AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
TUESDAY, OCTOBER 10, 2023, 6:00 PM
Next Resolution No .23-32
Next Ordinance No. 23-04
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
CALL TO ORDER
CALL TO ORDER
FLAG SALUTE
ROLL CALL Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
1. Proclamation for Fire Prevention Week
2. Proclamation for Dating and Domestic Violence Awareness Month
PRESENTATIONS
None
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item.
Agenda: Grover Beach City Council Meeting Page 2
Tuesday, October 10, 2023
PUBLIC COMMUNICATIONS
During this time, the Council will allow up to 15 minutes for Public Communication with additional communication, if necessary, allowed after the Regular Business Items. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group.
Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.
3. Minutes of the City Council Meeting on Monday, September 25, 2023 – City Clerk Sims
(Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
4. City Council Meeting Schedule for Calendar Year 2024 – City Manager Bronson (Recommended Action: Adopt the proposed City Council meeting schedule for calendar year 2024.)
VOICE VOTE
5. West Grand Avenue Streetscape Project Bid Rejection (CIP 2287) – CIP Project Manager Wiggin
(Recommended Action: Reject the bid for construction of the West Grand Avenue Streetscape Project (CIP 2287) and receive information on the next steps in advancing this project.)
VOICE VOTE
PUBLIC HEARING
6. Second Reading and Public Hearing to Adopt an Ordinance Repealing and Replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code – Police Chief Peters
(Recommended Action: Conduct a second reading and public hearing to adopt an Ordinance repealing and replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code.)
ROLL CALL VOTE
REGULAR BUSINESS
7. Adoption of a Resolution Appointing Interim Public Works Director/City Engineer – Human Resources Officer Mattocks
(Recommended Action: Adopt the Resolution Appointing Steve Kahn as Interim Public Works Director/City Engineer.)
Agenda: Grover Beach City Council Meeting Page 3
Tuesday, October 10, 2023
8. Street Repair Update – CIP Project Manager Wiggin
(Recommended Action: Receive an update on the status of Measure K-14 street rehabilitation projects and Major Street rehabilitation projects and provide input and direction to staff including consideration of a pedestrian accessibility project at Grover Heights Elementary School and indefinite closure of South 4th Street south of Highland Way.)
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
Tuesday, October 10, 2023
CLOSED SESSION
None
ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
U2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
U2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
DECLARING OCTOBER 8-14, 2023 as
”NATIONAL FIRE PREVENTION WEEK”
WHEREAS, the City of Grover Beach, CA is committed to ensuring the safety and security of all those living in and visiting our city; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, Fire Prevention Week is observed each year during the week of October 8th in commemoration of the Great Chicago Fire, which began on October 8, 1871, causing devastating damage and great loss.
WHEREAS, the 2023 Fire Prevention Week campaign theme is “Cooking Safety Starts with YOU.” Grover Beach is reminded to pay attention to fire prevention and works to educate everyone about simple but important actions they can take to keep themselves and those around them safe when cooking.
WHEREAS, cooking fires are the leading cause of home fires and home fire injuries.
Unattended cooking is the leading cause of cooking fires and deaths.
WHEREAS, Grover Beach first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Grover Beach residents that are responsive to public education measures are better able to take personal steps to increase their safety from fire, especially in their homes; and NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council does herby proclaim October 8-14, 2023, as Fire Prevention Week throughout the City of Grover Beach.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 10th day of October 2023.
Karen Bright, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 1
PROCLAMATION OF THE GROVER BEACH CITY COUNCIL
DECLARING OCTOBER as
”DATING AND DOMESTIC VIOLENCE AWARENESS MONTH”
WHEREAS, Dating and Domestic Violence Awareness Month calls attention to the fact that intimate partner violence is widespread and impacts every person in Grover Beach; and WHEREAS, LUMINA ALLIANCE provide essential, lifesaving services for survivors, their children, and families throughout San Luis Obispo County including Grover Beach.; and WHEREAS, domestic violence is a pattern of control in an intimate relationship where one person uses coercion and violence to gain power and control over his or her partner; and WHEREAS, domestic violence can result in physical injury, psychological trauma, and even death. The devastating consequences of domestic violence can cross generations and can last a lifetime; and
WHEREAS, there is a need to focus on the individualized needs of domestic violence survivors; and
WHEREAS, the marginalization of certain groups in society, including undocumented individuals, transgender individuals, and those living with disabilities, increases their vulnerability to intimate partner violence; and
WHEREAS, LUMINA ALLIANCE continues to provide a safe environment to those affected by domestic violence with crisis intervention, counseling, education, legal services, and emergency safe housing, with the help of dedicated volunteers and professionals; and WHEREAS, LUMINA ALLIANCE has received over two thousand calls to the crisis & information line, provided more than six thousand collective nights for shelter clients, and provided more than four thousand, eight hundred hours of therapy; and WHEREAS, LUMINA ALLIANCE serves as “A Bright Light During Dark Times” for survivors of Intimate Partner Violence, Illuminating a path towards safety and healing.
NOW, THEREFORE, BE IT RESOLVED that the Grover Beach City Council, in recognition of the important work done by domestic violence programs, does herby proclaim October 2023, to be “National Dating and Domestic Violence Awareness Month.” IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 10th day of October 2023.
Karen Bright, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 2
MINUTES
CITY COUNCIL MEETING
MONDAY, SEPTEMBER 25, 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.
FLAG SALUTE The flag salute was led by James Coelho, a 9 year-old, 3rd grader from 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, Assistant City Manager Kristin Eriksson, City Clerk Wendi Sims, Administrative Services Director Deanne Purcell (Virtually on Call-In Studio), Acting Public Works Director/CIP Manager Erin Wiggin, Five Cities Fire Chief Steve Lieberman, Commander Jim Munro and Finance Manager Lorena Zarate were also present.
CLOSED SESSION ANNOUNCEMENTS
City Attorney Hale read the following announcement: On Monday, September 11, 2023, at 6:47 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 Attorney) Closed Session Announcements: At 7:24 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present, and announced there were no reportable actions.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as submitted.
CEREMONIAL CALENDAR
1. Proclamation for National Hispanic Heritage Month was read by Council Member Zimmerman.
2. Proclamation for Recovery Month was read by Council Member Weirick and accepted by Renee Poirie, Executive Director of Casa Solana.
PRESENTATIONS
None
Agenda Item No. 3
Minutes: City Council Meeting Page 2
Monday, September 25, 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. No one responded and the Mayor closed the Public Communications segment for this portion of the meeting.
CONSENT AGENDA
At this time the mayor opened the floor to any public comments on the consent agenda. • David Swift
There were no other comments and the mayor closed public comment.
Prior to consideration of the Consent Agenda, Item Nos. 6 and 7 were pulled pursuant to the request of Council Member Weirick for further discussion.
It was motioned by Council Member Rushing and seconded by Mayor Pro Tem Robert to approve Consent Agenda Item Nos. 3, 4, 5, 8 and 9 as recommended. The motion carried on the following roll call 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 August 1, through August 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 August 1, through August 31, 2023
Action: Approved the Treasurer’s Report as submitted.
5. Minutes of the City Council Meeting on Monday, September 11, 2023 Action: Approved the minutes as submitted.
8. Introduction and First Reading of an Ordinance Repealing and Replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code Action: Conducted the first reading, by title only, and introduced an Ordinance repealing and replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code and schedule the second reading and public hearing for the next regular scheduled meeting.
9. FY 2022-23 Community Grants Final Report
Action: Received and filed the final report by recipients of the FY 2022-23 Community Grants.
Minutes: City Council Meeting Page 3
Monday, September 25, 2023
PULLED CONSENT ITEMS
At this time the mayor open public comment for item numbers 6 and 7. • Debbie Peterson
6. Utility Rate Study Report and Approval of Proposition 218 Noticing Action: It was motioned by Council Member Zimmerman and seconded by Council Member Rushing to received and filed the final report from the Utility Rate Study and approve the Proposition 218 noticing process for holding a public hearing on November 13, 2023, on the proposed Water and Wastewater rates. The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – Weirick
ABSENT: Council Members – None
ABSTAIN: Council Members – None
7. Resolution to Proceed with Planning for the Issuance of Central Coast Blue Project Financing and Directing the City Manager to enter into an Agreement for the Financing Team
Action: It was motioned by Council Member Rushing and seconded by Mayor Pro Tem Robert to adopt Resolution No. 23-31 to authorize staff to proceed with planning for the issuance of an Environmental Protection Agency (EPA) Water Infrastructure Finance and Innovation Act (WIFIA) Loan and/or other financing through the State Revolving Loan Fund or Tax-Exempt Financing and directed the City Manager to enter into agreements for the Financing Team. The motion carried on the following roll call 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
RESOLUTION NO. 23-31: A Resolution of the City Council of the City of Grover Beach, California, Directing Staff to Proceed with Planning for the Issuance of Certain Obligations to Finance the Central Coast Blue Project and Directing the City Manager to Engage a Financing Team in Connection Therewith
Minutes: City Council Meeting Page 4
Monday, September 25, 2023
PUBLIC HEARING
None.
REGULAR BUSINESS
10. Update on Fireworks Enforcement and Oversight
Mayor Bright read the title to the foregoing item and deferred to staff for a report.
Police Commander Munro and Five Cities Fire Authority Fire Chief Lieberman gave a PowerPoint presentation for the Fireworks Enforcement and Oversight.
Mayor Bright invited public comment on this matter.
• Cathryn Sells
No additional public comments were received at this time and the Mayor closed public comment.
Action: Council received an update on the fireworks enforcement and oversight in Grover Beach and provided input and direction to bring back an administrative update to the Fireworks Ordinance at a later date.
