AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, JANUARY 8, 2024, 6:00 PM
Next Resolution No .24-01
Next Ordinance No. 24-01
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
CALL TO ORDER
CALL TO ORDER
FLAG SALUTE
ROLL CALL Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright
CLOSED SESSION ANNOUNCEMENTS
On Monday, December 11, 2023 at a Special Meeting at 2:00 p.m. the Council met in closed session regarding the following item:
1. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Attorney
Close Session Announcements: The City Council reconvened at 4:16 p.m. and Mayor Bright announced the City Council made a recommendation to offer a Professional Services Agreement to Lozano Smith, Attorneys at Law, for City Attorney and Assistant City Attorney services.
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
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
Monday, January 8, 2024
PRESENTATIONS
1. Holiday of Lights Awards
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.
2. Minutes of the City Council Special Meeting on Monday, December 11, 2023 at 2:00 p.m. and the Regular Meeting on Monday, December 11, 2023 at 6:00 p.m. – City Clerk Sims
(Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
3. Introduction and First Reading of an Ordinance Repealing and Replacing Chapter 1 (Sanitary Sewer System) of Article VII (Public Works) of the Grover Beach Municipal Code – Interim Public Works Director/City Engineer Kahn and Senior Engineer MunozMorris (Recommended Action: Introduce and Conduct the First Reading, by title only, of an Ordinance repealing and replacing Chapter 1 (Sanitary Sewer System) of Article VII (Public Works) of the Grover Beach Municipal Code to update the City’s Sewer Ordinance and Schedule the Second Reading and Public Hearing for the next regularly scheduled meeting.)
ROLL CALL VOTE
4. Approval of Professional Services Agreement for City Attorney Services – Assistant City Manager Eriksson
(Recommended Action: Approve the Professional Services Agreement with Lozano Smith, Attorneys at Law, for City Attorney and Assistant City Attorney Services.)
ROLL CALL VOTE
5. Resolution to Approve Appointments to the Citizens Oversight Committee for City Revenue Measures – City Clerk Sims
(Recommended Action: Adopt the Resolution to Confirm and Approve Mayor Bright’s recommendations to Appoint Anne Holden and Jeff Lee to four-year terms on the Citizens Oversight Committee for City Revenue Measures, scheduled to expire on January 8, 2028.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, January 8, 2024
6. Amendment to the City’s Labor Negotiations Team – Human Resources Officer Mattock
(Recommended Action: Approve amendment to the City’s Labor Negotiations Team.)
ROLL CALL VOTE
7. Authorize an “Over-hire” for the Police Department and Resolution to Adjust the Compensation and Classification Plan for the Position of Police Chief - Human Resources Officer Mattock
(Recommended Action: Authorize the City Manager to approve an “over-hire” for the Police Department and Adopt the Resolution to adjust the Compensation and Classification Plan for the Position of Police Chief.)
ROLL CALL VOTE
8. Resolution to Appoint City Treasurer and Authorize the List of City Officials to Order Deposits and Withdrawals from the Local Agency Investment Fund – Human Resources Officer Mattock
(Recommended Action: Adopt the Resolution to Appoint Administrative Services Director Nick Szamet as the new City Treasurer and Authorize the List of City Officials to Order Deposits and Withdrawals from the Local Agency Investment Fund.)
ROLL CALL VOTE
9. Appointment of an Alternate Board Member to Serve on the Central Coast Community Energy Policy Board for 2023-2025 – City Clerk Sims (Recommended Action: Appoint a Council Member to serve as the alternate representative on the Central Coast Community Energy (CCCE) Policy Board for a twoyear term beginning on December 1, 2023, and ending November 30, 2025.)
VOICE VOTE
PUBLIC HEARING
None
REGULAR BUSINESS
10. West Grand Avenue Streetscape Project (CIP 2287) Update – CIP Manager Wiggin (Recommended Action: Receive information on the West Grand Avenue Streetscape Project (CIP 2287), confirm the allocation of additional City funds, and provide direction to staff to readvertise the Project.)
11. Ramona Garden Park (CIP 1259) Update – Interim Public Works Director/City Engineer Kahn and CIP Manager Wiggin
(Recommended Action: Receive an update on the Ramona Garden Park Rehabilitation Project (CIP 1259) Phases 3 and 4 and provide staff direction on the design.)
12. Sewer Upgrades Project (CIP 5002) Update – Administrative Services Director Szamet and Senior Engineer Munoz-Morris
(Recommended Action: Receive information on the Sewer Upgrades Project (CIP 5002) and provide direction to staff to readvertise the project.)
Agenda: Grover Beach City Council Meeting Page 4
Monday, January 8, 2024
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) California Joint Powers Insurance Authority (CJPIA) Clint Weirick (Alt: Zach Zimmerman) 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
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 Agenda: Grover Beach City Council Meeting Page 5
Monday, January 8, 2024
the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
U2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
U2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Agenda Item No. 1
Holiday of Lights Awards
(CC Mtg 1/08/2024)
No Documentation for this Agenda Item –
Holiday of Lights Awards
MINUTES
SPECIAL CITY COUNCIL MEETING
MONDAY, DECEMBER 11, 2023
CALL TO ORDER Mayor Bright called the meeting to order at 2:01 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
ROLL CALL
City Council: Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present.
City Staff: City Manager Matthew Bronson, City Attorney David Hale, Assistant City Manager Kristin Eriksson, and City Clerk Wendi Sims
PUBLIC COMMUNICATIONS
The Mayor opened the floor to any member of the public for comment on any items listed on the agenda.
• Elizabeth Doukas
No additional comments were received and the Mayor closed the Public Communications segment for this portion of the meeting.
CLOSED SESSION
Mayor Bright recessed the meeting into closed session at 2:15 p.m.
It is the intention of the City Council to meet in Closed Session concerning the following item:
1. PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957
Title: City Attorney
Closed Session announcement(s): The City Council reconvened at 4:16 p.m. and Mayor Bright announced the City Council made a recommendation to offer a Professional Services Agreement to Lozano Smith, Attorneys at Law, for City Attorney and Assistant City Attorney services.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 4:17 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 2
MINUTES
CITY COUNCIL MEETING
MONDAY, DECEMBER 11, 2023
CALL TO ORDER Mayor Bright called the meeting to order at 6:01 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
FLAG SALUTE The flag salute was led by Mayor Bright.
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, Police Chief John Peters, Administrative Services Director Deanne Purcell, Community Development Director Megan Martin, Interim Public Works Director/City Engineer Steve Kahn, Five Cities Fire Authority Fire Chief Steven Lieberman and Deputy City Clerk Nicole Retana were also present.
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.
CEREMONIAL CALENDAR
None
PRESENTATIONS
None.
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda.
• David Swift
• Wayne Embrey
Minutes: City Council Meeting Page 2
Monday, December 11, 2023
CONSENT AGENDA
It was motioned by Council Member Rushing and seconded by Council Member Zimmerman to approve Consent Agenda Item Nos. 1, 2, 3, 4, 5, 6, and 7 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.
1. Treasurer’s Report for the Period November 1, through November 30, 2023 Action: Approved the Treasurer’s Report as submitted.
2. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period November 1, through November 30, 2023
Action: Approved the Treasurer’s Report as submitted.
3. Minutes of the City Council Meeting on Monday, November 13, 2023 Action: Approved the minutes as submitted.
4. 2024 City Council Assignments to Boards, Commissions and Committees (Continued from November 13, 2023 meeting)
Action: Adopted Resolution No. 23-38 confirming certain Council assignments and authorized the City Clerk to update FPPC Form 806 for posting on the City’s website.
Resolution No. 23-38: A Resolution of the City Council of the City of Grover Beach, California Revising City Council Committee Assignments for Calendar Year 2024.
5. Resolution Adopting the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority.
Action: Adopted Resolution No. 23-36 to adopt the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority.
Resolution No. 23-36: A Resolution of the City Council of the City of Grover Beach, California adopting 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority.
6. Award of Construction Contact for Nacimiento Repair Project Action: Awarded a contract for construction of Nacimiento Repair Project to S. Chaves Construction, Inc. in the amount of $106,445.45 for the Base Bid; authorizing the City Manager to sign and affirm change orders to an aggregate of $15,000; and authorized the Mayor to execute the contract on behalf of the City.
Minutes: City Council Meeting Page 3
Monday, December 11, 2023
7. Approval of Financing Documents for the Permanent Local Housing Allocation Program (PLHA) financing for People’s Self-Help Housing (PSHH) Low Income Housing project and Appropriation of Revenue
Action: Approved the financing documents for the Permanent Local Housing Allocation Program (PHLA) financing for People’s Self-Help Housing (PSHH) Low Income Housing project located at 164 South 13th Street and 1206 West Grand Avenue and Appropriate the grant money received from the State Department of Housing and Community Development in the amount of Five Million Dollars ($5,000,000.00).
PUBLIC HEARING
8. Adoption of Proposed Water and Wastewater Rate Increases Mayor Bright read the title to the foregoing item and deferred to staff for a report.
A PowerPoint presentation was given by City Manager Bronson, Administrative Services Director Purcell, and General Manager Central Coast Blue Geoff English with WSC Consultant Justin Pickard available for questions.
Mayor Bright invited public comment on this matter.
• Guy Grundmeier
• Amanda Skinner
• Wayne Embrey
• Charles Tenborg
• Elmer Dale
• Debbie Guerra
• Amanda Santos
• David Ekbom
• Mark Davis
• Cathryn Sells
• Michael Meagher
• Scott & Jeanne Kohlbush
• Brenda Auer
• Richard Neufeld
• Victor Early
• Mike Lombandini
• Lesley Marr
• Krista Jeffries
• Jim Kramme
• Teresa Halvorson
• Pam Webster
Minutes: City Council Meeting Page 4
Monday, December 11, 2023
RECESS: Mayor Bright requested a recess, upon consensus of the City Council the meeting recessed at 7:49 p.m.
RECONVENE: At 7:55 p.m. the meeting was reconvened with all members of Council present.
• Jeff Bohrer
• Sylvia Bohrer
• Byron Pruitt
• Pamela Storton
• Paul Masters
• Jill Stegman
• Shad Springer
• Loren Westphal
• Debbie Peterson
• Randall Myrick
• Jeff Lee
• Bob Wilson
• Jocelyn Brennan
No additional comments were received and the Mayor closed public comment.
RECESS: Mayor Bright requested a recess to allow for the protest count, upon consensus of the City Council the meeting recessed at 8:38 p.m.
RECONVENE: At 8:53 p.m. the meeting was reconvened with all members of Council present.
The City Clerk and Deputy City Clerk counted the protests in open session. The number of protests received was 1,687, the number of protests needed was 2,472.
At 10:17 p.m., Mayor Bright stated the meeting was over and cleared the Council Chambers of all audience members. After consultation with the City Attorney the City Council reconvened the meeting at 10:20 p.m.
Action: It was motioned by Council Member Zimmerman and seconded by Council Member Rushing to adopt Resolution Number 23-37 amending the Master Fee Schedule for water and wastewater rates effective February 1, 2024, and to expand the Utility Assistance Program beginning on February 1, 2024 and provide other assistance to customers. The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Zimmerman, and Mayor Bright NOES: Council Members – Weirick and Mayor Pro Tem Robert ABSENT: Council Members – None
ABSTAIN: Council Members – None
Minutes: City Council Meeting Page 5
Monday, December 11, 2023
REGULAR BUSINESS
9. Appointment of Mayor Pro Tem
Mayor Bright read the title to the foregoing item and deferred to staff for a report.
City Attorney Hale presented a brief overview of the appointment process for the Mayor Pro Tem position.
Mayor Bright invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: Mayor Pro Tem Robert accepted the appointment by Mayor Bright to serve a one-year appointment as Mayor Pro Tem for the City of Grover Beach, effective immediately.
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda. No comments were received and the Mayor closed public comment.
COUNCIL COMMITTEE REPORTS
Council Member Weirick made note of the Homeless Services Oversight Council (HSOC) Point in Time Count taking place on Tuesday, January 23, 2024.
COUNCIL COMMUNICATIONS
Council Member Zimmerman requested to discuss the Sign Ordinance and put it on a future agenda with consensus of the Council.
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson recognized the Council for modeling civility, governance and integrity on a very difficult issue. He wished the Council a Happy Holidays and Happy New Year and will see them at the next meeting on Monday, January 8, 2024.
CITY ATTORNEY’S REPORTS AND COMMENTS
City Attorney Hale wished the Council Happy Holidays.
CLOSED SESSION
None.
Minutes: City Council Meeting Page 6
Monday, December 11, 2023
ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 10:41 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 3
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Steve Kahn, Interim Public Works Director
Gabriel Munoz-Morris, Senior Engineer
SUBJECT: Introduction and First Reading of an Ordinance Repealing and Replacing Chapter 1 (Sanitary Sewer System) of Article VII (Public Works) of the Grover Beach Municipal Code
RECOMMENDATION
Introduce and conduct the first reading, by title only, of an Ordinance repealing and replacing Chapter 1 (Sanitary Sewer System) of Article VII (Public Works) of the Grover Beach Municipal Code to update the City’s Sewer Ordinance and schedule the second reading and public hearing for the next regularly scheduled meeting.
BACKGROUND
The City’s current Sewer Ordinance was originally adopted in 1965 in conjunction with the establishment of the City’s original Sewer Assessment District No. 1 (District) that constructed most of the City’s sewer system. The District did not include any land south of Farroll Road as most of that land was privately owned at that time and had not yet been subdivided and developed.
Assessment District No. 1, along with Ordinance 72, sought to standardize requirements for sewer collection in the city and established a timeline for properties to connect to the City’s sewer collection system. Ordinance 72 also established regulations on the character of waste that could be discharged to the sewer collection system and were generally consistent with regulations adopted by the South San Luis Obispo County Sanitation District (SSLOCSD) that operates the sewage treatment plant where sewer from Grover Beach is treated. Since its adoption in 1965, Ordinance 72 has been amended several times as needed to ensure the City’s compliance with new regulations and requirements from SSLOCSD, and to regulate new additions and extensions of the City’s sewer collection system.
Between 2009 and 2020, the City made significant investments to construct sewer mains in the industrial areas south of Farroll Road that resulted in construction of 7,100 linear feet of new sewer main at a cost of $1.8 million. These investments were made at the Council’s direction to modernize and expand the City’s sewer infrastructure and reduce the risk of groundwater contamination from septic systems. However, few properties in this area have connected to the new sewer system and most properties are treating their own wastewater with private septic tank and leach field systems. Most of these private systems were constructed prior to the adoption of the State Water Resources Control Board’s Policy for Onsite Wastewater Treatment Systems and their condition and maintenance history is largely unknown. Standards for private treatment systems were far less stringent at the time these systems were constructed and there is greater potential for groundwater contamination now given the age and unknown condition and history of these systems. In a 1962 Investigation of Nitrates in Ground Water in the Grover Beach area (Attachment 6), the California Department of Water Resources highlighted percolation of domestic Staff Report: First Reading of Ordinance to Update Sewer Ordinance Page 2 January 8, 2024
sewage as of one two major sources of groundwater impairment for the local groundwater. This conclusion has been further confirmed through monitoring Nitrate levels in extracted groundwater through the City’s production wells over the last 60 years. This is a defined constituent element of potential groundwater contamination that the City considers a public health and safety issue.
Staff previously brought a proposed update to the existing Sewer Ordinance to the Council for first reading an introduction on May 8, 2023 and the Council held a public hearing on May 22, 2023. At the hearing, Council considered public comment in opposition to the update and asked that staff review issues presented before modifying the proposed ordinance for adoption. Staff modified the proposed ordinance update to allow for more time to connect to sewer after passage of the updated ordinance, clarify the need for property owners to continue to maintain their existing septic systems properly until time of connection to the sewer system, and clarify exemptions for residential properties that would have to install lift stations to connect to the sewer system. The Council considered a policy discussion of the proposed ordinance, which incorporated changes to address public comments from the May 22, 2023 meeting, on July 24, 2023 and provided direction to staff to return to Council for adoption of the ordinance without further changes.
Proposed Ordinance Updates-Time to Connect
Based on Council direction, this proposed update to the City’s sewer regulations would replace Ordinance 72 and incorporate the language from several other related ordinances and amendments into a single new ordinance. The City’s Master Fee Schedule would be included by reference instead of having fees included directly in the ordinance and the SSLOCSD regulations regarding character of waste would be adopted by reference. These changes allow fees and sewer discharge regulations to be updated without requiring additional updates to the sewer ordinance as frequently going forward. The only regulatory change proposed with this new ordinance is to establish a citywide requirement for connection to the City sewer system, with some exceptions discussed below, and to remove all references to Sewer Assessment District No. 1. Requiring this connection is consistent with Council direction at the July 24th, 2023, ordinance workshop. At that workshop, staff recommended establishing a two-year time period for all properties in Grover Beach to connect to City sewer when a property is located within 200- feet of a City sewer line. Since the workshop, several property owners have proactively sought to connect to City sewer rather than wait for an ordinance update with this requirement, and more continue to apply citing interest in connecting after discovering, due to the City’s workshop and notifications, that their property already had a lateral in the street to their property line. Staff now recommends modifying the two-year connection requirement to a three-year connection requirement in recognition that some property owners have expressed interest in connecting but have requested a slightly longer timeline to budget for the cost of doing so. It is estimated that 130 properties would be affected by this requirement that are currently not connected to sewer.
These three-year grace periods and distance to sewer requirements are consistent with the original requirements in Ordinance 72 which helps ensure continuity between current and past development requirements as the City establishes uniform requirements for the sewer system citywide. The proposed ordinance also retains the ability for the City Council to grant time extensions where special circumstances exist such as an extreme hardship.
Regional Water Quality Control Board Requirements
Throughout the process of drafting the ordinance update, staff have met with Regional Water Quality Control Board staff to discuss current and upcoming regulations as they relate to septic systems. The State Water Resources Control Board is in the process of updating its Onsite Wastewater Treatment System (OWTS) Policy which is enforced by the Regional Water Quality Control Boards (RWQCB) and governs the siting, design, operation, and maintenance of OWTS.
Staff Report: First Reading of Ordinance to Update Sewer Ordinance Page 3 January 8, 2024
The OWTS Policy establishes various tiers for OWTS and designates all existing OWTS as Tier 0 until they begin to fail. If an existing OWTS begins to fail it is automatically reclassified as a Tier 4 (OWTS Requiring Corrective Action) and must be immediately repaired to the standards applicable to a Tier 1 (Low-Risk New or Replacement OWTS). The standards required to repair or replace an existing OWTS to Tier 1 status would make the repair or replacement of most of the existing septic systems in Grover Beach impossible. Systems within 200-feet of City sewer would be required to connect per the California Plumbing Code while systems on properties more than 200-feet from City sewer would see elevated design and construction costs to meet various design requirements included in the OWTS Policy. RWQCB staff indicated that the OWTS policy has been drafted in a way that will ultimately result in the conversion of properties on septic to sewer in urbanized, higher-density jurisdictions like Grover Beach as those systems reach the end of their design life.
Table 1 in Section 7.8 of the OWTS Policy establishes requirements for allowable density per subdivision under Tier 1. For Grover Beach, the highest allowable density would be 2 acres per single family dwelling unit which is a much lower density than that of properties with existing septic systems. Section 8 of the OWTS establishes minimum design and construction standards for OWTS. This section establishes minimum depths to groundwater from the bottom of the OWTS dispersal system. For Grover Beach, a minimum depth of 5-8 feet would be typical which is very difficult to comply with in the industrial area where most of the remaining septic systems are.
Recent data from monitoring wells in the industrial area show that groundwater is located between
6.5 and 8.5 feet below ground surface which is almost entirely above this minimum depth to groundwater when factoring required cover above the dispersal system and the height of the system itself.
This section of the OWTS also establishes the requirement for all new onsite systems to have a replacement area equal to 100% of the system’s size set aside and available for future use which would severely limit usable space on any property proposing a new system. Dispersal systems and replacement areas are not permitted to be covered by an impermeable surface such as asphalt, concrete, or buildings. However, most of the properties in the City’s industrial area are nearly, if not completely, covered in impermeable materials meaning that all replacement or new OWTS would require removal of existing impermeable materials. There are additional standards in Section 8 of the OWTS Policy that govern the design and construction of new or replacement systems, but the points listed above would effectively make replacement of an existing system far more costly than connection to the City’s sewer system in instances where connection to the sewer system is available.
Costs of Connection
Property owners connecting to the City sewer would be required to pay sewer impact fees and the cost to construct their connection and abandon their septic tank system. Due to the varying nature of each property and the ability of each property owner to request various quotes from contractors, staff cannot provide an exact estimate for the total cost of connection to City sewer.
However, based recent connection projects, research into construction costs, and conversations with various contractors offering these services, staff estimates the average cost should generally be $15,000 to $20,000 for one property. This amount includes permits and impact fees paid at time of connection. For residential properties, the impact fees including both City impact fees and SSLOCSD impact fees range from approximately $4,100 to $5,100 depending on the size of their water meter. For commercial and industrial properties, the impact fees including both City impact fees and SSLOCSD impact fees range from approximately $5,300 to $8,900 depending on the size of their water meter. Most of these impact fees are SSLOCSD fees which are subject to change. The remaining costs include City permit fees (which are typically $1,000 or less) and Staff Report: First Reading of Ordinance to Update Sewer Ordinance Page 4 January 8, 2024
construction costs which comprise the bulk of the $15,000-20,000 average cost estimate per property. It would be each property owner’s responsibility to hire their own contractor to perform the septic tank abandonment and sewer connection work. Please see Attachment 4 for a breakdown of the expected costs to connect for a residential property with a ¾" water meter.
Residential Connection Exemptions
Most of the remaining properties not connected to the City’s sewer system are industrial and/or commercial properties, but some residential properties remain on septic as well. For residential properties, it is important to note that Sections 713.0 through 713.7 of the California Plumbing Code (Plumbing Code) establishes that no permit shall be issued for the installation, alteration, or repair of a private sewage disposal system, or part thereof, on a lot for which a connection with a public sewer is available. Within the Plumbing Code, availability of a public sewer system is defined as a sewer main located within 200-feet from the point of connection. An exemption to the connection requirement in the Plumbing Code is provided for residential properties with a properly functioning septic system when the connection to the City sewer cannot be accomplished via a gravity-fed connection. The draft ordinance consequently includes language referencing the Plumbing Code requirements to connect to City sewer and details the exemption for residential properties within 200-feet of City sewer that could not establish a gravity-fed sewer connection.
The exemption would be in effect until an alternate connection point became available that would allow for a gravity-fed connection. This exemption would eliminate a potentially increased cost of connection for residential property owners that are within 200-feet of City sewer but would need to install a sewage pumping station to connect to City sewer. While the Plumbing Code limits this exemption to single family residential properties, the draft ordinance expands this exemption to all residential properties. Commercial and industrial properties are excluded from this exemption in the Plumbing Code, but staff believes that all commercial and industrial properties in the City currently on septic and within 200-feet of a city sewer could establish a gravity-fed connection to City sewer.
