AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, APRIL 24, 2023, 6:00 PM
Next Resolution No .23-09
Next Ordinance No. 23-02
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 Daniel Rushing, Clint Weirick, Mayor Pro Tem Robert Robert, and Mayor Karen Bright
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
1. Proclamation for Arbor Day
2. Proclamation for National Travel & Tourism Week
PRESENTATIONS
None
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item. Written comments will be read out loud during the City Council meeting on the appropriate agenda item subject to the customary 3-minute time limit.
Agenda: Grover Beach City Council Meeting Page 2
Monday, April 24, 2023
PUBLIC COMMUNICATIONS
During this time, the Council will allow up to 15 minutes for Public Communication with additional communication, if necessary, allowed after the Regular Business Items. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.
3. Treasurer’s Report for the Period March 1, through March 31, 2023 (Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
4. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period March 1, through March 31, 2023.
(Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
5. Minutes of the City Council Meeting on Monday, April 10, 2023. (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
6. Award of Consulting Services Agreement for the Front Street Sewer Lift Station Upgrade Project (CIP 5003) – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris
(Recommended Action: Approve a Consulting Services Agreement with Tough Automation for lift station controls design and integration services, in the amount of $87,993, associated with the CIP 5003 Front Street Sewer Lift Station Upgrades Project and authorize the Mayor to execute the agreement on behalf of the City.)
ROLL CALL VOTE
7. Resolution to Approve the California Coastal Commission and Caltrans Request to Consolidate a Coastal Development Permit for the Caltrans Broadband Middle Mile Network Project – Community Development Director Martin and Senior Planner Castillo (Recommended Action: Adopt a Resolution approving the California Coastal Commission’s and Caltrans request for consolidation of a Coastal Development Permit for development of broadband infrastructure along Highway 1 related to the Broadband Middle Mile Network project.)
ROLL CALL VOTE
PUBLIC HEARING
None
Agenda: Grover Beach City Council Meeting Page 3
Monday, April 24, 2023
REGULAR BUSINESS
8. Appointment to Fill City Council Vacancy – City Manager Bronson (Recommended Action: Conduct interviews of applicants and make an appointment to fill an existing vacant City Council seat for the term ending in December 2024.)
ROLL CALL VOTE
9. Fire Services Update – City Manager Bronson
(Recommended Action: Receive the final report of the Baker Tilly review of current and future needs for fire and emergency medical services and provide input and direction to staff on proposed service levels and staffing recommendations for fire services beginning in FY 2023-24 and a draft Joint Powers Authority agreement for an Amended and Restated Five Cities Fire Authority.)
10. 2023 City Council Assignments to Boards, Commissions and Committees – City Manager Bronson
(Recommended Action: Adopt the Resolution confirming certain Council assignments and authorize the City Clerk to update FPPC Form 806 for posting on the City’s website.)
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: ____________) 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) __________ (Alt: Clint Weirick) REACH SLO Advisory Commission __________ (Alt: Robert Robert) South County Chambers of Commerce __________ (Alt: Daniel Rushing) Visit SLO CAL Advisory Committee __________ (Alt: Robert Robert) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Daniel Rushing) Five Cities Fire Joint Powers Authority Daniel Rushing (Alt: Clint Weirick) SLO Council of Governments / SLO Regional Transit Authority Daniel Rushing (Alt: Karen Bright) (SLOCOG / SLORTA)
South County Transit Committee Daniel Rushing (Alt: Karen Bright) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright) SLO County Water Resources Advisory Committee (WRAC) Clint Weirick (Alt: Robert Robert) Agenda: Grover Beach City Council Meeting Page 4
Monday, April 24, 2023
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.
CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS
CLOSED SESSION
None
ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
U2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
U2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
DECLARING APRIL 28, 2023,
AS NATIONAL “ARBOR DAY”
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this special day, the last Friday in April called national “ARBOR DAY”, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, “ARBOR DAY” is observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil from wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, Grover Beach desires to continue its tree-planting practices; and WHEREAS, the Grover Beach Parks and Recreation Department will conduct a celebration of the importance of trees on Arbor Day with activities to celebrate the importance of trees for the community and provide free tree saplings.
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council does herby officially proclaim April 28, 2023, as national “ARBOR DAY” in Grover Beach, and urges all citizens to support efforts to care for our trees and woodlands, and to support our community tree program.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 24th day of April 2023.
Karen Bright, Mayor
Attest:
Wendi B. Sims, City Clerk
Agenda Item No. 1
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
DECLARING MAY 7-13, 2023 as
“NATIONAL TRAVEL AND TOURISM WEEK”
WHEREAS, travel has a positive effect on California and the nation’s economic prosperity and image abroad; it also impacts business productivity and individual travelers’ well-being; and
WHEREAS, travel has one been of the hardest hit industries during the COVID pandemic, yet still provides significant economic benefits for the nation by generating more than $2 billion in economic output and nearly $910 billion spent directly by travelers; and WHEREAS, travel is among the largest private-sector employers in the United States, supporting 12 million jobs or 1 in every 10 in 2021; and WHEREAS, travel is a significant economic driver in every region of the country with the largest sources being food services ($238 billion) and lodging ($206 billion) in 2021; and WHEREAS, meetings, events and incentive travel are core business functions that help companies strengthen their business and employee performance and reward business accomplishments, which in turn boosts the U.S. economy; and WHEREAS, travel continues to be a pillar of economic growth in San Luis Obispo County, adding $1.78 billion to our local economy in 2021 and contributing $104 million in local tax receipts for the betterment of our community; and WHEREAS, travel has been the foundation of a healthy workforce as one of the largest private-sector employers in California, putting almost 20,000 people to work each day in our county; and
WHEREAS, welcoming visitors from near and far has always been, and will always be, the enduring ethos of the travel industry in the U.S., California and Grover Beach, California.
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council does herby officially proclaim May 7 – 13, 2023 as “National Travel and Tourism Week”.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 24th day of April, 2023.
Karen Bright, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 2
RESOURCES DESCRIPTION
Balance from February 28, 2023 $ 5,779,083.89
Deposits 2,082,809.10
Check Number Date
Voided Checks 72704-72759 03/16/23 485,723.47
72760 03/17/23 1,420.00
From Street Bond Acct 158,028.47
Total Resources $ 8,507,064.93
EXPENSES
DESCRIPTION PERIOD ENDING CK DATE CHECK NUMBER AMOUNT
WR 03/02/23 72593-72655 291,432.75
WR 03/09/23 72656 - 72703 387,248.94
PR Direct Deposit 03/05/23 03/10/23 5360611 – 536067 159,962.51 PR Manual Check 03/05/23 03/10/23 536750 664.92
WR 03/16/23 72704-72759 485,723.47
WR 03/17/23 72760 1,420.00
WR 03/17/23 72761-72816 485,723.47
WR 03/23/23 72817-72846 97,099.37
PR Direct Deposit 03/19/23 03/24/23 5360678 – 5360744 162,370.95 WR 03/27/23 72847 1,000.00
WR 03/30/23 72848-72908 184,433.41
Electronic Transfers 344,409.17
Returned Checks,Chargebacks 21,257.33
Credit Card Payments Service Charge 3,380.32
Deposit Correction 90.00
Total Expenditures $ 2,626,216.61
Cash Balance as of March 31, 2023 $ 5,880,848.32
Respectfully,
Lorena Zarate
Finance Manager
CITY OF GROVER BEACH
Treasurer's Report for April 24, 2023 City Council Meeting March 1, 2023 to March 31, 2023
Agenda Item No. 3
ACCOUNTS PAYABLE
CHECK DATE 03/02/2023
Check Name Check Amount Check Date Invoice Desc
72593 5Cities Homeless Coalition 30,318.85 03/02/2023 Warming Shelter Oct 23, 2022 to Dec 31, 2022 CDBG-CV- 2/3 72594 A M Peche & Associates LLC 660.00 03/02/2023 Hourly services and expenses for Consulting Services 72595 ACE Certified Tree Care 1,000.00 03/02/2023 Grover Heights Park - Tree Clean-up General Administration and reporting - 20=CDBG=CV2-3
72596 ADAMS ASHBY GROUP LLC 2,750.00 03/02/2023 Homeless Program January 2023 AFLAC INC. ATTN: REMITTANCE
72597 PROCESSING SERVICES 655 .74 03/02/2023 Feb 2023 Premiums 72598 AMAZON CAPITAL SERVICES 681.03 03/02/2023 City Hall Office Supplies AMERICAN LEGAL PUBLISHING American Legal Publishing_lnv 23274_SupplementPages_l -31- 72599 CORPORATION 2,172.37 03/02/2023 23
ANIMAL SERVICES ATTN : ACCOUNTS
72600 RECEIVABLE 20,469.25 03/02/2023 Animal Services Q3 FY 2022-23 72601 Anna Lanier 96.59 03/02/2023 Reimb Anna for Tiny Tots Supplies 3.1.23 72602 AT&T 136.16 03/02/2023 Monthly Water Alarm Circuits 2/7 /23-3/6/23 72603 AT&T 604.85 03/02/2023 City Hall & PD Fax & Modem 12/22/22-1/21/23 72604 AT&T 629.05 03/02/2023 City Hall & PD Fax & Modem 1/22/23-2/21/23 72605 AUTO ZONE INC 51.48 03/02/2023 Spark Plug and Ignition Coi l for Unit 201 B & W Property Management C/O
72606 FLORENCE PATA 158.61 03/02/2023 UB Refund due to ovrpmt on Closing Acct# 20419 72607 BAKER TILLY US, LLP 30,450.00 03/02/2023 Baker Tilly Inv BT2312161 Fire Dept Org Review 1-13-23
BLUE SHIELD OF CA LIFE & HEALTH
72608 MEDICAL EYE SERVIC 830.30 03/02/2023 March 2023 - Employee insurance premiums Per Diem while attending CA Police Chiefs Assn Annual
72609 Bryan Millard 335 .00 03/02/2023 Conference 2023 in Monterey, CA 3-11-23 72610 CALIFORNIA ELECTRIC SUPPLY 130.21 03/02/2023 Lamp @ Grover Heights Tennis Courts Supervisory Notes Application; MakeNOTE Training (2 days on 72611 Cl Technologies, Inc. 7,900.00 03/02/2023 site training 72612 CITY OF GROVER BEACH WATER DEPT. 978.96 03/02/2023 City Water Accounts 12/1/22-2/1/23
CITY OF SAN LUIS OBISPO FINANCE
72613 DEPARTMENT 254.44 03/02/2023 City of SLO SLO CO CM Monthly Meetings 2022 2-8-2023 72614 COASTLAND INC 5,900.00 03/02/2023 March Grounds Maintenance - #1321 Costa Bella 72615 DAVID CASTILLEJA 83 .00 03/02/2023 2796 Castilleja security deposit refund 2/19/23 Contract No. 500-50272428 for 2/15/23 - 3/14/23 for
72616 DE LAGE LANDEN 116.58 03/02/2023 Canon/imageFORMULA DR-G2110 72617 El Dorado Brands LLC 4,000.00 03/02/2023 Rent at 921 Huston - March 2023 Rent ENTERPRISE RENT-A-CAR ATTN : ACCTS
72618 RECEIVABLE 173.01 03/02/2023 Enterprise mb Inv 32283809 LCC CMConference 2-28-23 Kristin Eriksson_LCC City Managers Conference_Milage
72619 ERIKSSON, KRISTIN 374.66 03/02/2023 Reimbursement 2-2023 72620 EXECUTIVE JANITORIAL INC. 1,250.00 03/02/2023 Monthly service GBCC & Ramona. Building Attendant Services 72621 Fastenal Company 701.50 03/02/2023 50 XLWHTY127SWH Lodging and Per Diem while attending 2 Day Leadership & 72622 GOODMAN MATTHEW 368.18 03/02/2023 Accountability training in Folsom, CA 3-13-23 72623 GRAND AWARDS 25.86 03/02/2023 2" x 8" wall sign, black/gold metal for M . Basanese and J Ruiz 72624 GROVER TOOL RENTAL 699.50 03/02/2023 Pole Saw Rental
IIMC INTERNATIONAL INSTITUTE OF
72625 MUNICIPAL CLERKS 125.00 03/02/2023 IIMC DeputyCityClerk AnnualMembership_l-12-2023 72626 J.B. DEWAR INC. 5,324.85 03/02/2023 Gasoline charges for PW vehicles Check Name
72627 JAY SWIFT
72628 Law Offices of Tristan Verburgt
72629 League of Cal ifornia Cit ies
72630 LEE WILSON ELECTRIC CO. INC
72631 LIEBERT CASSIDY WHITMORE
72632 MIER BROS LANDSCAPE PRODUCTS
72633 MISSION LINEN SUPPLY SAP #110035
72634 New Times
72635 Office Depot
72636 PACIFIC GAS AND ELECTRIC
72637 Peak WiFi.com
72638 R. BAKERINC.
72639 SAFETY-KLEEN SYSTEMS INC.
72640 SAN LUIS OBISPO CO SHERIFF'S OFFICE
72641 Santander Bank, N.A.
72642 Shade Structures, Inc
72643 Siteone Landscape Supply, LLC
72644 SM TIRE INC.
72645 South County Chambers of Commerce
72646 SOUTHERN CALIF GAS CO
72647 SpeakWrite Billing Department
STANLEY CONVERGENT SECURITY
72648 SOLUTIONS INC.
72649 TCA Tools Inc
72650 TERMINIX PROCESSING CENTER
72651 Traffic Management, Inc.
72652 Tripepi, Smith & Associates, Inc.
72653 ULTREX
72654 VERIZON WIRELESS
72655 WALLACE GROUP
TOTAL $
Check Amount Check Date Invoice Desc
500.00 03/02/2023 Medical reimbursement per retiree contract - March 2023 900.00 03/02/2023 Attorney services - Gold Coast Enterprises League of CA Cities_lnv 1790_2023ChannelCountiesDues_l -27- 300.00 03/02/2023 2023
1,655.04 03/02/2023 Time and Material 2023 - 4th & Grand/ 8th & Grand 6,860.00 03/02/2023 Professional services rendered through 1/31/2023 211.19 03/02/2023 Fill Sand - Yard
438.34 03/02/2023 Mat and mop service for 2/15/23
212.00 03/02/2023 New Times Inv 349974 NewspaperAd-PC 1-26-2023 1,274.44 03/02/2023 Office Depot Inv 284786550001 ComDevSupplies 1-6-23 20,193.91 03/02/2023 PGE PW+ Parks & Rec 1/19/23-2/16/23 2,840.00 03/02/2023 Network Services - Cannibas Video Wal l 5,144.85 03/02/2023 TM Reset Boxes - Feb 2, 203 Nacimiento 206.74 03/02/2023 Parts Washers
174.00 03/02/2023 Lab Statement for September 2022
68,728.69 03/02/2023 Police Command Unit - Contract No. 002-0028012-000 29,808.90 03/02/2023 Shade Structure
229.17 03/02/2023 Round Up - Grand Ave Medians
773.80 03/02/2023 Tires Truck #302
5,833.00 03/02/2023 SCCC Inv 14629 EcoDevJan2023 2-14-2023 3,520.52 03/02/2023 Gas charges for City Facilities 1/14/23-2/13/23
22.79 03/02/2023 Billing for February 2023
74.23 03/02/2023 Maintenance Charges 16th & Mentone 3/1/2023-3/31/2023 228.38 03/02/2023 Equipment for the Shop
301.00 03/02/2023 GBCC exterior pest control 1/24/23
517 .44 03/02/2023 Street Signs
14,797.00 03/02/2023 Triepepi Smith Inv 9034 Retainer 11-15-2023 391.31 03/02/2023 Sharp/ MX-50711/13/23-2/12-23
363.73 03/02/2023 Cellular Phones for PW Crew
City of GB Sewer Video Inspection North Half CM . Services 4,527.25 03/02/2023 rendered through January 31, 2023
291,432.75
ACCOUNTS PAYABLE
CHECK DATE 03/09/2023
Check Name Check Amount Check Date Invoice Desc
Winter Warming Center CDBG-CV2/3 1/1/2023 to
72656 5Cities Homeless Coalition 39,785.85 03/09/2023 1/31/2023 72657 ACE Certified Tree Care 200.00 03/09/2023 Branch Clean up - Pike Basin Storm Debris/ 112 72658 Alexander's Contract Services 3,910.16 03/09/2023 South Side Meter Reads - 2878 72659 BACKYARD IMPROVEMENT CENTER 81.76 03/09/2023 New Pedestrian sign @ the Beach entrance 72660 Big Brand Tire & Service 360.90 03/09/2023 Tires for Trailer 2759 2/11/23 Grover Beach Community Cent er partial
72661 Camacho, Maria 872.00 03/09/2023 security deposit refund 72662 CARQUEST AUTO PARTS 619.58 03/09/2023 Alternator for Unit 204 72663 CHARTER COMMUNICATIONS 741.58 03/09/2023 City Facilities - Internet Charges 2/11/23-3/10/23 72664 CITY OF PISMO BEACH 49,000.00 03/09/2023 Dispatching Services for February 2023 72665 Code 3 Technology LLC 5,375 .16 03/09/2023 Tough book CF-33 MDC for PD - ARPA
COUNTY OF SAN LUIS OBISPO
72666 ENVIRONMENTAL HEALTH SER 1,022.00 03/09/2023 Chargeable Report Writing/Correspondence 72667 Dana Safety Supply 6,849.84 03/09/2023 Kit for 2022 Ford Ranger for PD - ARPA 72668 DATAPROSE LLC 2,209.54 03/09/2023 Utility Billing - Feb 2023
DEPT OF JUSTICE ACCOUNTING
72669 OFFICE/CASHIERING UNIT 405.00 03/09/2023 Department Livescan Statement for February 2023 72670 DUTCH HOFFMAN 84.43 03/09/2023 UB Rfd due to Ovrpmt on a Closing Acct# 21549 72671 ERIK D GUTTERUD 43 .36 03/09/2023 UB Rfd due to Ovrpmt on a Closing Acct# 16400 72672 FAMCON Pipe & Supply, Inc. 1,909.11 03/09/2023 Water Supplies 72673 FARM SUPPLY COMPANY 89.42 03/09/2023 Propane Torch Kit 72674 FRANCHISE TAX BOARD 75.00 03/09/2023 Franchise Tax Board Garnishment for employee 72675 GENESSA BARTON 111.00 03/09/2023 UB Rfd due to Ovrpmt on a Closing Acct# 21245 Lodging and Per diem to attend Less Lethal Instructor's 72676 Gerber, Sonny 587.05 03/09/2023 Course in Ventura, CA 3/19/23 72677 GLENN BURDETTE, INC. 7,000.00 03/09/2023 TDA audit of financial statements Grover Beach Police Officers Association dues for paycheck 72678 GROVER BEACH POLICE OFFICERS ASSOC. 1,045.00 03/09/2023 date 3-10-23 72679 Hale, David P - Law Offices of David P. Hale 13,440.50 03/09/2023 Feb 2022 Attorney Fees HERITAGE TREE ARBORICULTURAL Addendum to /30/2022 Tree risk assessment and 72680 CONSULTING 1,400.00 03/09/2023 maintenance recommendations report - Front St Emergency Curb & Gutter Repair@ Nacimiento Street.
72681 J.F. Will Company, Inc. 18,947.00 03/09/2023 Proposal 23-1012 72682 Kichler, Denise 1,072.00 03/09/2023 2767 2/25/23 security deposit refund 72683 KIMBALL MIDWEST 357.68 03/09/2023 Extension & Lubricant for shop 72684 LEE SILVA 226.94 03/09/2023 UB Rfd due to Ovrpmt on a Closing Acct# 21537 Lodging, Parking and Per Diem while attending CAPE 2023 72685 Leveque, Tracy 1,203.49 03/09/2023 Annual Training Seminar in Garden Grove, CA 4-3-23 Sewer System Upgrades CIP 5002. Billing through Feb 25, 72686 Michael K. Nunley & Associates, Inc. 7,430.95 03/09/2023 2023 72687 MIER BROS LANDSCAPE PRODUCTS 942.81 03/09/2023 Sidewalk repairs S 8th & Longbranch - concrete 72688 Moreno, Ramon 477.00 03/09/2023 2797 Ramona 3/3/23 security deposit refund Check Name Check Amount Check Date Invoice Desc
72689 Munoz,Christopher 83.00 03/09/2023 2700 16th St 1/21/23 security deposit refund Per Diem while attending POST Executive Development
72690 MUNRO,JIM 335 .00 03/09/2023 Course 3-20-23 thru 3-24-23 in San Diego, CA 72691 NICHOLAS NETTERSTROM 43.61 03/09/2023 UB Rfd due to Ovrpmt on a Closing Acct# 20871 72692 Principal Life Insurance Company 5,330.98 03/09/2023 Employee insurance premiums - March 2023 72693 PROCARE JANITORIAL SUPPLY 865 .00 03/09/2023 Supplies 72694 RICHARD TATLEY 13.25 03/09/2023 UB Refnd due to Ovrpmt on Closing Acct 21646 72695 Rincon Consultants, Inc 4,713.00 03/09/2023 Project 22-13619 402 W Grand Ave Infill Project 72696 RLH Construction 5,301.10 03/09/2023 Final Ramona Install Tuition for Caleb Scherrer to attend FTO Class 2/27 to 3/3/23 72697 Santa Rosa Junior College 49.50 03/09/2023 in Santa Rosa, CA SOUTH SAN LUIS OBISPO CO. SANITATION
72698 DISTRICT 194,422.10 03/09/2023 SLO SoCounty San Dist Monthly Pmt for Jan 2023 72699 STATE DISBURSEMENT UNIT 250.00 03/09/2023 Child Support Garnishment for employee 72700 STATE DISBURSEMENT UNIT 154.50 03/09/2023 Child Support Garnishment for employee 72701 Taylor, Hannah 83.00 03/09/2023 2782 16th St 2/11/23 security deposit refund 72702 Venco Power Sweeping, Inc. 6,152.72 03/09/2023 Street Sweeping Service - February 2023 72703 VERIZON WIRELESS 1,576.07 03/09/2023 Monthly charges - Com Dev & Parks (1/27 /23-2/26/23) TOTAL $ 387,248.94
' :ACCOUNTS PAYABLE
CHECK DATE 03/17/2023
Check Name
72761 ABALONE COAST ANALYTICAL INC
72762 AGP Video
72763 AMAZON CAPITAL SERVICES
AMERICAN TRAFFIC BARRICADE &
72764 SAFETY CO.
72765 AT&T
72766 Beaschler, Terry
72767 Boone Print ing & Graphics
72768 Briscoe, Robert & Diane
72769 Burdine Print ing
72770 CENTRAL COAST FENCE
Coastal 0cc Med Grp OBA AKESO 0cc
72771 Healt h
72772 COBB TREE'S INC.
CRISP ENTERPRISES OBA CRISP
72773 IMAGING
72774 CSMFO
72775 DAVID R DURINGER
72776 DE LAGE LANDEN
72777 DE LAGE LANDEN
72778 Deltina Coffee Roasters
72779 DJ'S PLUMBING INC
72780 Field Van, Inc.
72781 Furniture Installation Team
72782 Hacienda Gardening
72783 Holden, Paul
72784 Kenneth C. Hampian
Litigation Services & Technologies of
72785 California
72786 MARYL MORGAN
72787 Med-Stops Medical Clinic, Inc
72788 MINERS HARDWARE
72789 MNS Engineers, Inc.
72790 NOBLE SAW
72791 O'REILLY'S AUTOMOTIVE INC
Check Name
72792 Office Depot
PHOENIX GROUP INFORMATION
72793 SYSTEMS
72794 PITNEY BOWES INC.
72795 PORTABLE JOHNS INC.
72796 Pro Force Law Enforcement
72797 Ready Refresh by Nestle
72798 SAN LUIS OBISPO CO SHERIFF'S OFFICE
Check Amount Check Date Invoice Desc
1,420.00 03/17/2023 Coliform P/A, Nitrate, ELAP Fee
2,615.00 03/17/2023 AGP Video Inv 9043 CC-PC Meeting Recording 3-7-23
20.42 03/17/2023 Amazon Business Inv 1M4Q-6P4H-F6YD Suppl ies 3-16-23 8,948.89 03/17/2023 Aquaphalt - PW
2,059.17 03/17/2023 City Hall Telephones 1/25/23 - 2/24/23
50.00 03/17/2023 Smart Irrigation Rebate@ 1750 Newport
289.57 03/17/2023 Boone Graphics Inv 90501 CityLetterhead 3-8-2023 750.00 03/17/2023 Cash for Grass Rebate@ 1795 La Selva 809.91 sq ft
91.48 03/17/2023 Burdine Inv 47388 Name Tags and Plates 2-14-2023 737.99 03/17/2023 Replaced motor - Loe# 101 / PD
930.00 03/17/2023 Akeso_lnv 11856_preEmploymentPhysical_MRhyne_2-24-23 14,970.00 03/17/2023 Fallen Tree removal @ 1226 San Sorrento Ct/ STORM 2023 2,425.34
125.00
10.00 312.08
67.43 62 .50
165.00
64,749.00
4,898.18
380.00
750.00
6,300.00
4,300.50
126.89
1,633.00
1,245.17
2,420.00
7,036.46
898.04
Check Amount
764.53
2,583.19
447.50
108.12
1,479.87
380.98
03/17/2023
03/17/2023
03/17/2023
03/17/2023
03/17/2023
03/17/ 2023
03/17/2023
03/17/2023
03/17/2023
Building plan scans
Management Balance Due
UB Refund due to ovrpmt on Closing Acct# 19669
Contract 500-50083574 for Sharp/MX-5071 Copier for 3/1/23 - 3/31/23
Contract 500-50136288 for Sharp/MX-304W Copier for 3/1/23 - 3/31/23
Deltina Coffee_lnv 1705_ OfficeCoffee_3-7-2023
Cleared stoppage@ breakroom toilet- City Hall Loc#lO0
Initial payment as requested for Field Van for Pol ice
Department
PW- Javier's Electric Desk/Project 24262-a AH base PW
Gopher Treatment for February 2023 / Ramona Park#114 &
03/17/2023 Mentone#112
03/17/2023 Cash for Grass Rebate@ 1191 Margarita 1098.73 sq ft 03/17/2023 Kenneth Hampian_City Council Goals_3-7-2023
03/17/2023
03/17/2023
03/17/2023
03/17/2023
03/17/2023
03/17/ 2023
03/17/2023
Check Date
Transcript of Proceedings for City Appeal Hearing of Juan Leon Day 2
UB Refund due to ovrpmt on Closing Acct# 15483
MedStop_km_lnv 23751_CNeal-MMartin_3-7-2023
REMOTE HD KEY FOR TRUCK 407
CM for Trouville, S 7th, Ocean View. Measure K-14 Street Repairs CIP 2295-14. Professional services for the period January 1, 2023 to January 31, 2023
Power Supplies
Parts for truck #409
Invoice Desc
03/17/2023 Office Supplies
03/17/2023 Billing for January 2023
03/17/2023 Postage Machine Lease 12/30/22-3/29/23
03/17/2023 Single Unit Rental 1/15/23 - 2/11/23
03/17/2023 Male Panel Set for R. Gonzales; black and soft trma pit 5x7 03/ 17/ 2023 Bottled water for City Hall - Feb 2023
2,956.31 03/17/2023 CLETS Invoicing for 2023
72799 SENTINEL SECURITY SOLUTIONS, Inc 4,356.48 03/17/2023 New Monitoring Devices 72800 Soule, Josephine 350.72 03/17/2023 refund overpayment made on BP-21-00194 SOUTH SAN LUIS OBISPO CO.
72801 SANITATION DISTRICT 125,067.22 03/17/2023 SLO So.County San .Dist. Monthly Fees for February 23
STANLEY CONVERGENT SECURITY
72802 SOLUTIONS INC. 74.23 03/17/2023 Maintenance Charges 4/1/23-4/30/23. 16th & Mentone 72803 Stop & Go Pest Control 350.00 03/17/2023 Homeless area at 16th St Park - Bed Bug Treatment Loc#109 72804 TERMINIX PROCESSING CENTER 279.00 03/17/2023 Pest Control -City Hall - loc#l00 72805 Traffic Management, Inc. 2,109.89 03/17/2023 Sign for Streets 72806 Trick Industries 1,808.37 03/17/2023 CST Graphics for truck for PD 72807 Tripepi, Smith & Associates, Inc. 3,441.00 03/17/2023 Tripepi Smith Inv 9480 Website Build-Design 2-9-23 72808 Tyler Technologies, Inc 121,502.00 03/17/ 2023 Tyler - U 2/1/23 - 1/31/24 Temporary Employment for Administrative Services W/E 2-12- 72809 UNITED STAFFING ASSOCIATES, LLC 1,150.68 03/17/2023 23 72810 US BANK - CM9690 1,320.00 03/17/2023 Admin Fees
US BANK CORPORATE PAYMENT
72811 SYSTEMS 20,365.23 03/17/2023 City Employee Credit Card Charges 72812 Video Inspection Specialists 55,719.83 03/17/2023 Phase 1 Invoice 72813 Vine, Gregory 50.00 03/17/2023 Smart Irrigation Rebate@ 1480 Huntington Ave 72814 Vital Records Holdings, LLC 199.26 03/17/ 2023 Document storage - Feb 2023 72815 Vital Records Holdings, LLC 149.95 03/17/2023 Document storage - Jan 2023 Ramona Garden Park Design Project 0636-0025-00. Services 72816 WALLACE GROUP 7,922.00 03/17/2023 rendered through January 31, 2023 TOTAL $ 485,723.47
ACCOUNTS PAYABLE
CJHECK DATE 03/23/2023 I
I
Check Name Check Amount Check Date Invoice Desc
72817 5Cities Homeless Coalition 9,792.41 03/23/2023 CDBG-CVl Childcare Training Services 3/1/2021-1/31/2023 72818 Anna Lanier 108.81 03/23/2023 Reimburse Anna for Tiny Tots supplies 3.16.23 72819 Anna Lanier 1,540.00 03/23/2023 Claims for service TT Anna March 2023 72820 AQUA-METRIC SALES CO. 3,491.97 03/23/2023 2" water meters 72821 Axon Enterprise, Inc. 62,218.54 03/23/2023 Body Cameras, Licenses, dock stations for PD 72822 Boyd, Trish 83.00 03/23/2023 2791 GHUpper 3/12/23 refund security deposit Per Diem while attending Advanced Instructor Development - 72823 Bryan Millard 335.00 03/23/2023 Phase I in Santa Ana, CA 4/2/23 thru 4/7 /23 72824 Charlotte L Ritter 56.00 03/23/2023 Claims for service Dance Fitness March 2023 72825 CITY OF GROVER BEACH WATER DEPT. 564.03 03/23/2023 2295-14 End of Nacimiento 72826 Doomsday Skate, LLC 637.00 03/23/2023 Claims for service March 2023 youth and adult skate Cleaning for Ramona & GBCC along with Building Attendant 72827 EXECUTIVE JANITORIAL INC. 1,100.00 03/23/2023 Service March 2023 72828 FRANCHISE TAX BOARD 75.00 03/23/2023 Franchise Tax Board Garnishment for employee GROVER BEACH POLICE OFFICERS Grover Beach Beach Police Officers Association Dues for check 72829 ASSOC. 1,045.00 03/23/2023 date 3-24-23
72830 J.B. DEWAR INC. 3,246.49 03/23/2023 PD Gas Statement 3/1/23 through 3/15/23 72831 JAS PACIFIC 4,434.07 03/23/2023 Feb2023 JAS Bldg Plan Checks 72832 Jeffries, Krista 83.00 03/23/2023 2772 16th ST 2/18/23 Krista Jeffries security deposit refund 72833 Jennifer Ann Anderson 84.00 03/23/2023 Claims for service Yoga March 2023 72834 Kristopher Doe 264.83 03/23/2023 Claims for service paint for March 2023.
