to limit the cost and still provide a very durable pavement surface.
Bay Meadows Development - Included bulb-outs, decorative pavement (stamped colored concrete), decorative street lighting, and street furniture. While this created a new neighborhood, there were also interfaces with adjacent neighborhoods and improvements to high trafficked roadways. Adding decorative concrete through a very busy intersection required multiple stages and temporary plating.
Laurel Street Improvements - Included bulb-outs, decorative pavement (pavers on concrete), decorative street lighting, and street furniture. While this is an older project, it is the quintessential catalyst project as it transformed a non-descript quiet downtown into a bustling jewel of a downtown.
PROJECT UNDERSTANDING
The project limits are within and immediately adjacent to the City right of way on West Grand Avenue between 4th and 8th Street. The project limits include the intersection of 4th and Grand but does not include the intersection of 8th and Grand. See attached Concept Plan for project limits and anticipated elements.
The Concept Plan is extracted from the West Grand Avenue Master Plan. The intent is to be consistent with
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BKF ENGINEERS ;...-
DocuSign Envelope ID: D227F1 4C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/23/22)
the design elements from 8th - 11 th and 2nd - 4th, however the City does not want to construct the dyed/colored concrete that is on 8th -11 th. Lithocrete (which exists on 2nd - 4th) at the intersections would be the City's preferred option, however this cou ld be cost prohibitive. The City is looking for engineer's recommendations for a material that will hold up well.
PROJECT SCOPE:
• The intent of the design is to closely match the design from 2nd -4th and 8th -11 th. • The project includes pavement rehabilitation.
• Generally, the improvements involve the pavement surface and structure, center medians, landscape, irrigation, decorative street lighting, street trees and site furn ishings such as benches or trash receptacles.
• The traffic light pole on the Northeast corner of 4th and Grand was hit by a vehicle and it has been leaning for qu ite some time. The City would like to include an evaluation of this pole and determine if it needs to be replaced.
• Timing will be critical for this project. The City would like to have project documents ready to bid the project in November.
• General ly consistent with the West Grand Avenue Master Plan.
PROJECT APPROACH
Consistent with industry standard approach to del iver the work plan tasks listed below and our quality assurance and quality control practices, a few technical examples demonstrate BKF's approach to meeting the City's goals of:
Beautification of the corridor
Improving safety
Increasing accessibility
Maintaining pavement life
BULB-OUT GRADING
Grad ing of bulb-outs have many critical nuances:
Maintaining drainage: extending the sidewalk slope which is adverse to the roadway cross slope usually makes drainage along the gutter flowline impossible. Add ing curb inlets or drainage through the bulb-out in a trench drain are often pri cey and undesirable solutions. Choosing which corners and which streets receive the bulb-outs to locate them at high points avoids this compromise.
Curb ramp slopes: depend ing on roadway cross slopes, cu rb ramps may actually slope back toward the sidewalk, or be too flat to convey surface runoff. Accurately identifying conforms in the street and at the back of walk can better identify cond itions that may need creative solutions.
East Side Connect (Old County Road, San Carlos)
Bulb-out with nominal ramp slope and adjacent planter
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BKF ENGINEERS .GIi
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/ 23/ 22)
CURB RAMP GRADING
Using the detailed topographic survey as a base, we will advance the design of the curb ramps, including spot grades and slopes. This will better identify dimensions which helps provide a better bid and reduces risk for change orders. It will also confirm drainage and accessibility.
Generalized:
A£"'1""'4Ct.Mo.mtR
--·4 ;1,1.,toi;f,CC¢1
°""9 ~\JMT ,PI
O'rlEPIIIP l'DIIMIRAMONTE AVENUE
DECORATIVE CONCRETE PAVEMENT
Detailed (example from another project):
UTAH AVENUE
.. ...., ~· l
m CURB RAMP DETAIL - SW CORNER
"""""'
([ )ltlO,H "' ([)\. U :t
We understand the priorities for the decorative pavement at the intersections include:
Don't show tire marks
Does not fade
No obvious cracking
Affordable
Ability for patch repairs
The Lithocrete treatment meets the performance criteria, however it may not be an affordable option.
Also, because of the proprietary nature, patching repairs or trenching may be chal lenging. In fact, we attempted to contact the "owners" of Lithocrete twice during the preparation of this proposal and did not receive any response. We would expect a single consistent aggregate and mix would be much less expensive than the creative "wave" design further west of the current project. However, the lack of responsiveness is still concerning. Further research of options may be required to achieve similar performance.
Based on information from the Lithocrete website, and the Caltrans Concrete Technology Manual, it is likely the admixture providing the resistance to the alkali-aggregate reaction is also providing the abrasion resistance and does not show tire marks. This may be a lithium mixture, a sil ica fume, rice hull ash, or a combination. Discussing these potential admixtures and experiences with local concrete suppliers may provide good options that would also allow for the ability to patch repairs and trench ing.
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/ 23/22)
A strength of BKF Engineers' approach is flexibility. The following tasks are anticipated as part of delivering a successful project for the City of Grover Beach. We recognize that during project development, slight changes to priorities or tasks are needed. We will continually evaluate and communicate needed changes to the tasks. The following tasks provide a basis for setting expectations for fees and schedule. We are happy to discuss changes to these tasks, particularly considering optional additional services. We have also included an exhibit showing the project limits and general summary of the project scope. Changes to these assumptions may also affect fees and schedule, which we anticipate discussing to ensure the City's objectives are met within the funding and schedule constraints.
A. PROJECT MANAGEMENT AND COORDINATION
B.
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Record keeping and file management.
Project accounting and monitoring the budget.
Meet with City staff to review and refine the work program and schedule,identify critical milestones, and determine appropriate paths of communication prior to beginning work.
Prepare a baseline schedule. An updated schedule will be prepared as needed .
Conduct periodic project meeting (virtual and/or in-person coordinationmeetings) with the City to discuss progress. Meeting agenda and minutes will be prepared, as needed.
Quality assurance and quality control will be managed throughout the project.
PRELIMINARY INVESTIGATION
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Meet with City staff to review project requirements, existing information needed, and any utility improvement plans.
Prepare a topographic survey. The topographic survey will serve as the basemap for design and will start with an aerial survey to provide overall context.
Conventional field work wi ll supplement the aerial to provide detailed ground elevations for conforms at intersection corners and one large driveway replacement.
Surface utilities, trees, tree wells, and other roadway elements will be captured and field checked with aerial topography. Storm drain inlet inverts will be captured during the field check.
A record boundary based on recorded maps will be drafted as part of the basemap.
The basemap will be drawn at 1 "=20' scale. Vertical datum wil l be NAVD88 or City Datum, if available. Horizontal control will be NAD83 or local control.
Utilities will be drafted in based on as-built and record information provided by the utility companies, along with any historic USA markings and surface features captured during the topographic survey and site walk.
Pothole locations with GPS and ties to aerial topography will allow for this existing utility information to be located on the basemap.
Visit project site and investigate existing site conditions to identify opportunities,
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DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 •
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April 20, 2022 (rev. 5/23/22)
constraints, verify the presence of existing utilities and other conditions, and confirm items shown on topographic survey.
Review and research data/reference material pertinent to the project, including, but not limited to, record drawings, right-of-way documents, City Pavement Management Report, Standard Provisions, Standard Details, Design Criteria, and codes, ordinances, and policies pertaining tothe proposed project design.
Geotechnical exploration will include drill ing in ten locations to a maximum depth of 5 feet, measure asphalt and base sections at each location, identify subgrade material, and take subgrade samples in 4 locations for R-value testing. Traffic control in the form of lane closures will also be provided. It is expected that the subgrade soils in Grover Beach are fairly consistent. Therefore, two of the four subgrade samples will be tested for R-values. Laboratory data will then be analyzed, and a report will be prepared with pavement and minor grading recommendations.
A site walk will be performed to identify dig-outs due to likely base failures, and other observations for overall pavement maintenance.
C. UTILITY COORDINATION
Detailed coordination, research, and presentation on the construction documents of all utilities (including City-owned water, wastewater, electrical street lights, and traffic control signals) with all utility companies (above and below ground), including:
• Potholing as necessary (assume budget for 10 potholes). Pothole exhibits wil l be provided to the potholing contractor to provide clear direction. • Field investigation of each valve box to measure the distance from street grade to the top of the operating nut, and then computing an estimate for the crown of the pipe below existing street grade (recently the City has discovered AC pipe at shallow depths, i.e., depths significantly less than 36-inches).
• Utility relocation coordination conducted in advance of the construction to accommodate the construction.
• Full and complete coordination with utility companies to have them relocate their utilities that are interfering with the featu res of the design before construction bids are opened.
Coordination would also new meter(s) for the proposed irrigation point(s) of connection.
D. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS
• Through an engineer's alternatives analysis, prepare concept design plans to establish basis of design. This will identify roadway improvements including pavement structural design, limits and type of improvements, quantity of street furniture, and street lighting.
The concept design plan will be used to estimate construction cost within the project budget.
• Prepare design development/construction documents that shall include:
Title Sheet, Legend, and Abbreviation
Civil Notes and Construction Details
DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 April 20, 2022 (rev. 5/23/22)
Demolition Plans
Street Improvement Plans
Curb Ramp Detail Plans
Signing & Striping Plans
Street Lighting Plans
Planting Plans
Irrigation Plans
Landscape Detail Plans
Landscape Documentation in compl iance with Title 23 Chapter 2.7 Erosion and Sediment Control Plans and Details
Engineer's Opinion of Probable Construction Cost, including strategies for base bid and bid alternatives, if necessary
Project Technical Specifications
Documentation of design exceptions
Documentation of post construction stormwater mitigation measures Miscellaneous administrative support of City staff (e.g. production of exhibits to support Council agenda items)
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Submit PDF versions of the PS&E at 50% and 100% design stages .
Meet with City staff to review comments on the submittals, as needed. Revise plans, specifications, and cost estimates as necessary to reflect stakeholders' and City comments and directions, with responses to comments.
Design exceptions shall be submitted to the City by the Engineer for curb ramps that cannot accommodate ADA req uirements,
Water and/or sewer utility improvements as provided to the Engineer (these improvements will be developed by the Public Works Department and made available to the Engineer after award of this work),
Implementation of the City's Post Construction process into the design evaluation, including submittal of the Post Construction supporting documentation to the City for their compliance with Regional Board requirements.
Implementation into the design any Post Construction stormwater mitigation measures to comply with City and/or Regional Board requ irements.
Techn ical specifications that incorporate the City Standards and the 2010 Ca ltrans Standard Specifications and that are incorporated into the City's standard front-end construction document (front-end documents will be provided to the Engineer in Microsoft Word format); Plans that incorporate the City Standards and the 2010 Caltrans Standards.
