Agenda packet — Grover Beach City Council, September 11, 2023

AGENDA

GROVER BEACH CITY COUNCIL

GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET

GROVER BEACH, CALIFORNIA
MONDAY, SEPTEMBER 11, 2023, 6:00 PM
Next Resolution No .23-31
Next Ordinance No. 23-03

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

FLAG SALUTE
ROLL CALL Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright

CLOSED SESSION ANNOUNCEMENTS
On Monday, August 28, 2023, at 8:42 p.m. the City Council to meet in Closed Session regarding the following item:

A. Public Employee Performance Evaluation –
Consistent with Government Code Section 54957 (b)(1) Title: (City Manager) Closed Session Announcements: At 9:37 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present and announced they deliberated on City Manager Bronson’s performance and whether he warrants a salary adjustment and then directed staff to return in open session on September 11th, with a contract amendment No. 3 to his employment agreement. Council will consider in open session on September 11th as to the amount of compensation, if any.

AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.

Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item.

Agenda: Grover Beach City Council Meeting Page 2
Monday, September 11, 2023

CEREMONIAL CALENDAR

1. Proclamation for Patriots Day

2. Proclamation for National POW/MIA Recognition Day

PRESENTATIONS
None

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. Minutes of the City Council Regular Meeting on Monday, August 28, 2023, and the Special City Council Meeting on Tuesday, September 5, 2023 – City Clerk Sims (Recommended Action: Approve the minutes as submitted or revised.)

VOICE VOTE

4. City Manager Employment Agreement Amendment #3 – City Attorney Hale (Recommended Action: Approve Amendment #3 to the City Manager Employment Agreement regarding position compensation.)

ROLL CALL VOTE

5. Letter of Support for Assembly Constitutional Amendment 13 – Assistant City Manager Eriksson
(Recommended Action: Authorize the Mayor to sign a letter supporting Assembly Constitutional Amendment 13 (ACA 13), also known as the “Protect and Retain the Majority Vote Act”.)

ROLL CALL VOTE

6. Award of Contract for Construction Management Services CIP 2287 – West Grand Avenue Streetscape Project (4th-8th Streets) – CIP Manager Wiggin (Recommended Action: Approve an agreement with Cannon Corporation in the amount of $492,410 for construction management services associated with the CIP 2287 – West Grand Avenue Streetscape Project (4th – 8th Streets) and authorize the Mayor to execute the agreement on behalf of the City.)

ROLL CALL VOTE

PUBLIC HEARING
None
Agenda: Grover Beach City Council Meeting Page 3
Monday, September 11, 2023

REGULAR BUSINESS

7. FY 2022-23 Year-End Financial Review – Finance Manager Zarate (Recommended Action: Receive a report on the FY 2022-23 Year-End Financial Review.)

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: Robert Robert) Central Coast Blue Regional Recycled Water Authority Karen Bright (Alt: Daniel Rushing) (CCBRRWA)
South SLO County Sanitation District (SSLOCSD) Karen Bright (Alt: Clint Weirick) 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) Homeless Services Oversight Council (HSOC) Clint Weirick (Alt: Zach Zimmerman) SLO County Water Resources Advisory Committee (WRAC) Clint Weirick (Alt: Robert Robert) REACH Zach Zimmerman (Alt: Robert Robert)
South County Chambers of Commerce Zach Zimmerman (Alt: Daniel Rushing) Visit SLO CAL Advisory Committee Zach Zimmerman (Alt: Robert Robert)

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

CITY MANAGER’S REPORTS AND COMMENTS

CITY ATTORNEY’S REPORTS AND COMMENTS

Agenda: Grover Beach City Council Meeting Page 4
Monday, September 11, 2023

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

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

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
RECOGNIZING SEPTEMBER 11, 2023 as
“PATRIOTS DAY”
WHEREAS, September 11, 2023, marks the 22nd anniversary of the tragic events that unfolded on September 11, 2001, a day forever etched in the hearts and minds of Americans; and
WHEREAS, on that fateful day, our nation witnessed acts of unspeakable terror that claimed the lives of nearly 3,000 innocent individuals and forever altered the landscape of our country; and
WHEREAS, in the face of adversity and devastation, countless acts of heroism, sacrifice, and unity emerged, as first responders, law enforcement personnel, and ordinary citizens demonstrated unwavering courage and selflessness; and WHEREAS, September 11th is recognized by Federal law as Patriots Day, a day of remembrance that stands as a solemn reminder of the resilience, compassion, and unity that define the spirit of our great nation; and
WHEREAS, on this Patriots Day, we honor the memory of the lives lost and pay tribute to the enduring strength of survivors, families, and communities affected by the events of September 11, 2001, by flying the American flag at half-staff; and WHEREAS, we recognize the dedication and sacrifices of our military personnel, first responders, and all those who continue to serve and protect our country, upholding the ideals and values upon which our nation was founded; and
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council does herby officially proclaim September 11, 2023, as “Patriots Day” in Grover Beach, and urges all citizens to observe this day with reflection, remembrance, and acts of kindness in honor of those who perished, those who survived, and those who continue to safeguard our freedoms.

IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 11th day of September, 2023.

Karen Bright, Mayor
Attest:

Wendi Sims, City Clerk
Agenda Item No. 1
Karen Bright, Mayor
Attest:

Wendi Sims, City Clerk

PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
DECLARING SEPTEMBER 15, 2023 as
“NATIONAL POW/MIA RECOGNITION DAY”
WHEREAS, on this day, we gather as a community to honor and remember the brave men and women who have served our nation with unwavering dedication and who, as prisoners of war (POWs) or missing in action (MIAs), have made extraordinary sacrifices in the defense of our freedom and the principles we hold dear; WHEREAS, we recognize that the families of these courageous individuals have endured the pain of separation and the anguish of uncertainty, bearing a heavy burden as they await the return of their loved ones or seek closure and solace through the knowledge that their sacrifices are not forgotten;
WHEREAS, the National POW/MIA Recognition Day serves as a solemn reminder of our duty to honor and remember all those who have served in uniform and to ensure that no one is left behind or forgotten, reaffirming our commitment to the values of loyalty, duty, and respect for those who have borne the cost of our liberty; NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council does herby officially proclaim September 15, 2023, as “NATIONAL POW/MIA RECOGNITION DAY” in Grover Beach and call on upon all citizens to join together in recognizing and honoring our POW’s and MIA’s, their families and all those who have served in our armed forces with courage and distinction.

IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 15th day of September, 2023.

Agenda Item No. 2

MINUTES

CITY COUNCIL MEETING
MONDAY, AUGUST 28, 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 Payton Coelho, 6 years old in first grade at Fairgrove Elementary.

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

City Staff: City Manager Matthew Bronson, City Attorney David Hale, Deputy City Manager Kristin Eriksson, City Clerk Wendi Sims, Administrative Services Director Deanne Purcell, Community Development Director Megan Martin, Commander Bryan Millard, and Senior Planner Rafael Castillo was also present.

CLOSED SESSION ANNOUNCEMENTS:

On Monday, July 24, 2023, at 8:29 p.m. the City Council to meet in Closed Session regarding the following item:

A. Public Employee Performance Evaluation –
Consistent with Government Code Section 54957 (b)(1) Title: (City Manager) Closed Session Announcements: At 9:04 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present and announced there were no recordable actions.

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

CEREMONIAL CALENDAR

1. Proclamation for National Preparedness Month was read by Mayor Bright and accepted on behalf of Grover Beach first responders by Commander Millard.

PRESENTATIONS

2. Oceano Dunes Stewardship Study (Visit SLO CAL) presented by Chuck Davidson, President & CEO of Visit SLO CAL.

Agenda Item No. 3
Minutes: City Council Meeting Page 2
Monday, August 28, 2023
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda.
• Debra Ugalde
• Lynn Austin
• Stephen Hanamaika
• Marlene Jeung
No further comments were received and the Mayor closed the Public Communications segment for this portion of the meeting.

CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Bright invited public comment on the items under the Consent Agenda. At this time Mayor Bright asked if there was anyone who would like to make any public comments. No comments were received and the Mayor closed public comment.

At this time Mayor Bright asked to pull Consent Agenda Item number 9 for further discussion after the motion and vote on the remaining Consent items.

It was motioned by Mayor Pro Tem Robert and seconded by Council Member Rushin to approve Consent Agenda Item Nos 3, 4, 5, 6, 7, 8, 10, and 11 as recommended. The motion carried on the following voice vote:

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

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

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

Action: Approved the Treasurer’s Report as submitted.

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

Action: Approved the Treasurer’s Report as submitted.

5. Minutes of the City Council Meeting of Monday, July 24, 2023.

Action: Approved the minutes as submitted.

6. Resolution to Update FY 2023-24 Master Fee Schedule
Action: Adopted the Resolution No. 23-28 amending the Master Fee Schedule approving changes to fees including the annual cannabis audit fee and fire building inspection fee and to move fees from the former Parks and Recreation Department to the City Management Department to conform to organizational changes, to become effective immediately.

