Grover Beach City Council
March 13, 2023

AGENDA

GROVER BEACH CITY COUNCIL

GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET

GROVER BEACH, CALIFORNIA
MONDAY, MARCH 13, 2023, 6:00 PM
Next Resolution No .23-06
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 Five Cities Fire Authority New Firefighters – Chief Steve Lieberman

PRESENTATIONS

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 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.

Amendment to Item 8. Water Supply
Udate
Agenda: Grover Beach City Council Meeting Page 2
Monday, March 13, 2023
address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.

CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.

2. Minutes of the Regular City Council Meeting on Monday, February 27, 2023 and the Minutes of the Special City Council Meeting on Monday, March 6, 2023. (Recommended Action: Approve the minutes as submitted or revised.)

VOICE VOTE

3. Adoption of FY 2023-25 City Council Goals – Deputy City Manager Eriksson (Recommended Action: Adopt the FY 2023-25 City Council Goals as determined at the March 6, 2023 Council Goal-Setting Workshop)

ROLL CALL VOTE

4. Introduction and First Reading of an Ordinance Repealing Chapter 14 of Article III (Public Welfare, Morals and Conduct); adding a new Chapter 14, 14.1 and 14.2; and Repealing Section 5210 of Chapter 2 of Article V (Sanitation and Health) of the Grover Beach Municipal Code to Regulate Camping and Vehicle Habitation on Public Rights-of-Way and Public and Private Property – City Manager Bronson, City Attorney Hale
(Recommended Action: Introduce and conduct a First Reading, by title only, an Ordinance repealing Chapter 14 of Article III (Public Welfare, Morals and Conduct); adding new Chapters 14, 14.1 and 14.2; and repealing Section 5210 of Article V (Sanitation and Health) of the Grover Beach Municipal Code to regulate camping and vehicle habitation on public rights-of-way and public and private property and schedule a public hearing for the Second Reading at the next regularly scheduled Council meeting.)

ROLL CALL VOTE

5. Award of Professional Design Engineering Services for Street Rehabilitation and Repair Project (CIP 2295-16 and 17) – Public Works Director/City Engineer Ray and CIP Manager Wiggin
(Recommended Action: Authorize the City to enter into a Consulting Services Agreement in an amount not to exceed $426,480 with Rick Engineering for design phase services, bidding phase services, and post-design services during the construction phase of CIP projects 2295-16 and 2295-17, Street Rehabilitation and Repair Projects; authorize the Budget Amendment Request to advance the funds budgeted in FY 2023-24 to this fiscal year; authorize the Director of Public Works to negotiate contract amendments not to exceed $40,000 if needed; and authorize the Mayor to execute the agreement on behalf of the City.)

ROLL CALL VOTE

6. Approval of Budget Increases for CIP Projects 2295-14 (Local Street Rehabilitation and Repair) and 2274 (Citywide Sidewalk Infill) – Public Works Director/City Engineer Ray and CIP Manager Wiggin
(Recommended Action: Approve budget increases for CIP Projects 2295-14 (Local Street Rehabilitation and Repair) and 2274 (Citywide Sidewalk Infill).)

ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, March 13, 2023

7. Participation in the County of San Luis Obispo Desalinated Water Study – Public Works Director/City Engineer Ray
(Recommended Action: Adopt the Resolution approving participation in the County of San Luis Obispo Desalinated Water Study.)

ROLL CALL VOTE

PUBLIC HEARING
None

REGULAR BUSINESS

8. Water Supply Update and Recommended Change in City’s Water Shortage Declaration – Public Works Director/City Engineer Ray
(Recommended Action: Receive information on the City’s water supply and approve a recommended change in the City’s water shortage declaration from Stage 3 with 20% water use reduction with penalties to Stage 1 with voluntary compliance only.)

ROLL CALL VOTE

9. State Legislative Update and Approval of a 2023 Legislative Platform and Letter of Opposition to Initiative 21-0042A1 – Deputy City Manager Eriksson (Recommended Action: Receive a presentation on pending State legislation from the League of California Cities; approve the 2023 City of Grover Beach Legislative Platform; and authorize the Mayor to sign a letter opposing Initiative 21-0042A1, also known as the California Business Roundtable “Taxpayer Protection and Government Accountability Act.”)

ROLL CALL VOTE

PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.

COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.

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) Agenda: Grover Beach City Council Meeting Page 4
Monday, March 13, 2023
(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)

COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.

CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS

CLOSED SESSION
It is the intention of the City Council to meet in Closed Session concerning the following item:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of California Government Code, Section 54956.9
(One potential case).

B. Public Employee Performance Evaluation –
Consistent with Government Code Section 54957 (b)(1) Title: (City Manager)

ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org

CITY OF GROVER BEACH

POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.

These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.

1.0 DECORUM AND ORDER – IN GENERAL

1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.

1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.

1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.

2.0 DECORUM AND ORDER – COUNCIL MEMBERS

2.1 Manner of Speaking.

Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.

U2.1(a) Questioning Staff.

A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.

U2.1(b) Interruptions.

Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.

3.0 DECORUM AND ORDER – STAFF

3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.

3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.

4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC

4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.

4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.

4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.

Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.

4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.

5.0 ENFORCEMENT OF DECORUM

5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.

5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

Agenda Item No. 1
Introduction of Five Cities Fire Authority New
Firefighters
(CC Mtg 3/13/2023)
No Documentation for this Agenda Item –
Introduction of Five Cities Fire Authority New Firefighters

MINUTES

CITY COUNCIL MEETING
TUESDAY, FEBRUARY 27, 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 Tessa Quijano, 1st Grade student at Fairgrove Elementary School.

ROLL CALL
City Council: Council Members, Robert Robert, Daniel Rushing, Clint Weirick, and Mayor Karen Bright were present. Mayor Pro Tem Anna Miller was not present.

City Staff: City Manager Matthew Bronson, City Attorney David Hale, Deputy City Manager Kristin Eriksson, City Clerk Wendi Sims, Police Chief John Peters, Five Cities Fire Chief Steven Lieberman, Public Works Director/City Engineer Greg Ray and Parks and Recreation Director Kathy Petker were also present.

CLOSED SESSION ANNOUNCEMENTS:

On Tuesday, February 14, 2023, at 8:02 p.m. the City Council to meet in Closed Session regarding 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 Closed Session Announcements: At 8:13 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present and announced the case between the City of Grover Beach v. Allen Thompson, Case No. 23CV-0038 has been settled with Mr. Thompson paying the City of Grover Beach the amount of $39,0043.75 which, once received, will result in the mutual dismissal of all charges.

AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as submitted.

CEREMONIAL CALENDAR
None.

PRESENTATIONS

1. 2023 Regional Transportation Plan – presentation presented by San Luis Obispo Council of Governments (SLOCOG) Transportation Planner, Stephen Hanamaikai.

Agenda Item No. 2
Minutes: City Council Meeting Page 2
Monday, February 27, 2023

2. South County Chambers of Commerce Update - presentation presented by President/CEO, Kathy McCorry
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.
• Roanna Bennie
• Stacy Korsgaden
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 Council Member Robert and seconded by Council Member Weirick to approve Consent Agenda Item Nos. 3, 4, and 5 as recommended. The motion carried on the following roll call vote:

AYES: Council Members – Robert, Rushing, Weirick, and Mayor Bright NOES: Council Members – None.

ABSENT: Council Members – Mayor Pro Tem Miller.

ABSTAIN: Council Members – None.

3. Treasurer’s Report for the Period January 1, through January 31, 2023.

Action: Approved the Treasurer’s Report as submitted.

4. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period January 1, through January 31, 2023.

Action: Approved the Treasurer’s Report as submitted.

5. Minutes of the Regular City Council Meeting on Tuesday, February 14, 2023.

Action: Approved the minutes as submitted.

PUBLIC HEARING
None.

At 6:42 p.m.; City Attorney Hale stated he needed to recuse himself from Item 6 due to a conflict as he also represents the Five Cities Fire Authority (FCFA) and that Molly Thurman, Assistant City Attorney will represent the City on this item.

Minutes: City Council Meeting Page 3
Monday, February 27, 2023

REGULAR BUSINESS

6. Fire and Emergency Medical Services Review
Mayor Bright read the title to the foregoing item and deferred to staff for a report.

City Manager Bronson introduced Rick Haydon, Larry Waterhouse, Andy Belknap and Bob Leland who jointly presented a PowerPoint presentation.

Mayor Bright invited public comment on this matter.
• Robert Perrault
• Barbara Harmon
• Jeff Lane
• Tom Hughey
• Steven Hensley
• Jeff Lee
• Stacy Korsgaden
• Craig Angello
No further public comments were received at this time and the Mayor closed public comment.

Action: The Council received the presentation on the assessment conducted by Baker Tilly to assess the City’s organizational structure, City services, and future needs.

7. Organizational Assessment Overview
Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Deputy City Manager Eriksson introduced Rick Haydon with Baker Tilly who presented a PowerPoint presentation on Citywide organization.

Mayor Bright invited public comment on this matter.
• Nicole Bryant
No further public comments were received at this time and the Mayor closed public comment.

Action: City Council received a presentation on an assessment conducted by Baker Tilly that assessed the City’s organizational structure.

Minutes: City Council Meeting Page 4
Monday, February 27, 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.

COUNCIL COMMITTEE REPORTS
Council Member Weirick clarified that the SLO County Resources Advisory Committee (WRAC) March meeting was cancelled.

COUNCIL COMMUNICATIONS
Council Member Robert reported The Grange located on Manhattan and 13th Street, is having its Annual Yard Sale happening on April 15, 2023 between 9:00 am and 2:00 p.m. for more information contact The Grange and also mentioned The Grange has a monthly pancake breakfast on the 1st Sunday of the Month between the hours of 8:30 am and 11:00 am.

Council Member Weirick reported that he attended the Institute for Local Government (ILG) Planning Commissioner Training in San Luis Obispo on February 17th and also attended a virtual League of California Cities Roundtable on Fire Hazard Severity Zones.

CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson stated the Accessory Dwelling Unit (ADU) protypes plans are available on the City’s website. He mentioned the Community Grant process will start again in a couple of weeks offering grants up to $5,000 to local non-profit organizations to better serve their customers. He also, stated the Eat Local and Buy Local program continues to March 17, 2023.

CITY ATTORNEY’S REPORTS AND COMMENTS
None.

CLOSED SESSION
None.

ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 9:53 p.m.
_____________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)

MINUTES

SPECIAL CITY COUNCIL MEETING
MONDAY, MARCH 6, 2023
CALL TO ORDER Mayor Bright called the meeting to order on Monday, March 6, 2023, at 3:03 p.m., in the Ramona Garden Park Center, 993 Ramona Avenue, Grover Beach, California.

ROLL CALL
City Council: Council Members Robert Robert, Daniel Rushing, Clint Weirick, Mayor Pro Tem Anna Miller and Mayor Karen Bright were present.

City Staff: City Manager Matthew Bronson, Deputy City Manager Kristin Eriksson, City Attorney David Hale, City Clerk Wendi Sims, Police Chief John Peters, Five Cities Fire Chief Steve Lieberman, Commander Jim Munro, Commander Bryan Millard Administrative Services Director Deanne Purcell, Community Development Director Megan Martin and Senior Engineer Gabriel Munoz-Morris were also present.

PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public calling into the meeting on the teleconference line (805) 321-6639, for comment on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda. There were no other communications and the Mayor closed the Public Communications segment for this portion of the meeting.

WORKSHOP

1. Council Goal-Setting Workshop for FY 2023-25
Mayor Bright read the title of the foregoing item and deferred to staff for a report.

City Manager introduced Ken Hampian who presented a PowerPoint Presentation regarding the 2023-25 Council Goals.

Mayor Bright opened the workshop for public comment.
• Roanna Bennie
• David Swift
• Jeff Lane
• Liz Doukas
No further comments were made by the public and the Mayor closed Public Communications segment.

RECESS: At 4:00 p.m. the Council took a 10-minute recess.

RECONVENE: At 4:20 the Council reconvened with all members present.

RANKING BREAK: At 4:28 p.m. the Council took a break to rank items.

RECONVENE: At 4:55 p.m. the Council reconvened with all members present.

Action: The Council reviewed and identified major city goals and provided direction to staff.

Minutes: City Council/ Page 2
Monday, March 6, 2023

ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 5:00 p.m.
_____________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 3

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 13, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Deputy City Manager
SUBJECT: Adoption of FY 2023-25 City Council Goals

RECOMMENDATION
Adopt the FY 2023-25 City Council Goals as determined at the March 6, 2023 Council GoalSetting Workshop. ____________________________________________________________________________

BACKGROUND
On March 6, 2023, the Council held a workshop to set City Council Goals for FY 2023-25. After reviewing, rating and ranking the candidate goals, the Council adopted a set of collective 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 2023-25 budget.
o Economic Development and Community Promotion
o Housing and Homelessness
o Public Safety
o Street Maintenance and Complete Streets
• 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 2023-25 budget where feasible.
o Building and Facility Improvements
o Community Engagement
o Water Supply and Resiliency
• 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 City and School Partnership
o Code Compliance
o Environmental Sustainability
Attachment 1 contains a final report of the City Council goal-setting process from outside consultant Ken Hampian and Attachment 2 shows a list of the FY 2023-25 Council Goals.

Pending Council adoption of these Goals, staff will incorporate these goals into development of the FY 2023-25 proposed budget and develop work programs for implementing the Major City Goals for the coming fiscal year. Drafts of the work programs will be reviewed with the Council on April 24 prior to finalizing and implementing the work programs as part of the adopted budget. These work programs will be focused on tasks that can be attained in the next fiscal year with available resources and staff capacity in support of these goals.

Staff Report: Adoption of FY 2023-25 Council Goals Page 2 March 13, 2023

FISCAL IMPACT
There is no direct fiscal impact from this agenda item as the cost of implementing specific Council Goals will be included in the FY 2023-25 budget.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Adopt the FY 2023-25 City Council Goals as determined at the March 6, 2023 Council Goal-Setting Workshop; or

2. Do not adopt the Council Goals; or

3. Provide alternative direction to staff.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Goal-Setting Process Final Report

2. FY 2023-25 Council Goals
- 1 -
FY 2023-25 GROVER BEACH CITY COUNCIL

GOAL-SETTING FINAL REPORT
March 7, 2023

BACKGROUND & PROCESS OVERVIEW
Every two years the Grover Beach City Council engages in a rigorous process for identifying major community goals. Once established, these priorities lead the preparation of the City’s two-year budget, guiding how financial and staff resources are allocated. As in the past, for the fiscal year 2023-25 budget the process has been initiated several months prior to budget adoption in June.

The goal-setting process began by gathering a great deal of baseline information, including assessing current community interests, updating the City’s fiscal condition, and reviewing the progress of existing priorities. For example, to gather community input a public survey was released in December 2022 and a Community Forum held on January 25, 2023. The results of the survey and forum were shared during the February 14, 2023 Council meeting.

After considering this background information, each Council member submitted their seven (7) top proposals for the most important, highest priority things for the City to achieve or advance in 2023-25. The City Manager, Deputy City Manager, and facilitator reviewed these proposals and organized them under ten (10) themes.

Within each theme, a single synthesized goal statement was drafted to capture related council member ideas. This document was posted with the agenda and made available at the March 6th Goal-Setting Workshop.

GOAL-SETTING WORKSHOP
The workshop was held in the Ramona Center on March 6. After the Mayor opened the meeting, the City Manager provided an overview of the Fiscal Years 2023-25 budget process and the workshop agenda. The workshop facilitator then reviewed how the workshop would proceed in order to reach consensus about top Council priorities.

Next, the Council reviewed the proposed synthesized goal statements under each of the 10 categories and, as needed, revised some goals for clarity. The final proposed goals were then transferred to a "ballot" for Council rating.

After rating and ranking the candidate goals, the Council adopted a focused set of collective goals organized into three priority tiers. The goals outlined below are listed within each tier in alphabetical order. Therefore, relative importance should be judged by tier category, not by the order within each tier.

Attachment 1
FY 2023-25 Council Goals Report
- 2 -

RESULTS
 Major City Goals. These represent the most important, highest priority goals for the City to accomplish over the next 2-3 years, and as such, resources to begin achieving them should be included in the 2023-25 Budget. Detailed work programs will be prepared for all Major City Goals and presented to the Council in April/May 2023.

ECONOMIC DEVELOPMENT AND COMMUNITY PROMOTION. Strengthen and maintain a business-friendly environment, implement strategies that build upon existing efforts in business retention with a focus on vulnerable sectors and populations, pursue business attraction and commercial development especially on West Grand Avenue, expedite permit processing, and promote tourism and hotel development.

HOUSING AND HOMELESSNESS. Work with developers and non-profits in efforts to increase housing availability with a focus on affordable housing; continue partnerships with regional agencies and organizations to address homelessness and related sheltering issues in the city and region, including supporting completion and operation of temporary shelter facilities in the City.

PUBLIC SAFETY. Ensure quality police, fire and emergency medical services by providing proper support, including implementation of a new fire services structure and funding, training and leadership development resources to meet service demands and growing challenges in such areas as homelessness, behavioral health, and social justice; and continue to engage with regional agencies, local businesses and the community in these efforts.

STREET MAINTENANCE AND COMPLETE STREETS. Continue to complete Measure K-14 street improvements on arterials and local streets; create a maintenance plan and related funding for improved streets; pursue opportunities to design and build safer, more pedestrian and bicycle friendly “complete streets” by incorporating where feasible bicycle lanes, sidewalks, street lights, crosswalks, trees/landscaping and other traffic calming design strategies.
 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 2023-25 Budget where feasible.

BUILDING AND FACILITY IMPROVEMENTS. Support city programs, operations and assets by ensuring that our public facilities, including parks and buildings, are maintained, improved and expanded to meet community needs into the future; strategically develop priorities and funding plans by evaluating deferred maintenance, safety, health, accessibility, energy, and long-term needs.

COMMUNITY ENGAGEMENT. Continue a strong commitment to transparency and public participation in our city government through existing and new programs, initiatives and events designed to encourage community members, including youth, engagement FY 2023-25 Council Goals Report
- 3 -
in key community decisions; formalize our practices by adopting and implementing a public participation plan and policies.

WATER SUPPLY AND RESILIENCY. Meet existing and long-term water needs through the Central Coast Blue recycled ground water project and other regional efforts and by continuing water conservation; identify other feasible strategies to ensure longterm water resiliency.  Address as Resources Permit. While it is desirable to achieve these goals over the next 2-3 years, doing so is subject to current resource availability.

CITY AND SCHOOL PARTNERSHIP. Establish a framework for communication between city officials and local public TK-12 education partners' that operate within the city supporting a Community Schools model that provide benefits for our youth, families, and the community 24/7 through more intentional alignment. Maximize each jurisdiction’s existing facilities and programs in partnership that benefits all, and discuss potential parallel policy options for shared adoption.

CODE COMPLIANCE. Prioritize the City’s code compliance program to quickly and effectively enforce our existing ordinances, including tree related issues like maintenance and removal permits.

ENVIRONMENTAL SUSTAINABILITY. Pursue carbon neutral solutions to develop a greener Grover Beach through plans, policies and City operations.

SUMMARY CITY COUNCIL COMMENT ON THE RESULTS
During the workshop, the Council noted that all final proposed goals are important to the community. Progress will be made on all of them in the coming years in some fashion.

However, fiscal and staff resources are finite, and therefore the Council must make hard choices among worthy goals as to which are the most pressing in the next two years. The preparation of the 2023-25 budget shall be guided by these choices.

NEXT STEP: MAJOR CITY GOAL WORK PROGRAMS
In April 2023, the City Council will consider detailed work programs prepared by staff for each of the Major City Goals in order to:
• Further define and scope the adopted goal
• Outline an “action plan” detailing specific tasks and estimated due dates • Identify stakeholders
• Ensure that the resources needed to accomplish the goal are known and allocated (staff time, funding).

FY 2023-25 Council Goals Report
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With the completion and adoption of the work programs, the Council and community will know - and can measure - the actions to be taken to move the goal forward. This kind of thorough planning is especially important because fully achieving a major goal typically extends beyond any two-year budget period.

FINAL BUDGET ADOPTION
After review of the work programs, in May/June staff will return to Council with a proposed two-year budget that supports the Council’s highest priorities. The budget will be adopted in late June. Regular reporting to the City Council and community on the status of the City's priorities will continue throughout the 2023-25 fiscal year period.

City of Grover Beach
FY 2023-25 City Council Goals

MAJOR CITY GOALS
ECONOMIC DEVELOPMENT AND COMMUNITY PROMOTION. Strengthen and maintain a businessfriendly environment, implement strategies that build upon existing efforts in business retention with a focus on vulnerable sectors and populations, pursue business attraction and commercial development especially on West Grand Avenue, expedite permit processing, and promote tourism and hotel development.

HOUSING AND HOMELESSNESS. Work with developers and non-profits in efforts to increase housing availability with a focus on affordable housing; continue partnerships with regional agencies and organizations to address homelessness and related sheltering issues in the city and region, including supporting completion and operation of temporary shelter facilities in the City.