E. BID PHASE SERVICES
• Assist the City, as necessary, in responding to bidder's inquiries, requestsfor clarification, and addenda.
F. CONSTRUCTION PHASE SERVICES
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DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 •
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April 20, 2022 (rev. 5/23/22)
Attend a preconstruction meeting conducted by the City .
Review submittals and respond to Requests for Information (RFI), asnecessary, in a timely manner.
Assist the City to resolve issues during construction, as necessary .
Site visits to resolve issues du ring construction .
G. POSTCONSTRUCTION
• Prepare record drawings based on contractor markups.
H. ADDITIONAL SERVICES
We can provide additional services, if required. We can modify the base scope and fee to include these services or provide as an amendment at a later date. •
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Modified Traffic Signal Plans: We assume the replaced detector loops can be located and identified in the signing and striping plans. If more significant changes are needed such as add ing pedestrian push button posts, relocating traffic signal poles, changing signal phasing or adding bicycle detection that requ ire a modified traffic signal plan, we can provide this additional service.
Storm Water Pollution Prevention Plan: We assume a SWPPP, if needed, will be prepared by the contractor. Th is can be provided as an additional service.
Landscaped Median, Corridor, and Intersection Improvements: Prepare color rendered concept plans. Concepts may illustrate different design themes and/or mixture of planting and pavements. Concepts to be accompanied by image boards with photos of proposed plant material and examples of similar treatments. Additionally, visual simulations can be superimposed over a photo to accompany each plan.
Changes to the construction documents beyond our control, whether during design or during construction.
Resolved boundary, includ ing review of title reports, surveying existing monuments, setting new monuments, and preparing a record of survey.
I. A performance schedule will be established after the design kick off meeting indicating milestones that will be mutually agreed upon by both parties and will be included as an exhibit to this agreement.
7/6/2022
OocuSign Envelope ID: 0227F14C-B5E6-4181 -A86C-CCA01 C971860 West Grand Ave, Grover Beach
BICF Engi:Jecn 4/l0/2022 (rev. 923/2022)
BKF Engineers' Personnel and Rates
Prlncl~I Associ.t, ProJect M1n111r Proj.a: EnclnHr Survey Crew osin @$237 @$231 0 S174 @1$32S BKFhes
Task O.Scriptlon hn I S'• I hn S'• hn S'• hn I S'• hn S'• "' I S'• I Proj«t Mona~ment and Coordination
Kick-off Site M el'l:ln&, A,1nd.i, M inutes I <nl ' S1.422 ~ l <nl <nl ,, $1,42:
Project Schedui., Records, Mana11m1nt I Soi 24 $5,688 Soi 8 $1,392 Sol 321 $7,081 ProjectM11'1:in1s I I so 32 $7,534 S" • $1,392 <nl 4()1 $8,97 Subtotal I ol SOI '2 $ 14 694 • s" " $"7&4 • so 71 $17 47 2 Preliminary Investigation and Orslgn
Request Existin1 Documentation s 2 $474 sc al $1,392 " 101 $1,864 Review R1f1r1n« Documents < 2 $474 SC 8 $1,392 SC IOI SU• Top01niphk:Surwy1nd 8H1M1p " 16 $3,792 12 s2.1n .. Sl,352 32 $10~ ,oil $25,311 Site Review " • $1.896 SC I SC SC 8 $1,894
Subtotal . so " s, 636 12 $2.772 .. $11136 32 $10400 ,,.1 $JO"" 3 Utility Coordination
Pothoina; Coordlnation (HIUffll 20 potholes) I so 2 $474 so • $.1,392 so 101 $1,864 MHIUfl W1terY1lves I so 2 $474 so 8 $1,392 so 10 $1.861 Vt [lltv Coordfnuion -1 <nl 16 $3,7921 ~ 16 ~784 <nl 3iJ $6,57 Subtotal • $0 20 $4 7401 • inf 32 $5 561 • so 52 $10-
4 CHslgn Ocw lopment & PS&E
Conc~tP!.n 21 SS441 16 $3,7921 so 24 $4,176 so 42 1 $8,5t:
""'PS&E 21 $S441 .. Sll,3761 • $1,848 iiiil S2i•A,J <oi 218 $41,601 100%PS&E 21 $4741 40 $9,4801 12 $2,844 ISO $31,32~ so 234, $44,111 Subtotal , 1 $1.5621 104 $24 5481 20 $4692 ... $63 336 • so ... s,. ,., s Post-CHslgn S~rvices
8idPh1s.Servlces I <nl 4 $9481 2 $462 8 $1,392 <nl 14I s,= Construction Phlse Services "" 24 SS688 4 $924 32 $5 568 "' 60 $12,11( RecordDr1wJn s I I $01 21 $4741 I soi 16 $2 7841 I '"' 18 $3,2 Subtotal ol sol 30 $71101 • $1386 ,., $9 744 • so ,,, $18 2 Relmburnbl• Ex--•s s•- SUBTOTAlS • s,,., 244 $ 57 38 $U50 532 $92 ""· 1 32 $10400 1s2l $173&1'1.
Notes: Titles ind houn ue estim1tes. W• expect to pro111de res01.1rces H needed while th• project develops. Office survey stiff hours mily be lnterc:h1n1e1ble with en1lnNrln1 staff hours.
DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860
EXHIBIT B
PROFESSIONAL CONSULTANT SERVICES
INSURANCE REQUIREMENTS
Without limiting CONSULTANT'S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers' compensation insurance. CONSULTANT shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
Note: Workers' compensation and employer's liability insurance requirements may be eliminated for certain sole proprietorships, partnerships, or corporations without employees.
Consultant shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
West Grand Street Scape, 4th Street - 8t h Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181-A86C-CCA01 C971860 Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsu lta nts.
Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insu ranee or selfinsurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY'S rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY'S Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860 limits maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONSULTANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any crossliability exclusions.
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT.
CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section . CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
CITY's right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and Consultant may renegotiate CONSULTANT'S compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT'S performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
West Grand Street Scape, 4th Street- 8th Street, CIP 2287 rev 1-2019 DocuSign Envelope ID: D227F14C-B5E6-4181 -A86C-CCA01 C971860
EXHIBIT C
PROFESSIONAL CONSULTANT SERVICE
CITY OF GROVER BEACH
DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Grover Beach or any of its □ [x] agents?
2 Do you represent any firm, organization or person who is in litigation with □ [x] the City of Grover Beach?
3 Do you currently represent or perform work for any clients who do □ [8J business with the City of Grover Beach?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Grover Beach, □ ~ or in a business which is in litigation with the City of Grover Beach? 5 Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Grover Beach employee who has any □ ~ significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project? □ [8J
* If the answer to any question is yes, please explain in full below. -
Explanation: [ {?vi~ ~cdf - ·--· ..
N/A Signature
6/29/2022
Date
Brian Scott
Name
BKF Engineers
Company
255 shoreline Dr, suite 200
Address
D Additional page(s) attached. Redwood City, CA 94065
City, State, Zip
• West Grand Street Scape, 4th Street - 8th Street, CIP 2287 rev 1-2019 Agenda Item No 9.
$
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: February 14, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Deanne Purcell, Administrative Services Director Kristin Eriksson, Deputy City Manager
SUBJECT: FY 2022-23 Mid-Year Budget Review and General Fund Forecast
RECOMMENDATION
Receive information on the FY 2022-23 Mid-Year Budget Review including the City’s American Rescue Plan Act allocation and the updated General Fund Financial Forecast; approve midyear budget appropriations; and provide input and direction to staff.
BACKGROUND
Consistent with the Council’s adopted financial policies, this report provides an update on the City’s current financial condition this fiscal year and financial projections for revenues and expenditures over the next five years. The report begins with the City’s mid-year financial status for the General Fund and two Enterprise Funds (Water and Wastewater) and requested consideration of mid-year budget appropriation changes. This report will also update the Council on the City’s American Rescue Plan Act (ARPA) funding allocation and recommended changes from staff.
Following the mid-year information, staff will provide the results of an updated five-year General Fund financial forecast that builds on previous forecasts. The forecast is a starting point in the FY 2023-25 budget process in projecting baseline revenues and expenditures based on various assumptions. As an overall summary, the City is in a position that allows a balanced budget and healthy reserves although there are financial uncertainties that need to be considered. These uncertainties include economic headwinds from a potential recession, continued decline in cannabis tax revenues, service needs and costs of fire services with the departure of the Oceano Community Services District from the Five Cities Fire Authority along with needs in other City services, and higher than normal inflation that is projected to continue through 2023.
FY 2022-23 Mid-Year Financial Report
The General Fund is the City’s primary fund with taxes and major user fees funding basic public services such as Police, Fire, Public Works, Community Development, Administration, and Parks and Recreation. The Council adopted a FY 2022-23 General Fund budget of $18.7 million and included in Table 1 on the next page is a summary of the projected year-end totals based on midyear actuals that shows an estimated $225,000 General Fund surplus which is slightly less than the budgeted surplus of $264,000: Ending reserves of $7.2 million or 49% of operating expenditures does not include any carryovers from FY 2021-22 or mid-year requests that will be highlighted in Table 9 on page 7 of this report.
Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 2 February 14, 2023
Table 1
GF Summary Budget Projected
Beginning Reserves $ 6,937,300 $ 6,937,300
Revenues/Transfers In 18,728,000 18,488,800
Expenditures/Transfers Out 18,463,949 18,263,949
Annual Surplus 264,051 224,851
Ending Reserves $ 7,201,351 $ 7,162,151
% of Operating Expenditures 49% 49%
FY 2022-23
General Fund Revenues
For FY 2022-23, the City’s top five revenues (sales tax, property tax, cannabis tax, franchise fees, and transient occupancy tax) comprise 87% of total revenue, excluding transfers in and one-time grant funds. Total General Fund revenues are projected to end the fiscal year at approximately $18.5 million compared to $18.7 million budgeted. Projections are determined by various factors that include historical trends, revenue received, anticipated business growth, or consulting with tax revenue experts and could change based on the remainder of the fiscal year.
Due to the diversity of the City’s revenue make-up, the City’s financial position remained strong despite the impacts of the COVID-19 pandemic in FY 2019-20 and FY 2020-21. During those fiscal years, cannabis tax revenues hit the highest level reported to date and sales tax reported substantial increases, mainly due to the significant increase in cannabis sales activity along with an increase in online shopping. In FY 2021-22 revenues continued to increase despite a 38% decline in cannabis tax revenue from the prior FY 2020-21, as the City’s new sales tax Measure F-20 added $2.4 million in sales tax revenue. Transient occupancy tax revenue also increased by 64% over the prior year, mainly due to the addition of permitted short term rentals and increased travel and tourism after the pandemic.