11. Facilities Condition and Needs Assessment (CIP 3004) Update Mayor Bright read the title to the foregoing item and deferred to staff for a report.
CIP Manager Wiggin introduced RNT Architect consultant Ansgar Killing who gave an informative PowerPoint presentation for the Facilities condition and needs assessment.
Mayor Bright invited public comment on this matter.
• David Swift
No additional public comments were received at this time and the Mayor closed public comment.
Action: Council received information on the Facilities Condition and Needs Assessment and provided input and direction to staff.
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.
Minutes: City Council Meeting Page 5
Monday, September 25, 2023
COUNCIL COMMITTEE REPORTS
Mayor Pro Tem Robert gave an update on the Integrated Wate Management Authority (IWMA) meeting.
Council Member Weirick gave an update on the Homeless Services Oversight Council (HSOC) meeting.
Mayor Bright made comments on the Central Coast Blue Regional Recycled Water Authority (CCBRRWA) meeting.
COUNCIL COMMUNICATIONS
Council Member Rushing spoke on the League of California Cities Annual Conference in Sacramento last week along with his tour of the Diablo Nuclear Power Plant.
Council Member Zimmerman also made comment on the League Conference and informed every one of the South County Chamber of Commerce mixer at the Exploration Discovery Center on Wednesday, September 27 starting at 5:00 p.m.
Mayor Pro Tem Robert reminded everyone of the Pancake Breakfast at the Grange on Manhattan and 13th Street the first Sunday of the month.
Council Member Weirick mentioned his attendance at the League Conference as well as winning a metal in the 34th Annual Dune Run and attending the City Staff’s Chili Cook-off.
Mayor Bright reiterated the success of the League of California Cities Annual Conference and the Dune Run Run.
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson also spoke on the Dune Run and the City’s Staff Chili Cook-off. He brought up the recruitment process going on for the Administrative Services Director position and mentioned that Mayor Bright along with himself will be attending the Celebration of Life for Paso Robles Mayor Steve Martin on Wednesday, September 27th.
CITY ATTORNEY’S REPORTS AND COMMENTS
None
CLOSED SESSION
None.
Minutes: City Council Meeting Page 6
Monday, September 25, 2023
ADJOURNMENT
There being no further business to come before the City Council, Mayor Lee adjourned the meeting at 8:32 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 4
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 10, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: City Council Meeting Schedule for Calendar Year 2024
RECOMMENDATION
Adopt the proposed City Council meeting schedule for calendar year 2024.
BACKGROUND
Regular City Council meetings are held on the second and fourth Mondays of each month at 6:00 p.m. If that day falls on a holiday, the meeting is held on the next succeeding day which is not a holiday (GBMC Article II, Section 2301). The Council has the ability to adjust and/or add other meeting dates as deemed necessary and can change the regular meeting schedule by resolution.
Adjustments to the regular Council meeting schedule for 2024 are proposed to provide the Council and City staff with an opportunity to make advance planning arrangements for time off during the summer and winter holiday season. These proposed adjustments are listed below:
1) Cancelling the first meeting in July:
- conducting one meeting only during the month of July to allow the Council and City staff the opportunity to schedule vacation time off during the summer; and 2) Cancelling the first meeting in August:
- conducting one meeting only during the month of August to allow the Council and City staff the opportunity to schedule vacation time off; and 3) Cancelling the second meeting in November and December:
- conducting one meeting only during the month of November and December in the beginning of the month given the extent of holiday activities and to allow Council and City staff the opportunity to schedule vacation time off during the winter holiday.
In addition to the regularly scheduled meetings, the Council may call for special meetings as needed throughout the year.
FISCAL IMPACT
There is no fiscal impact from this action.
Staff Report: City Council Meeting Schedule for Calendar Year 2024 Page 2 October 10, 2023
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Adopt the proposed City Council meeting schedule for calendar year 2024; or
2. Amend the proposed City Council meeting schedule, and adopt the amended meeting schedule for 2024; or
3. Provide alternate direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. 2024 Calendar with Proposed Council Meeting Dates
= Holidays - City Hall Closed = Council Meetings = Proposed Canceled Meetings Attachment 1
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 10, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, CIP Manager
SUBJECT: West Grand Avenue Streetscape Project Bid Rejection (CIP 2287)
RECOMMENDATION
Reject the bid for construction of the West Grand Avenue Streetscape Project (CIP 2287) and receive information on the next steps in advancing this project.
BACKGROUND
The City has placed significant emphasis on improving the West Grand Avenue corridor as part of the “Economic Development and Community Promotion” Major City Goal along with the West Grand Avenue Master Plan. Previous enhancements to West Grand Avenue included work from Highway 1 west to the beachfront area and sections from 2nd to 4th Street and from 8th to 11th Street. These improvements included landscaped medians, street trees, corner ramps and streetlights consistent with the Master Plan. The Council reviewed the Master Plan on February 9, 2021 and provided direction to focus the next phase of improvements on the section from 4th to 8th Street to include a landscaped center median and street trees and other streetscape improvements along with pavement rehabilitation. The Council reaffirmed this direction on October 21, 2021 and directed staff to proceed with the 4th to 8th Street West Grand Avenue Streetscape Project (CIP 2287) in FY 2022-23 given the significant redevelopment planned on this section of West Grand Avenue.
On June 27, 2022, the Council awarded a design contract to BKF Engineers to develop the project design and bid documents for this project. In August, the City was awarded a $1.5 million Community Betterments Grant from the San Luis Obispo Council of Governments (SLOCOG) in recognition of the development opportunities related to this project, particularly with housing. Staff recently learned that the amount of this grant award has been increased to $1.8 million. This grant helped provide funding for the project and allowed for expanding the scope to include the design and construction of storm drains on this section of West Grand Avenue. Staff worked with BKF Engineers to develop the design while using the West Grand Avenue Master Plan as a guide.
The project design scope includes the following items:
• Pedestrian improvements such as curb ramps, bulb outs, pedestrian beacons and sidewalk improvements at select locations
• Class 2 bike lanes including green lanes at intersections • Decorative concrete at crosswalks
• Drought-tolerant landscaped center medians and street trees • Pedestrian level streetlights
• Pavement rehabilitation
• Storm drain installation
Staff Report: West Grand Avenue Streetscape Project Bid Rejection (CIP 2287) Page 2 October 10, 2023
The streetscape project is intended to create a sense of place and an enticement for residents to live, shop and stay within their community as well as attract visitors to the city. West Grand Avenue is also an emerging hub for new multi-family housing and commercial development in Grover Beach and the streetscape improvements will support these developments. As an example, there are pending mixed-use housing developments at 402 West Grand Avenue and 401 West Grand Avenue that include nearly 100 new housing units and ground-level retail space. The mixed-use project at 402 West Grand Avenue was approved by the Planning Commission in early 2023 with construction anticipated to begin this fall while the project at 401 West Grand Avenue was approved by the Commission on October 3rd.
Staff solicited construction bids for the streetscape project on August 17, 2023 with bids due on September 28, 2023. The engineer’s estimated cost for construction for this project was $4.5 million (including bid additives) which already exceeded the amount budgeted for the project though staff had identified unallocated Local Transportation Funds (LTF) to augment project funding. However, the City received only one bid from Papich Construction that was $5.9 million (including bid additives). When budgeting for a construction contingency of 15% and construction management services, the estimated total project cost is nearly $7.3 million or nearly $3.4 million over the amount budgeted for the project.
Staff has performed a bid evaluation and met with contractors and design professionals to better understand the reasoning for the increased costs of construction. The cost of labor, materials, and trucking have greatly increased in the last 12 to 24 months which has impacted prices across the construction industry. Additionally, contractors throughout the county are currently busy with projects related to the winter storms. Staff reached out to other agencies with recent bid openings and confirmed these cost increases are prevalent though there are signs that these costs may be plateauing.
The receipt of only one bid makes it difficult to evaluate the reasonableness of the bid particularly given the scope and cost of this project. Given this situation, staff recommends formally rejecting the one bid received for construction of the West Grand Avenue streetscape project. Staff intends to return to Council at the October 23rd meeting to review options for advancing this project, including rebidding the project at a later date which may result in more bids as contractors complete current projects.
FISCAL IMPACT
There is no fiscal impact of this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Reject all bids and provide staff direction to return with additional options to advance the project, including by rebidding the project; or
2. Provide staff with alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 10, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: John Peters, Chief of Police
SUBJECT: Second Reading and Public Hearing to Adopt an Ordinance Repealing and Replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code
RECOMMENDATION
Conduct a second reading and public hearing to adopt an Ordinance repealing and replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code.
BACKGROUND
On September 25, 2023, the Council conducted a first reading and introduction of an ordinance of the City of Grover Beach repealing and replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code. This ordinance is shown in Exhibit A of Attachment 1 and would repeal Chapter 3 of Article III in its entirety. This ordinance would replace Chapter 3 which dates back to 1960 with a new Chapter 3 in Article III that has updated traffic regulations.
The new ordinance introduces several regulations not covered by the previous version, including:
• More clearly defined 72-hour parking regulation.
• Provisions regarding the storage of Semi-Trailers on City rights-of-way. • Guidelines for storing Dumpsters, Storage Containers, or other construction equipment on City rights-of-way.
• Establishment of a Recreational Vehicle Parking and Permitting Program. • Elimination of the advisory Traffic Committee.