PUBLIC SAFETY. Ensure quality police, fire and emergency medical services by providing proper support, including implementation of a new fire services structure and funding, training and leadership development resources to meet service demands and growing challenges in such areas as homelessness, behavioral health, and social justice; and continue to engage with regional agencies, local businesses and the community in these efforts.

STREET MAINTENANCE AND COMPLETE STREETS. Continue to complete Measure K-14 street improvements on arterials and local streets; create a maintenance plan and related funding for improved streets; pursue opportunities to design and build safer, more pedestrian and bicycle friendly “complete streets” by incorporating where feasible bicycle lanes, sidewalks, street lights, crosswalks, trees/landscaping and other traffic calming design strategies.

OTHER IMPORTANT GOALS
BUILDING AND FACILITY IMPROVEMENTS. Support city programs, operations and assets by ensuring that our public facilities, including parks and buildings, are maintained, improved and expanded to meet community needs into the future; strategically develop priorities and funding plans by evaluating deferred maintenance, safety, health, accessibility, energy, and long-term needs.

COMMUNITY ENGAGEMENT. Continue a strong commitment to transparency and public participation in our city government through existing and new programs, initiatives and events designed to encourage community members, including youth, engagement in key community decisions; formalize our practices by adopting and implementing a public participation plan and policies.

WATER SUPPLY AND RESILIENCY. Meet existing and long-term water needs through the Central Coast Blue recycled ground water project and other regional efforts and by continuing water conservation; identify other feasible strategies to ensure long-term water resiliency.

ADDRESS AS RESOURCES PERMIT
CITY AND SCHOOL PARTNERSHIP. Establish a framework for communication between city officials and local public TK-12 education partners' that operate within the city supporting a Community Schools model that provide benefits for our youth, families, and the community 24/7 through more intentional alignment. Maximize each jurisdiction’s existing facilities and programs in partnership that benefits all, and discuss potential parallel policy options for shared adoption.

CODE COMPLIANCE. Prioritize the City’s code compliance program to quickly and effectively enforce our existing ordinances, including tree related issues like maintenance and removal permits.

ENVIRONMENTAL SUSTAINABILITY. Pursue carbon neutral solutions to develop a greener Grover Beach through plans, policies and City operations.

Attachment 2
Agenda Item No. 4

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 13, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Matthew Bronson, City Manager
David Hale, City Attorney
SUBJECT: Introduction and First Reading of an Ordinance Repealing Chapter 14 of Article III (Public Welfare, Morals and Conduct); adding a new Chapter 14, 14.1 and 14.2; and Repealing Section 5210 of Chapter 2 of Article V (Sanitation and Health) of the Grover Beach Municipal Code to Regulate Camping and Vehicle Habitation on Public Rightsof-Way and Public and Private Property

RECOMMENDATION
Introduce and conduct a First Reading, by title only, an Ordinance repealing Chapter 14 of Article III (Public Welfare, Morals and Conduct); adding new Chapters 14, 14.1 and 14.2; and repealing Section 5210 of Article V (Sanitation and Health) of the Grover Beach Municipal Code to regulate camping and vehicle habitation on public rights-of-way and public and private property and schedule a public hearing for the Second Reading at the next regularly scheduled Council meeting. ____________________________________________________________________________

BACKGROUND
On January 23, 2023 the Council received an update on the City’s response to homelessness highlighting the City’s extensive efforts in supporting establishment of shelter spaces and engaging in encampment cleanups to address both the needs of homeless individuals along with overall community health and safety. Staff also shared with the Council a draft Ordinance that regulates the time, place, and manner of camping on public and private property given the current insufficiency of shelter space for homeless individuals in Grover Beach. In particular, the draft Ordinance sought to regulate vehicle habitation on public property and rights-of-way, vehicle camping on private property, and camping on City property. The Council directed staff to bring back this Ordinance to the Council for formal consideration this spring.

This Ordinance is shown in Attachment 1 and would repeal Chapter 14 of Article III in the Grover Beach Municipal Code and replace it with new Chapters 14, 14.1 and 14.2. The Ordinance would adopt a new set of regulations within Article III on the use of City property and public rights-ofway for camping. The City has not established to date a comprehensive set of rules to manage the use of public property by campers and homeless individuals with vehicles, the use of private property for vehicle habitation, or camping with tents on public and private property. This Ordinance would establish new guidelines for homeless use of both private and public property.

Chapter 14 sets forth standards for camping and survival sheltering on City rights-of-way and public and private property which will address issues such as fire risk, unsanitary conditions, trash, public safety hazards to people camping and neighboring business and community members, and environmental degradation, which have occurred with long term camping in the City.

Staff Report: Ordinance Regulating Camping & Vehicle Habitation on Public and Private Property Page 2 March 13, 2023
Chapter 14.1 regulates the use of vehicles for human habitation on public property. This section establishes a general restriction of vehicles for sleeping or habitation between the hours of 9 p.m. and 6 a.m. on City property and rights-of-way including public streets and parking lots. Individuals are not allowed to sleep in their vehicles within 200 feet of residential housing or 500 feet from schools. This Chapter does give the City Manager the authority to develop policies to define potential locations, streets, City parking lots or other public property that may be used for vehicle occupancy during the evening. This Chapter further establishes new regulations for homeless vehicle habitation while on private property, allowing it under limited defined ownership, limited duration and use regulations.

Chapter 14.2 sets forth regulations for use of public rights-of-way and City property for camping with tents and does not include regulations related to vehicles. The City Manager is authorized to establish areas within the city by policy where camping on public property or rights-of-way would be allowed or prohibited which would be necessary if camping was not allowed in designated areas. For those areas authorized for camping within the City Manager’s policy, the Chapter defines use of public property for a limited period of 24 hours after which time individuals will be required after notice to remove their camp. Individuals will be given a 72-hour grace period before the City will issue a citation for a violation and the camp must be moved at least 600 feet from the prior location. The Chapter further defines specific areas camping is prohibited and related setbacks from other uses including 200 feet away from residential housing.

Staff would recognize that initial direction from the Council on January 23 was to not specify areas of public property where camping would expressly not be allowed. Therefore, per Section 3997.6 camping would be allowed on all City-owned public property within limitations and prohibitions identified in the Ordinance as established by the City Manager’s defined policy. A draft of this policy will be provided to the Council as part of the public hearing and Second Reading of this Ordinance. Lastly, the Ordinance also defines general policies of enforcement with an emphasis on compassion and flexibility in handling the regulations and limitations. This is done in a manner to accommodate certain adjustments when dealing with disabilities under the Americans with Disabilities Act, where minor children are involved, and where an individual has employment obligations.

The proposed Ordinance is a product of a lengthy collaboration of many different City departments including the City Manager’s Office, City Attorney, Police Department, Public Works and Community Development Departments. Pending the Council’s introduction of the Ordinance under this First Reading, a public hearing for a Second Reading of the Ordinance to consider adoption would be held at the next regularly scheduled Council meeting on March 27. If adopted, the Ordinance would go into effect on April 27 when enforcement actions could begin. Other related actions taken over the next 30-60 days to limit access by homeless individuals to the El Camino Real open space include installation of fencing at the Margarita Avenue/Charles Street access point, “no parking” restrictions along North 4th Street near the city limits, and further access restrictions along El Camino Real.

FISCAL IMPACT
The proposed Ordinance does not create any immediate budget impacts. However, because the new code will create a new regulatory structure for managing public places, it is possible that engagement and enforcement of the new structure will require City staff resources. While no additional personnel are programmed at this time, the City intends to monitor implementation of the new code and will return to the Council for direction should staffing changes be needed.

Staff Report: Ordinance Regulating Camping & Vehicle Habitation on Public and Private Property Page 3 March 13, 2023

ALTERNATIVES
The Council has the following alternatives to consider:

1. Introduce and conduct a First Reading, by title only, an Ordinance repealing Chapter 14 of Article III (Public Welfare, Morals and Conduct); adding new Chapters 14, 14.1 and 14.2; and repealing Section 5210 of Article V (Sanitation and Health) of the Grover Beach Municipal Code to regulate camping and vehicle habitation on public rights-of-way and public and private property and schedule a public hearing for the Second Reading at the next regularly scheduled Council meeting;

2. Do not introduce and conduct a First Reading of the Ordinance; or

3. Provide staff with alternative direction.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Ordinance

ORDINANCE NO. 23-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA, REPEALING CHAPTER 14 OF ARTICLE III, AND ADDING NEW CHAPTERS 14, 14.1, AND 14.2 OF ARTICLE III AND REPEALING SECTION 5210 OF CHAPTER 2 OF ARTICLE V OF THE

GROVER BEACH MUNICIPAL CODE FOR THE ADOPTION OF THE CITY

RESPONSE TO HOUSELESSNESS, VEHICULAR HABITATION ON PUBLIC

PROPERTY, VEHICLULAR CAMPING ON PRIVATE PROPERTY AND

CAMPING AND PARKING ON CITY PROPERTY
WHEREAS, the City Council of the City of Grover Beach ("City") has considered the report from City staff and all public comment(s), if any, on the need to enact an ordinance in accordance prohibiting sleeping in vehicles on public property or in public rights-of-way, encampments at public parks, authorizing temporary overnight encampment at designated cityowned parcel(s) and regulating the camping on private property; and WHEREAS, the City finds that it has a legitimate and compelling interest in protecting the public health, welfare and safety of its residents, as well as preserving the same within the City, its parks and other public property; and
WHEREAS, the City has determined that an ordinance is necessary to protect the public health, welfare and safety of residents of the City, by enacting regulatory requirements for encampments and authorizing temporary overnight camping at designated City-owned parcel(s) and private property; and
WHEREAS, the City now desires to proceed with the process of enacting this ordinance for the purpose of protection of the public health, welfare and safety of its residents.

NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:

PART 1. Chapter 14 of Article III, (Sleeping or Camping in Certain Areas Prohibited), of the Grover Beach Municipal Code, is hereby repealed in total.

PART 2. New Chapters 14. 14.1 and 14.2 of Article III, (CITY RESPONSES TO HOUSELESSNESS) is hereby added to the Grover Beach Municipal Code as follows:

Attachment 1

Chapter 14

CITY RESPONSES TO HOUSELESSNESS

HOUSELESSNESS RESPONSE POLICY
Section 3997.1. Findings and Purpose
A. As its regional efforts continue, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with limited resources.

B. The City Council acknowledges the lack of nightly shelter beds and housing currently available regionally and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.

C. The City Council acknowledges that it is currently unavoidable that some people will live or shelter for survival outdoors until they are able to access affordable or free shelter or housing. In Grover Beach, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City property, and at times on other agency property such as the California Department of Parks and Recreation property.

D. Public rights-of-way and public property are generally intended for public use and travel.

The City Council is the authority for rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences. The City has had increasing concerns regarding safety due to camping on or in rights-of way and public property in or near streets, roads, sidewalks, and public access points.

E. Over the long term and working with other governmental agencies and non-profit organizations, the City’s goal is that people should not have to live outside and there should be safer options because long-term camping for survival sheltering outside is not a solution for people without houses.

F. The City owns extremely limited property where camping can or should be allowed. City utility properties (stormwater, water, sewer) are sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.

G. It is the purpose and intent of the City Council to provide standards for camping and survival sheltering on City rights-of-way and public property, which are intended to be as compatible as possible with the needs of everyone in Grover Beach to be healthy, safe, and have access to public places. Smaller sites support the safety of people who are camping for survival on public property.

H. It is the purpose and intent of the City Council to provide standards for camping and survival sheltering on City rights-of-way and public property which will address issues

such as fire risk, unsanitary conditions, trash, and public safety hazards to people camping and neighboring businesses and community members, and environmental degradation, which have occurred with longer-term camping in the City.

I. It is the intent of the City to evaluate each removal of a campsite in light of the criteria in Section 3997.9 and with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources.

The City will use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate.

J. When the City of Grover Beach removes a camp or closes a location people are sheltering in the public right-of-way or on public property, it will post notices a minimum 72-hours prior to the closure so everyone that would be affected by the move will have adequate notice, except in cases of exceptional emergency or criminal activity, as allowed by state law and set forth in this Chapter 14. The City looks for the safest options for cleaning the camp, often hiring a contract company that uses best practices and safe collection and works with service providers to minimize harm. Unless there is a public health or safety reason for emergency removal, service providers or other community resources will be notified in advance to be on hand for support and outreach ahead of time, consistent with State law.

Chapter 14.1
Section 3997.2. Use of Any Vehicle for Human Habitation on Public Property A. It is unlawful for any person to use a vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle for human habitation or left parked for storage on any public street, city parking lot, city right-of-way or public property, as follows:

1. Between the hours of 9:00 p.m. and 6:00 a.m.; and

2. At any time, within 200 feet of a residence, meaning a building used for living, including a house, condominium, apartment unit, or other similar dwelling unit affixed to real property; and

3. At any time, within 500 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. School for purposes of this section does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

4. For purposes of this section, evidence of human habitation may include observations, considering all the circumstances, that a person is using a vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle for: sleeping; bathing; preparing or cooking meals; possessing or storing

items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping gear, food, water, personal grooming items, or containers of feces or urine. Evidence of human habitation also may include observations, considering all the circumstances, that: a person has obscured some or all of the windows; there is litter, rubbish, or waste in or around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle; there is furniture set up in or around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; or there is evidence of human urination or defecation around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle.

B. This Section shall not apply if the street, city parking lot, city right-of-way or public property is specifically authorized by the City Manager, or designee, as defined here to be used for vehicular habitation. The City Manager may further establish policies to set the terms and conditions of any vehicular habitation in addition to the conditions and limitations contained within subsection (A) herein.

Section 3997.3. Overnight Camping on Private Property
A. Notwithstanding any other provision of this code or the Grover Beach Development Code, a total of three vehicles per parcel, may be used by people who lack access to permanent or safe shelter and who cannot obtain other housing for overnight camping in a parking lot or paved or gravel surface of a parcel of any size owned or leased by a religious institution, nonprofit, or a business, with permission of the property owner and lessee, and only after being issued a city permit by the Community Development Department.

B. A property owner or lessee who allows overnight camping on a property pursuant to this section shall:

1. Provide persons camping overnight with access to sanitary facilities, including but not limited to toilet, hand washing and trash disposal facilities at all times people are authorized to be present for overnight camping.

2. Not require payment of any fee, rent or other monetary charge for overnight camping authorized by this section.

3. Restrict the use of owner’s or lessee’s property for no longer than 72 hours for each vehicle.

4. Not allow the dumping of waste water or trash on the property unless sufficient city approved receptacles are available.

5. Not allow for the storage of personal property beyond six feet immediately adjacent to the vehicle.

6. Not allow for on-site storage of personal property when the personal property owner is no longer staying on the property being used for camping.

C. A property owner who permits overnight camping pursuant to this section may revoke that permission at any time and for any reason. Any person who has permission to sleep on that property as provided in this section shall leave the property immediately after permission has been revoked.

D. The provisions of this section are not intended to limit or otherwise change any land uses that may be permitted on property under the Grover Beach Development Code.

E. This section shall not apply when the camping by tent or other removable structure is by minor children, under the direct care and supervision of a parent or guardian who is related to, or visiting the owner of such property or the lessee of such property or the person in lawful possession of such property. This exception is only intended to cover short term and temporary camping in no event longer than three days.

Chapter 14.2

USE OF PUBLIC RIGHTS-OF-WAY AND CITY PROPERTY FOR CAMPING Section 3997.4. Purpose and Scope
This Chapter is intended to balance and prioritize several interests: recognition of the essential human dignity of everyone in the City of Grover Beach; the need to have safe and orderly conditions in City rights-of-way and public property for the safety and benefit of everyone in Grover Beach; the right of everyone in Grover Beach to have shelter for sleep and safety; and respect for public spaces and public property in service to the entire community.

With this in mind, this Chapter is intended to regulate the use of public rights-of-way and City property to protect and preserve public places for their designed and intended purposes, while also making them available for shelter and sleeping by people who have no other options for shelter.

The City recognizes that surviving on City streets is typically an option of last resort. This Chapter and the City’s enforcement efforts will be focused on mitigating the impacts to public health and safety that can arise from survival camping in public places.

Section 3997.5. Definitions
A. To "camp", “tent camp” or the act of "camping" means to pitch a tent, use, or occupy camp materials or a camp for the purpose of occupancy, habitation, or sheltering for survival, and in such a way as will facilitate sleeping or storage of personal belongings, carrying on cooking activities, taking measures to keep protected from the elements

including heat and cold, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep. A “camp” is a location where people camp or are camping.

B. “Camp materials” may include, but are not limited to, tents, chairs, tarps or tarpaulins, cots, beds, sleeping bags, blankets, sleeping or bedding materials, food or food storage items, and/or similar items that are or appear to be used as living and/or sleeping accommodations, or to assist with living and/or sleeping activities.

C. “City property” includes all real property, land and public facilities owned, leased (either to the City or by the City), controlled, or managed by the City of Grover Beach including City parking lots or parking structures, but excluding City owned or managed rights-ofway.

D. “Established campsite” means a location or locations in the public right-of-way or on City property where a camp, camps, and/or camp materials have been set up for twenty-four (24) hours or more.

E. Note: “camp”, “camping”, “camp materials”, “tent camps” and “established campsite” do not include vehicles, automobile, or recreational vehicles used for shelter and/or sleeping on public property or tents on private property, which are regulated in Sections 3997.2, or 3997.3. “City parking lot or parking structure” is a type of City property and means a developed or undeveloped area or facility owned, maintained, and/or leased by the City that is designated and/or used for parking vehicles.

F. “Public rights-of-way” means all City-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. Public rights-of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular, pedestrian, utilities or other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.

G. Transportation Facility Loading Area shall be defined as that area within 200 feet of where trains, busses or any form of public transportation loads or unloads passengers.

Section 3997.6 Camping Prohibited on City Property
It is prohibited at all times for any person to use City property or rights-of-way to camp or for camping or for the purpose of occupancy, habitation, or sheltering for survival unless otherwise authorized in this Chapter, provided that the City Manager may, in their discretion, designate certain City properties or portions of properties or rights-of-way as exclusive areas where camping for sheltering and/or sleeping may be allowed on a limited basis, and may set the terms and conditions of any camping use that may be allowed. Any use of City property or rights-orway will follow the applicable processes, including, where applicable, the Grover Beach Development and/or Municipal Code.

Section 3997.7 Time, Place and Manner Regulations
A. People who do not have any other permanent residence or domicile and/or are involuntarily homeless are not prohibited from camping on public property or rights-ofway, provided camping is occurring in compliance with the following time, place and manner regulations and consistent with any administrative rules and policies promulgated by the City Manager, or designee, in accordance with Section 3997.6.

B. Time

1. Unless otherwise specified, any camping or camp, where allowed, may only occur for 24-hours at a time in any one location. After a camp has been in one place for 24-hours or more, the City may post notice at the location that the camp, and all associated camp materials, must be removed no more than 72 hours later and all personal property remaining will be removed, as described in Section 3997.9.

2. After 24-hours in one location, the camp and all associated camp materials must be moved at least one block or 600 feet.

3. Enforcement of time restrictions may be suspended when an individual does not have access to shelter and when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual’s disability, as further set forth in the City’s comprehensive administrative policy implementing this Chapter 14 adopted by the City Manager, or designee.

C. Place.

1. In addition to the prohibition on camping on City property in Section 3997.6, camping is not allowed at any time in any of the following places:
a. Any area zoned Residential (R1, CR1, CPR1, R2, CR2, R3, CR3) on the City of Grover Beach Zoning Map in effect at the time.1 b. Within any residential Overlay Zone, as determined by the City of Grover Beach Zoning Map and Grover Beach Development Code.
c. Any place where camping, a camp, or camp materials create a physical impediment to emergency or non-emergency ingress, egress or access to property, whether private or public, or on public sidewalks or other public 1 Zone changes amend the City of Grover Beach Zoning Map but may not always be evident on the most recently published version of the map. The formal zoning designation of an area will control even if not reflected on the most recently published map. For public rights-of-way adjacent to properties with different zoning designations, the designation that is more restrictive for purposes of this Chapter will govern the use of that segment of the right-of-way.

rights-of-way, including but not limited to driveways providing access to vehicles, and entrances or exits from buildings and/or other real property. d. Any vehicle lane, bicycle lane, or roundabout within any public right-of-way or Transport Facility Loading Area, as defined in Section 3997.5. e. Within 1000 feet from any shelter approved under the Grover Beach Development Code and/or any applicable provision of state law. f. On any street or public right-of-way, the City has closed to camping due to construction, heavy vehicle use, or other use of the roadway that is incompatible with camping in the right-of-way. The City does not need to close a street to vehicle traffic or to close a street to camping under this section.
g. At any time, within 200 feet of a residence, meaning a building used for living, including a house, condominium, apartment unit, or other similar dwelling unit affixed to real property.