Minutes: City Council Meeting Page 3
Monday, August 28, 2023
Resolution No. 23-28: A Resolution of the City Council of the City of Grover Beach, California Amending the Master Fee Schedule

7. Professional Services Agreement for the Purchase and Implementation of Sedaru Utility Management Software
Action: Adopted the Resolution No. 23-29 to reclassify the Job Classifications of Deputy City Manager to Assistant City Manager, and Management Analyst/Human Resources to Human Resources Officer and set the salary schedule.

Resolution No. 23-29: A Resolution of the City Council of the City of Grover Beach, California, to Adopt the Resolution to Reclassify the Job Classifications of Deputy City Manager to that of Assistant City Manager, and Management Analyst/Human Resources to that of Human Resources Officer and Set the Salary Schedule

8. Resolution to Delegate Authority for Determining Industrial Disability to the City Manager Pursuant to Government Code Sections 21156 and 211173 Action: Adopted the Resolution No. 23-30 to Delegate Authority for Determining Industrial Disability to The City Manager Pursuant to Government Code Sections 21156 And 21173.

Resolution No. 23-30: A Resolution of the City Council of the City of Grover Beach, California, to Adopt the Resolution Delegating Authority for Determining Industrial Disability to the City Manager Pursuant to Government Code 21156 and 21173

10. Sewer Upgrades Project (CIP 5002) Rejection of All Bids Action: Rejected all bids for the Sewer Upgrades Project (CIP 5002) and provided direction to staff to modify the project and re-advertise for bids as soon as possible.

11. Five Cities Fire Authority Fire Prevention Agreement and Delegation of Authority to the City of Grover Beach
Action: Adopted the Resolution No. 23-27 authorizing the Mayor and the Chief of Police to sign a Federal Equitable Sharing Agreement that will allow the City to receive federally forfeited assets from adjudicated cases, pursuant to the Federal Equitable Sharing Program.

PULLED ITEM FROM CONSENT AGENDA

9. Selection of Voting Delegate and Alternate(s) for the 2023 League of California Cities Annual Conference
Action: It was motioned by Council Member Rushing and seconded by Mayor Bright to amend the action to have Council Member Weirick to serve as delegate and Mayor Pro Tem Robert or Council Member Rushing to serve as alternate(s) for the upcoming annual business meeting to be held at the League of California Cities Annual Conference. The motion carried on the following voice vote:

Minutes: City Council Meeting Page 4
Monday, August 28, 2023
AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

PUBLIC HEARING

12. Second Reading and Adoption of an Ordinance to Repeal Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code
Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Deputy City Manager Eriksson gave a brief PowerPoint presentation.

Mayor Bright invited public comment on this matter.

No public comments were received at this time and the Mayor closed public comments.

Action: It was motioned by Council Member Rushing and seconded by Council Member Zimmerman to conduct a public hearing for the second reading and adoption of an Ordinance No. 23-02 to repeal Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code.)
AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.

ABSENT: Council Members – None.

ABSTAIN: Council Members – None.

Ordinance No. 23-02: An Ordinance of the City Council of the City of Grover Beach, California, Repealing of Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services), of Article II (Administration) and Adding a New Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code

REGULAR BUSINESS

13. Short Term Rental Program Update
Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Minutes: City Council Meeting Page 5
Monday, August 28, 2023
Senior Planner Castillo gave PowerPoint presentation giving the Short Term Rental Update.

Mayor Bright invited public comment on this matter.
• Ann Taylor
No additional public comments were received at this time and the Mayor closed public comments.

Action: Council receive an update on the implementation of the City’s Short Term Rental Program and provide policy direction to staff on potential revisions to the program.

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 Weirick reported on the Homeless Services Oversight Council (HSOC) and the South SLO County Sanitation District (SSLOCSD).

Mayor Pro Tem Robert reported on the Integrated Waste Management Authority (IWMA).

Council Member Rushing reported on the Five Cities Fire Authority (FCFA) and the SLO Council of Governments (SLOCOG).

Council Member Zimmerman reported on the South County Chambers of Commerce.

COUNCIL COMMUNICATIONS
Council Member Weirick requested Council consensus for two proclamations for the upcoming meetings, for the 125 birthday of the League of California Cities, and for the 60th Anniversary for the South SLO County Sanitation District, which the Council gave Consensus. He then highlighted various Grover Beach functions and events he attended since the last meeting in July.

Mayor Pro Tem Robert mentioned the Stone Soup Concert and the events at the Grange.

Council Member Rushing made comments about our great community.

Council Member Zimmerman echoed Council Member Rushing’s comments on our great community and being compassionate towards each other.

Mayor Bright also thanked the citizens of Grover Beach for their compassion and mentioned the Minutes: City Council Meeting Page 6
Monday, August 28, 2023
Movie in the Park hosted by Grover Beach Police Department and the Marti Paws Parade at the Stone Soup Concert as well as the meeting with the Grand Jury that her and City Manager Bronson attended.

CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson also made a comment about the community’s diversity and inclusivity.

He also mentioned the recruitment for the new Fire Chief for the Five Cities Fire Authority, as well as, the recruitment for the Administrative Services Director. He then mentioned the Public Works staff making a presentation at the American Public Works Association International Conference in San Diego and the topic is our Measure K-14 Street Repair Program. Before ending his comments City Manager Bronson did bring up the request from the Five Cities Repair Café for the City’s sponsorship for the next event by waiving the facilities fees that are normally charged with the Council giving their consensus.

CITY ATTORNEY’S REPORTS AND COMMENTS
None

CLOSED SESSION
At 8:42 p.m., the Council met in Closed Session regarding the following item:

ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 9:39 p.m.
_____________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

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

MINUTES

SPECIAL CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 5, 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.

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

City Staff: City Manager Matthew Bronson, City Attorney David Hale, Assistant City Manager Kristin Eriksson, City Clerk Wendi Sims, Administrative Services Director Deanne Purcell, and Acting Public Works Director/City Engineer Gabriel Munoz-Morris were also present.

PUBLIC COMMUNICATIONS
The Mayor opened the floor to any member of the public for comment on any items listed on the agenda.
• Geoff English
No one else responded and the Mayor closed the Public Communications segment for this portion of the meeting.

WORKSHOP

1. Utility Rate Study Workshop
Mayor Bright read the title to the foregoing item and deferred to staff for a report.

Administrative Services Director Purcell introduced Tuckfield & Associates Consultant Clayton Tuckfield who gave a PowerPoint presentation.

Mayor Bright invited public comment on this matter. No public comments were received and the Mayor closed public comment.

Action: Council Received the Utility Rate Study Findings and gave staff direction to proceed with the Proposition 218 noticing process.

ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 6:52 p.m.
_____________________________

KAREN BRIGHT, MAYOR
Attest:
______________________________

WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
TO: Honorable Mayor and City Council DATE: September 11, 2023 FROM: David P. Hale, City Attorney
PREPARED BY: David P. Hale, City Attorney
SUBJECT: City Manager Employment Agreement Amendment #3

RECOMMENDATION
Approve Amendment #3 to the City Manager Employment Agreement regarding position compensation.

BACKGROUND
The City Council hired Matthew Bronson as City Manager for a four-year term beginning on June 15, 2016. Following a comprehensive evaluation process in 2019 led by an outside firm, the Council on September 3, 2019 approved Amendment #1 to the City Manager Employment Agreement to extend the term of employment an additional four years to 2024 and approve adjustments to compensation consistent with comparable agencies. The Council on September 13, 2021 met in closed session to conduct an annual performance review of Mr. Bronson and thereafter in open session approved adjustments to his compensation along with other benefits addressed in Amendment #2. The City Manager Employment Agreement and Amendments #1 and #2 are shown in Attachment 2.

On August 28, 2023, the Council conducted a closed session to review the performance of Mr.

Bronson as part of his annual performance review. Similar to 2019, this was a comprehensive evaluation process led by an outside firm. This closed session included a favorable discussion of his performance of duties and responsibilities under the current contract along with other pertinent terms and conditions given the strong level of performance indicated by the Council. The Council subsequently directed staff in open session to bring back an amendment to the City Manager’s Employment Agreement consistent with the results of this performance review.

Consistent with this direction, staff hereby recommends that the Council, as part of this agenda item, consider and approve the following amendments to the City Manager’s current agreement:
• Salary increase of $16,233 raising the City Manager’s salary from its current level of $231,900 to $248,133 which represents a 7% market equity increase to equal the median salary level of San Luis Obispo County City Managers.
• Review and reclassification of the City Manager salary range on an annual basis to equal the median salary level of San Luis Obispo County City Managers if the City Manager’s salary is lower than the median level.

The above modifications represent a total annual compensation increase of $16,233. The salary amount is equivalent to the median salary and total compensation levels of the seven City Managers within San Luis Obispo County and comparable to other benchmark cities in the region used for the City’s salary surveys. Achieving parity with this median compensation level is also consistent with the organization’s overall approach to employee compensation.

Agenda Item No. 4

CITY COUNCIL STAFF REPORT
Staff Report: City Manager Employment Agreement Amendment #3 September 11, 2023

FISCAL IMPACT
The annual fiscal impact to the General Fund is estimated to be $16,233 with a prorated amount for the remainder of this fiscal year. This cost will be absorbed in the City’s operating budget.