During the first reading of this new ordinance on September 25, the Council heard public comment requesting clarification and expressing concern regarding two sections in the new ordinance:
• 72-hour parking regulation
• Prohibition of parking vehicles while advertising for sale The expressed concern with the 72-hour parking regulation in Sections 3308 and 3313 was that the regulation would create confusion and would require residents to park their vehicles further away from their homes. For clarification, the City currently has a 72-hour regulation that is enforced on a complaint basis or when an officer notices a vehicle is obviously abandoned. The officer will attempt to contact the registered owner and notify them of the complaint. If the officer is unable to contact the owner, the vehicle is noticed by a sticker on the window and generally the tires are chalked to show if they have moved upon our follow-up check. The vehicle location is noted in the Police Department dispatch computer system and after 72 hours has passed, an officer will respond back to check on the vehicle. If there is no change, then the vehicle may be Staff Report: Introduction and First Reading of Traffic Regulations Ordinance Page 2 October 10, 2023
towed. An overwhelming majority of the time, the vehicle has been moved. The Police Department enforcement process would continue the same way with the enforcement of the new regulation which just extends the distance by which a vehicle must be moved to 1/10 of a mile or 528 feet.
The second issue was regarding the regulation prohibiting parking a vehicle on city right-of-way while advertising it for sale which is covered under Section 3312(C). As stated in this regulation, it is illegal to park a vehicle on a City right-of-way for the purposes of advertising that vehicle for sale. Using the City right-of-way to conduct a private advertisement or sale of private property is not an appropriate use of the City right-of-way. The use of the City right-of-way to advertise vehicles for sale can cause driver distraction for motorists traveling on the right-of-way which may lead to traffic collisions. Additionally, the use of a City right-of-way in residential zones may lead to neighborhood discontent with increased traffic, illegal parking and disputes between neighbors which negatively impact the cohesiveness of a neighborhood. This ordinance does not regulate the advertising of vehicles for sale while they are parked on private property such as a driveway.
Following the public hearing and pending Council adoption of the ordinance, the new Traffic Regulations ordinance would go into effect on November 10, 2023 with enforcement to subsequently begin.
FISCAL IMPACT
There is no fiscal impact from this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the second reading and public hearing to adopt an Ordinance repealing and replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code; or
2. Provide alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Ordinance No. 23-XX with Exhibit A - Traffic Regulations Ordinance
ORDINANCE NO. 23-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA, REPEALING CHAPTER 3 OF ARTICLE III IN ITS ENTIRTY, AND ADDING A NEW CHAPTER 3, OF ARTICLE III OF THE
GROVER BEACH MUNICIPAL CODE FOR THE ADOPTION OF THE
CITY TRAFFIC REGULATIONS
WHEREAS, the City Council of the City of Grover Beach ("City") adopted the first traffic regulation ordinance on October 5, 1960 when it adopted the Uniform Traffic Ordinance of 1960 produced by the League of California Cities; and WHEREAS, the traffic ordinance has been periodically updated, but for the most part the ordinance remained true to the original 1960 adoption; and WHEREAS, staff completed an in-depth review of the Traffic Regulations Ordinance and determined numerous portions of the ordinance are outdated, in conflict with, or a duplication of, other legislation, or no longer relevant; and WHEREAS, staff has prepared and presented a new Traffic Regulations Ordinance for City Council to consider for adoption.
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
PART 1. Chapter 3 of Article III, (Traffic Regulations), of the Grover Beach Municipal Code, is hereby repealed in total.
PART 2. New Chapter 3 of Article III, (Traffic Regulations) is hereby added to the Grover Beach Municipal Code consistent with the attached Exhibit “A” which is hereby incorporated by reference as if set out in full.
PART 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.
PART 4. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.
Attachment 1
PART 5. Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty-first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
INTRODUCED at a regular meeting of the City Council held on September 25, 2023, and PASSED, APPROVED, and ADOPTED by the City Council on _____________, on the following roll call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
RECUSED: Council Members -
DRAFT ___________________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
Approved as to Form:
_____________________________
DAVID P. HALE, CITY ATTORNEY
EXHIBIT A
CHAPTER 3 – TRAFFIC REGULATIONS
09/04/2023
Section 3300. Short Title. This chapter shall be known as the Traffic Ordinance of the City of Grover Beach. The duties and responsibilities enumerated in this Chapter of the Officers and employees including but not limited to the Police Chief and City Traffic Engineer have been delegated by the City Council consistent with Government Code Section 830.6, or as amended, and shall constitute approval consistent therewith.
Section 3301. Traffic Administration.
A. Police Administration. There is hereby established in the police department of this city a traffic enforcement program to be under the control and responsibility of the Chief of Police or their designee.
B. Authority of Police and Fire Department Officials. Officers of the Police Department and designated employees and volunteers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers and designated employees of other city departments or members of the Fire Department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this ordinance or the Vehicle Code.
C. Persons Other Than Officials Shall Not Direct Traffic. No person other than an officer or designated employees of the City of Grover Beach or members of the Five Cities Fire Authority or a person(s) or contractor authorized by the Chief of Police or the City Public Works Director, City Traffic Engineer, or their designee, or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and as herein provided, any mechanical push button signal erected by order of the City Traffic Engineer.
D. Obedience to Police or Authorized Officials. No person shall fail or refuse to comply with or to perform any act forbidden by any lawful order, signal, or direction of a police officer, a member of the Fire Department, or a person authorized by the Chief of Police, Public Works Director, City Traffic Engineer, or their designee or by law.
E. City Traffic Engineer. The office of the City Traffic Engineer is hereby established.
The City Traffic Engineer shall be appointed by the City Manager, or designee, and they shall exercise the powers and duties as provided in this ordinance and in the traffic ordinances of this city. Whenever the City Traffic Engineer is required or authorized to place or maintain official traffic control devices or signals, they may cause such devices or signals to be placed or maintained.
F. Powers and Duties of the City Traffic Engineer – Delegation. It shall be the general duty of the City Traffic Engineer to determine the installation and proper timing and maintenance of traffic control devices and signals, to conduct engineering analyses of traffic collisions and to devise remedial measures, to conduct engineering and traffic investigations of traffic conditions, to cooperate with other city officials in the development of ways and means to improve traffic conditions and to carry out the additional powers and duties imposed by ordinance of this city. Whenever, by the provisions of this ordinance a power is granted to the City Traffic Engineer or a duty imposed upon them, the power may be exercised or the duty performed by their deputy or by a person authorized by them.
G. Duty of the Traffic Program. It shall be the duty of the traffic program with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic, in this city to make arrests for traffic violations, to investigate traffic collisions and to cooperate with the City Traffic Engineer and other officers of the city, in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon the police department by this ordinance and the traffic ordinances of this city.
H. Traffic Collision Reports. The Police Department shall maintain a suitable system of filing traffic collision reports. Data from collision reports may be available for the use and information of the City Traffic Engineer.
I. Traffic Collision Studies. Whenever the collisions at any particular location become numerous, the Police Department will cooperate with the City Traffic Engineer in conducting studies of such collisions and determining remedial measures.
Section 3302. Definitions.
The following words and phrases when used in this ordinance shall for the purpose of this ordinance have the meanings respectively ascribed to them in this article.
Whenever any words or phrases used herein are not defined but are defined in the Vehicle codeof the State of California and amendments thereto, such definitions shall apply.
A. “Alley” is any highway having a roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property.
B. “Bicycle” is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5 of the California Vehicle Code, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of this ordinance and the codes specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle.
C. “Camp Trailer” means a vehicle designed to be used on a highway, capable of human habitation for camping or recreational purposes that does not exceed 16 feet in overall length from the foremost point of the trailer hitch to the rear extremity of the trailer body and does not exceed 96 inches in width and includes any tent trailer. Where a trailer telescopes for travel, the size shall apply to the trailer as fully extended. Notwithstanding any other provision of law, a camp trailer shall not be deemed to be a trailer coach.
D. “Camper” is a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes.
E. “City” means the City of Grover Beach, California.
F. “Central Traffic District” means all streets and portions of streets within the area described as follows: All public rights-of-way on West Grand Avenue, Oak Park Blvd, 4th Street and 13th Street.
G. “Coach” means any bus, motor coach, trackless trolley or passenger stage used as a common carrier of passengers.
H. “Commercial Motor Vehicle” is a motor vehicle of a type required to be registered under the California Vehicle Code, or any other State Vehicle Code or regulations, and is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used or maintained primarily for the transportation of property.
I. “Council” means the City Council of the City of Grover Beach.
J. “County” means the County of San Luis Obispo, California.
K. “Crosswalk” is either:
(1.) That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles, except the prolongation of such lines from an alley across a street.
(2.) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Notwithstanding the foregoing provisions of this section, there shall not be a crosswalk where local authorities have placed signs indicating no crossing.
L. “Curb” means the lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked; the word “curb” as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights-of-way of public utility companies.
M. “Darkness” is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.
N. “Divided Highway” means a roadway divided along its centerline, either by a physical barrier or by signs or markings on the said roadway and providing for specific directional traffic flow in each lane.
O. “Divisional Island” is a raised island or roadway surface delineated by striping in accordance with the California Manual of Uniform Traffic Control Devices in the roadway separating opposing or conflicting streams of traffic.
P. “Electric Bicycle” is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. (a) A person riding an electric bicycle, as defined in this section, is subject to the California Vehicle Code, Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(b) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
Q. “Electric Personal Assistive Mobility Device” or “EPAMD” means a selfbalancing, non-tandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour.
R. “Electrically Motorized Board” is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion.
S. “Fifth-Wheel or Gooseneck Travel Trailer” is a vehicle designed for recreational purposes to carry persons, animals or property on its own structure and so constructed as to be drawn by a motor vehicle by means of a kingpin or ball hitch connecting device.
T. “Highway” is a way or place of whatever nature, publicly or privately maintained and open to the use of the public for the purposes of vehicular travel. Highway includes street.