Septic to Sewer Grant Funding
Through coordination with the RWQCB, staff expressed the City’s interest in finding ways to reduce the financial burden of sewer connection for property owners experiencing financial hardships. RWQCB staff indicated that there is funding in the State Revolving Fund (SRF) available for septic-to-sewer conversion projects for lower income areas. The City does not qualify for this funding, but specific sub-areas can be studied to determine if the median household income (MHI) in that area qualifies the area for grant funding.
Staff discussed each of the residential areas that are not currently connected to City sewer with RWQCB staff to determine if they would likely qualify for grant funding. RWQCB staff indicated that the area near Rose Court would be very unlikely to qualify as well as the properties in the northern portion of the city. The residential portion of the industrial area was highlighted by RWQCB staff as an area with a strong possibility of qualifying for grant funding. This area has traditionally had a lower MHI and has a high concentration of residential properties that are not currently connected to City sewer. In addition, there are two clusters of residential properties along Farroll Road that could potentially be connected to City sewer through a grant funded project.
These areas are depicted in Attachment 5.
To confirm eligibility, the City would have to fund an income survey to confirm MHI in these areas is consistent with grant funding requirements. The estimated cost of this income survey is $10,000 but that cost would be reimbursed to the City if the areas qualified for a grant funded project. The grant funds have no local match requirement currently and allow for an award of up to $125,000 Staff Report: First Reading of Ordinance to Update Sewer Ordinance Page 5 January 8, 2024
per connected property. This funding would cover needed sewer main extensions, construction of sewer laterals for each property, abandonment of existing septic systems, connection of onsite piping to the new sewer lateral, and payment of impact fees associated with connection to City sewer. This would effectively allow for connection of these residential properties at little to no cost to the property owners.
RWQCB staff have indicated that this grant funded project would likely take between 5-6 years from date of the income survey to completion of construction. The residential properties affected by this would be exempted from connection under the new ordinance because there is not currently a sewer main within 200-feet of their connection point. If this area is determined to be eligible, the grant funding would allow for the connection of approximately 26 residential properties at no cost to the City or the property owners while allowing the City to pursue sewer main extension projects in other areas to achieve connections where not currently possible. Staff will return at second reading and adoption of the draft ordinance with a request for direction from Council as to whether to pursue an income survey for the areas in Attachment 5.
Conclusion
Once adopted, staff will work to contact all properties that currently have City sewer available and inform them of the requirement to connect to City sewer within three years of adoption. Staff anticipates that most of these notices will be sent to properties in the industrial area which is defined as the area bounded by South 4th Street to the west, Farroll Road to the north, South 13th Street to the east, and the City’s southern jurisdictional boundary to the south. In the future if additional sewer main projects are planned, staff would contact affected property owners and advise them of the proposed project and connection requirements. At the July 24th workshop, Council provided direction to staff to finalize a Sewer Connection/Septic Tank Abandonment FAQ/Fact Sheet for property owners to reference if they had questions about the process. The document is finalized, and staff will post it on the City’s webpage when the new sewer ordinance is adopted. Staff also notified all affected property owners of the planned public hearing on January 22, 2024 for the adoption of the updated sewer ordinance.
FISCAL IMPACT
There is no City fiscal impact associated with this action. After connection of properties to City sewer, the City would receive Sewer Development Impact Fees and monthly sewer use payments as established by the Master Fee Schedule. However, this additional revenue would not be a substantial increase in Wastewater Enterprise Fund revenue and would come over time based on the connection timeframe established in the ordinance.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct the first reading, by title only, of an Ordinance to repeal and replace Chapter 1 (Sanitary Sewer System) of Article VII (Public Works) of the Grover Beach Municipal Code; or,
2. Provide staff with alternate direction.
Staff Report: First Reading of Ordinance to Update Sewer Ordinance Page 6 January 8, 2024
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Ordinance No. 24-
2. Sewer-Septic Conversion FAQ/Fact Sheet
3. Map of Properties Currently on Septic
4. Septic to Sewer Cost Breakdown
5. Possible Grant Funded Project Areas
6. 1962 Investigation of Nitrates in Ground Water Report Attachment 1
ORDINANCE NO. 24-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, REPEALING CHAPTER 1 OF ARTICLE VII AND ADOPTING A NEW CHAPTER 1, ARTICLE VII OF THE GROVER BEACH MUNICIPAL CODE WHEREAS, the City of Grover Beach is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, morals or public safety; and
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
PART 1. Chapter 1 of Article VII of the Grover Beach Municipal Code is hereby repealed in total:
PART 2. Chapter 1 of Article VII or the Grover Beach Municipal Code is hereby added as follows:
CHAPTER 1 - SANITARY SEWER SYSTEM
PART 1 - GENERAL PROVISIONS
Sec. 7100. Enabling Authority. This chapter is adopted pursuant to authority granted by Government Code Section 38900 that a city legislative body may construct, establish, and maintain drains and sewers.
The following Municipal Code sections shall remain in full force and effect except that all references language specific to fee amounts shall be repealed and replaced with “as set forth in the Master Fee Schedule as amended from time to time”:
Article II, Chapter 3, Section 2302
Article 111, Chapter 1, Section 3141
Article 111, Chapter 1, Section 3405 (A) & (E)
Article 111, Chapter 1, Section 3903
Article 111, Chapter 1, Section 3908
Article 111, Chapter 1, Section 3915
Article 111, Chapter 11, Section 3976
Article Ill, Chapter 11, Section 3979
Article 111, Chapter 12, Section 3990
Ordinance No. 24-__ Page 2
Article V, Chapter 2, Section 5203
Article V, Chapter 2, Section 5219
Article V, Chapter 2, Section 5220
Article V, Chapter 4, Section 5413 (B) & (H)
Article VII, Chapter 1, Section 7156
Article VII, Chapter 1, Section 7180 (A) - (N)
Article VII, Chapter 1, Section 7182
Article VII, Chapter 1, Section 7185
Article VII, Chapter 1, Section 7190
Article VII, Chapter 2, Section 7233
Article VIII, Chapter 2, Section 8202
Article VIII, Chapter 2, Section 8204
Article VIII, Chapter 2, Section 8205
Sec. 7111. Application. This chapter shall apply to all sewer facilities of the City of Grover Beach, including but not limited to, building sewers, sewer laterals, and sewer mains as defined in Part
2. PART 2 - DEFINITIONS
Sec. 7120. Definitions. (A) For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following terms used herein are defined as follows:
(1) Back-water Valve or Backflow Prevention Device: A device whose purpose is to prevent flow in a sewer in a direction opposite to that of the intended drainage; (2) Council: The City Council of the City of Grover Beach. (3) Building: Any structure used for human habitation, or a place of business, recreation, or other activity and containing sanitary facilities;
(4) Building Sewer: That portion of any sewer beginning at the plumbing or drainage outlet of any building, industrial facility, or preliminary treatment facility, and ending at the property line;
(5) Cesspool or Seepage Pit: An excavation in the ground which receives the discharge from a sewer for the purpose of allowing said discharge to percolate into the ground; (6) City: The City of Grover Beach, State of California; (7) City Engineer: Registered Civil Engineer appointed by the City Council of the City of Grover Beach to perform regular and/or special engineering services; (8) City's Representative: Any person legally authorized by the Council of the City of Grover Beach to represent the City in matters relating to the City’s sewer system; (9) Cleanout: A branch fitting installed in a sewer or other pipe for the purpose of providing access for cleaning;
Ordinance No. 24-__ Page 3
(10) County: County of San Luis Obispo, State of California; (11) Crown: The highest point of the inside surface of a sewer cross-section; (12) District, Sanitation District, or SSLOCSD: The South San Luis Obispo County Sanitation District;
(13) District’s Representative: Any person legally authorized by the Board of Directors of the South San Luis Obispo County Sanitation District to represent the District; (14) Engineering Standards and Specifications: The current edition of the Engineering Standards and Specifications of the City of Grover Beach. (15) Fixture: Any sink, tub, shower, toilet, or other facility connected by drain to the sewer:
(16) Garbage: Solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage and sale of agricultural products; (17) Lot: Any piece or parcel of land, bounded, defined, or shown upon a plot or deed recorded in the office of the County Recorder of San Luis Obispo County, provided, however, that in the event any structure is located upon more than one parcel of land all under one ownership and as herein defined, the term "lot" shall include all such parcels of land. For purposes of land which is to be annexed to or served by the City, the term "lot" shall be defined as (1) a minimum size parcel or parcels into which said land can be subdivided or split as permitted by the local zoning regulations, or (2) the actual number of parcels into which said land is subdivided or split as evidenced by records filed with the County Recorder;
(18) Manhole: A structure for the purpose of providing access to a buried sewer; (19) Permit: Any written authorization required pursuant to this chapter; (20) Person: Any human being, individual, firm, company, partnership, association, corporation, government or agency;
(21) Privy: An excavation in the ground receiving or intended to receive human body wastes; (22) Public Sewer: That portion of a sewer lying within a public right-of-way or easement, including lateral sewers that are publicly maintained and sewer mains owned and maintained by, and subject to the jurisdiction of, the City; (23) pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution;
(24) Septic Tank: A structure for treating sewage before disposal in a seepage pit or other leaching system;
(25) Sewage: Any water or fluid-carried wastes from residences, business buildings, public buildings, institutions, and industrial facilities;
(26) Sewage Works or Sewerage: All facilities for collecting, pumping, treating, and disposing of sewage;
(27) Sewer: A pipe or conduit for carrying sewage;
(28) Sewer Lateral: The portion of a sewer lying within a public right-of-way or easement and connecting a building sewer to a sewer main. Unless otherwise approved by the City Engineer or publicly maintained, sewer laterals are privately owned and maintained, including the cut-in or wye connection to the sewer main ; (29) Sewer Main: Those sewers, excluding sewer laterals, whose main purpose is to accept sewerage from laterals and convey it to the treatment plant; (30) Shall and May: Shall is mandatory; may is permissive; (31) Trunk Sewer: The same as sewer main.
Ordinance No. 24-__ Page 4
PART 3 - HOUSE SEWERS
GENERAL REGULATIONS AND MATERIALS
Sec. 7130. Separate Connection for Each Building. Every building in which plumbing fixtures are installed shall be separately and independently connected with the public sewer except as provided herein.
Sec. 7131. Exception; Dwelling in Rear. Where a dwelling is on the rear of a lot, on the front of which is another building and the total street frontage of the said lot does not exceed sixty (60) feet, and is under one ownership, a separate sewer connection will not be required.
Sec. 7132. Exception; Accessory Dwelling Unit. Where an accessory dwelling unit is located on a lot on which there is also a primary residence, and is under one ownership, a separate sewer connection will not be required.
Sec. 7133. Exception; Appurtenant Buildings. Service buildings, such as a garage, servants' quarter, powerhouse, or other like buildings where required as an adjunct to and to be used in connection with a residence, public building, or commercial plant, may be connected to the house sewer serving the main building.
Sec. 7134. Materials. Building sewer lines may be of any materials allowed by the California Plumbing Code currently in effect and approved by the Building Inspector. Conformance with ASTM standards for the materials used shall apply.
Sec. 7135. Building Sewers; Size and Specifications. House sewers shall be not less than four (4) inches in diameter and shall have a continuous and even fall of not less than one-quarter (1/4) of an inch to the foot, except where solid rock or other unusual condition is encountered, then, with the approval of the City Engineer, the requirements for an even grade may be altered to best suit the given condition and to provide the best fall available under the circumstances.
Sec. 7135.1. Building Sewers; Backflow Prevention Devices. Building sewers must be constructed in accordance to the requirements of the California Plumbing Code with regard to backflow prevention devices. The installation of the backflow prevention device shall be at the sole cost and expense of the property owner and maintenance of the device shall be the sole obligation of the property owner or the owner’s successor in interest.
Sec. 7136. Protection of Sewer Laterals Where Substandard Depth. That portion of the sewer lateral from the curb line to the property line which has less than three (3) feet of cover between the top of the pipe and the curb or the top of the ground shall be protected as required by the City Engineer.
Sec. 7137. Old Building Sewers and Sewer Laterals, Use of. Old building sewers and sewer laterals may be used in connection with new plumbing work when, upon examination, they are found to conform to the requirements governing new building sewers and new sewer laterals as provided in this ordinance. Examination of the existing sewer lateral shall be completed prior to issuance of any permit resulting in re-use of the lateral.
Sec. 7138. Permits; When Required. A permit will not be required for the purposes of removing stoppages or performing repairs in any building sewer. Use of the public right-of-Way to repair a sewer lateral shall require an approved Encroachment Permit from the Department of Public Works of the City of Grover Beach
Ordinance No. 24-__ Page 5
Sec. 7139. Building Courts; Common Pipe. Building sewers from a building court (serving four units or more) may be connected to a sewer main through a common pipe and sewer lateral, provided that such common pipe and sewer lateral be of adequate size, as determined by the City Engineer, but must be at least 6 inches in diameter. The common pipe and sewer lateral shall be run in as direct a line to the sewer main as possible and a manhole shall be provided at its junction with the existing sewer main. A riser of the requirements and specifications of the City shall be placed within two and one-half (2-1/2) feet of the point of connection of the house sewer located the farthest from the public sewer. Such building sewers connecting to the common pipe shall be laid under the same requirements as if they were to connect directly to a sewer main.
Sec. 7140. New Septic Tanks, Etc.; Repairs to Old. Where a public sewer is located within a distance of two hundred (200) feet (measured along streets, alleys, avenues, or public rights-ofway upon which the property abuts), from point of connection, no new or replacement septic tank or leach line, leach field or sewer wells shall be constructed. Said properties shall connect to the public sewer and the existing septic tank or well shall be abandoned and removed or filled to the satisfaction of the City Engineer and Community Development Director. An exemption, per the California Plumbing Code, shall be made for residential properties where a public sewer is located within two-hundred feet but connection to the public sewer cannot be accomplished via a gravityfed connection. This exemption shall extend until an alternative point of connection to the public sewer becomes available that allows for a gravity-fed connection. All property owners whose property is currently serviced by a septic tank or sewer well shall take every action necessary to ensure the continued proper functioning of the existing system, regardless of the proximity of a public sewer, and provide for inspections by The Public Works Director, or their designee, upon written request.
Sec. 7140.1 Grease Traps, Catch Basins, Sumps, Etc. To prevent sand, grease, soil or other objectionable matter entering the sewerage system, restaurants and public places serving food shall be provided with grease traps, and public and private garage floor drains and public wash racks shall be provided with catch basins or sumps of a design approved by the City Engineer and in conformance with the California Plumbing Code. Garage and oiling pits shall not be connected to any sewerage system.
Sec. 7141. Time for Connection to Sewerage System. Where a public sewer is located within a distance of two hundred (200) feet (measured along streets, alleys, avenues, or public Right-ofWays upon which the property abuts) and except as otherwise provided in this Chapter, every building now or hereafter situated within the City of Grover Beach in which plumbing fixtures are now or hereafter installed shall be separately and independently connected to the city sewerage system by the property owner within three years of adoption of this Ordinance by the City Council.
Said property owners shall make application for the sewer connection pursuant to Section 7157.
All buildings within the City of Grover Beach which are required by this section to be connected to the city sewerage collection system shall be subject to monthly sewer fees commencing on the date of connection to the sewerage collection system. Upon completion of the required connection to the city sewerage system, any existing septic tank or well shall be abandoned and removed or filled, according to the direction of and to the satisfaction of the City Engineer and the Community Development Director. Upon written application by the property owner, and on a showing of good cause therefore, the City Council may grant an extension of time to connect a building to the city sewerage collection system of up to two additional years. Such extension of time may be granted only upon condition that the applicant pay monthly payments toward the required sewer impact Ordinance No. 24-__ Page 6
fee amount divided into equal installments equivalent to the number of months extension granted by the Council. Failure to comply with any of the provisions of this section shall be deemed to be a misdemeanor.
Sec. 7141.1. Public Nuisance. Notwithstanding any other provisions of the City of Grover Beach Municipal Code, noncompliance with either Section 7140 or 7141 or the further maintenance or use of cesspools, septic tanks, or other means of sewage disposal in the City of Grover Beach inconsistent with the requirements of this Chapter, by any person, except as permitted pursuant to this Chapter, is a public nuisance. The occupancy of any building from which sewage is discharged in violation of this Chapter is a public nuisance, and an action may be brought to enjoin any person from occupying any such building.
PART 4 - GENERAL RULES
Sec. 7150. Engineering Standards and Specifications. The City may, by resolution, update its Engineering Standards and Specifications for the construction of sewerage works, and such standards and specifications, when adopted, shall become part of this ordinance.
Sec. 7151. Private Sewage Systems Unlawful. No person shall connect to, use, provide, or maintain any system for the handling or treating of sewage or other liquid wastes within the boundaries of the City that was not in existence and use at the time of adoption of this Ordinance, except as herein provided, or upon authorization given by resolution of the City Council.
Sec. 7152. Protection from Damage. No unauthorized person shall break, damage, deface, uncover, or tamper with any structure, appurtenance, equipment or other property which is a part of the city sewage system. An approved Encroachment Permit shall be required prior to commencement of any work on a sewer lateral, sewer main, or any sewer appurtenances within the public Right-of-Way. No manhole shall be covered or made inaccessible. If required by changes in surface grade made necessary because of property development, and/or subdivisions, manholes shall be reconstructed by the developer and/or subdivider to conform to this requirement.
Sec. 7153. Investigation Powers. City representatives shall carry evidence establishing their position as an authorized representative of the City and, upon presentation and exhibiting these proper credentials and identification, shall be permitted to enter in and upon all buildings and premises within the City for the purposes of inspection, observation, measurement, sampling, testing, or otherwise performing such duties as may be necessary in carrying out the provisions of this chapter. A denial of a City Representative access to a building or premise for purposes of performing such duties, shall be submitted to the City Attorney’s Office for acquisition of a court ordered inspection warrant.
Sec. 7154. Correction of Violation. Any person found to be in violation of any provision of this chapter shall be served by a representative of the City with written notice stating the nature of the violation and providing a reasonable time limit for the correction thereof. Said time limit shall be not less than two (2) or more than seven (7) working days, unless otherwise indicated in this chapter and/or the City Engineer determines otherwise. Such person shall permanently and completely correct the violation within the period allowed.
Ordinance No. 24-__ Page 7
Sec. 7155. Liability for Damages for Violation. Any person violating a provision of this chapter shall be liable for all damages resulting from such violation, or which arise from actions taken in the correction thereof.
Sec. 7156. Relief. Any person who by reason of special circumstances, believes that the application of any portion of this chapter as to them is unjust or inequitable may make written application to the City Council for relief. Said application shall set forth all of the special facts and circumstances and shall request the specific relief or modification desired. The Council, upon receipt of such application and after such investigation as deemed necessary, may take action to grant such relief or modification as it finds necessary. The Council, on its own motion and without an application, may, when special circumstances make the application of this chapter a hardship or unjust or inequitable, modify or suspend such portion of this chapter for the period during which the special circumstances exist. An application for relief under this section shall be in writing and shall be accompanied by a filing fee as set forth in the Master Fee Schedule and amended from time to time.
Sec. 7157. Permit and Fees Required Before Work Done. No sewer connected or to be connected to the City's sewerage system shall be installed, altered, or repaired until the appropriate permits for the work are obtained from the City and all required fees have been paid.
Sec. 7158. Use of Existing Sewer. Before a permit shall be issued for a sewer connection in any areas within the City, for which a property shall use any existing sewerage facilities of the City for which such property shall not have made full payment of its share of the cost thereof, the owner or applicant shall pay to the City a sum of money for such privilege to be computed by the City.
Sec. 7159. Permit Fees. Permit fees for construction, repair, or maintenance of private sewerage works shall be as set forth in the Master Fee Schedule and amended from time to time.
PART 5 - MAIN EXTENSIONS
Sec. 7160. Main Extensions to New Customers. Mains extended to serve new customers shall be subject to all of the provisions of this chapter. No main extension will be made by the City except on an approved dedicated street, alley, area where the City has obtained a recorded easement.
Sec. 7161. Cost of Main Extensions. The cost of main extensions, other than to subdivisions, may be pro-rated against all lots or property that may ultimately be benefited by connection to the sewer system.
Sec. 7162. Main Extensions to Subdivisions. Where sewer main extensions are required for subdivisions, it will be the responsibility of the owner or subdivider to pay the cost for complete installation of all sewer facilities required within the subdivision and for extension of sewer mains from the subdivision to the nearest existing main of adequate capacity for the area to be served.
Such sewer mains and sewer facilities shall be subject to all the requirements of the City. Upon official acceptance by the City, the City shall assume full ownership, maintenance and control of such mains and sewer facilities.
Ordinance No. 24-__ Page 8
PART 6 - STANDARDS AND REGULATIONS FOR QUALITY OF SEWER DISCHARGE Sec. 7170. No Discharge of Storm Waters, Etc. Into Sewers. It is unlawful for any person to discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into any sanitary sewer, except as is herein specifically provided.
Sec. 7171. Storm Sewers, Etc. Storm water and all unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City Engineer and in conformance with all applicable state and federal laws. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the City Engineer, to a storm sewer or natural outlet.
Sec. 7172. Pretreatment and Prohibited Waste. Except as hereinafter provided, no person shall discharge or cause to be discharged any waters or wastes into any public sewers that are prohibited by the SSLOCSD Ordinance 1994-1, or any subsequent revision currently in effect.
Sec. 7173. Grease, Oil and Sand Interceptors. Grease, oil and sand interceptors shall be provided when required by the California Plumbing Code, the Southern San Luis Obispo County Sanitation District (SSLOCSD) Fats, Oils, and Grease (FOG) Ordinance currently in effect, and when, in the opinion of the City Engineer, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units used solely for human habitation. All interceptors shall be of a type and capacity approved by the City Engineer in accordance with the California Plumbing Code and the SSLOCSD FOG Ordinance, and shall be located so as to be readily and easily accessible for cleaning and inspection. Upon change in ownership of the property, change in property use or change in ownership of property use on which an interceptor is installed, the property owner shall coordinate with the City Representative to perform an inspection of the interceptor and ensure it is compliant with current requirements of the California Plumbing Code and the SSLOCSD FOG Ordinance. Any interceptor found to be out of compliance with the requirements of the California Plumbing Code and/or the SSLOCSD FOG Ordinance shall be modified to comply with current requirements at the property owner’s expense. Food Service Establishments (FSEs) are required to enroll in the City’s Fats, Oils, and Grease Control Program and are subject to the regulatory requirements in this chapter and the SSLOCSD FOG Ordinance. Enrollment is the responsibility of the FSE owner and failure to enroll may result in citation.
Sec. 7173.1 Same; Construction. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water-tight, and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water-tight. Grease and oil interceptors shall be constructed in conformance with the requirements of the California Plumbing Code and the SSLOCSD FOG Ordinance.
Sec. 7173.2. Same; Maintenance. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at their expense, in continuously efficient operation at all times.
Ordinance No. 24-__ Page 9
Sec. 7174. Right to Regulate Water and Wastes and Require Preliminary Treatment, Etc. (A)The admission into the public sewers of any waters or wastes having an average daily flow greater than two (2%) percent of the average daily sewage flow of the City of Grover City, or exceeding the limits established by the SSLOCSD Ordinance 1994-1, or any subsequent revision currently in effect shall be subject to the review and approval of the City Engineer.