D. Manner

1. Camping, when and where allowed, is subject to all of the following:
a. Individuals, camp materials, camps, or personal property may not obstruct sidewalk accessibility or passage, clear vision, fire hydrants, City or other public utility infrastructure, or otherwise interfere with the use of the right-ofway for vehicular, pedestrian, bicycle, or other passage. b. A camp or camping must be limited within a spatial footprint of 12 feet by 12 feet, or 144 square feet. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended. c. To prevent larger camping sites from forming and the impacts that can result, no more than three camps may be set up per block. If there are any camps set up on a particular block, no other camp may be within 150 feet of any of those camps, including but not limited to across the street or on another block face. A group of up to three camps may not be within 150 feet of any other group of camps.
d. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights-of-way, on City property, or on any adjacent public or private property.

e. Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Five Cities Fire Authority, or the Grover Beach Police Department are prohibited. Types of cooking stoves and other devices for keeping warm are permitted, as allowed by adopted City policies.
f. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes but is not limited to city streets, public rights-of-way, and storm drains, which are not intended for disposal of gray water or black water.
g. Unauthorized connections or taps to electrical or other utilities, or violations of Building, Fire, or other relevant codes or standards, are prohibited. h. Connections or taps to electrical or other utilities, that cross over City property, roadways, driveways, streets, sidewalks, and fences are prohibited.
i. Obstruction or attachment of camp materials or personal property to fire hydrants, utility poles or other utility or public infrastructure, fences, trees, vegetation, vehicles, or buildings is prohibited.
j. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents, and similar items used for shelter that are readily portable are not structures for purposes of this section.
k. Storage of personal property such as vehicle tires, bicycles or associated components (except as needed for an individual’s personal use), gasoline, generators, lumber, household furniture, extra propane tanks, combustible material, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry.
l. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited. m. All animals must be leashed or crated at all times. Dogs must be licensed with San Luis Obispo County Animal Services.

Section 3997.8 Enforcement
A. The City Manager, or designee, is specifically authorized to modify or suspend enforcement of any section or element of this Chapter in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Manager’s authority, regardless of whether an emergency has been declared.

B. The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances.

C. Enforcement should be tailored for various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with the code, or for other reasons that may support discretion in enforcement.

D. Methods of enforcement for violations of this Chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. However, the intent of the City is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved. To that end, violations of this Chapter should only result in citations or arrest when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation.

Section 3997.9 Violations
A. A citation for a violation of Chapters 14, 14.1 or 14.2 (collectively referred to in this Section as “Chapter”) will be for an infraction. At the City’s discretion, it may issue Administrative Citations under Article 1, Chapters 4 and 5. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation.

B. Before a citation is issued, the enforcement personnel will contact the person and provide a reasonable opportunity to cure or remedy the alleged violation. In most cases, enforcement personnel will assess whether the person subject to citation has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made. The following will be communicated to the person in a manner designed to help them understand the issue or problem:

1. A description or identification of the activity constituting the alleged violation and identification of the recipient as being the person responsible for the violation.

2. A written or verbal statement that the enforcement personnel has determined the activity to be a violation.

3. A written or verbal statement of the action required to fix the violation and the time and/or date by which the violation must be fixed; and

4. A written or verbal statement advising that if the violation is not fixed within the time specified, a citation will be issued and that a civil penalty in the maximum amount provided for the particular infraction or administrative citation may be imposed.

C. A violation of this Chapter may result in the removal and/or clean-up of the camp or camps, camp material, or other personal property that are creating or contributing to the violation(s), typically after a request for voluntary compliance has been made as described in Section B, above, except in the case of an exceptional emergency, such as possible site contamination by hazardous materials or when there is danger to human life or safety or illegal activities, where removal can be immediate or be accomplished more quickly, depending on the severity of the situation. Any camp, camp materials, or personal property in violation of any of the standards in this Chapter may be removed or cleaned-up by the City or its designated contractors, subject to the requirements of storage of personal property and notice of storage described in Section E, below. Camps in violation will generally be prioritized for removal or clean-up based on factors such as risks and negative impacts to public health and safety and repeated violations of this chapter. A camp may be subject to removal or citation, or both.

D. Upon a determination by enforcement personnel that a camp or camping is occurring in violation of this Chapter, an established campsite may be removed pursuant to the following procedures:

1. Prior to removing an established campsite on public rights-of-way or City property, at least 72-hours in advance, except in the case of exceptional emergency or criminal activity, the City must post notice at the location that the campsite must move and all personal property remaining will be removed and must inform local agencies that deliver services to homeless individuals where the notice has been posted that such notice has been posted.

2. A campsite may be removed for violation of this chapter without posting a 72-hour notice:
a. When there are probably cause for law enforcement officials to believe that illegal activity, other than camping, is occurring on the campsite or in the immediate vicinity of the campsite, or the property that comprises the campsite is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or in the event of an exceptional emergency, such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety. If the danger to

human life or safety can be reduced by moving the established campsite to a safer location, such as an adjacent landscape strip, the campsite should be moved rather than removed.

3. Once the 72-hour notice has been posted, the City may act on the notice and remove the campsite beginning 72 hours after posting and for up to ten (10) days following the posting.

4. After a camp has been removed subject to a 72-hour notice or under circumstances when no advance notice is required, the camp and all associated camp facilities must be moved at least one block or 600 feet, whichever is greater, and the City may order that no camp be set up in that same location or a 100-foot radius for up to 30 days. The City will post signs informing the public that camping is prohibited at the location.

5. When removing individuals and property from an established campsite, personnel will make reasonable efforts to remove individuals without the use of force, arrest, or citation. No person may be arrested or cited for failing to move under this Chapter prior to being asked by City personnel to move.

6. When removing personal property, the City will make reasonable efforts to determine if the property belongs to an individual and has any apparent utility. The City will make reasonable efforts to identify which established campsite property was removed from, to aid in connecting people with their property. Items that are perishable, or that have no apparent use, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and need not be stored.

7. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be given to law enforcement officials.

Items that appear to have a value of $1,000 or more shall be stored for storage and safekeeping and shall be made available as described in Section E., below.

8. Following removal of personal property from City property or right-of-way, the City must post a notice at or as near as possible to the location the property was collected and on the City’s website, stating where the personal property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.

E. Personal property or camp materials may be removed from City rights-of-way, City property, or a camp or campsite if in violation of the provisions of this Chapter.

F. Personal property removed from City rights-of-way or City property and unclaimed at the time of removal will be stored by the City for a minimum of ninety (90) days, or the duration required by law at the time of the removal.

1. Items that are perishable, that have no apparent use, are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.

2. The City will store personal property at or near one of the City business locations, where people can reasonably retrieve belongings.

3. The City will make reasonable efforts to provide a range of times the storage location will be available for people to collect their personal property. The City may dispose of any personal property that remains unclaimed after ninety (90) days, or such duration as required or allowed by law.

PART 3. Section 5210 of Chapter 2 of Article V (Sanitation and Health) is hereby repealed in total.

PART 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.

PART 5. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.

PART 6. Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.

INTRODUCED at a regular meeting of the City Council held on March 13, 2023, and PASSED, APPROVED, and ADOPTED by the City Council on ______________, on the following roll call vote, to wit:

AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
________________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
DAVID P. HALE, CITY ATTORNEY
**DRAFT**
Agenda Item No. 5

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 13, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: Award of Professional Design Engineering Services for Street Rehabilitation and Repair Projects (CIP 2295-16 and 17)

RECOMMENDATION
Authorize the City to enter into a Consulting Services Agreement in an amount not to exceed $426,480 with Rick Engineering for design phase services, bidding phase services, and postdesign services during the construction phase of CIP projects 2295-16 and 2295-17, Street Rehabilitation and Repair Projects; authorize the Budget Amendment Request to advance the funds budgeted in FY 2023-24 to this fiscal year; authorize the Director of Public Works to negotiate contract amendments not to exceed $40,000 if needed; and authorize the Mayor to execute the agreement on behalf of the City.

BACKGROUND
The Public Works Department requested proposals from three of the seven firms on the Street and Roadway Design Services shortlist (RICK, Cannon and North Cost Engineering). The department did not request proposals from other firms that currently have an open contract for design work for the City (BKF, Wallace, AKA and GHD). This RFP is unique in that it combines two projects for the design effort which will involve preparation of two separate bid packages but possible merger of some design scope tasks. The street segments for each project are listed below along with the number of blocks in parenthesis:
2295-16
• Ramona: N. 10th to N. 14th (4)
• Front: Newport to Parkview (3)
• Saratoga: N. 8th to Front (8)
• Beckett: Brighton to Newport (1)
• N. 2nd: Newport to Saratoga (1)
• N. 2nd: Atlantic City to Park View (1)
2295-17
• N. 9th: West Grand to Atlantic City (5)
• N 11th: West Grand to Ramona (1)
• N 12th: West Grand to Newport (3)
• Brighton: N. 10th to N. 13th (3)
• Ramona: 16th to Oak Park (2)
• Alma Ct: (1)
• Moss Ct: (1)
Staff Report: Award of Professional Design Engineering Services for CIP 2295-16 and 17 Page 2 March 13, 2023
The City received proposals from the three firms. Of the three firms, RICK Engineering provided the most thorough proposal with an in-depth investigation into the project. This firm has best captured the intent of combing the design effort. Their number of working hours indicates the consultant has consolidated some of the initial design tasks and they will provide the best product for the City, especially with this combined design effort.

Rick Engineering identified a base budget of $386,480 to complete the items identified in the RFP scope of work. Staff is recommending a contingency budget of $40,000 for services that may be required including detailed site survey work, additional detailed geotechnical exploration, and potholing of underground utilities. Staff recommends the Council authorize the Director of Public Works to negotiate contract amendments for these contingency services. Additional services will only be performed upon written authorization. The aggregate sum of the base budget and contingency budget are within the budget allocated for design engineering services for the two projects.

FISCAL IMPACT
Total funding allocation for CIP projects 2295-16 and 2295-17 including design and construction costs is included in the draft CIP for fiscal year 2023-24 to be presented to the Council on March

27. Funding for this design work will be provided from Measure K-14 bond funding. Staff recommends the Council approve a budget amendment request to advance the funds to this fiscal year. The total estimated budget is not to exceed $426,480, which is within the existing budget for FY 2023-24 and the balance of Measure K-14 bond funds is sufficient to allow for the recommended budget amendment.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Authorize the City to enter into a Consulting Services Agreement in an amount not to exceed $426,480 with Rick Engineering for design phase services, bidding phase services, and post-design services during the construction phase of CIP projects 2295- 16 and 2295-17, Street Rehabilitation and Repair Projects; authorize the Budget Amendment Request to advance the funds budgeted in FY 2023-24 to this fiscal year; authorize the Director of Public Works to negotiate contract amendments not to exceed $40,000 if needed; and authorize the Mayor to execute the agreement on behalf of the City; or

2. Do not authorize the City to enter into a Consulting Services Agreement and other actions related to this design work; or

3. Provide alternative direction to staff.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Map of 2295-16

2. Map of 2295-17

3. CIP 2295-16 and CP 2295-17 Design Agreement
Project #2295-16
Project identified by City Council 7/20/2020
Design and Construction schedule TBD
STREET LIST:

1. North 2nd Street, Saratoga Avenue to
Newport Avenue, Atlantic City to Park View

2. Beckett Avenue, Brighton Avenue to Newport
Avenue

3. Front Street, Newport Avenue to Parkview
Avenue

4. Ramona Avenue, North 10th Street to North 14th
Street

5. Saratoga Avenue, Front Street to North 8th
Street
Attachment 1
Project #2295-17
Project identified by City Council 8/23/2021
Design and Construction schedule TBD
STREET LIST:

Alma Court
Brighton Avenue, N. 10th Street to N. 13th Street
Moss Beach Court
Ramona Avenue, N. 16th Street to Oak Park Boulevard
North 9th Street, West Grand Avenue to Atlantic City Avenue North 11th Street, West Grand Avenue to Ramona Avenue
North 12th Street, West Grand Avenue to Newport Avenue

AGREEMENT

CITY OF GROVER BEACH, CALIFORNIA

PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES MEASURE K-14 STREET REPAIR AND REHABILITATION, CIP 2295-16 and 2295-17 THIS AGREEMENT is made and entered into effective the 13th day of March 2023, by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and RICK ENGINEERING COMPANY (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, CITY desires to obtain professional construction design services for the Measure K-14 Street Repair and Rehabilitation Project, CIP 2295-16 and CIP 2295-17, 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 professional design services 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 $386,480.

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 Attachment 3
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 III. 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 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 threedimensional 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.

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 fault 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
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 that 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/subconsultant 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 (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.

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 shall 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 10(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 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 shall 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.

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, Gregory A. Ray, PE, Public Works Director/City Engineer, 154 South Eighth Street, Grover Beach, CA 93433
(b) CONSULTANT: Rick Engineering Company, Thomas E. Martin, PE, Associate Principal, 160 Marsh Street, Suite 150, San Luis Obispo, 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.

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 agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.

AGREEMENT SIGNATURES

CITY OF GROVER BEACH, CALIFORNIA

PROFESSIONAL CONSULTANT SERVICES
MEASURE K-14 STREET REPAIR AND REHABILITATION, CIP 2295-16 and CIP 2295-17 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first written above.

CITY OF GROVER BEACH
Karen Bright, Mayor Date
Attest:

Wendi Sims, City Clerk Date
Approved as to Form:

David P. Hale, City Attorney Date

RICK ENGINEERING COMPANY
Thomas E. Martin, PE, Associate Principal Date
Attachments:

1. Attachment A - Scope of Services and Fee Schedule

2. Attachment B - Insurance Requirements

3. Attachment C - Disclosure of Conflict of Interest

ATTACHMENT A

PROFESSIONAL CONSULTANT SERVICES

CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023

It is anticipated that utility facilities may be encountered during design and construction that warrant coordination with their relevant owners. We understand the importance of identifying and resolving these potential conflicts as early as possible. With that in mind we intend to compile a list the visible, surveyed above ground and underground utilities (provided by City Atlas and purveyors) that will be identified in our design and construction documents. If potential conflicts are identified, we will pothole and locate the affected utility facilities and coordinate necessary relocations with the pertinent owners.

As indicated in the Request for Proposal we understand the City is interested in minimizing pavement surface assets where it is deemed appropriate by City staff in order to reduce recurring maintenance costs.

Additionally, we understand that the City may provide waterline upgrade improvements to the design team for inclusion in the construction documents for bidding.

A site visit was conducted to review existing conditions at each of the proposed project locations and to consider the scope of proposed improvements. The results of this field review are reflected in the proposed limits and work shown in Attachment A. Additionally, we have relied on our previous work and collaborations with City staff to inform our scope and project approach on the CIP 2295-16 and 2295-17 projects below.

WORK APPROACH
The following scope of work was developed in accordance with the work outlined in the Request for Proposal and our previous work with the City.

TASK 1 – Project Management and QA/QC
RICK will perform the following project management duties: management of subconsultants, regular phone and email communications with the City’s Project Manager, development and maintenance of a design schedule, regular monthly invoicing including monthly progress reports, development and execution of action item logs following team meetings.

This task includes maintaining communications with the City and team members throughout the design, bid, and construction phases. Additionally, the RICK team will organize and attend an initial site visit with City staff, organize and attend a kickoff meeting, and participate in weekly design coordination meetings or conference calls. A weekly 30-minute conference call with the RICK and City Project Manager is expected during the design phase to convey the status of the design and to resolve questions and design issues. Provide technical assistance in answering City, contractor, construction manager, landowner, and utility owner questions during the project.

RICK has developed an internal Quality Assurance and Control (QA/QC) Plan to be applied to relevant project documents prior to submittal. RICK and subconsultants will apply the QA/QC Plan throughout the duration of the project consistently to relevant submittals. At a minimum, the plan will be applied to design calculations, plan checks, design checklists, and project studies and/or reports.

Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023

The estimate work includes the following for both projects combined:
• Topographic Survey
o Field Work (Two-man crew at prevailing wage rates)
▪ 16 Days
o Office Work – Processing and Drafting
▪ 18 Days
• Boundary Survey & Pre-Construction Record of Survey (±40 CL Monuments and ±100 Right of Way Monuments at Intersections)
o Field Work (Two-man crew at prevailing wage rates)
▪ 12 Days
o Office Work – Boundary Research, Drafting of Record of Survey ▪ 16 Days
B. Utility Coordination
The RICK team will coordinate with overhead and underground utility providers project-wide and incorporate their as-constructed and/or atlas information into the topographic survey with the pertinent information provided by the utility facility owners, including City owned facilities. Prior to collection of the topographic survey, the RICK team will submit a ticket to DigAlert for the relevant project streets to mark and collect field identified locations when topographic survey is completed.

If potential utility conflicts are identified, RICK will coordinate relocations and/or adjustments of the affected facilities prior to the beginning of construction.

TASK 3 – Preliminary Plans and Cost Estimate
Following the completion of topographic and base mapping, the RICK team will prepare preliminary conceptual plans based on existing conditions for review and approval by the City. The preliminary plan submittal will include a planning level cost estimate using current bid results for similar projects and Caltrans database information.

The conceptual plans will be subject to an internal QA/QC review and submitted to the City for review and approval prior to commencing with the draft plans, specifications, & estimate to ensure cost effective and timely delivery of the project.

TASK 4 – 9
th Street Drainage Assessment
RICK will prepare a drainage study for storm drain facilities design for North 9th Street between Grand Avenue and Atlantic City Avenue. The study will be consistent with the City of Grover Beach Standards and Specifications, dated June 5, 2016. The report will address all the on-site drainage and only the offsite drainage which is tributary to the project boundary.

Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023

More specifically, we will prepare and submit to the City one (1) Drainage Study letter report for the design of storm drain facilities within North 9th Street. Calculations and design included are: rational method hydrologic calculations for the 100-year storm event, street capacity conveyance analysis, and the design and sizing of inlets and a storm drain system in North 9th Street to meet the City’s design requirements.

It is anticipated that the proposed storm drain system will tie-into the existing and/or proposed storm drain system in Grand Avenue and that the as-built plans as well as design calculations for the system will be provided to RICK. It is assumed that the storm drain system was designed to intercept the flow from North 9th Street. Therefore, no analysis of the existing system downstream is anticipated and the starting HGL for this analysis will be taken from the design calculations for the existing system.

This task includes preparing drainage study maps and preparing the letter report summarizing the calculations performed.

A map of the City’s drainage watersheds (Hydrology) and our assumed street flow area (Hydraulics) is shown for reference in Attachment C.

TASK 5 – Plans, Specifications, & Estimate (PS&E)
It is anticipated that the City will provide comments on the preliminary plans and estimate in written form.

Following review and approval of the preliminary plans and estimate, RICK will prepare the project plans, specifications, and cost estimate.

As provided by the City, water and/or sewer utility improvements will be incorporated into the PS&E documents in each subsequent submittal.

PS&E documents will adhere to the City’s Post Construction process and the requisite Post Construction supporting documentation will be submitted to the City to ensure compliance with Regional Water Quality Control Board (RWQCB) requirements. Additionally, the appropriate mitigation measures will be incorporated into the project plans to comply with City and/or RWQCB requirements. Based on previous project experience, removal and reconstruction of pavement is not considered by the City to be “new impervious surface” to be treated with post construction facilities.

A. First Draft (75% PS&E)
Based on the approved preliminary configuration the RICK team will finalize the draft design, prepare draft plans, draft technical specifications based on Caltrans 2010 Standard Specifications, and a draft engineer’s estimate. The engineer’s estimate will utilize the most recent unit price data available from similar public works projects recently bid within the city of Grover Beach or relevant projects within SLO County. During this task, RICK will perform an in-house quality control review. Hard copies and an electronic set of plans and technical specifications will be submitted to the City for review.

It is anticipated that the City will provide any sewer or water utility improvements as outlined above for inclusion in the draft plans, specifications and estimate. The following plan sheets are anticipated for each of the two projects:

Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023

• Title and Location Map .................................................................. 1 sheet • Typical Cross Sections.................................................................... 1 sheet • Survey Control ............................................................................... 1 sheet,1” = 100’ scale • Plan & Profile Sheets...................................................................... 18 sheets, 1” = 20’ scale • Construction/Ramp Details............................................................ 10 sheets, 1” = 5’ scale • Utility Plans.................................................................................... 2 sheets, 1” = 50’ scale • Pavement Delineation and Sign Plans ........................................... 4 sheets, 1” = 20’ scale • Standard Plans and Details............................................................ 2 sheets, NTS Total sheets anticipated per Project: 39
If required, draft design exceptions for any curb ramps within the project limits that cannot feasibly meet ADA requirements shall be prepare and submitted to the City.

B. Final Draft (100% PS&E)
Following the receipt of any written comments from the City pertaining to the draft PS&E, RICK will finalize the design and prepare final PS&E construction documents for bidding.

During this task, RICK will perform its final in-house quality control review. Hard copies and an electronic set of plans and technical specifications will be stamped, signed, and delivered to the City for bidding as requested in the Request for Proposal.

As needed, final design exceptions for any curb ramps that cannot feasibly meet ADA requirements shall be prepare and submitted to the City for future records.

TASK 5 – Bidding Support
RICK will provide assistance during bidding of the construction documents including responding to technical Requests for Information (RFIs) from bidders and preparing addenda to the PS&E documents that may result from RFIs. We have budgeted 64 hours for both the Project Manager and Engineering Designer for this task.

RICK will attend a pre-bid meeting if requested by the City. We have budgeted 4 hours for this task.