Time and Material 2023: Oak Park & Grand, 8th & Grand, 4th & 72835 LEE WILSON ELECTRIC CO. INC 570.02 03/23/2023 Grand
LEWIS BRISBOIS BISGAARD & SMITH
72836 LLP LAWYERS 175.00 03/23/2023 Re: Water Issues. Current Fees through 1/31/23 Narvacanian Association of Central
72837 Ca lifornia, Inc 345.00 03/23/2023 2739 3/18/23 GBCC Security deposit refund 72838 PHELAN KATHRYN 294.00 03/23/2023 Claims for service Tai Chi March 2023 72839 SANDY MERSHON 3,189.20 03/23/2023 Claims for service TT Sandy March 2023 72840 SANDY MERSHON 108.98 03/23/2023 Reimburse Sandy for Tiny Tots Supplies 3.22.23 72841 Sarabia, Juan 83.00 03/23/2023 2774 16th St 3/12/23 security deposit refund
STANLEY CONVERGENT SECURITY
72842 SOLUTIONS INC. 203.94 03/23/2023 Monitoring charges GBCC 4/1/23 - 6/30/23 72843 STATE DISBURSEMENT UNIT 250.00 03/23/2023 Chi ld Support Garnishment for employee 72844 STATE DISBURSEMENT UNIT 154.50 03/23/2023 Child Support Garnishment for employee 72845 Valentine, Lisa 30.00 03/23/2023 Refund class cancelled March 2023 Project 0636-0026-00 City of GB Regulatory Compliance
Assi stance FY 2022-2023. Professional services rendered 72846 WALLACE GROUP 2,536.58 03/23/2023 through January 31, 2023 TOTAL $ 97,099.37
1 ACCOUNTS PAYABLE
CHECK DATE 03/27/2023
Check Name
Food Bank Coalition of San Luis Obispo
72847 County
Special Check Run - Total
Check
Amount Check Date Invoice Desc
Leadership dialogue with the City of Grover
1,000.00 03/27/2023 Beach
$ 1,000.00
ACCOUNTS PAYABLE
CHECK DATE 03/30/2023
Check Name Check Amount Check Date Invoice Desc
72848 5Cities Homeless Coal ition 31,231.71 03/30/2023 CDBG-2020Contract Svcs: Security Deposits July-Sept 2022 72849 A M Peche & Associates LLC 6,048.03 03/30/2023 Consu ltant services and expenses CDBG-CVl Contract Svcs : Chi ldcare Training General Admin 72850 ADAMS ASHBY GROUP LLC 2,937.50 03/30/2023 (Feb 2023) AFLAC INC. ATTN : REMITTANCE
72851 PROCESSING SERVICES 655 .74 03/30/2023 March 2023 AFLAC Premiums 72852 AIRGAS USA LLC 143.70 03/30/2023 Large Acetylene, Large Argon, Large Oxygen 72853 AMAZON CAPITAL SERVICES 1,718.65 03/30/2023 PW Printer 72854 Applied Technology Group, Inc. 78.68 03/30/2023 External speaker - PD PD Unit 201 Camshaft replacement and replaced al l seals 72855 ARROYO GRANDE CHEVROLET 8,572 .50 03/30/2023 and gaskets. 72856 AT&T 136.16 03/30/2023 Monthly Water Alarm Circuits 3/7 /23-4/6/23 72857 AT&T 653 .40 03/30/2023 City Hall & PD Fax & Modem 2/22/23 3/21/23 72858 AT&T 2,035.02 03/30/2023 City Ha ll Telephones 2/25/23 - 3/24/23 72859 AUTO ZONE INC 38.79 03/30/2023 Flashlight for PW Water & Sewer
BLUE SHIELD OF CA LIFE & HEALTH
72860 MEDICAL EYE SERVIC 746.90 03/30/2023 Employee insurance premium - April 2023 CALIFORNIA DEPARTMENT OF Inmate pay, Guarding, M ileage, Admin Charges, Inmate 72861 CORRECTIONS AND REHABILIT 2,942.03 03/30/2023 Welfare 2/23. Streets & 109 16th St Park 72862 Carrot-Top Industries, Inc. 1,846.01 03/30/2023 Logo floormats for PD 72863 CITY OF GROVER BEACH WATER DEPT. 5,755.72 03/30/2023 City Water Account ( South Side ) 1/1/2023 - 3/1/2023 Laserfiche software support renewal for the period of
72864 COMPLETE PAPERLESS SOLUTIONS 2,725.00 03/30/2023 4/20/23 to 4/29/24
CONFLUENCE ENGINEERING SOLUTIONS,
72865 INC 3,237.50 03/30/2023 DOW Compliance Support. Invoice Period 2/1/23-2/ 28/23 72866 Corvey, Grace 83.00 03/30/2023 2792 3/25/23 16th St Corvey security deposit refund 72867 CSG Consultants, Inc 2,506.01 03/30/2023 CSG Bldg plan reviews Feb2023 72868 Cuesta Polygraph & Investigations 9,840.91 03/30/2023 Pre Employment Background M . Basanese 72869 DE LAGE LANDEN 108.74 03/30/2023 Copy machine lease - Contact# 500-50272428 72870 DEAN MITCHELL 210.17 03/30/2023 UB Refund due to ovrpmt on Closing Acct# 21191 72871 ERIN NELSON 84.24 03/30/2023 UB Refund due to ovrpmt on Closing Acct# 21343 72872 EXECUTIVE JANITORIAL INC. 11,230.00 03/30/2023 March 2023 GB Restrooms & Train Station Cleaning 72873 Figueroa, Jose 161.19 03/30/2023 Refund for 2023 BTC already paid 72874 GRAINGER 152.50 03/30/2023 Parts & Tools for large barricades NCMA 2022 Annual Report. Services from February 1,2023
72875 GSI Water Solutions, Inc 6,180.26 03/30/2023 through February 28, 2023 72876 Hamon Overhead Door Company 585.27 03/30/2023 Door components and labor for PD 72877 HD Supply Inc USA Blue Book 2,254.40 03/30/2023 Pulsatron Series E Plus Pump for Well #1 72878 HELEN CABRAL 67.58 03/30/2023 UB Refund due to ovrpmt on Closing Acct# 20729 72879 J.B. DEWAR INC. 2,046.19 03/30/2023 Gasoline charges for PW vehicles 72880 KENNETH A FRIED 363.32 03/30/2023 UB Refund due to ovrpmt on Closing Acct# 15048 72881 KERA WATERS 85.98 03/30/2023 UB Refund due to ovrpmt on Closing Acct# 21412 72882 KIMBALL MIDWEST 561.13 03/30/2023 Spil l Kit
72883 KIMBERLY ARNOLDUSSEN 209.86 03/ 30/ 2023 UB Refund due to ovrpmt on Closing Acct# 20911 72884 Leon, Janay 83.00 03/30/2023 2793 16th Park 3/18/ 23 security deposit refund
LEWIS BRISBOIS BISGAARD & SMITH LLP
72885 LAWYERS 75 .00 03/30/2023 Water Issues - Current Fees through 2/28/ 23 72886 LexisNexis Risk Data Management, Inc. 1,697.86 03/30/2023 AVCC Annual Subscription 2022/11/01-2022/11/30 72887 MAINLINE UTILITY COMPANY 1,600.00 03/30/2023 Lift Station Cleaning 72888 Mattocks, Karla 523 .34 03/30/2023 Per Diem & Mileage for Law Conference 3/15/23-3/17 /23 McCall Const Oba/McCall Plumbing &
72889 Mechanical 286.25 03/30/2023 FAU Malfunctioning @ 1150 Farrall 72890 MIER BROS LANDSCAPE PRODUCTS 571.08 03/30/2023 Fill Sand for Storm Water Check Name Check Amount Check Date Invoice Desc
72891 Molly E Thurmond 5,660.00 03/30/2023 Jan 2023 Attorney Services - General 72892 Munoz-Morris, Gabriel 101.55 03/30/2023 PW "Thank You" Lunch Reimbursement 72893 PACIFIC GAS AND ELECTRIC 18,636.60 03/30/2023 Public Works & Parks & Rec Electric 2/18/23-3/21/23 72894 Principal Life Insurance Company 5,211.78 03/30/2023 Employee insurance premium - Apri l 2023 72895 Quinn Company 100.72 03/30/2023 Parts for Backhoe RACO Manufacturing & Engineering
72896 Company 2,250.00 03/30/2023 Alarm Agent service
72897 RLH Construction 15,601.56 03/30/2023 CCB OFFICE REMODEL - 177 S. 8TH STREET 72898 SOUTHERN CALIF GAS CO 1,933 .39 03/30/2023 Gas charges for City Facilities 2/9/2023 - 3/13/2023
STATE CONTROLLER DEPT ACCT OFFICE
72899 ATTN : ACCT REC 2,419.84 03/30/2023 Annual Street Service Period 7 /1/22-6/30/23 72900 STREATOR PIPE & SUPPLY 443 .09 03/30/2023 114-RAMONA PARK RESTROOM SINK SUPPLIES 72901 TCA Tools Inc 1,098.05 03/30/2023 Equipment for the Shop 72902 TEMPLETON UNIFORMS 829 .13 03/30/2023 Un iforms for CST Maxwell Rhyne 72903 ULTREX 494.74 03/30/2023 Sharp/ MX-5071 2/13/23 - 3/12/23 72904 UNITED RENTALS (NORTH AMERICA) INC 320.81 03/30/2023 Steel Plate Ring - Streets/Water 72905 Varoz, Mark 83 .00 03/30/2023 2798 16th Park 3/26/23 security deposit refund Varoz 72906 VERIZON WIRELESS 373.33 03/30/2023 PW Cellular Phones Feb 17- Mar 16, 2023 72907 Video Inspection Special ists 15,783 .00 03/30/2023 Additional CIPP Patches Covered und Change Orders 72908 Wiggin, Erin 22.50 03/30/2023 PW "Thank You" Lunch Reimbursement TOTAL 184,433.41
Agenda Item No. 4
MINUTES
CITY COUNCIL MEETING
MONDAY, APRIL 10, 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 Juliana Flores, 11 years old and a 6th grade student at Grover Beach Elementary School.
ROLL CALL
City Council: Council Members Daniel Rushing, Clint Weirick, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present.
City Staff: City Manager Matthew Bronson, City Attorney David Hale, City Clerk Wendi Sims, Police Chief John Peters, Administrative Services Director Deanne Purcell, Finance Manager Lorena Zarate, Community Development Director Megan Martin, Public Works Director/City Engineer Greg Ray and CIP Manager Erin Wiggin were also present.
CLOSED SESSION ANNOUNCEMENTS:
None.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as submitted.
CEREMONIAL CALENDAR
1. Proclamation for the Sexual Assault Action Month (SAAM) was read by Council Member Rushing and accepted by Lumina Alliance Board Member Nancy DePue.
PRESENTATIONS
None
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.
• John Wysong
• Roanna Bennie
No further comments were received and the Mayor closed the Public Communications segment for this portion of the meeting.
Agenda Item No. 5
Minutes: City Council Meeting Page 2
Monday, April 10, 2023
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. No comments were received and the Mayor closed public comment.
It was motioned by Council Member Rushing and seconded by Mayor Pro Tem Robert to approve Consent Agenda Item No 2 as recommended. The motion carried on the following voice vote:
AYES: Council Members – Rushing, Weirick, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
2. Minutes of the City Council Meeting on Monday, March 27, 2023.
Action: Approved the minutes as submitted.
PUBLIC HEARING
3. Annual Master Fee Schedule Update
Mayor Bright read the title to the foregoing item and deferred to staff for a report.
Finance Manager Zarate gave a PowerPoint presentation.
Mayor Bright declared the public hearing open and invited public comment on this matter.
No comments were received at this time and the Mayor closed the public hearing.
Action: It was motioned by Mayor Pro Tem Robert and seconded by Council Member Weirick to Adopt Resolution No. 23-08 updating the Citywide Master Fee Schedule approving Cost Increases based on the Consumer Price Index and other changes to become effective July 1, 2023.
AYES: Council Members – Rushing, Weirick, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
RESOLUTION NO. 23-08: A Resolution of the City Council of the City of Grover Beach, California Amending the Master Fee Schedule.
Minutes: City Council Meeting Page 3
Monday, April 10, 2023
REGULAR BUSINESS
4. Cleaver & Clark Commons Affordable Housing Project Update and Development Impact Fee Deferral Request
Mayor Bright read the title to the foregoing item and deferred to staff for a report.
Community Development Director Martin and David Gibbs with RRM Design Group presented a staff report discussing the status of the Cleaver & Clark Commons MultiFamily Affordable Housing Project and the Development Impact Fee Deferral Request.
Mayor Bright invited public comment on this matter.
• Scott Collins – Housing Authority of San (HASLO)
• Dahlia Flores with People’s Self-Help Housing (PSHH)
No additional public comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Council Member Weirick and seconded by Council Member Rushing to Receive a presentation on the status of the Cleaver & Clark Commons multifamily affordable housing project (DA 21-20); and direct the Community Development Director to execute an agreement with People’s Self-Help Housing and the Housing Authority of San Luis Obispo for a Development Impact Fee (DIF) deferral until issuance of a Certificate of Occupancy or Final Inspection, whichever occurs first, and condition any issuance of building permits to require the execution of the DIF agreement consistent with Government Code Section 66007.
AYES: Council Members – Rushing, Weirick, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
5. Direction for Final Design for Ramona Garden Park Project (CIP 1259) Phases 1 and 2 and Authorize Application for Community Development Block Grant Mayor Bright read the title to the foregoing item and deferred to staff for a report.
CIP Manager Wiggin gave a PowerPoint presentation on the design update and the Community Development Block Grant.
Mayor Bright invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Minutes: City Council Meeting Page 4
Monday, April 10, 2023
Action: It was motioned by Mayor Pro Tem Robert and seconded by Council Member Weirick to Receive an update on the design including input from the Parks, Recreation, and Beautification Commission; and provided direction for the final design of Phase 1 and Phase 2 of Ramona Garden Park CIP 1259; and authorized staff to apply for a Community Development Block Grant in the amount of $3 million for the project.
AYES: Council Members – Rushing, Weirick, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
6. Authorization for Purchase of Real Property at 0 Calvin Court Mayor Bright read the title to the foregoing item and deferred to staff for a report.
Public Works Director/City Engineer Ray gave a PowerPoint presentation regarding the Purchase of Real Property at 0 Calvin Court
Mayor Bright invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Council Member Rushing and seconded by Council Member Weirick to Provide ratification and approval of the escrow and contract for the purchase agreement for the property at 0 Calvin Court identified as Assessor’s Parcel Number 060- 543-007.
AYES: Council Members – Rushing, Weirick, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
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. No comments were received and the Mayor closed public comment.
COUNCIL COMMITTEE REPORTS
Council Member Rushing reported on the San Luis Obispo Council of Governments (SLOCOG) meeting.
Minutes: City Council Meeting Page 5
Monday, April 10, 2023
Council Member Weirick discussed attending the SLO County Water Resources Advisory Committee (WRAC) meeting.
Mayor Bright reported on the South SLO County Sanitation District (SSLOCSD) meeting.
COUNCIL COMMUNICATIONS
Council Member Weirick discussed his Police Department tour, his upcoming LCC Leadership Summit and the events he attended; the South County Chambers of Commerce Ribbon Cutting Ceremony for the Grand Re-opening of Ribline, Grover Beach Library Spring Book sale, The Grange’s April Pancake Breakfast, and the Grover Beach Elementary School Talent Show. He also mentioned he connected with some of our local non-profits operating in the city, the Exploration Discovery Center, Casa Solana Recovery Home, Captive Hearts Ministries, and Lumina Alliance.
Mayor Pro Tem Robert discussed attending the Ribbon Cutting for the Grand Re-Opening of Ribline and the new addition of an Ice Cream Parlor. He also mentioned The Grange Yard Sale taking place this Saturday from 9:00 am – 2:00 pm.
Council Member Rushing mentioned the upcoming Strawberries through Grover Beach event.
Mayor Bright gave kudos to Grover Beach Police Department for a situation with her neighbor.
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson mentioned he also went to Ribline’s new Ice Cream Parlor and thanked Ribline for their investment in the City of Grover Beach. He stated that Friday, April 14th at 5:00 p.m. is the application deadline for the Council Member vacancy process, we will then bring forward the applicants to the Council for interviews and appointment at the next City Council meeting on April 24th. He also mentioned Ron Rodman will be resigning from the Planning Commission and a term that is expiring at the end of May, which will be 2 vacant seats. Finally, he mentioned the work that has been done on the Camping Ordinance that was adopted at the last meeting, explained staff has been diligently working on the preparation for the effective date of April 28th and we are working with a contractor to fabricate and install the fence in late May.
CITY ATTORNEY’S REPORTS AND COMMENTS
None.
CLOSED SESSION
None.
ADJOURNMENT
Minutes: City Council Meeting Page 6
Monday, April 10, 2023
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 7:44 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Greg Ray, Public Works Director/City Engineer Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Award of Consulting Services Agreement for the Front Street Sewer Lift Station Upgrade Project (CIP 5003)
RECOMMENDATION
Approve a Consulting Services Agreement with Tough Automation for lift station controls design and integration services, in the amount of $87,993, associated with the CIP 5003 Front Street Sewer Lift Station Upgrades Project and authorize the Mayor to execute the agreement on behalf of the City.
BACKGROUND
The existing Front Street sewer lift station was built in the 1960s and rehabilitated in 1985. Staff has been working to prepare a lift station upgrade project as identified in the 2019 Sewer Master Plan. The identified improvements include replacement of the interior coating and repair of corrosion on fitting and the access hatch. Construction documents were prepared for these improvements, but additional electrical and controls deficiencies were identified during fact-finding inspections performed during that design effort. The lift station controls are almost 40 years old and in need of modernization. Additionally, the existing controls cabinet is failing, which creates a vulnerability for the lift station and could lead to additional emergency repair needs. The City has identified the Front Street Lift Station Upgrades project as a priority to ensure the continued proper function of the lift station and this additional controls design and integration work is critical to modernize the lift station’s functions and operations staff’s routine and emergency workflows associated with the lift station.
In response to these additional needed improvements, staff sought proposals for controls updates.
This field of work is highly specialized and very few firms are capable of designing and integrating a modernized controls system for sewer lift stations. Due to the system-wide need to modernize controls as the City updates its lift station controls infrastructure, staff sought proposals that would allow for a future build out of a Supervisory Control and Data Acquisition (SCADA) system for lift station operation. This SCADA system for the Front Street Lift Station, along with future additions for the City’s two other lift stations, would improve wastewater collection operations by allowing staff to remotely access the stations’ controls software and determine water levels, pump operations, pump run time, and other critical emergency response data. This could help avoid sewer overflow emergencies and would reduce response time in these critical situations. .
Staff requested proposals for controls design and integration services but, due to the difficulty in procuring such services, only Tough Automation submitted a proposal for the work in the amount of $87,993.12, which includes both the design and integration of the system during the construction phase of the overall Front Street Lift Station project. The proposal for both design Staff Report: Consulting Services Agreement for the Front Street Sewer Lift Station Page 2 April 24, 2023
and integration is critical to ensure that the City’s system is built to the exact specifications to match the City’s needs using industry-standard equipment that does not require proprietary repairs or methods to repair. During the proposal process, staff met with Tough Automation staff to discuss the Front Street lift station, future build-out needs of a potential SCADA system, and SCADA system integration into staff’s current workflow and operational needs. Staff also conducted reference checks with City of Paso Robles and the Cambria Community Service District to evaluate Tough Automation’s past performance and technical abilities. Staff believes that Tough Automation is exceptionally qualified based on the quality of their proposal and prior experience and qualifications of the project team.
FISCAL IMPACT
This project was initially approved as part of the CIP with a budget of $89,000 for design and construction. There is currently $59,574 available this fiscal year to fund controls design and integration and construction as prior design work for other parts of the project have already allocated funding. A budget adjustment of $37,218 is needed to enter into a consulting service agreement with Tough Automation for this controls design and integration work in the amount of $87,993.12 and provide for a potential 10% contingency. Once the controls design work is complete, staff anticipates bidding the project for construction, which will require additional funding from the sewer enterprise fund to fund construction. Funds are currently available in the Sewer Enterprise Fund to meet these needs.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve a Consulting Services Agreement with Tough Automation for lift station controls design and integration services, in the amount of $87,993, associated with the CIP 5003 Front Street Sewer Lift Station Upgrades Project and authorize the Mayor to execute the agreement on behalf of the City; or
2. Provide staff with alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Tough Automation Proposal
2. Consulting Services Agreement
GROVER BEACH – WASTE WATER
COLLECTIONS LIFT STATION – FRONT
STREET LIFT STATION CONTROLS
February 24, 2023
Attachment 1
TABLE OF CONTENTS
SCOPE OF WORK .................................................................................................................................................................................................. 3 SCADA ................................................................................................................................................................................................................................... 3 CONTROL PANEL...................................................................................................................................................................................................................... 6 MOTOR CONTROLS ................................................................................................................................................................................................................. 6 IT NOTES.................................................................................................................................................................................................................................. 6 PRICE........................................................................................................................................................................................................................................ 7
SCOPE OF WORK SUMMARY
Provide Design
Design and integrate SCADA Edge Platform
Design, procure, and integrate Control Panels
High Voltage Back Panel
Low Voltage Back Panel
High Voltage Front Panel
Low Voltage Front Panel
Provide As Built drawings and submittals
SCADA
1. Ignition Edge SCADA Platform
a.
b.
c. Telemetry System
i. The lift station will use a cellular connection, cellular data plan is to be provided by city unless requested otherwise as a part of a service contract. The cost is not included in scope, but can be provided through Tough Automation at $50/mo.
d. Control Strategy - PLC will control the lift station in a lead lag alternate manner i. Time Delay after power restored – after power is restored, a time delay relay will prevent calling of the pumps until x seconds have expired, protecting the motors. e. New Simple SCADA system with updated alarms and 7-day data acquisition, including:
i. Includes HMI as shown pictured above.
1. Wet well level, pumps, floats
2. Lead Lag Off Setpoints
3. Flow Rate can be calculated since flow meter does not exist ii. SCADA System is designed to be able to integrate into a supervisory full Ignition SCADA system for future, able to integrate other lift stations as well. This would provide full historical and alarm functionality.
iii. Power Status
iv. Lift Station Wet Well Level HiHi/Hi/Lo/LoLo
v. Pump 1 and 2 Fail
vi. New Alarms would be delivered via text and email, audible call is integrated into existing dialer f. Power Data
i. Each pump will have a smart overload to acquire Volts, Amps, and Fault data from each pump. These pieces of data will be logged and trended for analysis
1. Voltage and Amperage data are used for predicting pump/motor and other mechanical maintenance in the system
ii. Each of these pieces of data will have the standard alarm set available (HiHi/Hi/Lo/LoLo) iii. Remote Reset – these devices will be able to be reset from the SCADA system, devices should always be inspected after they are reset, even if they can be reset remotely. 22-24” (Depending on cabinet space) Industrial Touch Panel PC in existing WTP Cabinet as SCADA home base iv.
v.
g. Remote Access
i. This system will use cellular connection to connect to the tablet for remote access of the system via a secure VPN tunnel.
ii. Surface Cellular Tablet for SCADA Viewing and Control with Rugged Case iii.
CONTROL PANEL
a. Cellular Connection for remote access, alarms and support. High gain external antenna for maximum connectivity
b.
c. Allen Bradley PLC handling communications to devices and to Ignition Edge iv.
d. Control Power Design
v. Surge Suppression for Control Circuit
vi. Low Voltage Battery Backup System
vii. Proper breaker and power distribution
MOTOR CONTROLS
2. Primary and Pump power components and motor control components for 2 pumps.
3. This proposal reuses existing bubbler system and controls, and existing alarm dialer
4. Enclosure provided by others.
a. Primary Electrical Feeders will be ran into new cabinet to be landed to my control panel main disconnect (terminations included in this scope)
b. Pump Feeders and seal fail and thermal fail wires will be ran into new cabinet to be landed to my control panel
c. Float provided by other or existing float, wires to be inside cabinet.
IT NOTES
This system is a separate Operations Technology system, and should not be integrated into the city’s IT network to delineate assets/liabilities. Tough Automation will support these OT products via an annual support contract.
EXECUTION NOTES
City must provide the ability to bypass the lift station for up to 12 hours on commissioning day. If a temporary control system is desired, that would be outside of this scope of work.
PRICE
Firm Price, subject to change based on substantially new information. $87,933.12
AGREEMENT
CITY OF GROVER BEACH, CALIFORNIA
PROFESSIONAL SERVICES
CIP 5003 – FRONT STREET LIFT STATION UPGRADES
THIS AGREEMENT is made and entered into effective the 24 day of April 2023 by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and Tough Automation (hereinafter referred to as "CONSULTANT").
RECITALS
WHEREAS, CITY desires to obtain professional services for the Front Street Lift Station Upgrades 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 industrial wastewater SCADA/DCS, collections lift station controls 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 time and materials basis with a not to exceed amount of $87,933.12
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 2
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 three-dimensional reproductions of the work for any noncommercial purpose (including, but not limited to, books, slides, postcards, film, Internet sites, reproductions for advertising, and other media). Prior to public display, the CITY shall consider the sensitive nature and potential security risk of releasing the information to the general public. Such reproductions shall contain if legally necessary a copyright notice. Reproductions for commercial purposes are only to be made with the mutual written consent of CONSULTANT and CITY.
All references and reproductions or adaptations of the work will credit the work to the CONSULTANT unless CONSULTANT requests to the contrary. CITY reserves the right to modify,remove and/or relocate the work at any time, and after consultation with CONSULTANT, shall have the right to determine when and if modifications, repairs and/or restorations are needed. If City makes modifications, repairs or restoration not approved by the CONSULTANT, the CONSULTANT shall have the right to sever its association with the work. CONSULTANT agrees to give CITY written notice prior to asserting any claim pertaining to the work, and CITY shall have not less than 90 days from the date of receipt of claim to cure any such claim. CITY may incorporate the work into any trademark or service mark to be utilized by City to register the same in accordance with Federal, state or local law.
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 legal counsel’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 (V), 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/sub-consultant shall establish additional insured status for CITY, its officers, officials, employees, agents and volunteers.
ARTICLE VIII. CONFLICT OF INTEREST AND NON-SOLICITATION A. Prior to CITY’S execution of this Agreement, CONSULTANT shall complete a City of Grover Beach Conflict of Interest Disclosure Statement in the form as set forth in Exhibit C. During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in such statement.
B. CONSULTANT shall comply, and require its subcontractors to comply, with all applicable
(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, Greg Ray, Director of Public Works, 154 South Eighth Street, Grover Beach, CA 93433
B. CONSULTANT: Tough Automation, 16030 Portola Road, Atascadero, CA 93422 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
CIP 5003 – FRONT STREET LIFT STATION UPGRADES
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
Tough Automation
Andrew Thomson, Owner Date
Attachments:
1. Exhibit A - Scope of Services and Fee Schedule
2. Exhibit B - Insurance Requirements
3. Exhibit C - Disclosure of Conflict of Interest
EXHIBIT A
PROFESSIONAL CONSULTANT SERVICES
CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
GROVER BEACH – WASTE WATER
COLLECTIONS LIFT STATION – FRONT
STREET LIFT STATION CONTROLS
February 24, 2023
TABLE OF CONTENTS
SCOPE OF WORK .................................................................................................................................................................................................. 3 SCADA ................................................................................................................................................................................................................................... 3 CONTROL PANEL...................................................................................................................................................................................................................... 6 MOTOR CONTROLS ................................................................................................................................................................................................................. 6 IT NOTES.................................................................................................................................................................................................................................. 6 PRICE........................................................................................................................................................................................................................................ 7
SCOPE OF WORK SUMMARY
Provide Design
Design and integrate SCADA Edge Platform
Design, procure, and integrate Control Panels
High Voltage Back Panel
Low Voltage Back Panel
High Voltage Front Panel
Low Voltage Front Panel
Provide As Built drawings and submittals
SCADA
1. Ignition Edge SCADA Platform
a.
b.
c. Telemetry System
i. The lift station will use a cellular connection, cellular data plan is to be provided by city unless requested otherwise as a part of a service contract. The cost is not included in scope, but can be provided through Tough Automation at $50/mo.
d. Control Strategy - PLC will control the lift station in a lead lag alternate manner i. Time Delay after power restored – after power is restored, a time delay relay will prevent calling of the pumps until x seconds have expired, protecting the motors. e. New Simple SCADA system with updated alarms and 7-day data acquisition, including:
i. Includes HMI as shown pictured above.
1. Wet well level, pumps, floats
2. Lead Lag Off Setpoints
3. Flow Rate can be calculated since flow meter does not exist ii. SCADA System is designed to be able to integrate into a supervisory full Ignition SCADA system for future, able to integrate other lift stations as well. This would provide full historical and alarm functionality.
iii. Power Status
iv. Lift Station Wet Well Level HiHi/Hi/Lo/LoLo
v. Pump 1 and 2 Fail
vi. New Alarms would be delivered via text and email, audible call is integrated into existing dialer f. Power Data
i. Each pump will have a smart overload to acquire Volts, Amps, and Fault data from each pump. These pieces of data will be logged and trended for analysis
1. Voltage and Amperage data are used for predicting pump/motor and other mechanical maintenance in the system
ii. Each of these pieces of data will have the standard alarm set available (HiHi/Hi/Lo/LoLo) iii. Remote Reset – these devices will be able to be reset from the SCADA system, devices should always be inspected after they are reset, even if they can be reset remotely. 22-24” (Depending on cabinet space) Industrial Touch Panel PC in existing WTP Cabinet as SCADA home base iv.
v.
g. Remote Access
i. This system will use cellular connection to connect to the tablet for remote access of the system via a secure VPN tunnel.
ii. Surface Cellular Tablet for SCADA Viewing and Control with Rugged Case iii.
CONTROL PANEL
a. Cellular Connection for remote access, alarms and support. High gain external antenna for maximum connectivity
b.
c. Allen Bradley PLC handling communications to devices and to Ignition Edge iv.
d. Control Power Design
v. Surge Suppression for Control Circuit
vi. Low Voltage Battery Backup System
vii. Proper breaker and power distribution
MOTOR CONTROLS
2. Primary and Pump power components and motor control components for 2 pumps.
3. This proposal reuses existing bubbler system and controls, and existing alarm dialer
4. Enclosure provided by others.
a. Primary Electrical Feeders will be ran into new cabinet to be landed to my control panel main disconnect (terminations included in this scope)
b. Pump Feeders and seal fail and thermal fail wires will be ran into new cabinet to be landed to my control panel
c. Float provided by other or existing float, wires to be inside cabinet.
IT NOTES
This system is a separate Operations Technology system, and should not be integrated into the city’s IT network to delineate assets/liabilities. Tough Automation will support these OT products via an annual support contract.
EXECUTION NOTES
City must provide the ability to bypass the lift station for up to 12 hours on commissioning day. If a temporary control system is desired, that would be outside of this scope of work.
PRICE
Firm Price, subject to change based on substantially new information. $87,933.12
EXHIBIT B
PROFESSIONAL CONSULTANT SERVICES
INSURANCE REQUIREMENTS
Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Note: Workers' compensation and employer's liability insurance requirements may be eliminated for certain sole proprietorships, partnerships, or corporations without employees.
Consultant shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Umbrella or excess liability insurance. CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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.
EXHIBIT 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. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director SUBJECT: Resolution to Approve the California Coastal Commission and Caltrans Request to Consolidate a Coastal Development Permit for the Caltrans Broadband Middle Mile Network Project
RECOMMENDATION
Adopt a Resolution approving the California Coastal Commission’s and Caltrans’ request for consolidation of a Coastal Development Permit for development of broadband infrastructure along Highway 1 related to the Broadband Middle Mile Network project.
BACKGROUND
Section 30601.3 of the California Public Resources Code (PRC) allows for a consolidated permitting process for projects for which the Coastal Development Permit (CDP) authority is shared by a local government(s) and the California Coastal Commission (CCC). In order for the CCC to process and act upon a consolidated CDP application, PRC Section 30601.3 requires that the applicant, the appropriate local government(s), and the CCC consent to the consolidation.
The goal of a consolidated CDP is to expedite the review process by allowing a single CDP application to move forward when the project is located within more than one jurisdiction that requires a CDP. Absent a consolidated CDP application, every local agency must conduct its own public hearing for the portion of the project within its jurisdiction. The City receives requests for consolidated CDPs relatively infrequently with an average of one every few years. Examples over the last 10 years include Caltrans improvement projects on Highway 101 and State Parks improvements on West Grand Avenue. Most recently, the Council on January 23, 2023 approved a consolidated permit for the Central Coast Blue project.
Proposed Project
The Broadband Middle Mile Network (BMMN) project will involve installation of an estimated 10,000 miles of broadband infrastructure throughout the state to make high-speed internet service broadly available in California, particularly in unserved and underserved areas. The project is supported through funding by Senate Bill 156, which provides a $7 billion investment to implement the project over the next few years. Funding parameters require the issuance of permits by the end of 2024 and the completion of construction by the end of 2026. This project is separate from the fiber-optic cable conduit project for high-speed internet installed throughout the city by Astound.
All broadband infrastructure will be placed within the State Highway System right-of-way, owned and operated by Caltrans. Approximately 450 miles of the network will occur within the Coastal Zone, and approximately one (1) mile will be installed along Highway 1 within Grover Beach (see Attachment 2, Exhibit “B”). The infrastructure will include fiber optic conduit and cable, network hubs, vaults, and markers. Caltrans is responsible for the planning, permitting, and construction Staff Report: Request for Consolidated CDP for the Broadband Middle Mile Network Page 2 April 24, 2023
of the project, including each Caltrans District obtaining CDPs for the portions of the project within the Coastal Zone pursuant to the Coastal Act and Local Coastal Programs (LCPs). Caltrans District 5 intends to organize the CDP applications such that one permit would cover all of the Coastal Zone geographic area within their District.
Staff believes that pursuing a consolidated CDP is appropriate for this project since it is a multijurisdictional project, led by Caltrans, within the original jurisdiction of the CCC as well as the jurisdictions of the County and City. Public participation is not expected to be substantially impaired by consolidation of this permit as consolidation would accelerate the project permitting process while still ensuring the necessary regulatory review of the project. Given Caltrans’ goal to acquire permits by the end of 2024 and complete construction by end of 2026, a consolidated CDP process was submitted by the CCC in partnership with Caltrans on February 23, 2023 (Attachment 2). Staff recommends the Council adopt a Resolution (Attachment 1) to formally approve the request submitted by the CCC in partnership with Caltrans to consolidate the issuance of a CDP for the BMMN project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt a Resolution approving the California Coastal Commission’s and Caltrans’ request for consolidation of a Coastal Development Permit for development of broadband infrastructure along Highway 1 related to the Broadband Middle Mile Network project.; or
2. Do not adopt the prepared Resolution; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution to approve the Broadband Middle Mile Network CDP Request
2. Broadband Middle Mile Network Consolidated CDP Request Attachment 1
RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA APPROVING A REQUEST FOR A
CONSOLIDATED PERMITTING PROCESS FOR COASTAL
DEVELOPMENT PERMITS FOR BROADBAND INFRASTRUCTURE
ASSOCIATED WITH THE BROADBAND MIDDLE MILE NETWORK
PROJECT
WHEREAS, Section 30601.3 of the California Public Resources Code allows for a consolidated permitting process for projects for which the Coastal Development Permit (CDP) authority is shared by a local government and the California Coastal Commission (Commission), which would result in the Commission issuing a CDP for the entire project within its and the local government’s CDP authority; and
WHEREAS, in order for the Commission to process and act upon a consolidated CDP application, Section 30601.3 of the Public Resources Code requires that the applicant, the local government, and the Commission consent to the consolidation, provided that public participation is not substantially impaired by the consolidation; and
WHEREAS, Broadband Middle Mile Network project within Caltrans District 5 includes underground broadband infrastructure under the CDP authority within the counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and their respective incorporated cities, and the Commission would otherwise require a CDP from all agencies for the portions located within each jurisdiction; and
WHEREAS, public participation will not be substantially impaired as the Commission will hold a public hearing on the project, allowing interested parties to submit timely comments to the Commission and/or attend said hearing, and which consolidated permit process will allow for the underground infrastructure to be evaluated in their entirety; and WHEREAS, given the timing to receive permits by 2024 and complete construction by 2026, the request for a consolidated CDP was submitted by the Commission in partnership with Caltrans on February 23, 2023; and
WHEREAS, a consolidated CDP will assist Caltrans in meeting their highly compressed project timeline while ensuring a consistent approach to reviewing the project for compliance with the Coastal Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby approves the Commission and Caltrans’ request to consolidate the Coastal Development Permit process for the broadband infrastructure in the Coastal Zone for the Broadband Middle Mile Network project.
Upon motion by Council Member , second by Council Member , and on the following roll call vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at the Regular Meeting of the City Council of the City of Grover Beach, California this 24th day of April 2023.