(B) Where necessary, in the opinion of the City Engineer, the owner shall provide, at their expense, such preliminary treatment as may be necessary to reduce the nature and constituents of the discharge to comply with Section 7172 or control the quantities and rates of discharge of such waters or wastes.
(C) Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Engineer and of the Regional Water Quality Control Board of the State of California, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
Sec. 7174.1 FOG Control Program Correction of Violation. Any person, FSE, or property found to be in violation of the requirements of this chapter and/or the SSLOCSD FOG Ordinance shall be served by a representative of the City with written notice stating the nature of the violation and providing a time limit for the correction thereof per the requirements of Section 6 of the SSLOCSD FOG Ordinance.
Sec. 7175. Preliminary Treatment Facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner, at their expense.
Sec. 7176. Installation of Control Manholes. When required by the City Engineer, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurements of the wastes.
Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the City Engineer. The manhole shall be installed by the owner at their expense and shall be maintained by the owner so as to be safe and accessible at all times.
Sec. 7177. Measurements, Tests and Analyses. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in Sections 7172 and 7174, shall be determined in accordance with "Standards Methods for the Examination of Water and Sewage," published by American Waterworks Association, and shall be determined at the control manhole provided for in Section 7176, or upon suitable samples taken at said control manhole.
In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
Sec. 7178. Special Agreements with Industrial Concerns. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the industrial concern.
Ordinance No. 24-__ Page 10
PART 7 - SEWER SERVICE CHARGES
Sec. 7180. Sewer Rental Charge. Every person whose premises in the City are served by a connection to the sewerage collection system of the City, whereby the sewerage or industrial wastes, or both, are disposed of by the City to the South San Luis Obispo County Sanitation District sewerage treatment plant, or otherwise, shall pay a sewer rental charge as set forth in the Master Fee Schedule as amended from time to time.
Sec. 7181. Same; Service Outside City. Any connection to the City’s sewerage collection system outside of the City limits shall be charged at double the rate charged within the City, or such other rate as the City Council may determine.
Sec. 7182. Same; Quantity Rates. All users other than single family residences and schools shall be entitled to three thousand (3,000) cubic feet of sewage for the minimum charge. Any excess over the minimum amount shall be charged at the rate as set forth in the Master Fee Schedule and amended from time to time. Such quantities of sewage shall be determined by the City, based upon the percentage of water used which is deposited in said sewer facility. Any occupant who may disagree with the City's determinations may, at the occupant's own expense, install private measuring devices in accordance with specifications approved by the City.
Sec. 7183. Vacancies. In case a residence or place of business becomes vacant, the minimum sewer charge shall be collected.
Sec. 7184. Collections. All charges for such sewage service shall be paid at the same time as water charges are paid to the City and shall be billed upon the same utility bill sent to the user and both amounts must be paid or the City may, in addition to other remedies, shut off the water service.
Sec. 7185. Penalties. Any person failing to pay the sewer service charge when due, and if the water service has been disconnected, shall pay the sum as set forth in the Master Fee Schedule and amended from time to time.
Sec. 7186. Application of Revenue. Revenue derived by the City under the provisions of this chapter shall be used for the operation, acquisition, construction, reconstruction, and maintenance of the sanitary sewer system and shall be applied to the retirement of any bonded indebtedness which was incurred to building the sanitary sewer system.
PART 8 -- SEWER FACILITY FEES
Sec. 7190. Facility Fees. Facility fees shall be charged as set forth in the Master Fee Schedule and amended from time to time.
Sec. 7191. Payment for Connection. The permit for water and sewer connections shall be made at such time as any building permit is issued.
PART 2. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more Ordinance No. 24-__ Page 11
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
PART 3. This Ordinance shall become effective at 12:01 a.m. on the 31st day after the date of its adoption, and within fifteen (15) days after its adoption, it 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 January 8, 2024, and PASSED, APPROVED, and ADOPTED by the City Council on January 22, 2024, on the following roll call vote to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
RECUSED: Council Members –
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Approved as to Form:
DAVID P. HALE, CITY ATTORNEY
C i t y o f G r o v e r B e a c h
DEPARTMENT OF PUBLIC WORKS
154 S. 8th Street ❖Grover Beach, CA 93433 ❖ (805) 473-4530 ❖[email protected] Visit our website at www.groverbeach.org
SEPTIC TANK ABANDONMENT – CONNECTION TO CITY SEWER
FREQUENTLY ASKED QUESTIONS | FACT SHEET
Looking to abandon your septic tank and connect to the City’s wastewater collection system? Please review this form for useful information about this process.
Definitions:
1. Septic Tank, Onsite Wastewater Treatment System (OWTS), or Private Sewage Disposal System (PSDS): A privately owned and maintained underground tank in which sewage is collected and allowed to decompose before draining by means of a leaching field.
2. City Sewer, Public Sewer, Wastewater Collection System: The network of publicly owned and maintained sewer main lines throughout the City of Grover Beach that convey wastewater flows to the South Sal Luis Obispo County Sanitation District collection system and treatment plant in Oceano.
3. Sewer Lateral: The privately owned and maintained sewer line that connects a building on private property to the City’s wastewater collection system. Sewer laterals are maintained by the property owner from the City’s mainline to the building they serve. This includes the portion of the lateral located in the public Right-of-Way.
Frequently Asked Questions (and Answers):
Q: Which properties are required to connect to City sewer? A: All properties with a City sewer line within 200-feet (measured from property line) are required to connect to City sewer immediately in accordance with the City’s Sewer Ordinance.
If a property does not currently have a City sewer within 200-feet, they will be required to connect once a City sewer becomes available within 200’.
Q: Are there exemptions for properties within 200-feet of a City sewer? A: Yes, any residential property that currently has a City sewer within 200-feet but would be required to install a private wastewater pump station to connect to the City sewer system is exempted from immediate connection. These residential properties must connect to City sewer when: 1. Their existing septic system fails or 2. An alternative point of connection to the City’s sewer main becomes available that would not require installation of a private wastewater pump station. This exemption does not extend to commercial and/or industrial properties.
Q: My property is on septic, but the septic system has failed. I do not want to connect to City sewer and wish to repair or replace the existing septic system. What do I have to do? A: Any property that must repair or replace the existing septic system must comply with the requirements of the most recent edition of the California Plumbing Code and the State Water Resource Control Board’s OWTS Policy. If the system cannot be repaired or replaced in compliance with those regulations, connection the City sewer will be required.
Q: My property is on septic but there is a sewer line in the street, and I want to connect to it. What permits do I need?
A: You will need a plumbing permit for the septic tank abandonment. If your property does not have a lateral built to the property line, you will also need an encroachment permit for the work Attachment 2
C i t y o f G r o v e r B e a c h
DEPARTMENT OF PUBLIC WORKS
154 S. 8th Street ❖Grover Beach, CA 93433 ❖ (805) 473-4530 ❖[email protected] Visit our website at www.groverbeach.org
in the public Right-of-Way. The plumbing permit is issued by the Community Development Department and the encroachment permit is issued by the Public Works Department.
Q: How do I find out if my property has an existing lateral built to my property line or if there is an existing connection at the sewer main that I can use for my connection? A: Contact the Public Works Department at [email protected] or (805) 473-4530 for property-specific information about an available lateral or mainline connection.
Q: What fees do I have to pay to connect to City sewer? A: When pulling your permits, you will be required to pay one-time sewer impact fees. There are two main fees: a City wastewater impact fee and a Sanitation District fee. For a residential property with an existing ¾” water meter, the City impact fee is approximately $1,700 and the Sanitation District fee is approximately $2,500. In addition to impact fees, you will need a plumbing permit issued by the Community Development Department for this work. The fees and permit costs change from time to time, and you are encouraged to contact the Community Development Department for an estimate for your specific property. All City fees can be found in the Master Fee Schedule.
Q: Are there recurring charges that I have to pay once I am connected to City sewer? A: Your bi-monthly utility bill will include sewer charges once you connect to City sewer. These charges depend on several property-specific characteristics but a property with a $100 bimonthly utility bill before City sewer charges typically sees an increase of about $50-60 due to sewer charges. These charges include both City monthly charges and Sanitation District monthly charges. You are encouraged to contact the Utility Billing Department for a more detailed estimate for your property’s monthly sewer charges. All City fees can be found in the Master Fee Schedule.
Q: Do I have to hire my own contractor to abandon my septic system and connect to City Sewer? A: Yes, it is your responsibility as the property owner to hire an appropriately licensed and insured contractor to perform the septic abandonment and sewer connection work for your property. The City does not perform this work for private property owners. The cost of this work varies due to property-specific conditions but is generally up to $15,000.
Q: What City inspections are required for my septic abandonment and sewer connection project? A: The City’s building inspector will inspect the abandonment of the existing septic system and the Public Works inspector will inspect the connection to either the existing lateral or the City’s mainline. Building inspection requests can be called in at (805) 473-4527 and Public Works inspections can be called in at (805) 473-4534 at least 48-hours prior to the requested inspection date/time.
Q: I have additional questions about my septic system and/or connection to City’s sewer. What do I do?
A: Please contact the Public Works Department at [email protected] or (805) 473-4530. Depending on your questions, you may also need to speak with the Community Development Department or Utility Billing Department
Attachment 3
$1,700.00
$2,500.00
$1,000.00
$14,800.00
Septic to Sewer Cost Estimate Breakdown
Residential 3/4" Meter
Total Estimated Cost $20,000
City Impact Fees Sanitation District Impact Fees Permits Construction Attachment 4
Attachment 5
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STATE OF CALIFORNIA
THE RESOURCES AGENCY OF CALIFORNIA
DE.EA.RIMENT OF WATER RESOURCF.S
INVESTIGATION OF NITRA.TF.S
ll GROUND WATER
GROVER CITY
SAN WIS OBISPO COUNTY
A Report to
Central. Coastal. Re~ Water Pollution Control Board
(No. 3)
(Project No. 4103-054)
April 1962
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Attachment 6
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TABLE OF CONTENTS I
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l OF TRANSMITl'AL . . . . . . . . • . . . • . . . . • . . . . 111·, >WLEDGMENT . • . . . . . . . . . . . • • . . . • • . . . . . iv CZATION . . . . . . • . . . . . . . • . . • . • • . • • • • V :i.., •.
INTRODUCTION . • . . . . . • • . . 1
>rization . . . • . • . • • . . . . • • • . • . • • • . . • . 1 ,e and Scope . . . . . • . . . . . . . . . • . . • • . . . • 2 0f Investigation . • • . • . . . . . . • . . • . • . . • . ~ . 3
;
GROUND WATER GEOLOO Y AND MOVEMENT • • • . • . 4
WATER QUALITY . . • . • . . . . . . 6
FOSSIBLE SOURCES OF NITRATES IN GROUND WATER • . . 7
mta.ry Rocks . . . . . . . • . . • . . . • • . . • • . . . • ., 8 stic Sewage . . . . . . • . . . • • . . . • . • . . . . . . 9 ~izers . . . . . . . • . • • . . • • . . • • • . . . . . • . 10
WATER WELL CONSTRUCTION PRACTICES THAT
MAY ALLEVIATE NITRATE IMPAIRMENT . . • . . . ll:
SUMMARY OF FINDINGS . . . . . . . . . 14
RECOMMENDATIONS . . . . . . • • • • 14
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No.
ix
TABLES
SUmmary of Well Construction Practices •••••••••
PIATF.S
Area of Investigation •••••••••••••••••
Geologic Sections A - A' and B - B' ••••••••••
Geologic Sections C - C' and D - D 1 • . . . . . . . .
Lines of Equal Elevation of Ground Water, Spring 1960 •• Nitrate Concentrations in Ground Water, Spring 1961
Nitrate Concentration vs. Time . . . . . . • • . . .
Nitrate Concentration va. Time . . . . . . . . . . . . .
APPENDlXES
J-U,neral Analyses of Surface Waters in the Vicinity
of Grover City
Mineral Analyses of Ground waters iD the Vicinity of
Grover City
Mineral Analyses of Se-.rage .Effluent, Arrcyo Grande
Treatment Plant
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• EDMUND G. BROWN
Gov~RNOR :: ~ 908 s . 8ROADWAV , Los ANGELli:5 , CALIF.
TELEPHOHl!h MA 0~4107
STATE OF CALIFORNIA ADDRESS REPLY TO
irpartmrut nf Dltatrr 1Rranurrra P . o. Box 6!598, LOS ANGELES D S , CALIP',
LOS ANGELES
April 30, 1962
ral Coastal Regional water
~uution Control Board (No. 3)
~ Garden Street
Luis Obispo, California
;ention: Mr. Raymond Walsh
Executive Officer
SUbject: Investigation of Nitrates in Ground Water,
Grover City, San Luis Obispo County
ri:;lemen:
Transmitted herewith 1s a report on our studies of the nitrate . _lem in the ground water basin near Grover City, San Luis Obispo County. ~ investigation, authorized under :rnteragency Agreement No. 12--6 and pre-- -d as Project No. 4103-054, included a three-year ground water sampling ram and evaluation of other available hydrologic and geologic data to ~ermine the possible sources ot nitrates and their effects on the local ···nd water supplies.
The study indicates that two major sources of nitrogen are soonsible for the current degradation of the ground water quality, the ication of nitrogenous fertilizers to the agricultural lands overlying _ be.sin, and, to a lesser degree, the percolation of domestic sewage. ~h of these sources co.:r=.ribut~ organic nitrogen in forms other than ·ate or nitrite; however, oxidation and conversion do occur, to subseitly cause ground water impairment.
In view of the fact that these sources of nitrate can be dnated only by placing a considerable economic hardship on the local ea, it 1s recommended that both agricultural and urban users of ground ~er be advised of improved well drilling techniques end well construction ~ards. Compliance with recommended practices shoul.d result in -wtantially reduced nitrate concentrations in the ground water extracted.
Sincerely yours,
/k~ -/'8 _4~~· ~
Herbert A. Howlett, District Engineer
Southern District
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ACKNOWLEOOMENT
The Department of water Resources very gratefully acknowledges the le assistance given to it by the various contributing public agencies i:n.vate companies in San LUis Obispo County,; their cooperation has greatly tated the execution ot the investigation.
nu is made of the following:
City of Arroyo Grande Public Works
In this regard, special
E. C. Loomis and Son, Arroyo Grande
Farm Advisor, San Lu.is Obispo County
Farm Advisor, State of California
Grover City Water District
San Luis Obispo County Flood Control and
Water Conservation District
San Luis Obispo County Health Department
University of California, Davis, California
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STATE OF CALIFORNIA
THE RESOURCES AGENCY OF CALIFORNIA
DEPAR'IME!1T OF ;t'IATER RESOURCES
ErMUND G. BROWN, Governor
ILLIAM E. WARNE, Administrator, The Resources Agency of Cal.1.f'ornia and Director, Department of Water Resources
ALFRED R. GOLZE', Chief Engineer
JOHN R. TEERINK, Assistant -chief Engineer
Southern District
1ert A. Howlett
C. Fowler ••
. . . . . . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . • • District Engineer Chief', PJ anning Branch
This re:port was prepared under the direction of
~d B. Willets • • • • • • • • • • • • • • • Bead, Water Quality Section by
nell L. Gould ••••••••••••• Senior Engineer, Water Resources ld G. Hansen ••••••••.••••• Senior Engineer, Water Re~ooroes 1 F. Lo Bue •••••••••••••••• Junior Engineering Geologist V
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INTRODUCTION
As part of the Department of Water Resources I statewide program water quality monitoring, high concentrations of nitrates were noted in ground water supply utilized in the Grover City area of San Luis 1po County. These concentrations exceed the United States Public 'Vice Dri.Dking Water Standards for nitrates, and were of sufficient dtude to cause concern for the heal.th of the water users. This concern mpted the Central Coastal Regional Water Pollution Control Board to :f\md .nvestigation aimed at a more specific understanding of this critical. :r quality condition. This report presents the results of this study . recommendations for water well construction and sealiIJg practices that tl.d reduce the nitl:a.te concentrations in U1e g.rouncl wt1ters produced in area.
Authorization ~
Section 229 of Division 1 of the California water Code provides eral authorization for the Department of Water Resources to investigate quality of the waters of the state as related to all. sources of .ution, either independently or in cooperation with any person or any .er agency. The regional water pollution control boards under Section i2 of Division 7 of the California Water Code are authorized to request 'F!Stigation of any technical factors involved in water pollution. Starting k958, the Central Coastal Regional Water Pollution Control Board provided .s for this investigation under Project Nos. 58-3-3, 59-3-6, and 3-054.
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FUrpose and Scope
The primary purpose of this investigation was to determine the specific level of concentration of nitrates in the ground waters of the Grover City area, the extent of' the nitrate impairment, and to locate the probable source or sources of nitrates. In addition, reccmnendations were to be f'ormuJ.ated that would al.leviate or remedy the problem of nitrate contamination of the ground water supplies.
To accomplish these purposes, a program of surface water, ground water, and sewage effiuent sampling and analyses was undertaken, together with a limited study of the surface and subsurface geology. The data collected were evaJ.uated to locate the probable sources of nitrates in the ground water and factors a:ffecting ground water impairment.
The sampling program included the collection of samples of the surface waters from the ma.in streams tributary to the study area. In addition to the, department's regularly scheduled ground water monitoring program in the area, water samples frcm selected wells were collected for analysis tvice each year for a period of three years. In all, 30 wells were sampled and 91 mineral analyses of ground water were performed. Two samples were collected of the Arroyo Grande sewage treatment plant e:f'fiuent and analyzed for mineral content. Mineral analyses of the samples of surface water, ground water, and sewage effluent are contained in Appendixes A, B, and c, respectively.
Geologic sections were prepared at selected locations across the study area to illustrate the subsurface physical characteristics of the ground water basin, especially the extent and thickness of sediments -2-
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FUrR9se and Scope
The primary purpose of this investigation was to determine the specific level of concentration of nitrates in the ground waters of the Grover City area, the extent of the nitrate impairment, and to locate the probable source or sources of nitrates. In ad.di tion, recommendations were to be formulated that woul.d alleviate or remedy the problem of nitrate contamination of the ground water supplies.
To accomplish these purposes, a program of surface water, ground water, and sewage effluent sampling and analyses was undertaken, together with a limited study of' the surface and subsurface geology. The data collected were evaluated to locate the probable sources of nitrates in the ground water and factors af'fecting ground water impairment.
The sampling program included the collection o:f samples of the surface waters from the main streams tributary to the study area. In addition to the department's regularly schedul.ed ground water monitoring program .in the area, water samples fran selected wells were collected for analysis twice each year for a period of three years. In all., 30 wel.ls were sampled and 91 mineral analyses of ground water were performed. Two samples were collected of the Arroyo Grande sewage treatment plant effiuent and analyzed for mineral content. Mineral ane.J.yses of the samples of surface water, ground water, and sewage effluent are contained in Appendixes A, B, and C, respectivel.y.
Geologic sections were prepared at selected locations across the study area to illustrate the subsurface physical characteristics of" the ground water basin, especially the extent and thickness of sediments -2-
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I · comprising the aquifers. Lines of equal elevation of the ground water table or pressure surface were plotted to define the ground water gradient.
Water well construction and sealing techniques as practiced at selected wells in the area were carei\tlly studied to determine if any relationship existed between the methods and materials used 1n well construction and the nitrate concentration in the extracted ground water.
Area of Investigation
Grover City is located in the south coastal portion of San Luis 'Obispo County, about 10 miles south of the City of San Luis Obispo, as. ·shown on Plate 1, "Area of Investigation". The area of' investigation is commonly referred to as the lower Arroyo Grande Valley; besides Grover City, it a.iso includes the communities of Arroyo Grande and Oceano. Its boundaries are r01J8hlY U. s. Bighway 101 on the north, Arroyo Grande Creek I_ on the east a.nd south, and the Pacific Ocean on the west. Within this ' area of about 5,000 acres, about 1,500 acres are devoted to agricul.ture, about 2,500 acres support urban development, and the remainder of the area is essentially undeveloped:.
The lower Arroyo Grande Valley experiences prolOIJged swmner seasons which are generally warm and dry. These are followed by short, mild winters 1n which temperatures rarely drop below freezing. Rainfall averages about 18 inches per year and nearly 95 :percent of this amount falls during the months of October through April. Dense coastal fogs, however, a.re common throughout the year.
The water sup:ply for the agricultural and urban developments in the lower Arroyo Grande Valley is obtained primarily :from underground -3-
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reserves. The ground water supply is replenished by deep percolation of rainfa.11, applied water, and stream flow in the Arroyo Grande and Los Berroa Creeks. The A:rroyo Grande and Los Berroa Creeks make up the two ma.in stream systems which pass through the study area. The Arroyo Grande Creek drains a large area to the north of the study area, while the Los Berroa Creek drains a smaller area to the east. The two streams join about. two and one-hall miles east of their point of discharge into the Pacific Ocean.
GROUND WATER GEOLCGY AND MOVEMENT
The ground water basin which underlies ill of the ]JJwer P,r"!:'oyo Grande Vall.ey and extends uninterrupted southward toward the Santa Maria.
River is known as the Arroyo Grande Basin. From a study of the limited well logs a-va.ilable, it appears that the water-bearing sediments fill the ground water basin to depths of over 200 feet below the ground surface.
Wells in the lower Arroyo Grande Valley extract ground water from the entire depth of sediments. These sediments were deposited in the Recent and Pleistocene periods and contain lithologic units identified as alluvium, 1 • _sand dunes, aud the Paso Robles formation. These elemen~a are Rhrnre on Plates 2A and 2B, "Geologic Sections".
The all.uvium consists of unconsolidated clays, silts, sands, and gravels. The alluvial deposits vary in thickness from a few feet to about 200 feet and are found in channels which were eroded in the older Paso Robles formation. Water-bearing saJ:J.ds and gravels in the alluvium are generally highly lenticular or discontinuous and no delineation of aquifer thickness or areal extent coul.d be made. Most well.a in the alluvium studied in the course of this investigation were found to be perforated in the more permeable strata which varied in thickness from a few feet to about 46 feet. -4-
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Recent sand dunes which overlie older sand dunes occur only along a. DB.rl'OW strip of the coast. None of the wells studied penetrated the recent sand dunes.
A major portion of the area of investigation is underlain by the upper Pleistocene sand dunes. Because it is a thin veneer overlying the more productive Pa.so Robles formation, only a few veils tap this upper zone as a source of ground water supply.
The Pleistocene Paso Robles formation which underlies al.l the younger sediments and extends throughout the basin, ranges in thickness fran a few feet to veil over 200 f'eet. This formation, which consists primarily of gravel., sands, silts, and clays., is also highly lenticular, making aquifer correlation difficult. The majority of the ground water extracted in the lower Arroyo Grande Valley is derived from this formation.
There a.re no known geologic structures, such as faul.ts., which affect the movement of' ground water in the lower Arroyo Grande Vall.ey.