TASK 6 – Construction Support
RICK will provide assistance throughout the duration of construction of the project including attendance at a pre-construction meeting, general interpretation of plans and specifications, review and comment on shop drawings, response to RFIs, construction site observations, and development of plan revisions as needed. We have budgeted 30 hours for the Project Manager and 50 hours for the Engineering Designer for this task.

ESTIMATED FEES
Pursuant to the Request for Proposal, a separate fee estimate is included as an attachment for review.

Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023

ASSUMPTIONS AND EXCLUSIONS
The following exclusions apply to this proposal:

1. Electrical design, if applicable.

2. Sewer and water utility design.

3. County application and recording fees.

4. Services not included in the scope above.

Proposal for Design Services for Measure K-14 CIP 2295-16, 17 February 15, 2023

SCHEDULE
The schedule below represents milestones that align with the City’s preliminary schedule listed in the Request for Proposal assuming an award date two weeks after the proposal is submitted. Actual milestone dates will be determined after project kickoff and will be coordinated with the City and project team. Note that the RFP and City’s goals for bidding are July 2023 (2295-16) and Fall 2023 (2295-17). Expediting of this schedule is possible if the City’s goals are more aggressive than the schedules below.
2295-16 Project
Item Duration Estimated Finish Date
Council Award - Monday, Feb 27, 2023
Project Initiation 1 week Monday, March 6, 2023
Utility Coordination 4 weeks Monday, Apr 3,2023
Surveying 4 weeks Monday, Apr 3,2023
Preliminary Plans and Estimate 4 weeks Monday, May 1, 2023 First Draft (75% PS&E) 7 weeks Monday, June 18, 2023
Final Draft (100% PS&E) 3 weeks Wednesday, July 12, 2023 Bid Support Ongoing Ongoing
Construction Support Ongoing Ongoing
2295-17 Project
Item Duration Estimated Finish Date
Council Award - Monday, Feb 27, 2023
Project Initiation (Shift for 2nd
Project) 1 week Monday, May 8, 2023
Utility Coordination 4 weeks Monday, June 5, 2023
Surveying 4 weeks Monday, June 5, 2023
Preliminary Plans and Estimate 4 weeks Monday, July 3, 2023 First Draft (75% PS&E) 7 weeks Monday, August 21, 2023
Final Draft (100% PS&E) 3 weeks Tuesday, September 12, 2023 Bid Support Ongoing Ongoing
Construction Support Ongoing Ongoing
This schedule is preliminary. RICK Engineering will endeavor to meet each target date given the initial project conditions remains as prescribed in the Request for Proposal. If notice to proceed and/or start of work is delayed for any reason beyond sixty (60) days, it is understood by the parties that the above schedule will be adjusted accordingly, and the terms and conditions contained herein are subject to change.
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February 15, 2023
Task Description U/M Est. Qty Rate Extended Price
Associate Principal HR 4 $ 260.00 $ 1,040.00
Principal Project Engineer HR 24 $ 220.00 $ 5,280.00
Assistant Engineering Designer HR 16 $ 135.00 $ 2,160.00 Associate Principal HR 16 $ 260.00 $ 4,160.00
Principal Project Engineer HR 50 $ 220.00 $ 11,000.00
Subconsultant - (Cost +OH MU) LS 1 $ 121,160.00 $ 121,160.00 Principal Project Engineer HR 16 $ 220.00 $ 3,520.00
Assistant Engineering Designer HR 32 $ 135.00 $ 4,320.00 Associate Principal HR 4 $ 260.00 $ 1,040.00
Principal Project Engineer HR 48 $ 220.00 $ 10,560.00
Assistant Engineering Designer HR 48 $ 135.00 $ 6,480.00 Associate Principal HR 2 $ 260.00 $ 520.00
Principal Project Engineer HR 24 $ 220.00 $ 5,280.00
Assistant Engineering Designer HR 30 $ 135.00 $ 4,050.00 Associate Principal HR 12 $ 260.00 $ 3,120.00
Principal Project Engineer HR 80 $ 220.00 $ 17,600.00
Principal Engineering Designer HR 240 $ 165.00 $ 39,600.00 Assistant Engineering Designer HR 280 $ 135.00 $ 37,800.00 Associate Principal HR 16 $ 260.00 $ 4,160.00
Principal Project Engineer HR 160 $ 220.00 $ 35,200.00
Principal Engineering Designer HR 96 $ 165.00 $ 15,840.00 Assistant Engineering Designer HR 200 $ 135.00 $ 27,000.00 Principal Project Engineer HR 36 $ 220.00 $ 7,920.00
Assistant Engineering Designer HR 32 $ 135.00 $ 4,320.00 Principal Project Engineer HR 30 $ 220.00 $ 6,600.00
Assistant Engineering Designer HR 50 $ 135.00 $ 6,750.00 $ 386,480.00
EST. CONSTRUCTION COST $ 4,200,000.00
% OF CONSTRUCTION COST 9.2%
City of Grover Beach
CIP 2295-16 & 17 Measure K-14 Street Repair

FEE ESTIMATE
Kick-Off Meeting, Site Visit, Monthly Team Meetings & QA/QC TASK 1
Project Management
and QA/QC
Weekly and Monthly Coordination with City
TASK 5
Bidding
Support
Pre-Bid RFIs, Addenda, Bid Review & Evaluation
TASK 3
Preliminary
P&E
Utility Coordination
Initial Conceptual Design & Collaboration with City
TASK 2
Topo Survey
and Utility
Coord
Topographic Survey & Monument Research
First Draft (75% PS&E)
Final Draft (100% PS&E)
TASK 4
Plans, Specifications, & Estimate
(PS&E)
Hydrology and Hydraulics
TASK 4
9th St
Drainage
Total Design Estimate
TASK 6
Construction
Support
Construction RFIs, Submittals & Record Drawings

ATTACHMENT 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.

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 subconsultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance 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 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.

ATTACHMENT C

PROFESSIONAL CONSULTANT SERVICE

CITY OF GROVER BEACH

DISCLOSURE OF CONFLICT OF INTEREST
Explanation:

Signature
Date
Name
Company
Address
Additional page(s) attached.

City, State, Zip
YES* NO
1 Are you currently in litigation with the City of Grover Beach or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Grover Beach?
3 Do you currently represent or perform work for any clients who do 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?
* If the answer to any question is yes, please explain in full below.

Agenda Item No. 6

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 13, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Erin Wiggin, CIP Manager
SUBJECT: Approval of Budget Increases for CIP Projects 2295-14 (Local Street Rehabilitation and Repair) and 2274 (Citywide Sidewalk Infill)

RECOMMENDATION
Approve budget increases for CIP Projects 2295-14 (Local Street Rehabilitation and Repair) and 2274 (Citywide Sidewalk Infill).

BACKGROUND
During construction of CIP project 2295-14 (Local Street Rehabilitation and Repair) and related project 2274 (Citywide Sidewalk Infill), additional funding from the Water Enterprise Fund and the Gas Tax Fund was necessary to complete the project. Emergency water line work was required totaling $94,960 with an initial budget of $40,000 leading to a shortfall of $54,960. In addition, due to the popularity of the sidewalk infill cost sharing program, there were $82,008 in costs incurred by the City with an initial budget of $50,000 this fiscal year leading to a shortfall of $32,008.

Pending Council approval of these recommended budget increases, staff will process Budget Amendment Requests to formally increase the project budgets.

FISCAL IMPACT
The shortfall of $54,960 from water line work will be funded by the Water Enterprise Fund and the shortfall of $32,008 will be funded by Gas Tax funds.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Approve the budget increases for the CIP projects; or

2. Do not approve the increases; or

3. Provide staff with additional direction

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Agenda Item No. 7

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 13, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer SUBJECT: Participation in the County of San Luis Obispo Desalinated Water Study

RECOMMENDATION
Adopt the Resolution approving participation in the County of San Luis Obispo Desalinated Water Study.

BACKGROUND
The City has two principal water sources: Lopez Lake and the Santa Maria Groundwater Basin.

Both sources rely on local rainfall and unfortunately the Central Coast has seen below average rainfall for extended periods in recent years. While both supplies have been historically reliable, the expectation of even greater periods of drought due to climate change makes the future reliability of these supplies questionable.

As the Council is aware, the City has considered various supplemental water supply sources to protect Grover Beach against the effects of drought. These sources include desalination, connection to Diablo Canyon’s desalination plant, raising the Lopez Dam spillway, purchase of State Water and recycled wastewater. Of these, recycled wastewater has been identified as the most feasible which led the City to develop a partnership with Pismo Beach and Arroyo Grande for the Central Coast Blue recycled water project. The project will bring a sufficient supply of recycled water to the region from a treatment facility in Grover Beach to provide supply reliability during extended drought and minimize the risk of seawater intrusion into the groundwater supply. The participating cities approved a Joint Powers Authority agreement in 2022 and the project is expected to be operational by mid-2026 with additional groundwater supply available by late-2026.

Due to proximity to the ocean, and future water supply quantity, quality and reliability needs, the 2019 San Luis Obispo County Integrated Regional Water Management Plan and 2012 Countywide Master Water Report identified desalination as a water resource management strategy for the region to pursue. However, while desalination can provide a local, reliable, and sustainable water supply for decades to come, desalination projects take a long time to plan for, permit and construct with significant costs associated with them.

The San Luis Obispo County Flood Control and Water Conservation District intends to develop the DESAL Plan, a study of the feasibility of developing a desalinated water supply over the next several years via a public process that, when complete, will ultimately contain balanced recommendations related to responsibly advancing the implementation of a regional desalination project. The San Luis Obispo County Flood Control and Water Conservation District will be the lead agency and contract administrator for the DESAL Plan and is requesting Staff Report: Participation in County Desalinated Water Study Page 2 March 13, 2023
that water-purveying agencies that wish to be evaluated during the development of the DESAL Plan adopt resolutions approving participation.

While the City anticipates that Central Coast Blue can adequately address the city’s future water supply reliability, it would still be valuable to develop a better understanding of the benefits and impacts of a regional desalination project to address long range growth and possible unanticipated climate change impacts. There is minimal cost to the City associated with developing the plan and the City can opt out at any point in the development. Staff recommends participation to the point that information identifying the costs and benefits of this potential supply to the City can be determined.

FISCAL IMPACT
This action will result in minimal cost to the Water Enterprise Fund including staff time associated with participation in meetings during development of the DESAL plan.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Adopt the Resolution approving participation in the County of San Luis Obispo Desalinated Water Study; or

2. Do not adopt the Resolution approving participation in the County of San Luis Obispo Desalinated Water Study; or

3. Provide alternative direction to staff.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Resolution
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,

CALIFORNIA, APPROVING PARTICIPATION IN THE DESALINATION

EXECUTABLE SOLUTION AND LOGISTICS (DESAL) PLAN
WHEREAS, adequate water for the people, economy and environment in San Luis Obispo County is needed in perpetuity; and
WHEREAS, conflicts surrounding use of the limited existing water supplies are increasing, including limitations on groundwater use and transfers, limitations on surface water diversion and State policies that lead to water system consolidation mandates; and WHEREAS, water use efficiency practices, low impact development, stormwater capture and recycled water have been implemented to help extend the limited water supplies but are insufficient to overcome long term shortages and cannot be relied upon to sustainably meet future additional needs and maintain a reasonable quality of life; and WHEREAS, despite conservation efforts which have reduced per capita consumption from 231 gallons per day to 146 gallons per day over the last 25 years1 , the County remains highly
vulnerable to water shortages due to its isolated location and dependence on rainfall; and WHEREAS, the future reliability of existing water supplies and infrastructure that depend on rainfall, such as groundwater and surface water reservoirs and streams, is uncertain due to changing hydrologic patterns, land use, environmental regulations, population growth and aging infrastructure; and
WHEREAS, water-purveying agencies are best positioned to develop and utilize water supply projects that will reduce dependence on groundwater and surface water and can thereby relieve competition with individual well owners and the environment for those water supplies; and WHEREAS, due to proximity to the ocean, and future water supply quantity, quality and reliability needs, the 2019 San Luis Obispo County Integrated Regional Water Management Plan and 2012 Countywide Master Water Report identify desalination as a water resource management strategy to pursue; and
WHEREAS, while desalination can provide a local, reliable, and sustainable water supply for decades to come, desalination projects take a long time to plan for, permit and construct; and WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District intends to develop the DESAL Plan over the next several years via a public process that, when complete, will ultimately contain balanced recommendations related to responsibly advancing the implementation of a regional desalination project that will benefit the people, economy and environment in the County; and
WHEREAS, the San Luis Obispo County Flood Control and Water Conservation District will be the lead agency and contract administrator for the DESAL Plan and is requesting that water-purveying agencies that wish to be evaluated during the development of the DESAL Plan adopt resolutions approving participation.
1 https://www.ppic.org/publication/water-use-in-california/ Attachment 1
Resolution No. 23- Page 2
NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Grover Beach, California, does hereby:

1. Wish to be included in the development of the DESAL Plan and to be evaluated as a potential partner in such a regional desalination project in the future in order to inform our decision makers and constituents.

2. Designate the City Manager or their designee, to participate in the development of the DESAL Plan, and to bring forward related recommendations.

On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:

AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 13th day of March 2023.

KAREN BRIGHT, MAYOR
Attest:

WENDI B. SIMS, CITY CLERK
**DRAFT**
Agenda Item No. 8

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 13, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer SUBJECT: Water Supply Update and Recommended Change in City’s Water Shortage Declaration

RECOMMENDATION
Receive information on the City’s water supply and approve a recommended change in the City’s water shortage declaration from Stage 3 with a 20% water use reduction with penalties to Stage 1 with voluntary compliance only.

BACKGROUND
The purpose of this agenda item is to update the Council on the City’s current water supply conditions and recommend changing the current water shortage declaration from a Stage 3 declaration with a 20% reduction requirement to a Stage 1 declaration with voluntary compliance.

These actions are consistent with the adopted 2020 Urban Water Management Plan (UWMP) and associated Water Shortage Contingency Plan (WSCP) which correlates stages of action with observed water supply conditions (called “Triggering Conditions”) and outlines measures the Council could enact to reduce water demand. A copy of the WSCP is included as Attachment 1.

On May 10, 2021, the Council enacted a Stage 1 water shortage declaration with voluntary water conservation compliance for all customers along with mandatory water waste prohibitions in response to water supply conditions at that time. The Council took subsequent action on May 9, 2022 to enact a Stage 2 water shortage declaration with a 10% mandatory reduction requirement along with further action on September 26, 2022 enacting a Stage 3 water shortage declaration and a 20% mandatory reduction requirement along with penalties. All residential customers were assigned a bi-monthly baseline water budget based upon the amount of water used during the same bi-monthly billing period in 2020 and were required to reduce water use by 20% compared to the baseline budget. Council also enacted penalties for violation of the reduction requirements and approved staff’s recommendation to reduce watering of the Costa Bella and Mentone Basin parks to help reduce total water demand in the city.

Recommended Stage of Action
The WSCP includes five stages of action corresponding to five shortage declaration levels. The action corresponding to the lowest declaration (Stage 1) is a recommended reduction in water demand of a range from 0% to 10% mandatory reduction. Stages 2 through 5 increase the recommended reduction percentage by 10% for each stage. The appropriate declaration level is determined by considering current climate and water supply conditions. There are four conditions, called triggering conditions, which are considered in determining the appropriate water shortage declaration. Each is described on the following page along with current recorded condition:

Amendment #1
Staff Report: Water Supply Update and Stage 1 Water Shortage Declaration Page 2 March 13, 2023

1. Lopez Lake storage volume. Lopez Lake storage volume is currently at 32,500 Acre-Feet with significant rain forecast over the next week. Storage above 25,000 Acre-Feet does not indicate a shortage declaration.

2. Status of last four quarterly sentry well readings relative to the 7.5 feet elevation trigger point. The last four readings beginning with the most recent are 10.58 feet, 5.88 feet, 5.34 feet and 7.98 feet indicating some recovery of groundwater levels due to higher than average rainfall this winter. Less than 4 readings below 7.5 feet indicates a Stage 1 declaration.

3. Status of State mandated water use reductions. The State mandate has remained in place since 2010 which would indicate a Stage 2 declaration.

4. Number of years of below average rainfall of 20 inches. Rainfall this winter has reached approximately 35 inches which would not indicate a shortage declaration.

Based on these triggering conditions staff is recommending reducing the shortage declaration to Stage 1 and rescinding penalties. Staff anticipates returning to the Council this fall with another update and potential recommendation in the water shortage declaration stage. The following is a detailed analysis of demand and supply conditions that were considered in developing staff’s recommended action.

Status of City Water Supplies
The City has two principal water sources: Lopez Lake and the Santa Maria Groundwater Basin.

Under normal rainfall conditions the total amount of water legally or contractually available to the City is 2,207 acre-feet per year comprised of 800 acre-feet of Lopez water and 1,407 acre-feet of groundwater. Both sources rely on local rainfall and unfortunately the Central Coast has seen below average rainfall for the previous three years. Water levels in the lake and groundwater basin have reflected the impacts of the three-year drought but fortunately above average rainfall this winter has resulted in significant rebounding of water levels. Given the difficulty of predicting future rainfall, it is still necessary to develop two supply projections with one for normal rainfall and one for drought conditions.

Lopez Lake Supply. The chart on the following page is a simplified version of charts developed by the County that have been used to predict reservoir storage based on monthly rainfall accumulation. The chart is adjusted by staff to begin with the current storage level and depicts a three-year outlook. The decline in storage is predicted based on typical agency demand, evaporation and downstream releases into Arroyo Grande Creek. The chart shows a projection based on historical drought conditions and one for average rainfall. This provides the range of likely outcomes for the Lopez Lake storage. The line titled “Lopez Supply” shows the acre-feet of water available for delivery to Grover Beach each year assuming drought conditions.

As identified above, the City has a contract with the County for 800 acre-feet of water each year, but this amount is reduced during periods of extended drought. In 2014, the County Board of Supervisors adopted the Low Reservoir Response Plan (LRRP) to identify an adaptive management plan that reduces water deliveries in response to various reservoir storage levels.

The LRRP prescribed reduction schedule is shown in Table 1 on the following page:

Staff Report: Water Supply Update and Stage 1 Water Shortage Declaration Page 3 March 13, 2023
Under projected extended drought conditions, lake storage levels are estimated to reach 20,000 acre-feet by October 2024 resulting in enactment of the LRRP and 15,000 acre-feet by August 2025 resulting in a supply reduction to 720 acre-feet. However, due to the recent contract change that allows the City to store unused entitlement and surplus water, the City has developed sufficient water in storage to delay the reduction in supply beyond the three-year projection as shown in the chart below. If the region sees rainfall approaching average levels, these supply reductions are further delayed until at least the end of 2026.

Groundwater Supply. As required by the Santa Maria Groundwater Basin Adjudication, consultants working on behalf of the City and other Northern Cities Management Area (NCMA), agencies have completed extensive monitoring of the groundwater basin and prepared the Annual Report that is filed with the Court. The monitoring is conducted to document how the groundwater system is responding to annual rainfall and the extraction of water by urban and agricultural entities. The monitoring specifically includes the study of four wells situated in such a location as to provide early warning of impending seawater intrusion. The first quarterly monitoring report of 2023 recorded groundwater levels at 10.58 feet. The three previous quarterly monitoring reports recorded groundwater levels from just above the threshold for seawater intrusion (Deep Well Index level of 7.5 feet) to as much as 2.2 feet below the threshold. These readings show the Staff Report: Water Supply Update and Stage 1 Water Shortage Declaration Page 4 March 13, 2023
effects of drought along with the recent above-average rainfall on groundwater levels. The City has been pumping approximately 500 acre-feet of water per year from the basin for the past five years which is significantly less than the 1,407 acre-feet available during average rainfall years.

Combined with reduced pumping from other NCMA agencies, the basin has been able to recover to levels above the 7.5 foot threshold in years with sufficient rainfall. Staff estimates that even under drought conditions for each of the next three years, the City should be able to continue pumping 500 acre-feet per year.

There are a number of factors outside the City’s control that could affect these groundwater supply estimates. Substantial drought, continued over pumping in the Nipomo Mesa, potential saltwater intrusion are the most significant factors. Staff is continuing to monitor these and will provide updates to the Council should any of them change significantly.

Water Demand. In recent years, water demand in the city has been approximately 1,300 acrefeet per year. Estimated demand is expected to increase to approximately 1,400 acre-feet in the five-year planning horizon due to projected developments that have been recently proposed with several already in the entitlement process.

Supply Versus Demand. The City’s two supplies, Lopez Lake and Groundwater are anticipated to range between 1,300- and 1,220 acre-feet per year for the next three years. Supply and demand are expected to be at a balance beyond the three-year projection but could require addition measures in approximately a five-year timeframe. Possible future shortages could be addressed through additional water conservation or possibly procurement of a short-term supplemental water supply.

Water Supply Options
Water Conservation Program. Water conservation is currently the only means immediately available to address a water shortage. Grover Beach residential water customers have used an average of 72 gallons per capita per day (gpcd) in recent years though this number has varied from a high of 120 gpcd in 2013 (1,803 acre-feet total) to a low of 62 gpcd in 2019 (1,187 acrefeet total). This range in usage and overall downward trend has likely been in response to five years of water conservation actions by the City including a series of water shortage declarations, a robust public information campaign, water conservation retrofit programs, and penalties for noncompliance. Based on the City’s current population, staff estimates the City could achieve a reduction in water demand to approximately 1,060 acre-feet at 62 gpcd which is a reduction of approximately 13% from current per capita demand.