U. “Holidays” means all Federal, State and City of Grover Beach recognized holidays.
V. “House Car” is a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached. A motor vehicle to which a camper has been temporarily attached is not a house car except that, for the purposes of California Vehicle Code, Division 11 (commencing with Section 21000) and Division 12 (commencing with Section 24000), a motor vehicle equipped with a camper having an axle that is designed to support a portion of the weight of the camper unit shall be considered a three-axle house car regardless of the method of attachment or manner of registration. A house car shall not be deemed to be a motor-truck.
W. “Intersection” is the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two roadways which join one another at approximately right angles or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict.
X. “Loading Zone” The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
Y. “Low Speed Vehicle” is a motor vehicle that meets all of the following requirements:
(1) Has four wheels.
(2) Can attain a speed, in one mile, of more than 20 miles per hour and not more than 25 miles per hour, on a paved level surface.
(3) Has a gross vehicle weight rating of less than 3,000 pounds. (a) For the purposes of this section, a “low-speed vehicle” is not a golf cart, except when operated pursuant to Section 21115 or 21115.1 of the California Vehicle Code.
(b) A “low-speed vehicle” is also known as a “neighborhood electric vehicle.” Z. “Mobile Billboard Advertising Display” means an advertising display that is attached to a wheeled, mobile, nonmotorized vehicle, device or bicycle that carries, pulls or transports a sign or billboard, and is for the primary purpose of advertising.
AA. “Motorcycle” is
(1) a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. (2) A motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle if the vehicle otherwise comes within the definition of subdivision (1).
(3) A farm tractor is not a motorcycle.
(4) A three-wheeled motor vehicle that otherwise meets the requirements of subdivision (1), has a partially or completely enclosed seating area for the driver and passenger, is used by local public agencies for the enforcement of parking control provisions, and is operated at slow speeds on public streets, is not a motorcycle. However, a motor vehicle described in this subdivision shall comply with the applicable sections of this code imposing equipment installation requirements on motorcycles.
BB. “Motor-Driven Cycle” is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle.
CC. “Motorized Bicycle” or “Moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
DD. “Motorized Quadricycle” is a four-wheeled device, and a “motorized tricycle” is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. The device shall be utilized only by a person who by reason of physical disability is otherwise unable to move about as a pedestrian or by a senior citizen as defined in Section 13000 of the California Vehicle Code.
EE. “Motorized Scooter” is any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion.
For purposes of this section, a motorcycle, as defined in Section 1.23, a motor-driven cycle, as defined in Section 1.24, or a motorized bicycle or moped, as defined in Section
1.25, is not a motorized scooter.
FF. “Motor Vehicle” is a vehicle that is self-propelled. “Motor vehicle” does not include a self-propelled wheelchair, motorized tricycle, or motorized quadricycle, if operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.
GG. “Official Traffic Control Signal” is any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction.
HH. “Park or Parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
II. “Parkway” shall mean the portion of a public street or right-of-way lying between the curb or edge of the roadway and a sidewalk or public walkway.
JJ. “Passenger Loading Zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
KK. “Pedestrian” is
(1) a person who is afoot or who is using any of the following:
(a) A means of conveyance propelled by human power other than a bicycle. (b) An electric personal assistive mobility device.
(2) “Pedestrian” includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian.
LL. “Pedicab” means any of the following:
(1) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. (2) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.
(3) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire.
MM. “Peace Officer” means every law enforcement officer of the State of California, the Police Department of this city and any Community Services Technician authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
NN. “Private Road or Driveway” is a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public.
OO. “Recreation Vehicle” means a motorhome, travel trailer, truck camper, camping trailer, or other vehicle or trailer, with or without motive power, designed or altered for human habitation for recreational, emergency, or other human occupancy. “Recreational vehicle” specifically includes, but is not limited to: a “recreational vehicle” as defined by California Health and Safety Code Section 18010; a “truck camper” as defined by Health and Safety Code Section 18013.4; a “camp trailer” as defined in California Vehicle Code Section 242; a “camper” as defined in California Vehicle Code Section 243; a “fifth-wheel travel trailer” as defined in California Vehicle Code Section 324; a “house car” as defined by California Vehicle Code Section 362; a “trailer coach” as defined in California Vehicle Code Section 635; a van camper; or a van conversion.
PP. “Residential District” is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. A residential district may be longer than one-quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists.
QQ. “Roadway” is that portion of a highway improved, designed, or ordinarily used for vehicular travel.
RR. “RV Permit” means a 48-hour parking permit for a recreational vehicle belonging to a resident of the city issued by the Chief of Police or their designee in accordance with the provisions of this chapter.
SS. “Safety Zone” is the area or space lawfully set apart within a roadway for the exclusive use of pedestrians and which is protected, or which is marked or indicated by vertical signs, raised markers or raised buttons, in order to make such area or space plainly visible at all times while the same is set apart as a safety zone.
TT. “Semi-Trailer” is a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
UU. “Trailer” is a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle.
VV. “Vehicle Code” means the Vehicle Code of the State of California.
Section 3303. Traffic Control Devices.
A. Authority to Install Traffic Control Devices.
(1) The City Traffic Engineer shall have the power and duty to place and maintain or cause to be placed and maintained official traffic control devices when and as required to make effective the provisions of this ordinance. (2) Whenever the Vehicle code requires for the effectiveness of any provision thereof that traffic control devices be installed to give notice to the public of the application of such law the City Traffic Engineer is hereby authorized to install or cause to be installed the necessary devices subject to any limitations or restrictions set forth in the law applicable thereto.
(3) The City Traffic Engineer may also place and maintain or cause to place and maintain such additional traffic control devices as they may deem necessary or proper to regulate traffic or to guide or warn traffic, but they shall make such determination only upon the basis of traffic engineering principles and/or traffic investigations and in accordance with such standards, limitations and rules as may be set forth in this ordinance or as may be determined by ordinance or resolution of the Council.
B. Installation of Traffic Signals.
(1) The City Traffic Engineer is hereby directed to install and maintain official traffic signals at those intersections and other places where traffic conditions are such as to require that the flow of traffic be alternately interrupted and released in order to prevent or relieve traffic congestion or to protect life or property from exceptional hazard.
(2) The City Traffic Engineer shall ascertain and determine the locations where such signals are required by field investigation, traffic counts and other traffic information as may be pertinent and their determinations there from shall be made in accordance with those traffic engineering and safety standards and instructions set forth in the California Manual of Uniform Traffic Control Devices. (3) Whenever the City Traffic Engineer installs and maintains an official traffic signal at any intersection, they shall likewise erect and maintain at such intersection street name signs clearly visible to traffic approaching from all directions unless such street name signs have previously been placed and are maintained at any said intersection.
C. Lane Marking. The City Traffic Engineer is hereby authorized to mark center lines and lane lines upon the surface of the roadway to indicate the course to be traveled by vehicles and may place signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway.
D. Distinctive Roadway Markings. The City Traffic Engineer is authorized to place and maintain distinctive roadway markings as described in the Vehicle Code on those streets or parts of streets where the volume of traffic or the vertical or other curvature of the roadway renders it hazardous to drive on the left side of such marking or signs and markings. Such marking or signs and marking shall have the same effect as similar markings placed by the State Department of Transportation pursuant to provisions of the Vehicle code.
E. Authority to Remove, Relocate and Discontinue Traffic Control Devices. The City Traffic Engineer is hereby authorized to remove, relocate or discontinue the operation of any traffic control device not specifically required by the Vehicle Code or this ordinance whenever they shall determine in any particular case that the conditions which warranted or required the installation no longer exist.
F. Traffic Control Devices: Hours of Operation. The City Traffic Engineer shall determine the hours and days during which any traffic control device shall be in operation or be in effect, except in those cases where such hours or days are specified in this ordinance.
G. Unauthorized Painting of Curbs. No person, unless authorized by this city, shall paint any street or curb surface; provided, however, that this section shall not apply to the painting of house numbers on a curb surface immediately adjacent to the associated house by any person who has complied with the provisions of any resolution or ordinance of this city pertaining thereto.
Section 3304. Turning Movements, Signals and Devices.
A. Authority to Place Turning Markings, Signals or Other Devices at Multi-Lane Intersections. The City Traffic Engineer is authorized to place official traffic control devices within or adjacent to intersections and indicating the course to be traveled by vehicles turning at such intersections, and the City Traffic Engineer is authorized to locate and indicate more than one lane of traffic from which drivers of vehicles may make right or left hand turns, and the course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance.
B. Authority to Place Restricted Turn Signs. The City Traffic Engineer is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.
C. Signal Controlled Intersections – Right Turns.
(1) The City Traffic Engineer shall post appropriate signs giving effect to this section where they determine that the making of right turns against traffic signal “stop” indication would interfere with the safe and orderly flow of traffic. (2) No driver of a vehicle shall make a right turn against a red traffic signal or a stop sign at any intersection which is sign-posted giving notice of such restriction as hereinafter provided in this section.
Section 3305. One-Way Streets and Alleys.
A. Whenever any ordinance or resolution of this city designates any street or portion thereof as a one-way street or alley, the City Traffic Engineer shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
B. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley.
Section 3306. Special Stops Required.
A. City Traffic Engineer to Erect Stop Signs.
(1) Whenever any ordinance or resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, or any railroad grade crossing at which vehicles are required to stop, the City Traffic Engineer shall erect and maintain stop signs as follows:
(2) A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances to other intersections where a stop is required and at any railroad grade crossing so designated; provided, however stop signs shall not be erected or maintained at any entrance to an intersection when such entrance is controlled by an official traffic control signal. Every such sign shall conform with, and shall be placed as provided in, the Vehicle Code.