Since the sediments comprising the ground water ~~in a.re discontinuous and lenticular, it was not possible to delineate aquifers and it appears that the entire area is one of generally unconfined ground water. Therefore, ground water moves under the influence of gravity 1n the direction of the maximum downward slope of the ground water table.
The ground water table generally follows the slope of the valley floor, that 1s, it slopes in a southwesterly direction. However, because of a large cone of depression in the ground water table created by intensive ground water extractions north of Oceana, the direction of now 1n this immediate area is toward the deepest part of the depression. The shape of the ground water table is illustrated by the ground water contours for the -5-
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spring of 1960 on Plate 3, "Lines of Equal EJ.eva.tion of Ground Water, Spring 196011 • The lowest point in this cone of depression in the spring of 1960 was about 30 feet below sea level. Records indicate that this depression existed as early as 1945.
WATER QUALITY
The quality of the surface waters tri buta.ry to the lower Arroyo I Grande Valley is generally acceptable for domestic purposes and irrigation uses under accepted criteria. The total dissolved solids content of the I
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surface water varies between 500 and 850 parts per million (ppn) and the waters are generally of a calcium-magnesium bicarbonate character. Mineral ~ses of samples of surface water are contained in AppendiX A, "Mineral Analyses of SUrf'ace Water in the Vicinity of Grover City".
The total dissolved solids content of the ground water in the lower Arroyo Grande Valley varies trom 300 to 1,950 ppn, averaging about 600 ppn. These waters are generall.y of a calcium-magnesium bicarbona.tesulf'ate character. Mineral analyses of ground water samples frcm selected wells in the basin are presented in AppendiX B, "Mineral Analyses of Ground Water in the Vicinity of Grover City". The ground water would be considered generally acceptable for domestic purposes if 1 t were not for the high n1 trate concentration found in many of the wells.
The levels of nitrate concentrations in the surf'ace and ground waters were found to vary videly from each other. For example, analyses of surface water samples collected during the period from the fall ot 1950 to the spring of 1961. indicated either a low level or a complete absence of nitrate. In no case did the nitrate concentration of any surface water -6-
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.sample analyzed exceed 9 ppm. en the other hand, nitrate concentrations in / growid. water samples collected during the same period bad a median value of 67 ppm a.n.d ranged as high as 175 ppm at well 30R2. A graphic illustration of the specific nitrate concentrations in the ground waters, and the well. locations, are show on Plate 4, "Nitrate Concentrations in Ground Water, Sprine; 196111 •
POSSIBLE SOORCES OF NITRATES IN GROUND WATER
The excessive nitrate concentrations in the ground water of the lower Arroyo Grande Valley could originate in the water supply to the basin or f'rom within the basin 1 tself. As previously noted, the sur:face water supply to the area is relatively f'ree of nitrate, indicating that this is not the source of the nitrate impairment. F.a.1nfal1 on the area is relatively free of any mineral content aDd. therefore is not considered a contributor of n1 trate. F1naJ..ly, analyses or samples of ground water in the formations adjacent to the lower Arroyo Grande Val.J.ey area that constitute a source of' subsurface inflow indicate a complete absence of nitrogen or nitrate in this source., thereby e1im1nat1ng it as a potential avenue of nitrate intrusion. 'Ibere:fore, the source of nitrate impairment must be within the lower Arroyo Grande Val1ey.
In the loi,rer Arroyo Grande Valley the possible sources of nitrates in the ground water are the presence of nitrate-bearing sedimentary rocks in the ground water basin; the aevage effluent reacbi.Dg the ground waters from cesspools, septic tanks, leach lines, or the local sewage treatment plant; or the widespread and intensive use of nitrogenous fertilizers on farm land. In eval.uating these possible sources, it was noted tba.t the -7-
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concentration ot nitrates in the ground waters varied with time. These nuctuations in nitrate concentration in grQUnd water samples fran selected wells are shown on Plates 5A and 5B, "Nitrate Concentration Versus Time".
These nuctuations were observed to correspond with the fluctuations in the elevation of the ground water table caused by rainfall. It appears that there is & correlation between the period ot rainfall and the rise in ground water levels and the increase 1n nitrate concentration, both occurring after ( a time lag of about one year. This would. indicate that the nitrate impairment of the ground water was a result of ;the leaching of nitrates from the surface of the area followed by deep percolation and addition to the ground water body. The magnitude of the possible contribution :f'rcm the three potential sources noted above is discussed 1n the following sections.
Sedimentary Rocks
y In a report by the United States Geological Survey it was noted that in certain areas of California nitrate deposits in the form o-t sodium nitrate have been found. Generally, these nitrate · deposits are associated with shale or clay :formations l.aid down in lakes in the geologic past and occur as a result of physical. conditions ref1ecting climate and soil character rather than f'ran a unique geologic formation or condition.
Upon review of the geology, climate, and the character o! soil in the area, the possibility of a source of nitrate in the sediments of the Arroyo Grande Basin, appeared unlikely for several reasons. First, no evidence of B:rJ.Y n1 trate bee.ring formations in the source rocks of the Arroyo y Nobl.e, T. F., and Mansfield, G. R. "Nitrate Deposits in the Ame.rgosa Region, Southeastern California", United States Geological. SUrvey, Bull.etin 724-, 1922.
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Grande Basin sediments couJ.d be found. Second, as mentioned previously, there was a de.finite absence ot nitrates in the subsurt'ace inflow. In view of these facts, 1n addition to the apparent cyclic nature of the nitrate concentrations 1n the ground water, this possible source can be ruled out.
Danestic Sewage
The City of Arroyo Grande sewage treatment plant is located in the Fairoaks area and serves about two-thirds of the city's population which resides east of Halcyon Road. The pl.ant bas a design capacity ot 250,000 gallons per d~, and 1s presently treating about 220,000 gallons per day.
Effluent tram the treatment plant 1s discharged to spreading ponds south of the plant. The location of the sewage treatment plant and spreading ponds is shown on Plate 4. Sewage from the uneewered commercial and residential areas west of Halcyon Road including Grover City and the unincorporated Oceano area, is discharged into individual septic tanks and cesspools which serve the area.
The total pop.tlation 1n the sewered and unsewered areas contriboouting sewage wastes to Arroya Grande Basin is estimated to be approximately 12,500. Pop.tla.tion of the City .of Arroyo Grande is approximately 3,300; however, sewage from only about 2,200 passes through the treatment plant.
The present sewage production of 220,000 gallons per day is equivalent to 100 gallons per capita per day. Assuming that the per ca.pi ta sewage output is the same in the unsewered area, the present popll.a.tion of 12,500 is producing about 1,250,000 gallons ot sewage per day, most of which eventual.l.y percolates to the underlying ground water body.
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The mineral analyses of two samples of sewage efnuent from the Arroyo Grande sewage treatment plant indicate that"nitrogen was present in concentrations of 11 ppn and 31 ppn, indicating nitrate potentials of 48 to 136 ppn, respectively. Assuming that the maximum concentration of 31 ppn of nitrogen was present 1n al1 of the sewage output in this area, it is possible that as much as 117,000 pounds of nitrogen per year could be &dded to the local. ground waters i"rom sewage wastes. .Although the nitrogen in the sewage effiuent is not in the nitrate or nitrite form, it is probable that oxidation and conversion to the nitrate form do occur.
Fertilizers
A land use survey conducted by the department in 1959 indicated a large part of the lower Arroyo Grande Valley was devoted to irrigated !381"iculture. Results of this survey are shown on Plate 4. Much of these lands are still under irrigation at the present time. The two major crops in the area are celery and strawberries. About 450 acres east and south of Arroyo Grande Creek are used for growiJ:lg celery, and sane 300 acres west and north I of Arroyo Grande Creek are used for growing strawberries. In addition about I
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2, 000 acres within and ad.Joining the area of investigation are planted to corn, beans, broccoli, and other miscellaneous crops.
Commercial. :fertilizers containillg a high percentage of nitrogen are applied to the crops grown in the area. The average anrn,al application of nitrogen for celery is 290 pounds per acre, for strawberries 145 pounds per acre, and for other crops, about 90 pounds per acre.
Based on these application rates, it is estimated that the quantity of nitrogen for ·a11 crops combined tote.ls some 350,000 pounds. The actual -10-
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I . i appl.ication of fertilizer for a single year on the overlying basin may well. be two or more times this amount because of the occasional practice of double cropping.
Not e.ll of the nitrogen applied to the agricultural lands :remains in the basin to add to the n1 trate impairment. Much of it is absorbed in the growth process of the p1ants in widely varying amounts depending on the particular crop. It is estimated that ot the 350,000 pounds ot nitrogen applied annually, about 2001 000 pounds remain in the basin as a result of excess applied waters and Ullharvested root and pl.ant systems.
It therefore appears that the major source of the nitrate :illlpairment to the ground water of the lower Arroyo Grande Valley is the nitrogenous f"ertilizers applied in the intensive farming conducted in this area. These nitrates are transported to the ground water body primarily by the deep percolation of rainfall and secondarily by the deep percolation of irrigation water appl.ied in excess of the consumptive use.
WAT.ER WELL CONS'mUCTION PRACTICES THAT
MAY ALLEVIATE lf.I'l'RATE IMPAIRMENT
Whil.e there appears to be no feasible means to economically eliminate or greatly reduce the preoom:1nant sources of nitrates to the ground waters of the lower Arroyo Grande Valley, there are certain vater well construction and seal.ing practices tbat can be adopted to :illlprove the qua.llty of the ground water extracted from this basin.
As part of this investigation, drilling techniques and construction practices f'or a total of 21 wells in the basin were evaluated in terms of their 1n:f'l.uence on ground water impairment. Data on the method of drilling, depth of well, extent of' perforations., existence of gravel packing and seals, -ll-
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and nitrate concentrations in the ground water from the selected wells were '
collected, and are presented in Table l, 1
11 3Ummary of Well Construction
Practices". These data indicate that there is a relationship between the degree of nitrate concentration and the method of developnent of the wells.
More than one-half of the wells presented in Table l had nitrate concentrations in excess of 45 ppn, the recommended upper limit in the United States Public Health Service Dr1nk1ng Water Standards. Each of' these wells exbi.bited one or, more of the following charaeteristic:s: It had been drilled to a -depth l.ess than ·70 feet; it bas been perforated· at levels less than 70 f'eet below ground surface, or it had been gravel packed f'or most of its depth. These factors probably account for the high nitrate concentrations in the ground water extracted from these wells. Wells perforated at the shallower depths and those with gravel packing provide avenues for shall.ow ground water conta1n1ng high concentrations of nitrate to enter the wells. The quality of t~e ground water fran the deeper strata is apparently low in nitrates and Sllltable for danest1c purpo~es.
It therefore appears that water wells drilled to the deeper strata and perforated at depths of more than 70 feet below the ground surface woul.d provide ground water free of excessive nitrate concentrations. If a gravel pack is used the top of the pack ahould be 70 feet or l:lDre be1ow the ·ground suri'ace, and the space above .tbe .. pack should be .adquately sealed to the ground surface.
These water well construction procedures should all.eviate the present problems; however, the deep percolation of return flows and precipitation will continue to carry waters of excessive nitrogen concentration :trom the fertilizers applied on the surface to the ground water bcdy. OVer a period of time, this condition could continue until most of the ground -12-
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TABLE No. l
SUMMARY OF WELL CONSTRUCTION PRACTICF.s
State well :-- - . Perforated~ - . Gravel . --- -- :Range o? . . . number : ~:eth* . intervals* . l!Cked*: Seal :N?3 in ppn • . 32S/13B-19Nl 37~C) 32-37 No Cone. Base 15-133
-28El. 133 R) 93-133 36?-133 . 11-36 14-22
-28E5 22 - .. - 45
-29Dl ll5(C) 79-85, 96-100, No - 0-2
105-ll.3
-29~ l.30(C) 60-70, 113-117 No - 115
-29D3 70 61-70 - - 95
-29El 180{R)? 36-18o Yes Yes 36+ 3-144
-29E2 l80?(R) 36-180 Yes Yes 8-41
-29E3 18o~R} 36-180 Yes Yes 37
-~l 223 R) - Yes - 9-60
-2902 250~R) 130-250 Yes 20 2-4
-2903 250 R) 103-250 0-223 37 2
-29Pl 87 - - - 3
-30Hl 51. 44-50 No - 104-163
-30H2 61 55-61 - - 46-124
-30K6 160 15-21, 29-Bo,
91-103, 108-ll.3 - - 10-78
-30L2 57(C) 54-57 No - 5-67
-30Pl Bo - - - 15-20
-30Rl 63 58-63 No - 62-115
-30R2 l28(R) 81-l.20 0-120 - · 175 .. 3lBl 44(c) 38-44 No - 9D-107 -32Al 1'6~c) 4o-1'6 No - U-J.67
-32D2 li.6 R) - Yes - 24
-32D4 107.5 - - - 35
-32Hl 38 - - - 67-125
-32L2 95 60-66, 75-89 - - 3
-33n 82 - - - 6
* In feet
C - Cable Tool
R - Rotary
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water is not suitable for domestic purposes. The long range solution is to obtain a water supply of adequate qµality :f'rom an alternative source for use ·1n the domestic suppl.y systems of the a.rea., leaving the ground water for irrigation uses.
SUMMARY OF FINDINGS
The high level ot concentration in the ground waters in the vicinity of Grover City appears to be primarily the result of widespread application of commercial fertilizers on the overlying agriculture lands. .. Additional amounts are the result of deep percolation of sewage ef:f'luent :f'rom the Arrcyo Grande sewage treatment plant and the septic tanks and cesspools serving the unsewered portions of the valley. Natural precipi tation and applied irrigation waters, which percolate downward through the soil., transport the soluble salts of the fertilizers and sewage to the underlying water-bearing zones.
High nitrate concentrations were found to exist primarily in wells with depths of less than about 70 f'eet. In the deeper wells, nitrates appeared. to be excessive only if' the wells were perforated in the shal.low depths or were gravel packed.
:RECCM-1ENDATIONS
Rigid standards for the initial construction of water wells and the possible destruction or disuse of wells shou1d be developed to protect the deeper ground water supplies f'rom further impairment :f'rom the application of nitrogenous fertilizers and domestic sewage. Pending the adoption of such water -well standards., the nitrate problem in the Grover City a.rea woul.d -14-
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be materially alleviated if' the following precautions were observed in the drilling of wells:
1. Wells for domestic purposes should be drilled to depths greater than 70 feet in order to penetrate the deeper water-bearing zones.
2. To prevent shallow; poor quality water from entering wells, only the deeper water-bearing zones should be perforated.
3. Gravel packing should not be placed between the ground surface and a depth of 70 feet for all wells~ This will greatly reduce the possibility of' nitrogenous water percolating and mixing with the waters in the deeper water-bearing zones.
4. Pollution seals for rotary drilled wells shou1d be placed at a depth of at l.east 70 feet, and in the case of cable tool. drilled wells the seal shoul.d be p1a.ced at least 5 feet be1ow the base of the pit used to install the hydrau1ic jacks.
5. A sanitary seal shou1d be placed at the ground surface a.round wells to prevent surface and shal.1ow ground waters fran entering the well~ -15-
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INVESTIGATION OF NITRATES IN
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LEGEND
SOIL
SAND
GRAVEL
Cl..AY
PERFORATED IHTERVAI..
~ RECE"T A"D UPPER PLEISTOCENE •LLUVIUM
~ RECENT SANO OUNES
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;J'101f'fEAENTIATEO TERTIARY FORMAT'IO*'(S
ptOTE : LOCATION OF SECTIONS '-RC SHOW'flt C~
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOUR
SOUTHERN OISTRICT
INVESTIGATION OF NITRATES
GROUND WATER, GROVER CITY
SAN LUIS OBISPO COUNTY
GEOLOGIC
-SECTIONS
A-A1 AND B-81
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SECTION c- c'
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LEGEND
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STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
SOUTHERN DISTRICT
0 INVESTIGATION OF NITRATES IN
GROUND WATER, GROVER CITY,
SAN LUIS OBISPO COUNTY
GEOLOGIC -SECTIONS
c-c' AN o o-o'
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LEGEND
WATER WELL
LINE OF EQUAL GROUND WAT
-10- ELEVATION
A---A GEOLOGIC SECTIONS
.TATI[ 01' CALll'OflNIA
01!:PARTMENT 0 .. WATE" ,.ESOU,.Cl!:S
SOUTHK"N 01aT ft IC T
INVESTIGATION OF NITRATES IN
GROUND WATER GROVER CITY
SAN LUIS OBl~PO COUNTY
LINES OF EQUAL ELEVATION
· OF GROUND WATER
SPRING 1960
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LEGEND
• SURFACE WATER SAMPLING STATION
C=:J IRRIGATED AREAS IN 1959
NI. WATER WELL
- SEWAGE TREATMENT PLANT
APPROXIMATE AREA IRRIGATED
WITH SEWAGE EFFLUENT
7 0 . NITRATE CONCENTRATION
11 DIAMETER
~ IS PROPORTIONAL TO
' IOOPPN NO] 7
STAT!!: Of" CALIIFO,.NIA
DEPARTMENT 01" WATER RESOURCES
SOUTM~IIIN 019TfltlCT
INVESTIGATION OF NITRATES IN
GROUND WATER, GROVER CITY,
SAN LUIS OBISPO COUNTY
. ~
NI TR ATE CONCENTRATIONS IN GROUND WATER
SPRING 1961
SCALE .25 I MILE
1962
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PLATE 5A
175 r------..---------.------T--------r------ - --,----1----~-------.------ ·- ----~------ 32S/13E- 30Hl ...
125 t------t-------f-------f------+--------+---+----1------+-----+-I _____ .__ ____ _ 0 ..__ _____ ,___ _____ .,___ _ ____ .,___ _ ____ .,__ _____ _,__ _____ .,___ _____ ..,,__ __ _;_ __ ,.L_ _____ ..1-_____ _,J 1953 1954 1955 1956 1957 1958 1959
Y~AR
1960 1961 1962
9TATlt 0, CA~Lf'o,tMA
OEP.ARThotl!:""1" Of'" W~T£.I'\ ..CSOUlltOCS
INVESTIGATION OF NITRATES. IN
GROUND WATER, GROVER CITY,
SAN LUIS OBISPO COUNTY
~
NITRATE CONCENTRATION VS TIME
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PLATE 58
175 ,-------,,,...._----,------.------r------,------,--. ..,..._ ---..---------.--------:,-----,-------, J
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150 1------+-------+-------+-------+------+------ht--,~1 ---------------,1------+-------1 ,' \ j \
125 t-----+-----+-------+------+------+-------A·~ '---1\1-------if------+---· --4-----~ ~'*'-· : ,, '
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1 / 32S/13E-30H2
100 1--------+-------l------+------+-------i-~:.__.il __ ---l _____ -11_-\~·....J-.. ~--~-----'--------1 I ,' I \ ,, / , 32S/13E-32Hr/ / ·' \ /\ \/ /
75 1-------+------+------+------+---..;/,C-----l----4----+----t----1--#-----+--l-#/ _____ I--____ --I ., I ' / \ \·
- -., - - -- - . 32S/8E-32A/ \1 \) 50 1-------+------+------+---=.....---=--t-------+-~,,_----l,-----___..._-+-___ _!l~l--------+----------I . .__ ---.. " I
25 l-----~. -+------+-------+------t------+------+-------l------4------~------l " QL-____ __._ _____ ..,L_ ____ __._ _____ ....1,_ ____ --1, _____ _._ ____ ___J _____ _L _____ L.,_ ____ __J 1953 1954 1955 1956 1957 1958 1959
YEAR
1960 1961 1962
STATIE 01" CAL.ll"OANIA
DEF"AAT MENT 0, WATER f11Ed0UAC£S
SOUTHIERN DISTRICT
INVESTIGATION OF NITRATES IN
GROUND WATER, GROVER CITY,
SAN LUIS •)BISPO COUNTY
~
NITRATE CONCENTRATION VS TIME
APPENDIX A
MINERAL ANALYSES OF SURFACE WA'lffiS
IN THE VICIHI'J'Y OF GROYm CITY
t Eati- ,Temper-• I I parthler million Parts e!!r milUon t 1 mated I atW'e 1 I ECxl06 I Constituents 1n I ' I 1Total I Tote.I 1PerLocation I Date I flow I ,men I pH I at I equi-anta per m.illion I I I 1 dis- 1 hard- scent 1 sampled 1 in 1aampled1 , 25° C I t I I I I I I I I F : B 1Si021solved1 neaa I Na ots I OF I I I Ca I MB I Na I K I co_a • HC03 ' S04 I Cl I N03 I : 1 1solida:(CaC03)1 Canyon Noa. 1 and 3- 3-61 0.25 64 7,5 1,555 61 58 175 28 0 510 66 255 0 1.2 0,50 42 968 393 47 2 at Highway 101 3-"M 4.78 7.00 o.n lf 8.31 !';'ff 7.2i' lf Arroyo Grande Creek 3-27-61 - 62 7.9 11,000 222 274 2050 55 0 393 744 3464 0 o.4 1.3 18 7,626 1,676 72 at s. P. Crossing ~ ~as.I!~ Ir ~~ ~~
Arroyo Grande Creek 2 .. 13 .. 54 12.7 - 8.l 935 110 50 43 4 - 375 180 39 6 0.5 o.oe - 684 480 16 at Arroyo Grande 00 4.lo ~ o.11" rn 3.76 r.w o.m
Avenue
2- 6-58 35 52 a.5 726 82 36 26 2 8 296 128 21 3 0.1 0.12 25 491 353 14 4-'lo 2,.95 ~ ~ o.3' 4.85 2,66 0.00 o.os' p
,
1 ..... Upper Los Berroa 3- 3 .. 51 o.s 66 8,3 2,160 251 118 98 6 2 547 689 123 9 0.2 0.23 26 1,792 1,113 16 Creek at Valley Road !2.56 9.70" 4.25 o.I6 ~ s.'96 14.89 3-44 o.'14 Arroyo Grande Creek 11-10-50 0.5 - 8,3 1,010 122 59 45 5 12 418 220 36 0 - 0.02 30 735 547 15 o.5 mile S/o 6-"0V 4.85 f:§6 03 ~ rn ... sa r.o1' lf
Highlfa.y 101
Arroyo Grande Creak 2- 4--fJO 8 56 7.9 1,165 135 59 54 3 0 424 263 53 5 0,7 0,06 31 825 580 17 at Hi.pay 101 Os 4,85 2.36 o.[a Ir ~ 5.48 1.50 o.oa
Arroyo Grande Creek 2- 6-58 35 53 a.2 550 86 36 24 2 0 323 129 21 2 0.3 0.09 25 491 365 13 Gaging Station 4.30 s.oo" 1,05 0.04 0 5.30 2':68 0.60 0,04 Tar Springs Creek a- 2-61 2.0 68 8.2 1,060 126 57 40 2 0 439 220 42 0 0.3 0,10 22 678 551 14 0,1 mile E/o Arroyo 6,30 4':7Y L75 D.05 0 f:2o 4.59 r;rr 0 Grande Creek
,, .-........ , • 41 , • - - ~-,~--':"' - .,.,~,- , - • :.-;,: ·•nJ>.•,;,~·· - oe , •• ·-;;,;-:-:.'l:.,r~:("3~~~~'ll"R":'~~~,::--,,i,'"',~:•·:'-',_,,....~,...._'Y"'"",..-~.~-,=.~~----.#'·· w~- ,, .. -, ·,--•,- ... -,...-.;---i,,,- ' •. - < -·.;
~=-, -
- -"----··- --... - - - - - , --.-
APPENDIX B
HltERAL ANALYSES 01 GROUND WATERS
IN THE VICINITY OF GROV!':R CITY
:Temper-1 I I parts fir mllllon Parta 2!!r million 1
: , ature : I ECz106 I : I I :fatal: Total :PerState well I Date 1 when : pH : at I Conetituenta in eqUiva-enii pe.r iiilffion I : ; : dis- t hard- :oeut number : 1a111pled :sampled: I 25° C I : r : : I t I t I p I B , s10:2 ,1olved1 neas I Na.