The City’s average water usage continues to be among the lowest in the state and one of the lowest among local water purveyors. The most recent Stage 3 declaration requiring a 20% reduction and imposing penalties has only been enforced with penalties for the past four months and produce a per-capita demand reduction of approximately 5%. This small reduction coupled with the large number of water budget increase requests submitted to the City could be interpreted to mean the City has reached a condition where significant further reduction will be very difficult to achieve and would likely not provide a fast enough response to an unexpected reduction in supply. For this reason and due to the uncertainty of future supplies, the City needs to continue to pursue other supply alternatives.

Central Coast Blue. As the Council is aware, the City has considered a number of possible supplemental water supply sources to protect the city against the effects of drought. Of these, recycled wastewater has been identified as the most feasible which led the City to develop a partnership with Pismo Beach and Arroyo Grande for the Central Coast Blue recycled water Staff Report: Water Supply Update and Stage 1 Water Shortage Declaration Page 5 March 13, 2023
project. The project will bring a sufficient supply of recycled water to the region from a treatment facility in Grover Beach to provide supply reliability during extended drought and minimize the risk of seawater intrusion into the groundwater supply. The participating cities approved a Joint Powers Authority agreement in 2022 and the project is expected to be operational by mid-2026 with additional groundwater supply available by late-2026.

Short-Term Supplemental Water Supply Agreement. The City has the option to negotiate an agreement for short-term supplemental water supply from another agency. Several nearby agencies and the County share water infrastructure that would allow water to be delivered to Grover Beach if needed. This could include State water, Lopez Lake water or groundwater depending on the agencies own supply needs. Based on previous Council direction, staff is continuing to pursue a short-term supply option though there is less urgency with this effort given the amount of rainfall this winter and resulting increase in near-term water supply.

FISCAL IMPACT
The recommended stage reduction will result in a minor increase in Water Enterprise Fund revenue due to likely increases in water use.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Receive information on the City’s water supply and approve reducing the current shortage declaration to a Stage 1 declaration and rescinding penalties; or

2. Do not approve a reduction of the current water shortage declaration and penalties; or

3. Provide alternative direction to staff.

PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.

Attachments

1. Water Shortage Contingency Plan

CITY OF

GROVER BEACH

WATER SHORTAGE

CONTINGENCY PLAN
DECEMBER 2021
Attachment 1

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City of Grover Beach
Water Shortage Contingency Plan
December 2021
City Council Members
Jeff Lee - Mayor
Karen Bright – Mayor Pro Tem
Anna Miller – Council Member
Daniel Rushing – Council Member
Robert Robert – Council Member
City Staff
Gregory A. Ray, PE – Public Works Director
Lynn Steele Pearson – Administrative Analyst

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City of Grover Beach Water Shortage Contingency Plan                                                     December 2021

Page | i
Table of Contents
CHAPTER 1 INTRODUCTION ..................................................................................................................................... 1‐1

1.1 Law................................................................................................................................................................. 1‐1

1.2 City of Grover Beach (City)............................................................................................................................. 1‐1 CHAPTER 2 Water Supply Analysis ........................................................................................................................... 2‐1

2.1 Water Supply Reliability Analysis................................................................................................................... 2‐1

2.2 Annual Water Supply and Demand Assessment Procedures ........................................................................ 2‐2

2.2.1 Assessment Methodology  ..........................................................................................................................2‐3

2.2.2 Water Supply Reliability Analysis Timeline.................................................................................................2‐3

2.3 Six Standard Water Shortage Levels.............................................................................................................. 2‐4 CHAPTER 3 Water Shortage Response Actions........................................................................................................ 3‐1

3.1 Shortage Response Actions............................................................................................................................ 3‐1

3.1.1 Demand Reduction  ....................................................................................................................................3‐1

3.1.2 Supply Augmentation  ................................................................................................................................3‐2

3.1.3 Operational Changes ..................................................................................................................................3‐2

3.1.4 Additional Mandatory Restrictions.............................................................................................................3‐2 CHAPTER 4 Emergency Response Actions................................................................................................................ 4‐1

4.1 Emergency Response Plan ............................................................................................................................. 4‐1

4.2 Seismic Risk Assessment and Mitigation Plan  ............................................................................................... 4‐2

4.2.1 Faults, Earthquakes, and Liquefaction........................................................................................................4‐3

4.2.2 Seismic Risk.................................................................................................................................................4‐8

4.2.3 Mitigation ...................................................................................................................................................4‐8 CHAPTER 5 Shortage Response Effectiveness.......................................................................................................... 5‐1

5.1 Communication Protocols.............................................................................................................................. 5‐1 CHAPTER 6 Compliance and Enforcement ............................................................................................................... 6‐1

6.1 Compliance and Enforcement........................................................................................................................ 6‐1

6.2 Legal Authorities............................................................................................................................................ 6‐2

6.3 Financial Consequences of WSCP Activation ................................................................................................. 6‐2 City of Grover Beach Water Shortage Contingency Plan                                                      December 2021

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6.4 Monitoring and Reporting ............................................................................................................................. 6‐2 CHAPTER 7 WSCP Refinement, Adoption and Submittal ......................................................................................... 7‐1

7.1 WSCP Refinement Procedures....................................................................................................................... 7‐1

7.1.1 Special Water Feature Distinction ..............................................................................................................7‐1

7.2 Plan Adoption, Submittal and Availability ..................................................................................................... 7‐1 List of Tables
Table 2‐1: Climate Change Vulnerability Screening........................................................................................................ 2‐1 Table 2‐2: Key Data Inputs.............................................................................................................................................. 2‐3 Table 2‐3: Water Shortage Contingency Plan Levels...................................................................................................... 2‐5 Table 3‐1: Demand Reduction Actions........................................................................................................................... 3‐1 Table 3‐2: Supply Augmentation and Other Actions...................................................................................................... 3‐2 Table 4‐1: Catastrophic Supply Interruption Actions ..................................................................................................... 4‐1 Table 5‐1: Stages of Water Shortage Contingency Plan – Communication Protocols.................................................... 5‐1 Table 6‐1: Excessive Water Use Penalties and Charges.................................................................................................. 6‐1 Table 7‐1: Notification to Cities and Counties................................................................................................................ 7‐1 List of Figures
Figure 2‐1: Water Supply Reliability Analysis Timeline................................................................................................... 2‐4 Figure 2‐2: Historic Lopez Reservoir Storage Levels....................................................................................................... 2‐6 Figure 2‐3: Crosswalk for the City’s 2015 Shortage Levels and the 2020 WSCP Mandated Shortage Levels ................ 2‐7 Figure 4‐1: Earthquake Fault Line Map........................................................................................................................... 4‐5 Figure 4‐2: Ground Shaking Potential Map .................................................................................................................... 4‐6 Figure 4‐3: Liquefaction Susceptibility Map ................................................................................................................... 4‐7

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Appendices
Appendix A – Relevant Water Code Sections
Appendix B – Relevant Sections of San Luis Obispo County Local Hazard Mitigation Plan October 2019 Appendix C – Notification to Cities and Counties
Appendix D – WSCP Adoption Resolution
Bibliography
The following reports, studies, and other material were reviewed during preparation of this Water Shortage Contingency Plan.
1) 2020 Urban Water Management Plans Guidebook for Urban Water Suppliers dated March 2021 and prepared by the California Department of Water Resources.
2) 2020 City of Grover Beach Urban Water Management Plan dated August 2021 and prepared by MKN & Associates.
3) San Luis Obispo County Multi‐Jurisdictional Hazard Mitigation Plan dated October 2019 and prepared by Wood Inc.

4) City of Grover Beach Multi‐Hazard Emergency Response Plan dated 2004 and prepared by Grover Beach Fire Department.

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List of Acronyms
AB ‐ Assembly Bill
AF ‐ Acre‐Foot
AWIA ‐ America’s Water Infrastructure Act
BMP ‐ Best Management Practice
CEHTP ‐ California Environmental Health Tracking Program CASGEM ‐ California Statewide Groundwater Elevation Monitoring Program CII ‐ Commercial, Industrial, Institutional, water use sectors City – City of Grover Beach
CIMIS ‐ California Irrigation Management Information System County – County of San Luis Obispo
CUWCC ‐ California Urban Water Conservation Council
CWC ‐ California Water Code
DMMs ‐ Demand Management Measures
DOF ‐ Department of Finance
DU – Dwelling Unit
DWR ‐ Department of Water Resources
eARDWP ‐ Electronic Annual Reports to the Drinking Water Program (SWRCB) EOC – Emergency Operations Center
ERP ‐ Emergency Response Plan
ETo ‐ Reference Evapotranspiration
GIS ‐ Geographic Information System
GPCD ‐ Gallons per Capita per Day
IC – Incident Commander
IRWM ‐ Integrated Regional Water Management
ITP ‐ Independent Technical Panel
LAFCO ‐ Local Agency Formation Commission
NOAA ‐ National Oceanic and Atmospheric Administration
NPDES ‐ National Pollutant Discharge Elimination System City of Grover Beach Water Shortage Contingency Plan                                                      December 2021

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PWS ‐ Public Water System
RRA ‐ Risk and Resiliency Assessment
RWQCB ‐ Regional Water Quality Control Board
SB ‐ Senate Bill
SB X7‐7 ‐ Senate Bill Seven of the Senate’s Seventh Extraordinary Session of 2009 SGMA ‐ Sustainable Groundwater Management Act
SQ FT – Square Feet
SWP ‐ State Water Project
SWRCB ‐ State Water Resources Control Board
RUWMP ‐ Regional Urban Water Management Plan
UWMP ‐ Urban Water Management Plan
WARN ‐ Water/Wastewater Agency Response Network
WDR ‐ Waste Discharge Requirement
WRR ‐ Water Recycling Requirement
WSCP ‐ Water Shortage Contingency Plan

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CHAPTER 1 INTRODUCTION

1.1 Law
This Water Shortage Contingency Plan (WSCP) for the City of Grover Beach (City) outlines a program for responding to water supply limitations. The intent of the water conservation measures and progressive restrictions on water use and method of use identified in this WSCP is to provide certainty to water users and enable the City to control water use, provide water supplies, and plan and implement water management measures in a fair and orderly manner for the benefit of the public.

In 2015, in accordance with the Governor of the State of California mandate (Executive Order B‐29‐15), the City revised declaration of a stage 2 water shortage condition and prohibitions on the wasteful use of water. The City updated and amended the WSCP in June 2021 to meet the new requirements of the 2020 UWMP update.

This WSCP describes measures to be implemented during times of declared water shortages, or declared water shortage emergencies by either the City , State or Federal government. It establishes six stages of drought response actions to be implemented in times of shortage, with increasing restrictions on water use in response to decreasing available supplies.

1.2 City of Grover Beach
The City of Grover Beach (City) is an incorporated city of 13,214 residents located in southern San Luis Obispo County with the neighboring communities of City of Pismo Beach to the north, the City of Arroyo Grande to the east, and the communities of Oceano and Halcyon to the south. The City currently incorporates 2.3 square miles of land with primarily residential and commercial land uses. City topography varies from sea level to greater than 200 feet above mean sea level. The 2020 population of the City was 13,214 based on data from the Department of Finance (DOF). Population projections were based on the San Luis Obispo Council of Governments’ (SLOCOG) draft 2050 Regional Growth Forecast for San Luis Obispo County Population, Housing, and Employment Projections. All 5,278 connections to the City’s water system are metered.

The City has a variety of water sources including groundwater and imported surface water. The City extracts groundwater from the Santa Maria Valley Groundwater Basin. The City’s current allocation under the basin’s Division of Safe Yield is 1,407 AF. Additionally, the City receivesimported treated surface water from the Lopez Water Treatment Plant. The City’s current contract entitlement is 800 AF.

Relevant sections of the water code as related to the WSCP are included in Appendix A.

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CHAPTER 2 WATER SUPPLY ANALYSIS

2.1 Water Supply Reliability Analysis
The City has never sought additional water sources to meet demands in the past 5 years, regardless of regional hydrology. Therefore, there is no basis in the hydrologic record for reducing supply reliability based upon single and/or multiple dry year conditions when imported water supply is available in addition to historical groundwater production.

Given historical pumping volumes, the level of pumping has reached a state of stability in the groundwater basin and there would be some uncertainty in pumping volumes over 500 AFY.

To supplement this statement, the City developed Table 2‐1, which involved a preliminary climate change vulnerability screening (including impacts from extreme heat, water quality, sea level rise, flooding, and wildfire) for its water supplies.

Table 2‐1: Climate Change Vulnerability Screening
Assessment Imported Water
– Lopez
Groundwater –
Santa Maria
Valley
Groundwater
Basin
Level of Risk Level of Risk
I. Water Supply and Demand
Are the water supply diversions sensitive to climate
change? 2 2
Is the water supply source affected by urban or
agricultural water demand that might be climate
sensitive?
2 2
Is groundwater a major supply source? Not applicable 3
Does the water supply source rely on or could it be
affected by snowmelt? Not applicable Not applicable
Does the water supply source come from or could it
be affected by coastal aquifers? Has saltwater
intrusion been a problem in the past?
Not applicable 2
Does the water supply source rely on or could it be
affected by changes in stored water supplies? 3 2
II. Extreme Heat
Could extreme heat impact operations of the water
supply project or diversions? Not applicable Not applicable Does the supply source rely on equipment or
infrastructure that could be impacted by extreme or
prolonged heat?
Not applicable Not applicable
III. Water Quality
Could water quality issues, such as low dissolved
oxygen, algal blooms, disinfectant biproducts affect
the water supply source?
1 3
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Table 2‐1: Climate Change Vulnerability Screening
Assessment Imported Water
– Lopez
Groundwater –
Santa Maria
Valley
Groundwater
Basin
Level of Risk Level of Risk
Could reduction in assimilative capacity of a
receiving water body affect the water supply
source?
1 3
Could the water supply source be affected by water
quality shifts during rainfall/runoff events? 1 1
IV. Sea Level Rise
Is any of the water supply source infrastructure
located in area that could be exposed to rising
tides?
Not applicable Not applicable
Could coastal erosion affect the water supply
source? Not applicable Not applicable
Is the water supply source dependent on coastal
structures, such as levees or breakwaters, for
protection from flooding?
Not applicable Not applicable
V. Flooding
Is the water supply or any of its associated
infrastructure located within the 200‐year
floodplain? Does the water supply source rely on
flood protection infrastructure such as levees or
dams?
Not applicable  Not applicable
VI. Wildfire
Is the water supply source located in an area that is
expected to experience an increase in wildfire
activity or severity? Would a wildfire result in
damage to the water supply source infrastructure or
interruption of its ability to perform as designed?
Could the water supply source be affected by an
increase in wildfire activity or severity in an
upstream watershed or other adjacent area?
1 Not applicable
Notes: Level of Risk: 1 ‐ low, 3‐medium, 5‐high

2.2 Annual Water Supply and Demand Assessment Procedures In accordance with CWC 10632, the City will conduct an annual water supply and demand assessment, or annual assessment, and submit to the State by July 1st of each year.

The City will determine if a shortage in supply exists and declare the appropriate water shortage level based on the findings. The City will draft and prepare a written report that discusses the results of the annual water supply and demand assessment, what water shortage level and shortage response actions are to be implemented and issue the appropriate communication to customers and local governments. A copy of the annual report will be submitted to the City Council members ahead of the meeting for review. The City Council will listen to the findings and recommendations City of Grover Beach Water Shortage Contingency Plan                                                      December 2021

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outlined in the report and vote to approve and implement the actions described in the annual report at a May Council meeting to allow sufficient time to submit the approved report to the State before the July 1st deadline.

The Water Shortage Contingency Plan team will consist of the City Manager and Public Works Director. The team will draft and prepare the annual water supply reliability analysis report. The report will use the key data inputs and methodology described in Table 2‐2 to determine the unconstrained demand, infrastructure capabilities, available water supply and reliability for the current year and one dry year.

Table 2‐2: Key Data Inputs
Key Input:   Data:   Description:

Previous year
Customer
Demand and
Available Supply
Public Water System
Statistics Sheet (DRW
sheet)
The water statistics sheet is prepared by the City‘s Public Works Director in January for the previous year. The statistics sheet will be used to calculate water supply by source and show unconstrained water demand.

Projected Water
Supply
Well Production
History Worksheet
This worksheet is prepared by the City‘s Public Works Director and is updated each year. This worksheet provides the monthly production totals for each well. This will be used to help determine water supply reliability.

Infrastructure
Considerations
Annual Project List and
Schedule
This list will be prepared by the City’s Public Works Director and describes all the planned City projects for the year. The annual project list will be used to assess infrastructure capabilities and any potential constraints to the water system.

2.2.1 Assessment Methodology
The City will enact water shortage response actions when yearly “Blended Average Rainfall Amount” falls substantially below “Benchmark” for a given time. “Blended Average Rainfall Amount” is the average of “yearly” measured rainfall at the two official locations and “Benchmark” is the blended average of 20 inches of rainfall during a rainfall season. A dry year will be defined as a year where the rainfall condition is 65% of “Benchmark” rainfall or a quarterly “Monitoring Report” raises the concern of potential sea water intrusion and corresponds to a stage 1 water shortage level in Table 2‐3. The City will take the following steps to evaluate the water supply and demand:

1. Evaluate Water Supply: The Public Works Director monitors water supply and availability at least on a seasonal basis. Lopez Reservoir volume will be evaluated, as well as groundwater production data.

2. Calculate Unconstrained Customer Demand: Using the Public Water System Statistics Sheet calculate the total water delivered the previous year.

3. Planned Water Use for Current Year Considering Dry Year: Compare the available water supply and the customer demand and determine if there is an expected water shortage.

4. Compare supply and demand and decide on level of water supply reliability for current year and one dry year. Then, declare a water shortage level and issue relevant communication, if necessary.

2.2.2 Water Supply Reliability Analysis Timeline
The City will start to evaluate the water supply availability in January and will submit the report to Council in June of each year to allow sufficient time to submit the approved report to the State before the July 1st deadline. Figure 2‐1 shows the suggested timeline for completing the water supply reliability analysis.

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Figure 2‐1: Water Supply Reliability Analysis Timeline

2.3 Six Standard Water Shortage Levels
This WSCP identifies water conservation measures and progressive restrictions on water use to provide certainty to water users and to enable the City to control water use, provide water supplies, and plan and implement water management measures in a fair and orderly manner for the benefit of the public in accordance with CWC §10632(a)(3).

This WSCP establishessix (6)stages of drought response actionsto be implemented in times ofshortage, with increasing restrictions on water use in response to decreasing supplies. This WSCP includes both voluntary and mandatory water use reductions depending on the causes, severity, and anticipated duration of the water supply shortage. Water use reduction stages may be triggered by a shortage or contamination in one water source or a combination of sources or City Council
 Finalize assessment based on surface water
delivery allocations and groundwater
conditions
 Present final report and recommendations to
City Council
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during times that a shortage is declared by the City, State, or Federal government. The City’s potable water sources are groundwater and imported surface water. Because shortages overlap stages, triggers could result in implementation of the more restrictive stage. Specific criteria for triggering the City’s water use reduction stages are shown in Table 2‐3.

Table 2‐3: Water Shortage Contingency Plan Levels
Reduction
Level
Percent
Reduction
Range
Shortage Response Actions
1 Up to 10%
Voluntary compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <25,000 AF
‐ Quarterly sentry well level reading below the deep well index ‐ Below average rainfall for 1 year
2 Up to 20%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <20,000 AF
‐ 4 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐ Below average rainfall for 2 year
3 Up to 30%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <15,000 AF
‐ 4 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐Below average rainfall for 3 year
4 Up to 40%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <10,000 AF
‐ 5 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐Below average rainfall for 4 year
5 Up to 50%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <5,000 AF
‐ 6 quarterly sentry well level reading below the deep well index ‐ State mandated water use restrictions
‐ Below average rainfall for 4 year
6 >50%
Mandatory compliance; 1 or more triggering conditions would enact shortage level:
‐ Lopez Reservoir <4,000 AF
‐ Seawater intrusion into groundwater basin
‐ Catastrophic or emergency supply interruption
‐ Rainfall below average for 5 or more years
As identified in Table 2‐3, Lopez Reservoir storage volumes are one of the triggers of each shortage level. Figure 2‐2 demonstrates historic storage volumesin comparison to the 15,000 AF trigger level that would enact a Stage 3 shortage level.

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Figure 2‐3 provides a crosswalk that shows the City’s water shortage levels to those mandated by statute.