ALTERNATIVES
The City Council has the following alternatives to consider:

1. Approve Amendment #3 to the City Manager Employment Agreement; or

2. Do not approve Amendment #3 to the City Manager Employment Agreement; or

3. Provide alternative direction to staff.

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

Attachments

1. Amendment #3 to City Manager Employment Agreement

2. City Manager Employment Agreement and Amendments #1 and #2 Attachment 1
AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT

BY AND BETWEEN CITY OF GROVER BEACH,

A MUNICIPAL CORPORATION AND

MATTHEW BRONSON, CITY MANAGER
This third amendment to the Matthew Bronson, City Manager, Employment Agreement, by and between the City of Grover Beach, a municipal corporation (hereinafter called “Employer”) and Matthew Bronson, (hereinafter called “Employee”) is effective upon September 11, 2023 (the “Effective Date”).

Employer and Employee entered into an employment agreement on May 16, 2016, otherwise referred to herein as (“the Agreement”) for a term of four years to provide numerous services and duties related to the position of City Manager.

Employer subsequently approved Amendment No. 1 to the City Manager Employment Agreement on September 3, 2019 for an additional four-year term expiring June 15, 2024 consistent with the terms and conditions of the Agreement modified and amended by Amendment No. 1.

Employer subsequently approved Amendment No. 2 to the City Manager Employment Agreement on September 13, 2021 consistent with the terms and conditions of the Agreement modified and amended by Amendment No. 2 including an additional four-year term expiring June 15, 2028.

Employer and Employee request and desire to modify said Agreement to adjust the City Manager’s compensation consistent with the terms and conditions of the Agreement modified and amended by this Amendment No. 3.

THE PARTIES THEREFORE AGREE AS FOLLOWS:

1. Section 3, entitled Compensation, subsection “A” is hereby amended with the following language:

A. Base Salary: Employer agrees to pay Employee an annual base salary of $248,133.00 payable in installments at the same time that the other management employees of the Employer are paid. The Employer agrees to make cost of living adjustments to the salary and benefits of the Employee commensurate with other management employees of the Employer. To ensure that Employee compensation remains competitive in the market, the Employer agrees to annually review and reclassify the salary range of the Employee to equal the median salary level of San Luis Obispo County city managers if the Employee’s salary is below the median level at that time. To the extent the Employee’s salary on that date exceeds the median salary level of the San Luis Obispo County city managers, there shall be no reclassification of Employee’s salary.

In the event of any conflict between the body of this Amendment No. 3 and any exhibits or attachments to the Agreement, or with the terms and conditions of the Agreement, the terms and conditions of the body of this Amendment No. 3 shall control and take precedence.

All terms used in this Amendment No. 3, unless otherwise defined herein, shall have the same meaning assigned to such terms in the Agreement.

Except as expressly modified and amended hereby, the Agreement shall remain in full force and effect. Commencing on the effective date of this Amendment No. 3, references in the Agreement to “Agreement” shall mean the Agreement as hereby amended.

IN WITHNESS WHEREOF, the authorized agents of the parties hereto have executed this Amendment No. 3, at Grover Beach, California, on the 11th of September, 2023.

City of Grover Beach
A California Municipal Corporation
By:

Karen Bright, Mayor
Date:

Matthew Bronson
Date:

Attachment 2
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT

BY AND BETWEEN CITY OF GROVER BEACH,

A MUNICIPAL CORPORATION AND

MATTHEW BRONSON, CITY MANAGER
This first amendment to the Matthew Bronson, City Manager, Employment Agreement, by and between the City of Grover Beach, a municipal corporation (hereinafter called “Employer”) and Matthew Bronson, (hereinafter called “Employee”) is effective upon September 4, 2019, (“Effective Date”)
Employer and Employee entered into an employment agreement on May 16, 2016, otherwise referred to herein as (“the Agreement”) for a term of four years to provide numerous services and duties related to the position of City Manager.

Employee’s Agreement will expire on June 15, 2020 and Employer and Employee request and desire to renew said Agreement for an additional four-year term consistent with the terms and conditions of the Agreement modified and amended by this Amendment No. 1.

THE PARTIES THEREFORE AGREE AS FOLLOWS:

1. Section 1, entitled Term, is hereby deleted in its entirety and replaced with the following language:

A. This agreement shall remain in full force and effect through June 15, 2024 or until terminated by the Employer or Employee as provided in Section 9, 10, or 11 of this agreement.

2. Section 3, entitled Compensation, subsection “A” is hereby amended with the following language:

A. Base Salary: Employer agrees to pay Employee an annual base salary of $204,000.00, payable in installments at the same time that the other management employees of the Employer are paid.

3. Section 7, entitled Retirement, subsection “B” is hereby amended as follows:

A. Employer shall contribute $300.00 per month on behalf of employee.

In the event of any conflict between the body of this Amendment No. 1 and any exhibits or attachments to the Agreement, or with the terms and conditions of the Agreement, the terms and conditions of the body of this Amendment No. 1 shall control and take precedence.

All terms used in this Amendment No. 1, unless otherwise defined herein, shall have the same meaning assigned to such terms in the Agreement.

Except as expressly modified and amended hereby, the Agreement shall remain in full force and effect. Commencing on the effective date of this Amendment No. 1, references in the Agreement to “Agreement” shall mean the Agreement as hereby amended.

IN WITHNESS WHEREOF, the authorized agents of the parties hereto have executed this Amendment No. 1, at Grover Beach, California, on of September, 2019.

City of Grover Beach
A California Municipal Corporation
By:

Jeff Lee, Mayor
Date:

Matthew Bronson
Date:

AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT

BY AND BETWEEN CITY OF GROVER BEACH,

A MUNICIPAL CORPORATION AND

MATTHEW BRONSON, CITY MANAGER
This second amendment to the Matthew Bronson, City Manager, Employment Agreement, by and between the City of Grover Beach, a municipal corporation (hereinafter called “Employer”) and Matthew Bronson, (hereinafter called “Employee”) is effective upon September 14, 2021, (“Effective Date”)
Employer and Employee entered into an employment agreement on May 16, 2016, otherwise referred to herein as (“the Agreement”) for a term of four years to provide numerous services and duties related to the position of City Manager.

Employer and Employee request and desire to modify said Agreement for an additional four-year term expiring June 15, 2028 consistent with the terms and conditions of the Agreement modified and amended by this Amendment No. 2.

THE PARTIES THEREFORE AGREE AS FOLLOWS:

1. Section 1, entitled Term, is hereby amended with the following language:

A. This agreement shall remain in full force and effect through June 15, 2028 or until terminated by the Employer or Employee as provided in Section 9, 10, or 11 of this agreement.

2. Section 3, entitled Compensation, subsection “A” is hereby amended with the following language:

A. Base Salary: Employer agrees to pay Employee an annual base salary of $215,362, payable in installments at the same time that the other management employees of the Employer are paid. The Employer agrees to make cost of living adjustments to the salary and benefits of the Employee commensurate with other
management employees of the Employer. To ensure that
Employee compensation remains competitive in the market, effective June 15, 2024 the Employer agrees to reclassify the salary range of the Employee to equal the average salary level of San Luis Obispo County city managers if the Employee’s salary is below the average level at that time. To the extent the Employee’s

EMPLOYMENT AGREEMENT

FOR CITY MANAGER SERVICES

BETWEEN THE CITY OF GROVER BEACH AND

MATTHEW BRONSON
I
Agreement: City Manager Services - Matthew Bronson
Contents
Introduction 3
Section 1: Term 3
Section 2: Duties and Authority 3
Section 3: Compensation 4
Section 4: Health, Disability and Life Insurance Benefits 4 Section 5: Vacation, Sick, Holiday, Administrative and Military Leave 5 Section 6: Automobile 5
Section 7: Retirement 6
Section 8: General Business Expenses 6
Section 9: Termination 7
Section 10: Severance 8
Section 11: Resignation 8
Section 12: Performance Evaluation 8
Section 13: Hours of Work 9
Section 14: Ethical Commitments 9
Section 15: Outside Activities 9
Section 16: Moving and Relocation Expenses 10
Section 17: Indemnification 10
Section 18: Bonding 10
Section 19: Other Terms and Conditions of Employment 11 Section 20-21: Notices and General Provisions 11
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Agreement: City Manager Services- Matthew Bronson
Introduction
This Agreement, made and entered into this 16th day of May, 2016, by and between the City Council of the City of Grover Beach, a municipal corporation, (hereinafter called "Employer") and Matthew Bronson, (hereinafter called "Employee") an individual who has the education, training and experience in local government management and who, as a member of the International City/County Management Association (ICMA), is subject to the ICMA Code of Ethics, both of whom agree as follows:

Section 1: Term
A. This agreement shall remain in full force and effect from June 15, 2016 for a period of four (4) years or until terminated by the Employer or Employee as provided in Section 9, JO or 11 of this agreement.