I Op : : : Ca : ~ : Na. :
K : C03 : ijJ03 1 ~04 : Cl . N03_: __ : __ : ,~olids: (ce.003):
'.}2S/1JE-l9Nl 9-29-54 1'J 6.') 4~ & b & l 0 22 41 &a ~ 0.1 0.03 - 292 ')2 52
0.03 0 ~ 0.85
8-29-57 - 6.5 5~ 22
~~1 64 2 0 22 2L ~ 86 o.o 0.20 2, 336 117 ~
1.12 I:79 0.05 0 'o:3' 1.21 r.lio
2- 6-58 - 6.3 511 18 & ~ 1 0 22 33 ~ ~ 0.2 0 30 353 100 53 o.;o o.U3 0 ~ ~
2-16-59 - 6.4 475 &a 16 h 1 0 18 P.n ~ ~!44 o.o 0.0.3 33 353 133 46 ~ o.Ui' li o.JJ 9-22 .. 59 78 7.2 620 26 & ~ l 0 24 i~21 ZL 114 0 o.,o 27 %1 1.33 51 -a; o,oj 0 °'" 2.10 t:1'i~
')-20-60 - 6.4 716 ~~5')
16 ~ 2 0 ~?li2 ~ 2L 75 0 0.10 11 456 155 52
1.50 0.05 0 2.21 r.Il
3- 2-61 - 6.3 725 ~ & 2!_ 2 0 26 80 ~ ill.. 0 0.10 26 490 164 49 lo')O 3.15 'o.1iTf 0 o.lj.3 rn 2.j5 2.15
-22Cl .3- ,-01 - 6.8 390 20 14 48 2 0 108 41 .2L 0 o.8 o.26 50 288 108 49
1.01 Ll5 'wo 0.65 0 r.,g 'o:'$ 1.55 0
-22Pl 3- ,-61 - 7.5 2,200 w., ~ 98 4 0 621 822 121 0 0.2 0.21 21 1,9.36 1,268 14 6 o.~ ~ o.fi 0 Io.Ia Yr.12 Y-1io 0
-28El 9-29-54 13 7.4 1,020
~ ~ 46 2 0 422 ¥.ts ~ 14 0.1 o.o .. 692 499 17
5. 1:'5I ~ 0 6.91 1 • .3 0.22
.3- ,-61 - 7.5 1,070 112
~ & 2 0 411
~ 60 22 0.1 0.10 24 660 497 lj
5.5j 0.05 0 b.13 ~ 0.35
~,_-,. ·::••· • ,1.- ·:c.__e. •-' , .r.,., ,. • • r. "C,··~·. ~ ' APIUDIX B
t,aNERAI, ANAL'YSES OP OROOND WATERS
IN THE VICINITY OF GROVER CITY
(oontimled)
cTemper-1 : r
COMtituerrta in f8M8 f&J' million
Parts E!r million
r a:ture : I ECxlo6 : r . : :Total. i Tatar :Per- equS.valents per million . State well s Date & when : pH : at : . . : : : dis- : bai'd- :oent number 1 sampled reampled: I 25° C r : : I . . . 1 ~NO 1 F : B : s102 :solved: ness : Na.
OF : : : C& : ~ I Na I IC ; C03; HC03; so4 ; Cl I 3 I : : :eol1de:(caeo3):
.'32S/l.3E-28E5 J-~l - 6.8 6.30 40 28 trs 1 0 l:~1 ~ !Jo ~ 0.1 0 18 422 215 .34 2.01 2.28 0.0, 0 • 5 1.12
-2,01 9-2~~ - 7,8 934 ~ ~ lj4 bs 0 412 144
~ 2 0.1 0.05 - 583 442 18 3.99 ~ 0 r.75 2,99 o.o4
J- 5-57 66 7.4 ?87 67 42 44 4 0
~ 112 & 0 0 o.o6 16 481 .341 22
J:,i 'Pi7 1.91 0.09 0 2.3.3 a
I1
3- 3-61 7.3 980 108 44
~ ~ lli.. ~ I - 642 449 to, 0 0 0 0.1.3 29 17 0 5.39 .3.85 0 3.10 0 -29D2 5- 9-61 70 7.4 620 ~!45 ~ 48 2 0 &i &a ~ ~ 0.1 0.25 29 466 201 34
2.10 o.154 0 5
•29D3 3- .3-61 - 7.2 480 '!L. 11 146 2 0 ~ ~ 46 .22.,_ 0 o.o6 29 320 112 47 1,35 0.89 2.00 0.05 0 ~ 1.53
-2';)El 3- 6-55 - 7.4 - ~ 42 44 - - & 116
~ 12 0,2'1 - - 705 ~ 19 ~ 1.91 r.tii' o.19 --
2- 6-57 - 7 • .3 - 80 ~ 42 - - ~ 112 42 35 0.20 - - 595 338 21 tr.oI r.,; 2 • .33 m o.57'
11-11-60 - 7,9 ?63 67 .31 ~ ¼.o, - 141 160 ~ ~ 0,2 o.08 35 585 29~ 28 'f."j1 T.91 T.1Ri T-15
3- ~l - 7.2 665 n ~ ¥.;a ¼.a,; 0 122 & 62 144 0.2 O.J.,3 27 610 314 27 tr r.oo ~ cy
-29E2 2- 6-57 - 7.8 - 76 35 41 - - 271 105 44 34 0.10 - - 580 ,,3:,4 21 'r.1§ T.W ,1-.78 ~ :-T.'iS ,, .I:111 o.s!
~---=.........,.,.i _ ____,--:.;_
.-~ - - · - ... ---- --L..........::..-_____________________________________ . a.4~
APPENDIX B
MINmAL ANALYSES OF GROUND VATEIIS
IN THE VICINITY OF GROVER CITY
(oont1nued) ... - •=a,
:Ttrnpe:r-: • 1 Parta·-per million : ature : : ECltl.o6 , Constituents 1n parts per million : s : :Total : Tota:r:PerState well Date : when : pH : at : equivalents per lllllion : : ; : dis- : hard- :oent number : 11ampled :sampl'ld: : 250 C : • : : : : 1 1 1 : F : B : S1<>2 :solved: ness : Na OF : : : Ca l Mg I Na : K : co,: HC03 I s04: Cl I N03 I : : :eol1ds:(CaCOl):
J!S/13£-29E2 11-11-60 - 6.8 786 §1__ .n__ IJ8 2 -- !Q2__ 122 53. _ 53 0.1 O.<H )5 658 )05 26 » r.,11 T.'07 ~ ~ 2.55 r.tij I:4V
,,.-
-29E3 11-11-60 - 7.0 8o6 71* 1S._ 48 1._ - ~ 136 §J_ 'fl 0,1 O.~ _34 598 328 25 Y-71 ~-2.08 ~ Y-J7 l:"m 1;78 rn -2901 11-13-50 - 7.5 872 90 43 37 J__ ~ 361 ,UL ~ 10 - 0.01 _34 558 4o2 17 1i':1ij M'f I:bi o;(f/ 0 ~ 2~ o.~o 'o;iX
tlJ
.:, r 6-,J 65 7.4 ~ ~ 45. _ 38 1.._ ~ .36.3. 1116 ,lL_ ..L_ 0.2 0.01 25 591 442 16
5.09 J:Ji.l1 T:b5 o.07 o OB ~ 0.99 ~
2-18-59 64 7•'J 842 80 22__ '6_ 2 o 211 ~ ..5.1._ 60 0.2 o.06 30 601 360 18 1J:l)o Y-20 T:'58 ~ 1S J:115 J;n r.sa o.'r/
9-22-59 68 a.o 824 - - - - ~ n5_ - L - - - - - 364
0 3-85 ~
8- )-60 - 7.2 939 .22__ li6 ,a 2 o _m_ !2l._ 41 4o o.2ij 0.11 24 651 435 16 1J;j2-;:,s"m;~ 0 ~,-;IBr:i7~
1~ 6...(;o 66 7.a 903 - - - - o m._ - ~ - - - - - 4.39
0 "&:08 1.2'
-29G2 2- 4-57 - 7•7 - 100 46 44 - - )81 142 46 8 Oo20 - - 765 4)8 18 ii.99 J:78 1, 91 b.21i T.°;b r.;ci a.ii
2-18-59 64 8.1 981l 110 -51_ 33 2 O 415 ~ ~ 4 0,2 o.o, 31 661 49.3 13 ~~t:llli~ 'ti b.lm~o.,Oo.cjg'
-290.3 2- 4-57 - 7.5 - ~-- 116 40 - - .376 ~ ~ 8 0.20 ., - -- 745 428 17 ~ ,.,s r.,i rn ~ r.<11 0.13 1 . !)!}'., '., -·~: .,,~(~:~r,;;~,..;iW 1\lllJtti'IW(,:t.'ll!li(-.Jb."ti!'.f~~ Wll~ uiit1i:/ilf,<l!l!:li!.!i~·~~-~,;'3lliii;ffil'a(;;JH,l.~,m.wfll~Wi!-i,N,,,s:.,~il",.,...,t'W.;1, ,-.,.., '"'''""'' •• , ... ,,.,,,., .. ,,,,,.,-.. ,~,,,-..,, .. ;,,,..., ....... _.. ·-~.-- '"' ' ,, ._ ,_. ·1 J'~f. f1 ,,
•._pPEJL - ~: . MINERAL JlliALYSES OF GROUND \-TATERS
IN THE VICWI'l'Y OF GROYm CI'l'Y
(continued)
:'l'emper-:
; ECx1o6 ; Constituents in parts per m1llion
Pe.rte per million
: a.ture : : : 1Total; Tota.l :PerState ,,:ell Da.te , when : pH . a.t I equivalents per million . : : : : dis-, he.rd- :oent number sampled :sampled: : 250 C : : : I . . :
s04: : I F I B 1 S102 :solved: ness : Na.
I OF f : Ca. Mg : Na : K ; C0.3 : HC03 1 Cl ; 003 : I : :sol1ds:(caco3):
J2S/l,'.3E-J0H2 9-22-59 - 7.3 652 ~ ~~64
40 2 0 ~ ~~14
64 ~ 0.18 o."6 26 two 219 28
(continued) I:'15 0.05 0 1.80 •
2-2~0 62 7., 700 - - - - 0
~ - & 110 - - -- - 238
0 rm
9-20-00 - 7.6 69.3
~~2?
20 40 2 0 ~ L i?41 86 0.2 0.12 .32 452 1~ 30
1.69 1.75 0.05 0 2.50 1.12 Ctr td
J
.3- 2-ol 1., 100 26 42 2
~ ~ ~~3 \1\ - 26 1162 2)4 28 .5.L -- ~ 0.1 0.10
2.53 T.i1i l.'85 0.05 •
-.30K6 11 ... 13-50 - 8.l 872 & 24 48 2 0 &s ~ 42 24 - 0.02 36 545 3.30 24
1.37 2.09 ~ 0 • 1.18 0.39
.3- 5--51 -- 7.5 - ZL tro 41 - 0 210 lll
~ 45 o.:i!O - - 535. 4.38 .~2
.3.59 r.n 0 J:liii '.h'.31 o.72
8- .3-60 - 7.6 998 & 41 ~ l 0 ~ 142 100 ~ 0.2 0,1, 25 663 .388 2.3 .3 • .39 0.0.3 0 .3.22 ~ 2-!i
-301.2 9-29-54 96 7.5 761
4~61
41 40 2 0
~ 124
~ 20 0.1 0.20 - 580 ,~ 18
~ r.,i ~ 0 r.;a 0
8-29-57 - 7.a 901
~ 40 41 2 0 .317 fil_ 51 't.w 0.10 0 • .30 20 631 3,1 20 y.;; 1.81 a.or; 0 5.20 2.39 1.41+
2- 6-58 62 7.2 855
~ 47 i~70 2 0 311
~ ~ 22 0, 0.10 31 590 .370 19
.3.90 ~ 0 5.10 0 • .35
9-29-58 - 7.4 a:n - - - - 0
~ ~ - 46
1.jo - - - - -- 3'11
..
'
.lPPZNDIX B
MINERAL ANALYSES OP GROUND WATERS
IN TH& VICINITY OP GROVER CITY
(continued)
- ---- -- rTemper-1 I I p!lrts per million Part-aper m1llion I : ature : s ECxl~ : : I r :Total I Tota!" :PvState vell : Dat0 I •1hln Jfi l at I Conatituent, in ~uJ.va.1.ents per million I . I : dis-: hard• :oent : . rwmber : au:pleci : i;~.z,1pled: : 250 C : : Mg . : 1 co 1 11:0 1 S<>4 : : )K)I , l B : s1~ :solved1 nesa : Na Ca . Na. K Cl °F I : I I : I I 3 : 3 : : ' : : : 1aoUds:(CaC0l):
J2S/13E-30L2 2-18-59 - 7.4 741
~~60
}j__ ~ 2 0 & ~ ~ ¥.as 0.1 0.03 38 529 325 23
(continued} 2.90 0.05 0 3.55 .15
9-22-59 65 7.0 865 ~ ~ 4o l 0
~ ~ & 28 o.u 0.18 28 645 389 18
1.73 0,02 0 ,39 o.45
2-2~0 65 7.3 950 & 1J4 48 2 0 & ~ 6'>
~ o., 0.12 ,o 590 406 20
;:n 2.09 ~ 0 0 T.1io
r1
.1 9-2o-60 7.3 ;.5 ~ ~ 42 2 0
~ ~ & :,--- - 22 0 0.15 13 686 41, 13 ~ 'o;o5 0 0.36 '
,- 2-61 - 7.1 1,5,0
~ f.J2 60 bu 0 281 l.60
~ 1.6 0 0.10 25 l,~ 644 17
T.l;o 0 no 3.35 1 o:1b
-.30Pl 11-12-50 - 7.8 7~ ~ 26 &r 1 0
~ ¥.fi 32 15 - 0.02 '37 512 )146 19
T.ili 0:0, 0 • 9 0.90 0.24
,_ >'l - 7.5 910 94 .. , 38 2 0
~ 110 ~ 20 0.1 o.oi,. 27 574 410 17 ~ J;sI ~ ~ 1> 2.31 ~ -311U 2- 6-58 61 7.1 7/2 4-8 32 52 2 0
~ 67 'lB P.r, 0 0 30 530 250 :n
l:tm r.g-u r.w; ~ lJ r.» 2.20
10- 6-58 65 7.4 ,i.a 65 30 f.-;; ' 0
~ 99 ~ ~ o., o.o 35 470 285 29
J;l1J T.IJ1 ~ li • r.o,
2-18-59 - 7., 680 65 29 lf4 ., 0 1l!6 96 57 62 0.2 0.15 " ~, 280 25 ~ ~ L90 o.(IJ 0 3,05 2.00 l.bO I:oo
,-.22-5j 66 7.4 847 63 30 61 3 0 124 106 ~ ¥.k 0 o.42 2~ 585 260 j2 ,.14 T.Ji'.7 m o.o8 0 2.03 2.08 •
'\
APFUDIX B
HINERAL ANi\LY5ES OP GROUND \i.A.TERS
IN Tl£ VICINITY OF GRO'Vm CITY
(oarrtinutd)
,temper-: I I
Ocnat1t111nt• 1n pe.rta Er m1llion
Par1a I?!!: m!llon , 1 ature 1 I ECxlcti I I I I ,total : f otlll : PerState well I Dat• I when I pi I at I equin.hnta ptr m1ii1on I I I 1 dl•- 1 hard- zoent numbor , 1ampled 1aampled1 : 250 C ; : t I I I I I I , : B 1 Sl~ 11olvtd1 n .. a a II& Of I I ,ca:~1* : I: : C03 : HC0.3 : S()q I Cl I N03 : I I 1aol1da: (CaC03):
.32S/1JE-JOR1 2-~o 65 7.3 8')2
~ tr, lj6 2 0 !?fo 122 82 ~ o., o.o, ,2 560 JIJ'J 22
(oontinued) 2.00 a.al 0 ~ 2.)1
9-20-60 - 7.7 1,005
~ 41 & 2 0
~ ~ P.u 1L. 0.1 o.o, 21 '/')2 1+21 16
3.IJ5 0.05 0 3 1.23
3- 2--61 - 7.4 900 82 41 & 2 0 ~~~5 ~ ~ ~ 0,2 0.38 28 606 m 18 ~ J:1iJJ o.'ci 0 .,o co
I -30R2 3- 2--61 7.1 760 57 25 63 2 0 59 l<ii 67 175 0 o.olt 2, -...;J - 554 245 36 2,8.3 T.o'i 2.15 0.05 0 ~ 2.21 1.89 T.'8i
-31B1 6- ,-5, - 7.2 l,U4 107 'J7 73 4 0 258 163 ')l ')O a.o 0.10 -- 795 422 27 537 Pilf 3.16 o.iij 0 ~ 3.85 2.57 1.ii5
3- ,-01 - 7.1 1,180 !22... & &.. bu a 250 210 99 107 0 0.15 'l'/ 672 4j3 23
5.35 2.,0 0 ~ tr;j; T.'i"§ r:,;
-32Al 6-11"'54 - 7.lj. 866 71 ~ 39 l 0 243 117 21._ 63 0.2 o.o - 1m 352 19 ~ ~ ~ 0 MIi T.Iio 1.50 1.02 6-2,-57 - 7.7 550 4o 22
~ l 0
~ &; &t ~~6')
0.14 0.65 23 372 168 26
r.;g r:m o.6! 0
2- 6-58 - 7.5 351 10 21 22 l 0 22- 21
~ ~ 0.66 0, 28 240 113 _,o o.55 r.,s ~ o.ol 'li 1.15 o.43 9-29-56 - 7.lj. 9f8 - - - - 0 100 - ~ - ~- - - - 1'11
0 ~
2-16-59 63 7.2 64') 1:,o 2~ ~2 2 0
~ & ~ ¥.,a 0.1 o.~ 2') 513 235 28 ~ r.Bf o.os 0 •
.ll'PEJmIX B
HINERAL AJIALlSES or OROUtlD WATERS
IN THE VICINITY or GR0Vi1\ CITY'
(oant1Dlled)
1Toaper-1 I I f!!t.8 f!l' 1111Uon Pana l!:!r m.111on :
I &1;\&re I I 'fJ:rJ.fP I Oona'\ltllenta I I rfatiil : Tot&l. :Per- IA eqld.valenta per m.lllon I State wall I Date I vbetl I }ti l at I I I : clia- : hard- :oent l'IUllber , aampled iaampled: I 25o C t : : I I t : I I NO : f : B a s102 :aolveds nu• , Ha I °F : : C& t ~ : Na. t It : C03 : ~0.3 1 S04 1 Cl I 3 ' : : 1aol1da:{eaco:i}:
32S/l.3E-32Al ,-22-5, 68 7.6 654 ~ 22 44 2 0 102 l21f &, no o.06 0.29 26 451 n6 30 (oontinued) ~ r.Ji5 0.05 0 Tl'&' T.58
2-~o 67 7.2 ~, 58 2'/ lf8 l 0 71 ~ 51 88 o., o.o ~ lf8o 25, 2,
2.89 T.ll 2.0, o.o, 0 ~ ,. I:1ili T:li!
,-2~0 - 7.0 8'l2
~ ~ 44 / 2 0 ¥.b ~ P.ss· 50 ' 0 0.05 12 724 211 23
l.~ o;6°5 1i o:ur ---- -,...,
tJ )- 2~1 - 6.8 750 6lf
~ 42 2 0
~ l?O 56 ~ 0 0.15 2, 558 2~ 2il
I ;:m DJs o.oTi 'ti ~ ~ r.tRJ
:0
-.32D2 ,-1,-54 'l'J 7.6 813 ~ 38 28 2 0 ~ 111 2L ~ 0.2 o.o - 4~ Y/6 15
3.16 1.)2 0.05 0 5.1 2.32 1.11 0 • .38
-.32D4 12-,i-5, - 7.7 823 86
~ .30 2 0 281 112 44
~ o.4 o.o, " 526 '!IO 15
4.,o l:Ji o.(i; 0 ~ 2.,, 1.25
-.32Hl ,-5-51 6lf 8.2 1,.410 160
~ & 2 0 418 i~~ ~ .2L o., o.o, 21 '1/2 712 14
MR 0.05 0 r.85 1.,s 1.20
6-2,-57 - 7.7 1,~,
~ &, f.q; 2 0
~ ~ ~ 82 0.22 0.50 22 1,.0,2 680 15
o;m 1} ~
,-29-58 - 7.6 1,.317 r.L &a ~ 2 0
~ 260 ~ 126 0.5 0.14 30 '75 6;. 15
0.05 0 5-U; 2.03
2-16-5!1 - 7.4 l,'15 ~ ~ 48 2 0 ~ ~ 66 110 0.3 o.04 .31 1,04.3 ?15 1.3 m o.?R 'ii 1.85 r.'fi
,-22-59 65 7.0 1,567 ~ 82 &s 2 0 422 t.1o 61 fil.. o.1f2 o.;. 26 1,146 766 14 r.'i'i o.or 0 6.,i r:,! 2.01
··:.;·,:..:,.-~-;-,._:~~~ .. ;.~::.-•-~ :.,,._~f.\,,, :'.~..l.~. :~l r .;_,\,t-::~¾ ~ .. *.:,~lf .. ': ~-,. <.' 'o' ":,, 1 •, I .. .. r,~ - ........ _ __,, _____________ _
APPINDIX B
MINDU.L ANALYSES or GllOOHD WATmS
IN T1S VICINITY or C20YF.R CITY
(oontlm&ed)
:Temper-: : : Pai-ta per aiiIUon
: ature: l ilCxlo6 l Con1t1 tuents 1n parts e!r million : I I :Total : total ,P_ State well : Dde , wan : Iii t &t l equlvalenta per m1li1vn : I : dis-- 1 hard- :oent number : aampled :sampled: 1 25°- C I Ca. I ffg J Na I I: l CO I Jl:0 I s~ ~ Cl l I F : B : Sl~ :solved: nesa , Na op l I 1 : l l : ) : _3 I N03 : ; r ssol1da: !cac23~:
32S/1JE-J2Hl 10- 6-60 72 7.4 1,.355 ~ ~ &, 1 0
~ ~ &; ~ 0.5 0.05 22 1,022 591J 17
(oontinued) ~ 0
-32L2 11-11-50 - 7.5 1~010 116
~ ~ 2 - ~ ~ 1L L - 0.01 '' 653 516 1.3
5.7, 0.05 .3 l o.,, 0.05
-J.3Fl 10-21-5.3 62 8.4 1,106 136 68 116 l - 1164 231 1L 6 0.3 0.12 - 821 622 14 r.!5 5.6, 2.00 0.02 7-bO TC'S2 1.00 0.0j
lJ
l
0 "---~......,-. -
t,.~-~·- iliit\\·~-;1!~ - .. ~~,..-4-f,' ~ .. -...... -~ e. · .. Pfe-·:.~t·· ~~~) .. ~*1~~~3~~~1¥.~ =!II~ l!t'i!J&~ '$"',affl.¥.-.,;~™ ~ ..,," ·l ... ~ r·
~ .....