KAREN BRIGHT, MAYOR
Attest:
WENDI SIMS, CITY CLERK
**DRAFT**
1 Megan Martin
From: Hines, Kendall@Coastal <[email protected]> Sent: Thursday, February 23, 2023 1:04 PM
To: Megan Martin
Cc: Anderson, Kate@DOT; Martin, Sherri L@DOT; Fiala, Shannon@Coastal; Lugo, Jennifer@DOT; Wilson, Michelle@DOT; Dallas, Mitch@DOT; Valadao, Paul@DOT; Fowler, Matt C@DOT; Prahler, Erin@Coastal; Diaz, Genaro@DOT; Cozzolino, Brittney@Coastal Subject: Consolidated CDP request for Broadband Middle Mile Network project Dear Megan,
My name is Kendall Hines, and I am the Broadband Specialist for southern California with the California Coastal Commission’s Statewide Planning Unit. I am reaching out to you in partnership with the California Department of Transportation (Caltrans) with a request to process a Consolidated Coastal Development Permit (CDP) for a project that involves development both in areas of the Commission’s retained permitting jurisdiction and your jurisdiction’s permitting jurisdiction.
Referred to as the Broadband Middle Mile Network (BMMN) project, this effort involves installation of 10,000 miles of broadband infrastructure throughout the entire state to make high‐speed internet service broadly available throughout California, particularly in unserved and underserved areas. The project is supported through funding by Senate Bill 156, which provides a $7 billion investment to implement the project over the next few years. Funding parameters require the issuance of permits by the end of 2024 and the completion of construction by the end of 2026.
All broadband infrastructure will be placed within the State Highway System right‐of‐way owned and operated by Caltrans. Approximately 450 miles of the network will occur within the coastal zone, and approximately 1 mile will be installed in your city's jurisdiction. The infrastructure will include fiber optic conduit and cable, network hubs, vaults, and markers. Caltrans is responsible for the planning, permitting, and construction of the project, including each Caltrans District obtaining CDPs for the portions of the project within the coastal zone pursuant to the Coastal Act and Local Coastal Programs (LCPs). Caltrans District 5 intends to organize the CDP applications such that one permit could cover all of the coastal zone geographic area within their District.
Section 30601.3 of the Coastal Act allows for a consolidated CDP process in cases where projects cross the Commission’s permitting jurisdiction and the jurisdiction of a local government with a certified LCP, such as is the case here since the Commission retains permitting jurisdiction in multiple areas within Caltrans District 5. A consolidated CDP will assist Caltrans in meeting their highly compressed project timeline while reducing the burden on local governments and ensuring a smoother, more consistent approach to reviewing this project for compliance with the Coastal Act. Your jurisdiction’s certified LCP would also serve as guidance during such a consolidated CDP review, and Commission staff is committed to ensuring that this project is consistent with both Coastal Act and certified LCP policies.
Below is a link to a web map that shows the coastal zone boundary in blue, the coastal zone portions of the BMMN project alignment in red, and LCP jurisdictions in purple. The web map allows you to zoom in to your jurisdiction to better visualize where this project is proposed, change the basemap by clicking on the “Basemap” button, and add Caltrans District boundaries and County boundaries to the map by clicking the “Content” button under the “Details” tab on the lefthand menu. The map does not show where network hubs are proposed as Caltrans is still finalizing their Attachment 2
2 locations, but in general, hubs will be placed approximately every 50 miles along the BMMN alignment. Our staff will follow up with you if a hub will be proposed in your jurisdiction.
BMMN Map Link
We have been collaborating with Caltrans’ Districts and are reaching out on their behalf with this request for your agreement to proceed with a consolidated CDP within your jurisdiction. It is our intent to combine the consolidated CDPs for all local jurisdictions intersected by the BMMN project within District 5’s coastal zone into one master CDP. To meet the project’s ambitious schedule, we kindly request your response by March 23rd. We welcome you, your elected officials, and your constituents to participate throughout this process. To that end, I am available to answer any questions about the project description, permit process, or otherwise.
Thank you,
Background
Governor Gavin Newsom signed historic broadband legislation in July 2021 to help bridge the digital divide and provide reliable and affordable internet access to all Californians. SB 156 (Chapter 112, Statutes of 2021) expands the state’s broadband fiber infrastructure and increases internet connectivity for families and businesses. This essential backbone infrastructure is a foundational step towards the entire state having broadband access. This effort is supported by Executive Order (EO) 8.14.20 EO N 73 20 and Senate Bill (SB) SB-156 Communications: broadband.
Broadband Middle Mile Network (BMMN) is an open access, state-owned high-capacity fiber lines that carry large amounts of data at higher speeds over longer distances between local networks. It will connect to a last-mile broadband infrastructure that will connect homes and businesses with local networks.
The lack of available middle-mile broadband infrastructure has been a major issue in connecting California’s unserved and underserved communities. The statewide open-access middle-mile network included in SB 156 will be a foundational investment to ensure every Californian has access to broadband Internet service that meets the connectivity needs of today, and well into the future. Lastmile infrastructure relies on middle-mile to provide service to residents, large and small-businesses, schools, government offices, public safety agencies, and libraries. An open-access middle-mile network can provide the backbone for last-mile providers to serve residences and reduce costs of providing service for businesses and anchor institutions.
California Department of Technology (CDT) and the Office of Broadband and Digital Literacy will oversee the acquisition and management of contracts for the development, construction, maintenance and operation of the network, retain a third-party administrator to construct and establish the network, and create a nine-member Middle-Mile Advisory Committee.
An experienced nonprofit entity will serve as the third-party administrator to manage the development, acquisition, construction, maintenance and operation of the statewide open-access middle-mile broadband network.
Caltrans will work with the third-party administrator to manage construction of the middle-mile infrastructure along state highways and rights of way.
GENERAL PROJECT DESCRIPTION
This project would include the installation of a statewide middle-mile network along approximately 10,000 miles of the State Highway System (SHS).
1. Install four (4) two-inch high-density polyethylene (HDPE) conduits, a minimum of 42 inches clearance underground.
• Conduit installation methods: (see Electrical Systems Details plan sheet ED-1):
a. plowing (4 inches wide) – Detail B.
b. trenching (6-12 inches wide) – Detail C.
Exhibit "A"
c. Horizontal Directional Drilling (HDD) boring (8 inches in diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized) – Typical horizontal directional drilling detail
d. Jack and Drill-(8 inches in diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized)- Typical Jack and Drill detail e. trenching in-pavement (3-6 inches wide and minimum depth of 24 inches) – Detail A.
Caltrans chooses the location of conduit placement from row line to row line (along right-of-way fence, next to roadway prism, in- pavement or in between), with avoidance of sensitive environmental resources and existing utilities as the first priority. • Longitudinal installations are prohibited in the highway median.
2. Install vaults (30”x48”x36”) approximately every 2,500 feet (maximum spacing). Every 5th vault will be larger for splicing (48”x48”x48”). Vaults will be flush with the ground or buried. (note: if Caltrans secures it’s own fiber then separate Caltrans pullboxes will be installed adjacent to vaults with spacing approximately every 1 mile)
• Place vaults to avoid sensitive environmental resources and existing utilities, if possible. • If a vault must be accessed from the mainline on “access-control” non-Interstate routes, then the vault must be installed no more than 10 feet from the right-of-way line. • If a vault can only be accessed from the mainline and ramps on non- Interstate routes, then a maintenance vehicle pullout (see C-2) must be installed, unless maintenance can be performed using existing pullouts or existing maintenance access. Buried boxes do not require a maintenance vehicle pullout. (see ED-2)
• If longitudinal installations are installed on a bridge, splice vaults are recommended to facilitate future bridge work. Splice vaults are allowed at both ends of the bridge and as maintenance access points (MAPs), the locations for these vaults should follow the criteria outlined above.
3. Cable marker posts (see ED-4) would be located at approximately 1 mile intervals to alert people of the presence of the fiber optic cable. The posts are typically x-inch-diameter round PVC posts with orange caps X feet aboveground. The caps are imprinted with embossed lettering that indicates the presence of fiber optic cable.
4. Aerial Installation on existing poles – fiber is vulnerable to fire, theft, vandalism, animal damage and exposure to weather. This is the least desired installation method
5. Aerial Installation on new poles
6. Network Hub (Repeater Hut/Exchange Hub (see sheet ED-14)- approximately 190-200 statewide:
These provide retransmission and reamplify the signals
• Hubs exterior dimension are 12’x16’x10’: fenced area approximately 29’ X 32’ • Hubs are placed on concrete pad
• Hubs are located at a maximum of 50 miles apart; place to avoid sensitive environmental resources (siting guidance being written)
• Hubs can be located less than 50 miles apart if they are appropriately located • Hubs to be furnished by CDT – pad to be constructed by Caltrans based on Hub requirements (Note: Turnkey package (racks, table ladders) supplied by CDT and installed by contractor.) • Need to locate in proximity to power hook-up. Backup power to be supplied by- generator (propane or diesel) or solar…generators will require fuel storage; may require additional potential impacts to environmental resources
• Access road
TRENCHING DETAILS FOR CONDUIT INSTALLATION
The following is a general discussion of the types of construction methods that would be used to install the broadband conduit. All of these methods would be used at various locations to accommodate constraints, including considerations for sensitive resources. Please see Attachment – Standard Plan Details and Standard Specifications Sections. The Standard Plans can be modified for specific locations.
1. Plowing (4-inch-wide trench) – Detail B on Sheet ED-1 Plowed installation uses a tracked vehicle with a cable reel in front and a plow blade in back. As the vehicle moves, it simultaneously furrows the soil and installs the conduit or cable. In some instances, the soil may be pre ripped by a tractor in front of the plow. Pre-rip the ground surface to a depth 8 inches greater than minimum conduit depth, in the direction conduit is to be installed. Ripping is a technique in which a slit is made in the surface of the soil to loosen it. The amount of surface disturbed by plowing is typically less than with the trenching method. The construction corridor is usually 20 feet wide. In sensitive areas, the construction corridor can occasionally be restricted to less than 20 feet, Figure 1:
Heavy Duty Vibratory Plow
1. Trenching (6- to 12-inch wide trench) – Detail C on Sheet ED-1 Trenched installations typically involve a rubber-tired backhoe or an excavator digging a trench approximately 6-12 inches wide by 46-50 inches deep (need 42-inch clearance from top of conduit).
Typically, no more than 1,000 feet of trench would be exposed by a crew at any time during construction, and trenches would be filled at the end of each day. If conditions do not allow for small, isolated areas, such as handholes or assist points, to be backfilled at the end of each day, appropriate safety, erosion, and wildlife control features would be installed. Access vaults or handholes would be installed approximately every 2,500 feet (max distance between vaults, however can be installed closer together, if needed). Vault locations can be adjusted to avoid sensitive resources. The construction corridors would typically be confined to within the existing rights-of-way and approximately 20 feet wide In some cases, the conduit and cable may be installed in the roadbed to avoid sensitive resources in the road shoulder or right-of-way margin (see in-pavement trenching below).
2. Horizontal Directional Drilling (8-inch diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized)- Typical horizontal directional drilling detail on Sheet ED-1
Directional boring would be used in various locations along the project routes to cross areas where surface disturbance or sensitive resources must be avoided (e.g., cultural resources, crossing railroads, highways, rivers/streams). For streams/rivers, boring would only occur if the conduit could not be attached to a structure. Directional bore lengths can range from less than 100 feet to more than 10,000 feet, depending on the type of equipment used. To complete the bore, a work area is established on each side of the crossing. For river, stream, and wetland crossings, the work areas would be located at least 100 feet from the bank or edge of the wetland resource. One work area contains the “entry point/pilot hole” and drilling equipment. The other work area contains the “exit point/receiving hole”.
From the exit point, a reamer is attached along with the conduits. The drilling machine will ream a larger hole (8 inches) from the exit point while pulling the conduits at the same time back towards the entry point. Once the reamer and all the conduits are pulled back through the initial entrance pit, conduit placement is complete. For relatively short bores, smaller drilling equipment is used, and the two work areas would measure approximately 100 by 50 feet Larger equipment, and a correspondingly larger work area (approximately 150 by 100 feet), is needed for longer bores. Drilling equipment most suitable for site-specific conditions would be used for each bore. Silt fences, straw bales, and other erosion control measures would be installed around these work areas, consistent with the Stormwater Pollution Prevention Plans (SWPPPs).
During the boring process, a bentonite slurry is typically pumped through the bore hole to help lubricate the drill bit, prevent the bore tunnel from collapsing, and carry drill cuttings to the surface. Bentonite is a naturally occurring Wyoming clay known for its hydrophilic characteristics. The slurry is pumped through the bore hole, collected at the surface, passed through machinery to remove the bore cuttings, and then recirculated through the hole. The slurry is stored in tanks at the drill site when not in use. Any excess slurry remaining after the bore is complete would be removed from the site and either reused by the drilling contractor or discarded at an appropriate location.
The soil conditions at the drilling site are identified. The conditions help determine what type of additives are needed. For example, in non-reactive clay, a mixture of bentonite will likely be needed, which helps produce needed cutting carrying capacity to flush the bore hole, and a lubricant to keep soil from sticking and bit balling to your tooling. If working in reactive clay, sand or cobble, a polymer additive may be needed. Polyanionic cellulose (PAC) polymers are typically added to a bentonite mixture to help provide secondary filtration control (sands and cobbles). PAC is a water-soluble polymer derived from cellulose. In formations with high concentrations of reactive clays, partially hydrolyzed polyacrylamide (PHPA) polymers are used in place of bentonite. PHPA is used as a functional additive in water-based drilling fluids. PHPA influences cuttings and wellbore stability and enhances solids removal by flocculation.
Figure 2: Directional Drill
Figure 3: Vacuum with 800 gallon capacity tank to collect excess soil material
3. Jack and Drill (8-inch diameter and minimum depth of 4 feet and maximum depth of 6 feet unless otherwise authorized)- Typical Jack and Drill detail on Sheet ED-1 Jack and Drill is an established method when installing steel pipes or casing under roads or railways. As with horizontal directional drilling, auger boring is a useful option when trying to cause minimal disruption to traffic.
The jack and drill method has always been one of the most economical and reliable ways to bore under objects such as established highways and railroads. The Jack and Drill makes this task much simpler, while reducing labor costs and increasing productivity. Generally, jack and drill or auger boring is accomplished with an auger boring machine by jacking a casing pipe through the earth while at the same time removing earth spoil from the casing by means of rotating auger inside the casing.
Jack and Drill is a trenchless method of construction. It is suitable for installing short pipe runs in stable and dry soils without large boulders. Crews dig a sending pit and a receiving pit.
4. In-pavement Trenching (3-6 inches wide trench and minimum depth of 24 inches; slurry backfill) – Detail A
Trenching in pavement (Micro-trenching) is a construction method that can allow quick and economical installation of broadband conduits under the pavement structure. Broadband conduits should typically be installed in the ground outside of pavement structures as micro trenching through pavement pose the risk of interfering with pavement performance and future pavement rehabilitation activities.
However, site specific constraints may preclude the placement of broadband conduits away from pavements. For example, in an urban environment where the edge of pavement is next to a sound wall.
The equipment includes a specially designed saw blade (for cutting into the asphalt) which is connected to a vacuum truck/trailer, which removes any spoils, dust, or dirt creating a neat and tidy construction site. The construction corridor width is approximately 20 ft. The depth is shallower at (24-26 inches) and the width is 3-6 inches. Trenches in concrete pavements are not permitted at this time due to their high susceptibility for failure when continuity of concrete slabs is interfered with through trenching. It is cost effective and less disruptive to the public when compared to traditional trenching. Extensive environmental review is not typically required.
Trenching in pavement is permitted in asphalt pavement shoulders only when all the following conditions apply:
• Off-pavement solutions are not feasible due to site specific restrictions, • Shoulders are not used as part time lane,
• Shoulder/lane widening is not anticipated soon,
• Shoulders do not contain high-risk utility lines.
Figure 4: Trench in pavement (Microtrenching)
STRUCTURE (BRIDGE) AND CULVERT DETAILS
ACCEPTABLE BRIDGE MOUNTED BROADBAND LOCATIONS
1.Bridge mounted fiber optic conduits (see Sheets SES-1 thru 5). The sheets show acceptable locations for mounting broadband utilities on bridges or bridge length culverts.
2. Install 4-2” conduits
The table provided below will assist in assessing the risk of installation method:
Location/Installation Method: Comments:
Underground/off bridge No/low risk, fully protected from damage/vandalism
Utilizing existing bridge utility openings inside box
girder bridges between girders, or existing utility
openings in sidewalk(s) or in bridge rail(s)
(District personnel are responsible for reviewing
all as-built plans from BIRIS to determine the
availability of any utility openings in bridges)
Minimal risk as conduit is usually surrounded by
concrete and not accessible to vandalism,
however bridge rail location is susceptible to
vehicular impact and conduit may be damaged or
may need to be relocated for bridge rail upgrade
or bridge widening projects
Attached to exterior surface of concrete bridge
rail, or soffit of bridge deck overhang
Moderate/high risk as conduit will be accessible
to vandalism, may be damaged by vehicular
impact, or may need to be relocated for future
bridge rail upgrade or bridge widening projects
No attachments will be allowed to bridge rails classified as poor/substandard. The list of bridges with rails classified as poor/substandard can be requested from the Asset Management groups in each District.
Attachments to slab bridges or bridge length culverts will be permitted on the waterway downstream side of the structure only and may be attached to the edge of slab deck or concrete culvert headwall.
All broadband utility installations on bridges shall be designed to accommodate thermal and/or seismic movements at bridge joints located at abutments, bents and hinges.
All broadband mounting installations on bridges shall conform to the Caltrans Standard Specifications.
Concrete anchors shall conform to the requirements of Section 75-3. Additionally, for concrete anchors, reinforcement must be located by nondestructive means before installing holes for anchors. Rotary drills are to be used, no impact drills or coring. If reinforcement is encountered, the anchor hole shall be abandoned, patched, and a new hole installed. Anchors must be on Caltrans’ Authorized Materials List for Concrete Anchorage Devices (https://dot.ca.gov/programs/engineering-services/authorizedmaterials-lists) and installed per recommendations by manufacturer.
In some cases, the conduit may need to be painted or covered with an approved coating that must match the color of the structure.
CULVERTS
Install conduit under or over culvert or other obstructions (see details Sheet ED-2) or attach conduit to downstream headwall
The depth of fiber optic conduit path in unpaved areas must be a minimum of 42 inches to the top of conduit. In addition to the minimum conduit cover, the following requirements for fiber optic conduit path apply for:
• Culverts – conduits must be a minimum 12 inches above or below the culvert. • Lined channels – conduits must be 12 inches below the channel. • Unlined channels or ditches – conduits must be 24 inches below the channel or ditch
DETAILS FOR VAULTS/OTHER PROJECT FEATURES
flexibility for placement to avoid wetlands/waters US/cultural and tribal resources.
VAULTS (see sheets ED-6-10)
• Maximum spacing is 2500’ between vaults
• Vaults will be flush with the ground or buried
• Vaults cannot be placed in the pavement/roadway
Closer spacing of vaults is expected at the following locations:
• To avoid sensitive environmental areas or utilities
• if 360 degrees of conduit bends is exceeded between vaults • sharp change in conduit alignment
• before or after bridge attachment
• before or after wall attachment
• before or after a long length of boring
• branching in the network
When installing vaults, every 5th vault will be a splice vault. A splice vault performs all of the functions of a pull vault but also allows for the splicing of the of the fiber optic cable segments based on the maximum spool length and serves as a demarcation point for broadband middle mile network trunk cable. A demarcation point is the physical point at which the last mile broadband provider connects to the statewide broadband middle mile network. As an example, a splice vault accepts a large cable 288 stands, 432 stands or 864 stands where the network cable segments are spliced and allows for fiber optic cable splices for delivery to last mile broadband network provider. Splice vaults also allow for Caltrans to access the broadband middle mile middle mile network for connecting to Traffic Management System (TMS) elements.
Pull vaults must be placed at the end of structures to allow for conduit transitions and to allow for easier installation of the fiber because of the number of conduit bends required at a structure.
Pull vaults, commonly referred to as “hand holds” perform several important functions:
• Facilitate pulling cables for long distances.
• Provide drainage for the conduit system so that freezing water does not damage the conduit or cables.
• Provide a location for bending the conduit run without damaging the cables. • Provide a junction for conduits coming from different directions. • Provide access to the system for maintenance.
• In some situations, provides a location where a splice is made to allow local access to the fiber backbone.
Geotechnical Borings
Subsurface exploration boring may be required along the 10,000-mile installation in areas where trenchless technology (HDD or Jack and Drill) is used to determine the suitability of the construction, i.e. jacking and receiving pits, and ground movement at surface. These borings may be extended to about 5- to 10-foot below the bottom of the pits typically. Boring may also be required to determine the suitability of the subsurface conditions for the Repeater Hub foundations and would include sampling and testing. Where a majority of the 10,000-mile installation appears to be less than 5-foot construction using cut-and-cover method (trenching, plowing, trench in pavement), it’s anticipated that subsurface exploration boring may not be necessary unless there is substantial rock.
OTHER FOOTPRINT CONSIDERATIONS
The following describes staging and storage areas, access roads or other access needs. • Conduit, vaults, and fiber will be delivered to the construction site, stored and staged. • The bulk of the construction materials will be stored in warehouses throughout the state and then delivered to the contractor.
• Staging areas for construction equipment, materials, fuels, lubricants, and solvents will be established along the project routes during construction to allow more efficient use and distribution of materials and equipment. Staging areas are typically locations where materials or equipment are stored for more than two days. Temporary parking areas may also be established to park vehicles and equipment during the workday or overnight. No new staging areas would be established in undisturbed areas. All staging areas will be located on private lands in existing contractor yards; existing commercial areas used for storing and maintaining equipment; previously cleared, graded, or paved areas; or level areas where grading and vegetation clearing are not required. Staging and parking areas are typically selected by the construction contractor, as needed, before and/or during construction. This practice is consistent with construction methods used throughout California and the United States. To ensure that sensitive environmental resources are avoided or adequately protected, the locations of all staging and parking areas would be determined in consultation with qualified biologists and archaeologists.
Because fuels, lubricants, and solvents would be stored in staging areas, all staging areas would be located at least 150 feet from sensitive stream/drainages. • Access to projects will be by existing access roads. Access roads will be needed to access the Repeater Huts. New access roads may be necessary to access vaults, but these will be avoided if possible. If a need for new access roads is determined, then the areas for these roads will require environmental compliance to be completed.
TYPICAL TIMING/SEQUENCING AT EACH LOCATION
Typical sequence and duration of activities and details and methods in the standard plans and standard specifications.
Standard Specifications: NSSP 87-19 FIBER OPTIC CABLE SYSTEMS (what other sections 86, 87? Section 9 Vegetation removal
Standard Plans curb gutter sidewalk, striping, drainage, MMBN Standard Details Sheets 1-47- which includes trenching and other installation methods, bridge attachment, obstructions, culvert
Duration of Activities
Installation is typically linear parallel to the state highway and is continually moving. Duration: plowing is the fastest and can install up to a few miles per day of conduit; Boring is at a medium rate (unless challenging soils encountered) and can install 2 to 3 runs of 500-700 feet each; Trenching is the slowest and has the largest disturbed footprint; trench-in-pavement (slower than plowing but quicker than boring) least footprint as it is within the road prism
Typical Sequence
a. Trench/bore/ or place on structure
b. Install vaults
c. Install conduit
d. Backfill – at the end of each day of trenching
e. Pull fiber
f. Splice fiber
FUTURE MAINTENANCE NEEDS
California Department of Technology (CDT) is the owner/operator and will be maintaining the middle mile. This will be done through the encroachment permit process. The encroachment permit issued by Caltrans will include the requirements for future permits, mitigation, etc. The permittee will be responsible for this prior to initiating construction.
AVOIDANCE OF SENSITIVE RESOURCES
Caltrans Environmental staff will work to design the project routes around sensitive resources and to site repeater stations, directional drilling points, vaults, and other project features in areas that do not support sensitive resources.
Sensitive resources (i.e., biological resources, cultural resources, waters, etc.) can be avoided through various means identified during the project design phase. However, there would also be avoidance measures occurring in the field during construction as a result of preconstruction surveys by qualified environmental staff. As required, the construction technique would be coordinated through a resource specialist (i.e., wildlife biologist, wetland ecologist, botanist, archaeologist, cultural resource specialist, tribes, water quality) familiar with the resource issue being avoided. Typical avoidance measures include minor modification of the project routes around the sensitive resource within the disturbed right-ofway, boring under the resource, or attaching the fiber optic cable to an existing bridge (in consideration of the historic status of the bridge). The locations of all sensitive resources and the methods to avoid them would be shown on the construction drawings. All sensitive resources would be staked and flagged in the field and marked on the construction drawings. Monitoring of these areas by biologists, archaeologists, and tribal members may be necessary and required.
Broadband Middle Mile Network – California Broadband Fiber Infrastructure Map Exhibit "B"
Broadband Middle Mile Network – County of SLO, City of Pismo, City of Grover Beach Broadband Fiber Infrastructure Map
Broadband Middle Mile Network – City of Grover Beach Broadband Fiber Infrastructure Map
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Matthew Bronson, City Manager
David Hale, City Attorney
SUBJECT: Appointment to Fill City Council Vacancy
RECOMMENDATION
Conduct interviews of applicants and make an appointment to fill an existing vacant City Council seat for the term ending in December 2024.
BACKGROUND
On March 13, 2023 Mayor Pro Tem Anna Miller resigned from the Council due to moving out of the City limits. The Council decided on March 27, 2023 to fill this vacancy by appointment and invited all registered voters in Grover Beach to apply for the remaining term of the position for the term ending in December 2024 with a preference that the applicant be from within Council District
3. Community members were asked to complete an application available on the City’s website and submit it to the City Clerk’s Office by 5:00 p.m. on April 14th. The applications will be provided to the Council at the regular meeting on April 24, 2023 where the Council will conduct interviews and make an appointment for this position.
The City received six qualified applications within this prescribed timeframe. Attachment 1 shows the names of the applicants along with their respective applications with personal information redacted. Applicants were sent a letter on April 17 (shown in Attachment 2) about the interview and selection process. This process follows previous selection processes and is outlined below for the Council’s requested concurrence:
Interview Process
• In the interest of fairness to all applicants, only the applicant being interviewed will be present in the Council Chamber while all other applicants remain in the Conference Room until called by the Council for their respective interview. The order of interviews will be selected at random prior to the meeting.
• Once the applicant’s interview is concluded, they may remain in the Council Chamber to hear any remaining interviews and the City Council’s deliberations. • The interview questions will be the same for all candidates. Candidates will be asked to provide a two-minute overview about themselves and why they are interested in serving on the City Council followed by questions from the Council. • Following the interviews, there will be an opportunity for public comment on this agenda item consistent with other Council agenda items. This will provide an opportunity for members of the public to speak about one or more candidates.
Staff Report: Appointment to Fill City Council Vacancy Page 2 April 24, 2023
Appointment
• The Council has flexibility in the process used in deciding on the appointment. Most recently when filling a previous vacancy in January, the Council interviewed four applicants after which each Council Member was asked for their top choice who was the same person for each Council Member. This individual was then appointed by the Council.
The Council could use a different process in deciding on the appointment such as narrowing to a subset of finalists for follow-up questions before deciding on an appointment. The appointment ultimately must be made by a motion that is seconded and approved by a majority vote of the Council.
• Once the Council reaches a decision on the appointment, the Oath of Office will be administered to the appointee and the newly appointed Council Member will be seated at the dais.
• Following the appointment, the Council will update 2023 appointments of Council Members to various external boards, commissions, and committees throughout the county as part of a separate item on this agenda. Candidates were requested to be prepared to indicate their interest in serving on particular bodies should the candidate be appointed to the Council.
• A new Council Member orientation will be scheduled with the City Manager, City Attorney, and City Clerk before the newly appointed Council Member attends the next regular City Council meeting scheduled for May 8, 2023.
• Lastly, pursuant to State law, the applicant appointed to the City Council will be required to file a Statement of Economic Interests (Fair Political Practices Commission - Form 700) reporting sources of income or financial interests for the appointed member, their spouse or registered domestic partner, or dependent children that are located in, doing business in, planning to do business in, or having done business within the City’s jurisdiction during the past two years.
Staff is recommending that the Council conduct interviews of applicants to fill this vacancy on the City Council and make a subsequent appointment. If the Council chooses not to make an appointment at the April 24th Regular Meeting, the Council will need to make this appointment no later than 60 days from the commencement of the vacancy pursuant to Government Code Section 36512 (b) or call a special election. This appointment deadline is May 12, 2023, following the commencement of the vacancy on March 13, 2023.
FISCAL IMPACT
There is no fiscal impact from this action of appointing a new Council Member.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct interviews of applicants and make an appointment to fill an existing vacant City Council seat for the term ending in December 2024; or
2. Conduct interviews but do not make appointment and continue the appointment process to a subsequent date within the specified timeframe identified herein; or
3. Provide alternate direction to staff.
Staff Report: Appointment to Fill City Council Vacancy Page 3 April 24, 2023
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. List of names of qualified applicants and associated redacted applications
2. Sample letter to applicants
City of Grover Beach
CITY CLERK’S OFFICE
LIST OF APPLICANTS WITH LETTERS SUBMITTED FOR
CONSIDERATION OF BEING APPOINTED TOO THE
VACANT SEAT ON THE GROVER BEACH CITY COUNCIL
(Listed in Alphabetic Order by Last Name)
1. Marsha Bolyanatz
2. David Ekbom
3. Isaiah Narciso
4. Kielo Smith
5. John M. Wells
6. Zach Zimmerman
Attachment 1
1 City of Grover Beach
City of Grover Beach
APR 3 i3
APPLICATION FOR APPOINTMENT TO SERVE RECEIVED
AS CITY COUNCIL MEMBER
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
Applications due by 5:00 p.m., Friday, April 14, 2023
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Home Addrdress: (
Mailing Address:
Occupation/Employer: red)
(If different from home address)
Work Phone
E-mail:
May we contact you at work? EIYes ON° A Years lived in Grover Beach: \-31 Are you a registered voter of Grover Beach? EYes EINo
Are you related or married to any elected or appointed City official or employee? ['Yes If yes, name of relative and their position with the City of Grover Beach:
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Application for Appointment to City Council
Other relevant experience, education, or training:
NAy Ufti4e 5 vAinree.
Q:eA ca:1 116 - 0,1 s o s+ (}c4 ect ro cLete,ecct
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rck.4 '1 s h ws) cl cl f; o risj fy, fo-y-n Su e 1 G r-ctiq± What is your understanding of the role and responsibilities of the City Council? , ae-14--A.C1 G 0 td 1- e,do re-5 ck_oct x./ rK -Fc9 n u `e-q 4ç4 hct14hnd ct -fy at-rA \At f)-ecurt. .P 14) business eery) rn or)I pubp, cervia es ja,,,) 6L,i y5-/--ke- t,o pf ip\it 04..71-1 v t 1 s-Fe-n 09 d nd to n e_eArTY, re v G u es ancfne-e4S---1
h ro i.er • e-zz,e,11 0 n gfrruerte- ,
\m,PuLTie,
Please indicate the reasons for your interest in serving on the City Council.
M64) \/ ccs'i Gt-yict 6 us 'f ness o\f\ine_r5 0-0 rYl) c)ki +D ncl a-60 0-t ---1116yr- S+c-vicli s e-trAPA urti-ex; 11 0 rY) CS' s es3:, p eft/ vcuriciamsryr, cft ctAjtoycxxl ci cv3d ecdnc0,,Ack , t r-4,3 süje Whe..n I kj't`r.-the)/ r i +'-(-en I et+e,rs a-H-eAelaexi die) e`-f-e 61--n-s-vv er is Vo-rE DoEsenOT Lou Ni Wckrli fJjo rK Ito VA ck-r-cri You may attach additional information that may be beneficial to the City Council when rn considering your application. \ie tpur-lt 0.+4,(k.
an d e.,o rylvik) rty u nc( te:rStanci n
Please be advised that this application may be discussed by the City Council at an open meeting. J Information provided to the City Council at open meetings will be available as public information.
Have you ever attended or watched a meeting of this City Council? KYes EINo If yes, how many? /10-1- What led you to attend or watch? '€ or efterd ri-fo, s oc.ixdr bypi nGs fuel cskipors _ curd; re.,et
cCk rs, eda..,1 to-Ye-s„ TroL_CCI+ a/or-aro), rt e,ecis, 1640-44, vrrnu eVe, and pub ck,nct to 06)ness 3rants ahcl bcpcu ofiô prene ts/A-ncr h°c/n,,1 sfe-,Gs, Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Council Members are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property.
For more information visit: http.nwww.fppc.ca.gov
Signature:
Your interest in serving the City of Grover Be is sincerely appreciated! Please submit completed application to: Office of the City Clerk 154 South 8th Street
Grover Beach, CA 93433
Or via email: qbadminqroverbeach.orq
For Office Use Only
Interview Date. Appointed: J Yes No Appointed Date
Appointment is for J Unexpired Term Ending D Full Term Ending Additional comments for consideration for potential appointment to City Council Marsha Bolyanatz
Supporting Grover Beach from the Start: My first activity in support of my new residence in our town was in the Spring of 1992 when I made sure to move here from two years living in San Luis Obispo in time to qualify to vote in favor of the name change to Grover Beach in 1992. Prior to my move to the Central Coast in 1990, one of my employers was the Beverly Hills Visitors Bureau where I represented the city to increase tourism from the UK, and within state.
Saturn's Give a Hoop Project: Every time I pass the basketball court next to the tennis court at Grover Heights Park I feel a sense of pride that I represented my employer: Saturn of Santa Maria, San Luis Obispo and Grover Beach in working toward the fully financed donation and installation of this recreational facility which entailed numerous presentations to the Grover Beach City Council, on-site inspection and review of site progress and completion, with a free hot dog luncheon at the park to inaugurate the sports facility.
Efforts I fully and actively support: I encouraged local businesses to participate in the first and second Shop Grover Beach promotion and continue to be impressed with this third year success. As a member of the Grover Beach Committee I worked on creating the first Carved Pumpkin Contest in the 90s. Then, after the success of this first event and after comparing the mission statements of both Grover Beautiful Committee and the Parks and Recreation Commission, realized that this contest was more in line with the goals and activities of the latter organization, and recommended a switch of sponsorship. Now, with the combining of the Parks and Recreation Commission and Grover Beautiful, I think the commissioners are doing a terrific job.
I have served as host during the annual Spring Garden Tour when my home was selected as a featured garden during the second decade of my Grover Beach residency, and also participated as judge for the Carved Pumpkin Contest.