Section 2: Duties and Authority
A. Employer agrees to employ Employee as City Manager to perform the functions and duties specified in City Municipal Code and State Jaw, and to perform other legally permissible and proper duties and functions without interference.

B. Employee is the chief executive officer of the Employer and shall faithfully perform the duties as prescribed in the job description as set forth in the Employer's Municipal Code and/or ordinances and as may be lawfully assigned by the Employer and shall comply with all lawful governing body directives, state and federal law, Employer policies, rules and ordinances as they exist or may hereafter be amended.

C. Specifically, it shall be the duty of the Employee to employ on behalf of the Employer all other employees of the organization consistent with the St ate 1aw s, policies of the governing body and the ordinances of the Employer.

D. It shall also be the duty of the Employee to direct, assign, reassign and evaluate all of the employees of the Employer consistent with policies, ordinances, charter, state and federal law.

E. It shall also be the duty of the Employee to organize, reorganize and arrange the staff of the Employer and to develop and establish internal regulations, rules and procedures which the Employee deems necessary for the efficient and effective operation of the Employer consistent with the lawful directives, policies, ordinances, state and federal law.
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Agreement: City Manager Services- Matthew Bronson
F. It shall also be the duty of the Employee to accept all resignations of employees of the Employer consistent with the policies, ordinances, state and federal law, except the Employee's resignation, which must be accepted by the governing body.

G. The Employee shall perform the duties of Grover Beach City Manager with reasonable care, diligence, skill and expertise.

H. All duties assigned to the Employee by the governing body shall be appropriate to and consistent with the professional role and responsibility of the Employee.

I. The Employee cannot be reassigned from the position of City Manager to another position without the Employee's express written consent.

J. The Employee or designee shall attend, and shall be permitted to attend, all meetings of the governing body, both closed and open, with the exception of those closed meetings devoted to the subject of this Agreement or any amendment thereto or the Employee's evaluation or otherwise consistent with state law.

K. The City Council, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints and suggestions called to their attention to the Employee for study and/or appropriate action.

Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee an annual base salary of $176,000.00, payable in installments at the same time that the other management employees of the Employer are paid.

B. The Employer agrees to consider adjustments to the compensation of the Employee dependent upon the results of the performance evaluation conducted under the provisions of Section 12 of this Agreement. Increased compensation can be in the form of a salary increase and/or performance incentive and/or an increase in benefits.

Section 4: Health, Disability and Life Insurance
Benefits
A. The Employer agrees to provide and to pay the premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and his/her dependents, at a minimum, equal to that which is provided to all executive 41Page
Agreement: City Manager Services • Matthew Bronson
management employees of the City of Grover Beach. In the event no such plan exists, Employer agrees to provide coverage for the Employee and dependents in a manner mutually agreed upon by Employer and Employee.

B. The Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee.

C. The Employer shall pay the amount of premium due for term life insurance in the amount of $125,000.00. The Employee shall name the beneficiary of the life insurance policy.

Section 5: Vacation, Sick, Holiday, Administrative
and Military Leave
A. Upon commencing employment, the Employee shall be credited with 40 accrued sick leave hours and 80 accrued vacation leave hours. In addition, beginning the first day of employment, Employee shall accrue sick leave vacation leave and holidays consistent with the policies in effect for executive employees, except that employee shall be credited with seven (7) years of service for vacation accrual purposes only.

Employee will also be entitled to eighty-eight (88) hours of Administrative Leave annually earned accrued at 7.33 hours per month.

B. In the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time, administrative leave, and other benefits to date. Unused sick leave may be compensated subject to the provisions in place for executive management employees.

C. The Employee shall be entitled to military reserve leave time pursuant to state law and City personnel policy.

Section 6: Automobile
A. The Employee's duties require exclusive and unrestricted use of an automobile.

Employee shall receive $4,000 annual allowance for automobile related expenses.

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Agreement: City Manager Services - Matthew Bronson
Section 7: Retirement
A. The Employer agrees to enroll the Employee into the applicable state or local retirement system for a PERS classic employee (2.5 @ 55 with 12 months final compensation) and to make all the appropriate contributions on the City.

Employee's contribution is 8%.

B. In addition to the Employer's payment to the state or local retirement system (as applicable) referenced above, Employer agrees to execute and keep in force a Section 457 deferred compensation plan for Employee's participation in said supplementary retirement plan. Employer shall contribute $150.00 per month on behalf of employee.

Section 8: General Business Expenses
A. Employer agrees to budget and pay for professional dues, including, but not limited to the International City/ County Management Association, and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable or the Employee's continued professional participation, growth, and advancement, and for the good of the Employer.

B. Employer agrees to budget and pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state and local governmental groups and committees in which Employee serves as a member.

C. Employer also agrees to budget and pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer.

D. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee and agrees to reimburse or to pay said general expenses.

Such expenses may include meals where Employer business is being discussed or conducted and participation in social events of various organizations when representing the Employer. Such expenditures are subject to annual budget constraints as well as state and Employer ethics and purchasing policies. The 6(Page
Agreement: City Manager Services - Matthew Bronson
finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits.

E. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations.

Section 9: Termination
A. For the purpose of this agreement, termination shall occur when:
a. The majority of the City Council votes to terminate the Employee in accordance with all applicable laws at a properly posted and duly authorized public meeting. b. If the Employer, citizens or legislature acts to amend any provisions of the charter, code, or other enabling legislation pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination.
c. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination.
d. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date ofthe suggestion.
e. Breach of contract declared by either party with a 30-day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 20.

B. In the event the Employee is terminated by the Employer during the three (3) months immediately following the seating and swearing-in of one or more new governing body members, and during such time that Employee is willing and able to perform his duties under this Agreement, then, Employer agrees to pay Severance 7) Page
Agreement City Manager Services- Matthew Bronson
in accordance with Section 10 plus salary and benefits in accordance with Section IO for any portion of the three months not worked.

Section 10: Severance
Severance shall be paid to the Employee when employment is terminated as defined in Section

9. A. If the Employee is terminated, the Employer shall provide a severance payment equal to six (6) months salary at the then current rate of pay. This severance shall be paid in a lump sum or in a continuation of salary on the existing basis, as agreed upon by the parties.

B. Employee shall also receive six months of health benefits under the City's program as part of the severance.

If the Employee is terminated because of a felony conviction or for "cause", then the Employer is not obligated to pay severance under this section. As used in this Agreement, "cause" shall mean malfeasance, commitment of an illegal act or currentsubstance abuse.

Section 11: Resignation
In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 30 days' notice unless Employer and Employee agree otherwise.

Section 12: Performance Evaluation
A. After the initial Evaluation as set forth below, Employer shall annually review the performance of the Employee in subject to a process, form, criteria, and format for the evaluation, which shall be mutually agreed upon by the Employer and Employee. Employer shall conduct the initial Evaluation period six months after the effective date of this Agreement.

B. The annual evaluation process, at a minimum, should include the opportunity for both parties to: (1) conduct a formulary session where the governing body and the Employee meet first to discuss goals and objectives of both the past twelve (12) month performance period as well as the upcoming twelve (12) month-performance period, (2) following that formulary discussion, prepare a written evaluation of goals and objectives for the past and upcoming year, (3) next meet and discuss the written evaluation of these goals and objectives, and (4) present a written summary of the evaluation results to the Employee.
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Agreement: City Manager Services - Matthew Bronson
C. Unless the Employee expressly requests otherwise in writing, the evaluation of the Employee shall at all times be conducted in executive session of the governing body and shall be considered confidential to the extent permitted by law. Nothing herein shall prohibit the Employer or Employee from sharing the content of the Employee's evaluation with their respective legal counsel.

D. In the event the Employer deems the evaluation instrument, format and/or procedure is to be modified by the Employer and such modifications would require new or different performance expectations, then the Employee shall be provided a reasonable period of time to demonstrate such expected performance before being evaluated.

Section 13: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule subject to the general approval of City Council. The schedule shall be appropriate to the needs of the Employer and shall allow Employee to faithfully perform his or her assigned duties and responsibilities.

Section 14: Ethical Commitments
Employee will at all times uphold the tenets of the ICMA Code of Ethics. Specifically, Employee shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fundraising activities for individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from confidential information or misuse of public time.

Employer shall support Employee in keeping these commitments by refraining from any order, direction or request that would require Employee to violate the ICMA Code of Ethics.

Specifically, neither the governing body nor any individual member thereof shall request Employee to endorse any candidate, make any financial contribution, sign or circulate any petition, or participate in any fund-raising activity for individuals seeking or holding elected office, nor to handle any matter of personnel on a basis other than fairness, impartiality and merit.

Section 15: Outside Activities
The employment provided for by this Agreement shall be the Employee's primary employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements must neither constitute interference with nor a conflict of interest with his or her responsibilities under this Agreement.
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Agreement: City Manager Services- Matthew Bronson
Section 16: Moving and Relocation Expenses
Employee agrees to establish residence in accordance with the Grover Beach Municipal Code.