As further explained below, in FY 2022-23 cannabis tax revenues are projected to continue to decline from earlier projections this year which appears to be the trend in this industry for various reasons, including competition from other cities and the illegal market, and inflation where consumers are having to spend more on necessities, leaving less for other purchases, such as cannabis. Table 2 below highlights the General Fund revenue for the FY 2022-23 budget compared to projected revenue at year-end. As shown in the table below, total revenues are anticipated to be lower than budget by approximately $238,000 with additional information to follow about these five main revenue sources:
Table 2
Top 5 GF Revenue Budget Projected
Over/
(Under)
% of
Budget
1. Sales Tax $ 5,916,000 $ 5,986,000 $ 70,000 101.2%
2. Property Tax 5,381,000 5,381,000 - 100.0%
3. Cannabis Tax 1,632,000 1,300,000 (332,000) 79.7%
4. Franchise Fees 723,000 623,000 (100,000) 86.2%
5. TOT 750,000 874,000 124,000 116.5%
Total Top 5 $ 14,402,000 $ 14,164,000 $ (238,000) 98.3% Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 3 February 14, 2023
• Sales Tax is estimated to be on track as budgeted using latest projections from our sales tax consultant that show a small increase of $70,000. The latest sales tax report shows business activity is up in the transportation area by 25% from the same period last year mainly due to the high fuel prices. In addition, as higher interest rates cool the housing market, homeowners are focusing more on remodel projects and construction is up 28% from the same period in the previous year. Sales tax revenue in the cannabis industry is down from the same period in the prior year by approximately 21% which is related to the decrease in cannabis tax revenue highlighted below.
• Property Tax continues to be a consistent revenue source and is estimated to be on track with budget. The County of San Luis Obispo has estimated a 4% increase in property tax revenue from the prior year, which falls in line with the City’s budgeted numbers. • Cannabis Tax is estimated to be $332,000 lower than budgeted. This number is based on revenues received through the second quarter ending December 31, 2022, along with expectations for activity in the second half of the fiscal year. There are continued challenges facing the industry including the strength of the illicit market, degree of State taxation and regulations, and competition from businesses in other cities. Economic reports have shown that this trend is predicted to stay for the foreseeable future. • Franchise Fees are projected to be $100,000 lower than budget due to a delay in the operation of the trans-oceanic fiber optic cable given international boundary disputes affecting the cable.
These revenues are now projected to start in FY 2023-24. • Transient Occupancy Tax (TOT) is estimated to be $124,000 higher than budget. The increase is due to revenue from permitted short-term rentals coming in higher than anticipated along with an increase in travel and tourism to the Central Coast after the course of the pandemic.
General Fund Expenditures
Table 3 below shows that overall General Fund expenditures are projected to end the year under the revised budget by $200,000. The projected budget is based on best estimates using the most current data and historical trends and could change with six months remaining in the fiscal year:
Table 3
The $100,000 savings in salaries and benefits is the net of salary savings in the Police Department of $425,000 due to vacant positions which is offset by 1) a $200,000 equity compensation adjustment approved by Council on September 12, 2022 and reflected as a mid-year appropriation, 2) a temporary change from part time to full time for the administrative assistant in Parks and Recreation due to staffing need or a $56,000 increase and 3) retirement payouts for GF Expenditures Budget Projected Variance
% of
Budget
Salaries and Benefits $ 8,749,654 $ 8,649,654 $ (100,000) 98.86% Supplies and Services 7,442,870 7,442,870 - 100.00%
Debt Service 181,425 181,425 - 100.00%
CIP/Transfers Out 2,090,000 1,990,000 (100,000) 95.22%
Total GF Expenditures $ 18,463,949 $ 18,263,949 $ (200,000) 98.92% Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 4 February 14, 2023
four retirees. The $100,000 in Capital Improvement Program (CIP) savings is due to a delay in the installation of new streetlights that is expected to start in FY 2023-24 given PG&E processing time. Staff will provide further information on the status of the CIP and proposed upcoming projects at the March 27th Council meeting.
Water Fund
Water Fund revenues in charges for service are down $53,000 from this time last year which staff believes is due to a decrease in water consumption with customers trying to conserve water along with the tiered rate structure where customers are charged more for using higher amounts of water. Since water consumption is down, customers save by having a lower rate when using less water. A rate study is currently being done to determine the need for any future rate adjustments.
Transfers in of $1.3 million in the prior year came from the Community Development Block Grant (CDBG) Fund for the 2” and 4” water main project that was funded by the CDBG grant.
Table 4
Water Fund
Revenue
Q2
Actual
Actual
7/1-6/30
Q2
Actual
Budget
7/1-6/30
Use of Money and Property $ 5,027 $ 23,319 $ 19,747 $ 33,300 Revenue from Other Agencies $ 26,269 51,619
Charges for Services 1,511,042 3,906,986 1,458,231 4,265,400 Transfers In 1,326,304 1,644,277 32,000
Grand Total $ 2,868,642 $ 5,626,201 $1,477,978 $ 4,330,700 FY 2021-22 FY 2022-23
With Water Fund expenditures, supplies and services are 74% expended to date due to the annual payment at the beginning of the fiscal year for liability insurance and the semi-annual payment made to the County in July and December for the Lopez Water Contract for debt service and routine operations and maintenance. Capital projects are still being completed or have not yet started. Overall, Water Fund expenditures are at budgeted levels for the second quarter with 49% expended to date.
Table 5
Expenditures
Q2
Actual
Actual
7/1-6/30
Q2
Actual
Budget
7/1-6/30
Salaries and Benefits $ 417,671 $ 788,847 $ 451,430 $ 817,841 Supplies and Services 1,656,453 2,234,235 1,599,564 2,161,905 Major Capital 1,212,267 2,580,298 5,362 955,000
Debt Service 242,930 100,493 233,839 281,443
Transfers Out 486,176 476,000
Grand Total $ 3,529,321 $ 6,190,049 $2,290,195 $ 4,692,189 Water Fund FY 2021-22 FY 2022-23
Wastewater Fund
The City is on track to meet the budgeted revenue amounts for this year as shown in Table 6 below which compares to actual amounts from last year:
Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 5 February 14, 2023
Table 6
Wastewater Fund
Revenue
Q2
Actual
Actual
7/1-6/30
Q2
Actual
Budget
7/1-6/30
Use of Money and Property $ 15,579 $ 24,002 $ 9,602 $ 16,000 Charges for Services 351,522 1,306,389 351,944 1,326,800 Transfers In 227,363 85,000
Grand Total $ 367,101 $ 1,557,754 $ 361,546 $ 1,427,800 FY 2021-22 FY 2022-23
In terms of expenditures, Wastewater Fund expenditures are below budget for the second quarter with 19% expended to date. The main reason is due to anticipated capital projects that have not yet started and transfers-out that are reconciled and accounted for annually as a year-end adjustment as shown on the next page in Table 7:
Table 7
Wastewater Fund
Expenditures
Q2
Actual
Actual
7/1-6/30
Q2
Actual
Budget
7/1-6/30
Salaries and Benefits $ 349,034 $ 756,599 $ 380,055 $ 697,366 Supplies and Services 209,462 592,307 186,943 416,800
Major Capital 26,757 157,722 32,428 1,845,000
Debt Service 21,808 171
Transfers Out 179,528 1,170 286,000
Grand Total $ 607,060 $ 1,686,327 $ 600,596 $ 3,245,166 FY 2021-22 FY 2022-23
Carry-Over of Capital Project Funding and Authorized Appropriations Per Council’s adopted financial policies, any unused appropriations at the end of fiscal year 2021- 22 in active capital improvement projects and multi-year programs are re-appropriated for continued use in fiscal year 2022-23. These carry-overs include $1,285,218 in the Capital Projects Fund, $1,575,040 in the Water Fund, and $403,450 in the Wastewater Fund. A detailed listing is included in Attachment 1.
The financial policies also authorize any remaining balance of one-time authorized appropriations to be carried forward with the approval of the City Manager and Administrative Services Director.
Council previously approved FY 2021-22 appropriations for costs that were not expended until FY 2022-23. The list of authorized one-time appropriations that will be carried over to FY 2022- 23 for implementation this fiscal year using General Fund reserves include back-up computer storage ($5,000), General Plan Circulation Element update ($60,000), new valve truck ($75,000), computer-aided dispatch and records management systems ($227,067), Ramona Center audio visual project ($24,000), and asset management system allocation ($9,679). Water Fund onetime appropriations include water system upgrades ($30,000) and asset management system allocation ($9,395) and the Wastewater Fund one-time appropriations include the asset management system allocation ($9,394). Lastly, the development impact fee study that is being conducted in FY 2022-23 was originally budgeted using the development impact fee funds in FY 2021-22 and will be carried forward to FY 2022-23 ($67,500) to cover the study.
Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 6 February 14, 2023
Requested Mid-Year Budget Appropriations and General Fund Impact With the current fiscal year half-way completed, departments have had the opportunity to reevaluate their current operations and identify any unforeseen needs that have become known.
Staff is requesting the Council’s consideration of mid-year budget appropriation changes for the General Fund totaling $331,000 along with appropriations requested for the Equipment Replacement Fund ($25,000) as shown in the detail in Attachment 2 and in Table 8 below:
Table 8
Table 9 below shows the General Fund impact of these recommended mid-year budget appropriations for the current FY 2022-23 along with the related changes in General Fund reserves from the carry-over of authorized appropriations. There is projected to be a net surplus of $224,851 for this fiscal year with ending reserves of $5.5 million or 38% of operating expenditures.
Table 9
Department Funding Source
FY 23
Mid-Year
Appropriation
Request Description
Non-Dept General Fund $ 200,000 Equity adjustment for salaries Public Works General Fund 75,000 N. 12th Street Sidewalk Parks&Recreation General Fund 56,000
To cover cost of administrative assistant part-time position to full time
Police General Fund 200,000
Special response van for drone operations, major
collisions and crime scene investigations
General Fund (200,000) Move salary savings to cover response van purchase General Fund 60,000 Ramona Center Audio Visual Installation General Fund (60,000) Move salary savings to cover Ramona Center project Total General Fund $ 331,000
Administrative
Services Equipment Replacement Fund $ 25,000
Server-Originally budgeted during pandemic (FY 19-20)
but not spent, the need is now current due to new ERP
implementaion
Total Equipment Replacement $ 25,000
GF Summary
FY 2022-23
Projected
Revenues/Transfers In $ 18,488,800
Expenditures/Transfers Out 18,263,949
Annual Surplus $ 224,851
Beginning Reserves 6,937,300
Less: FY 22 CIP Carryover 915,744
Less: Carryover Authorized Appropriations 400,746
Less: Mid-Year Requests 331,000
Ending Reserves $ 5,514,661
% of Operating Expenditures 38%
Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 7 February 14, 2023
American Rescue Plan Act Allocation
On September 13, 2021, Council provided direction on the allocation of one-time American Rescue Plan Act (ARPA) funds in which the City was allocated $3.2 million over a two-year period.