Additional efforts have been door knocking to encourage positive votes related to the K-14 project, Get-Out-the-Vote Campaign, and general voter registration efforts.
I love Grover Beach was surprised and happy to be notified that I was selected Second Place Winner in the 2nd Annual What I am Grateful For essay contest in November 2022. (See attached Poem.)
Respectfully submitted, Marsha Bolyanatz
April 11, 2023
WHAT I AM THANKFUL FOR IN GROVER BEACH
So, what am I grateful for,
you want to know,
As holidays approach,
Grover brings in Snow.
The bands, the floats,
and kids in tow,
The parade brings Santa,
who waves Hello!
And Santa's workshop
brings on cheers,
Plus, there's loud applause
for the Citizen of the Year.
As night comes in, we
gather right before dark,
To light the tree at
Ramona Garden Park.
The Dune Run Run,
Carved Pumpkin, Stone
Soup and other festivities,
Homes and businesses
decorated with lights
and nativities.
For all of the celebrations
you see above.
These are the events
our family truly loves.
Marsha Bolyanatz 2022 Thanksgiving entry
City ol Gtom
Utyr Grover Beach APR 13 2023
APPLICATION FOR APPOINTMENT TO SERVE RECEIVED
AS CITY COUNCIL MEMBER
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
Applications due by 5:00 p.m., Friday, April 14, 2023
Name: I/4V/7-7
(P ease
Home Address:
Date: ,42if?9
Mailing Address: J;1/7-7..e
(If different from home address)
Occupation/Employer: C6 g/ve< `Afe.e.-L, Col
Home Phone: Work Phone:
Cell Phone: E-mail:
May we contact you at work? asfg-ONo Years lived in Grover Beach: 6?) Are you a registered voter of Grover Beach? LEAre-s—Ej No Are you related or married to any elected or appointed City official or employee? :Yes UNO"----- If yes, name of relative and their position with the City of Grover Beach:
Communit Service Experience:
Organization Dates Served Position
Ceove--.-yL - et ti
A Wks .4- jet--rgE-4177-,-, 1 '97F--- Po rlo 7-2-2 /2-7 i ss-/r) fri...) &Rot/ EY2. C(/' / 9 FO - p coYil 121 ) .5' ' S / 7) Ai fr.-7 Cr2ov EP. iciir -cf
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G12OU62 -igE—A-CaC Ot". i 'C.._ / 9(fi--- — ...06 r "(., ri,c,( rri-e rr\L,-ccie- - Em lo ment History (if applicable):
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6 teovra CT ti, 1 9 73 — /93---? 0
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Please note: All personal information such as addresses and phone numbers will be retracted prior to being posted on the City website as public record.
Application for Appointment to City Council Page 2
Other relevant experience, education, or training: M'Z,Zo,s1- 2 c) 7+s- - (i4- Z_ P&- )'v 1vocThCA itiki a/P sS'..,erzubcy, C1-4i
,2 7 y b-fc(z__ ?The- cz7;e-----y m&-kus
What is your understanding of the role and responsibilities of the City Council? `(-- - cr7;:3P te-fj gP-GI- .
e ref,-tz-- 7t-e; 49 s)-1-6_ A- /1. D Co 1-1/
Criove- gEn- c Y6 e., C (-71-Ft cili-e
Please indicate the reasons for your interest in serving on the City Council.
CA 1 L4-- 94 /Z ye A es c f cc) 0A),7-7/4-,6v 1#17-orY-1 beJTAA04 ft,/ — °cc. re. g---nv1071- coc, P11^-0 acA c.+-1-3e/tis c 71-0— ;z-e' .(
You may attach additional information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings will be available as public information.
Have you ever attended or watched a meeting of this City Council? es ON° If yes, how manyVA rtioaro s What led you to attend or watch? 2-(J-49cfr'74 447(p.
Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Council Members are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property.
For more information visit: http://www.fppc.ca.gov
Signaturk
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to: Office of the City Clerk 154 South 8th Street
Grover Beach, CA 93433
Or via email: gbadmingroverbeach.org
For Office Use Only
Interview Date: Appointed: 1:a Yes la No Appointed Date:
Appointment is for: Ea Unexpired Term Ending El Full Term Ending City of Grover /10)each
City of Myer Beach
ADD I swel3
APPLICATION FOR APPOINTMENT TO SERVE
AS CITY COUNCIL MEMBER RECEIVED
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
Applications due by 5:00 p.m., Friday, April 14, 2023
Name: Isaiah Narciso
(Please print)
Home Address:
Date: 4/14/23
Mailing Address:
(If different from home address)
Occupation/Employer: Software Tester
Home Phone: 8 Work Phone: none
Cell Phone: E-mail:
May we contact you at work? CiYes ON° Years lived in Grover Beach: 20 Are you a registered voter of Grover Beath? [Nes I: No
Are you related or married to any elected or appointed City official or employee? OYes ON° If yes, name of relative and their position with the City of Grover Beach:
Community Service Experience:
Organization Dates Served Position
California Polytechnic State U. September 2004 to March 2008 Student Em lo ment History If a licable :
Company Dates Served Position
The Arena Group February 2022 to May 2022 Impact Copy Editor (Remote) Game Technology LLC March 2021 to October 2021 QA Analyst I The Boeing Co February 2019 to June 2020 Software App Tester I SLO Partners July 2018 to February 2020 _Software Tester Apprentice Please note: All personal information such as addresses and phone numbers will be retracted prior to being posted on the City website as public record.
4 City of Grover each
P4,11,,Par ,
City of Grover Bath
APR 1 3 023
APPLICATION FOR APPOINTMENT TO SERVE RECEIVED
AS CITY COUNCIL MEMBER
This is a public record open for inspection and reproduction You must be a registered voter of Grover Beach to apply Applications due by 5:00 p.m., Friday, April 14, 2023
Name John M Wells
(Please pnnt)
Home Address
Date 04/13/2023
Mailing Address.
(If different from home address)
Occupation/Employer Retired
Home Phone. Work Phone
Cell Phone. E-mail
May we contact you at work? El Yes ON° Years lived in Grover Beach. 9 years Are you a registered voter of Grover Beach? [Wes LI No
Are you related or married to any elected or appointed City official or employee? 1111Yes No If yes, name of relative and their position with the City of Grover Beach Community Service Experience
Organization Dates Served Position
nt History If a licable - • , .1, 1 1 1
Company
,
Dates Served Position
Central Unified School District 1986- 2016 teacher
Please note All personal information such as addresses and phone numbers will be retracted prior to being posted on the City website as public record Application for Appointment to City Council Page 2
Degree in history, Department Chair of
Other relevant experience, education, or training
Social Science Department Central East High School for 10 plus years, union representative for 30 years, Vice President of Central Unified Teachers Association for 4 years, Lead negotiator for CUTA for 10 years What is your understanding of the role and responsibilities of the City Council? To represent the needs of the constituents of Grover Beach Please indicate the reasons for your interest in serving on the City Council.
I have family in Grover Beach Two sisters that live on two of the corners of 8th and Nice and my son and his wife live on 12th close to Saratoga You may attach additional information that may be beneficial to the City Council when considering your application
Please be advised that this application may be discussed by the City Council at an open meeting Information provided to the City Council at open meetings will be available as public information Have you ever attended or watched a meeting of this City Council? 111Yes EINo about 6 issues and to see how it functions
If yes, how many? What led you to attend or watch?
Financial Disclosure In compliance with state law and the City's Conflict of Interest Code, all City Council Members are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property For more information visit http iiwww fppc ca goy
Signature
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to Office of the City Clerk 154 South 8th Street
Grover Beach, CA 93433
Or via email gLcadminRgroverbeach oro
For Office Use Only
interview Date Appointed J Yes J No Appointed Date
Appointment is for J Unexpired Term Ending J Full Term Ending APPLICATION FOR APPOINTMENT TO SERVE mAR AS CITY COUNCIL MEMBER This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
Applications due by 5:00 p.m., Friday, April 14, 2023
Name: Kielo Smith
(Please print)
Home Address:
Date: March 29, 2023
Mailing Address:
(If different from home address)
Occupation/Employer: Retired CDCR / Trader Joe's
Home Phone:
Cell Phone:
Work Phone:
E-mail:
May we contact you at work? EiYes EINo Years lived in Grover Beach: 25 Are you a registered voter of Grover Beach? OYes Ej No
Are you related or married to any elected or appointed City official or employee? :Wes EJNo If yes, name of relative and their position with the City of Grover Beach:
Community _ Service Ex erience.
Organization Dates Served Position
Five Cities Girls Softball Board 2010-2011 Vice President Five Cities Girls Softball Board 2012
,
President
, .
,
Employment History If a licable :
.--
Company Dates Served ` Position
.CDCR / CMG 3/1986- 12/2014 , C/O, Sgt.,Lt. Captain
Trader Joe's AG
,
8/2015 • Crew Member (Part Time) i
'
,
Please note: All personal information such as addresses and phone numbers will be retracted prior to being posted on the City website as public record.
Application for Appointment to City Council
Other relevant experience, education, or training: Advanced SuperVISion (2002)
Conflict Resolution Training (2003), EEO Counselor (2000-2014), Emergency Managment System Training (2012), Internal Affairs Training (2005)
What is your understanding of the role and responsibilities of the City Council? The City Council serves as the legislative authority to set pity policy. The Council adopts resolutions and ordinances, establishes policies, approves programs, adopts budgets, and approves contracts.
The Counsel also holds open meetings with the goal of giving citizens a voice as to how the city is run.
Please indicate the reasons for your interest in serving on the City Council.
We puchased our home in district 3 of Grover Beach in 1998 and have lived there ever since. The city '4
has been good to me and my family and now that I'm partially retired I would like to be part of the ongoing collaborative effort to make Grover Beach an even better place for all residents.
You may attach additional information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings will be available as public information.
Have you ever attended or watched a meeting of this City Council? E1Yes ON° If yes, how many? 7. What led you to attend or watch? Homelessness •
Financial Disclosure. In compliance with state law and the City's Conflict of Interest Code, all City Council Members are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property.
For more information visit: http/twww.fppc.ca.gov
Signature
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application ,to•
For Office Use Only
Interview Date: Appointed: 0 Yes 0 No Appointed Date
Appointment is for. 0 Unexpired Term Ending 0 Full Term Ending Office of the City Clerk
154 South 8th Street
Grover Beach, CA 93433
Or via email: gbadmingg overbeach.orq
Cityof Grover each City of Grover Beach
APPLICATION FOR APPOINTMENT TO SERVE
AS CITY COUNCIL MEMBER
This is a public record open for inspection and reproduction.
You must be a registered voter of Grover Beach to apply.
Applications due by 5:00 p.m., Friday, April 14, 2023
Name: Zach Zimmerman
(Please print)
Home Address:
APR 13 2023
RECEIVED
Date: April 8, 2023
Mailing Address:
(If different from home address)
Occupation/Employer: Winemaker, Claibome & Churchill
Home Phone: Work Phone:
Cell Phone: ( E-mail:
May we contact you at work? El Yes D No Years lived in Grover Beach: 3 Are you a registered voter of Grover Beach? OYes U No
Are you related or married to any elected or appointed City official or employee? DYes ON° If yes, name of relative and their position with the City of Grover Beach:
, rvi e x .erience•
Organization Dates Served Position
City of Grover Beach Feb. 2023 - present Parks, Recreation and Beautificatit KYXZ "Excellent Radio" Grover BE Jul. 2021 - present Program Host and Station AmbasE Grover Beach Community Founda Feb. 2023 - present Advisory Board Jazz Jubilee by the Sea Dec. 2022 Venue Host
If a licable :
Company Dates Served Position
Claiborne & Churchill Winery Aug. 2021 - present Assistant Winemaker, Tasting Roc Cal Poly Nov. 2019 - Sept. 2021 Events and Outreach Coordinator Jackson Hole Community Radio Aug. 2014 - Apr. 2019 Executive Director Naturalists at Large Aug. 2007 - Jun. 2014 Program Coordinator Please note: All personal information such as addresses and phone numbers will be retracted prior to being posted on the City website as public record.
Application for Appointment to City Council Page 2
Other relevant experience, education, or training: Extensive staff cultivation and community engagement experience. Civic volunteer experience hosting political candidate forums. Nearly conversationally fluent in Spanish. Leadership Jackson Hole graduate, Class of 2016. University of California, Santa Cruz, B.A. Sociology, Class of 2005.
What is your understanding of the role and responsibilities of the City Council? The council exists to consider the priorities of the residents of their community and serve them with the best financial, sustainable, and equitable interests of their constituents in mind. Council should actively gather input from both citizens and professional sources to inform this decision making process.
Please indicate the reasons for your interest in serving on the City Council.
To better understand the local civic operations in our community, and serve all of my fellow residents to the best of my ability, in the interest of making Grover Beach a better place to recreate, own a business, raise a family, and get to know your neighbors.
You may attach additional information that may be beneficial to the City Council when considering your application.
Please be advised that this application may be discussed by the City Council at an open meeting.
Information provided to the City Council at open meetings will be available as public information.
Have you ever attended or watched a meeting of this City Council? ElYes EINo If yes, how many? 5 What led you to attend or watch? To learn more about certain topics that were on a particular agenda, and see how council operates.
Financial Disclosure: In compliance with state law and the City's Conflict of Interest Code, all City Council Members are required to file a Statement of Economic Interests (Form 700) upon appointment, annually thereafter, and upon leaving office. The Form 700 is a public document regarding personal and business information including sources of income, loans, investments, and interests in real property.
For more information visit: http//www.fppc.ca.gov
Signature:
Your interest in serving the City of Grover Beach is sincerely appreciated! Please submit completed application to: Office of the City Clerk 154 South 8th Street
Grover Beach, CA 93433
Or via email: qbadminciroverbeach.org
For Office Use Only
Interview Date. Appointed Li Yes Li No Appointed Date
Appointment is for U Unexpired Term Ending Li Full Term Ending City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick Council Member Vacant Matthew Bronson
City Manager
154 South Eighth Street Grover Beach, California 93433 www.groverbeach.org Administrative Services/Water (805) 473-4550 City Council/City Manager (805) 473-4567 City Clerk (805) 473-4568 Community Development - Building, Planning & Economic Development (805) 473-4520 Human Resources (805) 473-4564 Parks & Recreation (805) 473-4580 Police/Non-Emergency (805) 473-4511 Public Works (805) 473-4530 April 18, 2023
{Name}
{Address}
Grover Beach, CA 93433 SENT VIA EMAIL
SUBJECT: APPLICATION TO FILL VACANCY ON THE GROVER BEACH CITY COUNCIL Dear ________:
This letter is to confirm receipt of your application of interest to serve our community as an appointed member of the Grover Beach City Council. The City Council will be conducting interviews of six (6) qualified candidates at a public meeting to be held in the Council Chamber at City Hall on Monday, April 24, 2023, at 6:00 p.m. (City Council meetings are televised on Government Cable Access Channel 20 and may be viewed over the Internet at www.groverbeach.org) A copy of the agenda and staff report will be emailed to you prior to the meeting. If you are not available to attend the meeting and participate in the interviews, please contact the City Clerk’s Office by calling (805) 473-4567 or sending an email to [email protected].
Interview Process:
• In the interest of fairness to all applicants, the order of the interviewees will be randomly selected prior to the meeting. We respectfully request that only the applicant being interviewed be present in the Council Chamber, while all other applicants will be in the adjoining Conference Room until called by the Council.
• The interview questions will be the same for all candidates. Candidates will be asked to provide a two-minute overview about themselves and why they are interested in serving on the City Council followed by questions from the Council. • Once your interview is concluded, you may remain in the Council Chamber to hear any remaining interviews and the City Council’s deliberations.
Appointment:
• Once the City Council reaches a decision regarding the appointment, the Oath of Office will be administered to the appointee at the meeting and the newly appointed Council Member will be seated at the dais.
• A new Council Member orientation will be scheduled with the City Manager, City Attorney, and City Clerk before the newly appointed Council Member attends the next regularly scheduled Council meeting on May 8, 2023.
Attachment 2
• Immediately following the appointment process, the Council will make 2023 appointments of Council Members to various external boards, commissions, and committees throughout the county. Each candidate should therefore be prepared to indicate their interest in serving on particular bodies should the candidate be appointed to the Council. Attached is a list of these external boards, commission, and committees for your reference.
Lastly, pursuant to State law, the applicant appointed to the City Council will be required to file a Statement of Economic Interests (Fair Political Practices Commission - Form 700). The statement requires reporting sources of income or financial interests (for you, your spouse or registered domestic partner, or dependent children) that are located in, doing business in, planning to do business in, or having done business within the City’s jurisdiction during the past two years.
Statements of Economic Interests are public documents. For reference, this form is available in the City Clerk’s office during regular business hours or online at www.fppc.ca.gov. Upon appointment, Form 700 will be provided to you and must be completed within 30 days.
Please let me know if you have any questions. We look forward to seeing you on Monday, April 24, 2023 at 6:00 p.m.
Respectfully,
WENDI B. SIMS
City Clerk
c: Mayor and Council Members
City Manager Matthew Bronson
City Attorney David Hale
Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Matthew Bronson, City Manager
SUBJECT: Fire Services Update
RECOMMENDATION
Receive the final report of the Baker Tilly review of current and future needs for fire and emergency medical services and provide input and direction to staff on proposed service levels and staffing recommendations for fire services beginning in FY 2023-24 and a draft Joint Powers Authority agreement for an Amended and Restated Five Cities Fire Authority.
DISCUSSION
On February 27, 2023 the Council received a presentation of a review conducted by outside consulting firm Baker Tilly into fire and emergency services needs in Grover Beach and Arroyo Grande provided by the Five Cities Fire Authority (FCFA) Joint Powers Authority (JPA). This review was commissioned by both cities in October 2022 to provide an outside, third-party review of this important policy issue. The need for the review stemmed from the pending withdrawal of the Oceano Community Services District (OCSD) from FCFA on July 1, 2023 given the failure of Oceano Measure A-22 which would have generated additional funding for fire and emergency medical services in Oceano.
Baker Tilly’s scope included a service level analysis, staffing deployment options, fiscal analysis, and review of alternative service models and governance structure. This work included reviewing the financial impacts of OCSD’s departure from FCFA including their current funding contribution and whether it would be beneficial for FCFA to provide fire service to Oceano under a contractual fee-for-service arrangement. The Baker Tilly team working on this project was led by Rick Haydon, former City Manager in Santa Maria, and also included Larry Waterhouse, a former fire chief in several cities in Southern California. Baker Tilly was chosen given their work with service reviews elsewhere within the Central Coast and their ability to complete this study by early 2023 to inform decisions by the two cities.
This staff report provides an update to the Council following Baker Tilly’s presentation of preliminary findings and recommendations on February 27 and covers the following three topics:
• Baker Tilly fire services review final report
• Proposed service level and staffing recommendations beginning in FY 2023-24 • Draft JPA agreement for an Amended and Restated FCFA
A similar agenda item is scheduled in Arroyo Grande on April 25 so that the two City Councils can receive information and provide direction to staff on successive meeting nights to inform development of final agreements and budgets in preparation for the upcoming fiscal year.
Staff Report: Fire Services Update Page 2
April 24, 2023
Baker Tilly Fire Services Review Final Report
Baker Tilly’s presentation on February 27 included observations, findings, and recommendations for sustainable and responsive fire and emergency medical services along with associated costs for both Grover Beach and Arroyo Grande. Baker Tilly provided a similar presentation to the Arroyo Grande City Council on February 28. The recommendations are intended to be implemented beginning in FY 2023-24 to coincide with the withdrawal of OCSD from the FCFA.
Below were overall observations from Baker Tilly:
• Recent annual financial contributions from participating agencies have not sufficiently financed the total operational costs of the FCFA.
• The need for an ongoing dedicated revenue stream to fully finance the operational and capital costs of the FCFA is paramount.
• Calls for service for the existing service population are consistent with industry standards though public service (non-emergent) calls are relatively high. • FCFA faces numerous operational challenges resulting in personnel feeling stressed. • Divestiture or deactivation of OCSD fire service responsibility will not be a simple or quick matter to resolve.
More detailed observations were shown in the presentation slides regarding staffing levels, equipment, fire prevention activities, facilities, and other topics. Baker Tilly also noted in the presentation that given the limited resources and operational challenges, FCFA personnel should be commended for the services they provide the community. Staff would concur with these observations and the commendation to FCFA personnel for their work in serving Grover Beach residents and businesses.
Building on these observations and the operational and fiscal data collected, Baker Tilly provided the following recommendations to the two cities:
• Conduct a Community Risk Assessment and Standards of Coverage and adjust staffing to meet service area, community risk, and call volume
• Hire an additional battalion chief and place all battalion chiefs on shift schedules consistent with floor personnel
• Contract for fire marshal and fire inspection services, or fill those positions with FCFA employees
• Develop an inventory of all mission-critical equipment and apparatus, and establish an asset replacement schedule and fund it
• Develop a comprehensive operations policy and procedures manual • Restructure the governing board and create a five-person board, two from each city (an elected official and city manager) and one mutually agreed-upon board member; Fire Chief to report to one or both City Managers
• Assess the feasibility of a parcel tax or Mello-Roos assessment to help finance FCFA operational and capital costs
• Discuss with CalFire representatives the cost for providing fire prevention and suppression services and/or enter into discussions with City of Pismo Beach representatives to expand the current regional fire authority model
• Work on resolving and strengthening interagency relationships and collaboration • Develop either an agreement to contract-back fire service for the Oceano area or create a fourth amendment to the JPA, thereby allowing OCSD to continue to be part of the FCFA until LAFCO can render a divestiture decision
Staff Report: Fire Services Update Page 3
April 24, 2023
Following the presentation and subsequent discussion, the Council provided direction to staff to develop an updated two-city JPA for fire services between Arroyo Grande and Grover Beach and for the JPA to provide service to Oceano in a contractual fee-for-service arrangement on a temporary basis until the LAFCO divestiture process concludes. Consistent direction was provided by the Arroyo Grande City Council. There was no explicit direction from the Council on other aspects of the findings and recommendations though several Council Members expressed concern about combining elected officials and city managers on a restructured governing board given the difference in roles.
After the Council presentations, Baker Tilly developed a report documenting their work and providing additional details and context behind their recommendations. Staff received an initial draft of this report in March and provided this draft to the FCFA Chief and fire union leadership for their feedback prior to sharing edits with Baker Tilly. Baker Tilly subsequently provided the cities with a final report which is shown as Attachment 1. The final report generally contains similar recommendations as the February presentation with the following exceptions:
• Modification of governing board recommendation to keep with only elected officials serving on this body rather than a combination of elected officials and city managers • Removal of recommendation on working with CAL FIRE on potential service provision given the likely inability to reduce costs compared with current FCFA costs along with the loss of local control
• Addition of three “scenarios” under which contract service is provided to Oceano to estimate projected FCFA costs and agency contributions:
o Scenario 1: OCSD stays under contract with FCFA for up to another year at their total property tax revenue amount
o Scenario 2: OCSD stays under contract with FCFA for an indefinite term with OCSD’s funding capped at their total property tax revenue amount. o Scenario 3: OCSD stays under contract with FCFA for an indefinite term with appropriate County financial support.
• Three options for staffing plans (low, medium, and high cost) are shown within each scenario to show varying costs and resulting agency contributions Staff is seeking any questions or comments from Council on the final report. Staff’s recommendations on implementing the recommendations from Baker Tilly on service delivery, staffing, and governance will be covered in the following sections of this report.
Proposed Service Level and Staffing Recommendations Beginning in FY 2023-24 Building on the Baker Tilly report, staff in both Grover Beach and Arroyo Grande believes Scenario 1 is the most likely scenario beginning on July 1, 2023, given the direction from both Councils to provide contract service to Oceano on a temporary basis to coincide with the timing of the LAFCO divestiture process. Staff in the two cities further believes that the “low cost” Staffing Plan A-4 (two 3-person companies and one 2-person company) is the most cost-effective and responsive plan at this time to provide a higher level of service at a more manageable cost. The following page shows the staffing configuration and position additions by year of this Staffing Plan A-4 along with the financial impacts in tables excerpted from the Baker Tilly report:
Staff Report: Fire Services Update Page 4
April 24, 2023
PLAN A-4
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total
FY
24 FY
25 FY
26 FY
29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 6 0
Total 6 9 9 6 0 30 3 0.5 0 0 3.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000) Staffing Plan A-4 adds 3.5 FTE positions to FCFA over the next two fiscal years including 1.0 FTE Battalion Chief, 2.0 FTE Engineer positions, and 0.5 FTE Administrative position. The staffing increase in this plan enables FCFA to provide a 24-hour 2-person third company in contrast to the current staffing model where a third company is frequently not available given staffing limitations. Baker Tilly recommends this approach of using a 2-person company for this temporary contract period during the LAFCO divestiture process. If FCFA later chooses to provide ongoing service to Oceano, Baker Tilly recommends a different staffing model for three 3-person companies (Staffing Plan A-2) which would come at a higher cost.
Below is the estimated financial impact from Staffing Plan A-4 with dollar amounts in thousands (original chart is shown as Table 13 in the Baker Tilly report in Attachment 1):
The Ctiy’s
However, the significant contribution increase required by the two cities even under this “low cost” plan will lead to reductions in other General Fund expenditures over the next five years unless additional revenues are generated to support fire services.
One recommended modification to these costs is delaying efforts to obtain new fire prevention contract services for at least one year in the interest of minimizing immediate cost increases.
Inspection services that are not currently being performed by the FCFA would be performed in Staff Report: Fire Services Update Page 5
April 24, 2023
Grover Beach and Arroyo Grande by their respective building services contractors rather than by an FCFA contractor, which will decrease the total costs identified in the table above by $100,000 (a reduction of $58,000 to Arroyo Grande and $42,000 to Grover Beach). This cost for the City would be reflected in the FY 2023-25 budget along with associated revenues as these services are cost-covered by building fees. This approach would be revisited in 2024 based on need and funding availability for increased prevention services.
As part of this Staffing Plan A-4, the City’s contribution to FCFA would increase from $2.02 million in the current FY 2022-23 to $2.77 million in the upcoming FY 2023-24 or a total increase of approximately $750,000. This is a significant increase of 37% over one year though considering that contributions have been fixed since FY 2019-20, this increase annualized over a four-year period is approximately 9% per year. The City’s contribution amount for FY 2023-24 is also lower than originally estimated ($3.07 million) for this Staffing Plan in the February 27th presentation.
This lower amount is primarily due to a one-time funding transfer of $887,000 from Arroyo Grande to FCFA in FY 2023-24 (shown in “Other Revenue”) to reimburse prior year pension unfunded accrued liability costs which should have been paid by Arroyo Grande.
Under this scenario, FCFA would contract with OCSD to provide fire and emergency medical service to Oceano for one year from July 1, 2023 to June 30, 2024 while the LAFCO divestiture process was underway. This process was initiated this January and is expected to take 9-12 months to complete through early 2024. Below are recommended terms for this contract:
• Term: 12 months to provide sufficient time for completion of the LAFCO divestiture process.
• Cost: At least $1,211,000, which is the funding amount that Baker Tilly identified as available to the OCSD for fire service through its current share of property tax revenue. • Scope of Service: Fire and emergency response services, including the minimal fire prevention services currently provided by the FCFA.
• Location: Station 3 may be utilized by the FCFA to serve its entire service territory, including Oceano, if deemed appropriate. Baker Tilly identified deficiencies at Station 3 that may make use of this station by FCFA staff unadvisable. FCFA should retain the ability to determine where to station its staff regardless of any contract to serve Oceano.
As part of this proposed contract, OCSD would pay its current contribution amount ($1.2 million) which reflects all of the district’s share of property tax revenue from property owners within Oceano reported by Baker Tilly. Staff notes that this payment amounts to an effective 14% share of FCFA costs for the next fiscal year which is a lower percentage than the percentage in the current fiscal year (16%). A cost based on this 16% percentage would be approximately $1.4 million while a cost based on the percentage specified in the current Third Amendment to the JPA Agreement (20%) would be $1.7 million.
However, OCSD is unable to fund any additional costs beyond their $1.2 million share of property tax revenue given the failure of their tax measures and the County is not in a position to make up this difference for next fiscal year for a service they are not currently responsible for. In addition, in the short term, the $1.2 million payment from OCSD in FY 2023-24 mitigates the increased City costs for fire services along with the pension transfer payment mentioned previously. However, if at the conclusion of the LAFCO process in early 2024, the County requests further contract service to Oceano, staff recommends charging an amount that more fully covers the costs of Oceano service beginning in FY 2024-25. Such a payment for Oceano is identified in Scenario 3 in the Baker Tilly report and would be $1.7 million in FY 2024-25 under Staffing Plan A-4 with a resulting City contribution of $2.86 million. Staff notes that, if the cities then increased staffing Staff Report: Fire Services Update Page 6
April 24, 2023
levels to three 3-person companies, all the contribution or payment levels would correspondingly increase as shown in the Baker Tilly report under Staffing Plan A-2.
Staff is seeking input and direction on this fire service level and staffing recommendation along with the terms of a proposed contract with OCSD. Pending Council direction, staff in Grover Beach will work with staff in Arroyo Grande to develop a one-year contract with OCSD for fire and emergency medical service and bring this contract to both Councils along with the OCSD Board for approval by the end of this fiscal year.
Draft JPA Agreement for an Amended and Restated FCFA
Lastly, staff is seeking input and direction on a draft agreement for an Amended and Restated Joint Powers Authority covering Arroyo Grande and Grover Beach. The draft agreement (shown in Attachment 2) including exhibits builds on the recommendations from Baker Tilly in creating an updated governance structure that better meets the needs of a two-city fire services JPA. In developing this draft agreement, staff researched and spoke with city managers in other two-city fire services JPAs in California including:
• Central Marin Fire Department (Town of Corte Madera and City of Larkspur) • Central County Fire Department (Cities of Burlingame and Hillsborough with contract service provided to City of Millbrae)
• Livermore-Pleasanton Fire Department (Cities of Livermore and Pleasanton) Below is a table summarizing key elements of these three JPAs:
Agency JPA Members Board Executive
Management
Cost
Allocation
Central
Marin Fire
Department
• City of
Larkspur
• Town of
Corte
Madera
• 4-member Fire
Council made
up of 2
members of
each agency’s
council
• One vote
required from
each city/town
to approve any
item
• Management
Committee
made up of
the City/Town
Managers of
each party
• In practice,
one City/Town
Manager acts
as CEO for
signatory
purposes and
rotates this
role based on
which agency
the Chair is
from at that
time
• Fire Chief
reports to
Management
Committee,
which appoints
the Chief
• 50/50 split of all
costs
Staff Report: Fire Services Update Page 7
April 24, 2023
Central
County Fire
Department
• City of
Burlingame
• City of
Hillsborough
• 4-member
Board made
up of 2
members of
each agency’s
council
• One vote
required from
each city to
approve any
item
• Chief
Administrative
Officer, which
is one of the
two City
Managers and
rotates based
on which
agency Board
Chair is from
for that time
• In practice,
CAO confers
with City
Manager of the
other city
before making
substantive
decisions
• Fire Chief
reports to
CAO, who
appoints Chief
• All costs and
revenues split
60/40, with
60% allocated
to Burlingame
and 40% to
Hillsborough
LivermorePleasanton
Fire
Department
• City of
Livermore
• City of
Pleasanton
• 4-member
Board made
up of 2
members of
each agency’s
council
• Majority vote
required to
take action
• Impasse
matters may
be submitted
to the two city
councils, which
will consider
the matter
independently
first, and, if still
at impasse,
then consider
the matter at a
joint city
council
meeting of the
two cities
• Joint Executive
Directors
consisting of
the two City
Managers of
each city
• Policy
establishes the
powers that
must be
exercised and
the decisions
must be made
jointly, and
which may be
exercised and
made by one
of the Joint
Executive
Directors with
notice to the
other
• Fire Chief
reports to the
Joint Executive
Directors, who
appoint the
Chief
• Cost allocation
plan lists
category of
costs
• Costs split
differently
depending on
category
• Most costs
split 50/50,
except for a
portion of
suppression
costs and postemployment
liability costs
Staff Report: Fire Services Update Page 8
April 24, 2023
Of the three agencies, staff believes the first two are the most relevant for Arroyo Grande and Grover Beach given relative similarity in combined population of the two cities (Livermore and Pleasanton in contrast have a combined population of 164,000). However, staff learned useful and relevant examples from the three agencies which informed the development of the draft JPA agreement. Below are key provisions of the draft agreement:
• Authority governance. There will be a four-member Board of Directors to provide policy oversight of the Authority. The Board will have a Chair and Vice Chair, meet at least quarterly, and consist of two representatives of each city with the Chair and Vice Chair appointed from each respective city. This structure differs from the Baker Tilly recommendation on the governing board, though this structure is used in the other three JPA agencies researched and staff believes it is a relevant model for FCFA. While an even number of Board members could produce a deadlocked vote, none of the other agencies indicated this had happened with their respective Boards and the potential for this to occur provided further impetus for the Board to reach a consensus. • Executive management. The agreement calls for the executive management of the Authority to be vested in a two-person Management Committee made up of the current City Manager for both Member Agencies. The Management Committee shall hire, terminate, and provide executive management of the Fire Chief who in turn will be responsible for operational management of the Authority. While both City Managers will be part of the Management Committee, one of the City Managers will serve as the Chief Executive Officer (CEO) to carry out decisions of the Management Committee and act on urgent matters as needed. The CEO role will rotate between the City Managers at the same annual frequency as the Board Chair and Vice Chair roles so the Chair and CEO would be from the same city. This executive management structure is recommended by Baker Tilly and used by the other JPA agencies. It is also similar to a standard City Manager/Department Head reporting relationship used in both cities. • Other Authority positions. The agreement continues the current assignment of the Director of Administrative Services for Arroyo Grande serving as the Authority Treasurer. The Board and Management Committee, in consultation with the Fire Chief, shall appoint or designate a Secretary who shall serve at the pleasure of the Board and be the official custodian of records for the Authority. The Board would also appoint an attorney to serve as legal counsel for the Authority. Employees of the Authority would officially be employees of Arroyo Grande, as they are under the current agreement, but will be assigned to the Authority through an agreement between Arroyo Grande and the Authority.
The Authority will use Arroyo Grande’s CalPERS contract for Authority employees. • Fire stations, other real property, and equipment. Similar to the current arrangement, buildings and structures owned by Member Agencies may be utilized for the Authority’s use but shall remain the property of the respective Member Agency. Each Member Agency shall be responsible for maintenance and insurance of Member Agency buildings.