1femper-1 I t
: ature 1 I ECzl"' I
Da.te I when : ~ . . &t I
aaaplecl 1aampled: t 25° C I Ca t
Op ' : ' t
l~l~5!1a 71 1., 1,201
~ ,-12-6ob 76 7.1+ 1,680 4i.
m
~ per llillion
I ~ eldahl N: POa+ l
&.
b.
31 0.2 .. 11
41 15
--~·
'""' ''-- ,..
APFlll>IX C
MDmW, ANALlSiS or EP1LUEN!
ARROYO OIWIDE SEWAGE TREATIENI' PLANI'
Paris 2!!: llibion l
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Agenda Item No. 4
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Approval of Professional Services Agreement for City Attorney Services
RECOMMENDATION
Approve the Professional Services Agreement with Lozano Smith, Attorneys at Law, for City Attorney and Assistant City Attorney services.
BACKGROUND:
City Attorney David Hale was appointed by the Council on October 3, 2016 and has served in that role since. Assistant City Attorney Molly Thurmond was appointed by the Council on July 23, 2018.
In September of 2023, City Attorney Hale announced that he would retire as of January 31, 2024.
On October 1, 2023, the City issued a Request for Proposals for City Attorney Services from full service firms. The City received three proposals from qualified firms and the Council conducted interviews of the proposing firms at a December 11, 2023 Special Meeting. During closed session, the Council directed staff to engage in negotiations with Lozano Smith, Attorneys at Law (Lozano Smith). Staff successfully negotiated an Agreement with Lozano Smith, seen in Attachment 1.
The agreement is set for a three-year term with two possible one-year extensions.
Lozano Smith is a limited legal practice based in California with an office in San Luis Obispo. The firm represents over 600 public agencies in California and has extensive experience advising small and mid-sized cities. The firm has proposed Robert Lomeli, who works out of the San Luis Obispo office, to serve as City Attorney and Jennifer Thompson and Mary Lerner as Assistant City Attorneys. The firm’s and attorney’s qualifications may be seen in Attachment 2, Lozano Smith proposal.
FISCAL IMPACT
The cost of City Attorney services is included in the City’s operating budget. The cost of services will be based on the hourly rate structure, included in Attachment 1, Exhibit B.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve the Professional Services Agreement with Lozano Smith, Attorneys at law, for City Attorney and Assistant City Attorney services; or
2. Provide alternative direction to staff.
Staff Report: Approval of Professional Services Agreement for City Attorney Services Page 2 January 8, 2024
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
ATTACHMENTS
1. Professional Services Agreement
2. Lozano Smith Proposal
{MDK/00015570.}
CITY OF GROVER BEACH AGREEMENT
FOR CITY ATTORNEY SERVICES
This Agreement is effective February 1, 2024, by and between the City of Grover Beach (hereinafter called “City”), and Lozano Smith, LLP (hereinafter called “Attorney”).
RECITALS
1. City desires to engage Attorney as City Attorney of the City of Grover Beach, pursuant to the authority set forth in applicable state law and the City of Grover Beach Municipal Code; and
2. The City and Attorney desire to set forth in this Agreement the terms, conditions, and benefits of such engagement; and
3. Attorney desires to accept engagement as City Attorney as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:
SECTION 1. DUTIES AND FIRM STATUS
City hereby retains Attorney as City Attorney to perform such functions and duties and to provide legal advice and perform legal services for the City consistent with the role of a City Attorney and as specified in the California Government Code and in the Grover Beach Municipal Code and as the City Council shall from time to time assign. Attorney shall serve as the City Attorney and as General Counsel to the City’s Successor Agency and Financing Authority. Other members of the Attorney’s firm or associated firms may be called upon to provide legal services in a role of Special Counsel to the City under the supervision and direction of Attorney, as necessary, all under the terms of this Agreement.
SECTION 2. TERM
The term of this Agreement shall be for three (3) years, with two possible one-year extensions as approved by Council.
SECTION 3. COMPENSATION
A. Billing Rates
All legal services included in Exhibit A (Scope of Work), including those generally understood within the field of municipal law to fall within the work of “general counsel” work, shall be billed at the rates included in Exhibit B (Professional Rate Schedule).
B. Billable time includes reviewing materials, drafting letters and pleadings, research, telephone calls, consultations, depositions and appearances in court (including waiting for the case to be called), and any other time required to represent the City in each matter. 1 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Attachment 1 Agreement: Grover Beach City Attorney Services
C. Statements
Statements are rendered monthly and are due and payable within 30 days of the statement date. Attorney shall have the right to discontinue rendering services to the City for nonpayment of fees, which will be considered a breach of this Agreement by the City.
SECTION 4. CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney-client relationship requires mutual trust between the client and the attorney.
It is understood that communications exclusively between counsel and the client are confidential and protected by the attorney-client privilege.
To also assure mutuality of trust, Attorney maintains a conflict of interest index. The California Rules of Professional Conduct defines whether a past or present relationship with any party prevents Attorney from representing City. Similarly, City will be included in Attorney's list of clients to ensure it complies with the Rules of Professional Conduct.
Attorney warrants that no conflict exists with the firm's current representation of other public entities and private clients. Based on that check, Attorney has determined that it can provide legal services as City Attorney for the City of Grover Beach.
Attorney agrees to scrupulously avoid performing services for any party or entering into any contractual or other relationship with any party which might create a conflict with the rendering of services under this Agreement. Attorney shall immediately inform City of any conflict of interest or potential conflict of interest which may arise during the term of this Agreement by virtue of any past, present, or prospective act or omission of Attorney.
SECTION 5. TERMINATION
A. In the event City terminates this Agreement and discharges Attorney from its engagement hereunder, for no reason or for any reason, except as set forth in Section 6 of this Agreement, City shall pay to Attorney an amount equal to three (3) months of average billable amount prior to the time of termination.
B. City may discharge Attorney at any time subject to a ten (10)-day written notice and the provisions of Section 5.A. above. If at the time of withdrawal or discharge, Attorney is representing City in any proceeding, the City will sign a Substitution of Attorney form immediately upon receipt of such a form from Attorney.
C. In the event Attorney terminates this Agreement, the severance payment set forth in Section 5.A. above shall not be paid to Attorney unless Attorney’s resignation is based upon the City’s breach of this Agreement.
2 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services
D. Notwithstanding the above, Attorney may withdraw from representation at any time as permitted under the Rules of Professional Conduct of the State Bar of California with thirty (30)-day written notice to City.
E. Notwithstanding the withdrawal or discharge of Attorney, City will remain obligated to pay at the agreed rate for all services already provided and to reimburse Attorney for all costs advanced before the withdrawal or discharge related to work performed in litigation matters under Sections 2.B. above.
SECTION 6. TERMINATION FOR CAUSE
In the event the City terminates this Agreement and discharges Attorney because Attorney has breached this Agreement in a manner material to the performance of Attorney’s duties under this Agreement which shall include, but not be limited to, dishonesty, malfeasance, misfeasance, nonfeasance, misrepresentation, negligence, conviction of any felony or conviction of any misdemeanor involving moral turpitude or incapacity due to injury or illness (physical or mental), then the City shall not be obligated to pay Attorney the average billable amount for three (3) months prior to the termination as set out in section 5.A. of this Agreement SECTION 7. OTHER TERMS AND CONDITIONS OF AGREEMENT
A. The City Council, with mutual consent of Attorney, may amend or add any such other terms and conditions of engagement as it may determine from time to time, relating to the performance of Attorney.
B. City agrees that Attorney shall have a lien on any and all sums recovered or received by Attorney on City’s behalf, for payment of any fees owing and/or any unreimbursed costs advanced for City.
C. City and Attorney agree that in the event of a dispute between the parties concerning this Agreement, the prevailing party in arbitration or other legal proceeding will be entitled to recovery of reasonable attorney’s fees and costs from the other party.
D. Attorney agrees to coordinate the services to be provided with City to the extent required by the City Council. Attorney agrees to take direction on assignments and to coordinate priorities related to work assignments with the City Manager.
SECTION 8. PERFORMANCE EVALUATION
A. The City Council shall review and evaluate the performance of Attorney at least once annually commencing one (1) year from the effective date of this Agreement. Said review and evaluation shall be in accordance with specific criteria developed jointly by City and Attorney. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with City Attorney. Further, City shall provide Attorney with a 3 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services
summary written statement of the findings of the City Council and provide an adequate opportunity for Attorney to discuss its evaluation with the City Council.
B. Annually, commencing on the effective date of this Agreement, the City Council and City Attorney shall define such goals and performance objectives that they jointly determine necessary for the proper operation of the City and attainment of the City Council’s policy and objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives shall be reduced to writing.
C. In effecting the provisions of this Section, the City Council and Attorney mutually agree to abide by the provisions of applicable laws.
SECTION 9. NOTICES
Notices pursuant to this Agreement shall be given by deposit in the United States Postal Service, postage prepaid, as follows:
CITY: Mr. Matthew Bronson
City Manager
City of Grover Beach
154 S. 8th Street
Grover Beach, CA 93433
[email protected]
ATTORNEY: Robert A. Lomeli
Lozano Smith, LLP
733 Marsh Street, Suite 200
San Luis Obispo, CA 93401
[email protected]
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.
SECTION 10. DOMICILE OF ATTORNEY
City understands and acknowledges that Attorney may purchase, rent, lease, or otherwise obtain a domicile or residence outside the city limits of City. City shall not require Attorney during the term of this Agreement to move his domicile into the city limits of the City. Nor shall the Attorney’s failure to move his domicile into the city limits of the City be grounds for the City to terminate this Agreement for cause or otherwise.
4 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services
SECTION 11. INSURANCE
Attorney agrees to carry professional liability and errors and omissions insurance with a limit that provides coverage as required by the laws of the State of California.
SECTION 12. GENERAL PROVISIONS
A. The text herein shall constitute the entire agreement between the parties. There are no oral agreements or understandings or any other written agreements which directly or indirectly affect the terms and conditions of this Agreement.
B. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
C. No addition, modification, amendment, or deletion to this Agreement shall be valid unless it is in writing and executed by the parties to this Agreement.
D. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Attorney.
E. City and Attorney agree that the construction and interpretation of this Agreement and the rights and duties of City and Attorney hereunder shall be governed by the laws of the State of California.
F. Attorney shall act as an independent contractor in providing the services described in this Agreement. Attorney shall be solely responsible for the supervision, payment and protection of its agents, employees, experts or consultants, if any, and furnish the services in Attorney’s own manner and method. In no respect shall Attorney, its agents, employees, experts or consultants, if any, be considered employees of City.
G. Attorney agrees to comply with all federal, state and local laws, rules, and regulations, now or hereafter in force, pertaining to the services performed pursuant to this Agreement.
H. Venue for any proceeding under this Agreement shall be in the County of San Luis Obispo, California.
I. Attorney agrees to comply with all applicable fair employment and equal opportunity practices and not to discriminate against any applicants or employees of Attorney because of their membership in a protected class.
5 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services
[Signature block to follow]
6 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Agreement: Grover Beach City Attorney Services
IN WITNESS WHEREOF, the City of Grover Beach has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Attorney has signed and executed this Agreement the day and year first above written.
CITY OF GROVER BEACH
By:
Karen Bright, Mayor
LOZANO SMITH, LLP
By:_______________________________________
Karen M. Rezendes, Managing Partner
ATTEST:
_________________________________
Wendi Sims, City Clerk
7 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248
EXHIBIT A
SCOPE OF WORK
GENERAL LEGAL SERVICES:
• On-site office hours
• Advise the City Council, Commissions and City officials on legal matters pertaining to municipal government, including the Brown Act and parliamentary procedures for running meetings.
• Review meeting agendas and attend all City Council and Planning Commission meetings, and other meetings as requested.
• On a monthly basis, provide a written status report of assigned projects, requests and litigation in order to keep the City Council informed of important legal issues and to facilitate the City Council’s periodic evaluation of the City Attorney. • Provide legal advice as requested by the City Manager. • Provide and/or review all ordinances, resolutions, municipal contracts, joint powers agreements, and other agreements and contracts entered into by the City. • Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and propose appropriate action(s) to assure compliance. • Enforce City codes, zoning regulations, and building standards through administrative and judicial actions.
• Routine legal work pertaining to land use issues pertaining to property acquisitions, property disposals, public improvements and easements.
• Attend staff meetings at the request of the City Manager and provide designated office hours or times of availability at City Hall as requested by the City. • Promptly respond to calls, e-mails, and correspondence from City Council, City Manager and staff.
• Review current documents, policies, and forms to ensure compliance to current laws. • General inquiries and discussion without a need for substantive research or formal opinion letters.
• Provide up-to-date information on water law, utilities, rates and distribution issues.
SPECIAL LEGAL SERVICES:
• Guidance on personnel, labor relations and employment matters and related hearings, including PERB hearings, arbitrations, fact-finding hearings, disciplinary hearings and grievances hearings.
• All litigation matters.
• Successor agency matters.
• Bond counsel and specialized finance or tax services. • Commence and prosecute criminal actions necessary to enforce municipal ordinances. • Coordinate and monitor the work of special legal counsel as needed and directed by the City Council or City Manager.
• Complex land use, land acquisition, CEQA and environmental matters. • Water law matters, including rates, distribution, environmental and procedural issues. • Other matters requiring special expertise and mutually agreed upon with the City. 8 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248
PROFESSIONAL RATE SCHEDULE
FOR CITY OF GROVER BEACH
HOURLY PROFESSIONAL RATES FOR BASIC LEGAL SERVICES
Attorney $ 275 per hour
Law Clerk/Paralegal $ 200 per hour
HOURLY PROFESSIONAL RATES FOR SPECIAL LEGAL SERVICES
Specialized Legal Services
Attorney $300 - $395 per hour*
Law Clerk/Paralegal $200 per hour
* Rates for individual attorneys within each category above vary based upon years of experience.
2. BILLING PRACTICE
Lozano Smith will provide a monthly, itemized Statement for services rendered. Time billed is broken into 1/10 (.10) hour increments, allowing for maximum efficiency in the use of attorney time. Invoices will clearly indicate the department or individuals for whom services were rendered.
Written responses to audit letter inquiries will be charged to Client on an hourly basis, with the minimum charge for such responses equaling .5 hours. Travel time shall be prorated if the assigned attorney travels for two or more clients on the same trip.
3. COSTS AND EXPENSES
In-office copying/electronic communication printing $ 0.25 per page Facsimile $ 0.25 per page
Postage Actual Usage
Mileage IRS Standard Rate
Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis.
Exhibit B -Professional Rate Schedule
9 DocuSign Envelope ID: A63E7301-4CA6-44A2-A97B-68D14BB18248 Andy J. Garcia
Executive Director E-mail: [email protected]
Limited Liability Partnership
One Capitol Mall, Suite 640 Sacramento, CA 95814 Tel 916.329.7433 Fax 916.329.9050 2001 North Main St., Suite 500 Walnut Creek, CA 94596 Tel 925.953.1620 Fax 925.953.1625 7404 North Spalding Fresno, CA 93720 Tel 559.431.5600 Fax 559.261.9366 4 Lower Ragsdale Dr., Suite 200 Monterey, CA 93940 Tel 831.646.1501 Fax 831.646.1801 4900 California Avenue, Tower B, Suite 210 Bakersfield, CA 93309 Tel 661.271.1012 Fax 661.271.1013 733 Marsh Street, Suite 200 San Luis Obispo, CA 93401 Tel 805.471.7080 Fax 805.930.1031 515 S. Figueroa St., Suite 750 Los Angeles, CA 90071 Tel 213.929.1066 Fax 213.929.1077 4660 La Jolla Village Drive, Suite 825 San Diego, CA 92122 Tel 858.909.9002 Fax 858.909.9022 November 15, 2023
Kristin Eriksson
Assistant City Manager
154 S. 8th Street
Grover Beach, CA 93433
Re: Request for Proposal for City Attorney Services
Dear Ms. Eriksson:
Lozano Smith, LLP is pleased to respond to the City of Grover Beach’s Request for Proposals (RFP) for City Attorney Services. Lozano Smith is a California-based law firm. As outlined in the proposal, we look forward to the opportunity to provide high quality and timely legal services to the City.
Our firm’s collective expertise in municipal law and experienced legal staff are positioned to meet the City’s expectations in the delivery of legal services. Attorneys from our Central Coast and Fresno offices will partner with you to ensure our culture of collaboration brings substantial benefits and cost-savings to your City. Currently representing over 600 public agencies in California, we have experience advising small and mid-sized cities in an innovative and cost-effective manner.
The primary attorney contact for purposes of this RFP is Robert Lomeli, attorney in our San Luis Obispo office. Robert’s contact information includes:
• Address: 733 Marsh Street, Suite 200 San Luis Obispo, CA 93401 • Phone: 805.471.7080
• Email: [email protected]
We look forward to further discussing how we can serve the City of Grover Beach.
Respectfully submitted,
LOZANO SMITH, LLP
Andy J. Garcia
Executive Director
AJG/dsm
Enclosure
Attachment 2
Submitted by Lozano Smith
Robert A. Lomeli, Attorney at Law
[email protected]
733 Marsh Street, Suite 200
San Luis Obispo, CA 93401
805.471.7080
November 15, 2023
PROPOSAL PREPARED FOR
City of Grover Beach
Sacramento | Walnut Creek | Fresno | Monterey | Bakersfield | San Luis Obispo | Los Angeles | San Diego LozanoSmith.com California’s Premier Public Agency Law Firm Table of Contents
SECTION 1 - EXECUTIVE SUMMARY
Firm Overview................................................................................................................................................1 General Municipal Law Advisory....................................................................................................................1 Commitment to Diversity, Equity and Inclusion (DEI) – Nationally Recognized.............................................2 Diversity by the Numbers..............................................................................................................................2 Client-Centered Billing Practices and Collaborative Practice Model..............................................................2 Blue Hat Project – Lozano Smith Foundation ...............................................................................................3 SECTION 2 – COMPANY BACKGROUND
Firm Overview................................................................................................................................................4 Office Location Serving the City of Grover Beach..........................................................................................4 Financial Stability and Standing with the CA Secretary of State ....................................................................4 SECTION 3 – COMPANY QUALIFICATIONS
City of Grover Beach Legal Team...................................................................................................................4 General City Support - Overview ...................................................................................................................6 Real Property and Eminent Domain ..............................................................................................................7 Public Contracting/Public Works...................................................................................................................8 Public Utility Issues; Including Solid Waste and Water................................................................................10 Environmental and CEQA Compliance.........................................................................................................10 Labor and Employment Law........................................................................................................................12 Enforcement of City Codes..........................................................................................................................14 Litigation Counsel .......................................................................................................................................15 Police Department.......................................................................................................................................18 Additional Information ................................................................................................................................18 State Bar Association ...................................................................................................................................19 Office Serving the City of Grover Beach.......................................................................................................19 Administrative Contact and Response Time ................................................................................................19 Meeting Dates and Schedule for Proposed Lead Attorney..........................................................................20 Current Litigation.........................................................................................................................................20 Billing and Invoices ......................................................................................................................................20 Technology Resources.................................................................................................................................21 Conflicts of Interest .....................................................................................................................................21 SECTION 4 - REFERENCES
References...................................................................................................................................................21 SECTION 5 – PRICING
Overview......................................................................................................................................................23 SECTION 6 – EXCEPTIONS TO AGREEMENT
Overview .....................................................................................................................................................24
APPENDIX
Attorney Bios
Professional Rate Schedule
LozanoSmith.com California’s Premier Public Agency Law Firm 1 Section 1 - Executive Summary
Firm Overview
Currently representing over 600 public agencies of all types in the State of California, our attorneys understand the intricacies and range of ever-changing laws affecting municipalities. The firm's Municipal Practice Group is comprised of attorneys who have served in city attorney, county counsel, and general counsel capacities for many years, gathering a wealth of knowledge and understanding of client needs.
General Municipal Law Advisory
Lozano Smith is a full-service municipal law firm with a focus on problem resolution. We regularly send Client News Briefs to ensure your Council members, executives and staff are current on all legal issues.
We advise cities, including Councilmembers, executives, general staff and, as needed, interface with third parties and the public on a daily basis.
For example, we current serve the following municipalities as city attorney:
City of Chowchilla
City of Clovis
City of Dos Palos
City of Fowler
City of Greenfield
City of Hollister
City of Lemoore
City of Reedley
We also serve as legal counsel to many other cities, counties and special districts, including for example:
Branciforte Fire Protection District
Central Coast Blue Regional Recycled
Water Authority
City of Los Angeles
County of Los Angeles
County of Madera
City of Sacramento
Santa Ynez Community Services District
Areas Of Practice
To best meet the needs and ensure the ongoing success of its clients, Lozano Smith's Municipal Practice Group provides advice in all areas of law affecting cities, and provides specialized services to all of the firm's public agency clients in the following areas:
Open Meeting Laws/Brown Act
Records Request/Public Records Act
Conflicts of Interest and Ethics
Fees, Taxes & Assessments
Claims Against Public Agencies
Employment/Personnel and Collective
Bargaining for Public Agencies
Land Use and CEQA
Construction Advice and Litigation
Public Safety
Police and Fire
Code Enforcement
Americans with Disabilities Act
Intergovernmental Relations
Elections, Redistricting and Voting Rights
Act
Public Agency Formation, Organization
and Reorganization
Public Financing/Tax Exempt Bonds
Economic development
LozanoSmith.com California’s Premier Public Agency Law Firm 2 In addition, Lozano Smith assists clients with:
Land use and planning law
Real estate law
FPPC regulations
Environmental Law (i.e., water, hazardous
waste and municipal waste )
The Subdivision Map Act
Elections law
Contract law
Municipal tort law
Public contracts and franchises
Parliamentary procedure
Litigation experience
Processing misdemeanor violations
PUC Proceedings
Joint Powers Shared Services Agreements
Eminent Domain
Commitment to Diversity, Equity and Inclusion (DEI) – Nationally Recognized We value diversity and the strength and perspective fostered by bringing together people of different backgrounds and experiences. As an illustration of the Firm’s commitment and focus on diversity, equity and inclusion, Lozano Smith has consistently ranked in the top three in Law 360’s nationwide rankings since 2020.