Figure 2‐3: Crosswalk for the City’s 2015 Shortage Levels and the 2020 WSCP Mandated Shortage Levels Stages from 2015 UWMP Crosswalk 2020 WSCP Mandated Shortage Levels Shortage
Level
Percent
Supply
Reduction
Water Supply
Condition
Shortage
Level
Percent
Supply
Reduction
Water
Supply
Condition
Mandatory
compliance
with water
savings
measures
1 0% ‐ Lopez Reservoir
<25,000 AF
1 0% to 10% Normal
Voluntary,
always in
place
2 0%‐10% ‐ Lopez Reservoir
<20,000 AF
2 10% to
20%
Slightly
Restricted
Mandatory
compliance
3 10%‐20% ‐ Lopez Reservoir
<15,000 AF
3 20% to
30%
Moderatel
y
Restricted
Mandatory
compliance
4 20%‐30% ‐ Lopez Reservoir
<10,000 AF
4 30% to
40% Restricted   Mandatory
compliance
5 30%‐40%
‐ Lopez Reservoir
<5,000 AF 5
40% to
50%
Severely
Restricted
Mandatory
compliance
6 40%‐50%
‐ Lopez Reservoir
<4,000 AF 6 50% and
above
Extremely
Restricted
Mandatory
compliance
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CHAPTER 3 WATER SHORTAGE RESPONSE ACTIONS

3.1 Shortage Response Actions

3.1.1 Demand Reduction
Table 3‐1 summarizes the restrictions and prohibitions on end uses during each stage of water shortage response implemented by the City in accordance with CWC §10632(a)(4)(B). The shortage response actions are aligned to the six water shortage levels with the goal of reducing the gap between supply and demand by the required amount per level.

Any violations of the adopted mandatory water conservation measures constitute a violation of Section 7202 and is subject to the remedies identified in Chapter 4, Art. 1 of this Code.

Table 3‐1: Demand Reduction Actions
Shortage
Level   Demand Reduction Actions
Estimated Extent
of Reducing the
Water Shortage
Gap
Penalty,
Charge, or
Other
Enforcement?
1 Education for water conservation methods. Low   No
1 Public outreach for voluntary reduction in water use by 15% Low   No 2   Landscape ‐ Restrict or prohibit runoff from landscape irrigation Medium   Yes 2   Other – Household water use allocation reductions   High   Yes 3 Other ‐ Prohibit use of potable water for construction and dust control
High   Yes
3 Other – Household water use allocation reductions High   Yes 3 Landscape ‐ Prohibit certain types of landscape irrigation Medium   Yes 4 Other ‐ Prohibit use of potable water for construction and dust control
Low   Yes
4 Other – Household water use allocation reductions Low   Yes 4 Landscape ‐ Prohibit certain types of landscape irrigation Medium   Yes 5 Other ‐ Prohibit use of potable water for construction and dust control
High   Yes
5 Other – Household water use allocation reductions Medium   Yes 5   Landscape ‐ Prohibit certain types of landscape irrigation High   Yes 6 Other ‐ Prohibit use of potable water for construction and dust control
High   Yes
6   Other – Household water use allocation reductions High   Yes 6 Landscape ‐ Prohibit certain types of landscape irrigation High   Yes City of Grover Beach Water Shortage Contingency Plan                                                      December 2021

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3.1.2 Supply Augmentation
Table 3‐2 summarizes the restrictions and prohibitions on end users during each stage of water shortage responses implemented by the City in accordance with CWC §10632(a)(4)(A).

Table 3‐2: Supply Augmentation and Other Actions
Shortage
Level
Supply Augmentation Methods and Other Actions by
Water Supplier
Estimated Extent of
Reducing the Water
Shortage Gap
Penalty, Charge,
or Other
Enforcement?
All Stages Expand Public Information Campaign Low   No
All Stages Notify all Customers of the Water Shortage Low No Stage 4 Investigate Emergency Water Supply Options High No 4 to 6 Begin implementation and/or Develop Agreements
with Nearby Agencies/Water Suppliers   High   No
4 to 6 Develop Media Campaign to Promote Water
Conservation (Channel 20)   High No

3.1.3 Operational Changes
In the event of an extreme water shortage, the City will implement some or all of the following operational changes in accordance with CWC §10632(a)(4)(C) and §10632.5(a):
 The City shall provide prompt notice to customer whenever the City obtains information that indicates a leak may exist within the end‐user’s exclusive control.  Evaluate maintenance procedures and alter if needed to reduce operation use of water loss.  Evaluate infrastructure repairs, and complete if possible, to reduce operation use of water loss.

3.1.4 Additional Mandatory Restrictions
The City’s customers shall comply to the mandatory water shortage response actions listed in Table 3‐1 associated with a level 3 or higher watershortage event in accordance with §10632(a)(4)(D). In the event of a watershortage emergency or severe drought, the City may enact additional mandatory restrictions:
 Provide technical information to customers on means to promote water use efficiency City of Grover Beach Water Shortage Contingency Plan                                                     December 2021

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CHAPTER 4 EMERGENCY RESPONSE ACTIONS

4.1 Emergency Response Plan
A catastrophic event may result in a complete loss of watersuppliesfor a temporary period lasting from a day to a week or more. Examples of catastrophic events include earthquakes, widespread power outage, contamination, long‐term drought, or loss of imported supplies. In the event of a sudden and catastrophic loss of water supply, such as in the case of a regional power outage or earthquake that damages City water infrastructure, the City will initially rely on water supply contained in the City’s storage reservoirs to deliver water directly to customers.  If the water supply interruption continues or is expected to continue for an extended period, the City will contact neighboring water suppliers and implement a transfer of water supply using existing system interconnections to the extent that neighboring suppliers have sufficient supplies available for transfer. These initial actions will allow the City to provide water for basic health and safety needs to City’s water customers until the magnitude and duration of the catastrophic water supply interruption is determined and local emergency response plans can be enacted. Additionally, the City will provide alerts and recommendations to water customers via social media, the City’s website and the City’s information channel (Channel 20).

In the event of a catastrophic emergency the City will immediately declare and enact an appropriate water shortage level and response actions, shown in Table 3‐1. The UWMP Act requires a catastrophic supply interruption plan. The City’s current Multi‐Hazard Emergency Response Plan was used as a basis for the catastrophic supply interruption plan.

This plan looks at the vulnerability of each source and distribution system to events such as wildfires, flooding, earthquakes, landslides, rockslides, other natural disasters, and unforeseen emergencies. The actions taken to address each catastrophe are presented in Table 4‐1 below:

Table 4‐1: Catastrophic Supply Interruption Actions
Possible Catastrophe Summary of Actions
Power Outage
 The City’s initial actions will be to determine if the outage is local to the water system or regional and then determine the estimated duration of the outage.
 If deemed necessary, and dependent on the anticipated duration of the outage, backup power generators will be connected to the City’s wells and water treatment facilities to restore operations.
 The source of the outage should be remedied as quickly as possible, however, if power cannot be returned quickly and could result in an eventual loss of supply to water customers, the City will enact secondary actions including notifying water customers of the supply interruption using the same information and procedures used for localized water losses and water main failures which include recommendations to store water and boil tap water if appropriate, use of the City’s water storage reservoirs to provide potable water directly to water customers and/or identification of a location where emergency water supplies can be obtained by customers.

Earthquake/ Fault
Rupture/ Liquefaction
 The first action in the event of an earthquake is to perform a system audit to determine the extent of damage to the City’s water infrastructure and treatment processes.
 If the earthquake results in an eventual loss of supply to water customers, the City will enact secondary actions including notifying water customers of the supply interruption using the same information and procedures used for localized water losses and water main failures which include recommendations to store water and boil tap water if appropriate, use of City of Grover Beach Water Shortage Contingency Plan                                                      December 2021

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Table 4‐1: Catastrophic Supply Interruption Actions
Possible Catastrophe Summary of Actions
the City’s water storage reservoirs to provide potable water directly to water customers and/or identification of a location where emergency water supplies can be obtained by customers.
 Within two hours of initial earthquake, the Planning Section Chief will request the Situation and Resource Unit leaders to prepare a report on the best available damage information.
 Based on the report, the command staff will evaluate information and discuss strategies for action
 For water disruptions, Public Works will coordinate Citywide survey of damage to water systems.
 If water pipes are broken, shut off the main valve which brings water into the house.
 If water is off, emergency water may be obtained from water heaters.  Mission includes identifying areas of disruption, estimating repair times, coordinating repairs and coordinating restoration of service with Operations Section at Emergency Operations Center (EOC)
Hazardous Materials Spill
 When potential hazardous emergency occurs, any person should contact 911  Person should provide location of incident, nature of problem, known information regarding hazardous material, name and call back number of reporting party
 Upon the Incident Commander’s (I.C.) confirmation, the Public  Treat all materials as hazardous until identified and confirmed  Stay uphill and up‐wind of material and adjusting as necessary.  Establish Exclusion Zone and Hazard Reduction Zone
 Establish site for Command Post in the Support Zone at safest edge of Hazard Reduction Zone
 Establish communications and liaison with other first responding agencies  Insure that staging areas and a secure perimeter isolating the zones are established
 Insure compliance with standing hazardous material safety orders by all emergency personnel
 Identify true nature of hazardous material safety, using Attachment II. G, “Hazardous Material Situation Report”
 Assess immediate rescue, medical, fire suppression, temporary containment and evacuation needs within current resource and safety capabilities.  Upon confirmation that material is hazardous, contact CHP dispatcher to make mandatory notifications
 Request additional resources that may be needed such as: additional city units, County Hazardous Materials Team, Chemist, mutual aid units, etc.

4.2 Seismic Risk Assessment and Mitigation Plan
The City’s water service area covers approximately 2.3 square miles. The water system is comprised of approximately 48 miles of pipeline, three storage reservoirs, one pumping station, and 5,278 metered connections. The City’s well system consists of four wells and chlorination facilities. The City topography varies from sea level to greater than 200 feet above mean sea level.

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The County of San Luis Obispo developed a Multi‐Jurisdictional Hazard Mitigation Plan (Hazard Plan), which evaluated seismic risk within the City’s service area. The following sections provide a summary of the general findings from the Hazard Plan with respect to potential impacts from earthquakes, faults, and liquefaction within the City’s service area.

4.2.1 Faults, Earthquakes, and Liquefaction
Per the Hazard Plan, the following provides a description of major faults within the County of San Luis Obispo:

The California Geological Survey (CGS) is charged with recording and mapping faults throughout California. The Alquist‐Priolo Earthquake Fault Zoning (AP) Act was passed into law following the destructive February 9, 1971

6.6 San Fernando earthquake. The AP Act provides a mechanism for reducing losses from surface fault rupture on a statewide basis. The intent of the AP Act isto insure public safety by prohibiting the siting of moststructures for human occupancy on or near active faults that constitute a potential hazard to structures from surface faulting or fault creep. Fault zoning is continually updated and reviewed by CGS and it is likely that other faults in addition to those currently listed by CGS will be added to the list in the future. The primary active faults identified by the AP Act in the County include the San Andreas, San Simeon‐Hosgri, and Los Osos faults.

San Andreas Fault: The San Andreas is a historically active fault thought to be capable of an earthquake up to and above the 8.0 magnitude range and generally runs along the eastern county border. It enters the County near the Cholame area, passes through the Carrizo Plain, and exits the county near Maricopa. As it passes through the County, three relatively distinct portions of the fault have separate potentials for causing a damaging earthquake. The portion of the fault that runs from Monterey County into San Luis Obispo County to an area near Cholame has commonly been known as the Parkfield segment of the San Andreas fault system.

That portion of the fault system is the one that has an approximate 5.6 – 6.0 magnitude earthquake from time to time. A segment of the system that runs from approximately the Cholame area to about the northern edge of the Carrizo Plain area has been commonly known as the Cholame segment. The portion running from the northern Carrizo Plain area and out of the County into Kern County has been commonly known as the Carrizo segment.

It is believed that in 1857 a large (possible 7.8 or larger) earthquake occurred on the San Andreas fault that possibly originated in the Parkfield area and stretched along the fault to the area near San Bernardino. This is perhaps an illustration of the potential for the San Andreas to cause a very powerful earthquake and the need to be prepared.

A major earthquake along any section of the San Andreas Fault could result in serious damage within San Luis Obispo County. An earthquake of 8.0 or greater magnitude would result in severe ground motion and could cause damage throughout the County.

With respect to the City, the only mapped fault is the potentially active Wilmar Avenue fault described below based on the Hazard Plan:

The Wilmar Avenue fault is exposed in the sea cliff near Pismo Beach and the buried trace of the fault is inferred to strike northwest‐southeast generally along a portion of the northern city limits for Grover Beach. The Wilmar Avenue fault is considered potentially active and presents a moderate fault rupture hazard to the City. Further studies to evaluate the activity of the fault are warranted, prior to placing structures near the mapped fault traces.

In addition, the Hazard Plan also provides a description of liquefaction susceptibility specifically within the City:

The areas of Grover Beach that have a high potential to be underlain by potentially liquefiable sediments are those areas underlain by beach and young alluvium. High ground water levels can be expected near the Pacific Ocean and adjacent to Meadow Creek. Site specific studies are needed to evaluate if a geologic unit actually contains potentially liquefiable materials, and if they require mitigation for development.

City of Grover Beach Water Shortage Contingency Plan                                                      December 2021

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Figure 4‐1 provides an overview of the primary active earthquake fault lines described, Figure 4‐2 provides an overview of ground shaking potential across the County, and Figure 4‐3 provides an overview of liquefaction susceptibility.

Relevant sections of the Hazard Plan are included as Appendix B.

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City of Grover Beach Water Shortage Contingency Plan                                                      December 2021

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4.2.2 Seismic Risk
Portions of the City are underlain by layers of unconsolidated sand and young alluvium which have a high potential to become liquefied during ground shaking events. The HMP identified 23 of the City’s facilities to be critical facilities. 12 critical facilitiesfall within Liquefaction Risk Areas. Overall, residential properties are at the greatest risk of liquefaction.

4.2.3 Mitigation
In the event of a system disruption to existing water supplies from an earthquake, fault rupture, or liquefaction response actions are described in City’s emergency response plan included in Appendix B.

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CHAPTER 5 SHORTAGE RESPONSE EFFECTIVENESS
All watershortage response actions are intended to reduce the water demand below the available watersupply, during a water shortage event. To ensure that all water response actions are effective in reducing the demand to the level necessary, the City will routinely monitor water production levels monthly. If the shortage response actions are not effective in reducing water consumption to the required level, the City will refine and update the water shortage response actions until effective.

5.1 Communication Protocols
The City will inform the public, and the necessary local, regional, and state government entities regarding any current or predicted water shortages based on the results of the Annual Water Supply and Demand Assessment in accordance with CWC §10632(a)(5). The City will also notify all necessary entities of any shortage response actions mandated in response to the Annual Assessment.

In the event of a watershortage due to an emergency the City will follow emergency communication protocols outlined in the Emergency Response Plan as described by Section 4.1.

Table 5‐1: Stages of Water Shortage Contingency Plan – Communication Protocols Shortage
Level Communication Protocol and Procedure   Recipient to be notified 1 General conservation measures and resources will be distributed through a media campaign to promote water conservation (incl.

Channel 20) and expand conservation programs such as low‐flow toilet rebates.

Public
2 Bill stuffers will be distributed to all customers that inform of the Stage 2 status and mandatory water shortage response actions. The Stage 2 water shortage response actions will be included in the newsletter.

Public
3 Bill stuffers will be distributed to all customers that inform of the Stage 3 status and mandatory water shortage response actions. The Stage 3 water shortage response actions will be included in the newsletter.

Public and all government
entities
4 Bill stuffers will be distributed to all customers that inform of the Stage 4 status and mandatory water shortage response actions. The Stage 4 water shortage response actions will be included in the newsletter.

Public and all government
entities
5 Bill stuffers will be distributed to all customers that inform of the Stage 5 status and mandatory water shortage response actions. The Stage 5 water shortage response actions will be included in the newsletter.

Public and all government
entities
6 Bill stuffers will be distributed to all customers that inform of the Stage 6 status and mandatory water shortage response actions. The Stage 6 water shortage response actions will be included in the newsletter.

Public and all government
entities

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CHAPTER 6 COMPLIANCE AND ENFORCEMENT

6.1 Compliance and Enforcement
The following compliance and enforcement actions to be taken by the City under a declared water shortage condition were developed in accordance with CWC §10632(a)(6).

The WSCP imposes penalties at various shortage stages including house call warnings and disconnection. Any fines or penalties under the WSCP are subject to the provisions of the City’s Mandatory Water Conservation Ordinance No. 21‐

02.  Table 6‐1 summarizes the compliance measures that the City may implement during a declared water shortage.

The City Council has determined that the surcharges listed below reasonably compensate the City and its customers for all loss of water and other damages incurred and as will foster water conservation withing the service area. The City will implement the following penalties and charges for excessive water use within its service areas:

Table 6‐1: Excessive Water Use Penalties and Charges
Shortage
Level Violation Notices and Surcharges
2‐6 1st Imposition of increasingly significant penalties so as to create a meaningful incentive to reduce water use.
2‐6 2nd
Any person who knowingly and willfully violates the provisions in the City’s Municipal code is will be charged with an infraction in accordance with subsection 1204.   An infraction under the provisions of the Code shall be punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year of the date of the first violation; (3) a fine not exceeding five hundred dollars ($500.00) for a third  or subsequent violation of the same provision within one year of the date of the first violation.

It should be noted that for the purposes of the UWMP, a first violation will receive a warning and a second violation will be treated as the first violation subject to penalty.
4‐6 3rd
A third orsubsequent violation of the same provision within one year of the date of the first violation may be charged as a misdemeanor and may result in the installation of a flow restriction device or disconnection of the customer’s property from the City’s waterservice system at the customer’s cost.  In addition to any penalties, misdemeanor criminal prosecution and the installation of a water flow restrictor, during a Water Shortage Emergency the Director may disconnect a customer’s water service for willful violations of mandatory restrictions and regulations in the City’s Municipal Code. 4‐6 4th and Subsequent
A person or entity that as a result of violations of Municipal Code has a flow restrictor installed or water service disconnected is responsible for payment of charges for installing and/or removing the flow‐restricting device and for disconnecting and/or reconnecting service in accordance with the City’s fee schedule then in effect. The charge for installing and/or removing any flow restricting device must be paid before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

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6.2 Legal Authorities
The City is governed by a five (5) member City Council Members. The Mayor is directly elected for a two‐year term and the office of Council Members is a four‐year term. The City Council has the legal authority to implement and enforce any and all of the water shortage response actions of this WSCP. Additionally, the City has the legal authority to enact civil citations and penalties in accordance with the City’s Municipal Code and most recent ordinance and resolution update.

In the event of a water shortage emergency where the ordinary demands and requirements of the City’s customers cannot be satisfied without depleting the City’s water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection the City’s Council Members shall declare a water shortage emergency and implement and enforce the corresponding water shortage response actions in accordance with CWC Division 1, §350.

If the City Council Members declare a water shortage emergency, the City shall coordinate with the County of San Luis Obispo to issue a proclamation of a local emergency in accordance with CWC §10632(a)(7)(D).

6.3 Financial Consequences of WSCP Activation
The majority of operating costs for most water agencies are fixed rather than a function of the amount of water sold.

As a result, when significant conservation programs are undertaken, it is frequently necessary to raise water rates because the revenue generated is based on lower total consumption while the revenue required to operate and maintain the water system is basically fixed. The City may choose to adopt a drought water rate structure via a Proposition 218 process for Stages 4 and higher. The City’s WSCP describes that to counteract the financial impact of conservation during a declared water shortage.

6.4 Monitoring and Reporting
The City will monitor, analyze, and report on water production and use data in accordance with CWC §10632(a)(9).

All of the City’s customer connections are metered. Meter classes include single‐family residential, multi‐family residential, mixed use, commercial, industrial, and landscape. Meters are manually read on a monthly basis.

Under all water supply conditions, potable water production figures are recorded daily by Water Treatment Operators.

Totals are reported weekly to the Director of Public Works. The Director of Public Works incorporates the information into a monthly water supply /demand report to the City Council.

During a Stage 1 or Stage 2 watershortage, the Director of Public Works comparesthe monthly production to the target monthly production to verify that the reduction goal is being met. The Director of Public Works presents monthly reports to the City Council. If reduction goals are not met, the Director of Public Works will notify the City Council so that corrective action can be taken.

During a Stage 3 water shortage or Stage 4, the procedure listed above are followed, with the addition of a bi‐monthly production report to the City Council.

During a Stage 5, 6, or an emergency event, reports will also be provided weekly to the City Council. During emergency shortages, production figures are reported to the Director of Public Works regularly or as needed.

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CHAPTER 7 WSCP REFINEMENT, ADOPTION AND SUBMITTAL

7.1 WSCP Refinement Procedures
The WSCP is intended to implement water shortage mitigation strategies that can quickly and effectively reduce water demand during a water shortage event in accordance with CWC §10632(a)(10). The water shortage response actions listed in Table 3‐2 will be routinely monitored as outlined above. If shortage response actions are not effective in meeting the required water use reduction the City Council will have the ability to amend the WSCP as deemed necessary.

7.1.1 Special Water Feature Distinction
The City specifically distinguishes between “Decorative Water Features” and all other water features. In the event of a water shortage potable water use for decorative water features such as fountains is prohibited, and only re‐circulated water can be used to operate ornamental fountains or other decorative water features.