Similarly, all equipment owned by Member Agencies shall remain the property of each Member Agency but may be utilized by the Authority. The Authority may acquire any equipment or other personal property for the Authority’s use. The Authority’s principal business and governance office will remain at the Authority’s Station 1 in Arroyo Grande. • Cost-sharing and budget. The agreement retains the Member Agency funding formula which is currently based on population, service calls, and number of stations and personnel. Based on this formula, Arroyo Grande would pay 58% of FCFA costs and Grover Beach would pay 42%. The formula would be re-evaluated by the Member Agencies at least every two years prior to the Agencies’ respective biennial budget adoption. The agreement also states that the Board initially adopt a budget within 30 days Staff Report: Fire Services Update Page 9
April 24, 2023
of execution of this Amended and Restated JPA and annually adopt a budget prior to April 30 in order for Member Agencies to review and incorporate contract costs into their respective fiscal year budgets.
• New members and membership withdrawal. The agreement provides the ability to admit new Member Agencies to the Authority. New members may only be admitted with unanimous approval from the Board and governing bodies of each Member Agency. There is also language allowing withdrawal of membership with continued payment of its share of liabilities incurred by the Authority.
Staff is seeking input and direction on this draft agreement for an Amended and Restated Joint Powers Authority. Pending Council direction, staff in Grover Beach and Arroyo Grande will finalize the agreement and bring it back to both Councils for approval by the end of the fiscal year.
FISCAL IMPACT
The cost to the City of the recommended service level and staffing for fire services for FY 2023- 24 is $2.77 million with an FY 2024-25 projected cost of $2.86 million. These costs are approximately $750,000-850,000 higher than the City’s current cost of approximately $2 million.
The proposed FY 2023-25 budget under development absorbs this cost in FY 2023-24 by reducing General Fund capital project expenditures and allowing unallocated American Rescue Plan Act funds to be used as general revenues while still funding select high-priority budget items.
However, beginning in FY 2024-25, budget projections indicate annual deficits and a necessary use of reserves to balance the budget as costs for fire services and other service and operating needs continue to increase. The City also faces significant unfunded infrastructure needs such as major street repair, street maintenance, equipment replacement and facility improvements.
Closing this projected long-term funding gap would require reductions in other General Fund operating or capital expenditures or precipitous declines in reserves unless additional revenues are generated, such as through a revenue measure. Staff will share further financial information during the May 8th budget update including highlighting recommendations that will be submitted in the FY 2023-25 proposed budget, which will be considered by the Council in June.
ALTERNATIVES
The Council has the following alternatives to consider:
1) Receive a fire services update including the final report of the Baker Tilly review to assess current and future needs for fire and emergency medical services and provide input and direction to staff on proposed service level and staffing recommendations beginning in FY 2023-24 and a draft Joint Powers Authority agreement for an Amended and Restated Five Cities Fire Authority; or
2) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Baker Tilly Fire Service Final Report
2. Draft Agreement for an Amended and Restated Joint Powers Authority April 2023
Five Cities Fire Authority
Analysis of Fire Services
Attachment 1
1730 MADISON ROAD • CINCINNATI, OHIO 45206 • 513 861 5400 • BAKERTILLY.COM April 13, 2023
Mr. Matthew Bronson
City Manager
City of Grover Beach
154 S. Eighth Street
Grover Beach, CA 93433
Dear Mr. Bronson:
Baker Tilly is pleased to transmit this report on our assessment of the Five Cities Fire Authority (FCFA). The focus of this engagement was to provide an overall assessment of the financial impacts associated with the departure of the Oceano Community Services District (OCSD) from the FCFA based on OCSD’s initiation of the divestiture process with the San Luis Obispo County Local Agency Formation Commission (LAFCO). In this report, we identified staffing and fire service options and developed options for a new governance structure. In all, our report includes 18 recommendations for organization enhancements and efficiencies. In addition, we also created a user-friendly and multi-faceted fiscal model for the FCFA and the cities of Arroyo Grande and Grover Beach to use in their respective budget forecasting. This fiscal model will be provided to you separate from this report.
Our review found that the FCFA has done a commendable job in providing basic fire suppression service to its partner agencies, given its limited financial resources, constrained operating budget, and organizational challenges. While the FCFA is an improvement over the previous separate city department model, like other small fire agencies, the FCFA has many operational challenges. However, we feel that we have made several recommendations in this report to help the FCFA address the challenges.
We appreciate the FCFA staff and staff from the cities of Arroyo Grande and Grover Beach for providing us with a variety of information and for having very candid discussions with our team members. In addition, we valued the feedback we received from both the Arroyo Grande City Council and the Grover Beach City Council on our observations and preliminary recommendations presentation, and please be advised that this report provides updated data based on information we received since those presentations were made.
Sincerely,
Carol Jacobs
Managing Director
Analysis of Fire Services
Table of Contents Baker Tilly
i
Table of Contents
Executive Summary .................................................................................................................................. 1 Major Observations .......................................................................................................................... 1 Organization of the Document ....................................................................................................... 2 Background ................................................................................................................................................ 3 Project Approach ....................................................................................................................................... 4 Interviews .......................................................................................................................................... 4 Interview Themes ........................................................................................................................ 5 Document Review ............................................................................................................................ 5 Service Level Analysis ............................................................................................................................. 6 Fire Chief’s Recommended Staffing Plans ........................................................................................ 19 Plan A – Incremental staffing increase with a 4th Company in FY 2029 ............................... 19 Plan B – An immediate staff increase of 12 and adding a 4th Company in FY 2027 ............ 19 Fiscal Analysis ......................................................................................................................................... 21 Alternative Models ................................................................................................................................. 37 Maintain the JPA pooled FCFA structure to serve the two cities and possibly provide short-term or longer-term service to Oceano via contract ........................................................ 37 Revert to stand alone independent city fire departments ........................................................ 40 Contract out service delivery to CALFIRE ................................................................................. 40 One City to contract for fire service delivery with the other City ........................................... 41 Regional Consolidation ................................................................................................................. 41 Governance Structure ............................................................................................................................. 43 Conclusion ................................................................................................................................................ 44 Attachment A – List of Recommendations ......................................................................................... 45 Analysis of Fire Services
Table of Contents Baker Tilly
ii
Tables
Table 1. First Alarm Residential Staff Assignments .......................................................................... 7 Table 2. Current FY 2022-23 Budgeted Staffing .................................................................................. 8 Table 3. Comparison of FCFA Service Area and Staffing Model to Nearby Agencies ............... 9 Table 4. Annual Calls for Service1 ....................................................................................................... 10 Table 5. Plan A – Incremental staffing increase with 4th Company in FY 2029 ......................... 19 Table 6. Plan B – Immediate staff increase of 12 with 4th Company in FY 2027 ........................ 20 Table 7. Total Cost .................................................................................................................................. 20 Table 8. Percentage Allocation of Contributions Between Member Agencies ........................... 23 Table 9. Plan A-2 Staffing Configuration and Additions by Year ................................................. 25 Table 10. Plan A-3 Staffing Configuration and Additions by Year ............................................... 25 Table 11. Plan A-4 Staffing Configuration and Additions by Year ............................................... 26 Table 12. Plan A-5 Staffing Configuration and Additions by Year ............................................... 27 Table 13. Low-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-4 ($ in 000) 28 Table 14. Medium-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-3 ($ in 000) 28
Table 15. High-Cost Option: FCFA forecast under OCSD scenario 1/staffing Plan A-2 ($ in 000) 29
Table 16. Low-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-4 ($ in 000) 30
Table 17. Medium-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-3 ($ in 000) 30
Table 18. High-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-2 ($ in 000) 31
Table 19. Low-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-4 ($ in 000) 32
Table 20. Medium-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-3 ($ in 000) 32
Table 21. High-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-2 ($ in 000) 33
Table 22. FY 2024 Contribution by Cities and Increase Over FY 2023 ($ in 000) ......................... 34 Table 23. Plan A-4 Two Three-Person and One Two-Person Companies Without Added County Funding Support ($ in 000) ..................................................................................................... 38 Table 24. Plan A-2 – Three Three-Person Companies Without Added County Funding Support ($ in 000) .................................................................................................................................... 39 Analysis of Fire Services
Table of Contents Baker Tilly
iii
Table 25. Plan A-5 – Two 3-Person Engine Companies, Added Battalion Chief and Contracted Prevention Services, Service Only the Two Cities, Without OCSD ($ in 000) ............................ 39 Figures
Figure 1. FCFA Expense versus Revenue Assuming no OCSD, Current Staffing Levels, and Continued Flat City Contributions ...................................................................................................... 24 Figure 2. Projected Costs for FCFA and Nearby Cities ($ in 000) ................................................... 34 Figure 3. Range of FCFA Contributions by Cities Through FY 2029 ($ in 000) ........................... 35 Figure 4. Regional Map1 ......................................................................................................................... 42 Analysis of Fire Services
Executive Summary Baker Tilly
1 Executive Summary
Baker Tilly was engaged by the cities of Arroyo Grande and Grover Beach to assist with an analysis of fire services provided by the Five Cities Fire Authority (FCFA).
The objective of this engagement was to:
• Provide an assessment of the financial impacts of the departure of the Oceano Community Services District (OCSD) from the FCFA; • Provide the options available to the FCFA to address the financial gap as a result of OCSD’s withdrawal from the FCFA; and • Recommend a new governance structure upon the departure of OCSD.
Major Observations
Through our data gathering and analysis, we made numerous detailed observations described further in this report. Major observations that informed our recommendations are provided below.
• The need for an ongoing dedicated revenue source to finance operational and capital costs. With the exception of grant funding and state strike team reimbursements, all operations and capital expenses are financed directly by participating agencies.
Each agency makes a financial contribution based on a predetermined funding allocation amount; however, recent annual financial contributions have not sufficiently financed operations or capital costs. Consequently, a dedicated revenue source is both needed and warranted.
• The divestiture of OCSD fire service responsibility will take time to resolve. The process for divestiture was initiated by the OCSD Board of Directors on January 11, 2023, and now the San Luis Obispo Local Agency Formation Commission (LAFCO) will
decide on this matter. However, this decision will not be made before the end of this fiscal year; thus, options for fire service in the Oceano area will need to be explored.
• The FCFA does not meet National Fire Protection Association (NFPA) 1710 standards. NFPA sets standards for fire suppression, emergency medical operations, and special operations through Analysis of Fire Services
Executive Summary Baker Tilly
2 NFPA 1710 which requires, amongst other things, four-person response units with a total of 17 personnel required for structure fires. FCFA does not meet this standard.
• The FCFA faces numerous operational challenges. Operational challenges include inconsistent staffing levels on all units, insufficient resources devoted to training (especially high-risk/low frequency calls), the lack of a dedicated revenue source to help finance operations and capital costs, inadequate fire prevention programs and managerial oversight, and an outdated
communication system.
• A Standards of Cover and Community Risk Assessment are needed. Both a Standards of Cover and Community Risk
Assessment are essential for determining the appropriate staffing and deployment needs of the agency. A Standards of Cover report would identify response time objectives, establish standards for measuring the effectiveness of department resources, and evaluating the deployment of those resources. A Community Risk Assessment would provide the FCFA with recommendations of how to prepare their community to respond to emergency events and develop community resilience.
• The number of calls for service for the existing service population is consistent with industry standards; however, public service or non-emergent calls represent 40% of total calls, which is relatively high compared to surrounding agencies. For example, the percentage of non-emergent calls in surrounding agencies are Paso Robles 19.1%, Morro Bay 20.2%, San Luis Obispo 23.8%, and Atascadero 30.7%. It is our understanding that the reporting software has a coding issue that needs to be addressed and may result in an increase in emergency medical calls and a
corresponding decrease in non-emergent calls.
Organization of the Document
The remainder of this report is organized into the following major sections:
• Background
• Project Approach
• Service Level Analysis
• Fire Chief’s Recommended Staffing Plans
• Fiscal Analysis
• Alternative Models
• Governance Structure
• Conclusion
Analysis of Fire Services
Background Baker Tilly
3 Background
In 2004, the cities of Arroyo Grande and Grover Beach initiated a partnership to provide fire services. This partnership included sharing personnel such as a fire chief and training officer and was later expanded to include equipment sharing, a consolidation of their reserve firefighter programs, and a change in how 9-1-1 calls were dispatched with the closest fire resource responding regardless of community boundaries. In 2009, the Oceano Community Services District joined the partnership leading to a complete consolidation of the fire departments on July 9, 2010, and the establishment of the Five Cities Fire Authority.
The Five Cities Fire Authority serves a 10 square mile area, which includes the communities of Arroyo Grande, Grover Beach, and Oceano, with a population of approximately 38,000. The area is served by three fire stations. The mission of the Five Cities Fire Authority is “to provide the highest level of service possible by mitigating threats to life, property, and the environment while meeting the growing needs of our communities.” After a special tax measure failed in the Oceano Community Services District (OCSD) in June 2022, the OCSD took action to withdraw from the Five Cities Fire Authority effective June 30, 2023. As a result, Grover Beach and Arroyo Grande requested an assessment of the financial impacts associated with the OCSD’s departure and the staffing and fire service options available in order to continue to provide fire prevention and suppression services to their respective communities be prepared by an independent third party.
Analysis of Fire Services
Project Approach Baker Tilly
4 Project Approach
In 2015, the fire chief performed a Strengths, Weakness, Opportunities, and Threats (SWOT) analysis of the FCFA. Later, in 2017, the FCFA Board hired a consultant to assist the Board with the development of a Five-Year Strategic Plan that assessed the agency’s staffing, equipment, personnel deployment, and resource needs. This previous work provided Baker Tilly with background information and context for this engagement.
Baker Tilly also obtained additional information through interviews and review of operations-related documents which informed the recommendations in this report.
Interviews
To inform our analysis, Baker Tilly conducted individual and group interviews with the following:
1. CALFIRE representatives
2. City Managers
3. City finance directors
4. FCFA command staff
5. FCFA firefighters’ union representatives which included captains, engineers and firefighters
6. Former FCFA Board Members
7. OCSD General Manager
8. San Luis Obispo County Fire Chief
9. San Luis Obispo County Local Agency Formation Commission (LAFCO) Executive Director
The purpose of the interviews was to obtain insight on:
• Strengths, weaknesses, and opportunities for improvement inside and outside the organization;
• Organization structure and staffing;
• Interagency collaboration and communication;
• Technology systems and staff development opportunities; • Financial management and reporting; and
• Assessment of best practices.
Analysis of Fire Services
Project Approach Baker Tilly
5 Interview Themes
The following major themes emerged from our interviews. • FCFA personnel take great pride in the service they provide and are passionate about enhancing service levels.
• The departure of OCSD is a concern from a fire service delivery and funding perspective.
• Board members, city management, fire command staff, and floor personnel are concerned about the availability of funding to properly finance operations and capital costs.
• According to floor personnel, they are overworked and stressed due to operational challenges and lack of resources.
• A low level of collaboration exists between FCFA personnel and the JPA member agencies which has caused frustration amongst floor personnel leading to a lack of harmony and mutual understanding in the workplace.
• Continued consolidation of fire resources from neighboring agencies makes the most sense rather than having standalone city fire departments.
Document Review
Baker Tilly reviewed a wide range of documents to help inform our analysis. The documents are listed below.
• Budgeting and financial-related information including CalPERS Actuarial Reports
• CALFIRE Emergency Command Center Contract
• CALFIRE Pismo Beach Contract
• Citygate Pismo Beach Analysis
• Calls for service data and associated call volume information • Emergency Command Center Three Year Data Run by Unit
• FCFA Joint Powers Agreements and associated amendments • La Verne Fire Department Community Risk
Assessment/Standards of Cover
• NFPA 1500 Firefighter Safety and Wellness
• NFPA 1710 Standard for Deployment
• NFPA 1730 Community Risk/Fire Prevention
• Public Protection Classification Summary Report by the Insurance Services Office
• Santa Maria Fire Department Community Risk
Assessment/Standards of Cover
• Special District Fire Projection Study
• Strategic planning and associated fire study documents • Various FCFA operations documents
Analysis of Fire Services
Service Level Analysis Baker Tilly
6 Service Level Analysis
Since 2010, the FCFA has provided fire prevention and suppression service to the cities of Arroyo Grande, Grover Beach, and the unincorporated area of Oceano. Their service area boundary covers almost 10 square miles. FCFA serves a population of over 38,000 and personnel respond from three separate fire stations.
The FCFA has a total of 26.5 full-time equivalent (FTE) budgeted positions. The FY 2022-23 annual budgeted revenues are $6.3 million with $6.9 million in appropriations resulting in budgeted deficit of $616,000.
The annual capital budget for the FCFA is slightly over $250,000. This represents an increase from prior years, which averaged about $100,000 per year over the last three years. The FCFA does not currently have an established asset replacement program for equipment and apparatus which makes it challenging to replace mission-critical assets when needed. In addition, there is no current long-term capital plan for fire station renovations or improvements.
Given their limited financial resources, the FCFA provides basic fire suppression service to the community and maintains a positive relationship with the public. There also exists a non-profit group called “Friends of the Five Cities Fire Authority” that is made up of community volunteers designed to help provide additional funding to the agency as well as support its goal of providing effective fire protection services to the residents of the central coast. The FCFA model enables the cities to provide fire protection services in a cost-effective manner. The department could be characterized as a home-grown department with many local employees. The majority of those in a supervisory capacity have been promoted through the ranks of the organization. Like many small fire agencies, the operational design and organization make the FCFA unique while also creating challenges for service delivery which are discussed later in this report.
Because of the topography and vast service boundaries of the FCFA, automatic and mutual aid resources have lengthy response times. As such, the FCFA does not currently meet the National Fire Protection Association (NFPA) standards for fire suppression, emergency medical Analysis of Fire Services
Service Level Analysis Baker Tilly
7 operations, and special operations as outlined in NFPA 1710 for public career fire organizations. Specifically, the daily unit staffing is not at the required level to meet this standard. NFPA requires four personnel on each unit with 17 personnel required for structure fires within 8 minutes of being dispatched. Rather than being at the required 17 personnel, the FCFA has only 11 personnel, thus requiring assistance from other outside fire agencies to properly attack a structure fire as illustrated in Table 1 below.
Table 1. First Alarm Residential Staff Assignments
Assignment Standard FCFA1
Incident Commander 1 22
Pump Operator 1 1
Fire Attack 2 2
Back-Up Crew (BUC) 1 2 2
Attack/BUC Support 2
Victim Search & Rescue 2
Ladders and Ventilation 2 2
Truck Operator 1
Rapid Intervention Crew (RIC) 4 22
Subtotal 17 11
1When Oceano is open, there exists 1 additional Fire Engineer 2Automatic Aid - One Battalion Chief, One Engine Company with staffing of two The NFPA 1710 requirement is based on operational studies conducted by the NFPA and the National Institute of Standards and Technology (NIST) on fireground and emergency medical services field experiments.
These experiments defined the number and types of tasks specific fire personnel are required to perform for successful outcomes during fire and emergency medical service (EMS) calls for service. They compare staffing of two, three, four, and five firefighters with varying arrival times of each apparatus. In addition, there is a Cal OSHA regulation in place requiring four personnel to be on scene and available for rescue before entering a hazardous environment. With the current FCFA configuration and staffing model this is not easily met, and the only permitted exception is entry to rescue a victim.
With regards to the current NFPA standard, Table 2 on the following page compares the NFPA standard with the current complement of FCFA.
Analysis of Fire Services
Service Level Analysis Baker Tilly
8 Table 2. Current FY 2022-23 Budgeted Staffing
Current
Station Companies
A/P/T1 Arroyo Grover 3rd 4th Total
Chief 1 1
Admin 1.5 1.5
Fire Marshal 0
Prevent Spec 0
EMS Coord 0
Batt Chief 2 2
Captain 3 3 3 9
Engineer 3 3 1 7
Firefighter 3 3 6
Total 4.5 9 9 4 26.5
1 A/P/T = Administration/Prevention/Training
Of the 26.5 full-time equivalent (FTE) positions, 22 FTEs are sworn positions that provide a three-company deployment with two threeperson companies (one assigned to each City) and one two-person company on "B" shift only that is assigned to the Oceano area. In addition, there are 2.5 FTE positions assigned to administration (including the fire chief), along with 2 battalion chiefs, as illustrated in Table 2.
While the FCFA has a three-company deployment, because of the current staffing pattern illustrated in Table 2 above, the FCFA unit assigned to Oceano is out of service approximately 66% of the time. Taking this unit out of service puts a greater demand on the two remaining units. The logical result is an increase in simultaneous calls and dependance on automatic and mutual aid.
The constant staffing provision in the current memorandum of understanding (MOU) is two positions short of staffing all three units every day. The delivery of safe and efficient fire suppression and emergency service is based on the time and weight of responding resources, leading to effective mitigation. The varying and low level of staffing puts firefighters and the public at greater risk of injury and contributes to a low level of incident control and desired outcomes. If funding was not an issue, the ideal staffing would be for all front-line engines and trucks to be staffed by four full-time sworn personnel. And while this staffing model has proven to be the safest and most effective way to mitigate emergencies, many agencies are unable to provide this level of service. In fact, agencies of similar size and call volumes to FCFA commonly use a staffing pattern of three per unit as illustrated in Table 3.
Analysis of Fire Services
Service Level Analysis Baker Tilly
9 Table 3. Comparison of FCFA Service Area and Staffing Model to Nearby Agencies Agency Population
Area (Square
Miles)
Fire
Stations
2022 calls
for Service Staffing Model
FCFA w/ OCSD (Plan A-4)1 38,154 9.65 3 4,154 Two three-person companies and one two-person squad
FCFA w/o OCSD (Plan A-5) 31,000 8.15 2 3,326 Two three-person companies2
Pismo Beach 8,000 13.5 2 2,487 Two two-person companies Atascadero 30,500 26.13 2 3,453 Two three-person companies Lompoc 43,800 11.67 2 4,201 Two three-person companies
and one two-person squad
Paso Robles 31,759 19.65 23 4,748 Two three-person companies and a two-person squad
1 The FCFA calls for service are from 2021; calls for 2022 have not yet been received. 2 Calls for service do not reflect mutual aid as data was not provided by jurisdiction. 3 Fire Station 3 is currently under construction with an estimated completion date of summer 2023. The fire station at the airport is not staffed.
The management complement in the FCFA consists of two battalion chiefs and a fire chief. Currently, the work schedules for the two battalion chiefs do not align with the three shift schedules of suppression personnel resulting in communication challenges. Furthermore, program management and oversight responsibilities are currently being delegated to floor personnel. While this is not uncommon in smaller fire agencies that have limited management resources, it is an inefficient practice and leads to communication and operational issues.
Recommendation 1. Add an additional battalion chief to
the full-time complement of management personnel and
assign each battalion chief to a shift schedule.
There is an immediate need for an additional battalion chief to balance program oversight and operational responsibilities. This was cited in the 2017 Strategic Plan and has yet to be addressed. Once an additional battalion chief is hired, all battalion chiefs should then convert to the 56- hour shift schedule to provide better operational safety through consistent and timely command and control on emergency scenes.
During our engagement, Baker Tilly also noted that most administrative and operational programs necessary to run the department have been subordinated to captains with a battalion chief being the liaison for management and oversight. While the captains may be capable of managing these tasks, the additional responsibilities and required time commitment limit their ability to effectively complete their Analysis of Fire Services
Service Level Analysis Baker Tilly
10 responsibilities and address issues related to their respective crews resulting in miscommunication and uncertainty. The addition of a battalion chief will position the command staff to lead the organization by setting goals, assist with policy development, identifying needs, developing plans, monitoring performance, and creating systems of accountability.
Future Staffing Priorities
As the organization continues to grow and the service population increases, a training officer/emergency medical services (EMS) coordinator, a full-time fire inspector, and an additional fire unit may be necessary to assure administrative compliance, unit coverage, and response capabilities. However, we do not foresee this type of increased staffing being needed in the near future based on the average annual growth in calls for the two cities. As illustrated in Table 4, the average annual growth in calls in the cities from 2012 to 2021 is 3.6%.
Table 4. Annual Calls for Service1
Year
Arroyo
Grande
Grover
Beach
Cities
Total
Annual
Change OCSD
Grand
Total
Annual
Change
2012 1,521 903 2,424 18.10% 513 2,937
2013 1,537 882 2,419 -0.20% 515 2.934 -0.10%
2014 1,562 908 2,470 2.10% 573 3,043 3.72%
2015 1,724 1,084 2,808 13.70% 528 3.336 9.63%
2016 1,824 1,152 2,976 6.00% 521 3.497 4.83%
2017 1,987 1,198 3,185 7.00% 583 3,768 7.75%
2018 1,856 1,098 2,954 -7.30% 566 3,520 4.58%
2019 1,814 1.049 2,863 -3.10% 570 3.433 -2.47%
2020 1,964 1,077 3041 6.20% 712 3.753 9.32%
2021 2,125 1,201 3326 9.40% 631 3,957 5.44%
CAGR2 3.79% 3.22% 3.58% 2.33% 3.37%
1 These numbers do not include automatic or mutual aid since we were only provided that information for partial years. 2 Compound annual growth rate.
Table 4 reflects the annual calls for service over the last ten years. Since Baker Tilly only received automatic or mutual aid data for the last three years and not the entire ten-year period, we did not include any automatic or mutual aid data in the above table as that would have skewed the annual compounded growth rate analysis. However, it should be noted that the average automatic or mutual aid calls during the last three-year period were not significant – reflecting less than five percent of total call volume.
Analysis of Fire Services
Service Level Analysis Baker Tilly
11 It was difficult for Baker Tilly to analyze call utilization and track productive and non-productive work hours, as neither the FCFA nor the City of Arroyo Grande’s Accounting Services Division track working hours by category. Accordingly, a recognized best practice in fire service is a staffing program that documents and displays daily staffing hours and locations. Such a program tracks and audits all hours charged to the individual employees and can be set up by specific categories for the type of work performed or leave taken. This allows the administrative staff to track all hours charged to daily staffing and specific events or programs in the FCFA budget, providing for immediate oversight and recognition of abnormal or unexpected hours used or accrued. The accounting of all hours by category can also provide for a more accurate budget forecast.
Recommendation 2. Acquire a staffing program to
manage and track all working and nonworking hours for
all FCFA personnel.
Another best practice is to know unit hour availability. Currently, the FCFA does not utilize a program to track activities and hours daily for each unit. Reliable data and statistics are necessary to evaluate the true time spent on calls for fire personnel to determine unit hour utilization.
While these numbers are available from the CALFIRE Emergency Command Center, they could be more easily accessed in a daily unit history program. Daily workload including fire prevention, training, station and apparatus maintenance, and public education are also tracked in these types of programs and is then demonstrated in a unit hour availability summary in addition to the unit hour utilization.
Recommendation 3. Improve the ability to track
company activity by developing or purchasing a program
capable of tracking all unit and personnel activity,
including apparatus and equipment.
The 2017 Strategic Plan recommended conducting an
operational/financial analysis of the FCFA as well as a Standards of Cover. This will assist in determining whether current service levels adequately address the service demand. In addition, a Community Risk Assessment is also warranted.
Recommendation 4. Conduct a Standards of Cover and
Community Risk Assessment to determine the
appropriate level of service to provide the community.
The Standards of Cover would be created using data provided by FCFA and others used to determine the current levels of response performance as quantified statistics. From this analysis, factors will be identified that Analysis of Fire Services
Service Level Analysis Baker Tilly
12 would influence response performance and opportunities for delivery system improvement. The Standards of Cover would identify response time objectives, standards for measuring the effectiveness of department resources, and the deployment of those resources. A Standards of Cover is a best practice, and the report should be consistent with the format recommended by the Center for Public Safety Excellence, Community Risk Assessment: Standards of Cover, 6th Edition.
A Community Risk Assessment is based on numerous factors, including socioeconomic status, household composition, minority status and language, population and density, housing types, local land use and development, and the geography and natural hazards present throughout the community. These factors affect the number and type of resources, both personnel and apparatus, necessary to control or mitigate an emergency. A community risk assessment provides relevant information to the FCFA with recommendations of how to prepare their community to respond to emergency events and develop community resilience.
Both a Standards of Cover and Community Risk Assessment are essential for determining the appropriate staffing and deployment needs of the agency and should be performed by an outside independent third-party consultant. For planning purposes, we have added $50,000 to the FY 2023-24 FCFA budget forecast as an estimate for the cost of such a study.
Clerical and Administrative Support Staff
In the FY 2022-23 budget, there are 1.5 positions identified as administrative. As the organization continues to grow and the fire prevention program creates a more robust fee service program, there will eventually be a need to increase the current complement of staff to two full-time positions. It should be noted that in the fire chief’s proposed staffing plans, he recommends increasing the one part-time clerical staff to full-time in FY 2024-25. For planning and staff projection purposes, we have included the fire chief’s recommendation in our alternative staffing models later in this report.
Analysis of Fire Services
Service Level Analysis Baker Tilly
13 Fire Prevention and Community Risk Reduction
Currently, member agencies use their building official or contract building official for new construction plan review, permit requests, and field inspections. These building officials are identified as fire marshals.
Baker Tilly believes the position of a state-certified fire marshal as a position within the FCFA is necessary to conduct state-mandated fire inspections, as well as high-hazard occupancy inspections. These are technical inspections that take several hours each and require specialized training and education to interpret and enforce the appropriate Uniform Fire Code sections.
The FCFA is responsible for approximately 1,900 annual fire prevention inspections: 200 multi-unit and hotel inspections, 50 new business inspections, 1,500 annual business inspections, and roughly 30 plan check inspections. The FCFA is also responsible for over 165 state-mandated inspections such as schools, hospitals, care facilities, high-rise, and highhazard occupancies that require specialized permits. Currently, over 70% of business inspections are not being conducted. Consequently, fire prevention is not currently being supported at an acceptable level which creates a risk and liability concern.
There is a justifiable need for two positions responsible for fire prevention activities. The annual small business inspection load is approximately 1,500, which would normally be assigned to the field units. However, due to the low level of field staffing and unit availability, these inspections have not been done. In communities that have low field staffing levels, fire prevention is as equally important as fire suppression. One of the most effective ways to reduce fire calls is to have a strong prevention presence in the community. The result is a greater understanding of the community’s hazards/risks and mitigating contributory factors before they become a call for service. For these reasons, a full-time fire marshal position and a part-time inspector are warranted. However, due to the FCFA’s limited financial resources, contracting for these services would be more economical.
Recommendation 5. Contract for fire marshal and fire
inspection services.
Baker Tilly also recommends completion of NFPA 1730 Standard on Organization and Deployment of Fire Prevention Inspection and Code Enforcement, Plan Review, Investigation, and Public Education Operations. This document provides a structured process to guide a fire prevention professional to work through a prevention-based community Analysis of Fire Services
Service Level Analysis Baker Tilly
14 risk assessment. Once the NFPA 1730 Standard is completed and/or the standards of cover or community risk assessment has been performed, a more thorough understanding of prevention staffing needs would be identified and would serve as the basis to guide future fire prevention needs.
Departmental Training
A battalion chief manages fire related training. Each employee is responsible for entering their training hours into an automated program as they complete the hours. The battalion chief has audit and oversight responsibilities to assure compliance standards. FCFA currently meets mandatory hourly requirements for the county and state.
FCFA contracts with a nurse educator to manage the requirements of the Local Emergency Medical Services Area (LEMSA) quality assurance review process and reporting while providing the required continuing education to remain an EMS provider. This arrangement addresses the requirements, but there is an ongoing commitment for staff oversight, control, and scheduling of this program.
Providing training on all shifts and dealing with the logistical issues such as identifying and obtaining permission to use various sites for training are challenging. Currently, OCSD provides a site for the ventilation prop and coordinates fire hydrant use for water flow evolutions. These are two of the most crucial functions that require reoccurring training. They are high risk/low frequency manipulative evolutions. Pumping water through hose lines and master stream appliances along with ventilation of a roof structure are critical to the mission of saving lives and property within the first few minutes of a fire. When OCSD is no longer a partner, the nearest option for this type of training is in Lompoc. Logistically, this is impractical due to driving time and a lack of coverage units for the FCFA. With limited options for local training sites there is little opportunity for live fire training. In most organizations these evolutions are conducted with a staff of evaluators on a routine basis. Staffing a reserve unit with overtime personnel or asking for a cover unit from CALFIRE would be the only option to meet the time commitment necessary for this type of training. We commend the FCFA for being highly active in the San Luis Obispo Training Officers group as well as having representatives on many special operations teams and oversight working groups within the County fire system. However, we noted that there is less than $15,000 budgeted annually for agency training, which is low, even for a smaller agency.
Recommendation 6. Increase the amount budgeted
annually for departmental training.
Analysis of Fire Services
Service Level Analysis Baker Tilly
15 Additional funding for securing training sites and staffing is necessary in order to properly provide the necessary training staff, especially suppression personnel, need.
During our interviews with FCFA union representatives, they voiced their concern that leadership development and succession planningrelated training was not afforded to floor personnel.
There are skill-set requirements for each position in the suppression ranks, but there is frustration in the lack of funding for the necessary technical training required of floor personnel that is not provided by FCFA. Their MOU allows for educational and training reimbursement only if funding is available, and there is not enough budgeted to address this demand. This has resulted in a financial cost for anyone taking a promotional exam that requires additional certifications. Additionally, there does not appear to be any leadership programs offered to floor personnel to encourage and develop the future leaders of the organization.
Recommendation 7. Develop a comprehensive training
program to address succession planning, and increase the budget for tuition reimbursement, thereby allowing
employees to complete the necessary certifications and
education required to advance through the ranks.
Management positions in FCFA should also be included in any leadership and management training opportunities offered by partner agencies to their managers and department heads.
Building and Facilities
During our onsite visit to the FCFA facilities, it was noted that the Oceano station is not in alignment with modern fire service standards or response criteria. The temporary housing unit is currently too far away from where the apparatus room is located, resulting in delayed response times during emergency calls, i.e., increased turnout times (time from dispatch to leaving the station). Turnout times should be no more than 60 seconds for emergency medical calls and 80 seconds for fire calls.
Recommendation 8. Move the OCSD station housing
closer to the apparatus room.
The OCSD station’s administrative office is also in the same physical location as the fire apparatus and equipment. This is an unsafe and unhealthy working condition, as employee workstations should not be in close proximity or exposed to diesel exhaust and byproducts, or carcinogens.
Analysis of Fire Services
Service Level Analysis Baker Tilly
16 Recommendation 9. Install a sealed door and/or wall to separate the office and living quarters from the
apparatus room and turnout storage areas.