The first disbursement of $1.6 million was received in July 2021 to be spent primarily in FY 2021- 22 and the second disbursement of $1.6 million will be received this year. The ARPA funding is reflected in the FY 2021-23 budget adopted by Council as non-department funding in both FY 2021-22 and FY 2022-23.
Overall, approximately $1 million in ARPA funding was spent in FY 2021-22 within the following Council-adopted categories:
• Homeless services and facilities
• Nonprofit assistance
• Rental and utility assistance
• Business assistance/economic development
• Unfunded water or sewer projects
As part of the FY 2021-23 budget hearing on June 14, Council provided direction to use remaining ARPA funding for programs and activities in the following general categories:
• Homeless Services
• Government Service Capacity
• Business Assistance/Economic Development
• Assistance to Households (Childcare and Utility Assistance) • Nonprofit Assistance
Total ARPA funding spent through the second quarter of FY 2022-23 (December 31, 2022) totals $399,931 with an estimated $750,277 in ARPA funding committed in future quarters. Thus, there is approximately $1million remaining from the total allocation. Year to date expenditures and estimated commitments are included in Table 10 below:
Table 10
Expense Category FY 2022-23
YTD Actual
Expense
FY 2022-23
Committed
Funds (est.)
Comments
Homeless Services $85,470 $101,570 Encampment cleanups and services
Government Service
Capacity
$121,902 $439,359 $400,000 commitment for
implementation of new ERP
System
Business
Assistance/Economic
Development
$110,281 $140,748 Tourism/marketing & Economic
Development Services;
Business Facade Grants
Assistance to
Households
$67,656 $18,600 Childcare Grants; Utility
Assistance
Nonprofit Assistance $0 $50,000 FY 2022-23 Community Grants (Spring)
Water/Sewer Projects $14,621 $0 Rollover from FY 2021-22 Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 8 February 14, 2023
Pursuant to the U.S. Treasury Final Rule regarding ARPA funding, the City may use ARPA funds to offset revenue losses and to pay for government services. The City can elect a “standard allowance” of up to $10 million in ARPA funding. Staff will recommend this approach to the Council during the FY 2023-25 budget process to receive the remaining ARPA funding in the City’s General Fund. This will provide greater flexibility in utilizing ARPA funds and will eliminate timing restrictions for the use of the funds.
General Fund Financial Forecast
Economic Trends
The General Fund financial forecast is intended to be a valuable tool to help the Council and staff make prudent financial decisions and provide information for future budgets to come. Staff annually updates a five-year General Fund financial forecast to evaluate the City’s financial condition and help develop the City’s budget.
The December 2022 UCLA Anderson forecast predicts that the action of the Federal Reserve will determine whether the U.S. economy continues to show slow growth or enters a mild short-lived recession in 2023. Either way, the economy is expected to rebound in 2024 with the good news that California is expected to see a milder impact on its economy in 2023. Overall, there is consumer uncertainty with high inflation, rising interest rates and the downturn of the housing market which will make 2023 a challenging year. The forecast anticipates high but slowing inflation, especially as oil prices come down, which is one of the big drivers of inflation. Gasoline prices fell 9.4% in December and are below their level of a year ago. Annual inflation fell to 6.5% in December, the sixth consecutive month of decline and the slowing economy is likely to bring the yearly rate down to 3.2% by the end of 2023. Statewide, the unemployment rate was 4.1% in December 2022 compared to 7.7% in December 2021and 9% in December 2020.
Lastly, based on the latest sales tax forecast ending September 30, 2022, statewide revenues are up 14% overall compared with the previous year with the Central Coast up 12% overall. Autos & Transportation sales tax revenue continues to increase with modest growth (5%), although this is far less when compared to last year where new car prices were up 10% and used car prices were up 26%. Fuel & Service Stations are up 38%, although fuel prices have been steadily coming down and the demand for fuel is expected to be lower in 2023 and looking ahead, the forecast is expecting to be flat for FY’s 2024 and 2025. Statewide, housing projects were up 57% as higher mortgage rates kept homeowners in their current residence and focusing on remodel projects, although the forecast is normal growth will return in FY’s 2024 & 2025. The Food & Drug group including cannabis and grocery stores had modest growth due to the overall increase in cost of food which helped make up the continued losses in the cannabis industry. These restrained levels are expected to hold for the foreseeable future. Consequently, the projection in the Food and Drug sector is continued modest growth at a rate of 2%.
City’s Five-Year Forecast
Fortunately, the City went through the pandemic with little impact to City finances. This was in large part due to the diversified economy in Grover Beach and similar results are occurring postpandemic where more sluggish activity in the cannabis industry is being partially offset by TOT increases. The City is seeing some of the short-term impacts coming out of the pandemic including higher than normal fuel costs and low supply, both in labor and goods, which is driving up the inflation rate and creating higher prices. However, the long-term forecast is that these trends will be temporary, and the inflation rate will continue to come down in 2023 and normalize by 2024. The City is in a strong financial position with reserves well over the Council’s 25% goal, Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 9 February 14, 2023
although, the City still faces significant community needs for services and capital improvements.
In addition, the forecast does not include any potential increases to the Five Cities Fire Authority contract pending the study that is being prepared by outside consultants. This study will be presented to the Council on February 27 along with a separate organizational assessment conducted to assess service needs in City departments. It is also important to note that the pension cost calculated in this forecast uses the latest actuarial report that was issued in June 2022 and is through June 30, 2021, therefore the report doesn’t reflect the -6.1% investment loss that was reported by CalPERS for the fiscal year ending June 20, 2022. The actuarial reports that will reflect this loss (through June 30, 2022) will not be issued until June 2023. This could result in higher pension cost in future years.
Table 11 below shows a summary of this updated five-year forecast with a more detailed version shown in Attachment 3:
Table 11
Overall, the forecast indicates the General Fund is in a positive position over the five-year period though with a small projected surplus in FY 2023-24 given economic projections for next year.
Reserves remain strong and substantially higher than the Council’s policy goal of 25% of operating expenditures. There are higher projected revenue increases in future years as described below though still a degree of uncertainty particularly in the later years of the forecast:
• Sales Tax. Using the estimates provided by the City’s sales tax consultant, this year’s forecast assumes that general sales tax revenues will plateau in FY 2023-24 and only increase by
0.6% from the current FY 2022-23 and then return to a more consistent growth level of 3% in the following four fiscal years (2025-28) . The City saw a significant increase of 15.9% in general sales tax in FY 2020-21 due to the strong sales in the cannabis industry and an increase in online sales, although general sales tax was flat in FY 2021-22 due to the decrease in cannabis sales as conveyed previously and is projected to have some impact on future sales tax revenues in the forecast. Voter-approved Measure F-20 in November 2020 added an additional $2.4 million to sales tax revenues in FY 2021-22. • Property Tax. Using the County’s revenue estimates, this year’s forecast assumes that the City’s property tax revenues will increase by 4% next year from the current fiscal year FY 2022-23 which has been consistent over the last ten years where the average increase stays between 4 and 5%. Fiscal years 2023-25 assume consistent growth of 4% per year. • Cannabis Tax. The forecast assumes that the City will receive $1.3 million for FY 2022-23, or a 14% decrease from what was collected in FY 2021-22. For FY 2022-23, cannabis sales continue to be sluggish when compared to prior years and are estimated to be almost Staff Report: FY 2022-23 Mid-Year Budget Review and General Fund Forecast Page 10 February 14, 2023
$340,000 lower than what was budgeted, due to industry challenges conveyed previously.
This forecast takes a conservative approach of not estimating additional revenues as the City has seen in the pandemic years when cannabis tax revenue hit the highest level at $2.4 million. Fiscal years 2024-28 assume limited growth of 2% per year from FY 2022-23 base of $1.3 million. Staff continues to recommend caution with cannabis tax revenues and continues to recommend one-time uses for this revenue source. However, staff would also acknowledge that the initial estimate for cannabis tax revenues projected in 2017 was approximately $1.5 million which is more in line with current results.
• Transient Occupancy Tax (TOT). TOT revenues were the most impacted tax revenue during the pandemic. FY 2019-20 revenue of $433K was flat when compared to the prior year FY 2018-19 of $433K, due to a significant decrease in travel and hotel stays. However, TOT revenue rebounded in FY 2020-21 with a 34% increase followed by a significant increase of 64% in TOT revenue in FY 2021-22 and it is estimated that TOT will be around $875,000 or $125,000 over the budgeted $750,000 in FY 2022-23. This is mainly due to the recovery from the pandemic along with the collection of TOT revenue for permitted short-term rentals (STRs). TOT is projected to increase 3% each year and the forecast does not include TOT for future hotel projects until construction begins. Staff would note that construction may begin on the 950 El Camino Real hotel project sometime this fiscal year based on information from the developer.