A. Employer shall pay up to $8,000.00 in reimbursement of incurred expenses for the relocation and moving,subject to a paymentschedule agreed upon by the parties.

Section 17: Indemnification
Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any obligation to pay money or perform or no perform action, including without limitation, any and all losses, damages, judgments, interests, settlements, penalties, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney's fees, and any other liabilities arising from, related to, or connected with any tort, professional liability claim or demand or any other threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative or investigation, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct.

Employee recognizes that Employer shall have the right to compromise and unless the Employee is a party to the suit which Employee shall have a veto authority over the settlement, settle any claim or suit; unless, said compromise or settlement is of a personal nature to Employee. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation.

Section 18: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance for performance of his duties under this Agreement. lOIPage
Agreement: City Manager Services- Matthew Bronson
Section 19: Other Terms and Conditions of
Employment
A. The Employer, only upon agreement with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Of Grover Beach Municipal Code, local ordinances or any other law.

Section 20: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, and addressed as follows:
(a) EMPLOYER: City of Grover Beach, 154 S. 8th Street Grover Beach, CA 93433 (b) EMPLOYEE: Mathew Bronson, 21 Otay Avenue, San Mateo, CA 94403 Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service.

Section 21: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the Employer and Employee are merged into and rendered null and void by this Agreement. The Employer and Employee by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement.

B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.

C. Effective Date. This Agreement shall become effective on June 15, 2016.

D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both ll(Page
Agreement: City Manager Services- Matthew Bronson
Agreement shall take precedence over contrary provisions of Council's policies, or Employer's ordinances, or Employer's rules and regulations or any such permissive law during the term of this Agreement.

CITY OF GROVER BEACH MATTHEW BRONSON
12 IP age
Executed this the 11!:t day of May, 2016.

Agenda Item No. 5

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 11, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Letter of Support for Assembly Constitutional Amendment 13

RECOMMENDATION
Authorize the Mayor to sign a letter supporting Assembly Constitutional Amendment 13 (ACA 13), also known as the “Protect and Retain the Majority Vote Act.”

BACKGROUND
Recently, an initiative funded by a group of primarily large business interests in the state called the California Business Roundtable qualified for the November 2024 statewide ballot. The initiative, titled "Taxpayer Protection and Government Accountability Act” (CBRT Initiative) seeks to limit the ability of state and local governments to enact, modify or expand taxes, assessments and fees. If passed, the initiative would reinstate the two-thirds voter approval requirement for any new or modified special taxes. Additionally, the initiative would require that local increases to taxes or fees be approve by a majority of statewide voters, create new grounds to legally challenge governmental funding sources, and retroactively void all state and local taxes or fees adopted after January 1, 2022 if not in compliance with the restrictions of the initiative.

The City Council approved submission of a letter of opposition to the CBRT Initiative on March 13, 2023 in conformity with the City’s 2023 Legislative Platform shown in Attachment 2. The Platform indicates that the City should oppose legislation that increases the threshold for voters to pass new or increased state or local taxes needed to fund local services and infrastructure.

The League of California Cities (Cal Cities) also strongly opposes this initiative.

In response to this proposed initiative, Assembly Members Aguiar-Curry, Berman, and Lee introduced Assembly Constitutional Amendment (ACA) 13. ACA 13 stipulates that any amendment to the state constitution that would require a supermajority vote of the electorate to approve any state or local measure, including increases to taxes or selling of bonds, would have to pass by the same supermajority it would impose. If approved by the Legislature and signed by the Governor, ACA 13 would be placed on the March 2024 ballot and if passed would require the CBRT Initiative to receive a two-thirds vote by the November 2024 electorate to prevail. ACA 13 passed the Assembly on September 6 and will be heard by the Senate by mid-September.

In conformity with the Council’s previous action, staff recommends the City join Cal Cities and other local government advocacy groups in supporting ACA 13. The proposed letter of support to the City’s representative in the State Senate, Senator John Laird, is shown as Attachment 1.

FISCAL IMPACT
There is no fiscal impact associated with this action.

Staff Report: Letter of Support for Assembly Constitutional Amendment 13 Page 2 September 11, 2023

ALTERNATIVES
The Council has the following alternatives to consider:
1) Authorize the Mayor to sign a letter supporting ACA 13, also known as the “Protect and Retain the Majority Vote Act”; or
2) Provide alternative direction to staff.

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

Attachments

1. Letter of Support for ACA 13

2. 2023 City of Grover Beach Legislative Platform
City of Grover Beach
Mayor Karen Bright Mayor Pro Tem Robert Robert
Council Member Daniel Rushing, Council Member Clint Weirick, Council Member Zach Zimmerman 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 September 12, 2023
The Honorable Senator John Laird
1021 O Street, Suite 8720
Sacramento, CA 95814
RE: ACA 13 (Ward) Voting Thresholds
Notice of SUPPORT (As Amended 8/17/2023)
Dear Senator Laird:

The City of Grover Beach supports ACA 13 (Ward), which would require any constitutional amendment proposed by an initiative that increases a vote requirement for future measures to be approved by the same proportion of voters. The measure would also preserve the right of cities to place advisory questions asking voters their opinions on the ballot.

Under current law, a simple majority of voters (50% + 1 vote) may vote to require a supermajority (for example, 66%) voter approval for future action. This framework has given disproportionate power to a small number of voters: Little more than one-third of voters can prevent the enactment of laws that a majority of voters agree upon.

At the local level, this has made it unnecessarily difficult to pass revenue measures dedicated to critical services, such as homelessness and housing, fire, public safety, and roads. For example, from 2001-2018, city revenue measures with a two-thirds vote requirement have enjoyed only a 51% passage rate, compared to a 70% passage rate of all local revenue measures over the same period. The status quo has prevented cities from providing desperately needed services.

ACA 13 addresses this issue by simply requiring any initiative that enhances a voter requirement to pass by that same voter requirement. ACA 13 is a fair, good government proposal that protects the principles of democracy and majority rule.

For these reasons, the City of Grover Beach supports ACA 13.

Sincerely,
Karen Bright, Mayor
City of Grover Beach
Attachment 1
cc. Assembly Member Dawn Addis
David Mullinax, League Regional Public Affairs Manager (via email) Meg Desmond, League of California Cities, [email protected] City of Grover Beach
2023 Legislative Platform
Approved by City Council March 27, 2023
Attachment 2
Contents
SECTION 1 – INTRODUCTION................................................................................................. 1

1.1 General Purpose.......................................................................................................... 1

1.2 Authority ...................................................................................................................... 1

1.2.1 Adoption. .............................................................................................................. 1

1.2.2 City Manager Authority. ........................................................................................ 1

1.2.3 Limit to City Manager Authority. ............................................................................ 1

1.3 Distribution................................................................................................................... 1 SECTION 2 – GENERAL GOVERNMENT................................................................................. 1

2.1 Local Control................................................................................................................ 1 SECTION 3 – LOCAL GOVERNMENT FINANCE...................................................................... 2 SECTION 4 – PUBLIC Safety .................................................................................................... 2

4.1 Emergency Response.................................................................................................. 2

4.2 Crime Reduction .......................................................................................................... 2

4.3 Victim’s Rights ............................................................................................................. 2 SECTION 5 – TRANSPORTATION AND PUBLIC WORKS....................................................... 3

5.1 General Infrastructure.................................................................................................. 3 SECTION 6 – RESOURCES AND ENVIRONMENT .................................................................. 3

6.1 Water Resiliency.......................................................................................................... 3

6.2 Organic Waste Disposal............................................................................................... 3 SECTION 7 – COMMUNITY DEVELOPMENT........................................................................... 3

7.1 Housing and Homelessness ........................................................................................ 3

7.2 Commercial Cannabis.................................................................................................. 4

7.3 Travel and Tourism...................................................................................................... 4 1 SECTION 1 – INTRODUCTION

1.1 General Purpose
The City of Grover Beach Legislative Platform (Platform) is adopted to formalize Council priorities and allow for expedient promotion of the City’s interests in legislative matters.

The Platform is designed to guide the Council and staff in taking appropriate action on legislative proposals and actions in the State and Federal governments.

1.2 Authority

1.2.1 Adoption - The Platform is developed with input from all City departments and is adopted by the City Council annually.

1.2.2 City Manager Authority – The City Manager or designee may take actions to support or oppose proposed legislation without prior approval of the City Council when consistent with the platform, provided that the City Council may set or change the City’s established position on any specific legislation even it inconsistent with this Platform’s general position.

1.2.3 Limit to City Manager Authority – The City Council will maintain sole authority to establish an initial position for any proposed legislation that would result in the matter coming before voters as a statewide ballot measure, such as California constitutional amendments, a statewide bond measure, or a measure amending a previously-approved statewide ballot measure.

1.3 Distribution
Upon the Council’s annual approval, the Legislative Platform shall be distributed to California’s U.S. Senators, U.S. Congressmembers, as well as all California State Constitutional offices representing the City, all California State Senator(s) and Assemblymember(s) representing the City, the National League of Cities and the League of California Cities.