Section 3307. Crosswalk Regulations.
A. City Traffic Engineer to Establish Marked Crosswalks. The City Traffic Engineer shall establish, designate and maintain crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway as follows:
(1) Crosswalks may be established and maintained at any intersection or other location where the City Traffic Engineer determines that the installation of said crosswalk would provide a safety benefit to pedestrians crossing the roadway subject to the limitation contained in (2) of this section. (2) Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than four hundred feet in length and such crosswalk shall be located as nearly as practicable at mid-block.
(3) The City Traffic Engineer may place signs at or adjacent to an intersection in respect to any crosswalk directing pedestrians shall not cross in the crosswalk so indicated.
B. Standing in the Roadway. No person shall stand in any roadway other than a safety zone or in a crosswalk if such action interferes with the lawful movement of traffic.
This section shall not apply to any public officer, city employee, city contractor or employee of a public utility necessarily upon a street in the line of duty.
Section 3308. Stopping, Standing, and Parking Regulations.
A. Application of Regulations.
(1) The provisions of this ordinance prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict or official traffic control device. (2) The provisions of this ordinance imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of this city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.
B. City Traffic Engineer to Establish and Maintain Stopping and Parking Areas.
The City Traffic Engineer is hereby authorized to maintain, by appropriate signs or by paint upon the curb surface, all no stopping zones, no parking areas and restricted parking areas, as defined and described in this ordinance:
(1) When said curb markings or signs are in place, no operator of any vehicle shall stop, stand or park such vehicle adjacent to any such curb marking or sign in violation of any of the provisions of this ordinance.
C. No Stopping Zones. The City Traffic Engineer shall designate established no stopping zones by placing and maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the hours and day when stopping is prohibited.
During the hours and on the days designated on the signs, it shall be unlawful for the operator of any vehicle to stop said vehicle on any of the streets or parts of streets established by resolution of the Council as no stopping zones.
D. Emergency Parking Signs. Whenever the City Traffic Engineer determines that unacceptable levels of traffic congestion are likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, the City Traffic Engineer and/or the Chief of Police or their designees shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as the City Traffic Engineer and/or the Chief of Police or their designees shall direct during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency or event and the City Traffic Engineer and/or the Chief of Police or their designees shall cause such signs to be removed promptly thereafter.
E. No Parking Areas. No operator of any motor vehicle, trailer, camp-trailer, recreational vehicle, motorcycle, commercial vehicle, coach, house car, low-speedvehicle, or semi-trailer shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized employee, or traffic sign or signal:
(1) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings.
(2) On either side of any street between the projected property lines of any public walk, public steps, street or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface. (3) In any area where the City Traffic Engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface.
(4) In any area established by the City Traffic Engineer as a no parking area, when such is indicated by appropriate signs or by red paint upon the curb surface. (5) On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair of construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow or traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such “no parking” are erected or placed at least twenty-four (24) hours prior to the effective time of such no parking. (6) At any place within twenty feet (20) of a point on the curb immediately opposite the mid-block end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface.
(7) At any place within twenty feet (20) of a crosswalk at an intersection in the central traffic district or in any business district when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop.
(8) Within twenty feet (20) of the approach to any traffic signal, yield sign, stop sign, marked crosswalk, or official electric flashing device. (9) Within fifty (50) feet of the prolongation of an intersecting roadway curb or pavement edge when appropriate signs or markings are in place, except for buses at a designated bus zone.
(10) Within any parkway.
F. Parking Prohibited on Narrow Streets. The City Traffic Engineer is hereby authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. (1) When official signs or markings prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.
G. Parking Adjacent to Schools. The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.
(1) When official signs are erected prohibited parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.
H. 72 Hour Parking. No person who owns or has possession, custody or control of any vehicle, trailer, semi-trailer, or boat shall park such vehicle upon any street, alley, city parking lot, city parking facility, or public right of way for more than a consecutive period of 72 hours. For purposes of enforcement, the mere moving or relocation of the vehicle, trailer, semi-trailer or boat a short distance of less than 1/10th of a mile shall not suffice to interrupt the seventy-two (72) hour period or constitute the beginning of a new seventytwo (72) hour period. Proof that the vehicle was moved less than 1/10th of a mile in a normal traffic lane at any given time shall constitute prima facie evidence that the seventytwo (72) hour period was not interrupted or terminated. The provisions of this subsection are to be interpreted and enforced consistent with a public policy against long-term storage of vehicles upon public streets. A copy of this subsection shall be included as a part of any notice or citation placed on a vehicle concerning the seventy-two (72) hour parking limit.
Section 3309. Parking Space Markings, Loading Zones, and Time Limited Parking.
A. Parking Space Markings. The City Traffic Engineer is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbs where authorized parking is permitted. When such parking space markings are placed on the street, alley, city parking lot, city parking facility or public right of way or highway subject to other and more restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible.
B. Authority to Establish Loading Zones. The City Traffic Engineer is hereby authorized to determine and to mark loading zones and passenger loading zones as follows:
(1) In front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.
(2) In no event shall more than one-half of the total curb length in any block be reserved for loading zone purposes.
(3) Loading zones shall be indicated by yellow paint upon the top of all curbs within such zones.
(4) Passenger loading zones shall be indicated by white paint upon the top of all curbs in said zones.
C. Curb Markings to Indicate No Stopping and Parking Regulations. The City Traffic Engineer is hereby authorized, subject to the provisions and limitations of this ordinance, to place, and when required herein, shall place the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth in California Vehicle Code 21458.
D. Effect of Permission to Load or Unload.
(1) Permission herein granted to stop or stand a vehicle for purposes of loading or unloading of materials shall apply only to commercial vehicles, and shall not extend beyond the time necessary, therefor and in no event for more than thirty (30) minutes.
(2) Permission herein granted to stop or park for purposes of loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than ten (10) minutes.
E. Standing for Loading or Unloading Only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than loading or unloading passengers or material for such time as is permitted in Section 3309(C)(2).
F. 30 Minute Parking. Green curb markings shall mean no standing or parking for a period of time longer than 30 minutes at any time between 9:00 a.m. and 6:00 p.m. on any day except Sunday(s) and holidays. When authorized signs or curb markings have been determined by the City Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any such legible curb marking or sign or parking meter in violation thereof.
G. One Hour Parking. When authorized signs, or curb markings have been determined by the City Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day except Sunday(s) and holidays for a period of time longer than one hour.
H. Two Hour Parking. When authorized signs, or curb markings have been determined by the City Traffic Engineer to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours of 9:00 a.m. and 6:00 p.m. of any day except Sundays and holidays for a period of time longer than two hours.
I. Diagonal Parking. On any of the streets or portions of streets established by resolution of the City Council as diagonal parking zones, when signs or pavement markings are in place indicating such diagonal parking, it shall be unlawful for the operator of any vehicle to park said vehicle except:
(1) At the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits to said allotted space; (2) With the front wheel nearest the curb within six (6) inches of said curb.
The provisions of this section shall not apply when such vehicle is actually engaged in the process of loading or unloading passengers, freight or goods, in which event the provisions applicable in Section 3309(D) of this ordinance shall be complied with.
J. Fire Lane. The City Traffic Engineer is hereby authorized to establish Fire Lane – No Parking zones on public and private roadways after the Fire Department has designated the roadway as a Fire Lane. The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE".
Section 3310. Commercial Vehicle Parking Zones and Restrictions.
A. Coach Zones to be Established. The City Traffic Engineer is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof. Coach zones shall normally be established on the far side of an intersection.
B. Parking or Standing of Commercial Vehicles. In all public areas within the City of Grover Beach zoned R-1, R-2, R-3, R-A, C-R-1, C-R-2, C-R-3, M-H, or C-PR-1, or any curbside parking contiguous to any such zone, the parking or standing of commercial vehicles is hereby prohibited if said vehicle is one or more of the following:
(1) A vehicle with a manufacturer's gross weight rating of 10,000 pounds or more, except for house cars as defined in Vehicle Code Sec. 362 or a trailer coach as defined in Vehicle Code Sec. 635;
(2) A truck trailer as defined in Vehicle Code Sec. 655; (3) A semitrailer as defined in Vehicle Code Sec. 550;
(4) A trailer as defined in Vehicle Code Sec. 630.
(a) This section shall not apply under the following conditions:
(1) When such vehicle is loading or unloading property; (2) When the City Council has determined by resolution that the parking of such vehicles on certain streets or properties shall be permitted; or
(3) When the vehicle is being used in conjunction with a construction project, is parked or standing off of a public right of way and such vehicle parking or standing has been approved in writing by the Community Development Director.
C. Storing of Semi-Trailers. It is unlawful for any person to store, leave standing, or park an unattached semi-trailer or auxiliary dolly on any public street, alley, city parking lot, city parking facility or public right of way or highway except for and during the purpose of loading or unloading it.
D. Display of Warning Devices When Commercial Vehicle is Disabled. Every motor truck having a weight of 20,000 pounds or more, and every truck tractor irrespective of weight, when operated upon any street or highway during darkness, shall be equipped with and carry at least 3 two flares or 3 two warning lights or reflectors. The reflectors shall be of a type approved by the Department of California Highway Patrol. When any vehicle above mentioned or any trailer or semi-trailer is disabled upon streets or highways within this city and upon which street or highway there is insufficient street lighting to reveal a vehicle at a distance of 200 feet during darkness, a warning signal of the character indicated above shall be immediately placed at a distance of approximately 100 feet in advance of, and 100 feet to the rear of, such disabled vehicle by the driver thereof.