FISCAL IMPACT
The General Fund appropriations requested for the current FY 2022-23 budget total $331,000 and the Equipment Replacement Fund appropriation requested total $25,000. Total FY 2021-22 carryover of special one-time authorized General Fund appropriations total $400,746 and will come out of General Fund reserves along with $30,395, $9,394, and $67,500 coming out of reserves for Water, Wastewater and the DIF funds respectively. CIP project carryovers for FY 2021-22 total $915,744 for the General Fund and will come out of General Fund reserves.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive information on the FY 2022-23 Mid-Year Budget Review including the City’s American Rescue Plan Act allocation and the updated General Fund Financial Forecast; approve mid-year budget appropriations; and provide input and direction to staff; or
2. Do not approve mid-year appropriation requests; or
3. Provide staff with alternate direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. FY 2021-22 CIP Carryover to FY 2022-23
2. Mid-Year Appropriation Requests
3. General Fund Five Year Financial Forecast
City of Grover Beach Attachment 1
FY 2021-22 CIP Budget Carried Forward to FY 2022-23
CAPITAL PROJECTS FUND (11) Expenditure
Revenue/
Transfers
from Other
Funds
1259 : Ramona Garden Park Rehabilitation $ 219,474 $ 219,474 2283 : Local Street Rehabilitation Program 50,744 50,744 2287 : Major Streets: West Grand Ave Streetscape 600,000 600,000 3002 : City Corp Yard Improvements 250,000 250,000
3264 : Police Station Improvements 165,000 165,000
Total Capital Projects Fund $ 1,285,218 $ 1,285,218
WATER FUND (81)
4001 : Regional Groundwater Sustainability Project $ 1,400,040 4007 : Water Main Zone Valves 25,000
4270 : Water Meter Replacement Program 150,000
Total Water Fund $ 1,575,040
WASTEWATER FUND (80)
5002 : Sewer Upgrade for Existing Flows $ 403,450
Total Wastewater Fund $ 403,450
Mid Year Budget Request
FY 2022-23
Attachment 2
Department Funding Source
FY 23
Mid-Year
Appropriation
Request Description
Non-Dept General Fund $ 200,000 Equity adjustment for salaries Public Works General Fund 75,000 N. 12th Street Sidewalk Parks &
Recreation General Fund 56,000
To cover cost of administrative assistant parttime position to full time General Fund 200,000
Special response van for drone operations,
major collisions and crime scene investigations
General Fund (200,000)
Move salary savings to cover response van
purchase
General Fund 60,000 Ramona Center Audio Visual Installation General Fund (60,000)
Move salary savings to cover Ramona Center
project
Total General Fund $ 331,000
Administrative
Services
Equipment
Replacement Fund $ 25,000
Server-Originally budgeted during pandemic (FY
19-20) but not spent, the need is now current
due to new ERP implementaion
Total Equipment
Replacement Fund $ 25,000
Police
GENERAL FUND FIVE YEAR FISCAL FORECAST: 2023-2028
2020-21 2021-22
Actual Actual Budget Revised
2023-24
Budget
2024-25
Budget 2025-26 2026-27 2027-28
REVENUES
Taxes and Franchise Fees
Property Tax 4,881,500 5,136,800 5,381,000 5,381,000 5,596,000 5,820,000 5,995,000 6,175,000 6,360,000 Sales Tax
General: 1% 2,089,100 2,082,800 2,176,000 2,155,000 2,167,000 2,226,000 2,293,000 2,355,000 2,412,000 Measure X: 1/2% 1,185,100 1,215,200 1,234,200 1,264,230 1,274,130 1,308,450 1,346,730 1,382,370 1,415,370 Measure F-20: 1% 572,800 2,351,600 2,505,800 2,566,770 2,586,870 2,656,550 2,734,270 2,806,630 2,873,630 Franchise Fees 600,200 619,400 623,000 623,000 635,000 648,000 661,000 674,000 687,000 Fiber Optic Cable (4 @ $100K) 100,000 - 100,000 300,000 300,000 300,000 300,000 Transient Occupancy Tax 580,400 952,200 750,000 874,000 900,000 927,000 955,000 984,000 1,014,000 Utility Users Tax 184,900 190,300 186,200 194,000 198,000 202,000 206,000 210,000 214,000 Cannabis Tax 2,424,900 1,515,600 1,632,000 1,300,000 1,326,000 1,353,000 1,380,000 1,408,000 1,436,000 Business Tax 154,600 152,400 175,000 155,000 159,000 162,000 165,000 168,000 171,000 Other Taxes 189,600 200,400 193,000 204,000 208,000 212,000 218,000 225,000 232,000 Total Taxes and Franchises 12,863,100 14,416,700 14,956,200 14,717,000 15,150,000 15,815,000 16,254,000 16,688,000 17,115,000 From Other Governments 340,400 1,475,000 1,795,000 1,795,000 51,000 53,000 55,000 57,000 59,000 Licenses and Permits 181,100 199,000 225,000 225,000 230,000 235,000 242,000 249,000 256,000 Service Charges 624,200 860,500 899,800 899,800 918,000 936,000 964,000 993,000 1,023,000 Use of Money and Property 72,400 (69,200) 227,300 227,300 232,000 237,000 244,000 251,000 259,000 Other Revenues 40,800 47,900 53,700 53,700 54,000 54,000 64,000 69,000 74,000 Total Revenues 14,122,000 16,929,900 18,157,000 17,917,800 16,635,000 17,330,000 17,823,000 18,307,000 18,786,000
EXPENDITURES
Operating Programs 13,534,500 15,373,900 16,205,900 16,105,900 15,030,600 15,482,800 15,724,800 15,954,100 16,284,500 Debt Service 154,600 134,200 168,000 168,000 95,000 95,000 95,000 95,000 69,000 CIP (Tr Out Fund 11 start in FY 21) 229,000 589,300 2,090,000 1,990,000 2,000,000 2,040,000 2,080,800 2,122,400 2,164,800 Total Expenditures 13,918,100 16,097,400 18,463,900 18,263,900 17,125,600 17,617,800 17,900,600 18,171,500 18,518,300
OTHER SOURCES (USES)
Transfers In
Cost Allocation Transfers 486,000 500,000 515,000 515,000 528,000 541,000 552,000 563,000 574,000 Other Transfers In 92,000 31,000 56,000 56,000 226,000 226,000 231,000 236,000 241,000 Transfers Out (170,000) (170,000) (173,400) (176,900) (180,400) Long-Term Debt Issued 371,100
Total Other Sources (Uses) 578,000 902,100 571,000 571,000 584,000 597,000 609,600 622,100 634,600 Sources Over (Under) Uses 781,900 1,734,600 264,100 224,900 93,400 309,200 532,000 757,600 902,300 Reserves, Start of Year * 4,704,800 5,486,700 7,079,300 7,079,300 5,514,700 5,466,100 5,633,300 6,023,300 6,602,900 Wastewater Fund Repayment (142,000) (142,000) (142,000) (142,000) (142,000) (142,000) (178,000) (178,000) (1,316,500)
Additional Mid-year requests (331,000)
Reserves, End of Year 5,486,700 7,079,300 7,201,400 5,514,700 5,466,100 5,633,300 6,023,300 6,602,900 7,327,200 Reserve % Operating Costs 41% 51% 49% 38% 36% 36% 38% 41% 45% Minimum reserve policy is 15% of operating costs, with a goal of 25%.
C/O from FY 22 (CIP 915,700, other
400,800)
2022-23 FIVE YEAR-FORECAST
* 2020-21 reserves at start of the year is net of the advance payable to Wastewater Fund of $1,435,700, each year starting with FY 22 reflects deduction for WW fund repayment with end of yr reserves.
- 1 -
Attachment 3
Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: February 14, 2023 FROM: Matthew Bronson City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: FY 2022-23 Mid-Year Council Goals Implementation Report and FY 2023-25 Council Goal Setting Process Review
RECOMMENDATION
Receive a presentation on the mid-year implementation status report on FY 2022-23 City Council Goals and the process for the Council to set City Council Goals for FY 2023-25.
BACKGROUND
The initial Grover Beach City Council Goals were established in March 2017 to determine the highest priorities for the City organization to implement in FY 2017-18. The purpose of establishing Council Goals is to ensure the City’s resources are allocated to the most important priorities and the goals will serve as a guide for making resource decisions the budget. The goals were updated in February 2018 and the process was replicated in February 2019 to revise the list of Council Goals followed by another update in 2020.
FY 2022-23 City Council Goals
On March 8, 2021, the Council adopted a set of Council Goals for FY 2021-23 following a goalsetting workshop conducted by the Council on February 26, 2021. Those goals were updated by the Council at a Mid-year Council Goals Workshop on March 7, 2022 for FY 2022-23. The Council adopted a set of goals organized into three priority categories:
• Major City Goals. These represent the most important, highest priority goals for the City to accomplish over the next two years, and as such, resources to begin achieving them should be included in the FY 2021-23 budget.
o Economic Development
o Housing and Homelessness
o Public Safety
o Street Improvements
• Other Important Goals. Goals in this category are important for the City to accomplish, and resources to begin achieving them should be made available in the FY 2021-23 budget where feasible.
o Building and Facility Improvements
o City Beautification and Public Art
o Community Engagement
o Water Resiliency
Staff Report: FY 2022-23 Mid-year Council Goals Report and FY 2023-25 Goal Setting Process Page 2 February 14, 2023
• Address as Resources Permit. While it is desirable to achieve these goals over the next two years, doing so is subject to current resource availability. o Environmental Sustainability
o Code Compliance
o Pedestrian, Bicycle and Traffic Safety
o Recreation and Community Programs
Attachment 1 shows these three priority categories of goals along with a descriptive statement for each goal.
Mid-year Implementation of FY 2022-23 City Council Goals As of mid-year, there has been substantial progress made in implementing Council Goals as shown in Attachment 2. Approximately 93% of the tasks for the Major City Goals this fiscal year have been completed or are currently in progress, as shown in the chart below:
Goal Completed In
Progress Pending* Deferred* Total
Economic Development 3 10 - - 13
Housing &
Homelessness 2 5 - 1 8
Public Safety 2 2 - - 4
Street Improvements 2 2 - 1 5
TOTAL 9 19 0 2 30
*Tasks shown as pending are anticipated to be implemented in the next fiscal year while tasks shown as deferred will be implemented in the future.
Below are highlights of this progress categorized by each of the Major City Goals:
Economic Development
• Worked with SLO Partners on scholarships, including two for digital marketing, two for precision manufacturing and one for software development. • Worked with the South County Chambers of Commerce to conduct regular Business Retention interviews with businesses and to increase the social media presence and website for the Visit Grover Beach tourism brand.
• Continued work with regional partners on regional economic development strategies. • Continued to work with Digital West/Astound to promote citywide high speed broadband fiber services in conjunction with their citywide installation. • Continued to work with developers on permitting for hotel projects at 950 and 1598 El Camino Real and the Grand Avenue beachfront area on State Parks property (Grover Beach Lodge project)
• Permitted four additional cannabis businesses and adopted an ordinance allowing onsite cannabis consumption at the permitted retailers.
• Processed development applications for mixed-use projects on West Grand Avenue and provided $75,000 in Small Business Façade Improvement grants to assist businesses with improvements to their buildings, signage and outdoor seating areas. • Advanced design of the West Grand Avenue streetscape project between 4th and 8th Streets to support economic development along the commercial corridor.
Staff Report: FY 2022-23 Mid-year Council Goals Report and FY 2023-25 Goal Setting Process Page 3 February 14, 2023
Housing and Homelessness
• Development application for a four-story mixed-use building with 37 housing units at 402 West Grand Avenue approved by the Planning Commission in February 2023 and additional applications for two properties on West Grand Avenue are pending. • Worked with People’s Self-Help Housing and HASLO on a building permit for their 53-unit affordable housing project on South 13th Street (Cleaver property) • Cabins for Change temporary emergency housing project on 16th Street and Longbranch became operational in January 2023 and the City continues to work with 5CHC on site plans for additional homeless housing on City-owned property on South 4th Street. • Updating the City’s camping ordinance to restrict the scope of camping on public property in a more enforceable manner in lieu of available shelter space. • Implemented the Development Code and Land Use Element updates following approval from the Coastal Commission for implementation within the Coastal Zone.
Public Safety
• Continued to work with regional agencies to coordinate a unified approach to address mental health issues in the unhoused community.
• Hired additional Community Service Technician staff to enhance non-sworn personnel. • Continued working with the Five Cities Fire Authority and the City of Arroyo Grande on service delivery and governance options for fire and emergency services and commissioned a study to analyze those options.