SECTION 2 – GENERAL GOVERNMENT

2.1 Local Control
• Support legislation that enhances local control for various permitting, land use, contracting and discretionary actions and allows cities to address the needs of local communities within a framework of regional cooperation
• Oppose legislation that preempts local authority and impedes the City’s ability to address community needs.
• Oppose legislation that imposes unfunded or insufficiently funded mandates by the State.
2 SECTION 3 – LOCAL GOVERNMENT FINANCE
• Support legislation that protects, increases and/or modernizes revenue streams for local priorities.
• Support legislation to provide full and prompt reimbursement to all local agencies for all state-mandated programs and/or infractions and losses associated with local revenue shifts.
• Support legislation that creates streamlined and less competitive funding opportunities for cities with smaller budgets, geographical size and population, such as the City. • Support legislation that fully funds positions in State and Federal agencies that can accelerate the prompt administration of funding and reimbursements from those agencies to the City.
• Oppose legislation that mandates new duties, responsibilities or obligations to a City under state realignment.
• Oppose legislation that increases the threshold for voters to pass new or increased state or local taxes needed to fund local services and infrastructure. • Oppose legislation that eliminates or restricts control of or creates barriers to the City’s revenue sources.
• Oppose legislation that restricts the City’s ability to contract for goods or services or otherwise increases costs of contracting for goods or services.

SECTION 4 – PUBLIC SAFETY

4.1 Emergency Response
• Support legislation to provide funding for disaster prevention efforts, emergency response planning, and training and equipment for response and recovery efforts. • Support legislation to develop and implement statewide-integrated public safety communication systems.

4.2 Crime Reduction
• Support legislation to allow for greater crime reduction in the community. • Support legislation to add fentanyl to the list of illegal substances subject to the existing weight enhancements for criminal sentencing.

4.3 Victim’s Rights
• Support legislation increasing the rights of victims of crimes. 3 SECTION 5 – TRANSPORTATION AND PUBLIC WORKS

5.1 General Infrastructure
• Support legislation providing funding for revolving loan fund programs to assist with financing capital costs of infrastructure improvements, including facility replacements. • Support legislation to expedite project delivery processes and expand project delivery methods for use by all cities for facilities and infrastructure. • Support legislation that secures state and federal fees and taxes originally programmed for roadway repairs, highway congestion management and transportation improvement projects.
• Oppose legislation that slows, impairs or eliminates funding for public infrastructure.

SECTION 6 – RESOURCES AND ENVIRONMENT

6.1 Water Resiliency
• Support legislation and administrative actions that provide funding or grant programs for energy and water efficiency improvements.
• Support legislation that provides funding for key water supply and infrastructure grant and loan programs.

6.2 Organic Waste Disposal
• Support legislation that provides additional funding or other assistance to implement organic waste disposal requirements.
• Support legislation providing funding for smaller cities to pursue carbon neutral solutions.

SECTION 7 – COMMUNITY DEVELOPMENT

7.1 Housing and Homelessness
• Support legislation to streamline all types of housing development while protecting the City’s permitting, fees and regulatory processes.
• Support legislation to providing funding mechanisms for infrastructure needed for housing development.
• Support legislation providing funding for homeless services and shelter projects and operations.
• Support legislation to allow the City more flexibility in creating shelters and temporary and permanent housing.
• Support legislation to provide funding for cleanup efforts as a result of homeless encampments.
4 7.2 Commercial Cannabis
• Support legislation that provides for reforms of regulatory barriers to the legal cannabis industry
• Support legislation that allows for the sale of food and non-alcoholic drinks at cannabis retailers that permit onsite consumption of cannabis products.

7.3 Travel and Tourism
• Oppose legislation that would reduce or eliminate online travel agencies or platforms from collecting and remitting Transient Occupancy Tax to local jurisdictions.

Agenda Item No. 6

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 11, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, CIP Manager
SUBJECT: Award of Contract for Construction Management Services CIP 2287 - West Grand Avenue Streetscape Project (4th - 8th Streets)

RECOMMENDATION
Approve an agreement with Cannon Corporation in the amount of $492,410 for construction management services associated with the CIP 2287 - West Grand Avenue Streetscape Project (4th - 8th Streets) and authorize the Mayor to execute the agreement on behalf of the City.

BACKGROUND
A construction manager provides the direct, day-to-day link between a contractor and City staff on City projects. The construction manager assures the project is constructed in accordance with the approved plans, records daily construction activities, monitors daily construction progress, and administers and evaluates pay requests and changes in work, while also working directly with the contractor and project manager to resolve disputes.

The Public Works Department requested proposals for Construction Management services for the CIP 2287 – West Grand Avenue Streetscape Project (4th - 8th Streets) from a list of qualified consultants that Council approved on May 24, 2021. The City received proposals from MNS Engineers and Cannon Corporation. Based on staff’s evaluation, Cannon Corporation identified a level of resources, direct and relevant previous project experience including West Grand Avenue Phase 3, and an understanding of this project that best demonstrated the level of competency and professional qualifications needed for this project. Staff is subsequently recommending the City enter into a contract agreement with Cannon Corporation. Based on staff’s research and evaluation, Cannon’s estimated cost of services of $492,410 is realistic to the level of service requested by the City and relative to the estimated construction cost of $4,000,000 (approximately 13%).

FISCAL IMPACT
The fee proposal is within the funding allocated to the project in the FY 2023-24 budget.

ALTERNATIVES
The Council has the following alternatives to consider:

1. Approve an agreement with Cannon Corporation, in the amount of $492,410 for construction management services associated with the CIP 2287 - West Grand Avenue Streetscape Project (4th - 8th Streets), and authorize the Mayor to execute the agreement on behalf of the City; or
Staff Report: West Grand Avenue Streetscape Project Construction Management (CIP 2287) Page 2 September 11, 2023

2. Provide direction to staff to seek the services of other consultants to provide construction management services; or

3. Provide staff with additional direction.

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

Attachments

1. Agreement

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AGREEMENT

CITY OF GROVER BEACH, CALIFORNIA

PROFESSIONAL DESIGN AND CONSTRUCTION MANAGEMENT SERVICES CIP 2287 – WEST GRAND AVENUE STREETSCAPE (4TH - 8TH)
THIS AGREEMENT is made and entered into effective the 11th day of September 2023 by and between the CITY OF GROVER BEACH, a California municipal corporation (hereinafter referred to as "CITY"), and CANNON ASSOCIATES (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, CITY desires to obtain professional construction design services for CIP 2287 – WEST GRANDE ANENUE STREETSCAPE (4TH – 8TH), 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 construction management services and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, this Agreement sets forth the terms and conditions under which CONSULTANT shall provide professional services, to be paid by the City of Grover Beach; and WHEREAS, this Agreement will be administered for CITY by the Director of Public Works hereinafter referred to as DIRECTOR or his/her designee.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and promises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:

ARTICLE I. SCOPE OF SERVICES
CONSULTANT shall complete said PROJECT described herein and more fully described in Exhibit A, and in accordance with local, State and Federal laws. This shall include all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.

ARTICLE II. COMPENSATION AND PAYMENT
A. CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be performed on a not to exceed basis of $492,410.

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 party. CONSULTANT shall not be entitled to any additional compensation if services are performed prior to a signed written Contract Amendment.

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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 DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9

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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 DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9

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Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Article (IV).

This Article (IV) shall survive expiration or termination of this Agreement.

ARTICLE V. PROFESSIONAL SKILL
It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.

ARTICLE VI. INDEMNIFICATION AND DEFENSE
A. Indemnification and Defense for Professional Services: To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’S duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’S proportionate percentage of fault.

CONSULTANT’S percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’S percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’S proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.

B. For All Other Liabilities: Notwithstanding the foregoing and without diminishing any rights of CITY under this Article (VI), for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY.

C. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This Article (VI) shall survive termination or expiration of this Agreement.

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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 DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9

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(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.

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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 DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9

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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.

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ARTICLE XII. NOTICES
All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:

A. CITY: City of Grover Beach, Gregory A. Ray, Director of Public Works, 154 South Eighth Street, Grover Beach, CA 93433
B. CONSULTANT: Todd Bartolome, PE, QSE/P, 1050 Southwood Drive, San Luis Obispo, CA 93401 ARTICLE XIII. BINDING
Subject to Article XII, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.

ARTICLE XIV. ASSIGNMENT
A. This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the Grover Beach City Council. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved by the Grover Beach City Council.

B. CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.

ARTICLE XV. COMPLIANCE THE LAW
In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

ARTICLE XVI. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

ARTICLE XVII. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be San Luis Obispo County, California.

ARTICLE XVIII. HEADINGS
The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement.

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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.

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AGREEMENT SIGNATURES

CITY OF GROVER BEACH, CALIFORNIA

PROFESSIONAL CONSULTANT SERVICES
CIP 2287 – WEST GRAND AVENUE STREETSCAPE (4TH - 8TH)
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

CANNON ASSOCIATES

Patrick Riddell, Director Date
Attachments:

1. Exhibit A - Scope of Services and Fee Schedule

2. Exhibit B - Insurance Requirements

3. Exhibit C - Disclosure of Conflict of Interest
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EXHIBIT A

PROFESSIONAL CONSULTANT SERVICES

CONSULTANT SCOPE OF WORK AND FEE SCHEDULE
DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9 Construction Management Services for City of Grover Beach Streetscape Cannon 3 Scope of Services
Our Work Program for Pre-Bid Phase, Bidding Phase, PreConstruction, Construction, and Post-Construction activities is detailed below.