7.2 Plan Adoption, Submittal and Availability
The Notice of the public hearing, held during the November 2021 City Council meeting at City’s office, was sent to the City of Arroyo Grande, City of Pismo Beach, Oceano Community Services District and County of San Luis Obispo on December 2021, in accordance with CWC §10632(a)(c). A copy of the letters from the City to the Cities and County are included in Appendix C of this WSCP.

Table 7‐1: Notification to Cities and Counties
City Name    60 Day Notice Notice of
Public Hearing
City of Arroyo Grande
City of Pismo Beach
County Name 60 Day Notice Notice of
Public Hearing
San Luis Obispo County
A public adoption hearing was held on December 2021 at City’s office. The public hearing provided opportunity for community input. The WCSP update was adopted by the City during the December 2021 City Council meeting by approval of Resolution 2021‐XX. A copy of the resolution can be viewed in Appendix D.

Within 30 days of adoption, the City will submit the WSCP update to the DWR for review. During the DWR review process the City will coordinate with DWR reviewers as necessary. The City will use the online submittal tool located at www.wuedata.water.ca.gov.secure/ developed by the DWR to electronically submit the WSCP update.

Within 30 days of adoption, the City willsubmit a CD of the adopted WSCP to the California State Library at the following address:

California State Library
Government Publications Section
P.O. Box 942867
Sacramento, CA 94237‐001
Attention: Coordinator, Urban Water Management Plans
Within 30 days of adoption, the City will submit an electronic copy of the adopted WSCP update to the City of Arroyo Grande, the City of Pismo Beach, Oceano Community Services District and the County of San Luis Obispo electronically in accordance with CWC Section 10632(a)(c).

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Page | 7‐2
Commencing no later than December 2021, the City will have a copy of the WSCP update available for public review at the City’s office (see address below) during normal business hours and the City’s website https://www.groverbeach.org/.

City of Grover Beach
154 S 8th Street
Grover Beach, CA 93433
Phone – 805.473.4568
Appendix A‐ Relevant Water Code Sections
CHAPTER 1 INTRODUCTION
Law
CWC 10632
(a) The plan shall provide an urban water shortage contingency analysis that includes each of the following elements that are within the authority of the urban water supplier.

Law
CWC 10632(a)(2)
The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decision‐making process that an urban water supplier will use each year to determine its water supply reliability.
(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. (ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier.
(iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment.
(v) A description and quantification of each source of water supply.

CWC 10632.1.

An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year,submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later.

CHAPTER 2 WATER SUPPLY ANALYSIS
Law
CWC 10631 (b)
Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier [in five‐ year increments to 20 years or as far as data is available]1 providing supporting and related information, including all of the following:
(1) A detailed discussion of anticipated supply availability under a normal water year,single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment.

For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change. (2) When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies.
(3) For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies.

CWC 10631 (h)
An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five‐year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water asrequired by subdivision (b), available from the wholesale agency to the urban water supplier over the same five‐year increments, and during various water‐year typesin accordance with subdivision (f). An urban watersupplier may rely upon watersupply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (f).

Law
CWC 10632(a)(3)
(A)  Six standard watershortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percentshortages and greater than 50 percent shortage. Urban water suppliers shall define these shortage levels based on the suppliers’ water supply conditions, including percentage reductions in water supply, changes in groundwater levels, changes in surface elevation or level of subsidence, or other changes in hydrological or other local conditions indicative of the water supply available for use. Shortage levels shall also apply to catastrophic interruption of water supplies, including, but not limited to, a regional power outage, an earthquake, and other potential emergency events. (B)  An urban water supplier with an existing water shortage contingency plan that uses different water shortage levels may comply with the requirement in subparagraph (A) by developing and including a cross‐reference relating its existing categories to the six standard water shortage levels.

CHAPTER 3 WATER SHORTAGE RESPONSE ACTIONS
Law
CWC 10632
(a)(1) Stages of action to be undertaken by the urban water supplier in response to water supply shortages, including up to a 50 percent reduction in water supply, and an outline of specific water supply conditions which are applicable to each stage.
(a)(4) Shortage response actions that align with the defined shortage levels and include, at a minimum, all of the following:
(A)  Locally appropriate supply augmentation actions.
(B)  Locally appropriate demand reduction actions to adequately respond to shortages. (C)  Locally appropriate operational changes.
(D) Additional, mandatory prohibitions against specific water use practices that are in addition to state‐mandated prohibitions and appropriate to the local conditions.
(E) For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.

CHAPTER 4 EMERGENCY RESPONSE ACTIONS
Law
CWC 10632.5. (a)
In addition to the requirements of paragraph (3) of subdivision (a) of Section 10632, beginning January 1, 2020, the plan shall include a seismic risk assessment and mitigation plan to assess the vulnerability of each of the various facilities of a water system and mitigate those vulnerabilities.
(b) An urban water supplier shall update the seismic risk assessment and mitigation plan when updating its urban water management plan as required by Section 10621.
(c) An urban water supplier may comply with this section by submitting, pursuant to Section 10644, a copy of the most recent adopted local hazard mitigation plan or multihazard mitigation plan under the federal Disaster Mitigation Act of 2000 (Public Law 106‐390) if the local hazard mitigation plan or multihazard mitigation plan addresses seismic risk.

CHAPTER 5 SHORTAGE RESPONSE EFFECTIVENESS
Law
CWC 10632 (a)(5)
Communication protocols and procedures to inform customers, the public, interested parties, and local, regional, and state governments, regarding, at a minimum, all of the following:
(A) Any current or predicted shortages as determined by the annual water supply and demand assessment described pursuant to Section 10632.1.
(B) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment described pursuant to Section 10632.1.

CHAPTER 6 COMPLIANCE AND ENFORCEMENT
Law
CWC 10632 (a)(7)
(A) A description of the legal authorities that empower the urban water supplier to implement and enforce its shortage response actions specified in paragraph (4) that may include, but are not limited to, statutory authorities, ordinances, resolutions, and contract provisions.
(B) A statement that an urban water supplier shall declare a water shortage emergency in accordance with Chapter 3 (commencing with Section 350) of Division 1. [see below] (C) A statement that an urban watersuppliershall coordinate with any city or county within which it provides watersupply services for the possible proclamation of a local emergency, as defined in Section 8558 of the Government Code.

CWC Division 1, Section 350
Declaration of water shortage emergency condition. The governing body of a distributor of a public water supply, whether publicly or privately owned and including a mutual water company, shall declare a water shortage emergency condition to prevail within the area served by such distributor whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the distributor to the extent that there would be insufficient water for human consumption, sanitation, and fire protection.

Law
CWC 10632 (a)(8)
A description of the financial consequences of, and responses for, drought conditions, including, but not limited to, all of the following:
(A) A description of potential revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4).
(B) A description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions described in paragraph (4). (C) A description of the cost of compliance with Chapter 3.3 (commencing with Section 365) of Division 1.

Law
CWC 10632 (a)(9)
For an urban retail water supplier, monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance and to meet state reporting requirements.

Law
CWC 10632 (b)
For purposes of developing the water shortage contingency plan pursuant to subdivision (a), an urban water supplier shall analyze and define water featuresthat are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code.

CHAPTER 7 WSCP REFINEMENT, ADOPTION AND SUBMITTAL
Law
CWC 10621
(e) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021… CWC 10644
(a)(1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption. (a)(2) The plan, or amendments to the plan, submitted to the department… shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department.

CWC 10635
(c) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within which it provides water supplies no later than 60 days after the submission of its urban water management plan.

Appendix B‐ County of San Luis Obispo Local Hazard Mitigation Plan San Luis Obispo County
Multi-Jurisdictional Hazard Mitigation Plan
October 2019
wood.

Table of Contents

TABLE OF CONTENTS
Section 1 Promulgation and Adoption............................................................................................. 1-1

1.1 County of San Luis Obispo Board of Supervisors 2005 Adoption........................................ 1-1

1.2 County of San Luis Obispo Board of Supervisors 2011 Adoption........................................ 1-2

1.3 San Luis Obispo County Flood Control and Water Conservation District 2013 Adoption ................................................................................................................................................................................ 1-3

1.4 County of San Luis Obispo Board of Supervisors 2013 Adoption........................................ 1-4

1.5 County of San Luis Obispo Board of Supervisors 2019-2020 Plan Adoption Resolution ................................................................................................................................................................................ 1-4 Section 2 Executive Summary ............................................................................................................ 2-1

2.1 Plan Description ....................................................................................................................................... 2-1

2.2 Plan Purpose and Authority ................................................................................................................. 2-2 Section 3 Planning Process ................................................................................................................. 3-1

3.1 Background on Mitigation Planning in San Luis Obispo County ......................................... 3-1

3.2 What’s New in the Plan Update ......................................................................................................... 3-1

3.2.1 Changes in Jurisdictional Participation .......................................................................... 3-2

3.2.2 Plan Section Review and Analysis - 2019 Update ..................................................... 3-2

3.3 Local Government Participation ......................................................................................................... 3-5

3.4 Planning Process ...................................................................................................................................... 3-

3.4.1 Phase 1: Organize Resources ............................................................................................. 3-8

3.4.2 Phase 2: Assess Risks ........................................................................................................ 3-

3.4.3 Phase 3: Develop the Mitigation Plan ........................................................................ 3-2

3.4.4 Phase 4: Implement the Plan and Monitor Progress ............................................ 3-22 Section 4 San Luis Obispo County Profile ........................................................................................ 4-1

4.1 County History .......................................................................................................................................... 4-1

4.2 Geography .................................................................................................................................................. 4-1

4.3 Cities and Communities ........................................................................................................................ 4-3

4.4 Population and Demographics Profile ............................................................................................ 4-6

4.4.1 Social Vulnerability ............................................................................................................. 4-10

4.5 Economy ................................................................................................................................................... 4-19

4.6 Climate ...................................................................................................................................................... 4-21

4.7 Transportation Systems ...................................................................................................................... 4-22

4.8 Governing Body ..................................................................................................................................... 4-22

4.9 Land Use ................................................................................................................................................... 4-22

4.10 Development Trends ......................................................................................................................... 4-23 Section 5 Risk Assessment .................................................................................................................. 5-1

5.1 Hazard Identification and Prioritization .......................................................................................... 5-2

5.1.1 Methodology and Results ................................................................................................ 5-2

5.1.2 Disaster Declaration History ............................................................................................ 5-5

5.1.3 Climate Change Considerations Summary ............................................................. 5-10 Table of Contents

5.1.4 Overview of Hazard Identification and Risk Assessment .................................. 5-11

5.2 Assest Summary .................................................................................................................................... 5-12

5.2.1 Assets Expsoure ....................................................................................................................... 5-12

5.3 Hazard Analysis and Risk Assessment .......................................................................................... 5-32

5.3.1 Adverse Weather: General ............................................................................................... 5-32

5.3.2 Adverss Weather: Thunderstorm/Heavy Rain/Dense Fog/Freeze ................... 5-35

5.3.3 Adverse Weather: High Wind/Tornado ...................................................................... 5-54

5.3.4 Adverse Weather: Extreme Heat ................................................................................... 5-68

5.3.5 Agricultural Pest Infestation, Plant Disease, Marine Invasive Species and Tree Mortality ................................................................................................................................. 5-78

5.3.6 Biological Agents (Naturally Occurring) ..................................................................... 5-91

5.3.7 Coastal Storm/Coastal Erosion/Sea Level Rise ...................................................... 5-101

5.3.8 Dam Incidents ..................................................................................................................... 5-137

5.3.9 Drought and Water Shortage ...................................................................................... 5-152

5.3.10 Earthquakes, Faults, and Liquefaction....................................................................... 5-168

5.3.11 Flooding ................................................................................................................................ 5-213

5.3.12 Landslides and Debris Flow ........................................................................................... 5-250

5.3.13 Soil Hazards: Land Subsidence .................................................................................... 5-263

5.3.14 Tsunami and Seiche ......................................................................................................... 5-269

5.3.15 Wildfires ................................................................................................................................ 5-281

5.3.16 Hazardous Materials Incidents .................................................................................... 5-297 Section 6 Capability Assessment ....................................................................................................... 6-1

6.1 San Luis Obispo County’s Mitigation Capabilities Overview .................................................. 6-1

6.1.1 San Luis Obispo County’s Regulatory Mitigation Capabilities ............................. 6-3

6.1.2 Combining Designations .................................................................................................. 6-17

6.2 San Luis Obispo County’s Administrative and Technical Mitigation Capabilities ....... 6-18

6.2.1 Department of Planning and Building ........................................................................ 6-18

6.2.2 Office of Emergency Services ......................................................................................... 6-18

6.2.3 Environmental Health Services Division ..................................................................... 6-19

6.2.4 Public Works Department ................................................................................................ 6-19

6.2.5 Local Boards, Commissions, Committees .................................................................. 6-20

6.2.6 State and Federal Programs............................................................................................ 6-21

6.3 San Luis Obispo County’s Fiscal Mitigation Capabilities ....................................................... 6-22

6.4 Hazard Specific Mitigation Capabilities ....................................................................................... 6-23

6.4.1 Adverse Weather capabilities ......................................................................................... 6-23

6.4.2 Agricultural Pest Infestation and Plant Disease Capabilities.............................. 6-23

6.4.3 Biological Agents (Naturally Occurring) Capabilities ............................................ 6-24

6.4.4 Coastal Storm Capabilities ............................................................................................... 6-24

6.4.5 Dam Failure Capabilities ................................................................................................... 6-24

6.4.6 Drought and Subsidence Capabilities ......................................................................... 6-25

6.4.7 Earthquake Capabilities .................................................................................................... 6-26

6.4.8 Flood Capabilities ................................................................................................................ 6-27

6.4.9 Hazardous Materials Capabilities ................................................................................. 6-29

6.4.10 Landslide Risk Reduction Capabilities ........................................................................ 6-30

6.4.11 Tsunami Capabilities .......................................................................................................... 6-30 Table of Contents

6.4.12 Wildfire Capabilities ........................................................................................................... 6-31

6.4.13 Climate Change Capabilities ........................................................................................... 6-34

6.5 Opportunities for Enhancement ..................................................................................................... 6-35 Section 7 Mitigation Strategy ............................................................................................................ 7-1

7.1 Goals and Objectives .............................................................................................................................. 7-1

7.2 Identification and Analysis of Mitigation Actions ....................................................................... 7-3

7.2.1 Prioritization Process ............................................................................................................ 7-5

7.3 Mitigation Action Plan ........................................................................................................................... 7-6

7.3.1 Progress of Previous Mitigating Actions....................................................................... 7-7

7.3.2 Updated Mitigation Action Plan ...................................................................................... 7-9 Section 8 Implementation and Monitoring ..................................................................................... 8-1

8.1 Implementation ........................................................................................................................................ 8-1

8.1.1 Role of Hazard Mitigation Planning Committee in Implementation and Maintenance ............................................................................................................................ 8-2

8.1.2 Process for Incorporation into Existing Planning Mechanisms ............................ 8-2

8.2 Maintenance Monitoring and Evaluation ....................................................................................... 8-3

8.2.1 Maintenance/Monitoring Schedule ................................................................................ 8-4

8.2.2 Maintenance and Evaluation Process............................................................................. 8-4

8.2.3 Disaster Proclamation or Declaration ............................................................................ 8-5

8.3 Continued Public Involvement ........................................................................................................... 8-5 List of Jurisdictional Annexes
Annex A City of Arroyo Grande
Annex B City of Atascadero
Annex C City of Grover Beach
Annex D City of Morro Bay
Annex E City of Paso Robles
Annex F City of Pismo Beach
Annex G City of San Luis Obispo
Annex H Avila Beach CSD
Annex I Ground Squirrel Hollow CSD
Annex J Heritage Ranch CSD
Annex K Los Osos CSD
Annex L Nipomo CSD
Annex M Oceano CSD
Annex N San Miguel CSD
Annex O San Simeon CSD
Annex P Templeton CSD
Annex Q Cayucos Sanitary District
Annex R Port San Luis Harbor District
Annex S San Luis Obispo Flood Control and Water Conservation District Annex T South San Luis Obispo County Sanitation District List of Appendices
Appendix A Hazard Mitigation Planning Committee
Table of Contents
Appendix B Mitigation Categories and Alternatives
Appendix C Planning Process Documentation
Appendix D Jurisdictional Adoption Resolutions
Appendix E Critical Facilities
Appendix F Climate Change Adaptation Planning Guide Consistency Summary Appendix G References
Acknowledgements
San Luis Obispo County Board of Supervisors
County Planning & Building
County Office of Emergency Services
Consulting Team - Wood Environment and Infrastructure Solutions, Inc.

Annex C: City of Grover Beach
San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.1
Community Profile
C.1.1 Mitigation Planning History and 2019 Process
This annex was created during the development of the 2019 San Luis Obispo County Hazard Mitigation Plan update. This Jurisdictional Annex builds upon the previous version of the Multi-Jurisdictional Local Hazard Mitigation Plan for the cities of Grover Beach, Arroyo Grande as well as the Lucia Mar Unified School District and South San Luis Obispo County Sanitation District completed in December 2014 and approved by FEMA in December 2015; that previous mitigation plan was not incorporated into the City’s General Plan, as this updated mitigation plan will be. The City has used the previous mitigation plan as a basis for the Emergency Operations Plan. A review of jurisdictional priorities found no significant changes in priorities since the last update.

The City’s Local Planning Team (LPT) held responsibility for implementation and maintenance of the plan; members are noted below. The Police Chief for Grover Beach Police is responsible for updating the plan.

Table C.1 Grover Beach Hazard Mitigation Plan Revision Planning Group Department or Stakeholder Title
Police Department Chief of Police
Public Works Public Works Director / City Engineer
Community Development Community Development Director
More details on the planning process followed and how the jurisdictions, service districts and stakeholders participated can be found in Chapter 3 of the Base Plan, as well as how the public was involved during the 2019 update.

C.1.2 Geography and Climate
The City of Grover Beach is a coastal community located in the south county area of San Luis Obispo County.

Grover Beach has wide sandy beaches with coastal dunes and is a gateway to Pismo State Beach and Oceano Dunes State Vehicular Recreational Area. According to the City’s 2015 LHMP, Grover Beach has an average high temperature (July) of 70°F and low temperature of 62°F (January). The jurisdiction receives 17.1 inches of rainfall in an average year. While the average temperature is relatively temperate, summer and winter months bring unique weather patterns to the region. Figure C.1 displays a map and the location within San Luis Obispo County of the City of Grover Beach planning area.

Annex C: City of Grover Beach
San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.2
Figure C.1 The City of Grover Beach

Annex C: City of Grover Beach
San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.3
C.1.3 History
On August 1, 1887 Dwight William Grover founded the Town of Grover after purchasing the land for $22,982.20 in gold from John Michael Price, the founder of Pismo Beach. Grover promoted his town as “the place where the tide lands and the rails meet” and had a vision of a community that had a hotel and a train station near the beach. Grover and his partner George Gates laid out a street grid pattern and promoted the community as Grover City, the “grandest summer and winter seaside resort on the Pacific Coast.” Development didn’t flourish in Grover City until 1935 when Horace V. Bagwell bought 1,100 acres and advertised Grover City as the “home of the average man” with land prices affordable to the working man. People and development began to happen and by the mid-1940’s the first store opened in Grover City followed by the first post office. The Fair Oaks Fire District and the Grover City Water District were formed in 1949 and supported a boom in population throughout the 1950’s. On December 21, 1959 the people of Grover City voted to incorporate and become the City of Grover City. In 1992, the City had become more established and the residents of Grover City decided to rename the community to “Grover Beach”. By 1996 the train station Dwight William Grover dreamed of became a reality when Amtrak began rail service at a newly constructed Grover Beach Train Station.

C.1.4 Economy
Select estimates of economic characteristics for the City of Grover Beach are shown in Table C.2.

Table C.2 City of Grover Beach Economic Characteristics, 2013-2017 Characteristic City of Grover Beach
Families below Poverty Level (%) 10%
All People below Poverty Level (%) 14%
Median Family Income $65,250
Median Household Income $61,482
Per Capita Income $30,873
Population in Labor Force 6,613
Population Employed* 6,260
Unemployment 309
Source: CA Department of Finance U.S. Census Bureau American Community Survey 2013-2017 5-Year Estimates, www.census.gov/ *Excludes armed forces
Table C.3 show how the City of Grover Beach’s labor force breaks down by industry based on estimates from the 2013-2017 five-year American Community Survey.

Annex C: City of Grover Beach
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City of Grover Beach | February 2020 Annex C.4
Table C.3 City of Grover Beach’s Employment by Industry, 2013-2017 Industry # Employed % Employed
Educational Services, and Health Care and Social Assistance 1,640 26% Retail Trade 572 9%
Professional, Scientific, and Mgmt., and Administrative and Waste Mgmt. Services 789 13% Manufacturing 245 4%
Arts, Entertainment, and Recreation, and Accommodation, and Food Services 786 13% Construction 520 8%
Finance and Insurance, and Real Estate and Rental and Leasing 286 5% Public Administration 251 4%
Other Services, Except Public Administration 240 4%
Wholesale Trade 234 4%
Transportation and Warehousing, and Utilities 439 7%
Agriculture, Forestry, Fishing and Hunting, and Mining 57 1% Information 192 3%
Total 6,251 100%
Source: U.S. Census Bureau American Community Survey 2013-2017 5-Year Estimates, www.census.gov/ C.1.5 Population
According to data extracted by the California Department of Finance from U.S. Census Bureau’s American Community Survey 5-Year Estimates (2013-2017), the total population for the City of Grover Beach was estimated at 13,524 persons. Select demographic and social characteristics for the City of Grover Beach from the 2013-2017 American Community Survey are shown in Table C.4.