• Developing a Request for Proposals for an update to the City’s Emergency Operations Plans which is planned to be released in Spring 2023.
Street Improvements
• Completed Measure K-14 Street Improvement projects on portions of Trouville, S. 7th Street, Ocean View Avenue, Nacimiento Avenue, Mono Court, Owens Court, Margarita Avenue, Angello Terrace, S. 10th Street, Manhattan Avenue, Seabright Avenue, Charles Street, N. 2nd Street and N. 6th Street.
• Completed design and awarded construction contract for sidewalk infill projects associated with the Measure K-14 projects listed above. • Design for the West Grand Avenue Streetscape project between 4th and 8th Streets is scheduled for completion in spring 2023 with construction scheduled for FY 2023-24.
In addition to these results tied to Major City Goals, staff would highlight various other achievements over the past year shown in Attachment 3 including:
• Initiated design for Ramona Garden Park improvements which was presented to Council and the Parks, Recreation and Beautification Commission • Began negotiations with owners of property adjacent to the Corporation Yard as part of a renovation and expansion plan.
• Initiated a facility condition assessment of City facilities to determine long-term needs. • Continued installation of wayfinding signs and added an “I(Heart)GB” sign at the Highway 1/West Grand Avenue entrance to the City.
• Resumed “Coffee with a Cop” community engagement events and initiated a community survey and community forum to provide opportunities for public input into the Council’s FY 2023-25 goal setting process.
• Developed a “GB 101” video series providing public information on City departments and services.
Staff Report: FY 2022-23 Mid-year Council Goals Report and FY 2023-25 Goal Setting Process Page 4 February 14, 2023
• Continued work toward the Central Coast Blue recycled water project, including holding a joint meeting of the City Councils, approval of a Joint Powers Authority (JPA) Agreement and convening of the initial JPA Board meeting.
• Declared a Stage 3 Water Shortage Declaration given water supply limitations to require additional water conservation by the community.
FY 2023-25 City Council Goals Process
The Council will again be tasked with setting City Council Goals for the upcoming FY 2023-25 budget. Ken Hampian, who facilitated past Council Goal Setting processes, will facilitate this process overview, as well as the Council Goal Setting Workshop on March 6, 2023. As an initial step, the City conducted a community survey and community forum to obtain community input into potential City priorities. In addition to this input, staff is also engaging the City’s two Commissions (Planning and Parks, Recreation, and Beautification) to identify priorities by respective Commissioners. This input from Commissioners will be provided to the Council at the end of next week after both Commissions hold their respective meetings this month.
Community Survey
The City released an online community survey in December 2022 to allow residents and visitors to Grover Beach provide input into the City’s priorities. Generally, survey respondents’ top priorities were Safety (21%), Homelessness (21%), West Grand Avenue improvements and downtown development (13%) and Street Improvements (8%). The survey’s full results are summarized in Attachment 4.
Community Forum
On January 25, 2023, the City hosted a Community Forum to provide an in-person opportunity for residents to provide input regarding City priorities. Eight community members attended the forum, during which staff provided a summary of the current City Council Goals, a financial overview of the City and the results of the Community Survey. After staff’s presentation, the community members discussed possible City priorities and then voted on which priorities should be the top priorities for the City over the next 2-3 years. The top priorities were Community Events, Recreation and Community Art (9 votes); Housing Affordability and Accessibility (6 votes); Economic Development, Commercial and Downtown Development (5 votes); and Environmental Sustainability (5 votes). The full results of the Community Forum voting are summarized in Attachment 5.
The next step in the goal-setting process is for the Council will be asked to nominate up to seven goals individually to be considered as possible Major City Goals prior to the March 6, 2023 workshop (see Attachment 6 for a description of this goals nomination “homework assignment”).
Criteria for these goals are provided in Attachment 7 and a sample submittal form is provided in Attachment 8. An agenda for the March 6, 2023 workshop is provided in Attachment 9.
FISCAL IMPACT
The cost for Mr. Hampian’s facilitation services is approximately $6,300 and included in the FY 2022-23 operating budget for the City Manager’s office. Upon adoption of FY 2023-25 City Council Goals, staff will tailor the FY 2023-25 budget to reflect those goals.
Staff Report: FY 2022-23 Mid-year Council Goals Report and FY 2023-25 Goal Setting Process Page 5 February 14, 2023
ALTERNATIVES
The Council has the following alternatives to consider:
1) Receive a presentation on the mid-year implementation status report on FY 2022-23 City Council Goals and the process for the Council to set City Council Goals for FY 2023-25; or
2) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. FY 2022-23 City Council Goals
2. FY 2022-23 Major City Goals Mid-Year Implementation Report
3. FY 2022-23 Other Goals Implementation Report
4. 2022 Community Survey Results Summary
5. 2023 Community Forum Results Summary
6. Councilmember “Homework Assignment”
7. City Council Goals Criteria
8. Sample Goal Nomination Form
9. FY 2023-25 City Council Goals Workshop Agenda
City of Grover Beach
FY 2022-23 City Council Goals
MAJOR CITY GOALS
ECONOMIC DEVELOPMENT. Develop and implement economic development initiatives that include COVID-related economic recovery strategies, business retention and attraction, effective and timely permit processing, and tourism promotion including marketing, attracting hotels along Grand Avenue, and ensuring compatible beach uses.
HOUSING AND HOMELESSNESS. Update City codes and standards to encourage housing construction to meet diverse needs; collaborate with developers and non-profits in efforts to increase overall housing stock with a priority on affordable housing availability; and partner with regional agencies and organizations to address homelessness and sheltering issues in the city and region.
PUBLIC SAFETY. Champion contemporary public safety services (police, fire, emergency medical services) by providing leadership and adequate resources, including training, to meet service demands and growing challenges in such areas as homelessness, mental health, vagrancy, and social justice.
STREET IMPROVEMENTS. Continue improvements to major arterials and local streets, incorporating where feasible related improvements, such as utility upgrades and “complete streets” - medians, sidewalks, bicycle lanes, bulb-outs, street trees and other related improvements.
OTHER IMPORTANT GOALS
BUILDING AND FACILITY IMPROVEMENTS. Provide for improvements and enhancements to City buildings, parks, and other facilities through a condition assessment, including disability access needs, followed by a funding and implementation plan to ensure that these public assets meet current and future needs; identify and plan for added facilities where our existing inventory falls short.
CITY BEAUTIFICATION AND PUBLIC ART. Enhance the appearance of the city by improving major entryways, ensuring high signage standards, preserving “legacy trees,” and partnering with the community to pursue new public art projects, such as murals.
COMMUNITY ENGAGEMENT. Continue a strong commitment to transparency and public participation in City government through programs, initiatives and events to encourage citizen engagement in key community decisions; and formalize our practices by adopting a public participation plan and policy.
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project and other opportunities, as well as through water conservation efforts.
ADDRESS AS RESOURCES PERMIT
CODE COMPLIANCE. Continue to strengthen the code compliance program and related code sections to be more proactive in inspecting and addressing such issues as, short term rental violations, illegal advertising/business signage, overgrown landscaping and conflicting right-of-way encroachments; continue monitoring the cannabis industry.
ENVIRONMENTAL SUSTAINABILITY. Integrate environmentally sustainable principles, practices and projects into City operations and new development plans and standards; increase resource conservation and reduce carbon emissions through initiatives such as Central Coast Community Energy and other technology opportunities to address and off-set climate impacts.
PEDESTRIAN, BICYCLE AND TRAFFIC SAFETY. Continue efforts to make Grover Beach more pedestrian and bicycle friendly by adding and/or enhancing bicycle lanes, sidewalks, streetlights, street and crosswalk striping, and other traffic calming and safety measures.
RECREATION AND COMMUNITY PROGRAMS. Provide viable recreation, youth, childcare and special event programs designed to meet current and emerging needs, both directly and in partnership with other providers.
Attachment 1
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
ECONOMIC DEVELOPMENT
GOAL STATEMENT
Develop and implement economic development initiatives that include COVID-related economic recovery strategies, business retention and attraction, effective and timely permit processing, and tourism promotion including marketing, attracting hotels along Grand Avenue, and ensuring compatible beach uses.
STAFF LEAD: Matthew Bronson, City Manager; Kristin Eriksson, Deputy City Manager; Megan Martin, Community Development Director
TASK PLANNED STATUS MID-YEAR COMMENTS
Business Retention and Attraction
1. Work with Chamber to enable businesses to improve
their marketing through digital marketing bootcamps in
partnership with SLO Partners
2. Work with Chamber to conduct outreach with local
businesses on key issues facing Grover Beach businesses including periodic meetings and surveys
3. Continue to collaborate with regional partner agencies to identify economic development strategies to support the regional economy.
4. Work with Digital West to promote citywide fiber
broadband expansion as part of the Digital West
implementation
June 2023
July 2023
July 2022
September 2022
Completed
In Progress
Completed
In Progress
The City has worked with SLO Partners on digital marketing workforce training including two digital marketing
scholarships, two precision manufacturing scholarships, and one software development scholarship.
Business attraction work has resumed after the hiring of a new Chamber CEO in the fall of 2022. The Chamber will conduct monthly Business Retention and Expansion interviews in
2023 and will provide regular reports to the City.
The City has continued to work with REACH, Visit SLO Cal, the Cal Poly Center for Innovation and Entrepreneurship, and other groups on regional economic development strategies.
Digital West/Astound is installing its citywide high speed fiber optic broadband network. The City will work with
Astound and the Chamber to promote broadband use from an economic development standpoint upon completion of the
installation in early 2023.
Attachment 2
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
ECONOMIC DEVELOPMENT
TASK PLANNED STATUS MID-YEAR COMMENTS
Tourism Development
1. Begin oversight and construction management for hotel site at 950 El Camino Real
2. Process building permits for 1598 El Camino Real hotel project upon submittal by developer
3. Continue involvement in Grover Beach Lodge project in partnership with lead agency State Parks and issue City permits for initial offsite construction upon plan submittal and approval
4. Work with Chamber to enhance Visit Grover Beach
tourism marketing efforts to promote Grover Beach as a
desirable coastal destination for a variety of beach uses Commercial Cannabis Activities
1. Process development and building applications for
commercial cannabis businesses upon submittal
January 2023
January 2023
July 2022
July 2023
July 2023
In Progress
In Progress
In Progress
In Progress
Completed
Review of construction plans were approved in Summer 2022.
Developer is seeking construction financing and anticipates pulling the building permit late Spring 2023. City staff continues coordination with the Developer on outstanding items and coordination with various State regulatory agencies.
Staff is working with the developer on the Substantial
Conformance Review submitted in December 2022. Financing is anticipated for an early Summer 2023 building permit submittal on the first phase.
Developer preparing construction plans for State Parks and City review anticipated in late 2022.