Phase 1. Pre-Bid Phase
Task 1.1 Contract Document Review
Our construction management team will provide a
constructability review of the plans, and engineer’s opinion of probable construction cost. In addition to facilitating our understanding of scope and sequencing of the project, it will allow us to evaluate areas that may present challenges during construction.

Phase 2. Bidding Phase
Task 2.1 Bidding Support
While Cannon does not anticipate having an active role
in this phase, the construction management team will be available to provide limited participation to assist the City with responding to bidder questions, evaluation of bids, due-diligence of apparent low-bidder(s), and support if there is a bid protest.

Phase 3. Pre-Construction
Task 3.1 Contract Document Review
Our construction management team will thoroughly review plans, specifications, related reports, and documents
pertinent to administering the construction of the project.

In addition to facilitating our understanding of scope and sequencing of the project, it will allow us to evaluate areas that may present challenges during construction.

Task 3.2 Document Control Procedure, Coordination with Contract Administrator and City Staff We will establish a working relationship with both the City and contract administrator to implement procedures for
the efficient processing and management of all project
documents. This task also includes the following:
• Review questions with the City’s project manager and
project engineer/architect.
• Review bid form pay quantities.
• Review of the Resident Engineer’s Binder prepared by the designer.
• Prepare and maintain the project file system.
• Prepare a list of the critical items and unusual conditions. • Review the project site to document and photograph / video the work area and site conditions prior to construction. • Verify coordination needed for City crews and outside utility companies.
• Meet with City staff and project manager prior to preconstruction conference. • Distribute City-designed and procured door-hangers to residence along the route of construction. These doorhangers will announce the upcoming construction work. • Participate in neighborhood “corner meetings”, that are typically held after 5:30 p.m., to present to the attendees the upcoming work, and be a point of contact for the residents affected by the work.

Task 3.3 Pre-Construction Meeting
Cannon will participate in the Pre-Construction Meeting and provide the following:

1. Schedule the meeting in coordination with City staff, and will invite contractor, design consultant, required City staff, utility companies and regulating agencies. Assume the meeting
will be scheduled for two hours to occur within City Council Chambers at 154 South 8th Street.

2. Organize and conduct the pre-construction meeting and meet with the City’s Engineering Project Manager to review the draft meeting agenda. Incorporate comments into the agenda before distribution.

3. In preparation for the pre-construction meeting, the Construction Manager will be knowledgeable of the project and construction contract documents, conveying special
requirements or concerns.

4. Provide the following information at the Pre-Construction meeting:
• Sign in sheet for attendees.
• Prepare meeting minutes that show subjects discussed, direction given, and response received.
• Present and/or review the City’s Notice to Proceed
(NTP).
• Verify and/or discuss modifications to the start-date of construction as presented within the NTP.
• Document items submitted by the contractor such as:
the emergency response sheet, baseline schedule,
submittals, and other items of importance.
• Confirm the authority and responsibility of parties
involved.
• Address the concerns and needs of affected utility
companies.
• Discuss unusual working conditions and permit
requirements.
• Verify that the contractor will give proper notification to the residents and businesses of the start date of
construction and what kind of work is being conducted.
• Emphasis the importance of notifications from the
contactor to the public and when and how information
is distributed to the public, and just as importantly, what not to do in distribution of information.
• City staff assigned to the project will attend to answer any unusual questions.

DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9 Attachment 1
Construction Management Services for City of Grover Beach Streetscape Cannon 4 Phase 4. Construction
Task 4.1 On-Site Construction Management and Inspection Mr. Bartolome will be in charge of construction
management operations with a Project Inspector who will be onsite to monitor the daily construction operations
and provide coordination; the Office Engineer will handle records management, labor compliance, and will serve as liaison to the contract administrator; our Materials Testing Subconsultant, Sydney Johnson, with Earth Systems Pacific (Earth Systems).

Task 4.2 Construction Inspection
During observation and monitoring of the quality of the construction work, we will:
• Maintain daily on-site project reports for inspections, observations, and construction activities. Reports shall contain a record of weather, work on-site, number of
workers, work accomplished, problems encountered,
solutions agreed upon, and other similar relevant data as the city may require.
• Maintain photo and video record of construction progress. • Monitor construction activities to see that elements of the project are furnished, installed, and constructed per contract documents. Prepare required notices of non-conformance
when materials, construction installation process, or
quality of work does not meet the requirements of the
contract. Notices will be issued to the contractor stating the nature of the deviation and requiring the contractor to provide corrective action. Non-compliance issues shall be documented with photographs and in writing.
• File appropriate reports.
• Oversee quality assurance testing.
• Conduct daily inspections and special inspections required for the project.
• Monitor contractor’s work and recommend special testing as needed.
• Review stormwater BMP’s for compliance with approved
SWPPP/WPCP/SWMP.

Task 4.3 Scheduling and Progress Meetings
We will coordinate, review, and approve the contractor’s proposed schedule for the completion of the project.

We will also review the contractor’s baseline schedule
and update submittals for conformance with the master
schedule and contract documents. In addition, we will
prepare and distribute a Weekly Statement of Working Day reports in order to maintain an accurate and current record of contract time.

Task 4.4 Change Order Management
We will negotiate and coordinate the implementation of
contract change orders during the construction process.

We will compile change order supporting documentation,
such as inspection reports, test reports, drawings, sketches, photographs, and other materials as required. We will
review and evaluate the appropriateness of proposed
change orders; advise the City as to their effect on the contract time and cost; and Prepare independent estimates of the proposed change order work, when necessary, as
well as recommend approval or denial with approval by the City.

Task 4.5 Requests for Information (RFIs)
We will provide timely RFI review, which will include
coordination with consultants and engineers, and written response to contractor. We will also coordinate closely with the contract administrator, who will maintain the RFI log and records.

Task 4.6 Submittal Management
We will provide timely submittal review and acceptance
including review of material and equipment submittals for compliance with contract documents. We will coordinate
closely with the contract administrator, who will maintain the submittal log and records.

Task 4.7 Claims Management
We will maintain a potential claims log. We will prepare a file for each potential claim issue. We will evaluate, analyze, and coordinate negotiation to achieve claims and dispute resolutions in line with City directions.

Task 4.8 Weekly Resident Engineer Report
We will provide weekly reports to the City detailing work completed during the previous week, as well as the current project budget and schedule.

Task 4.9 Materials Testing (Earth Systems)
Our subconsultant, Earth Systems, will provide material testing services. We will review the results of the
testing materials. Following our review, we will make
recommendations for the acceptance of work in
general compliance of the contract documents or make
recommendations if remedial actions are needed to correct unacceptable portions of the contractor’s work. Testing will be done in accordance with the provision outlined in the City’s Quality Assurance Program (QAP).

Task 4.10 Progress Pay Estimates
We will evaluate the contractor’s pay applications. We will verify that the quantities claimed are true and accurate through the use of field measurements, materials tickets, extra work reports, and visual confirmation, we will verify DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9 Construction Management Services for City of Grover Beach Streetscape Cannon 5 that the quantities claimed are true and accurate. We will prepare quantity calculation sheets for each bid item and submit them to the contract administrator for inclusion in the project records.

Task 4.11 Safety Program and Traffic Control Plan
We will monitor the contractor’s onsite safety program, compliance with the approved traffic control plan, and
Cal-OSHA Construction Safety Orders.

Task 4.12 Project Records
We will coordinate closely with the contract administrator to see that documents are consistent and thorough and are submitted and maintained in accordance with provisions
outlined in the Caltrans Resident Engineer Construction Contract Administration Checklist (LAPM Exhibit 15-B).

Task 4.13 Disadvantaged Business Enterprise (DBE)
If required, we will monitor DBE utilization throughout the contact. Upon construction completion, we will
coordinate with the Contract Administrator to obtain
two DBE reporting documents from the Contractor: Final
Report-Utilization of Disadvantaged Business Enterprise (DBE) (LAPM Exhibit 17-F), and Disadvantaged Business
Enterprise Certification Status Change (LAPM Exhibit 17-O).

These will be forwarded to the Contract Administrator for inclusion in the Caltrans Completion Package.

Task 4.14 Labor Compliance Program
We will verify that labor compliance posters are adequately posted on the job site. We will conduct periodic employee interviews with contractor and subcontractor personnel and coordinate information with the contract administrator.

Phase 5. Construction Completion and Closeout
Task 5.1 Final Inspection and Punch List
We will compile detailed “punch lists” with the engineer, owner, and project manager. We will oversee completion of punch list items and final clean-up before the contractor moves off-site.

We will coordinate final testing, documentation, and regulatory inspections.