The continuous flashing of at least four approved class A-type 1 turn signal lamps, at least two toward the front and at least two toward the rear of the vehicle, shall be considered as to meet the requirements of this section until the devices mentioned above can be placed as in the required locations. The warning signals herein mentioned shall be displayed continuously during darkness while such vehicle remains disabled upon such street or highway.
Section 3311. Unlawful Parking – Peddlers and Vendors.
A. No person shall park or stand on any street, any lunch wagon, eating cart, vehicle or pushcart from which articles of food are sold or offered for sale without first obtaining a written permit to do so from the City of Grover Beach. ..
B. Whenever any permit is granted by the City of Grover Beach under the provisions of the Grover Beach Municipal Code and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon or pushcart on any location other than as designated in such permit.
Section 3312. Unlawful Use of City Rights of Way for Vehicles, Trailers Boats, RollOff Dumpsters, Storage Containers or Construction Equipment.
A. Repairing or Greasing Vehicles on Public Streets. No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any street, alley, city parking lot, city parking facility, or public right of way street in this city. Temporary emergency repairs may be made upon a public street as long as the vehicle or trailer is not interfering with normal traffic or pedestrian flow and that the repair time period does not exceed four (4) hours.
B. Parking of Vehicles for Public Display. The City Council of the City of Grover Beach finds that the display of parked vehicles for the purposes of creating a Mobile Billboard Advertising Display on its streets creates a distraction for drivers and pedestrians, thereby creating a hazard; creates a nuisance for the community; and decreases the parking available for businesses and residents. The City Council further finds that numerous other advertising methods are available and necessary to alleviate this problem. The purpose of this Section is to authorize and empower the Police Department to take various actions when the use of public streets for Mobile Billboard Advertising Displays adversely affects neighborhoods in the City of Grover Beach.
C. Parking of Vehicles Advertising for Sale. It is unlawful to park a motor vehicle, trailer, camp-trailer, recreational vehicle, motorcycle, commercial vehicle, coach, house car, low-speed-vehicle, or semi-trailer on a street, alley, city parking lot, city parking facility or public right of way with a sign or placard on the vehicle that advertises the vehicle is for sale.
(1) For Sections B and C of 3312, a warning citation shall be issued and it shall state that an additional violation may result in the impoundment of the vehicle, even if the vehicle is moved to another street, alley, city parking lot, city parking facility, public right of way or highway in the City of Grover Beach.
C. Advertising Vehicles. No person shall operate or drive any vehicle used for advertising purposes or any advertising vehicle equipped with a sound-amplifying or loudspeaking device upon any street, alley, city parking lot, city parking facility, public right of way or highway at any time within the city.
D. Storing of Vehicles by Businesses. It is unlawful for any person who deals in, or whose business involves the sale, lease, rental, or charter of vehicles to store, park, or leave standing any such vehicle upon any public street, alley, city parking lot, city parking facility or public right of way or highway, except while such vehicle is under lease, rental, or charter by a customer. It is unlawful for any person who operates a business to store vehicles used in the conduct of that business on the street, alley, city parking lot, city parking facility, public right of way or highway.
E. Storing of Vehicles by Auto Repair Businesses. It is unlawful for any person whose business involves the repair, servicing of vehicles or vehicle components to store, park, or leave standing any vehicle on any public street, alley, city parking lot, city parking facility, public right of way or highway after that person has accepted custody of the vehicle from the customer.
F. Unauthorized Parking of Vehicles in a Fire Zone. It is the purpose of this section to prohibit parking of vehicles without permission on privately owned or publicly owned property, and to establish a means to enforce limited time zones on private or public property.
(1) No person, regardless of whether permission has been given by the owner or person in lawful possession, shall park a vehicle in a fire access road established, maintained or posted with signs or roadway markings pursuant to the provisions of the California Vehicle Code Section 22500.1.
Section 3313. When Motor Vehicles, Trailers, Boats, Roll-Off Dumpsters, Storage Containers and Personal Property May Be Removed From any Street or Public Right of Way.
A. Any regularly employed and salaried officer, or authorized employee of the Police Department may remove or cause to be removed:
(1) Any motor vehicle, trailer, or boat that has been parked or left standing upon a street, alley, city parking lot, city parking facility or public right of way or highway for 72 or more consecutive hours. For purposes of this subsection, the mere moving or relocation of a motor vehicle, trailer, or boat for a short distance shall not suffice to interrupt the seventy-two (72) hour period or to constitute the beginning of a new seventy-two (72) hour period. Proof that the vehicle was moved less than 1/10th of a mile in a normal traffic lane at any given time shall constitute prima facie evidence that the seventy-two (72) hour period was not interrupted or terminated. The provisions of this subsection are to be interpreted and enforced consistent with a public policy against long-term storage of vehicles upon public streets. A copy of this subsection shall be included as a part of any notice or citation placed on a vehicle concerning the seventy-two (72) hour parking limit. (2) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice that such vehicle may be removed are erected or placed at least twentyfour (24) hours prior to the removal. (3) Any Roll-Off Dumpster, Storage Container, Sports Equipment, Barricades, privately owned signs, or other items of personal property, other than motor vehicles or trailers found on any street, alley, city parking lot, city parking facility, public right of way or highway create a traffic safety hazard and may be immediately removed from the street, alley, city parking lot, city parking facility, public right of way or highway without prior notice to the owner or person in legal possession of the property. The owner or person in legal possession of the property shall be responsible for all fees associated with the removal and storage of the property.
(4) Motorized power equipment or items of construction equipment or materials found on any street, alley, city parking lot, city parking facility or public right of way or highway that does not have and display an encroachment permit issued by the City of Grover Beach may be immediately removed from the street, alley, city parking lot, city parking facility or public right of way or highway without prior notice to the owner or person in legal possession of the property. The owner or person in legal possession of the property shall be responsible for all fees associated with the removal and storage of the property.
(5) Mobile Billboard Advertising Displays may be removed pursuant to Section 22651, Subdivision (v), of the California Vehicle Code when the mobile billboard advertising display is found upon any public street, alley, city parking lot, city parking facility, public right of way or highway in the City of Grover Beach. Prior to the removal of the mobile billboard advertising display, it shall be issued a warning citation at least twenty-four (24) hours prior to the removal. The warning citation shall state the owner of the mobile billboard advertising display may be subject to penalties upon a subsequent violation and may include removal of the mobile billboard advertising display.
Exceptions. The provisions of section 4 shall not apply to:
(a) Trailers owned by a public utility or licensed contractor while actually in use during the construction, installation, or repair of any public utility, public work or private work when authorized by issuance of an Encroachment Permit; Trailers actively in use for the pick-up or delivery of goods, wares, or merchandise; trailers actively in use for the delivery or pick-up of materials for repairing, altering, remodeling or constructing any building or for delivery of commercial services such as, without limitation, swimming pool cleaning or gardening; travel trailers actively in use by persons loading or unloading or when making temporary or emergency repairs.
Section 3314. Recreational Vehicle Parking and Permitting.
A. Parking Prohibited. It is unlawful for a person to park or leave standing any recreational vehicle on any street, alley, city parking lot, city parking facility, or public right of way in the city between the hours of 9:00 p.m. and 6:00 a.m.
B. Exceptions.
(1) Recreational Vehicles for which a RV permit has been issued, is valid for a period of 72 hours and is displayed on the inside front windshield of the RV where it is visible to persons outside the vehicle.
(2) Recreational Vehicles parked or left standing as a result of a mechanical breakdown so as to allow the performance of emergency repairs on the vehicle for a period not to exceed 24-hours.
C. Recreational Vehicle Parking Permits.
(1) The chief of police, or their designee, has the authority to issue RV permits and to revoke such permits in accordance with the provisions of this chapter. (2) Persons holding a valid RV permit issued pursuant to this chapter may park the recreational vehicle for which the permit was issued on a street in a residential area during the restricted hours of 9:00 p.m. to 6:00 a.m., provided the recreational vehicle is parked along the curb line within the same block as the residence listed in the application for which the permit is issued and the permit is valid. If the residence is located on a corner, then the permit holder may park along the curb line of either of the streets on the block on which the residence is located as long as the vehicle is not parked within 50 feet of the corner. (3) Except as expressly provided in this chapter, a RV permit does not authorize any vehicle to park in a location or manner that is otherwise prohibited by this code or by the California Vehicle Code.
(4) A RV permit does not guarantee the availability of parking at any time.
D. Duration and Limits.
(1) RV permits will be valid for 72-hours. The permittee may apply for a total of four (4) RV permits within a 30-day period. Permits shall not be issued consecutively, nor within a 72-hour period to a previous permit. A permit may be issued provided all the conditions set forth in the Municipal Code continue to be met. No more than one RV permit shall be issued for each residential address in the city at any given time.
E. RV Permit Application.
(1) Every resident desiring a RV permit for their own recreational vehicle or recreational vehicle under their possession and control shall file an application with the police department Monday – Thursday from 8:00 a.m. to 4:00 p.m. containing the following information:
(a) The name, residential address and phone number of the resident applying for the permit along with proof of residency satisfactory to the Chief of Police such as a current driver’s license or identification card, property tax bill, or public utility bill.
(2) The name, address, and phone number of the registered owner of the recreational vehicle for which a permit is sought along with a copy of the vehicle registration from the California Department of Motor Vehicles or equivalent agency from another state. If the resident applying for the RV permit is not the registered owner, a letter of authorization from the registered owner shall be included. (3) The license number, year, make and model of the recreational vehicle and its dimensions as to width, height, and length.
(4) Such additional information the Chief of Police, or their designee, may reasonably require.
F. RV Permit Issuance.
(1) The Chief of Police or their designee may issue a RV permit unless one of the following findings is made:
(a) The applicant is not a city resident.