The City has worked with the Chamber to redefine their
economic development services with a post-pandemic focus on tourism marketing. The City is working with the Chamber to increase the social media presence and website of the Visit Grover Beach tourism brand and to update the Visit Grover Beach website. The Chamber is also working with Visit SLO CAL to increase the number of Grover Beach businesses
featured in the SLO Crafted campaign.
Four additional cannabis businesses have been approved or are in process of receiving an entitlement. A business
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
ECONOMIC DEVELOPMENT
TASK PLANNED STATUS MID-YEAR COMMENTS
2. Process onsite consumption area applications upon
submittal by retailers pending adoption of ordinance
allowing use
West Grand Avenue Improvements
1. Process development applications for West Grand
Avenue housing and mixed-use projects upon submittal
by property owners
2. Pursue streetscape and other infrastructure improvements to improve the appearance and functionality of the
commercial corridor
3. Work with Chamber and businesses along West Grand
Avenue on outreach and marketing to enhance economic
vitality of the corridor
July 2023
July 2023
July 2023
July 2023
In Progress
In Progress
In Progress
In Progress
submitted for building permits to construct a processing facility on Huston Street and staff anticipates permit issuance in early Spring 2022 with the project completion in early Summer 2023.
Council adopted an Ordinance to allow on-site cannabis
consumption areas, special events, and revisions to regulatory permit renewal process in May 2022. At this time, no cannabis retailers have submitted an application for an onsite
consumption area.
A building permit application for a mixed-use development at 402 West Grand Avenue was received in December 2022 and will be heard by the Planning Commission in February 2023.
Additionally, the City provided $75,000 in façade
improvement grants to local businesses to improve their aesthetics.
Design is expected to be complete in May, with construction expected to begin in late summer.
The City held a community meeting in October of 2022 for businesses along West Grand Avenue between 3rd and 9th
Streets to provide information about the upcoming West
Grand Avenue streetscape project between 4th and 8th Streets.
The City will continue to work with the Chamber to
coordinate marketing efforts with the businesses along West Grand Avenue.
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
ECONOMIC DEVELOPMENT
KEY POLICY/OPERATIONAL ISSUES
• Continuation of economic development services contract with the South County Chambers of Commerce to improve business retention, recruitment and marketing
• Continued focus on commercial cannabis industry and hotel development projects given economic activity and development opportunities along with additional tax revenues
• Continue working with Astound/Digital West to maximize the potential of citywide fiber broadband expansion for attraction of businesses and residents • Continue City’s involvement in regional economic development strategies to ensure community economic vitality in the future • Provide greater focus on West Grand Avenue improvements given the level of development interest in housing and mixed-use projects MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
HOUSING AND HOMELESSNESS
GOAL STATEMENT
Update City codes and standards to encourage housing construction to meet diverse needs; collaborate with developers and non-profits in efforts to increase overall housing stock with a priority on affordable housing availability; and partner with regional agencies and organizations to address homelessness and sheltering issues in the city and region.
STAFF LEAD: Megan Martin, Community Development Director; Matthew Bronson, City Manager
TASK PLANNED STATUS MID-YEAR COMMENTS
1. Process development applications for West Grand
Avenue housing and mixed-use projects upon submittal
by property owners
2. Oversee the start of the building permit process for the development of affordable housing project on South 13th Street (Cleaver property)
3. Work with 5Cities Homeless Coalition (5CHC) on the
development of a homeless housing facility on Cityowned property on South 4th Street
4. Continue to work with 5CHC and surrounding cities to increase the supply of supportive and transitional housing and programs to assist the homeless
5. Continue periodic homeless encampment outreach and
cleaning activities at affected locations
July 2022
July 2022
July 2022
July 2022
July 2022
In Progress
In Progress
In Progress
In Progress
In Progress
Coastal Community Builders submitted an application for a 4- story mixed-use building with 37 units and 4,700 square feet of commercial/retail space. This was submitted in July 2022 and is set for public hearing in February 2023. Additional
applications may be submitted for 401 West Grand Avenue and 675 West Grand Avenue based on preliminary discussions with the property owners.
PSHH/HASLO submitted for a building permit in late
December 2022. City staff returned corrections in mid-January 2023, City staff continues to work with the applicant’s design team.
5CHC working on site plans for leased property on South 4th Street to establish homeless housing facility. State Project Homekey funding application anticipated in spring 2023.
City supported 5CHC in opening of Cabins for Change facility in Grover Beach and supporting efforts by County and other agencies to develop additional facilities.
City carries out periodic encampment cleaning in addition to frequent outreach and is drafting updated camping ordinance to restrict extent and scope of camping on public property.
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
HOUSING AND HOMELESSNESS
TASK PLANNED STATUS MID-YEAR COMMENTS
6. Receive Coastal Commission approval of the Local
Coastal Program amendments related to the Land Use
Element and Development Code updates
7. Implement Land Use Element and Development Code
updates including development of checklists, website
update, staff training and developer outreach
8. Apply for “Pro-Housing Designation” from State
Department of Housing and Development to assist with
securing State grant assistance
October 2022
October 2022
June 2023
Completed
Completed
Deferred
Commission approval received in December 2022 which
allows use of updated Development Code within Coastal Zone.
Development Code and Land Use Element updates were
adopted by Council in June 2022 with Coastal Commission approved for Coastal Zone areas in December 2022.
Checklists, applications and other website updates have been completed. A developer outreach session is planned for Spring or Summer 2023.
City staff received approval from the Coastal Commission for Local Coastal Plan amendments, and Development Code
amendments. This has delayed work to apply for a “prohousing” designation form HCD.
KEY POLICY/OPERATIONAL ISSUES
• Implementation of the updated Development Code and Land Use Element will be a major area of focus for FY 2022-23 particularly in encouraging multifamily, infill development along West Grand Avenue corridor. • Housing availability is a significant challenge throughout the region and the City has limitations in responding to this need given staffing and funding, as well as the extent to which local government can address the housing market. Changes in housing will take time given the work involved in the private sector housing production along with development of the People’s Self-Help Housing/HASLO affordable housing project on South 13th Street. • Homelessness is one of the most difficult issues facing local government and is an issue that extends beyond the role of cities in addressing it. The City continues to take a balanced approach of “compassion with order” by supporting creation of additional housing units and services along with taking actions to better secure and maintain public spaces. The opening of the Cabins for Change facility, development of a future facility on South 4th Street, and drafting of a camping ordinance are examples of the City’s proactive work.
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
PUBLIC SAFETY
GOAL STATEMENT
Champion contemporary public safety services (police, fire, emergency medical services) by providing leadership and adequate resources, including training, to meet service demands and growing challenges in such areas as homelessness, mental health, vagrancy, and social justice.
STAFF LEAD: John Peters, Chief of Police; Stephen Lieberman, Five Cities Fire Chief
TASK PLANNED STATUS MID-YEAR COMMENTS
1. Continue exploration of more unified approach between public safety departments, County agencies, and
homeless service providers on outreach for homeless
individuals with mental health issues
2. Work with Five Cities Fire Authority member agencies on future service delivery and governance structure for fire and emergency medical services to implement
beginning July 1, 2023
3. Expand Police Department Community Services
Technician program through vacant position
reclassification to enhance the use of non-sworn
personnel on certain tasks
4. Enhance the City’s emergency management efforts
through updating the City’s Emergency Operations
Plans, implementing staff and Council training and
collaborating with other agencies on emergency
preparedness and response
July 2022
July 2022
October 2022
December
2022
Completed
In Progress
Completed
In Progress
Police Department worked with the Five Cities Homeless
Coalition (5CHC) and local agencies to coordinate a unified approach to address mental health issues within the unhoused community. Chief Peters is on the countywide committee that recently completed the update to the countywide homelessness strategic plan.
Staff is working with FCFA and Arroyo Grande staff on
service delivery and governance options for fire services including an outside consultant review for an upcoming
presentation for Council.
One Records position was converted to one full-time CST and one part-time CST position. Two candidates have been
identified and are completing the hiring process by March 2023.
A Request for Proposal for a consultant to assist in updating the City’s Emergency Operations Plans will be released in the first quarter of 2023.
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
PUBLIC SAFETY
KEY POLICY/OPERATIONAL ISSUES
• Importance of working with member communities for long-term planning related to the Five Cities Fire Authority and the future service delivery needs and governance structure.
• Need for coordination with other agencies on outreach services to those individuals with mental health issues and homelessness. • Need to bolster citywide emergency management and preparedness work. • Finding opportunities to expand Police Department services within existing budget allocation.
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
STREET IMPROVEMENTS
GOAL STATEMENT
Continue improvements to major arterials and local streets, incorporating where feasible related improvements, such as utility upgrades and “complete streets” - medians, sidewalks, bicycle lanes, bulb-outs, street trees and other related improvements.
STAFF LEAD: Greg Ray, Public Works Director/City Engineer; Erin Wiggin, Capital Improvement Projects Manager; Gabriel Munoz-Morris, Senior Engineer
TASK PLANNED STATUS MID-YEAR COMMENTS
1. Complete application package to PG&E for the Street
Lighting Project (CIP 2003). The first phase is for North Oak Park Boulevard.
2. Complete construction of the sidewalk infill with the cost sharing program with the two Measure K-14 projects
(CIP 2295-14 and 2295-15) listed below (CIP 2274).
3. Complete design and begin construction of the West
Grand Avenue Streetscape project from 4th to 8th Streets (CIP 2287)
4. Complete design and being construction of CIP 2295-14 (portions of Trouville, S. 7th Street, Ocean View Avenue, Nacimiento Avenue, Mono Court, Owens Court,
Margarita Avenue and Angello Terrace)
5. Complete design and begin construction of CIP 2295-15 (portions of S. 7th Street, S. 10th Street, Manhattan
Avenue, Seabright Avenue, Charles Street, N. 2nd Street and N. 6th Street)
July 2022
June 2023
January 2023
August 2023
February 2023
Deferred
In Progress
In Progress
Completed
Completed
Project funding removed from FY 2022-23 and delayed to FY 2023-24.
Sidewalk work included with CIP 2295-14 completed.
Construction contract fir CIP 2295-15 awarded January 2023 with sidewalk work included.
Design effort increased as a result of Council input on design elements. Design scheduled for completion Spring 2023.
Construction completed in December of 2022
Construction contract awarded January 2023.
MAJOR CITY GOAL FY 2022-23 MID-YEAR IMPLEMENTATION REPORT
STREET IMPROVEMENTS
KEY POLICY/OPERATIONAL ISSUES
• Continuing to achieve accelerated pace of projects within the city’s relatively small footprint of approximately two square miles without significant inconvenience to residents and with limited field staff available to provide project utility support. • Improved funding availability for improving arterials and major streets given higher General Fund contribution for capital projects and an increase in Local Transportation Funds derived from Gas Taxes though additional funding is still needed given the extent of arterials and major streets that need repair. • Incorporating sidewalk infill, traffic calming, and other safety enhancements desired with street improvement work. • Need to plan for street maintenance work in future Capital Improvement Programs to maintain the City’s streets rehabilitated in recent years.