Task 5.2 Coordinate Close-Out and Submittal of Final
Documents
We will monitor the contractor’s, subcontractor’s, and
designer’s progress to finalize and submit project records and documents. We will obtain readily available record
drawings, contract required documents, DBE final reports, lien releases, written warranties, record drawings, and O&M manuals (if applicable). We will provide documents
to the contract administrator for handling.

Task 5.3 Record Drawings and Acceptance
We will compile and review record drawings, make
changes, or have changes made as required. The
construction manager’s and the contractor’s as-built redline drawings will then be submitted to the City for review and acceptance. Record drawings will be produced by the design engineer for the City’s records only.

We will draft and submit the Recommendation for
Acceptance to City following Project Completion.

Recommendation for management of liquidated damages
and/or the addition of Director’s Days, shall be clearly described within this Recommendation for Acceptance.

Within two weeks of project completion, we will prepare and chair a post construction meeting with the design
engineer and City staff involved with the project to discuss the pros and cons. Prepare a complete critique of the
project for the meeting.

Task 5.4 Final Payment
We will evaluate the contractor’s final payment application, resolve outstanding matters, and provide approval and
recommendation for final payment.

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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.

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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 DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9

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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.

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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.

DocuSign Envelope ID: C1A1F4C3-1396-4DF0-AFBC-6CD892F3A4A9 N/A
X
X
San Luis Obispo, CA, 93401
Cannon Corp.

X
X
1050 Southwood Drive
Patrick Riddell
9/5/2023
X
X
Agenda Item No. 7

CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: September 11, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Lorena Zarate, Finance Manager
SUBJECT: FY 2022-23 Year-End Financial Review

RECOMMENDATION
Receive a report on the FY 2022-23 Year-End Financial Review.

BACKGROUND
On June 26, 2023, the Council adopted the FY 2023-25 budget which included estimates for the fiscal year ending June 30, 2023. Staff is currently working with the City’s outside auditors to complete the FY 2022-23 annual audit which is anticipated to be completed in December 2023 and brought to the Council for approval in January 2024. In preparation for the outside auditors’ review in September, staff has conducted an initial review of the year-end financial results of FY 2022-23 to provide a summary to the Council prior to the completion of the audit. The following summary represents this initial review subject to change with the upcoming audit process.

General Fund
The General Fund is the City’s primary fund and includes general City services such as police, fire, and parks and recreation, and general administration. The General Fund is also where property tax, sales tax, and other general revenues are collected. Table 1 below shows the initial year-end estimates for FY 2022-23 compared to the FY 2022-23 year-end unaudited actuals:

Table 1
GF Summary
FY 2022-23
Estimated
FY 2022-23
Unaudited
Actuals Difference
Beginning Reserves $ 6,937,300 $ 6,937,300 $ -
REVENUES:

Revenues/Transfers In 17,964,300 $ 17,840,605 (123,695) EXPENDITURES:

Operating Expenditures 15,535,258 15,424,220 (111,038)
Debt Service 109,825 178,554 68,729
Transfers Out/Other 1,089,175 540,027 (549,148)
TOTAL EXPENDITURES 16,734,258 16,142,801 (591,457)
Annual Surplus $ 1,230,042 $ 1,697,804 $ 467,762
Wastewater Fund Repayment (142,000) (142,000) -
Estimated CIP & Other Carryovers (1,375,000) (2,356,473) (981,473) Ending Reserves $ 6,650,342 $ 6,136,631 $ (513,711)
% of Operating Expenditures 48% 42% -6%
Staff Report: FY 2022-23 Year End Financial Review Page 2 September 11, 2023

FY 2022-23 actual revenues are lower than estimated in the FY 2023-25 budget process mainly due to cannabis tax revenue, which was lower than estimated by about $104,000 given continued market uncertainties. Cannabis tax revenue totaled approximately $1.2 million and staff will continue to monitor this revenue closely to determine if this amount represents a new revenue baseline for the city’s cannabis industry.

Expenditures shown in Table 1 are also lower than originally estimated mainly due to capital improvement items budgeted in FY 2022-23 but not completed or fully expended in the fiscal year and included under the “Transfers Out” category. Examples of these items include:
• Local Street Rehabilitation Program Engineering and Design Work - $51,000 • North 12th Street Sidewalk - $10,000
• West Grand Avenue Streetscape - $1.67 million
• City Corp Yard Improvements - $100,000
• Facilities Conditions and Needs Assessment - $138,500 • Train Station Stormwater Alternate Compliance - $30,000 As shown in Table 1, the FY 2022-23 General Fund estimated unaudited actual surplus is approximately $1.7 million higher than the $1.2 million originally projected because of the differences in revenue and expenditures described above. However, the estimated carryover of unspent appropriated funds for capital projects and other expenditures is higher than the original projected carryover by about $980,000. This estimated carryover to FY 2023-24 is mainly due to the capital projects described above, along with equipment and services originally budgeted for FY 2022-23 that were unspent and include:
• Community Development - Circulation Element and Noise Element - $101,000 • Public Works - Electronic Filing System $5,000
• Public Works – Asset Management System $29,300 ($87,900 total, partially funded by enterprise funds)
• Police Van - $135,000
• Information Technology – Server and Other Maintenance Costs - $83,500 Other estimated carryovers with other revenue sources or no impact to the General Fund include:
• Enterprise Resource Planning Software and Other (using ARPA funding balance) - $507,380
• Trash Removal using Cal Trans Clean California Maintenance Agreement - $50,000 • Housing Allocation using Permanent Local Housing Allocation Grant - $429,500 This estimated carryover reduces the City’s projected ending reserves from $6.6 million to $6.1 million. However, this revised level of reserves is equal to 42% of the City’s General Fund operating budget which provides sufficient reserves for emergencies and unforeseen needs and demonstrates the City’s strong financial position. Staff will return to the Council with additional information about the City’s current year financial condition in November 2023 and in February 2024 as part of the FY 2023-24 first quarter and mid-year review respectively.

Water Fund
The Water Fund is responsible for the maintenance and operation of City’s water system. This includes water lines, tanks, and wells. The Water Fund is estimated to end FY 2022-23 with $1.8 Staff Report: FY 2022-23 Year End Financial Review Page 3 September 11, 2023

million less than the estimates for FY 2022-23 provided to the Council in June 2023 compared to the FY 2022-23 unaudited actuals as shown in Table 2:

Table 2
Water revenues are lower than estimated by approximately $200,000 mainly due to lower water usage from water conservation efforts and the winter storms where there was higher than normal rainfall for the season. Expenditures are higher than anticipated by about $1.6 million mainly due to capital projects, specifically related to the Central Coast Blue (CCB) project and its preconstruction costs. The higher expenditures are mainly due to increased costs of construction, equipment, and other items, including inflationary costs. Total preconstruction costs allocated to the City for the CCB project were $2.8 million for FY 2022-23, of which $800,000 has been included in the CCB financing to be reimbursed to the City once the loan is closed in early 2024.

This updated FY 2022-23 information was reflected in the utility rate study presented to the Council on September 5.

Wastewater Fund
The Wastewater Fund is responsible for the City’s maintenance and operation of wastewater lines within the City and bills for and forwards funds collected to the South San Luis Obispo County Sanitation District. The Wastewater Fund is projected to end FY 2022-23 with $618,000 more than the year-end estimates for FY 2022-23 provided to the Council in June 2023 compared to the FY 2022-23 unaudited actuals as shown in Table 3:

Table 3
Wastewater revenues are higher than estimated by approximately $163,000 mainly due to revenue transferred in of $105,000 related in part to the sewer upgrade for existing flows project.

Water Fund
FY 2022-23
Estimated
FY 2022-23
Unaudited
Actuals Difference
Beginning Reserves $ 7,640,016 $ 7,640,016 $ -
Revenues/Transfers In 3,988,200 $ 3,787,174 (201,026)
Expenditures*/Transfers Out 4,897,384 6,526,599 1,629,215 Annual Surplus $ (909,184) $ (2,739,425) $ (1,830,241)
Ending Reserves $ 6,730,832 $ 4,900,591 $ (1,830,241)
*Does not include Depreciation Expense of $201,146
Wastewater Fund
FY 2022-23
Estimated
FY 2022-23
Unaudited
Actuals Difference
Beginning Reserves $ 3,680,663 $ 3,680,663 $ -
Revenues/Transfers In 1,339,300 $ 1,502,372 163,072
Expenditures*/Transfers Out 2,009,838 1,555,111 (454,727) Annual Surplus $ (670,538) $ (52,739) $ 617,799
Ending Reserves $ 3,010,125 $ 3,627,924 $ 617,799
*Does not include Depreciation Expense of $124,335
Staff Report: FY 2022-23 Year End Financial Review Page 4 September 11, 2023

Expenditures are lower than anticipated mainly due to actual costs of projects being lower than originally estimated and projects that were not completed in FY 2022-23. Similar to the Water Fund, this updated FY 2022-23 information was reflected in the utility rate study presented to the Council on September 5.

Grover Beach City CouncilSeptember 11, 2023

Grover Beach City Council
September 11, 2023