Lozano Smith ranked 1st overall in Law 360’s 2022 Glass Ceiling Report, a data-driven review of female attorney representation at law firms, and 3rd overall in the 2022 Diversity Snapshot. These rankings reflect the 101-250 attorney category. In 2022, Lozano Smith topped Law 360’s nationwide rankings, including:
1st in diversity amongst its equity partnership
1st in gender equity amongst its nonequity partnership Top 5 throughout several other diversity and equity categories Diversity by the Numbers
Lozano Smith firmly believes that our strength, quality, and growth is directly attributable to the diversity of our entire team. We are a team of people who look, speak, think, believe, and move differently than one another, but share a common purpose: providing exceptional legal services to all of our clients. We believe that inclusion is first actively seeing, welcoming, embracing, and celebrating our differences. It is then ensuring that all employees have meaningful opportunities to advance and grow in the firm.
We want everyone on our team to feel supported, respected, and included. Our recent statistics include:
66% of all employees identify as female
59% of attorneys identify as female
50% of partners identify as female
45% of employees identify as a person of color
37% of attorneys identify as a person of color
33% of partners identify as a person of color
Client-Centered Billing Practices and Collaborative Practice Model Our existing and proposed rates are competitive with leading public agency law firms offering similar services. In addition, it is important to know that our bills reflect time actually spent on legal work. We bill in 1/10 (.10) hour increments as compared to the common industry practice of billing in minimum increments of either 2/10 (.20) or 3/10 (.30) hour increments regardless of actual time spent. Moreover, LozanoSmith.com California’s Premier Public Agency Law Firm 3 the culture of our firm encourages our attorneys to collaborate with each other which consistently results in saving time and money for our clients. With our statewide practice, we often see trends and ways to avoid significant legal issues to the benefit of our clients.
Sample Resources – Keeping Clients Current on Legal Developments New Law Going into Effect January 1, 2024, Restricts Municipal Regulations on Delivery of Medicinal Cannabis (News Brief)
California Supreme Court Issues Long-Awaited Decision in California Voting Rights Act Challenge (News Brief)
Episode 64 Much Ado About ADUs (Podcast)
Brown Act Handbook (Publication)
Government Claims Handbook (Publication)
Blue Hat Project – Lozano Smith Foundation
Lozano Smith’s signature Blue Hat Project symbolizes our team’s hands-on pledge and desire to engage in our communities. With involvement by more than 200 Lozano Smith employees, we have assembled and distributed hygiene kits, held blanket drives, volunteered at food banks and invested in our communities through a variety of partner projects. We are proud to be more than a law firm and give back to many who need it most. We invite you to learn more at http://lozanosmithfoundation.org/.
LozanoSmith.com California’s Premier Public Agency Law Firm 4 Section 2 - Company Background
Firm Overview
The firm's roots in the public sector run deep. Lozano Smith, LLP was formed in 1988 and has grown to our present size of 114 attorneys (196 total employees across) eight statewide offices.
Lozano Smith has represented numerous public agencies through nearly all legal issues imaginable. We have represented both small and large public agencies ranging in populations of under ten thousand to over several million. Lozano Smith currently serves more than 600 public agencies.
Office Locations
San Luis Obispo
Sacramento
Fresno (Also Administrative
Headquarters)
Bakersfield
Monterey
Walnut Creek
Los Angeles
San Diego
Office Location Serving the City of Grover Beach
The City of Grover Beach would be served by a team of attorneys primarily from our San Luis Obispo office. Attorneys from our Fresno and Monterey offices would also provide counsel and services.
Financial Stability and Standing with the CA Secretary of State Lozano Smith has been providing counsel to public agencies since 1988. The firm continues to maintain financial stability and is in good standing with the CA Secretary of State.
Section 3 - Company Qualifications
City Of Grover Beach Legal Team
Robert Lomeli has been designated as the proposed City Attorney. Jennifer Thompson and Mary Lerner would serve as Assistant City Attorneys and backup attorneys to Mr. Lomeli. We also work in teams in order to bring all the firm’s resources to benefit our clients and provide cost effective services. Lozano Smith is proud to augment its municipal law practitioners with the following:
Robert A. Lomeli is an Associate in Lozano Smith's San Luis Obispo Office. Mr. Lomeli primarily serves municipal clients with a focus on public meetings and governance, contracts, investigations and labor negotiations, and works tirelessly to obtain advantageous outcomes for his clients. Mr. Lomeli is experienced in labor negotiations, and has led collective bargaining for clients, including drafting and revising contracts, working to reach tentative agreements, negotiating amendments to grievance/employee discipline procedures, and working with analysts to determine costing for proposed bargaining requests. Mr. Lomeli has prior experience in public entity negotiations, police investigations, and working with Sheriffs' offices, and utilizes that valuable experience to benefit his clients in all areas. Mr. Lomeli has also served as an adjunct professor at the Monterey College of Law - San Luis Obispo Branch for the past four years.
LozanoSmith.com California’s Premier Public Agency Law Firm 5 Mary F. Lerner is a Partner in Lozano Smith's Fresno and Monterey offices and serves as co-chair of the firm's Municipal Practice Group. Ms. Lerner is also a member of the firm's Facilities and Business, Governance, and Labor and Employment Practice Groups. Ms.
Lerner advises clients regarding a wide-range of issues affecting public agencies. Ms.
Lerner's practice is focused on personnel matters, finances, development, CEQA, LAFCO, the Brown Act, board governance, sustainable groundwater agencies, elections, code enforcement, First Amendment issues, labor negotiations, and public safety. Ms. Lerner is general counsel for public agency clients throughout California. In addition, she assists clients in defense of issues related to the Americans with Disabilities Act.
Jennifer P. Thompson is Senior Counsel in Lozano Smith's San Luis Obispo office. She is an experienced government professional with years of experience managing city departments. She has extensive experience in municipal finance and utilities operations.
Ms. Thompson frequently assists clients with public agency procurement issues, including request for proposals and all types of contracts. She counsels her clients on all types of development matters including affordable housing issues and development agreements.
In addition, she performs investigations on a wide variety of issues. She also supports her clients by advising on board policies, City ordinances, and the California Voting Rights Act.
Kevin F. Serrano is an Associate in Lozano Smith's Monterey office. He serves public agencies through legal representation in a wide variety of facilities and business issues. He also provides counsel on key governance issues, including for example, Brown Act, Public Records Act, and conflicts. Mr. Serrano has experience in civil litigation and public service.
He is highly skilled in overseeing all facets of case management, compiling detailed reports, documentation, interviews, and briefs to ensure effective strategic planning and presentation.
Robert Lomeli Mary Lerner Jennifer
Thompson
Kevin Serrano
Employment at
Lozano Smith
1 year 7 years 2 years 1.5 years
Specialization /
Practice Areas
Labor &
Employment;
Municipal;
Governance
Labor & Employment;
Facilities & Business;
Governance; Municipal;
Investigations
Labor &
Employment,
Facilities &
Business
Municipal,
Governance
Municipal,
Facilities &
Business
Legal Training J.D., San Luis
Obispo College of
Law
J.D., San Joaquin College
of Law
J.D., San Luis
Obispo College of
Law
J.D., California
Western
School of Law
Honors &
Affiliations
Member of the
State Bar of
California
Member of the State
Bar of California, League
of California Cities
Member of the
State Bar of
California
Member of the
State Bar of
California
LozanoSmith.com California’s Premier Public Agency Law Firm 6 California Bar 6/21/2020 4/9/2005 6/7/2019 6/4/2019
Years of
Practice
2020-Present 2005-Present 2019-Present 2019-Present
General City Support - Overview
ATTENDANCE AT CITY COUNCIL MEETINGS
This is a critical element of our comprehensive representation of your city. Our attorneys attend public agency meetings on a daily basis, both to participate and to ensure compliance with open meetings laws.
In addition, we routinely attend a wide-range of committee meetings, including ad hoc committees, successor agency oversight boards, citizen oversight committees, budget committees, community advisory committees, and joint committees with other public agencies.
BROWN ACT
We routinely provide advice regarding the open meeting requirements of the Ralph M. Brown Act. The firm also publishes an annual Brown Act Handbook and related materials available at no cost for clients to use in understanding and complying with the Brown Act.
CLIENT
EXPERIENCE
We have successfully defended Brown Act suits at the trial and appellate levels. For example, Duval v. Board of Trustees 93 Cal.App.4th 902 established the principle that a legislative body may conduct comprehensive personnel evaluations in closed session, including a discussion of evaluation criteria and setting goals for future performance.
PUBLIC RECORDS ACT
We routinely handle Public Records Act requests. Our attorneys and paralegals routinely deal with complex issues such as requests for salary or personnel information, electronic documents, and documents related to closed-session meetings or pending litigation. All Lozano Smith attorneys are well versed in the Public Records Act, and they remain abreast of recent legislation and case law.
POLITICAL REFORM ACT, CONFLICTS OF INTEREST
We regularly train and advise public agencies, including City Councilmembers, regarding a wide range of conflicts of interest and ethics issues. Our attorneys are well versed in:
The Political Reform Act;
Government Code section 1090; and
The common law doctrine of conflicts of interest.
ELECTIONS
We frequently advise public agencies on public officials’ obligations to disclose their economic interests, to abstain from participating in governmental decisions that can have a material effect on their economic interests, and to properly disclose potential conflicts at public meetings.
LozanoSmith.com California’s Premier Public Agency Law Firm 7 When it comes to elections and political issues, we offer in-depth experience and practical options. The firm’s attorneys advise on the proper conduct of both candidate elections and ballot measure elections, and conduct training for public agencies on many election-related topics. A frequent topic is the proper use of governmental resources and facilities during elections. We provide practical guidance on issues such as:
Assisting City officials and City Councilmembers with all election factors; Timing and conducting of elections, including special elections; Manage conversion to district elections;
Defend California Voters Rights Act challenges;
Election contests and voter registration issues;
Public agency involvement in ballot measure elections; Restrictions on the use of agency computers, telephones, and media for political purposes; Political activity by staff and third parties;
Proper use of facilities for political activity;
Guidelines for mass mailings sent at public expense;
Lobbying and campaign finance regulations; and
Recall actions, including defense and oversight of the dual election process.
Real Property and Eminent Domain
Lozano Smith has extensive experience in all aspects of property acquisition, including reviewing, drafting and negotiating sophisticated real property transactions. These transactions have included negotiated purchases, real property exchanges with both private and public entities, acquisition through developer agreements, and eminent domain. We also have represented numerous public agencies in public property sale and leases, as well as joint use agreements. Our attorneys are very familiar with issues concerning entitlements, easements, dedications, title and survey matters and real property due diligence.
ECONOMIC DEVELOPMENT, REAL ESTATE & HOUSING
Lozano Smith attorneys have drafted numerous Development Agreements, Real Estate transactions without regulatory elements, Owner Participation Agreements, Disposition and Development Agreements, Affordable Housing Agreements, and special district/civic center transactions. In addition, our attorneys are experienced with matters involving urban renewal, economic development, and Community Development Block Grant Programs. Prior to ABx1 26 and the demise of redevelopment agencies, Lozano Smith advised multiple redevelopment agencies and now is providing legal advice to several oversight boards and successor agencies.
LAND USE AND ZONING
Lozano Smith attorneys are particularly skilled at preparing complex land use transactions, statutory development agreements, parcel and subdivision map agreements, general plan and zoning legislation, and developer fee agreements and implementation. Lozano Smith has negotiated easement agreements involving roads, access, utilities, and other issues; in addition to preparing and negotiating leases, LozanoSmith.com California’s Premier Public Agency Law Firm 8 including long-term and short-term facilities space leases, ground leases, tenant improvement agreements and licenses. When necessary, the firm has assisted public agencies in obtaining property rights through eminent domain proceedings.
Public Contracting/Public Works
Since the firm’s inception, our attorneys have advised public agencies on the myriad of legal issues presented by the procurement of services, equipment and materials. Our attorneys are experienced in prevailing wage and public bidding requirements as they relate to special districts and municipalities. The firm’s statewide presence and internal sharing of information serves our clients and results in cost savings to them.
More than half of the attorneys on our staff manage business transactions each day, giving us the depth of experience to successfully review and advise our clients on these types of transactions. Specific areas in which we regularly provide advice and counsel include:
Legislative and judicial actions/decisions;
Contracts (general);
Capital Improvement Projects (construction contracts, including bidding, award and defense); Bid challenges;
Easements;
Deeds of trust and Leases;
Ordinances and Resolutions;
Notices and Dispositions; and
Property acquisitions.
FRANCHISING ISSUES
Lozano Smith attorneys have extensive experience in preparing solid waste franchise agreements for many municipal clients, and advising on franchise services and rate issues associated with solid waste services. Lozano Smith attorneys have advised on cable TV issues involving the Digital Infrastructure and Video Competition Act (DIVCA), and helped with preparing the JPA between Fresno and Clovis that operates jointly designated Public, Educational, and Government (PEG) provider, and the related agreement with Community Media Access Collaborative (CMAC) to manage and administer the programming and services for the PEG channels.
Construction Advice and Litigation
Lozano Smith's Construction Advice and Litigation (CAL) attorneys provide timely, cost-sensitive, and industry-leading legal services related to public works projects of all kinds. We assist clients with project planning, contract documents, and bid issues at the beginning of a project; project management, disputes, and change orders during a project; and completion, payment, claims, and litigation at project closeout.
LozanoSmith.com California’s Premier Public Agency Law Firm 9 Our dispute resolution and litigation expertise ranges from standard (extra work, delay, and stop payment notice claims) to complex (contractor defaults, surety disputes, and false claims). We have also successfully represented clients in disputes with construction consultant (architects and construction managers) and in construction defect litigation.
Lozano Smith has advised and represented public entities in California on virtually all aspects of public works since the firm's inception more than 30 years ago. We focus on helping our clients avoid costly delays and costs by proactively identifying, avoiding, and addressing potential claims whenever possible, while protecting the client’s interests and preparing for litigation in the event disputes cannot be resolved. In addition, our CAL attorneys give many well respected presentations and in-services every year throughout the state regarding construction issues.
REPRESENTATIVE CASES AND PROJECTS
City of Antioch – $16 million water treatment plant expansion project – Lozano Smith attorney obtained a $1.2 million settlement from the engineer and equipment provider related to an inadequate dewatering system. At the engineer’s recommendation, the City agreed to include a sludge dewatering system, but it was not properly tested or designed for the water treatment plant’s footprint.
City of Milpitas – $40 million new City Hall construction – Lozano Smith attorney provided legal advice to the City’s management team that took over this multiple-prime project mid-stream after the City’s construction manager had to be terminated due to extraordinary delays. A Lozano Smith attorney assisted City staff to take over management of the project and re-start the work, including mid-project mediation with the architect over design flaws. He also resolved disputes with contractors during the project and preserved the City’s rights for other postcompletion claims exceeding $2 million. City of San Leandro – After significant delays occurred on this $15 million library expansion and retrofit due to contractor mistakes, design defects, and construction management errors, one of our attorneys provided advice to the City so that the project could move forward as expeditiously as possible, while preserving the City’s rights for a substantial number of claims at the end of the project, including contractor claims and City claims for liquidated damages. City of Galt – $5 million new police facility – The contractor filed for bankruptcy at the mid-point of the project, thus a Lozano Smith attorney obtained permission from the bankruptcy court to terminate the contract and demand that the surety complete the project. A Lozano Smith attorney had to negotiate with the surety regarding a takeover agreement. City of Clovis – $28 million surface water treatment plant project – Lozano Smith attorney recovered $4.8 million settlement from the engineer and filter provider related to insufficient LozanoSmith.com California’s Premier Public Agency Law Firm 10 water production. The filters had failed to perform as required by the contract’s specifications, and an inadequate number of filters had been included in the design.
Public Utility Issues; Including Solid Waste and Water
Our firm has assisted clients throughout the State to craft regulations that are sound and recommend the best approach for them to best serve the water needs of their constituents. Lozano Smith attorneys have handled other cases under Comprehensive Environmental Response, Compensation and Liability Act and assisted clients in navigating the Resource Conservation and Recovery Act. In addition, Lozano Smith attorneys have represented clients in cases involving groundwater contamination, petroleum tank leaks, air quality boards, the State Water Resources Control Board, and perchloroethylene (dry cleaning chemical known as PERC). Our attorneys are also experienced in working with the unique challenges facing Groundwater Sustainability Agencies, including the Arroyo Seco Groundwater Sustainability Agency.
Environmental and CEQA Compliance
Lozano Smith’s attorneys have extensive experience assisting clients with issues relating to the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and other environmental laws. The firm frequently advises public agencies regarding how they may best navigate CEQA procedures and avoid challenges, and review environmental documents for clients prior to their adoption. If a dispute does arise, we often called upon to negotiate a resolution or defend legal challenges.
Lozano Smith's attorneys have also assisted in assessing options for energy related contracts, including energy management consultant agreements, renewable energy projects, and contracts for energy conservation retrofits, and have also advised on identifying and maximizing funding sources for such contracts. This work has included negotiations of a number of power purchase agreements and other high-value contracts for the installation of solar photovoltaic facilities.
REPRESENTATIVE CEQA CASES
Case Name Court Case No.
Save Our Crossroads Center v. City of Clovis, et
al.
Fresno County Superior Court 03CECG01576
Paulek v. City of Moreno Valley, et al. Riverside County Superior Court RIC151967 Consolidated Irrigation District v. City of Sanger Fresno County Superior Court 13CECG03007 County of Lassen v. City of Susanville Lassen County Superior Court 34687 Heritage Fresno v. City of Fresno/RDA Fresno County Superior Court 06CECG00162 LozanoSmith.com California’s Premier Public Agency Law Firm 11 Vagim v. Fresno RDA Fresno County Superior Court 06CECG01795 Consolidated Irrigation District v. City of Parlier Fresno County Superior Court 09CECG04072 City of Greenfield v. Jake’s Dream Investors LP Monterey County Superior Court M102611 Consolidated Irrigation District v. City of Parlier Fresno County Superior Court 10CECG03477 Huntington Beach Union High School District, et
al. v. County of Orange
Orange County Superior Court 741299
Eastside Union High School District v. City of
San Jose
Santa Clara County Superior
Court
CV743694
Save San Mateo High School!, et al. v. San
Mateo Union High School District
San Mateo County Superior
Court
418415
Huntington Beach Union High School District, et
al. v. County of Orange
Orange County Superior Court 741299
Watsonville Wetlands Watch v. Pajaro Valley
Unified School District
California Court of Appeal, Sixth
Appellate District
H020282
Watsonville Wetlands Watch v. PVUSD Santa Cruz Superior Court 134587 Neighborhood Alliance to Save Old Hoover
School, et al. v. San Jose Unified School District
Santa Clara County Superior
Court
CV749716
Friends of Moraga Canyon v. City of Piedmont Alameda County Superior Court RG12611028 Behrens Neighborhood Association v. Albany
Unified School District
Contra Costa County Superior
Court
CIV/MSN07-
1267
City of El Cerrito v. Albany Unified School
District
Contra Costa County Superior
Court
N07-1266
Western Placer Unified School District v. City of
Lincoln
Placer County Superior Court SCV0032309
LozanoSmith.com California’s Premier Public Agency Law Firm 12 Labor and Employment Law
A significant portion of our firm’s resources is dedicated to employment counseling, employment litigation, and administrative proceedings. Our attorneys are recognized experts at the state and national levels.
We have broad experience assisting clients in preventing, investigating, and litigating claims of sexual harassment and all forms of employment discrimination, and our advocacy has been sought in a number of sensitive, high-profile cases. Our attorneys have argued appellate court personnel cases, including in cases before the California Supreme Court. We have also represented public agencies in proceedings before a variety of administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Civil Rights Department (CRD), and the California Public Employment Relations Board (PERB).
We have devised and implemented a process to assist staff in reviewing requests for accommodation from employees and returning injured employees to work. We are familiar with the workers' compensation law process and have specific expertise in the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and related state law. Our attorneys have experience assisting clients with the Public Safety Officers Procedural Bill of Rights (POBR) and the Firefighters Procedural Bill of Rights Act (FOBR).
We have represented and defended public sector employers in matters involving all of the following state and federal labor laws:
Title VII of the Civil Rights Act of 1964
The Equal Pay Act of 1963 (EPA)
The Age Discrimination in Employment Act of 1967 (ADEA) Title I and Title V of the Americans with Disabilities Act of 1990 (ADA) The Civil Rights Act of 1991
Unruh Civil Rights Act
The California Fair Employment and Housing Act
Other areas in which we have expertise and training include:
Drafting of Disciplinary Charges
Due Process Hearings
Employee Discipline and Termination
Employee Evaluation
Family and Medical Leave Laws
(FMLA/CFRA)
Grievances
Harassment and Discrimination
Investigations
Labor Negotiations
Management and Employee Contracts
Military Leave
Personnel Policies
Pre-Employment Screening
Recruitment and Hiring
Sexual Harassment/Retaliation
Whistle Blower Statutes
LozanoSmith.com California’s Premier Public Agency Law Firm 13
EMPLOYEE DISCIPLINE AND DISMISSAL
Lozano Smith is well qualified and experienced to provide legal assistance on virtually any personnel issue affecting represented and unrepresented employees. We assist in preparing documents that are legally compliant, effective and comply with applicable collective bargaining agreements. The firm’s attorneys are recognized experts on employment issues and are known for cooperatively negotiating creative solutions to employee discipline and dismissal actions.
COLLECTIVE BARGAINING/MEYERS-MILIAS-BROWN ACT
We have experience representing various public agencies in negotiations. We sit as lead negotiators and provide a full range of services regarding labor negotiations and have expertise in guiding clients through impasse, fact-finding and preparations for concerted activities. We provide advice that is driven by the legal, political and financial realities of the client. For many of our clients, we conduct union negotiations. For others, we advise personnel who conduct negotiations. In addition, the firm has substantial experience handling grievances, arbitrations, and unfair labor practice proceedings.
INVESTIGATIVE SERVICES
Lozano Smith’s Investigations Practice Group is comprised of more than 20 attorneys with expertise in many areas, including the following:
Unlawful Discrimination
Conflict of Interest
Employee Misconduct
Financial Fraud
Retaliation
Sexual Harassment
Training for Administration Team
Unlawful Discrimination
Violations of Policy or Performance
Standards
Our team recognizes the challenges that come with investigating complaints filed by and against public employees. Whether questions relate to Fourth Amendment privacy rights, Weingarten rights, Lybarger warnings, or the Peace Officers Bill of Rights, we know that it is important for your investigators to be trained and experienced in the unique issues that may arise for a public agency.
CLIENT
EXPERIENCE
Lozano Smith attorneys have worked with the following public agencies, for example: City of Sacramento, Sacramento Regional Fire/EMS Communications Center, City of Ventura, and County of Los Angeles.