(b) The resident is not the registered owner of the recreational vehicle or does not have authorization to use such vehicle.
(c) A RV permit has already been issued for a resident at the listed address. (d) There are public safety concerns relating to the parking of the recreational vehicle on the street on which the parking would be provided, including but not limited to a street being too narrow to safely accommodate the recreational vehicle.
(e) The street on which parking would be provided prohibits parking of all vehicles.
(f) The applicant provided information that was materially false.
G. RV Permit – Display.
(1) All RV permits shall include the license plate number of the designated recreational vehicle, the date of issuance, the date of expiration, and the permit number.
(2) All RV permits shall be conspicuously displayed in the lower driver’s side of the windshield so that it is clearly visible from the exterior of the vehicle so that all information is visible in order to avoid a parking ticket. The possession of a valid, unexpired permit that was not properly displayed shall not be considered a defense to a citation for an illegally parked recreational vehicle. (3) Any person who displays a counterfeit, forged, altered, or fraudulent RV permit shall be guilty of a misdemeanor.
H. Prohibited Activities.
Regardless of whether a person has a RV permit, no person shall:
(1) Run electrical cords, extension cords, hoses, cables, or other items across, above, or on the parkway or sidewalk from any property to a recreational vehicle parked on a public street at any time.
(2) Make a sewer connection with a recreational vehicle or dump wastes from a recreational vehicle onto public or private land other than a designated RV dump.
Violation of this subsection is a misdemeanor.
(3) Use such recreational vehicle for human habitation in violation of Grover Beach Municipal Code Article III, Chapter 14.1.
I. Revocation of RV Permit.
(1) The Chief of Police, or their designee, shall have the authority to revoke a RV permit in the following circumstances:
(a) A ground exists which would have justified denial of the permit in the first instance.
(b) The recreational vehicle has fallen into a state of disrepair and has become a public nuisance.
(c) The recreational vehicle has created a disturbance in the neighborhood due to the manner in which it has been used.
(d) The recreational vehicle has become inoperable.
(e) There have been at least two parking citations issued for the recreational vehicle while the permit period is still active. (f) There has been a violation of Section 3314(H).
(g) There has been evidence that the recreational vehicle is being used for habitation.
J. Violations.
A. Unless otherwise specified, all violations of this Section shall be an infraction and such persons shall be subject to citation, towing or both.
Section 3315. Truck Routes.
A. Whenever this City designates and describes any street or portion thereof as a street, the use of which is permitted by any vehicle exceeding a maximum gross weight limit of six (6) tons, the City Traffic Engineer is authorized to designate such street or streets by appropriate signs as "Truck Routes" for the movement of vehicles exceeding a maximum gross weight limit of six (6) tons.
B. When any such truck route or routes are established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight limit of six (6) tons shall drive on such route or routes and none other except that nothing in this section shall prohibit the operator of any vehicle exceeding a maximum gross weight of six (6) tons coming from a "Truck Route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pickups and deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the repair, alteration, remodeling or construction of any building or structure upon such restricted streets for which a building permit has previously been obtained.
C. The provisions of this section shall not apply to (1) passenger buses under the jurisdiction of the Public Utilities Commission, (2) any vehicle owned by a public utility, or (3) any vehicle under contract to the City.
D. The following streets and parts of streets are hereby declared to be truck routes for the movement of vehicles that exceed a maximum gross vehicle weight of six (6) tons:
(1) Grand Avenue - within City Limits
(2) North and South Oak Park Boulevard - from Long Branch Avenue to the Northern City Limit
(3) Farroll Road - from South 4th Street to Oak Park Boulevard (4) Highland Way - From South 4th street to 13th Street (5) North and South 4th Street - within City Limits
(6) El Camino Real - from the Western City Limit to the Eastern City Limit (7) Ramona Avenue - from North 4th Street to Front Street (8) 3rd Street - from Grand Avenue to Ramona Avenue
(9) Front Street - from Ramona Avenue to Newport Avenue (10) The Pike – From 13th Street to 23rd Street
(11) South 13th Street from Farroll Road to The Pike
Section 3316. Special Speed Zones.
A. Established Speed Limits in Certain Zones. In accordance with Vehicle Code Section 22357, an engineering and traffic survey has been performed that provides recommendations to establish the speed limit necessary for safe operation of vehicles for the following streets. It is hereby declared that the prima facie speed limit for the following streets shall be as designated below when signs are erected giving notice thereof:
(1) 25 MILES PER HOUR
(a) Highland Way – South 4th Street to South 13th Street (b) South 8th Street – West Grand Avenue to Farroll Road (c) Long Branch Avenue – South 4th Street to South Oak Park Boulevard (d) Mentone Avenue – South 4th Street to South Oak Park Boulevard (e) North Oak Park Boulevard – El Camino Real to Atlantic City Avenue (2) 30 MILES PER HOUR
(a) Atlantic City Avenue – North 4th Street to North 12th Street (b) Atlantic City Avenue – North 12th Street to North Oak Park Boulevard (c) North 13th Street – Atlantic City Avenue to West Grand Avenue (d) South 13th Street – West Grand Avenue to Farroll Road (e) West Grand Avenue – Highway 1 to Oak Park Boulevard (f) The Pike – South 13th Street to East City Limit
(g) North Oak Park Boulevard – Atlantic City Avenue to West Grand Avenue
(h) South Oak Park Boulevard – West Grand Avenue to Mentone Avenue (i) South Oak Park Boulevard – Farroll Road to The Pike (j) North 12th Street – Atlantic City Avenue to El Camino Real (3) 35 MILES PER HOUR
(a) South Oak Park Boulevard – Mentone Avenue to Farroll Road (b) Farroll Road – South 4th Street to South 13th Street (c) Farroll Road – South 13th Street to South Oak Park Boulevard (d) North 4th Street – North City Limit to Ocean View Avenue (e) North 4th Street – Ocean View Avenue to Farroll Road (f) North 4th Street - Farroll Road to South City Limit (g) South 13th Street - Farroll Road to The Pike
(4) 40 MILES PER HOUR
(a) El Camino Real – North 12th Street to Eastern City Limit (b) El Camino Real – Westerly City Limit to North 12th Street Section 3317. Miscellaneous Traffic Regulations.
A. Riding or Driving on Sidewalk. No person shall ride, drive, propel or cause to be propelled any motor vehicle, trailer, camp-trailer, recreational vehicle, motorcycle, commercial vehicle, coach, house car, low-speed-vehicle, or semi-trailer upon any sidewalk excepting over permanently constructed driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk; provided further, that said sidewalk area be substantially protected by wooden planks two inches thick and written permission be previously obtained from the City Traffic Engineer.
Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from 6:00 p.m. to 6:00 a.m.
B. Horses and Horse Drawn Vehicles.
(1) No person shall drive or ride any animal or animal drawn vehicle in, to, or upon any City Street at any time of the day or night.
(2) The City Traffic Engineer or the Chief of Police may authorize, through the issuance of a Parade Permit as outlined in Grover Beach Municipal Code Article III, Chapter 10, the driving or riding of any animal or animal-drawn vehicle for the purpose of holding a public parade or demonstration or function or for other reasons appearing to be necessary, provided that temporary signs or barricades shall designate the specific location in which such functions are to take place and along which such animals or animal drawn vehicles may be ridden or driven.
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: DATE: October 10, 2023
FROM:
PREPARED BY:
SUBJECT:
Honorable Mayor and City Council
Matthew Bronson, City Manager
Karla Mattocks, Human Resources Officer
Adoption of a Resolution Appointing Interim Public
Works Director/City Engineer
RECOMMENDATION
Adopt the Resolution appointing Steve Kahn as Interim Public Works Director/City Engineer.
BACKGROUND
The City’s Public Works Director/City Engineer (Greg Ray) is currently off work on medical leave for an undefined period of time. Staff members within the Public Works Department have served as rotating Acting Director to date to provide management continuity within the department.
However, given the continued uncertainty and the impacts on department workload, the City Manager has sought out potential individuals from outside the City who could serve as an Interim Director while Mr. Ray remains on leave. Staff is subsequently recommending adoption of a resolution appointing Steve Kahn in the position of Interim Public Works Director/City Engineer.
Mr. Kahn is a retired annuitant with extensive experience in Public Works management including over 18 years as the Director of Public Works for the cities of Atascadero and Santa Maria. He has also completed several interim assignments since his retirement from full time employment including most recently in Arroyo Grande as Interim Public Works Director.
Because the selected candidate is an interim retired annuitant under Government Code section 21221(g) (per written CalPERS guidance), the City Council must make the appointment and approve the employment agreement by resolution. This appointment will also be subject to applicable laws under Government Code section 7522.56(d), which limits the number of hours which may be worked in any fiscal year to 960 hours. Pending Council appointment, this interim appointment is scheduled to begin on October 16 and conclude on January 31, 2023 to provide approximately three months of management continuity and coincide with the timing of Mr. Ray returning from leave though this exact timing has not been finalized.
The compensation paid to retired annuitants cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties. For this position of Interim Public Works Director, the applicable hourly rate is $86.24 or $14,948 monthly, which is the top step for the Public Works Director/City Engineer position on the approved salary schedule. Lastly, in accordance with the applicable law, the interim employment does not provide for any other benefit, incentive compensation in lieu of benefits, or any other form of compensation in addition to this hourly pay.
Staff Report: Appointment of Interim Public Works Director/City Engineer Page 2 October 10, 2023
FISCAL IMPACT
The recommended action would result in an approximate cost of $47,500 for the remainder of the Fiscal Year 2023-24. However, this cost will be offset by the cost savings of the current Public Works Director/City Engineer Ray’s medical leave.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the Resolution appointing Steve Kahn as Interim Public Works Director/City Engineer; or
2. Provide alternate direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution No. 23-__ appointing Steve Kahn as Interim Public Works Director/City Engineer.