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San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.5
Table C.4 City of Grover Beach’s Demographic and Social Characteristics, 2013-2015 Characteristic City of Grover Beach
Gender/Age
Male 6,687
Female 6,837
Median age (years) 36
Under 5 years 1,236
Under 18 years 3,435
65 years and over 1,875
Race/Ethnicity
White 7,952
Asian 393
Black or African American 316
American Indian/Alaska Native 101
Hispanic or Latino (of any race) 4,279
Native Hawaiian and Other Pacific Islander 126
Education
% High school graduate or higher 85%
Disability Status
% of Population 5 years and over with a
disability 15%
Source: CA Department of Finance, U.S. Census Bureau American Community Survey 2013-2017 5-Year Estimates, www.census.gov/ C.1.6 Development Trends
The City’s General Plan Land Use Element (2012) recognizes that a majority of the City has been developed and future development will be concentrated on vacant properties and redevelopment of underutilized properties.

The following figures from the San Luis Obispo County Council of Governments (COG), 2050 Regional Growth Forecast for San Luis Obispo County show the projected population and housing unit growth between 2010 and 2050. According to the COG’s document the City’s population is projected to increase to over 15,000 residents by 2050.

Annex C: City of Grover Beach
San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.6
Figure C.2 City of Grover Beach Population Projections, 2010 to 2050 Source: 2050 Regional Growth Forecast for San Luis Obispo County, San Luis Obispo Council of Governments and Beacon Economics, June 2017 Figure C.3 City of Grover Beach Housing Unit Projections, 2010 to 2050 Source: 2050 Regional Growth Forecast for San Luis Obispo County, San Luis Obispo Council of Governments and Beacon Economics, June 2017 The California Department of Finance State Demographic Report released on May 1, 2019 indicated the current population of 13,533 and between January 1, 2018 and 2019 the City of Grover Beach lost 0.6 percent of its population. Statewide, California’s 2018 population growth rate (0.47%) was the slowest in the State’s history.

Hazard Identification and Summary
The Grover Beach Planning Team identified the hazards that affect the City and summarized their frequency of occurrence, spatial extent, potential magnitude, and significance specific to Grover Beach (see Table C.5). There are no hazards that are unique to Grover Beach. The overall hazard significance takes into account the geographic area, probability and magnitude as a way to identify priority hazards for mitigation purposes. This is discussed further in the Vulnerability Assessment Section.

Annex C: City of Grover Beach
San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.7
Table C.5 City of Grover Beach – Hazard Summaries
Hazard Geograph
ic Area
Probability of
Future
Occurrence
Magnitude/
Severity
(Extent)
Overall
Significance
Coastal Storm/Coastal Erosion/Sea Level Rise Limited Occasional Limited Low Dam Incidents Significant Unlikely Limited Low
Drought and Water Shortage Extensive Likely Limited High Earthquake Extensive Occasional Critical High
Flood Limited Occasional Limited Low
Tsunami and Seiche Limited Occasional Limited Low
Wildfire Limited Occasional Limited Low
Human Caused: Hazardous Materials Limited Occasional Negligible Low Geographic Area
Limited: Less than 10% of planning area
Significant: 10-50% of planning area
Extensive: 50-100% of planning area
Probability of Future Occurrences
Highly Likely: Near 100% chance of occurrence in next year or happens every year.

Likely: Between 10 and 100% chance of occurrence in next year or has a recurrence interval of 10 years or less.

Occasional: Between 1 and 10% chance of occurrence in the next year or has a recurrence interval of 11 to 100 years.

Unlikely: Less than 1% chance of occurrence in next 100 years or has a recurrence interval of greater than every 100 years.

Magnitude/Severity (Extent)
Catastrophic—More than 50 percent of property
severely damaged; shutdown of facilities for more
than 30 days; and/or multiple deaths
Critical—25-50 percent of property severely
damaged; shutdown of facilities for at least two
weeks; and/or injuries and/or illnesses result in
permanent disability
Limited—10-25 percent of property severely
damaged; shutdown of facilities for more than a
week; and/or injuries/illnesses treatable do not result in permanent disability
Negligible—Less than 10 percent of property severely
damaged, shutdown of facilities and services for less
than 24 hours; and/or injuries/illnesses treatable with first aid
Significance
Low: minimal potential impact
Medium: moderate potential impact
High: widespread potential impact

Annex C: City of Grover Beach

San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.8
Vulnerability Assessment
The intent of this section is to assess Grover Beach’s vulnerability separate from that of the County as a whole, which has already been assessed in Section 5.3 Risk Assessment in the Base Plan. This vulnerability assessment analyzes the population, property, and other assets at risk to hazards ranked of medium or high significance that may vary from other parts of the planning area.

The information to support the hazard identification and risk assessment was based of the previous LHMP for the City. A Local Hazard Mitigation Plan Update Guide and associated worksheets was distributed to each participating municipality or special district to complete during the 2019 update process. Information collected was analyzed and summarized in order to identify and rank all the hazards that could impact anywhere within the County, as well as to rank the hazards and identify the related vulnerabilities unique to each jurisdiction.

Each participating jurisdiction was in support of the main hazard summary identified in the Base Plan (See Table

5.2). However, the hazard summary rankings for each jurisdictional annex may vary slightly due to specific hazard risk and vulnerabilities unique to that jurisdiction. Identifying these differences helps the reader to differentiate the jurisdiction’s risk and vulnerabilities from that of the overall County.

Note: The hazard “Significance” reflects overall ranking for each hazard and is based on the City of Grover Beach’s Planning Team member input from the Data Collection Guide and the risk assessment developed during the planning process (see Chapter 5 of the Base Plan), which included a more detailed qualitative analysis with best available data.

The hazard summaries in Table C.5 reflect the hazards that could potentially affect the City. The discussion of vulnerability for each of the following hazards is located in C.3.2 Estimating Potential Losses. Based on this analysis, the priority hazard (High Significance) for mitigation is earthquake. Those of Medium or High significance for the City of Grover Beach are identified below. • Drought and Water Shortage
• Earthquake
Other Hazards
Hazards assigned a significance rating of Low or which do not differ significantly from the County ranking (e.g., Low vs. High) are not addressed further in this plan and are not assessed individually for specific vulnerabilities in this section. Those hazards include agricultural hazards, biological agents, adverse weather hazards, wildfires, and landslides.

C.3.1 Assets at Risk
This section considers Grover Beach’s assets at risk, including values at risk, critical facilities and infrastructure, historic assets, economic assets, and growth and development trends.

Values at Risk
The following data on property exposure is derived from the San Luis Obispo County 2019 Parcel and Assessor data. This data should only be used as a guideline to overall values in the City as the information has some limitations. The most significant limitation is created by Proposition 13. Instead of adjusting property values annually, the values are not adjusted or assessed at fair market value until a property transfer occurs. As a result, overall value information is likely low and does not reflect current market value of properties. It is also important to note that in the event of a disaster, it is generally the value of the infrastructure or improvements to the land

Annex C: City of Grover Beach

San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.9
that is of concern or at risk. Generally, the land itself is not a loss. Table C.6 shows the exposure of properties (e.g., the values at risk) broken down by property type for the City of Grover Beach.

Table C.6 2019 Property Exposure for the City of Grover Beach by Property Types Property Type
Parcel
Count
Improved
Value
Content
Value Total Value
Agricultural 1 $3,139 $3,139 $6,278
Commercial 242 $71,707,475 $71,707,475 $143,414,950
Government/Utilities 37 $21,533 -- $21,533
Other/Exempt/Misc. 135 $31,280,820 -- $31,280,820
Residential 3,054 $506,840,814 $253,420,407 $760,261,221 Multi-Family Residential 600 $135,833,108 $67,916,554 $203,749,662 Mobile/Manufactured Homes 39 $2,752,757 $1,376,379 $4,129,136 Residential: Other 550 $102,234,078 $51,117,039 $153,351,117 Industrial 27 $11,177,087 $16,765,631 $27,942,718
Vacant 28 $4,325,265 -- $4,325,265
Total 4,713 $866,176,076 $462,306,623 $1,328,482,699
Source: Wood Plc analysis based on ParcelQuest and San Luis Obispo County Assessor’s Office data 2019 Critical Facilities and Infrastructure
A critical facility may be defined as one that is essential in providing utility or direction either during the response to an emergency or during the recovery operation. See Section 5 of the Base Plan for more details on the definitions and categories of critical facilities.

An inventory of critical facilities in the City of Grover Beach from San Luis Obispo County GIS is provided in Table C.7 and illustrated in Figure C.4. A more detailed list of the critical facilities, their location square footage and values from the City’s 2015 HMP can be found as an attachment to this Annex.

Table C.7 City of Grover Beach’s Critical Facilities
Facility Type Counts
Multi-modal Center (Amtrak Station) 1
Community Centers (evacuation centers
including City Hall)
3 Fire Stations 1
Local Law Enforcement 1
Private Schools 1
Public Schools 3
Emergency Communications Facility 1
Sewer Lift Stations 3
Storm Basin Pump Station 1
Water Booster Pumps 1
Water Reservoirs 3
Water Wells & Treatment Facilities 4
Total 23
Source: San Luis Obispo County Planning & Building, HIFLD 2017

Annex C: City of Grover Beach

San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.10
Transportation and Lifeline Facilities
State Route 1 and U.S. Highway 101 border the City of Grover Beach on the west and the northeast of the City limits. Route 1 serves as a two-lane arterial for the City and merges with Highway 101 north of the City. In addition to these major transportation routes adjacent to Grover Beach, the City also offers multi-modal transportation options for residents including bike lanes, bus routes and the Grover Beach Train Station.

According to the City’s 2015 LHMP the Grover Beach Train Station is listed as being vulnerable to earthquakes, flooding, wildfire and tsunami hazards. Other vulnerable City owned transportation and lifeline facilities were noted in the 2015 plan with a combined value of nearly $50 million. The complete list of vulnerable transportation and lifeline facilities can be found in an attachment to this Annex.

Annex C: City of Grover Beach

San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.11
Figure C.4 City of Grover Beach Critical Facilities

Annex C: City of Grover Beach

San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.12
Historic and Cultural Resources
While the City of Grover Beach has no registered state or federal historic sites, there are several assets within Grover Beach that define the community and represent the City’s history. Many of the historical sites of importance to Grover Beach have been converted into different uses but the historic buildings still stand. In honor of the City’s 50th Anniversary a self-guided tour pamphlet was created and lists the following historic sites. • Grover Beach City Hall – 154 South 8th Street
• Precision Automotive (now Grover Beach Fire Station) – 701 Rockaway Avenue • Grover City Hall/Fire Department (now Exploration Station) – 967 Ramona Avenue • Grover City Development (now Spoon Trade Restaurant) – 295 West Grand Avenue • White’s Malt Shop (now Enterprise Rental Car) – 502 West Grand Avenue • The Keen Agency (now Taco De Mexico) – 791 West Grand Avenue • Marshall – Spoo Sunset Funeral Chapel – 1239 Longbranch Avenue • Yeackel’s / Fairlane Department Store (now Ron’s Nursery)– 850 West Grand Avenue • Grover City Shoe – (now South County Sanitary) – 866 West Grand Avenue • Greg’s Restaurant (DarWish Cuisine) – 967 West Grand Avenue • Grover City Pharmacy (now Green Bargain) – 901 West Grand Avenue • First Southern Baptist Church (now Beacon Chiropractic) 902 West Grand Avenue • Grover City Feed Store (now Ben’s Computer Outlet) – 983 West Grande Avenue • Blinking Owl (now Villa Del Mar) – 110 West Grand Avenue • Pizza Fresh – 1301 West Grand Avenue;
• Mobile Station (now Nan’s Bookstore) – 1328 West Grand Avenue • Spears Residence (now Salon Dee) – 122 North 16th Street This is now Hogge Insurance Services • A&W Root Beer (now Higher Grounds) – 1754 Grande Avenue this is now Crossroads Cafe Source: City of Grover Beach Historic Self-Guided Tour http://www.grover.org/DocumentCenter/Home/View/1455 Natural Resources
Natural resources are important to include in benefit-cost analyses for future projects and may be used to leverage additional funding for projects that also contribute to community goals for protecting sensitive natural resources. The City of Grover Beach has designated areas on the coast as Coastal Open Space Zone; according to the City of Grover Beach Local Coastal Program (2014) this zone is designed to protect and preserve sensitive natural areas including but not limited to those containing significant habitat areas, rare or endangered plant and animal species, and erosion-prone lands. Awareness of natural assets and designated natural areas can lead to opportunities for meeting multiple objectives. For instance, protecting wetlands areas protects sensitive habitat as well as attenuates and stores floodwaters.

Economic Assets
Tourism and the industries that support tourists and tourism activities are one of the greatest economic assets in the City of Grover Beach. Additionally, the commercial cannabis industry has taken off and has become a critical economic asset for the City in terms of tax revenue. The City is located close to multiple destinations including Pismo State Beach, Oceano Dunes State Recreation Area, and the Guadalupe-Nipomo Dunes National Wildlife Refuge.

The HMPC reviewed the economic strengths and competitive advantages listed in the City of Grover Beach Final Economic Development Strategy (April 11, 2017), and identified the following:

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City of Grover Beach | February 2020 Annex C.13
• Grover Beach is one of the few areas within the Southern SLO County area that has undeveloped industrial land, however these properties are quickly transforming into developed industrial and commercial holdings. • Growth in commercial cannabis. The commercial cannabis industry has played a major role in the last few years in redeveloping properties, as well as new industrial construction within the undeveloped industrial zone. The City will continue to be a future “synergy” location for commercial cannabis within San Luis Obispo County with testing labs, manufacturing, warehousing, and retail sales of commercial cannabis. • Transient occupancy tax revenue recovered quickly following the Great Recession. The development of additional lodging facilities including the Grover Beach Lodge, the Northeast Grover Beach Mixed-Use Development, and 950 El Camino Real. Development of these hotels will provide Grover Beach with an opportunity to increase tourism to the community.
• Higher quality retail and food service establishments have entered the market and increased the City’s regional draw
• Grover Beach has a reputation as a business-friendly community with a local government that is fairly easy to work with, compared to other communities.

C.3.2 Estimating Potential Losses
Note: This section details vulnerability to specific hazards of high or medium significance, where quantifiable, and/or where (according to Planning Team member input) it differs from that of the overall County.

Table C.6 above shows Grover Beach’s exposure to hazards in terms of number and value of structures. San Luis Obispo County’s parcel and assessor data was used to calculate the improved value of parcels. The most vulnerable structures are those in the floodplain (especially those that have been flooded in the past), unreinforced masonry buildings, and buildings built prior to the introduction of modern-day building codes.

Impacts of past events and vulnerability to specific hazards are further discussed below. (See Section 5.1 for more detailed information about these hazards and their impacts on San Luis Obispo County as a whole.) Dam Incidents
The Lopez Dam, a high hazard earthen dam located upstream from the community, poses the greatest risk to Grover Beach if an incident was to occur. Failure of the Lopez Dam would follow the Arroyo Grande Creek in a westerly direction approximately 3,000 feet in each direction of the centerline of the creek channel. A total of 5,319 persons and 2,392 properties would be inundated in the City of Grover Beach if the Lopez Dam was to fail.

Note that the Lopez Dam inundation mapping used to arrive at this information came from the County of San Luis Obispo’s Planning & Building/GIS Departments.

A majority of properties at risk are residential (2,119 properties) and have a combined value of $539,526,282 (refer to Table C.8 below). Refer to the Critical Facilities in the Lopez Dam Inundation Area, by Type of Facility table, in the Base Plan for details on the type of various types of critical facilities at risk. A failure of the Lopez Dam would also affect Highway 101 impeding or reducing flows of goods, people and resources into and out of Grover Beach and potentially impacting the entire region. There have been no past dam incidents or failures in the jurisdiction of the City of Grover Beach. Refer to the Dam Incidents Section in Chapter 5 of the Base Plan for additional discussion on the potential impacts of dam incidents in the County.

This information was derived from the most recent dam inundation mapping, parcel, and critical facility data available to the County of San Luis Obispo. The Grover Beach planning team added the following comments related to dam failure and inundation hazards:

Annex C: City of Grover Beach

San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.14
• Lopez Dam failure would result in overtopping of Arroyo Grande Creek which would cause a backwater condition in Meadow Creek, primarily along Highway 1 and the Union Pacific Railroad tracks. • There are two facilities deemed critical to the City which are at risk from this flooding: The Train Station and the Front Street Sanitary Sewer Lift Station. However, neither of these was originally included in the countywide critical facility dataset and as such were not mapped or included in tables or summary results. • Grover Beach would be surrounded by flood waters and Highway 101 would be impassible at Oak Park Boulevard if the Lopez Dam were to cause inundation downstream, which would limit ingress/egress to Highway 101 to the northwest and significantly restrict access by emergency services from outside the city.

Table C.8 Lopez Dam Inundation Estimate Losses by Property Type Property Type
Parcel
Count
Improved
Value
Content
Value Total Value Loss Estimate Population
Agricultural 1 $3,139 $3,139 $6,278 $3,139 --
Commercial 120 $24,487,269 $24,487,269 $48,974,538 $24,487,269 -- Government/Utilities 29 -- -- $0 $0 --
Other/Exempt/Misc. 84 $21,487,616 -- $21,487,616 $10,743,808 -- Residential 1,488 $234,335,647 $117,167,824 $351,503,471 $175,751,735 3,735 Multi-Family Residential 316 $74,162,097 $37,081,049 $111,243,146 $55,621,573 793 Mobile/Manufactured Homes 2 $391,213 $195,607 $586,820 $293,410 5 Residential: Other 313 $50,795,230 $25,397,615 $76,192,845 $38,096,423 786 Industrial 21 $8,932,723 $13,399,085 $22,331,808 $11,165,904 -- Vacant 18 $2,764,023 -- $2,764,023 $1,382,012 --
TOTAL 2,392 $417,358,957 $217,731,586 $635,090,543 $317,545,272 5,319 Source: San Luis Obispo County Planning and Building Dept., Assessor’s Office, ParcelQuest, Wood Plc Parcel Analysis

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City of Grover Beach | February 2020 Annex C.15
Figure C.5 City of Grover Beach Dam Inundation Extent

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San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.16
Figure C. 6 Dam Inundation Map

Source San Luis Obispo County

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San Luis Obispo County Local Hazard Mitigation Plan
City of Grover Beach | February 2020 Annex C.17
Drought and Water Shortage
The City of Grover Beach’s main water supplies are from surface water and groundwater. The surface water supply source is Lake Lopez or the Lopez Project, which is also the main supply for the other communities in the Five Cities Area. Grover Beach has an entitlement of 800 acre-feet per year (afy) from the Lopez Project. Grover Beach also receives a portion of its water supply (1,198 afy) from the Arroyo Grande Plain of the Tri-Cities Mesa Subbasin of the Santa Maria Valley Groundwater Basin which also supplies water for the cities of Arroyo Grande, Pismo Beach and the Oceano CSD. A majority of water consumption is by residential properties. According the San Luis Obispo Council of Government (COG) report, 2050 Regional Growth Forecast for San Luis Obispo County (2017), the figure below shows the projected water demand in the City of Grover Beach from 2015 to 2030. The City of Grover Beach’s population is not expected to grow dramatically by 2035 and as a result the water demand is not projected to increase over the next 20 to 30 years.

Figure C.7 Projected Water Demand in Grover Beach, 2015 to 2030 Source: 2050 Regional Growth Forecast for San Luis Obispo County, San Luis Obispo Council of Governments and Beacon Economics, June 2017 Severe drought events in recent years have caused concerns on the impact on the City’s limited water supply. In 2006 the City of Grover Beach adopted the Water Shortage Contingency Plan which defines what constitutes a recommendation for a water shortage proclamation, provides specific triggers for actions stages and designated responsibilities of City Council and Departments. The Grover Beach City Council annually reviews rainfall and other information on water amounts, and determines the appropriate actions to take. In 2014, with the below average rainfall and low storage levels in Lopez Lake, City Council determined the City’s water supplies were headed towards a condition of severe water shortage. As a result, on June 16, 2014 the City Council declared a Stage III Water Shortage and mandatory water conservation measures. The City had previously been under a Stage II Declaration for two years that placed voluntary prohibitions on water usage. The Declaration required those voluntary prohibitions become mandatory and all customers to reduce their water usage by 10 percent.

Stage III also gave the City the authority to impose penalties for failure to comply with water reduction or use prohibitions.

The returned Data Collection Guide from the City of Grover Beach Planning Team noted that due to the region’s water supply being served by a mix of reservoir and pumped well water, the state-wide drought in California has led to regional impacts, including watering restrictions that according to the Planning Team has led to landscaping on many properties to die, increasing the risk of wildfire for some properties.