Currently, there are no female firefighters in the FCFA which is not unusual for a smaller agency. Modern station design creates privacy and personal space for each member on duty.
Recommendation 10. Assess the living quarters to
determine if creating separate quarters for female
firefighters is feasible.
Evaluating and planning for modification to existing facilities to create separate living quarters for female firefighters would demonstrate the commitment of the organization to creating a supportive and inclusive work environment and would enhance recruitment of candidates.
During our visits to each station, we learned that the Motorola radio system platform upgrade has been budgeted and will be addressed soon.
However, we also discovered that the existing station alerting system needs repair at station 1 and upgrading is needed at stations 1 and 2 to allow for multi-unit dispatch. The phone system is an analog system and fails during significant rain occurrences. A voice over internet protocol (VoIP) system allows for greater clarity and dependability than the analog system. Increased functionality enhances efficiency by allowing call forwarding, routing, recording, online meetings, app integration, and can reduce ongoing costs as opposed to traditional infrastructure and hardware.
Recommendation 11. Allocate appropriate funding to
repair and/or upgrade the station alerting systems and
the existing phone system.
Vehicles and Equipment
Currently, there is no option for local routine maintenance of agency apparatus or vehicles. FCFA personnel must schedule all repairs and maintenance with a vendor in Paso Robles. This creates both a financial and operational burden on the agency. A firefighter must drive the apparatus, along with personnel following in a different vehicle, in order to transport the firefighter back to the station. Depending on traffic this could take up to two hours of overtime for each or require taking a unit out of service. While major repairs must be done at the vendor’s, regular maintenance and minor repairs could be done by either a qualified local vendor or by the City of Grover Beach’s mechanic. We learned that the fire chief is researching a mobile mechanic for the routine maintenance service. A mobile maintenance service is a more effective way to address Analysis of Fire Services
Service Level Analysis Baker Tilly
17 routine maintenance and minor repairs of fire vehicles rather than driving them out of the area.
Recommendation 12. Request proposals from local
vendors, as well as the City of Grover Beach, to perform minor repairs and regular maintenance on agency vehicles.
FCFA staff should compare any maintenance service proposals with the cost for the City of Grover Beach to perform similar maintenance services.
Since the City of Grover Beach is a participating member of the FCFA, collaborating on vehicle repairs could be a viable alternative. However, should it be decided to have the City of Grover Beach assist in minor repairs, it is recommended that the mechanic obtain their California State Fire Training Emergency Vehicle Technician 1 (EVT) certification. Any collaboration between agency partners and the FCFA could assist in increasing the organization’s efficiency and effectiveness.
During our engagement, concern regarding the lack of interagency collaboration was expressed, leading to a lack of harmony and mutual understanding in the workplace. Opportunities exist to open the lines of communication between partner agencies and Baker Tilly recommends steps in this direction.
Recommendation 13. Strengthen interagency
relationships and collaboration between FCFA personnel
and member agencies.
The 2017 Strategic Plan discussed the need for a vehicle replacement program; however, the agency still does not have one. The fire chief is to be commended for using Office of Emergency Service (OES) funding and other creative measures to fund vehicle repairs and obtain replacement vehicles when possible. However, an established vehicle replacement program and the funding of it is still needed.
Recommendation 14. Develop an equipment replacement
fund for all mission critical equipment and apparatus.
We reviewed the agency’s written operational policies and procedures and concluded additional work in this area is needed. This topic was also addressed in the 2017 Strategic Plan. Currently, the FCFA staff are in the process of transferring the existing documents to Lexipol, an electronic records system. While some progress has been made, there are only about 30 established policies and procedures in place, and according to floor personnel, some are either not current or are in direct conflict with one another.
Analysis of Fire Services
Service Level Analysis Baker Tilly
18 Recommendation 15. Develop a comprehensive policy
and procedures manual, building upon efforts currently
underway.
Analysis of Fire Services
Fire Chief’s Recommended Staffing Plans Baker Tilly
19 Fire Chief’s Recommended Staffing Plans
At the onset of this engagement, the fire chief provided Baker Tilly with two proposed staffing models that he would like to implement over the next several years. For the purposes of illustration, we refer to these plans as Plan A and Plan B.
Plan A – Incremental staffing increase with a 4th Company in FY 2029 The fire chief’s Plan A adds a total of 22.5 FTE new positions over the next six years and a 4th engine company in FY 2029 as illustrated in Table 5 below.
Table 5. Plan A – Incremental staffing increase with 4th Company in FY 2029 PLAN A
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY24 FY25 FY26 FY29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal 1 1 1 1
Prevent Spec 1 1 1 1
EMS Coordinator 1 1 1 1
Batt Chief 3 3 1 1
Captain 1 3 3 3 3 13 1 3 4
Engineer 3 3 3 3 12 2 3 5
Firefighter 3 3 3 6 15 3 6 9
Total 10 9 9 9 12 49 6 2.5 2 12 22.25
We have reviewed and researched the FCFA 2017 Strategic Plan and other supporting documents. As the organization continues to grow and the community expands, a training officer/emergency medical services coordinator, a full-time fire inspector, and a fourth company may be necessary to assure administrative compliance, unit coverage, and response capabilities. However, as was cited in the 2017 Strategic Plan, Community Risk Assessment/Standards of Cover (CRA/SOC) study would need to be conducted to identify the type of resource, fire station location, and staffing levels to suit the communities’ needs.
Plan B – An immediate staff increase of 12 and adding a 4th Company in FY 2027
Plan B is a more aggressive staffing plan that adds a total of 24.5 FTE positions over the next four years and a 4th engine company in FY 2027 Analysis of Fire Services
Fire Chief’s Recommended Staffing Plans Baker Tilly
20 as illustrated in Table 6 below. While the fire chief’s plan also called for an additional company in FY 2032, these proposed staffing increases are beyond the scope of our forecast period and are therefore not included in Table 6 or in cost estimates.
Table 6. Plan B – Immediate staff increase of 12 with 4th Company in FY 2027 PLAN B
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 27 Total
Chief 0
Deputy Chief 1 1 1 1
Admin 2 2 0.5 0.5
Fire Marshal 1 1 1 1
Prevent Spec 2 2 2 2
EMS Coordinator 1 1 1 1
Battalion Chief 3 3 1 1
Captain 3 3 3 3 13 4 4
Engineer 3 3 3 3 12 2 3 5
Firefighter 4 4 4 3 15 6 3 9
Total 10 10 10 10 9 51 12.5 12 24.5
As indicated above, Baker Tilly recommends completing a CRA/SOC before considering either of these plans, Plan A or Plan B. And while our assessment did not allow us the ability to analyze unit hour utilization, consecutive call patterns, and overall community risk assessment, a standards of cover report would allow for this assessment. However, based on the information we have reviewed, including current run loads and type of calls, it is our position that a fourth company is not currently warranted at this time.
Costs associated with these two plans are substantial, as illustrated in Table 7 below. In fact, operating costs would double in about five years under Plan A with costs doubling in four years under Plan B.
Table 7. Total Cost
FY 22
Actual
FY 23
Budget
FY 24
Estimate
FY 25
Estimate
FY 26
Estimate
FY 27
Estimate
FY 28
Estimate
FY 29
Estimate
Plan A $6,771 $7,214 $9,119 $10,120 $11,700 $11,805 $12,415 $15,512 Plan B $6,771 $7,214 $10,203 $10,874 $11,905 $14,729 $15,051 $15,592 Analysis of Fire Services
Fiscal Analysis Baker Tilly
21 Fiscal Analysis
Both cities of Arroyo Grande and Grover Beach will face significant increases in fire contributions to the FCFA, even if fire staffing remains at its current level, for three reasons:
• Contributions have remained fixed for four years while FCFA expenditures have continued to rise. This is unsustainable. The only reason that FCFA is not already in deficit is that actual expenditures have come in around $310,000 under budget per year over the past three years;
• OCSD intends to withdraw from FCFA and that will reduce FCFA revenues by $1,138,000, with the potential of no corresponding reduction in FCFA expenditures to serve the two remaining members; and
• FCFA expenditures will rise further due to the need to increase salaries to a level that allows for the recruitment and retention of personnel as well as CalPERS investment losses that will continue to increase pension contributions.
As part of this engagement, Baker Tilly has prepared a user-friendly and multi-faceted fiscal model for FCFA and the two cities, which can be used to run numerous scenarios showing the impact on all three agencies given various outcomes regarding the following key variables:
• OCSD: Their intention is to leave the FCFA effective July 1, 2023.
On January 11, 2023, the OCSD Board approved the initiation of the divestiture process with the San Luis Obispo Local Agency Formation Commission (LAFCO). The OCSD’s divestiture
application was received by LAFCO on February 6, 2023.
Divestiture is a discretionary action on the part of LAFCO. Part of that process will likely involve commissioning a study of OCSD’s options. This study, together with the LAFCO decision-making process, may take 6-12 months. If the decision is for another agency to take on the responsibility of providing fire service to the Oceano area, that transition may take another 12 to 18 months.
Therefore, OCSD may be dependent upon FCFA for fire service for another year or two. The OCSD contribution of $1,138,000 is approximately equal to their current property tax revenue. Their property tax revenue is what they would give up should the County take over responsibility for providing fire service.
Therefore, FCFA could likely expect to receive at least an amount Analysis of Fire Services
Fiscal Analysis Baker Tilly
22 comparable to OCSD’s property tax revenue for each additional year OCSD remains either a member of FCFA or contracts back fire service, if not more. The forecast currently assumes OCSD is no longer a member effective July 1, 2023, but the first step is determining whether OCSD remains or contracts back services with FCFA, and when.
• Staffing: The FCFA fire chief has proposed two options for increases in station staffing, administration, fire prevention, and training, based on OCSD remaining in FCFA. Since staffing is the main cost driver, it will be a major determinant of the future level of city contributions. Thus, the FCFA Board must determine the appropriate level of staffing, with or without OCSD, given the current trend in call volume. Baker Tilly has examined several alternative staffing packages, and the fiscal model can select any one of these options (the fire chief’s two plans and Baker Tilly’s five plans) and show the resulting cost impact over time. The current forecast assumes the lowest staffing cost option (Baker Tilly plan A-5, which assumes the FCFA not providing any first responder fire service to the Oceano community, reducing staffing to two 3-person companies, adding a battalion chief, and contracting for fire marshal and fire inspector services). • Salaries: FCFA staff appear to be below the average level of salaries for comparable agencies within the central coast region.
Inflation has been high for two years, but while long-term estimates assume the CPI will fall back to the 2 to 3% range, this recent inflationary rise adds pressure to increase wage levels.
Salaries are a meet and confer item, but it seems reasonable to assume annual increases in excess of the Federal Reserve’s inflation goal of 2%. The fiscal model can select wage growth amounts by year, and the forecast is based on salary and benefits as recommended by the City of Arroyo Grande’s director of administrative services who serves as the FCFA finance director.
This increase includes COLAs, merit/step increases, and savings from employee turnover.
• Reserves: An appropriate reserve level must be identified and maintained for FCFA. While contribution levels are a known quantity, the major risk is that higher costs may be incurred that are not reimbursed by the state for wildfire strike team related overtime. The fiscal model assumes that contributions are set to maintain a 10% reserve for FCFA over time.
• Grants: The potential exists for SAFER grants to be received from the federal government to offset the cost of eligible new staffing increases. SAFER grants are competitive, and thus their receipt is Analysis of Fire Services
Fiscal Analysis Baker Tilly
23 not guaranteed. They also offset costs for only three years and after that FCFA must maintain that higher staffing level and absorb the resulting cost. Thus, these grants are short term, and not an ongoing benefit. However, if qualifying staff increases are going to be approved, even the short-term benefit would help offset the rise in contribution levels that would otherwise be required to be financed by the FCFA. The fiscal model can show the impact of SAFER grants based on proposed staffing increases, but the current forecast assumes no receipt of such grants. • Cost Allocation: Costs are currently allocated between member agencies based one-third on population, one-third calls for service and one-third on station staffing levels. There are also direct allocations regarding HazMat and debt service costs. The fiscal model assumes these allocation factors are updated for recent population and service calls, and to omit the OCSD.
Consequently, the resulting allocation is between only the two cities, and would result in a small percentage shift from Grover Beach to Arroyo Grande, as shown in Table 8 below.
Table 8. Percentage Allocation of Contributions Between Member Agencies Cost Allocation
Share
Current
w/OCSD
Revised
w/OCSD
Current
w/o OCSD
Revised
w/o OSCD
Arroyo Grande 45.01% 44.99% 56.16% 57.65%
Grover Beach 35.14% 32.23% 43.84% 42.35%
Oceano CSD 19.85% 22.68% 0.00% 0.00%
Total 100.00% 100.00% 100.00% 100.00%
• OCSD Obligations: The third amendment to the current FCFA agreement provides for the possible departure of OCSD and a negotiation that would define a contribution by OCSD for unfunded liability, equipment, and debt service contributions upon leaving FCFA. These amounts are unknown at this time and thus excluded from the forecast and, while unlikely to make a major difference in the ongoing level of contribution by the two cities, this financial obligation may result in an increase in reserves.
Given these assumptions, FCFA costs will continue to rise, and the loss of OCSD reduces revenues by $1,138,000. Figure 1 shows the resulting impact of current staffing with no change in city contribution levels (solid red line) compared to costs (see bars, split between staffing and all other costs). Even when other revenues such as state reimbursements for strike Analysis of Fire Services
Fiscal Analysis Baker Tilly
24 team overtime are added in (dotted red line), total revenues are expected to fall below the anticipated expenditures in FY 2022-23 and well below those in the next two fiscal years.
Figure 1. FCFA Expense versus Revenue Assuming no OCSD, Current Staffing Levels, and Continued Flat City Contributions
Clearly, continuing the flat contributions by the two cities is not sustainable. Absent new FCFA funding, the contributions from member agencies will have to increase to fill the gap. The impact on the two cities can be determined by the factors entered in the FCFA fiscal model. There are many potential scenarios to consider using the forecast assumptions noted above, but the two most important are what happens with OCSD, and what level of staffing is proposed for FCFA. The two issues are interwoven in that if OCSD is to be serviced, there will have to be a higher staffing level. However, at the two recent council meetings by the two cities on the issue of fire services, it was also proposed that staffing be increased even if OCSD is not being serviced.
Accordingly, we have prepared three scenarios involving OCSD, and under each scenario we show the impact of a high, medium, and low level of staffing. These plans do not include the fourth engine company, training captain, EMS coordinator, and deputy chief that are contained in the Fire Chief’s Plans A and B. However, they do include an additional battalion chief, as well as fire prevention services and clerical support.
The potential levels of staffing included in these three scenarios are shown in the following four tables.
Analysis of Fire Services
Fiscal Analysis Baker Tilly
25 Plan A-2 provides three 3-person companies, an additional battalion chief, contractual costs associated with fire marshal/fire inspector services, and an additional 0.5 FTE clerical position. A-2 staffing is shown in Table 9.
Table 9. Plan A-2 Staffing Configuration and Additions by Year PLAN A-2
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 3 9 3 3
Total 6 9 9 9 0 33 6 0.5 0 0 6.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000) Plan A-3 provides two 3-person companies and one 2-person company, an additional battalion chief, a fire marshal, a half-time fire inspector, and an additional 0.5 FTE clerical position. A-3 staffing is shown in Table 10.
Table 10. Plan A-3 Staffing Configuration and Additions by Year PLAN A-3
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal 1 1 1 1
Inspector - PT 0.5 0.5 0.5 0.5
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 6 0
Total 7.5 9 9 6 0 31.5 3 1 1 0 5
Analysis of Fire Services
Fiscal Analysis Baker Tilly
26 Plan A-4 provides two 3-person companies and one 2-person company, an additional battalion chief, and fire marshal/fire inspector services pursuant to a contract and an additional 0.5 FTE clerical position. And while the FCFA has chosen to run a similar two-person staffing model for the OCSD area, it should be noted that staffing an engine with two personnel might not be considered a best practice in an urban fire organization. A-4 staffing is shown in Table 11.
Table 11. Plan A-4 Staffing Configuration and Additions by Year PLAN A-4
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 3 9 0
Engineer 3 3 3 9 2 2
Firefighter 3 3 6 0
Total 6 9 9 6 0 30 3 0.5 0 0 3.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000) Plan A-5 provides the lowest level of staffing: two 3-person companies, an additional battalion chief, fire marshal/fire inspector services pursuant to a contract and an additional 0.5 FTE clerical position. This staffing model would only be an option if just the two cities were being served and not providing first responders fire service in the Oceano area. In addition, it should be noted that this staffing model results in the elimination of 2.5 FTE positions. A-5 staffing is shown in Table 12.
Analysis of Fire Services
Fiscal Analysis Baker Tilly
27 Table 12. Plan A-5 Staffing Configuration and Additions by Year PLAN A-5
Station Companies Staffing Additions
A/P/T
Arroyo
Grande
Grover
Beach 3rd 4th Total FY 24 FY 25 FY 26 FY 29 Total
Chief 1 1 0
Admin 2 2 0.5 0.5
Fire Marshal C 0 0
Inspector - PT C 0 0
EMS Coordinator 0 0
Battalion Chief 3 3 1 1
Captain 3 3 9 -3 -3
Engineer 3 3 9 -1 -1
Firefighter 3 3 6 0
Total 6 9 9 0 0 24 -3 0.5 0 0 -2.5
C = Fire Marshal and Inspector functions provided by contract service (assumes $100,000) The OCSD scenarios depend upon the outcome of the LAFCO process as well as whether San Luis Obispo County might provide a long-term fire service solution for the Oceano area. In addition, providing fire service to the Oceano area would be in excess of the OCSD’s property tax revenue, so the question is whether the County would be willing to augment the funding FCFA receives on behalf of OCSD in an amount beyond the property tax revenue of the OCSD.
Scenario 1. OCSD stays under contract with FCFA for up to another year, then leaves.
This is a likely outcome given the 6 to 12 months a LAFCO decision is expected to take. The payment to FCFA would be the amount OCSD receives in property tax. No OCSD revenue would be received in FY 2024-25 and thereafter. The three preferred staffing levels proposed for this scenario are as follows:
• Low Cost: Plan A-4 (two 3-person companies and one 2-person company, contract prevention staff) shown in Table 13
• Medium Cost: Plan A-3 (two 3-person companies and one 2- person company, in-house prevention staff) shown in Table 14 • High Cost: Plan A-2 (three 3-person companies, contract prevention staff) shown in Table 15
Analysis of Fire Services
Fiscal Analysis Baker Tilly
28 Table 13. Low-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-4 ($ in 000) Note that in this and subsequent forecast tables, Other Revenue for FY23 includes a one-time $887,401 transfer from the City of Arroyo Grande to reimburse prior year pension unfunded accrued liability (UAL) costs which should have been paid by the city. Other revenue also includes inspection fees (expected to increase in FY24 due to more inspections being conducted), fire prevention program revenues, and strike team reimbursements. (NOTE – this financial information and associated tables have been updated since the City Council presentations in late February.) Table 14. Medium-Cost Option: FCFA forecast with OCSD scenario 1/staffing Plan A-3 ($ in 000) Analysis of Fire Services
Fiscal Analysis Baker Tilly
29 Table 15. High-Cost Option: FCFA forecast under OCSD scenario 1/staffing Plan A-2 ($ in 000) Scenario 2. OCSD stays under contract with FCFA for an indefinite term with OCSD’s funding capped at their total property tax revenue amount.
This could be the outcome if LAFCO and the County decline to assign a new fire service provider for OCSD. The payment to FCFA would be limited to the amount OCSD receives in property tax, which is less than the proportion that would be assigned if OCSD remained a member of FCFA, and it is assumed that no additional funding is provided by the County. The three preferred staffing levels proposed for this scenario are as follows:
• Low Cost: Plan A-4 (two 3-person companies and one 2-person company, contract prevention staff) shown in Table 16
• Medium Cost: Plan A-3 (two 3-person companies and one 2- person company, in house prevention staff) shown in Table 17 • High Cost: Plan A-2 (three 3-person companies, contract prevention staff) shown in Table 18
However, should the FCFA provide first responder fire services to the Oceano area for an indefinite period, Baker Tilly recommends Plan A-2 as the ideal staffing deployment.
Analysis of Fire Services
Fiscal Analysis Baker Tilly
30 Table 16. Low-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-4 ($ in 000) Table 17. Medium-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-3 ($ in 000) Analysis of Fire Services
Fiscal Analysis Baker Tilly
31 Table 18. High-Cost Option: FCFA forecast under OCSD scenario 2/staffing Plan A-2 ($ in 000) Scenario 3. OCSD stays under contract with FCFA for an indefinite term with appropriate county financial support.
This could be the outcome if LAFCO and the County decline to assign a new fire service provider for OCSD, and the County agrees to supplement the payment to the FCFA so that an amount equal to the proportional allocation to the two cities is paid. The three preferred staffing levels proposed for this scenario are as follows:
• Low Cost: Plan A-4 (two 3-person companies and one 2-person company, and contract fire prevention) shown in Table 19 • Medium Cost: Plan A-3 (two 3-person companies and one 2- person company, in house prevention staff) shown in Table 20 • High Cost: Plan A-2 (three 3-person companies, contract prevention staff) shown in Table 21
However, as with Scenario 2, should the FCFA provide first responder fire services to the Oceano area for an indefinite period, Baker Tilly recommends Plan A-2 as the ideal staffing deployment.
Analysis of Fire Services
Fiscal Analysis Baker Tilly
32 Table 19. Low-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-4 ($ in 000) Table 20. Medium-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-3 ($ in 000) Analysis of Fire Services
Fiscal Analysis Baker Tilly
33 Table 21. High-Cost Option: FCFA forecast under OCSD scenario 3/staffing Plan A-2 ($ in 000) For the purpose of comparison, we examined the trend in fire costs of nearby cities to those of FCFA. Figure 2 compares projected FCFA costs under staffing plans A-4 and A-5, and its current level of staffing, to the projected costs for Paso Robles, Lompoc, Atascadero, and Pismo Beach.
Note that Pismo Beach only has 2-person companies, and under its special “Amador Plan” contract with CALFIRE, one of its fire companies is considered a “state asset” that responds to wildfires as needed, resulting in Pismo Beach paying less as a result. We have been informed that any future CALFIRE contract arrangement will no longer include the Amador Plan provision resulting in higher contractual costs.
Analysis of Fire Services
Fiscal Analysis Baker Tilly
34 Figure 2. Projected Costs for FCFA and Nearby Cities ($ in 000) For budget planning purposes, Table 22 shows the FY 2023-24 impact on the two cities depending on the OCSD scenario and the corresponding preferred FCFA staffing plan. Scenarios 1 and 2 have the same effect in FY 2023-24, but Scenario 2 results in a lower burden on the cities in future years.
Table 22. FY 2024 Contribution by Cities and Increase Over FY 2023 ($ in 000) Plan
FY 2024 Contribution Increase from FY 2023 Table
Number Arroyo Grande Grover Beach Arroyo Grande Grover Beach OCSD stays for a limited period of time - up to 12 months (Scenario 1):
Plan A-4 $3,796 $2,812 $1,215 $797 13
Plan A-3 $3,733 $2,766 $1,152 $751 14
Plan A-2 $4,098 $3,034 $1,517 $1,019 15
OCSD stays for an indefinite period with a capped financial contribution (Scenario 2):
Plan A-4 $3,796 $2,812 $1,215 $797 16
Plan A-3 $3,733 $2,766 $1,152 $751 17
Plan A-2 $4,098 $3,034 $1,517 $1,019 18
OCSD stays with financial contribution from the County (Scenario 3):
Plan A-4 $3,621 $2,633 $1,040 $618 19
Plan A-3 $3,463 $2,490 $882 $475 20
Plan A-2 $3,748 $2,695 $1,167 $680 21
Analysis of Fire Services
Fiscal Analysis Baker Tilly
35 Figure 3 shows the range of potential FCFA contribution levels by the two cities through FY 2028-29, depending on OCSD scenario and preferred FCFA staffing level. The low level is Staffing Plan A-4 with OCSD Scenario 3 (County support), and the high level is Staffing Plan A-2 with no service to OCSD.
Figure 3. Range of FCFA Contributions by Cities Through FY 2029 ($ in 000) The actual impact on the two cities will depend upon:
• Whether FCFA obtains a new revenue source that would allow city contributions to increase slowly over time and avoid the shock of a large increase in contribution starting in FY 2023-24. • Lacking added FCFA revenue, whether each city can get approval of increased revenues for itself. The revenue generating capacity and voter preferences has varied between the two cities in the past, so their respective revenue-generating capacities may differ.
The local voter-approved sales tax in Grover Beach is 1.5%, and in Arroyo Grande it is 0.5% (and in that city a recent ballot measure to increase the tax another 1.0% was narrowly defeated in 2022). • Lacking additional revenue, each city would make its own judgments about the priority of non-fire services, and the areas in which to make expenditure reductions. On a short-term basis each has capacity to defer capital projects. Arroyo Grande has its local sales tax in a separate fund which could bear a greater share than it presently contributes; however, that would be at the expense of other services. However, this is not a sustainable long-term Analysis of Fire Services
Fiscal Analysis Baker Tilly
36 strategy as the cities must continue to invest in the upkeep of its transportation, parks, and public building infrastructure.
One revenue option is a parcel tax or a Mello-Roos assessment that would provide a dedicated funding source for FCFA, but this requires a twothirds voter approval. A 2020 California Court of Appeals ruling currently allows for a majority vote if the tax is enacted through the voter initiative process, but an initiative planned for the ballot in November 2024 seeks to repeal that ruling retroactively. Of the 29 parcel tax ballot measures placed on the November 2022 ballot statewide by a local nonschool agency, 14 were successful, eight of which were tax renewals, and six were new taxes. Such a parcel tax would require an annual inflation adjustment that would allow it to address higher fire costs over time. The timing of such a vote is an issue as higher contributions are needed starting FY 2023-24, and there is a lag time getting onto the next property tax bill.
Another revenue option is a sales tax. If imposed by the FCFA, it would be a special tax and require a two-thirds voter approval. The maximum allowed in a district comprising both cities would be a 0.5% rate, because Grover Beach accounts for 1.5% of the 2.0% local sales tax capacity available under state law, and the rate would need to be uniform across both cities. Of the 10 special sales tax ballot measures placed on the November 2022 ballot statewide (requiring a two-thirds vote), four were successful and six failed. If a 0.5% tax were placed on the same ballot independently by both cities, it could be done as a general tax for each, as has previously been done in both cities.
Recommendation 16. Assess the viability and potential
of a revenue enhancement measure to adequately finance
the operational and capital needs of the FCFA.
Analysis of Fire Services
Alternative Models Baker Tilly
37 Alternative Models
The FCFA has done a commendable job in providing basic fire suppression services to its partner agencies given the limited financial resources, constrained operating budget, and organizational challenges.
With OCSD submitting an application for divestiture of fire service responsibilities, FCFA is entering a period of uncertainty. It will take from 6 to 12 months for LAFCO to take action on this application and longer for the successor fire service provider in Oceano to come on-line. LAFCOs analysis will inform the options available, but the list of alternatives is not that long. They include:
1. Maintain the JPA pooled FCFA structure to serve the two cities (Plan A-5) and possibly provide limited term (Plan A-4) or longerterm service (Plan A-2) to service the Oceano community via contract;
2. Revert to two stand-alone independent city fire departments;
3. Contract out service delivery to CALFIRE;
4. Dispense with the JPA structure and simply have one city (Grover Beach) contract for fire service delivery with Arroyo Grande (currently the employer);
5. Pursue a broader regional service delivery model to include Pismo Beach and/or the Nipomo area.
Baker Tilly recommends Option 1 in the near / medium term with a focus on Option 5 in the longer term to maximize regional efficiencies.
Each Option is reviewed in more detail below.
Maintain the JPA pooled FCFA structure to serve the two cities and possibly provide short-term or longer-term service to Oceano via contract Providing Service to Oceano on a Short-Term Basis
This is essentially the status quo condition. Since it is not likely that OCSD will be able to obtain approval for its divestiture application by the end of June 2023, it will likely have to provide fire services into the next fiscal year. The easiest way to provide for this would be via a contract with FCFA whereby the Authority would provide staffing at the Oceano Analysis of Fire Services
Alternative Models Baker Tilly
38 station commensurate with what OCSD could afford, which is assumed to be the level of their property tax revenue. This would likely result in a two-person company at the Oceano station on a 24/7 basis. This option would be an enhancement of the existing service as the Oceano station is only staffed 1/3 of the time. This alternative staffing option (Plan A-4) provides two 3-person companies (one in each city) and one two-person unit (in Oceano), plus a battalion chief and contract for fire marshal and inspection services. This staffing model is being recommended as a temporary measure until a permanent decision of fire service for the Oceano community can be determined. The cost for this alternative is reflected in Table 23 below.
Table 23. Plan A-4 Two Three-Person and One Two-Person Companies Without Added County Funding Support ($ in 000)
However, it should be noted that the above level of service is not consistent with what Baker Tilly would find satisfactory on a longer-term basis, but it may have to suffice until LAFCO determinations are finalized and a successor service provider is ready to step in with additional funding.
Baker Tilly believes the JPA structure is worth keeping in place, mostly to support a future broader regional service provider, perhaps with the County to include both Oceano and Nipomo or with these latter two stations and the City of Pismo Beach.
Providing Service to Oceano on a Longer-Term Basis
Should a decision be made resulting in the FCFA providing fire service to the Oceano community on a more permanent basis, then Baker Tilly would recommend a three 3-person company deployment (Plan A-2).
This deployment would provide a 3-person company at each station Analysis of Fire Services
Alternative Models Baker Tilly
39 (Arroyo Grande, Grover Beach and Oceano). This deployment would be more consistent with industry practices and would result in the following costs as illustrated in Table 24.
Table 24. Plan A-2 – Three Three-Person Companies Without Added County Funding Support ($ in 000) Providing Service to Only the Two Cities
Based on call volume, Baker Tilly would recommend a two 3-person company deployment to service the two cities (Arroyo Grande and Grover Beach) until such time a Standards of Cover can be performed and determine the staffing and station location for a two-station model.
The cost for this model is depicted in Table 25 and includes an additional battalion chief and contracting for fire marshal and inspection services.
Table 25. Plan A-5 – Two 3-Person Engine Companies, Added Battalion Chief and Contracted Prevention Services, Service Only the Two Cities, Without OCSD ($ in 000) Analysis of Fire Services
Alternative Models Baker Tilly
40 It should be noted that with a two-engine company model, receiving a strike team and overhead reimbursement might be challenging, given staffing resources. Therefore, to be conservative, we have excluded both strike team overtime costs and associated state reimbursements from Plan A-5. Should FCFA staff want to adjust this amount prospectively, this can easily be adjusted in their fiscal model.
Revert to stand alone independent city fire departments Under this alternative, the JPA would be dissolved, and the cities would revert to independent non blended services. This would result in cost increases as currently shared services would have to be delivered on an independent non-shared basis. Management, support and training costs would increase - leaving no economies of scale. Consequently, Baker Tilly does not believe that having individual, stand-alone fire departments in each city is a viable alternative for fire protection and suppression services from both a cost and operational perspective. And since the shared services arrangement has worked well for over ten years, Baker Tilly believes this would be a step backwards.
Contract out service delivery to CALFIRE
The State Department of Forestry and Fire Protection, otherwise known as CALFIRE, is the largest fire department in California, and it commonly provides services via a cooperative agreement to local governments.
Currently, CALFIRE serves the following local governments via a cooperative agreement:
• 31 out of 58 counties (including San Luis Obispo County) • 39 out of 482 cities (including Pismo Beach in SLO County and 19 cities in Riverside County)
• 25 fire districts
• 42 special districts
CALFIRE is very experienced with wildland interface and rural areas and much of its service area tends to be in such areas. Generally, it provides less contract services in more urbanized areas. Large fire service providers either via contract or via a tax share agreement to urbanized cities include the Orange County Fire Authority, the Los Angeles County Fire Protection District, and the San Bernardino County Fire Protection District. Collectively, these large fire service providers serve far more cities than does CALFIRE.
CALFIRE might be willing to provide a bid to FCFA for services, but in the view of Baker Tilly it is unlikely to reduce costs relative to current FCFA costs. In addition, contracting with CALFIRE would reduce local Analysis of Fire Services
Alternative Models Baker Tilly
41 control relative to the shaping of service levels and other similar matters.
CALFIRE is not a common choice for California cities when it comes to a service provider. It is much more common for counties to work with CALFIRE. This probably reflects the rural/urban split mentioned above.
One City to contract for fire service delivery with the other City Should the JPA structure cease to exist at some point in the future, since all FCFA employees are technically employees of the City of Arroyo Grande, another alternative delivery model could have the City of Grover Beach contracting for fire service from the City of Arroyo Grande. This would not be a unique arrangement as cities throughout the State contact for various municipal services with neighboring jurisdictions. For example, the cities of Pacific Grove and Carmel both contract for fire service with the City of Monterey, and Stanford University contracts for fire service with the City of Palo Alto. And while shifting fire service to one city may address a number of operational and organizational issues, it would also shift a lot of liability and financial risks to one city as well; namely, Arroyo Grande. Consequently, should the cities decide to explore this alternative service delivery model, more extensive fiscal and operational assessment would be warranted.
Regional Consolidation
Regionalizing service delivery can often result in savings from economies of scale in such areas as management, technology, and specialized services. In the fire service, local service delivery from neighborhood fire stations typically does not change much in terms of staffing or apparatus types, although improvements in training, career opportunities, and some support services can be found. Most savings will be from shared support services, and overall management and regional consolidation is becoming quite common in the fire service. The primary reason is obtaining economies of scale in operations primarily in management and technical areas. Currently, the Orange County Fire Authority serves 23 of the 34 cities in the County and approximately 2 million out of the 3.2 million of the residents of the County. The even larger Los Angeles County Fire Protection District serves 57 out of the 88 cities in that county either via contract or by tax share.
Regional fire service delivery makes intuitive sense in the Five Cities area of southern San Luis Obispo County, because it is a geographically distinct area being composed of a broad coastal plain running north from the Santa Barbara County line to Pismo Beach where the coastal mountains march down to the Pacific Ocean and force Highway 1/101 to turn inland. The map on the following page shows the five fire stations Analysis of Fire Services
Alternative Models Baker Tilly
42 found in this region. Two are operated under cooperative agreement by CALFIRE for the County of San Luis Obispo and the City of Pismo Beach, and three are operated by FCFA.