Attachment 1
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, TO APPOINT STEVE KAHN AS INTERIM PUBLIC WORKS DIRECTOR/CITY ENGINEER.
WHEREAS, the representatives of the City propose to appoint Steve Kahn as Interim Public Works Director/City Engineer;
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, DOES DELARE, DETERMINE, AND ORDER AS FOLLOWS:
That the City Council of the City of Grover Beach does hereby adopt this Resolution ratifying the above-referenced Interim Appointment.
On motion by Council Member _____, seconded by Council Member ____, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 10thTH day of October, 2023.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**
Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 10, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, CIP Project Manager
SUBJECT: Street Repair Update
RECOMMENDATION
Receive an update on the status of Measure K-14 street rehabilitation projects and Major Street rehabilitation projects and provide input and direction to staff including consideration of a pedestrian accessibility project at Grover Heights Elementary School and indefinite closure of South 4th Street south of Highland Way.
BACKGROUND
The City Council has identified “Street Maintenance and Complete Streets” as one of the Council’s FY 2023-25 Major City Goals. Residential streets are maintained primarily using Measure K-14 bond proceeds while the remainder of City streets, which are generally arterial streets referred to as “major streets,” are funded from other sources including the General Fund, Gas Tax funds allocated by the State, Local Transportation Funds allocated by the San Luis Obispo Council of Governments (SLOCOG), and outside grants. The major streets within the city are 4th Street, Oak Park Boulevard, El Camino Real, West Grand Avenue, Farroll Road and The Pike. The City is approaching the ninth year of street rehabilitation work funded by voter-approved Measure K-14 which provides up to $48 million in bond funds for repair of residential streets with an estimated timeframe of 25 years.
Measure K-14 Projects
To date, the City has completed maintenance and repair of over 300 city blocks or approximately 70 percent of the streets included in the Measure K-14 program. Staff anticipates completing the remaining projects within 7-9 years which would be approximately 10 years ahead of the original projected completion date of 2040. The success of the City’s Measure K-14 paving program was highlighted during an education session presented by staff at this year’s American Public Works Association Expo, a conference with thousands of public works professionals from all over the world. Upon completion of all Measure K-14 projects, the estimated cost to maintain all residential streets at a Pavement Condition Index (PCI) value of 65 or better, which is considered to be in good condition $1.5M per year. The City has begun to include maintenance of previous Measure K-14 streets in the Capital Improvement Program though additional projects and ongoing funding will need to be included in the budget in future years. Over the last five years, the City has spent an average of $4 million per year on Measure K-14 Streets compared to an average of $300,000 per year on major streets.
Construction will start on the 16th Measure K-14 project (CIP 2295-16) in November which includes work on 20 blocks at portions of Front Street, N. 2nd Street, Saratoga Avenue, and Ramona Street. Design is also currently underway for the next Measure K-14 street repair project (CIP 2295-17) which includes work on 14 blocks and is anticipated to begin construction in the Staff Report: Street Repair Update Page 2
October 10, 2023
spring. In general, the City is on a cycle of completing 1-2 Measure K-14 projects per fiscal year to continue the extensive progress in improving residential streets. Attachment 2 shows the completed Measure K-14 projects, projects that are currently in design or construction, and remaining residential streets in the Measure K-14 program.
Looking ahead, approximately $15.3 million in available funding remains from the $48 million bond funding with 10 more projects planned for all of the public residential streets including 2295-16 and 17 mentioned above. However, since 2020, inflation has increased significantly and construction costs have escalated on average 10-15% per year. Given the escalating construction costs, staff is forecasting a shortage between $2.5-$4 million to fully complete the programmed Measure K-14 projects within the projected 7-9 year timeframe. This forecast is based on the assumption that inflation should stabilize to the typical 2%-4% range within the next 1-2 years.
Additional funding to complete these projects would need to come from the General Fund or other sources. No immediate action on this long-term funding gap is needed as there is sufficient funding for more immediate projects. However, staff will continue to engage the Council over time in ways to address this funding gap in completing all residential street repairs.
Lastly, project 2295-16 is the third Measure K-14 project where the City’s revised sidewalk infill public/private partnership program has been available to residents. With this program, the City will fund half of the cost for residents to construct concrete sidewalk, curb, and gutter improvements for properties adjacent to active street repair projects. Before the implementation of this program, only 1-2 property owners per project would fund concrete improvements; however, significantly more property owners are participating in this revised program with seven residents implementing such improvements as part of this project. The City’s contribution is funded with an annual allocation between $50,000-$100,000 from the General Fund. While there is no other sidewalk work outside of this program that is funded in the CIP, the City received a previous request from Grover Heights Elementary School to relocate a crosswalk in front of the school which would involve constructing new curb ramps. At Council’s direction, staff has done a preliminary assessment of this work which could cost approximately $25,000. With additional direction from the Council, staff could bring this back to Council for further consideration in February during the mid-year budget process.
Major Streets Projects
The improvements from Measure K-14 funding have focused on local residential streets with improvements to major arterial streets historically limited due to lack of resources for these repairs.
However, in recent years, the City has received additional general revenues including cannabis tax revenues after the approval of Measure L-16 in 2016 and increased sales tax revenues particularly through the additional 1% sales tax approved with Measure F-20 in 2020. As a result, the Council has allocated additional funding for major streets projects with a priority on streets that are heavily used or located with numerous businesses and residents. This work began with the recently completed South Oak Park Boulevard project from West Grand Avenue to Mentone Avenue. This project included pavement rehabilitation as well as vehicle lane reduction to incorporate a buffered bike lane in both directions along with retaining a landscaped median and on-street parking.
The City went out to bid with the West Grand Avenue Streetscape Project (CIP 2287) this summer with construction expected to start this fall. However, as noted in a separate item on this agenda, given the current bidding environment the City only received one bid and the cost was significantly higher than budgeted. This is a significant project in the City’s primary commercial corridor which includes pavement rehabilitation, landscaped medians, sidewalk and crosswalk improvements, street trees, and installation of storm drains along West Grand Avenue from 4th Street to 8th Street.
Staff Report: Street Repair Update Page 3
October 10, 2023
This section of the West Grand Avenue is a prime opportunity for redevelopment focused on housing and commercial uses and with two mixed-use projects pending and the City’s infrastructure improvements will help enable these future uses. Staff plans to bring an item to Council on October 23, 2023 with more information regarding funding to determine how to move forward with this project.
In addition, the FY 2024-2028 Capital Improvement Program (CIP) includes projects for North 4th Street (West Grand to Ocean View), West Grand Avenue (11th-Oak Park), and South Oak Park Boulevard (Mentone to the Pike) over the next several years. However, based on recent bid experience, the cost for these three projects is anticipated to cost an additional $1.3 million over the engineer’s estimate, totaling approximately $7.6 million over three years which would affect the timing of these improvements. The CIP also lists the unfunded needs for paving major streets which include El Camino Real, Farroll Road, The Pike, and S. 4th Street from Farroll Road to the southern City limit next to Oceano for a total estimated need of $12 million along with $500,000 in annual maintenance costs for all major streets. As of now, there is no funding identified for these major streets which is a challenge as these streets will need to be improved at some point.
Staff will continue to engage the Council over time on ways to identify additional funding to meet these repair needs as part of the City’s CIP program.
Lastly, South 4th Street south of Highland Way to the City limit is particularly challenging given the condition of the street and underlying drainage issues from adjacent properties. This street section has historically been lightly traveled given the proximity to Highway 1 and 13th Street and has been closed since this winter given storm damage. Repairing this street section requires a complex redesign to address the challenges with flooding and debris with a total estimated repair cost of approximately $5 million though grant funding for a larger active transportation project (which would include bike lanes and pedestrian improvements) may be available to help carry out this project. Given this situation, staff is recommending that the section of S.4th from Highland Way to the City limit remain closed indefinitely until a permanent solution can be addressed and staff is seeking Council’s concurrence in this approach.
FISCAL IMPACT
While there are no immediate fiscal impacts associated with this item, Council should be aware of the significant construction escalation cost, forecasts for the Measure K-14 bond measure funding, cost for the Major Streets, and future maintenance costs of residential and Major Street improvements identified in the report.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive an update on the status of Measure K-14 street rehabilitation projects and Major Street rehabilitation projects and provide input and direction to staff including consideration of a pedestrian accessibility project at Grover Heights Elementary School and indefinite closure of South 4th Street south of Highland Way; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Staff Report: Street Repair Update Page 4
October 10, 2023
Attachments
1. Map of Measure K-14 Street Projects
2. Map of Major Streets Projects
Completed Projects
2295-1 thru 2295-15
Current Projects
2295-16 & 2295-17
(projects under design)
Future Projects
2295-18 – 2295-24
(projects identified, not yet scheduled)
Map Rev 6-30-23
Attachment 1
Completed Projects
(since 2015)
2270—West Grand Avenue Enhancement - Phase 3
2276 - North Oak Park Blvd Rehabilitation Project
2283 - South 4th Street Pavement Repair Project
2283-1 - Grand Avenue & Oak Park Blvd Intersection
Rehabilitation Project
2284 - South Oak Park Blvd
Future Projects
2285 - North 4th Street
2286 - West Grand Avenue 11th Street to Oak Park Blvd
2287 - West Grand Avenue (4th-8th)
2288 - South Oak Park, Mentone to the Pike
Remaining Projects
The Pike, Farroll Road, El Camino Real
City of Grover Beach
Major Street Rehabilitation Program
COMPLETED, CURRENT & FUTURE PROJECTS