FY 2022-23 OTHER IMPORTANT COUNCIL GOALS
MID-YEAR IMPLEMENTATION REPORT
BUILDING AND FACILITY IMPROVEMENTS. Provide for improvements and enhancements to City buildings, parks, and other facilities through a condition assessment, including disability access needs, followed by a funding and implementation plan to ensure that these public assets meet current and future needs; identify and plan for added facilities where our existing inventory falls short.
Key Actions:
• Initiated design for Ramona Park improvements with presentation of preliminary design to the City Council and Parks, Recreation, and Beautification Commission. • Began negotiations with owners of property adjacent to the Corporation Yard as part of a renovation and expansion plan.
• Initiated facility condition needs assessment to review the condition of City facilities and identify long-term needs and capital improvements.
CITY BEAUTIFICATION AND PUBLIC ART. Enhance the appearance of the City by improving major entryways, ensuring high signage standards, preserving “legacy trees”, and partnering with the community to pursue new public art projects, such as murals.
Key Actions:
• Continued to install visitor wayfinding signs at major intersections throughout the City. • Converted #GB60 sign at Highway 1 and West Grand Avenue to “I(Heart)GB” sign.
COMMUNITY ENGAGEMENT. Continue a strong commitment to transparency and public participation in City government through programs, initiatives and events to encourage citizen engagement in key community decisions; and formalize our practices by adopting a public participation plan and policy.
Key Actions:
• Resumed quarterly “Coffee with a Cop” community engagement events at various locations in the City.
• Issued a community survey in December 2022 and hosted a community forum in January 2023 to provide opportunities for the public to provide input into the Council’s goal setting process for FY 2023-25.
• Developed a “GB101” video series highlighting City services and officials for publication in early 2023.
WATER RESILIENCY. Partner with communities throughout the South County to achieve sustainable water resources through initiatives such as the Central Coast Blue recycled water project as well as through water conservation efforts.
Key Actions:
• Held an inaugural joint meeting of the City Councils of Grover Beach, Pismo Beach and Arroyo Grande in September 2022 to update the Councils on the progress of the Central Coast Blue recycled water project.
• Approved a Joint Powers Authority Agreement to create the Central Coast Blue Regional Recycled Water Authority and convened the initial Authority Board meeting in December 2022. • Declared a Stage 3 Water Shortage Declaration in September 2022 given drought conditions which led to a 20% reduction requirement in water usage with associated penalties.
Attachment 3
2022 Community Survey Results Summary
Q1 – Do you Live, Work or Play in Grover Beach? (145 answers from 96 respondents; some selected more than one)
Live – 62 (43%)
Play – 44 (30%)
Work – 32 (22%)
Other – 7 (5%) (Largely plan to move to GB or visit friends/Family) Q2 – What do you like most about Grover Beach? (96 answers) Coastal Environment – 71 (74%)
Community Character/Vibe – 14 (15%)
Retail/Restaurants/Bars/Shops – 4 (4%)
Other – 4 (4%) (Generally rewording other answer options) Community Events/Activities – 3 (3%)
Q3 – What one thing would improve Grover Beach? (85 open-ended answers; List represents 93% of responses)
Safety (General) – 18 (21%)
Address homelessness – 18 (21%)
Improve WGA/Downtown – 11 (13%)
Streets (general) – 7 (8%)
Increase housing – 3 (6%)
Add hotels – 3 (6%)
More community events – 3 (6%)
Pedestrian friendly streets – 3 (6%)
Underground utility lines/improve lights – 3 (6%)
Q4 – What should the top priority be for Grover Beach for the next 2-3 years? (96 answers) Safety (Fire/Police) – 34 (35%)
Homelessness – 18 (19%)
Develop WGA/Downtown – 12 (13%)
Other – 10 (11%) (Mostly represented in other categories) Water Resiliency – 8 (8%)
Housing – 7 (7%)
Street Improvements – 4 (4%)
Tourism Development – 2 (2%)
Community Events/Rec Activities – 1 (1%)
Q5 – Comments/suggestions? Largely comments reflecting priorities; large number of comments re:
FCFA funding/support
Attachment 4
City Priorities Community Forum Summary
January 25, 2023
Introduction
The City held a City Priorities Community Forum on Wednesday, January 25 at the Ramona Garden Park Center. The Forum, which featured a light dinner and childcare, began at 6:00 p.m. and concluded at 8:00 p.m.
The purpose of the Forum was to twofold: (1) to provide citizens an added avenue for sharing their thoughts regarding Grover Beach's most important community priorities over the next 2-3 years; and (2) to provide Council Members with added public input prior to nominating candidate goals for consideration at the March 6, 2023 Goal Setting Workshop.
Eight (8) persons attended and all seemed very engaged in the process and table top conversations. Staff received some informal feedback from participants, which shall be summarized below, after a description of the process.
Forum Process
The process worked as follows:
1. Attendees were greeted by staff and were seated at tables of 2-3 participants, mixing attendees so that a variety of perspectives were shared at each table. A member of City staff joined each table to facilitate the conversations (Police Chief John Peters, Administrative Services Director Deanne Purcell, Community Development Director Megan Martin and Police Commander Jim Munro).
2. Mayor Bright welcomed and thanked the participants for attending.
3. City Manager Matthew Bronson and Deputy City Manager Kristin Eriksson provided a brief Forum overview, including how the Forum fits into the overall budget and goalsetting process, as well as a summary of current priorities, City's financial standing and the results of a prior community survey.
4. Attendees were then given a few minutes to think about their priorities and to jot down five suggestions for high priority city goals. At each table, participants then took turns expressing their goals, which were recorded on a flip chart. This continued around each table until all suggestions were exhausted. There was good, positive interaction throughout.
5. Participants at each table were then asked to vote on the five highest priorities from their comprehensive table group list. Each table then took turns reporting out its five highest priorities, along with the other items on their lists.
6. Staff then prepared a list of the highest priority items, consolidating similar goals generated by the table groups. Ten (10) final proposed goals emerged and were posted in the room.
Attachment 5
7. After reviewing the consolidated ballot with the entire group, the participants voted for their top five goals using five adhesive dots each. The results of this process yielded the following results:
Top Four Priorities
1. Community Events/Recreation/Public Art – 9 votes
2. Housing Affordability and Accessibility – 6 votes
3. Economic Development and Commercial/Downtown Development – 5 votes
4. Environmental Sustainability – 5 votes
Other Priority Ideas
1. Homeless Services – 4 votes
2. Tourism Marketing – 4 votes
3. Community Engagement – 3 votes
4. Bikeability – 2 votes
5. Street Lighting – 2 votes
6. Public Safety (FCFA, Police) – 1 vote
February 14, 2023
To: Grover Beach City Council
From: Matt Bronson, City Manager
Ken Hampian, Goal-Setting Facilitator
Subject: Proposed Candidate Goals
The "Homework Assignment"
Using the form provided, please propose up to seven (7) Major City Goals.
Because we are at a “big picture” stage, concise statements are appreciated (1-3 sentences). Detail will come later when Council work programs are drafted.
Existing priorities. You may consider including some existing priorities if they are not yet completed and demand sustained focus, energy and support.
Day-to-day services. On the other hand, even though very important, you do not need to include routine day-to-day services unless a new significant program initiative, capital project or step-up in service level is desired.
Deadline. Please submit your proposals to the City Manager's Office by Friday, February 24, 2023 (earlier submissions welcome!).
What happens next?
A list of the candidate goals will be prepared and sorted under common topics, without identifying who submitted which proposed goals. Where similar ideas have been submitted, synthesized goal statements will be drafted. All proposed goal statements, individual and synthesized, will be distributed at the March 6 Workshop, refined as desired by Council and prioritized.
In order to maintain maximum flexibility and openness to all ideas, please refrain from releasing your personal list prior to the Workshop (e.g. do not post to social media).
Because such "big goals" typically require many years of work, scaling what specific progress can be made in the next fiscal year will be included in follow-up work programs for all final Major City Goals. These will be reviewed in April/May.
If you have any questions, please direct them to the City Manager or to Ken Hampian at 805-431-7158.
Attachment 6
Sample Criteria for Proposing Major City Goals
The core question: Of all the many things that we would like to do for Grover Beach, which are the most important things for the coming two fiscal years?
Some considerations in judging which goals should make the cut are:
1. The goal is consistent with the City's core duties and mission.
2. The need is urgent - progress must be made in 2023-25 (may include goals that are already underway but need continuing strong Council support and attention – the “added oomph” factor!).
3. In a workload or financial pinch, the goal would be among the few that must continue to move forward.
4. The goal was identified as a high priority for Measure F-20 funding (the one cent sales tax approved by GB voters in 2020)
5. The community has more recently identified the goal as a major and urgent interest/concern.
6. The goal cannot be achieved without strong, clear City Council support and commitment.
7. Other important goals depend upon this one getting accomplished.
8. The goal hinges on City support (while other partners may be needed, no one else can really initiate or assume responsibility).
9. The goal has the potential to leverage outside resources and/or increase community resources in the future.
Attachment 7
Grover Beach Council Member Proposed Major City Goals 2023-25 DUE FRIDAY, FEBRUARY 24th
I propose that these goals (no more than 7) are the most important, highest priority things for the City to advance or accomplish in the next two-year budget period, FY 2023-25 (it is requested that you nominate your goals in only 1-3 sentences):
Attachment 8
AGENDA
Grover Beach 2023-25 Goal-Setting Workshop
March 6, 3:00 p.m. Ramona Community Center
1. Welcome – Mayor
2. Public Comment
3. Background – City Manager
A. Where we are in the budget process
B. Introduction of facilitator
4. Council Goal Setting Overview & Approach - Facilitator
5. Council Goal-Setting – City Council
A. Review Consolidated Goals by Category
B. Finalize Candidate Goals “ballot”
Break (while “ballot” of candidate goals prepared for Council rating and ranking) C. Goal ratings by individual Council members*
4 - Most important, highest priority to achieve over the next five years 3 - Important goal to achieve
2 - Address if resources are available
1 - Defer to next Strategic Plan process for consideration 0 - Not a priority goal
*Total points: Target of 2 points per candidate goal
(For example, if 20 candidate goals, 40 points total)
Break (while results are tabulated)
6. Review Council’s final ratings and ranking by category:
A. Major City Goals
B. Other Important Goals
C. Address as Resources Permit
7. Wrap-Up: Next Steps in the Budget Process (City Manager) Attachment 9