Pursuing this type of regional consolidation would enable the area to maximize economy of scale savings for management and technology while also growing local control via the FCFA JPA.
Figure 4. Regional Map1
1Map provided by the County of San Luis Obispo
As was mentioned previously, the OCSD has initiated a divestiture application with the San Luis Obispo LAFCO. This process is expected to take 6 to 12 months. Public input will be solicited as part of the process, and it is quite possible LAFCO will decide to retain a consultant to explore fire service options.
There will be a period of uncertainty as the OCSD pursues the divestiture process since fire service delivery for Oceano will be in limbo, but during the study process OCSD will be responsible for continuing to deliver services to the best of its ability. FCFA has determined that it will provide contract services to the OCSD during the interim, which is certainly a good approach, given the circumstances. FCFA is not under any statutory obligation to deliver services via contract but, given its long running partnership with the OCSD, some support will probably be expected by LAFCO and the County, and such support will build support for a regional approach in the future. FCFA is certainly free to advocate for the benefits of a regional approach as LAFCO processes the divestiture application.
Analysis of Fire Services
Governance Structure Baker Tilly
43 Governance Structure
The current governing board of the FCFA consists of three members, an elected official from each member agency. With the departure of the OCSD from the FCFA, we recommend restructuring the board to consist of either a five-member or three-member board made up of equal representation from each city and a mutually agreed-upon board member. Some examples of a mutually agreed-upon board member could consist of:
• A rotating member of the public;
• The San Luis Obispo County fire chief;
• A representative of the San Luis Obispo County
administrative office; or
• A rotating member of the Board of Supervisors from
Districts 3 and 4.
Recommendation 17. Restructure the FCFA Board to
consist of either a five-member or three-member board.
In addition, the fire chief currently reports to the three-member FCFA Board (which is comprised of elected officials from each member agency). Having the fire chief, who routinely deals with administrative and operational matters, report directly to three elected officials is not an effective reporting structure and it creates operational challenges, the least of which is no direct supervisory oversight and limited communication abilities due to Brown Act restrictions. Instead, Baker Tilly recommends that the fire chief report directly to either one or both city managers.
Recommendation 18. Reorganize the reporting
relationship of the fire chief and have that position
report directly to either one or both city managers.
Analysis of Fire Services
Conclusion Baker Tilly
44 Conclusion
The FCFA has had its share of operational and organizational challenges over the last several years, and while there have been prior assessment reports and studies on its operations, because of limited financing, no significant recommendations from these reports and/or studies have been implemented to date. Now, with the imminent department of the OCSD and the potential loss of $1.1 million in annual revenue contributions, decisive operational decisions by the cities of Arroyo Grande and Grover Beach are in order.
Baker Tilly has completed an assessment of the financial impacts associated with the departure of the OCSD and has put forward realistic staffing and fire service delivery options for consideration by key stakeholders. The assessment concludes that maintaining a regional service delivery approach makes sense for the cities of Arroyo Grande and Grover Beach, and indeed, building on it in time, if possible, would be a net benefit. We also believe that a new dedicated revenue source is necessary to support fire service delivery and that a joint parcel tax may be a good opportunity for the FCFA to pursue. Action on this should be considered no later than the summer of 2024 for possible consideration at the general election in November 2024. Making these efforts will build support for a possible revenue measure in 2024.
Analysis of Fire Services
Attachment A – List of Recommendations Baker Tilly
45 Attachment A – List of Recommendations
Recommendation 1. Add an additional battalion chief to the full-time complement of management personnel and assign each battalion chief to a shift schedule.
Recommendation 2. Acquire a staffing program to manage and track all working and nonworking hours for all FCFA personnel.
Recommendation 3. Improve the ability to track company activity by developing or purchasing a program capable of tracking all unit and personnel activity, including apparatus and equipment.
Recommendation 4. Conduct a Standards of Cover and Community Risk Assessment to determine the appropriate level of service to provide the community.
Recommendation 5. Contract for fire marshal and fire inspection services.
Recommendation 6. Increase the amount budgeted annually for departmental training.
Recommendation 7. Develop a comprehensive training program to address succession planning, and increase the budget for tuition reimbursement, thereby allowing employees to complete the necessary certifications and education required to advance through the ranks.
Recommendation 8. Move the OCSD station housing closer to the apparatus room.
Recommendation 9. Install a sealed door and/or wall to separate the office and living quarters from the apparatus room and turnout storage areas.
Recommendation 10. Assess the living quarters to determine if creating separate quarters for female firefighters is feasible.
Recommendation 11. Allocate appropriate funding to repair and/or upgrade the station alerting systems and the existing phone system.
Recommendation 12. Request proposals from local vendors, as well as the City of Grover Beach, to perform minor repairs and regular maintenance on agency vehicles.
Recommendation 13. Strengthen interagency relationships and collaboration between FCFA personnel and member agencies.
Recommendation 14. Develop an equipment replacement fund for all mission critical equipment and apparatus.
Recommendation 15. Develop a comprehensive policy and procedures manual, building upon efforts currently underway.
Recommendation 16. Assess the viability and potential of a revenue enhancement measure to adequately finance the operational and capital needs of the FCFA.
Recommendation 17. Restructure the FCFA Board to consist of either a five-member or three-member board.
Recommendation 18. Reorganize the reporting relationship of the fire chief and have that position report directly to either one or both city managers. 65501.00001\41161259.15
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AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT
OF
THE FIVE CITIES FIRE AUTHORITY
This JOINT EXERCISE OF POWERS AGREEMENT (the “Agreement” or “JPA”) is dated this __ day of ____, 2023, for reference purposes only, and is entered into by and between the undersigned Member Agencies. The undersigned Member Agencies, the Cities of Arroyo Grande and Grover Beach, may be referred to herein individually as “Member Agency” and collectively as “Member Agencies” or “Members.”
RECITALS
A. The City of Arroyo Grande (“Arroyo Grande”) and the City of Grover Beach (“Grover Beach”), (collectively, “Member Agencies”) have the authority under California law to provide fire protection, emergency medical and related services within their respective jurisdictions.
B. Each Member Agency is a public agency authorized and empowered to contract with the other Member Agency for the joint exercise of powers under the Joint Exercise of Powers Act, Sections 6500, et seq., of the California Government Code (the “Act”).
C. Each Member Agency is a local public entity, and are municipalities in contiguous geographical proximity, having similar fire protection needs, and a history of coordination and cooperation between each other.
D. By jointly exercising fire protection, emergency medical and related services, each Member Agency is able to achieve cost savings and operational efficiencies for the benefit of the persons residing in the Member Agencies’ respective service areas.
E. On June 7, 2010, the Member Agencies, desirous of improving the quality and level of fire suppression and emergency medical service delivery within their communities through the sharing of resources and expertise, entered into a Joint Powers Authority Agreement (the “JPA”) and have operated as Five Cities Fire Authority pursuant to the terms and conditions in that agreement since that time. Under that agreement, the Member Agencies have shared fire services, allowing for cost savings and operational efficiencies in providing fire services to the public.
Consolidation of such fire services into a single public entity has allowed for an efficient fire protection organization significant command and administrative benefits, and a net-decrease in operational costs with a concurrent increase in operational efficiency.
F. The Oceano Community Services District was previously a member of the JPA, but voluntarily exited the JPA in June 2023 due to an inability to meet its contribution obligations under the JPA.
G. The Member Agencies have now determined the specific terms of the 2010 agreement should be amended so that this Amended and Restated Joint Powers Agreement accurately reflects the Authority's current structure and operations.
Attachment 2
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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter stated the Member Agencies agree as follows:
1. Recitals. The recitals above are true and correct, and are hereby incorporated into the terms of this Agreement as though fully set forth herein.
2. Term. The term of this Agreement shall commence as of the date the Member Agencies have fully executed this Agreement and continue until terminated pursuant to the terms of this Agreement.
3. Definitions. Except where the context otherwise clearly requires, the following words and phrases shall have the meanings specified below:
“Act” shall mean the Joint Exercise of Powers Act of the State of California, commencing with California Government Code Section 6500, as now existing or as may hereinafter be amended or supplemented.
“Agreement” shall mean this Joint Exercise of Powers Agreement by and between the Member Agencies, as supplemented, amended and/or restated from time to time. “Authority” shall mean the Five Cities Fire Authority, a joint powers authority created by this Agreement in accordance with the Act, made up of the Member Agencies, the Cities of Arroyo Grande and Grover Beach.
“Authority Area” means that geographic area encompassing the total combined jurisdictional boundaries of the Member Agencies, as lawfully changed from time to time. “Board” or “Board of Directors” means the governing body of the Authority as established by this Agreement.
“Board member” or “Director” means a member of the governing body of the Authority. “Fiscal Year” means July 1 of one year through June 30 of the following year. “Formation Date” means the date when the Authority was originally created, June 7, 2010.
4. Creation of Authority.
4.1 Authority Created. The Authority was created as a public entity on June 7, 2010 as the “Five Cities Fire Authority” by operation of the prior Joint Powers Authority agreements.
The Authority was and is formed pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code of the State of California, which authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to exercise jointly any power or powers common to the member agencies. The Authority shall be a public entity separate from the Member Agencies and is responsible for the administration of this agreement. 65501.00001\41161259.15
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The debts, liabilities and obligations of the Authority shall be the debts, liabilities and obligations of the Authority alone and not of one or more of the Member Agencies. (a) Confirmation of Authority Name. The Authority is known as the “Five Cities Fire Authority.”
4.2 Notices. Within thirty (30) days after execution of this Amended and Restated Agreement, the Authority shall cause a notice of such amendment to be prepared and filed with the office of the California Secretary of State containing the information required by California Government Code § 6503.5. Within ten (10) days after execution of this Amended and Restated Agreement, the Authority shall cause an amended statement of information concerning the Authority, as required by California Government Code § 53051, to be filed with the office of the California Secretary of State and with the County Clerk, of any change in facts as required by Government Code § 53051(a).
4.3 Authority Area. The geographic boundaries of the Authority (“Authority Area”) shall be coextensive with those of the Member Agencies, as lawfully changed from time to time.
4.4 Other Joint Powers Agreements Superseded. As of the Effective Date of this Agreement, any prior JPA agreements and/or amendments of the Five Cities Fire Authority shall have no further force and effect.
4.5 Bylaws. The Board may adopt bylaws and any other regulations, policies, or procedures for the operation of the Authority not inconsistent with State constitutional, statutory, or decisional case law or the California Code of Regulations.
4.6 Purpose. The purpose of this Agreement is to jointly exercise fire protection, emergency medical, and related services. The purpose shall be accomplished, in the manner set forth in this Agreement. The Member Agencies each possess the powers necessary or convenient for the accomplishment of such purposes.
(a) Through the Authority and its governing body, the Member Agencies shall collaborate, cooperate and seek to determine ways in which the Member Agencies and the citizens residing within the Authority Area can benefit from joint services. (b) The Authority shall provide fire protection, emergency medical, and related services within the Member Agencies.
(c) The Member Agencies shall jointly benefit through the sharing of resources, which may include but is not limited to the sharing of executive and/or administrative staff. Among other public benefits, the Member Agencies shall receive reduced costs and more efficient services through the sharing of such resources. (d) The purposes of this Agreement shall not be construed as limiting, and the Authority, and the Board shall be authorized to further define the means by which the joint exercise of services may be accomplished.
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(e) The Authority may, if approved by the Member Agencies, accept new Parties to this Agreement, and the purposes of this Agreement shall include the provision of fire protection, emergency medical, and related services within the territorial jurisdiction of any new Parties. The purposes of this Agreement shall apply to any new Parties.
5. Powers of Authority.
5.1 The Authority shall exercise the powers common to the Member Agencies, powers otherwise permitted under the Act, and powers necessary to accomplish the purposes of this Agreement.
5.2 The Authority is hereby authorized, in its own name, to do all acts necessary, convenient and appropriate for the exercise of the foregoing powers for the purposes set forth in this Agreement and to do any or all of the following:
(a) Setting and adopting policies, including the scope of the Management Committee’s authority under Section 7.1.
(b) Adopting an annual budget.
(c) Employing personnel, consultants, advisors and independent contractors, setting parameters for labor negotiations, and ratifying labor agreements. (d) Entering into contracts, leases and other agreements, which may include, but are not limited to, a contract for administrative and fiscal services and a contract with a Certified Public Accountant for annual audit services or mutual aid or automatic response agreements or contracts for service to other jurisdictions. (e) Applying for; receiving and disbursing grants, loans or other aids from any private or public agency.
(f) Setting fees for service where permitted by law.
(g) Receiving, disbursing and investing funds.
(h) Purchasing and holding title to property, and obtaining leaseholds, licenses, and other interests in property, including the authority to acquire, dispose of, construct, manage, maintain or operate any building, works or improvements. (i) Issuing revenue bonds pursuant to California Government Code Section 6540, et seq.
(j) Obtaining in its own name all necessary permits, licenses, opinions and rulings.
(k) Expending funds of the Authority only for the purpose of carrying out the provisions of this Agreement as they now exist or may hereafter be amended. Such powers shall 65501.00001\41161259.15
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be exercised in the manner provided in the Act subject only to such restrictions as set forth in this Agreement or other applicable law.
(l) Suing and being sued in its own name.
(m) Carrying out and enforcing all of the provisions of this Agreement. (n) To incur debts, liabilities or obligations, which do not constitute a debt, liability or obligation of any Member Agency;
(o) To receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations, and governmental entities, provided that the Authority consents to such gifts, contributions and donations; (p) To fix the compensation, if any, paid to the Board of Directors, Secretary, Treasurer, Controller and Attorney, in compliance with all applicable laws; (q) To prescribe the duties, compensation and other terms and conditions of employment of other agents, officers and employees;
(r) To adopt reasonable rules and regulations for the conduct of the day-today operations of the Authority; (s) To apply for, accept, receive and disburse grants, loans and other aid; (t) To invest money in the treasury, pursuant to Government Code section 6505.5, that is not required for the immediate necessities of the Authority, as the Authority determines advisable, in the same manner and on the same conditions as local agencies, pursuant to Section 53601 of the Government Code;
(u) To exercise any and all powers which are provided for in the Act and in Government Code section 6584 et. seq. including, without limitation Government Code section 6588, as they exist on the Effective Date of this Agreement or may hereafter be amended. (v) Other powers and duties incidental to those enumerated herein.
5.3 Manner of Exercise of Powers. The powers of the Authority shall be limited only by the terms of this Agreement, the Act, and applicable law, as amended from time to time. The laws of the State of California applicable and common to general law cities shall govern the Authority in the manner of exercising its powers common between the cities, subject to such restrictions as are applicable to the City of Arroyo Grande in the manner of exercising such powers, as required by Government Code section 6509.
6. Governance.
6.1 Board of Directors. The Authority shall be governed by a four-member Board of Directors (collectively “Board,” individually “Board member” or “Director”). Each Member Agency may appoint Board members, as follows: two (2) elected city councilmembers, which 65501.00001\41161259.15
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may but is not required to include the Mayor from each Member Agency. Each of the four (4) Authority Board members, and any alternates, shall be appointed as determined by the respective Member Agencies’ City Councils and any applicable local policies. All the power and rights of the Authority shall be exercised by the Board, subject to the rights reserved by the Member Agencies as set forth in this Agreement; provided, however, that the Board may delegate such powers and authority to committees, sub-committees, the Management Committee, and others as the Board deems appropriate.
6.2 Compensation. Directors may receive such compensation from the Authority for services as may from time to time be established by the Board, subject to the limits of applicable law. Directors shall be reimbursed for necessary and actual expenses incurred in the conduct of the Authority’s official business as permitted by law and by policies adopted by the Board.
6.3 Board Officers, Alternating Member Agency Term. In the interest of full representation between the two Member Agencies, the role of Board Chair and Vice Chair shall alternate between the two Member Agencies as follows:
(a) A Board member from one of the two Member Agencies shall serve as Board Chair over a one-year term (“Chair Term”). During each Chair Term, the Vice Chair shall be selected from a different Member Agency than that of the Board Chair, ensuring the Vice Chair serves a city council that is not part of the City organization on which the Board Chair serves.
(b) Following each one-year Chair Term, the Chair and Vice Chair shall alternate between the two Member Agencies, so at all times the Board Chair and Vice Chair shall be from the separate Member Agencies.
(c) The Chair, or in the Chair’s absence the Vice Chair, shall preside at and conduct all meetings of the Board and execute agreements and other official instruments on behalf of the Authority. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. In the absence of the Chair and the Vice Chair, the absent members may appoint a different member of the Board to serve as an alternate. (d) The procedure for selecting the Board Chair and Vice Chair shall be set forth within the Authority’s adopted by-laws or other adopted Authority policy as soon as practical.
6.4 Meetings of the Board.
(a) Annual Meeting. The Board shall hold an annual meeting to review the services provided by the Authority and to approve a budget, and shall hold regular meetings at least quarterly, on a schedule adopted pursuant to subsection 6.4(d) below. The Board may hold additional regular meetings as determined by the Board and may adopt such procedures and resolutions for conducting such meetings and other business as the Board deems appropriate.
Alternatively the Board may establish an executive or other committee to hold regular meetings. (b) Conduct of Meetings. All meetings of the Board including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and 65501.00001\41161259.15
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12609-0001 \1234376v1.doc -3-
conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code.
(c) Quorum. A simple majority of the Board shall constitute a quorum for the purpose of transacting business. The affirmative vote of a majority of the quorum shall be required for the Authority to take any action and must include at least one affirmative vote from one Board member from each Member Agency, except: (i) where different voting requirements are provided for by applicable law or local Authority policies; and (ii) approval of budgets, issuance of any bonds, exercise of eminent domain, and incurrence of any debts, liabilities, obligations, certificates of participation or other evidence of indebtedness shall require an affirmative vote of the majority of the membership of the Board subject to any specific, adopted or applicable Authority purchasing policy. This section shall not prohibit the Board from delegating the authority to purchase goods and services, including goods and services consistent with any adopted or applicable Authority purchasing policy, specified herein. (i) In the absence of a quorum at any meeting of the Board, a majority of the directors present, or the Chair in the absence of all directors, or the secretary may adjourn the meeting from time to time without further notice, but no other business may be transacted. (d) Location and Date. The Board shall meet at the Principal Governance and Business Office as set forth in Section 9 of this Agreement, or at such other place as may be designated by the Board for its regular, adjourned regular, and special meetings consistent with this Agreement. The dates upon which, and the hour and place at which, any regular meeting shall be held shall be fixed by resolution of the Board and a copy of such resolution shall be provided to each Member Agency.
(e) Agendas and Minutes. The Board may select, appoint, or employ a secretary to keep or cause to be kept, at the principal business office, the principal governance office, or such other place as the Board may order, a book or electronic copy of minutes of all meetings of the Board and its committees as required by law, with the time and place of holding, whether regular or special, the notice thereof given, the names of those present at the meetings, and the proceedings thereof. As soon as practicable after each meeting, the secretary shall cause a copy of the minutes to be forwarded to each director of the Board, and to the Member Agencies. The secretary need not be a director and shall serve at the pleasure of the Board.
6.5 Board Committees
(a) Committees. The Board may create any standing or ad hoc committees as it sees fit. The Board may delegate to any committee the authority to approve any action or transact any business of the Board, except for business that is required by this Agreement to be approved by the full Board.
(b) Actions of Full Board. Approval of budgets, issuance of any bonds, exercise of eminent domain, and incurrence of any debts, liabilities, obligations, certificates of participation or other evidence of indebtedness as may be set forth in the Authority’s effective purchasing policy and any legislative actions as defined by State law shall require an action of the full Board and shall not be delegated to any Board committees. 65501.00001\41161259.15
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(c) Procedures. Except for exempt ad hoc committees, all meetings of committees including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code. Committees shall maintain minutes of their proceedings.
6.6 Bylaws. The Board may adopt bylaws and any other regulations, policies, or procedures for the operation of the Authority.
7. Executive Officers and Personnel
7.1 Management Committee. The management of the Authority shall vest in a Management Committee made up of the current City Manager for both Member Agencies or the City Managers of any Member Agencies added to this Agreement. The Management Committee shall be participants in, and oversee all non-Management Committee Executive Officers, and any Executive Officers’ responsibilities as set forth in this Agreement. The Management Committee shall have the power, subject to any Board direction or Board-adopted policies:
(a) To execute any contract up to an amount consistent with any ordinance or rules adopted by the Board establishing the Authority’s purchasing policies and procedures, and/or policies for capital costs of special services, equipment, materials, supplies, maintenance, or repair that involves an expenditure by the Authority within budgetary limits approved by the Board (“Board purchasing policies”);
(b) To hire, terminate, and oversee the performance of the Fire Chief; (c) To expend funds of the Authority subject to any Board purchasing policies and enter into contracts, whenever required for the immediate preservation of the public protection, health, or safety;
(d) To sell any personal property of the Authority up to a value consistent with the Board’s purchasing policies;
(e) To support the Board as determined by the Board in labor negotiations and management;
(f) To administer the priorities and policies established by the Board for fire services of the Authority;
(g) To perform such other duties as may be assigned by the Board, and to report at such times and concerning such matters as the Board may require.
7.2 Executive Officers. The executive officers of the Authority shall include the Management Committee, the Chief Executive Officer, the Fire Chief, the Treasurer, the Auditor/Controller, and such other executive offices as created by the Board. All executive officers shall report to the Management Committee, and the acting Chief Executive Officer. 65501.00001\41161259.15
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(a) Chief Executive Officer. The Chief Executive Officer will be the City Manager from the Management Committee that is employed by the same Member Agency from which the current Board Chair serves as a city councilmember. The Chief Executive Officer shall alternate automatically, serving during the same Chair Term that the Board Chair serves on the Chief Executive Officer’s Member Agency city council. The Chief Executive Officer shall carry out the decisions of the Management Committee and act as the signatory for the Authority on all actions requiring approval of the Management Committee. (b) Fire Chief. The Fire Chief shall be responsible for the proper and efficient operation of the Authority as is or hereafter may be placed in his or her charge, or under his or her jurisdiction or control, pursuant to the provisions of this Agreement, or of any ordinance, resolution, bylaw or minute order of the Board. The Management Committee shall appoint and oversee the performance of the Fire Chief. The Fire Chief, as an at will employee of the Authority, shall report to the Management Committee and Chief Executive Officer, and by extension the Board, on all of the following, in a manner prescribed by the Board in consultation with the Management Committee:
(i) Plan, coordinate, supervise, and evaluate the Authority’s operations, and conduct day-to-day operations of the Authority; (ii) Supervise and manage Authority fire personnel;
(iii) Coordinate and supervise training of fire personnel; (iv) Make recommendations to the Management Committee and Board on Authority operations;
(v) Establish policies and procedures of the Authority to implement directives from the Board and the Management Committee; (vi) In conjunction with the Treasurer, prepare an annual budget for submission to the Management Committee and the Board;
(c) Treasurer. The Director of Administrative Services of Arroyo Grande shall be the Authority Treasurer. The Authority Treasurer shall perform such duties as are set forth in this Agreement and any other duties specified by the Board or as required by the Act, and shall perform the duties specified in Government Code sections 6505 and 6505.5, as amended from time to time. The Authority Treasurer shall be the depositary of funds and shall have custody of all money of the Authority, from whatever source. (i) The Board may at any time select, employ, or appoint a new or different Authority Treasurer who shall be: (1) the Treasurer or Finance Director of one of the Member Agencies; (2) a certified public accountant; or (3) such other officer or employee of one of the Member Agencies as the Board shall deem qualified to act as the Authority Treasurer, so long as permitted by law.
(d) Auditor/Controller. The Authority Auditor or Authority Controller shall be the same officer or employee of the City serving as the Authority Treasurer. The Authority 65501.00001\41161259.15
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Auditor or Authority Controller shall perform such duties as are set forth in this Agreement and any other duties specified by the Board or as required by the Act. (i) The Board may at any time select, employ, or appoint a new or different Authority Auditor or Authority Controller who shall be: (1) the auditor or controller of one of the Member Agencies; or (2) such other officer or employee of one of the Member Agencies as the Authority shall deem qualified to act as Authority Auditor or Authority Controller, so long as permitted by law.
(e) Secretary. The Board shall appoint, or designate to the Management Committee in consultation with the Fire Chief to appoint a Secretary who shall serve at the pleasure of the Board. The Secretary shall be the official custodian of records for the Authority, make all filings requested by the Board and legally required, and be responsible for agendas and meeting minutes as provided in Section 6.4(f) of this Agreement.
7.3 Official Bond. Pursuant to Government Code section 6505.1, the public officer, officers or persons who have charge of, handle or have access to any property of the Authority shall file an official bond in an amount of $25,000, unless fixed by the Parties to this Agreement in a different amount by unanimous decision of the Board.
7.4 Other Officers and Staff
(a) Attorney for Authority. The Attorney for the Authority shall be appointed by the Board of Directors. The Attorney for the Authority or a designated deputy shall attend all meetings of the Board of Directors; provided, however, that the absence of the Authority Attorney shall not affect the validity of any meeting. The Attorney shall perform such other duties the Board of Directors specifies.
(b) Officers and Professional Services. The Board may select, appoint, or employ any other officers, or professional and expert services as may be necessary or appropriate to accomplish the purposes of this Agreement, including but not limited to, legal counsel, financial consultants, accountants, engineers, architects, contractors, appraisers and any other consultants and advisors, which may be a corporation, partnership, firm or individual. The Board may delegate to the Fire Chief or to a committee the authority to hire officers and professional services.
(c) Employees of Authority. Employees of the Authority are (i) those individuals employed by Arroyo Grande, but assigned to the Authority between the Authority and Arroyo Grande referenced in Exhibit A of this Agreement; and (ii) those individuals employed directly by the Authority. The Parties’ governing bodies may meet in closed sessions for the purpose of providing input to the Board regarding the terms of compensation for Authority employees.
(d) Shared Resources. The Board may contract with a Member Agency, or its officers, to provide necessary administrative services to the Authority as appropriate. All personnel employed by the individual Member Agencies shall remain employees of their respective Member Agency unless and until the Authority affirmatively employs such personnel 65501.00001\41161259.15
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pursuant to its powers. No express or implied employment contract between any Member Agency employee and the Authority exists as a result of this Agreement.
7.5 Interference Prohibited. The Board and the Member Agencies shall deal with the administrative services of the Authority (which includes the Authority’s Treasurer, Auditor/Controller and Secretary) only through the Management Committee who may delegate to the Fire Chief and their responsibility set forth herein, except for the purpose of inquiry.
Neither the Board, the governing body of any Member Agency, nor any individual members of either shall give orders to any subordinate of the Fire Chief.
7.6 Rules and Regulations. The Board shall forthwith adopt rules and regulations and perform all other acts necessary so that the Authority may hire personnel.
8. Equipment and Facilities.
8.1 Fire Stations and Other Real Property
(a) Member Agency Buildings and Structures. Buildings and structures owned by Member Agencies may be utilized for the Authority’s use, but shall remain the property of the respective Member Agency. Each Member Agency shall be responsible for the maintenance and insurance of Member Agency buildings. The Authority shall not directly own, maintain, or insure any existing building or structure, unless the Authority and a Member Agency expressly agree in writing that the Authority accepts ownership, responsibility for maintenance, or responsibility to insure a particular building or structure. Any building constructed or owned by the Authority after the Formation Date shall be the property of the Authority, and in the event of dissolution of the Authority, shall be disposed of as provided in this Agreement. (i) Maintenance By Members. The respective Members owning a fire station shall be responsible for the maintenance, repair, replacement, and improvements to the building structure, mechanical systems, electrical, plumbing, and exterior infrastructure (i.e., roof coverings, driveway, etc.). The Members are not responsible for (i) the maintenance or repair of any systems that have been installed by the Authority and are unique to fire service operations (e.g., dispatch/radio systems, computer networks, etc.), and (ii) the cost of performing any such maintenance or repairs caused by the negligence of the Authority or its employees, agents, servants, licensees, contractors, or invitees.
(ii) Maintenance By Authority. The Authority shall be responsible for routine maintenance of fire stations, interior decorating, landscaping, and fire alarm systems. The Authority is also responsible for the maintenance, repair, replacement, and improvements of the dispatch telecommunication systems and all systems that have been installed by the Authority which are unique to fire service operations (e.g., dispatch/radio systems, computer networks, etc.).
(b) Contributions of Real Property. Either Member Agency may contribute real property to the Authority for the Authority’s use. The Member Agency owning the interest in the real property shall continue to own said interest, unless the Member Agencies and Authority agree otherwise. The Board and the Member Agency owning the interest shall agree on the terms of the contribution.
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(c) Lease or Purchase of Additional Stations. The Authority shall be authorized to lease, purchase, or obtain any other interest in real property for the Authority’s uses.
8.2 Equipment and Other Personal Property
(a) Equipment Provided by Member Agencies. As soon as reasonably practicable, the Authority shall inventory all equipment owned by the Member Agencies that is available for the Authority’s use. All Member Agency equipment shall remain the property of that Member Agency, unless the Member Agencies otherwise agree. The Member Agency may contribute additional equipment for the Authority’s use upon terms agreed between the Member Agencies and the Authority. The Authority may rent or borrow equipment from the Member Agencies for temporary use. All equipment owned by the Authority or subject to an equipment lease for financing purposes, shall remain the property of the Authority. (b) Acquisition of Equipment. The Authority may acquire any equipment or other personal property for the Authority’s use.
8.3 Separate Property of the Parties. Exhibit C, attached and incorporated by reference, establishes the property which is owned by a Member Agency and not the Authority, notwithstanding that the Authority may use that property.
9. Principal Offices.
9.1 Principal Governance and Business Office. The principal business office and governance office of the Authority at the date this Agreement is effective shall be Authority’s Station 1, at 140 Traffic Way, Arroyo Grande, California, 93420, (“Principal Office”) or as otherwise determined by the Board. The Board may change the Principal Office, from time to time, and from one location to another, within the Authority Area. Any change shall be noted by the Authority Secretary and reflected in Authority document, but shall not be considered an amendment to this Agreement.
10. Financial Provisions.
10.1 Administrative services shall be provided by, and allocated between the Member Agencies as shown on Exhibit A, attached and incorporated by reference to this Agreement.
10.2 Operation and capital improvements costs shall be allocated among the jurisdictions in accordance with the cost-sharing formula in Exhibit B, adopted by the Board and the governing bodies of the Member Agencies, and attached and incorporated by reference into this Agreement.
10.3 Member Agencies will be billed quarterly by the Authority Treasurer, in accordance with the provisions of Exhibit A and B. Member Agencies agree to pay the invoices on a quarterly basis.
10.4 Capital Purchases. Capital purchases that solely benefit a Member Agency shall be funded by that Member Agency. All other capital purchases shall be funded on terms 65501.00001\41161259.15
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established by the Board. The funding of capital purchases that are not budgeted shall be separately approved by each Local Sub-Committee.
10.5 Budget.
(a) The Board shall initially adopt a budget within 30 days of execution of this Amended and Restated JPA. The Board shall adopt a budget for maintenance and operation costs, and costs of special services in time to allow review by the Member Agencies prior to April 30th of each fiscal year. The Authority’s fiscal year shall be July 1 to June 30. Each Member Agency shall prepare its own annual budget for capital costs related to Authority services. Subject to the exception provided below in Section 10.5(b), no expenditures may be made by or on behalf of the Authority unless authorized by a budget or budget amendment approved by the Board.
10.6 Invoicing. Upon completion of the initial budget, and thereafter at such other intervals as determined appropriate by the Board, the Authority shall determine the amount of the budget expenses payable during the ensuing period pursuant to each Member Agency’s share of expenses required by this Agreement, and the budget approved by the Board. The Authority shall submit to each Member Agency an invoice showing the Member Agency’s share for the applicable period together with a calculation of the Member Agency’s share. Each Member Agency shall pay to the Authority the amount invoiced within 30 days after the date of the invoice. Any amount not paid within 60 days of the date of an invoice shall be delinquent.
10.7 Default and Delinquency. Any Member Agency which defaults in its obligation to pay or advance any amounts due pursuant to this Agreement after such amounts have become delinquent shall be deemed to have waived and relinquished any rights and benefits it may have under this Agreement. Any defaulting Member Agency shall be liable to the Authority for interest on the unpaid amount at the rate of 10% per annum, or the maximum rate allowed by law if it is less than 10% per annum, until the overdue invoice amount is paid in full. If the Agreement is terminated, then the defaulting Member Agency shall remain liable for payment of its share of debts, liabilities and obligations under this Agreement incurred prior to the date of termination, plus interest.
10.8 Accounting. The Authority shall maintain strict accountability of all funds, receipts and expenses, and shall keep and maintain appropriate records and accounts of all funds, receipts and expenses under this Agreement in accordance with generally accepted accounting practices for California public agencies and the requirements of the Act. The Authority shall allow any Member Agency, or any of its employees, accountants, attorneys or agents to review, inspect, copy and audit any such records and accounts.
10.9 Record of Contributions. The Authority shall maintain records of all fire prevention and suppression equipment, medical equipment, and associated property and assets contributed by each Member Agency and by the Authority, including any staff resources contributed to the Authority.
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10.10 Audit. The records and accounts of the Authority shall be audited annually by an independent certified public accountant and copies of such audit reports shall be filed with the State and each Member Agency pursuant to the requirements of Section 6505 through 6505.6 of the Government Code. The audit shall conform to generally accepted auditing standards. Such report shall be filed within 12 months after the end of the fiscal year or years under examination, and no later than fifteen (15) days after receipt of such audit reports by the Authority.
10.11 Expenditures. The Board shall establish and comply with a system and procedure for the review and approval of Authority expenditures and claims and the drawing and signing of Authority warrants or checks. All expenditures shall be consistent with the approved budget, except as otherwise determined by the Board.
11. Debts, Liabilities, Obligations. Subject to all applicable laws, including but not limited to Government Code section 6508.1, all debts, liabilities, and obligations of the Authority shall be those of the Authority, and do not constitute debts, liabilities, or obligations of any one or more of the Member Agencies. The responsibilities and obligations of each Member Agency to this Agreement shall be solely as provided in this Agreement, or as provided in supplemental agreements or amendments as shall be executed by the Member Agencies. As required by law, the Member Agencies are liable for CalPERS liability of the Authority as follows:
11.1 The Authority shall use the City of Arroyo Grande’s CalPERS contract for Employees of the Authority.
11.2 If a Member Agency withdraws from the Authority, the withdrawing Member Agency shall be liable for, and upon demand shall promptly pay, its share of the existing and/or contingent liabilities of the Agency as of the effective date of the withdrawal. The withdrawing Member Agency’s share of liabilities shall bear the same relationship to the whole as its annual contribution for the operation of the Authority bears to the whole of all annual contributions.
11.3 If a Member Agency withdraws from the Authority, but the Authority does not dissolve or terminate, and the Authority has established a plan of periodically paying down part of its unfunded accrued pension liability (“UAPL”) debt to CalPERS, the withdrawing Member Agency shall continue to be liable, and to promptly pay thereafter to Authority upon being billed, its share of the Authority’s UAPL based upon its prior years of membership. The withdrawn Member Agency’s share of such UAPL expense shall be the determined according to the same formula used by the Authority to allocate such costs during the final year of the withdrawing Member Agency’s membership.
11.4 The withdrawing Member Agency shall also be liable for any additional Authority expenses as of the effective date of the withdrawal that exclusively benefit the withdrawing Member Agency as well as 100% of any early termination fees that accrue due to the withdrawal of the Member Agency.
11.5 Until such time that the Authority utilizes a different contract approved by its Board, if the City of Arroyo Grande dissolves, terminates, or ends its contractual relationship with CalPERS(“the triggering events”), Government Code sections 6508.1 and 6508.2 will require all existing Member Agencies, and certain past Member Agencies, to each assume 65501.00001\41161259.15
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individual financial responsibility for its proportionate share of the UAPL then in effect. By joining Authority, each Member Agency promises and represents that upon occurrence of a triggering event: (i) it will undertake this obligation when requested by either CalPERS or the Authority; and (ii) that unless the Board determines differently, the proportionate share each Member Agency will assume shall be based upon the same formula used to determine each Member Agency’s share of the Authority’s last periodic UAPL payment to CalPERS in the year prior to the triggering event.
11.6 Prior to Execution. The debts, liabilities and obligations of each Member Agency in existence or accrued as of the full execution of this Agreement shall remain the debts, liabilities and obligations of that Member Agency and shall not be assumed by or transferred to the Authority. After the execution of this Agreement by both Member Agencies, however, any existing debt, liability or obligation of the Member Agencies may be expressly approved or accepted by the Authority by a formal written action of the Board.
11.7 Fire Engines 2 and 3 Equipment Lease Payments. Notwithstanding any other provisions of this Agreement to the contrary, the Parties mutually agree and understand that as a result of any dissociation, withdrawal or termination of this Agreement, no Party will be obligated for future payment lease obligations for any Engine that does not remain in the custody, control, and possession of that Member Agency.
12. Indemnity and Hold Harmless; Insurance.
12.1 Indemnification of Member Agencies. The Authority shall indemnify, defend and hold harmless the Board of Directors, the individual Member Agencies, and their members, officers, directors, employees and agents from and against any and all liability, loss, damages, expenses, costs (including, without limitations, costs and fees of litigation or arbitration) of every nature, arising out of any act or omission related to this Agreement, any individual Member Agency, or their members, officers, directors, employees and agents.
12.2 Indemnification for Prior/Separate Acts. Each Member Agency (Indemnifying Member Agency) shall defend, indemnify and hold harmless the Authority, each Director, the other Member Agency, and the Authority and each Member Agency’s respective Council or governing board members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind, including attorney’s fees and expert’s fees, arising directly or indirectly from the Indemnifying Member Agency’s acts or omissions occurring prior to the effective date of this Agreement’s initial Effective Date of June 7, 2010 or otherwise outside the scope of this Agreement.
12.3 Insurance. The Authority shall acquire insurance protection as is necessary to protect the interests of the Authority and the Member Agencies. The premiums for insurance acquired by the Authority, as well as any anticipated funds necessary to pay for self-insured retentions and deductibles for insurance, shall be determined based upon actuarial studies and included in the budget. Any adjustments to the budget to pay for insurance premiums, selfinsured retentions, and deductibles shall be prepared by the Management Committee for presentation to the Board of Directors for consideration and approval. 65501.00001\41161259.15
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12.4 Survival. These defense, indemnification, and hold harmless obligations shall survive and continue in full force and effect after withdrawal of any Member Agency from this Agreement or termination of this Agreement for any reason with respect to any negligent acts, errors or omissions that occurred before the date of such withdrawal or termination.
13. Termination.
13.1 Termination.
(a) When there are only two Member Agencies in the Authority, either Member Agency may unilaterally terminate the Agreement with an effective termination date of June 30 of any Fiscal Year, provided that written notice is provided to, and received by, the Authority and the other Member Agency by the terminating Member Agency no later than June 30 of the prior Fiscal Year, as expressed by vote of the governing body of the terminating Member Agency. Any terminating Member Agency shall be obligated to pay that Member Agency’s contributions for the Fiscal Year ending on the effective date of termination. (b) The Member Agencies may all jointly agree by written consent to terminate the Agreement, as expressed by resolution of the governing boards of all Member Agencies (passed by vote of the membership of the governing body of each Member Agency).
Such termination shall provide for adequate time to wind-up the affairs of the Authority and distribute any assets pursuant to this Agreement. The Member Agencies shall be obligated to pay their contributions until the effective date of termination.
13.2 Disposition of Member Agencies’ Property Upon Termination. Any property that was acquired by either Member Agency prior to entering this Agreement, and that is required either by this Agreement or by any subsequent act or Agreement to remain the property of the Member Agency, shall be returned to the Member Agency upon termination of this Agreement.
Exhibit C lists the separate property of the Member Agencies, but a Member Agency may prove that it, and not the Authority, owns certain property by providing documentation establishing such ownership. If property is not listed in Exhibit C, and no documentation establishes ownership of that property, the property will be presumed to be owned by the Authority.
13.3 Disposition of Authority Property Upon Termination. Upon termination of this Agreement, the assets and property of the Authority shall be distributed as follows (a) First, if either Member Agency is in default of its obligation to pay or advance any amounts due to Authority pursuant to this Agreement, then any funds or assets of the defaulting Member Agency shall be applied to the Authority in satisfaction of any such delinquency.
(b) Second, any other funds on hand shall be used to liquidate and wind-up the affairs of the Authority.
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(c) Third, any surplus funds on hand remaining after satisfaction of subsections (a) and (b) above shall then be returned to the Member Agencies in proportion to their proportional financial contributions made to the Authority. (d) Fourth, any property acquired by either Member Agency prior to entering this Agreement shall be returned to the Member Agency which owned the property at the Formation Date; provided, however, that if any such property has been substantially improved, repaired or modified by Authority funds, it shall be distributed pursuant to subsection (e) below. (e) Fifth, any remaining property and assets shall be divided and distributed amongst the Member Agencies pursuant to separate agreement of the Member Agencies entered into at that time. If such subsequent agreement is not successfully negotiated and agreed to within a reasonable period of time, then the remaining property and assets shall be sold and the net proceeds from any sale shall be distributed among the Member Agencies in proportion to their financial and equipment contributions made to the Authority during the operation of this Agreement and any ancillary agreements.
14. Conflict Resolution. The Member Agencies agree that any and all disputes, claims or controversies between the Member Agencies arising out of or relating to performance of this Agreement, shall be resolved pursuant to the conflict resolution provisions as follows:
14.1 The Member Agencies shall first meet and attempt in good faith to negotiate and resolve any dispute arising out of or relating to this Agreement, subject to subsequent approval of any such resolution by the respective governing boards. The Member Agencies may, in each Member Agency’s respective discretion, appoint either an alternative representative of the governing body or an ad hoc committee constituting less than a quorum of the governing body to meet and attempt in good faith to negotiate and resolve any dispute arising out of or relating to this Agreement, subject to subsequent approval of any such resolution by the respective governing boards.
14.2 If the matter is not resolved by negotiation pursuant to Section 14.1 above, then the Member Agencies agree that the matter shall be submitted to mediation within a reasonable period of time after receipt of a written request from one Member Agency to the other Member Agency requesting such mediation. The Member Agencies shall cooperate with one another in selecting a mediator and in scheduling the mediation proceedings. Should the Member Agencies be unable to agree upon a mediator, they shall agree upon a mediation service and shall have that service select a mediator for them. The Member Agencies agree that they shall participate in the mediation in good faith and that they will share equally in the costs of mediation. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the Member Agencies, their agents, employees, experts and attorneys, and by the mediator or any employees of the mediator, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Member Agencies, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
14.3 If the matter is not resolved by negotiation pursuant to Section 14.1 above, or by subsequent mediation pursuant to Section 14.2 above, then the Member Agencies may submit 65501.00001\41161259.15
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the matter to binding or non-binding arbitration, but only if both Member Agencies agree to submit the particular controversy to arbitration. Neither Member Agency shall have a right to submit any controversy to arbitration without the other Member Agency’s consent.
15. New Members.
15.1 Addition of New Members. The Authority may set the terms and conditions for admitting new members (a “New Member Agency”) that it deems appropriate either by amendment to this Agreement or the Bylaws. New members may only be admitted with unanimous approval of the Board and the governing bodies of each Member Agency. Approved new Members shall execute a copy of this Agreement, as amended, and shall thereafter be subject to all terms and conditions contained herein.
15.2 Construction. The terms of this Agreement shall be construed so as to apply to new Members the same as to the initial Member Agencies to the Agreement. New Members shall have the rights and obligations accorded to “Members” or “Member Agencies (whether singular or plural) under this Agreement.
15.3 Cost Share. Prior to the acceptance of any New Member Agency, the proposed New Member Agency shall pay an amount, as determined by the Board, for the proposed New Member Agency’s fair share of any start-up costs or other initial investments incurred by the Authority to admit the New Member Agency.
15.4 Funding of Services. The Authority shall not provide any fire protection or related services within a New Member Agency’s geographic area unless and until the New Member Agency deposits sufficient funds to cover the estimated costs of services for a period of time as determined by the Board, to be not less than six (6) months.
16. Withdrawal. Notwithstanding any other provision of this Agreement, any Member Agency may withdraw from the Authority by providing the Authority with written notice of its intent to withdraw consistent with Section 13.1 of this Agreement, Termination. This includes providing written notice no later than June 30 of any Fiscal Year, a continuing obligation to pay that Member Agency’s contributions for the Fiscal Year ending on the effective date of termination, and following Section 13.1.b. for the procedure where the Members Agency may jointly agree by written consent on the withdrawal of a Member Agency. A withdrawal from the Authority constitutes a withdrawal of that Member Agency’s representatives from the Board of Directors.
17. Effect of Withdrawal. The withdrawal of a Member Agency shall not terminate its responsibility to contribute its share of any obligation incurred by the Authority, including amounts determined by the Board for (1) liabilities and claims accrued during the time the agency was a Member Agency or (2) budgeted expenses for the Fiscal Year in which notice of intent to withdraw is given. Except as the withdrawing Member Agency may agree, in writing, with the Board, the withdrawing Member Agency shall automatically relinquish all rights as a Member Agency under this Agreement, on the effective date of the withdrawal. Upon termination of this Agreement, a Member Agency that has withdrawn will be treated like all other Member Agencies for purposes of disbursement of Authority assets, unless otherwise 65501.00001\41161259.15
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agreed in writing and the remaining Member Agencies of the Authority can maintain the name “Five Cities Fire Authority.”
18. Conflict of Interest Code. The Authority adopts as it Conflict of Interest Code the Fair Political Practices Commission Model Conflict of Interest Code with appropriate substitution regarding references to the Board and Authority officers.
19. General Provisions.
19.1 Integration. This Agreement constitutes the sole, final, complete, exclusive and integrated expression and statement of the terms of this contract among the Member Agencies concerning the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either oral or written, that may be related to the subject matter of this Agreement, except those other documents that are expressly referenced in this Agreement.
19.2 Headings. The section and subsection headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose.
19.3 Consents. Whenever any consent and/or approval is required under this Agreement from any Member Agency, said consent and/or approval shall not be unreasonably withheld.
19.4 Construction and Interpretation. It is agreed and acknowledged by the Member Agencies that this Agreement has been arrived at through negotiation, and that each Member Agency has had a full and fair opportunity to revise the terms of this Agreement. Consequently, the normal rule of construction that any ambiguities are to be resolved against the drafting Member Agency shall not apply in construing or interpreting this Agreement.
19.5 Waiver. The waiver at any time by any Member Agency of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.
19.6 Remedies Not Exclusive. The remedies provided in this Agreement are cumulative and not exclusive, and are in addition to any other remedies that may be provided by law or equity. The exercise by either Member Agency of any remedy under this Agreement shall be without prejudice to the enforcement of any other remedy.
19.7 Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
19.8 Successors and Assigns. Except as otherwise provided by law, the rights and duties of the Member Agencies under this Agreement shall not be assigned or delegated without the prior written consent of the other Member Agency. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. Any approved assignment or delegation shall be consistent with the terms of any contracts, resolutions, indemnities and other obligations of the Authority then in effect, and may be subject to such 65501.00001\41161259.15
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additional reasonable conditions of approval imposed by the Member Agency approving the assignment or delegation.
19.9 No Third Member Agency Beneficiaries. This Agreement shall not be construed to create any third party beneficiaries. This Agreement is for the sole benefit of the Member Agencies, and their permitted successors, transferees and assignees, and no other person or entity shall be entitled to rely upon or receive any benefit from this Agreement or any of its terms.
19.10 Amendment. This Agreement may be modified or amended only by a subsequent written agreement approved by the governing board of each Member Agency and executed by both Member Agencies pursuant to the terms and conditions of this Agreement.
19.11 Governing Law and Venue. Except as otherwise required by law, this Agreement shall be interpreted, governed by, and construed under the laws of the State of California. The County of Riverside shall be the venue for any litigation concerning the enforcement or construction of this Agreement.
19.12 Attorney Fees. In the event any legal action is brought to enforce or construe this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, expert witness and consulting fees, litigation costs and costs of suit.
19.13 Notice. Any notice, demand, invoice or other communication required or permitted to be given under this Agreement shall be in writing and either served personally or sent by prepaid, first class U.S. mail to the City Clerk and City Attorney of each Member Agency.
Any notice or other communication served by personal delivery shall be deemed received when actually delivered. Any notice or other communication shall be deemed as received three days after deposit in United States mail, postage prepaid, return receipt requested.
19.14 Counterparts. This Agreement may be executed by the Member Agencies in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. [signature page follows]
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IN WITNESS WHEREOF, the Member Agencies hereto have executed this Joint Exercise of Powers Agreement as of the date last executed as set forth below.
CITY OF GROVER BEACH
By
Mayor,
Dated
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ARROYO GRANDE
By
Mayor
Dated
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
City Attorney
65501.00001\41215817.1
EXHIBIT A
ADMINISTRATIVE SERVICES
Administrative services shall be provided to the Authority by the Members as follows:
1. Personnel. All personnel working for the Authority will be employed by the City of Arroyo Grande. Personnel, benefits, payroll, and workers compensation matters shall be administered by Arroyo Grande subject to a written agreement between the Authority and the City of Arroyo Grande. The City of Arroyo Grande shall assign all fire service employees on a full-time basis to carry out the functions of this Agreement.
Furthermore, under such written agreement, the City of Arroyo Grande will assign all of its responsibilities of the appointment, promotion, management, training, supervision, evaluation, discipline, and termination of employees as well as labor negotiations with represented employees to the Authority under the Authority’s chain of command and decision making process.
2. Finance. The City of Arroyo Grande shall provide financial services. Financial services shall include the provision of payroll, accounts payable, and accounts receivable services, as well as, any financial reporting and auditing services that may be required.
3. Information Technology. The City of Arroyo Grande shall provide information technology services. Information Technology shall include monitoring and maintaining the company computer systems, installation and configuration of hardware and software, and solving technical issues as they arise.
4. Indirect Contribution. Payment for the services as described in Exhibit A shall be the responsibility of the Member providing the services as referenced in Exhibit A. The payment for such services by said agencies shall be recognized as an indirect contribution made by the respective agency. All indirect contributions shall be recognized in the Authority's budget as a contribution from the respective agency and shall be deducted from the contributing agency's proportional allocation of costs for the operation of the Authority. 65501.00001\41215817.1
EXHIBIT B
FUNDING FORMULA
Effective July 1, 2023, each Member Agency shall pay for the ongoing costs of the Five Cities Fire Authority according to the following formula to be calculated annually when the budget is prepared:
1. 58% of the total costs shall be paid by the City of Arroyo Grande;
2. 42% of the total costs shall be paid by the City of Grover Beach.
Any revenue received by the Authority, such as through a contract for service, reimbursements received for strike team deployment or automatic aid, grant funding, or fees for service, shall reduce the total costs that are then allocated to the Member Agencies according to the above formula.
The funding formula contained herein shall be reevaluated by the Member Agencies at least every two years, prior to the Member Agencies’ biennial budget adoption. 65501.00001\41215817.1
EXHIBIT C
INVENTORY OF SEPARATE PROPERTY OF THE
MEMBER AGENCIES
The following inventory of each Member Agency will become the property and responsibility of the Authority, including but not limited to maintenance, insurance, and replacement:
Arroyo Grande Grover Beach
Engine 6691 – 2007 Pierce Type I Engine Bauer Air-Fill Compressor – GB Station Rescue 6652 – 1996 E-One Rescue
Utility 6632 – 1995 Ford F-250 Pick-Up
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EXHIBIT D
The following map identifies the service areas of the Member Agencies for the JPA.
Contractual services provided to areas outside of these Member Agencies are not depicted on this map.
Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: April 24, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: 2023 City Council Assignments to Boards, Commissions and Committees
RECOMMENDATION
Adopt the Resolution confirming certain Council assignments and authorize the City Clerk to update FPPC Form 806 for posting on the City’s website.
BACKGROUND
The Council annually reviews the list of assignments to determine interest in serving as the City's representative to various external boards, commissions, and committees throughout the county.
The Council’s practice has been to determine assignments (representatives and alternates) through a process of discussion and consensus. The Council previously established 2023 committee assignments on January 24 and is now being asked to update these assignments given the pending appointment of a new Council Member to fill a vacancy on the Council. A draft Resolution is provided to confirm City Council appointments as shown in Attachment 1. Once appointments have been approved by the Council, the names of Council representatives will be submitted to the respective agencies. In addition to these assignments, the Council can create additional assignments to external groups or form Council subcommittees on specific topics on an ad-hoc basis.
One exception to the Council Committee appointment process is regarding the South SLO County Sanitation District. The Memorandum of Understanding between the City and the South SLO County Sanitation District indicates that “The District Board will be composed of the Presiding Officer of the City of Arroyo Grande, the Presiding Officer of the Oceano Community Services District, and the Presiding Officer of the City of Grover Beach, or their respective alternates.” Pursuant to regulations of the Fair Political Practices Commission (FPPC), members of the City Council may participate in the deliberations to appoint him or herself to a compensated position.
Those compensated positions are reported on a specific form available in the City Clerk’s Office and posted to the City website in accordance with FPPC Regulation §18702.5. The form (FPPC Form 806) is updated when there is a change in compensation or representation.
FISCAL IMPACT
There is no anticipated fiscal impact to the City from the recommended action.
Staff Report: 2023 City Council Assignments Page 2
April 24, 2023
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Adopt the Resolution confirming appointments for 2023; or
2. Take no action and carry this item over for discussion to a future meeting; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution confirming certain City Council committee assignments Exhibit A - Assignment Template with Current Assignments Exhibit B – Description of External Boards, Committees, and Commissions (with updated meeting information)
2. FPPC Form 806, (currently posted on City website and scheduled to be revised subsequent to Council action on April 24, 2023).
RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, REVISING CITY COUNCIL COMMITTEE ASSIGNMENTS FOR CALENDAR YEAR 2023
WHEREAS, the City Council is involved in various committees, boards, and organizations that serve the City and provide representation of the City’s interests; and WHEREAS, the City Council considers committee assignments on an annual basis to ensure adequate representation of the City’s elected officials throughout the County; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grover Beach that this Resolution does hereby supersede all prior Resolutions dealing with these Council appointments to various standing committees, boards, and organizations; and that the City representatives from this date forward are designated in the attached Exhibit A in accordance with the description of the assignments as described in Exhibit B.
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 24th day of April 2023.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Attachment 1
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Exhibit A
Resolution No. 23-
COUNCIL APPOINTMENTS FOR 2023
ASSIGNMENT 2023 REPRESENTATIVE ALTERNATE
Advisory Body Screening Committee 1 See below N/A
Air Pollution Control District (APCD) Karen Bright
Central Coast Blue Regional Recycled Water Authority (CCBRRWA) Karen Bright Daniel Rushing Five Cities Fire Joint Powers Authority Daniel Rushing Clint Weirick Homeless Services Oversight Council (HSOC) Clint Weirick Integrated Waste Management Authority (IWMA) Robert Robert Daniel Rushing REACH SLO Advisory Commission Robert Robert
SLO County Water Resources Advisory Committee (WRAC) Clint Weirick Robert Robert SLO Council of Governments / SLO Regional Transit Authority (SLOCOG / SLORTA) Daniel Rushing Karen Bright
South County Transit Committee Daniel Rushing Karen Bright South County Chambers of Commerce Daniel Rushing
South SLO County Sanitation District (SSLOCSD) Karen Bright Clint Weirick Visit SLO CAL Advisory Committee Robert Robert
Zone Three Advisory Committee Daniel Rushing Karen Bright Note: The City updates and posts FPPC Form 806 to the City website to report additional compensation that officials receive when appointing themselves to positions on committees, boards or commissions of a public agency, special district, and joint powers agency or authority.(Pursuant to Regulation 18705.5, amended March 2012)
1Per City Council action on October 16, 2000, Council representation will be the Mayor and one Council Member selected by random drawing.
CITY OF GROVER BEACH
DESCRIPTION OF EXTERNAL BOARDS, COMMISSIONS, AND COMMITTEES Annually, the City Council makes appointments of City Council members to various external boards, commissions, and committees to ensure adequate representation of elected officials throughout the county. Below is further information about each external body along with assignment requirements and past representatives:
1. Advisory Body Screening Committee
Requirement: Mayor and 1 Council Member (who is selected by random drawing pursuant to Council direction on October 16, 2000.)
This committee serves as an interview board for interviewing prospective candidates for one of the City’s three (3) Advisory Bodies. The committee is comprised of the Mayor, one Council Member, and the Chairperson of the respective Advisory Body.
Meetings: Scheduled only when there are vacancies on an Advisory Body and applicants to be considered for appointment(s).
Estimated time commitment for City representative: Minimal. Primarily agenda review, attending meetings as scheduled to interview applicants, and making recommendation(s) to the City Council.
Stipend: None.
2. Air Pollution Control District (APCD)
Requirement: 1 Council Member and 1 Alternate
This is the County-wide legislative authority which deals with clean air maintenance and attainments. The District Board consists of twelve members: five (5) County Supervisors and one (1) City Council representative from each of the seven (7) incorporated cities. City representation was authorized in 1994. As of January 1, 2010, alternates may also be appointed (Health and Safety Code section 40100.5).
Meetings: The fourth Wednesday of every odd-numbered month at 9 a.m. (with some exceptions) in the County Board of Supervisors Chambers, 1055 Monterey Avenue, San Luis Obispo.
Estimated time commitment for City representative: Agenda review of technical materials / information and attending regular meetings (approx. 3 hours) and special meetings / workshops as needed. May require attendance at out of area meetings, if appointed as the APCD Representative or Alternate to the South-Central Coast Air Basin Control Council.
Stipend: $100 per regular meeting attendance (as of July 2009; no additional stipend for attending special meetings or workshops).
2023 Representatives: Karen Bright, Anna Miller (Alternate) Exhibit B
Description of External Boards, Commissions & Committees Page 2
3. Central Coast Blue Regional Recycled Water Authority (CCBRRWA) (Cities of Grover Beach, Arroyo Grande, and Pismo Beach) Requirement: 1 Council Member and 1 Alternate
The Central Coast Blue Regional Recycled Water Authority has responsibility for the operation and maintenance of the Central Coast Blue Project and owns the facility sites, facilities, ancillary facility sites and ancillary facilities. The Authority is governed through a joint powers agreement with the Cities of Grover Beach, Arroyo Grande, and Pismo Beach. The Authority Board consists of an elected official from each agency.
Meetings: Held quarterly on a schedule to be finalized in early 2023 at Grover Beach City Hall, Council Chamber, with special meetings scheduled as needed.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approximately 1.5 hours per quarter) and special meetings, as needed.
Stipend: None
2023 Representatives: Karen Bright, Daniel Rushing (Alternate)
4. Five Cities Fire Joint Powers Authority
(Cities of Grover Beach and Arroyo Grande and the Oceano Community Services District) Requirement: 1 City Council Member and 1 Alternate
The Five Cities Fire Authority provides fire protection services through a joint powers agreement with the Cities of Grover Beach and Arroyo Grande and the Oceano Community Services District.
The Authority Board consists of an elected official from each member agency. The Fire Chief serves as the Executive Officer of the Authority.
Meetings: The third Friday of every month at 10:00 a.m. at Grover Beach City Hall, Council Chamber, with special meetings scheduled as needed.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approximately 1.5 hours per month) and special meetings, as needed.
Stipend: None
2023 Representatives: Daniel Rushing, Clint Weirick (Alternate)
5. Homeless Services Oversight Council (HSOC)
Requirement: 1 City Council Member and 1 Alternate
In 2008, a countywide coalition of cities, agencies, and civic groups formed to improve the County’s approach to homelessness which led to a report entitled A Path to A Home, San Luis Obispo Countywide 10-Year Plan to End Homelessness. The HSOC is an advisory committee formed from this process to discuss the countywide approach to homelessness and services for the homeless, including both housing and supportive services particularly given the County’s updated five-year plan to address homelessness adopted in 2022. Membership is comprised of a broad spectrum of representatives, including the County Board of Supervisors, each City, certain County government departments (health, planning, social services, veteran services, and Description of External Boards, Commissions & Committees Page 3 probation), law enforcement, business organizations, academic institution, faith community, as well as interested community members.
Meetings: Scheduled bi-monthly (six times per year), at a time and date determined by its members and may be changed by a majority vote of the HSOC at any regular meeting. Location varies in San Luis Obispo (County Government Center, San Luis Obispo Veterans’ Memorial Building or the Department of Social Services). The Full HSOC Meetings are held from 1:00 - 3:00 p.m. on the 3rd Wednesdays of every other month, with additional meetings for subcommittees.
Estimated time commitment for City representative: Primarily agenda review and attending meetings (approx. 2 hrs), as well as special meetings/workshops or events as needed.
Stipend: None.
2023 Representatives: Anna Miller, Clint Weirick (Alternate)
6. Integrated Waste Management Authority (IWMA)
Requirement: 1 City Council Member and 1 Alternate
Responsibility includes preparing an integrated waste management plan implementing state mandated legislation (AB 939). The plan will include elements for recycling, composting, education, and various other waste management areas. The role of the authority member is to guide the reduction of the County’s waste stream.
Meetings: Held at 1:30 p.m. on the second Wednesday of each month at the San Luis Obispo County Board of Supervisors Chambers, 1055 Monterey Street, San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approximately 2 hours).
Stipend: $100 per meeting.
2023 Representatives: Robert Robert, Daniel Rushing (Alternate)
7. REACH SLO County Advisory Commission
Requirement: 1 Council Member and 1 Alternate
The San Luis Obispo County Advisory Commission brings together a cross-section of business, government, education and nonprofit leaders convened by the Regional Economic Action Coalition (REACH) to keep a finger on the pulse of the issues, projects, and opportunities specifically in SLO County. Meeting four times a year, Commission members will hear from a variety of dynamic speakers, engage with a network of peers, make recommendations to the REACH Council on job creation initiatives and participate in the advocacy of the REACH mission.
Meetings: Scheduled on the fourth Wednesday in each quarter starting in February (February, May, August and November) from 4:00 p.m. to 5:30 p.m.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approximately 1.5 hours).
Description of External Boards, Commissions & Committees Page 4 Stipend: None.
2023 Representatives: Anna Miller, Robert Robert (Alternate)
8. San Luis Obispo County Water Resources Advisory Committee (WRAC) Requirement: 1 Council Member (*recommended) and 1 Alternate This organization is involved with water supplies and availability of water on a county-wide basis.
The purpose is to advise the County Board of Supervisors concerning all policy decisions relating to water resources of the SLO County Flood Control & Water Conservation District, to recommend specific water resource programs, and to recommend methods of financing water resource programs. (*Appointed representatives are not required to be elected officials, but should be individuals knowledgeable regarding water issues. According to WRAC staff, cities may appoint a Council Member as the lead representative who would be available when policy issues are discussed, with a staff member as the alternate for attending most of the meetings.) Note: Council appointed representatives require approval by the Board of Supervisors.
Meetings: First Wednesday of each month (except July and August), 1:30 p.m. - 3:30 p.m., San Luis Obispo City/County Library Community Room, 995 Palm Street, San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approx. 2.5 - 3 hrs), and special meetings/workshops as needed. Additional time required if volunteering to serve on ad hoc subcommittee assignments approximately six times/year (eg., reviewing biennial water report for County). Ad hoc committee meetings are scheduled as needed.
Stipend: None.
2023 Representatives: Clint Weirick, Robert Robert (Alternate)
9. San Luis Obispo Council of Governments / San Luis Obispo Regional Transit Authority (SLOCOG / SLO RTA)
Requirement: 1 Council Member and 1 Alternate
SLOCOG is a regional governing body organized through a joint powers agreement that has responsibility for transportation planning, housing and infrastructure planning, and other regional coordination needs.
Meetings: First Wednesday of every month (more frequently, if needed) and start at 8:30 a.m. at the County Board of Supervisors Chambers in San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approximately 4-5 hrs for SLOCOG), and special meetings/workshops as needed.
Stipend: $100 per meeting.
SLO RTA is operated through a joint powers agreement with SLOCOG to oversee the countywide transit system. The representative is usually the same representative as the SLOCOG Description of External Boards, Commissions & Committees Page 5 representative as SLORTA meetings start either before or after SLOCOG and has the same Board.
Meetings: First Wednesday of every month either before or after the SLOCOG meeting.
Location: County Board of Supervisors Chambers in San Luis Obispo.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approximately 1.5 - 2 hours for SLORTA), and special meetings/workshops as needed.
Stipend: None.
2023 Representatives: Daniel Rushing, Karen Bright (Alternate)
10. South County Transit Committee (SCTC)
Requirement: 1 Council Member and 1 Alternate
This committee is an advisory body to the San Luis Obispo Regional Transit Authority Board and is tasked with providing a recommendation to the Board on the budget and services provided to the South County area in the subsequent fiscal year. The Cities of Grover Beach, Arroyo Grande, and Pismo Beach are represented on the Committee along with the County. The SCTC representative would be the representative of the SLOCOG/RTA.
Meeting: Held annually prior to May 1st at the Board of Supervisors’ Chambers.
Estimated time commitment for City representative: Primarily agenda review and attending regular meetings (approx. 1 – 1.5 hours) and special meetings as needed.
Stipend: None.
2023 Representatives: Daniel Rushing, Karen Bright (Alternate)
11. South County Chambers of Commerce
Requirement: None.
The Council annually designates a City Council representative to attend Chamber events and meetings of the Chamber’s Grover Beach Steering Committee and Government Affairs Committee. The City Manager, or designee, is the staff liaison and program manager for operational agreements and work efforts between the City and the Chamber.
Meetings: The Chamber holds monthly events for the entire membership - lunches, educational workshops, mixers, special events, ribbon cuttings, etc.
Estimated time commitment for City representative: Attending Chamber events, as scheduled and Government Affairs meeting (approx. 1-3 hours).
Stipend: None.
2023 Representatives: Anna Miller, Daniel Rushing (Alternate) Description of External Boards, Commissions & Committees Page 6
12. South San Luis Obispo County Sanitation District (SSLOCSD) Requirement: Mayor or Mayor’s Designee and 1 Alternate
The City contracts with the Sanitation District for wastewater collection and treatment. The District is governed by a Board of Directors composed of the presiding officer from the Cities of Grover Beach and Arroyo Grande and the Oceano Community Services District, or their respective alternates (per Memorandum of Understanding between the City and the Sanitation District, as well as Health and Safety Code sections 4730-4735)
Meetings: The first and third Wednesdays of each month at 6:00 p.m. Location rotates between member agencies - Arroyo Grande and Grover Beach Council Chambers, and the Board Chamber for the Oceano Community Services District.
Estimated time for City representative: Primarily agenda review and attendance at regular meetings (average 2-4 hours) with special meetings/workshops, as needed.
Stipend: $100 per meeting (2 meetings held/month)
2023 Representatives: Karen Bright, Clint Weirick (Alternate)
13. Visit SLO CAL - Advisory Committee
Requirement: 1 City Council Member and 1 Alternate (non-voting capacity) Visit SLO County promotes countywide tourism opportunities and complements the efforts of local communities and organizations. It is a private, non-profit organization with membership comprised of local businesses, chambers of commerce, County government, and most incorporated cities in the County.
With the formation of the Tourism Marketing District in 2015 and district renewal in 2020, voting members of the Board of Directors must be a representative of an assessed lodging business, except for the County representative. During formation of the Tourism Marketing District, an Advisory Committee was established. The Advisory Committee is made up of one elected official and the city manager from each jurisdiction, and a representative of the County.
Meetings: Twice annually (May and December).
Estimated time commitment for City representative: Consists primarily of agenda review and attending meetings and workshops, as needed. (approximately 1.5 - 2 hours).
Stipend: None
2023 Representatives: Anna Miller, Robert Robert (Alternate) Description of External Boards, Commissions & Committees Page 7
14. Zone Three Advisory Committee
Requirement: 1 Council Member and 1 Alternate
This is a County-organized committee to handle the operation of Lopez Lake for both recreation and water facilities. The Advisory Committee works closely with the Zone 3 Technical Advisory Committee. Council-appointed representatives require final approval by the Board of Supervisors.
Meetings: Scheduled on the third Thursday of every odd numbered month (Jan, Mar, May, etc.) at 6:30 p.m., and held in the Council or Board Chamber of the local member agencies on a rotating basis - Grover Beach, Arroyo Grande, Oceano, and Pismo Beach.
Estimated time commitment for City representative: Primarily agenda review of technical materials/information and attending regular meetings (approx. 2 hours) and special meetings/workshops as needed. May occasionally require additional time to meet with City staff, depending upon the complexity of the agenda item(s).
Stipend: None.
2023 Representatives: Daniel Rushing, Karen Bright (Alternate) Agency Report of:
Public Official Appointments A Public Document
1. Agency Name
City of Grover Beach
California 8
Form
For Official Use Only Division, Department, or Region (If Applicable) Designated Agency Contact (Name,Title)
Wendi B. Sims, City Clerk