AMERICANS WITH DISABILITIES ACT
Real experience is indispensable when attorneys are called upon to defend claims under the Americans with Disabilities Act and/or California's Disabled Person's Act. The attorneys at Lozano Smith are truly experts in this area, having represented numerous public agencies in avoiding claims by assuring they are in compliance with the multitude of disability laws as well as in defense of some of the largest ADA claims throughout the country. We routinely advise our clients related to compliance with the various disability laws, including:
LozanoSmith.com California’s Premier Public Agency Law Firm 14 Architectural barriers and accessibility elements in areas including parking, paths of travel, restroom facilities, guest rooms and pool access
Communication and service barriers including the lack of auxiliary aids and services like Telecommunications Relay Services (TRS), speech outputs, close captioning and Braille signage, or accommodating service animals
Programmatic barriers that prevent disabled individuals from full and equal access, services and accommodations, including inadequate policies, procedures and training programs for staff Barriers at the planning stage of any potential program and/or project Modification of contractual protection and coverage, where available, to assure all possible protections are afforded to our public entity clients by any retained consultants and/or contractors
Our approach to disability claims is also somewhat unique; each claim is analyzed independently to identify not only the potential risk and expense, but also to develop a plan for resolving the matter as expeditiously and efficiently as possible. Although our attorneys have litigated countless disability lawsuits through state and federal courts, they are also adept at directing matters towards structured negotiations either prior to or after the suit has been filed. These options allow us to assure that our clients' interests are advanced, whether they be minimizing risk and expense of litigation or aggressively defending against a frivolous claim.
Enforcement Of City Codes
Lozano Smith attorneys provide code enforcement for all of its municipal clients. Lozano Smith attorneys work with staff at all stages of code enforcement, from the drafting of initial violation notices through administrative, civil, and criminal enforcement. Attorneys in the firm’s Municipal Practice Group are experts in drafting nuisance, abatement, and cost recovery ordinances. Our attorneys have assisted many municipal clients develop creative solutions for addressing nuisance behaviors at parks and other public facilities. Our team of experienced municipal attorneys have reviewed and updated city ordinances relating to abatement, hearing procedures, and cost recovery.
MUNICIPAL CODE REVIEW & REVISION
Our proposed team has revised numerous cities’ municipal codes. We begin by completing a thorough review of the existing municipal code to find old and superseded law. We then work closely with the executive team, including the City Manager and department heads (with input from various boards and commissions as appropriate) to discuss and determine what changes the City wants. These changes are adopted into the newly revised Municipal Code, which is then presented to the City Manager and City Council for their review and approval, in whole or in part.
ORDINANCE AND RESOLUTION DRAFTING
Lozano Smith attorneys have extensive experience drafting City ordinances and resolutions. Examples of the firm’s experience with these matters include:
Marijuana Ordinance. Lozano Smith attorneys successfully navigated the conflicting federal and state laws governing medical and adult use of marijuana by preparing ordinances adopted in LozanoSmith.com California’s Premier Public Agency Law Firm 15 cities such as Clovis, Reedley, Parlier, Coalinga, Lemoore, Fowler and Firebaugh. Lozano Smith attorneys work closely with cities to develop unique solutions for their community. We have helped cities that choose to prohibit marijuana except to the extent allowed by state law, and we have helped cities open up commercial marijuana operations and implement local taxes to address the public safety and regulatory requirements associated with such marijuana operations.
Adult Business Ordinance. Lozano Smith attorneys drafted defensible adult business ordinances for the Cities of Clovis, Reedley, and Firebaugh. To date, these cities have had no challenges and currently have no adult businesses operating within their limits. Rent Control Ordinance. Working with property owners and mobile home park residents, Lozano Smith attorneys rewrote the City of Clovis Mobile Home Park Rent Control Ordinance and the City of Pomona’s mobile home rent control ordinance. Prior to the rewriting of the ordinance, the City was constantly involved in litigation over its existing ordinance. In addition, attorneys for the firm won a constitutional due process law case before the California Supreme Court arising out of the City’s previous rent control ordinance.
In addition, the firm’s attorneys have provided advice and assisted with implementation of cost recovery programs, programs for neighborhood preservation, abatement of nuisances, and removal of abandoned motor vehicles. Our attorneys are experienced with administrative inspection and abatement warrants; parking, traffic, and speed laws; and impounding of vehicles. We also review and provide advice regarding Memoranda of Understanding (MOUs) with other agencies, such as tax sharing MOUs with the County.
Litigation Counsel
The Litigation Practice Group works in partnership with clients, regularly communicating the status of their case, with an eye towards cost containment and ensuring they're timely informed about the progress of their case. As part of their overall case management, we investigate insurance coverage and the viability of indemnity claims to help pay for litigation costs and defray client expenses. Lozano Smith's Litigation attorneys also support and proactively encourage clients to consider alternative dispute resolution (ADR) procedures in appropriate cases. The firm is experienced and well versed in various forms of ADR, including arbitration, mediation and both informal and formal settlement conferences.
Lozano Smith attorneys are disciplined in compliance with client case-management requirements, including:
Preparation of Administrative Records;
Preparation of Written Briefs and Motions;
Specialized Public Agency Litigation, including Administrative Hearings, Writs of Mandate, Validation Actions;
Successful Advocacy Before all California Courts, Including the California Supreme Court and Ninth Circuit Court of Appeals;
Preparation of Initial Case Evaluations and Budgets;
LozanoSmith.com California’s Premier Public Agency Law Firm 16 Preparation of Discovery Plans;
Preparation of Case Updates;
Monitoring of Case Budgets;
Oral and Written Presentations to Client Senior Administration and Elected Officials; and Electronic Discovery.
GENERAL TORT DEFENSE
Our attorneys have in-depth knowledge of the California Tort Claims Act (Act) and have navigated the intricate and complex requirements and time lines that can afford or deprive public entities of important legal defenses. They are well versed in the contours of public entity and public employee liability under both common law tort principles and statute, and the various immunities that protect government agencies and employees.
In addition to liability for employees’ acts, we aggressively defend the interests of public agencies in the following, most common forms of statutory liability:
An independent contractor’s tortious act or omission “to the same extent that the public entity would be subject to such liability if it were a private person.” (Gov. Code, § 815.4.) A public entity’s breach of a “mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury . . . unless the public entity establishes that it exercised reasonable diligence to discharge the duty.” (Gov. Code, § 815.6.) Injury caused by a dangerous condition on the public entity’s property. (Gov. Code, § 835.) Lozano Smith attorneys diligently use the Act to prevent a plaintiff who does not comply with the Act’s requirements from successfully bringing a legal action.
REPRESENTATIVE CASES IN VARIOUS AREAS REQUESTED IN THE PROPOSAL Lozano Smith’s Litigation Practice Group offers its clients a long history of dedicated and successful representation. Sample cases, including those handled by current Lozano Smith attorneys prior to their employment at Lozano Smith, are included throughout the proposal. For example:
Leonard Avila v. City of Los Angeles, et al. 9th Circuit Court of Appeal, Case No. 12-55931 where Lozano Smith successfully defended the City of Los Angeles and Los Angeles Police Department in an employment case. Following testimony, Lozano Smith asked the judge to dismiss certain claims because the officer had not introduced sufficient evidence. The judge agreed in part, and the jury was only asked to consider the officer's claims concerning retaliation under the FLSA and due process violations. The jury's verdict was a good one for the City and the LAPD, because they prevailed on the due process claim.
Tipton-Whittingham v. City of Los Angeles 34 Cal.4th 604. The case involved a class action on behalf of women officers and civilian employees of the LAPD who claimed to have been subjected to discrimination on the basis of gender and race. Following settlement, an issue arose as to whether plaintiffs could obtain attorneys’ fees of approximately $1.7 million. A Lozano Smith attorney assisted in developing arguments and drafting briefs to the California Supreme Court LozanoSmith.com California’s Premier Public Agency Law Firm 17 that resulted in a decision placing significant limitations on the ability of plaintiffs to obtain attorneys’ fees from public entities under a catalyst theory. The decision established law that absent a judicially recognized change in the legal relationship of the parties, a plaintiff seeking attorneys’ fees bears the burden to “establish that (1) the lawsuit was a catalyst motivating the defendants to provide the primary relief sought; (2) that the lawsuit had merit and achieved its catalytic effect by threat of victory, not by dint of nuisance and threat of expense…; and (3) that the plaintiffs reasonably attempted to settle the litigation prior to filing the lawsuit.” The Supreme Court also ruled that attorneys’ fees “may not be obtained, generally speaking, by merely causing the acceleration of the issuance of government regulations or remedial measures, when the process of issuing those regulations or undertaking those measures was ongoing at the time the litigation was filed.”
Campos v. City of Clovis et al., Fresno Sup. Ct., Case No. 11CECG02541. Plaintiff police officer filed suit against the City of Clovis alleging causes of action for disability discrimination, race discrimination, and retaliation. The Court granted the City’s motion for summary adjudication of issues, resulting in the dismissal of the causes of action for race discrimination and retaliation. In January 2013, trial commenced for the remaining cause of action. Following the testimony of the first witness (Police Chief), Plaintiff asked for a break in the proceedings to engage in settlement discussions, which he had refused to do at any point pre-trial. We negotiated a nominal settlement that included Plaintiff’s resignation from employment with the City. Carter v. City of Clovis et al., Fresno Sup. Ct., Case No. 11CECG03941 MWS. Plaintiff police officer filed a lawsuit against the City, a Police Captain, and a Police Sergeant alleging causes of action for sexual harassment (quid pro quo), hostile work environment (sexual harassment), retaliation, wrongful termination in violation of public policy, intentional infliction of emotional distress, race discrimination by association, and failure to prevent discrimination. In June 2013, the Court granted the Defendants’ motion for summary adjudication of issues, resulting in the dismissal of the causes of action for sexual harassment (quid pro quo), hostile work environment (sexual harassment), wrongful termination in violation of public policy, and intentional infliction of emotional distress. The Court’s ruling also resulted in the dismissal of the individually named defendants in the lawsuit. Within a month of this ruling, we negotiated a nominal settlement with plaintiff.
Chisom et al. v. Bd. of Retirement et al. Court of Appeal, Fifth District, Case No. F064259. A recent published decision upholding a decade-old settlement agreement and rejecting a group of retired Fresno County employees' attempt to use parole evidence to advance an interpretation of the settlement agreement that would have allowed the former employees to pursue their claims for an "enhanced" non-service-connected disability retirement benefit. Shiell, et al. v. County of Los Angeles, et al., Los Angeles County Superior Court Case No.
BC208582, an Equal protection action claiming staff members of a non-profit, public benefit corporation were entitled to the same rights, salaries and benefits of County employees because they performed the same work. A dispositive motion was decided in the County's favor.
LozanoSmith.com California’s Premier Public Agency Law Firm 18 Hall, et al. v. County of Los Angeles, Los Angeles County Superior Court Case No. BC208583, where approximately 200 female attorneys of a non-profit, public benefit corporation brought a sex discrimination suit claiming they were not receiving the same salaries and benefits as male employees of the County, despite doing the same work. The County’s dispositive motion was ultimately granted on the grounds that plaintiffs were using improper male comparators and had not shown any indicia of discrimination.
In Govan v. City of Clovis, Lozano Smith successfully obtained dismissal of several constitutional and other statutory claims asserted by a Plaintiff business operator against the City of Clovis and individual City police officers, where the Plaintiff challenged the City of Clovis’ sign ordinance and its enforcement. The District Court, entered judgment in the City’s favor following dismissal of all of the Plaintiff’s claims, which included several theories on the alleged violation of his First Amendment free speech rights, violation of his constitutional due process rights violation of his equal protection rights, and other state law claims.
Save Our Crossroads Center v. City of Clovis, et al. Fresno County Superior Court Case #03CECG01576 Fifth District Court of Appeals Case #F059907 Supreme Court Case #S194664:
Lozano Smith defended the City of Clovis in a case filed against the City of Clovis by opponents of a Wal-Mart Supercenter regarding air quality analysis, energy impacts analysis, biological impacts analysis, water supply assessment, range of Project alternatives and General Plan consistency.
Police Department
INTERNAL DEPARTMENT ADVICE AND COUNSEL
Serving as City Attorney for several cities throughout the State, Lozano Smith attorneys counsel and interact with police departments on an everyday basis. This includes issues such as police officer personnel files, Pitchess requests and policy updates. We provide advice and training on the Public Safety Officers Procedural Bill of Rights (POBR) and are familiar with individual departments’ operations manuals. Our attorneys are also familiar with law enforcement technological resources, including, for example, mobile digital terminal and dispatch, and L-tac communications.
POLICE EMPLOYMENT
Our attorneys have vast experience assisting clients with POBR, and a significant portion of our firm’s resources is dedicated to employment counseling, employment litigation, and administrative proceedings. We have broad experience assisting clients in preventing, investigating and litigating claims of sexual harassment and all forms of employment discrimination, and our advocacy has been sought in a number of sensitive, high profile cases.
Additional Information
Clients
Lozano Smith represents hundreds of public agencies. Additional information regarding client services agreements may be provided if selected as proposed legal counsel. Within the City of Grover Beach, Lozano Smith currently represents Central Coast Blue Regional Recycled Water Authority.
LozanoSmith.com California’s Premier Public Agency Law Firm 19 State Bar Association
The firm has not had any judgments in which Lozano Smith has been adjudicated liable for professional malpractice. More than 15 years ago, one attorney who is no longer employed by Lozano Smith, was the subject of complaint and discipline with the State Bar. The firm does not currently employ any attorneys that have personally been disciplined by the State Bar.
Office Serving the City of Grover Beach
The City of Grover Beach would be served by a team of attorneys primarily from our San Luis Obispo office. Our attorney team is available and committed to providing the proposed services to the City, including devoting the necessary time to complete the work required, scheduling flexibility, office locations, establishment of office hours at City Hall, and responses to inquiries.
Administrative Contact And Response Time
A City Attorney works to be collaborative and efficient in representing the City and its departments on a daily basis, 24/7. At Lozano Smith, we understand the need and benefit to establish a true working relationship with the City Council, City Manager, department heads, and staff to best serve the City. We are available day and night to the members of the City Council to assist each of them in advancing the City Council’s vision for the community. Essentially, the firm operates as would in-house counsel.
As City Attorney, our staff role is to be fully interactive, meaning not only analyze the statutes, cases and administrative regulations, but also act as chief counsel to provide opinions, legal options and recommendations that are in the best interests of the City. We view the City Attorney as a member of the City’s executive management team, expected to attend and participate in management functions as needed or requested.
We work directly with the City Manager as the day-to-day contact unless otherwise directed.
Coordinating daily work will be a consistent and constant flow of communication with the process for transmittal of requests or other materials done through emails and phone calls. We are available to communicate in any capacity and form regarding the status of legal matters. We will adapt to the City and the City Manager’s preferred use and coordination of legal services. Our expectation is to return all phone calls and emails within a 24 hour period, and often sooner.
TRACKING AND MANAGING LEGAL COSTS; CASE MANAGEMENT PLANS AND MATRICES Lozano Smith attorneys routinely work with clients to develop a detailed and effective case or assignment management plan, as needed, to ensure that the client is aware of the status of all pending matters. This also helps track and manage legal costs for transparency and to assist in the effort of keeping the City’s legal costs to a minimal level. Specifically, for several clients we have created a case management matrix, for significant projects and litigation matters that details the following information:
Lozano Smith Matter Number Matter/Case Name
Responsible Attorney Current Status
Next Steps Budgeted Amount
Amount Expended
LozanoSmith.com California’s Premier Public Agency Law Firm 20 In addition to using case management matrices to manage cases/assignments, we frequently develop case timelines for complex cases. These timelines are particularly useful when a complex case or assignment requires significant work from City staff. For example, in the employment litigation context, a discovery request may require City staff time to assist in gathering documents responsive to the request. A case timeline helps to ensure that staff and legal counsel adhere to all timelines.
We are proactive in strategizing with clients to make sure that the quality legal services that we perform meet or exceed our clients’ needs and at the same time are within budget. This is consistent with our proactive approach of advising the City Council, City Manager and staff about legal developments or issues of concern in advance of being asked or receiving requests. Our attorneys regularly review developments, such as new case law or legislation, which affect our city clients.
QUALITY CONTROL
It is the practice of our firm to assign one partner as the responsible partner for all of an individual client’s work, which also includes determining the specific role, responsibility and time each attorney will be involved in respective portions of assignments. For any legal issue that is not routine or which may expose the client to extraordinary legal, economic or political risk, we utilize the skill and experience of our attorney team. However, to ensure the client is thoroughly advised, our team peer-reviews each other’s work. This does not add to your costs, but will add to the certainty you can have in the quality of our advice.
REPORTS
Our attorneys meet with the City Manager and Mayor or others as appropriate on a weekly basis and provide oral updates on all legal matters. Written reports on projects are given to the entire City Council upon request. Lozano Smith is able to provide any form of reporting the City wishes as necessary. In addition to regular meetings with city staff, Lozano Smith will provide regular reports to the City Council on all pending matters.
Meeting Dates and Schedule for Proposed Lead Attorney
Robert Lomeli, proposed Lead Attorney, has the following scheduled meetings:
• Central Coast Blue Regional Recycled Water Authority - regular meeting on December 4, 2023. • City of Hollister Art and Culture Commission meetings held on the second Tuesday of each month, and the Parks and Recreation Commission meetings held on the last Tuesday of each month.
Current Litigation
There is no pending litigation with any local government clients of the proposed City Attorney and/or firm, nor has there been litigation in the past ten (10) years.
Billing and Invoices
Lozano Smith sends invoices to clients on a monthly basis and employs a “Net 30” payment term. The firm has the flexibility to work with the City in issuing monthly statements which will meet the City’s specific needs. These statements identify dates of services rendered, identification of parties rendering LozanoSmith.com California’s Premier Public Agency Law Firm 21 services, and an explanation of services. Our attorneys routinely work with clients to develop detailed and effective case or assignment management plans to ensure that the client is aware of the status of all pending matter, and how each subject matter moved forward. Generally, time for support staff such as legal secretaries is not billed to the client. Paralegal and law clerk time is billed the same as attorneys.
Lozano Smith has the ability to issue statements at a matter level which would provide the City and Lozano Smith with the ability to track fees based on service rendered. Furthermore, statements on a matter level could be distributed to specific departments or individuals as directed by the City. Our billing specialist would work with the City to establish department and matter information and where invoices and statements would be sent. Specific and general matters will be established for practice areas and departments. The City should provide a list of authorized personnel with authority to call attorneys. The City should supply purchase order numbers by department and matter, which can be included on invoices.
Technology Resources
Lozano Smith has a full-staffed, multi-member Information Technology department with the capability to connect Lozano Smith attorneys and their technology to the City of Grover Beach, including Microsoft Word, email, and the secure transmission of files between the firm and the City. Lozano Smith partners with a leading computerized legal research company to ensure cost-effective and efficient services.
Conflicts of Interest
We know of no conflicts that would prevent our representation of the City of Grover Beach. Lozano Smith currently represents Central Coast Blue Regional Recycled Water Authority. Lozano Smith has implemented a conflicts checking system that will disclose conflicts, if they arise, on matters as they are assigned to us. It is our legal duty to inform you if any potential conflicts arise and to obtain the consent of both parties prior to continuing to represent either party in the matter. We are unaware of any current conflict that would prevent us from serving as City Attorney, and do not anticipate having problems managing any potential conflicts that may occasionally arise.
Section 4 - References
Lozano Smith is pleased to present the following professional and personal references, and we would be happy to provide additional client references upon request.
City of Hollister
David Mirrione, City Manager
375 Fifth Street
Hollister, CA 95023
(831) 636-4300
Email: [email protected]
Scope of Work (Representative): Police matters, fire matters, records retention policy, public records requests, ordinance revisions, contact/agreements and amendments, subdivision improvement agreements, legislative update presentations to council and acting as city attorney at commission meetings.
LozanoSmith.com California’s Premier Public Agency Law Firm 22 City of Greenfield
Paul Wood, City Manager
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
(831) 674-5591
Email: [email protected]
Scope of Work (Representative): Personnel matters, negotiation of police officer and police sergeant MOUs, personnel rules, agreement review and drafting.
City of Chowchilla
Rod Pruett, City Administrator Manager
130 S. 2nd Street
Chowchilla, California 93610
(559) 665-8615 ext. 100
Email: [email protected]
Scope of Work (Representative): Municipal code revisions, fire issues, abatement and public nuisance matters, policy and procedure updates.
City of Lemoore
Nathan Olson, City Manager
711 W. Cinnamon Drive
Lemoore, California 93245
(559) 924-6744
Email: [email protected]
Scope of Work (Representative): Agreement revisions, municipal code revisions, substitute city attorney at council meetings, prop 218 and 26 work, analysis and guidance on revenue and finance.
Central Coast Blue Regional Recycled Water Authority
Geoff English, General Manager
177 S. 8th Street
Grover Beach, California 93433
(805) 418-6560
Email: [email protected]
Scope of Work (Representative): Interim general counsel to the authority. Work includes contracting with bond counsel, contracting with financing consultants, agreement drafting, land use agreements, leases, construction of 90-100 million water purification project, agenda review and approval, staff report review and approval, participation in executive meetings.
LozanoSmith.com California’s Premier Public Agency Law Firm 23 Section 5 - Pricing
Additional details of Lozano Smith’s legal fees, billing practices and compensation can be found in the attached Agreement for Professional Legal Services.
GENERAL LEGAL SERVICES:
On-site office hours
Advise the City Council, Commissions and City officials on legal matters pertaining to municipal government, including the Brown Act and parliamentary procedures for running meetings. Review meeting agendas and attend all City Council and Planning meetings, and other meetings as requested.
On a monthly basis, provide a written status report of assigned projects, requests and litigation in order to keep the City Council informed of important legal issues and to facilitate the City Council’s periodic evaluation of the City Attorney.
Provide legal advice as requested by the City Manager. Provide and/or review all ordinances, resolutions, municipal contracts, joint powers agreements, and other agreements and contracts entered into by the City. Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and propose appropriate action(s) to assure compliance. Routine legal work pertaining to land use issues pertaining to property acquisitions, property disposals, public improvements and easements.
Attend staff meetings at the request of the City Manager and provide designated office hours or times of availability at City Hall as requested by the City. Promptly respond to calls, e-mails, and correspondence from City Council, City Manager and staff. Review current documents, policies, and forms to ensure compliance to current laws. General inquiries and discussion without a need for substantive research or formal opinion letters.
Provide up-to-date information on water law, utilities, rates and distribution issues.
SPECIAL LEGAL SERVICES:
Guidance on personnel, labor relations and employment matters and related hearings, including PERB hearings, arbitrations, fact-finding hearings, disciplinary hearings and grievances hearings. All litigation matters.
Successor agency matters.
Bond counsel and specialized finance or tax services. Enforce City codes, zoning regulations, and building standards through administrative and judicial actions. Commence and prosecute criminal actions necessary to enforce municipal ordinances. Coordinate and monitor the work of special legal counsel as needed and directed by the City Council or City Manager.
Complex land use, land acquisition, CEQA and environmental matters. Water law matters, including rates, distribution, environmental and procedural issues. Major contract negotiations.
Other matters requiring special expertise and mutually agreed upon with the City.
LozanoSmith.com California’s Premier Public Agency Law Firm 24 Section 6 – Exceptions to Agreement
Lozano Smith has no exceptions to the sample agreement.
Labor & Employment
Municipal
Governance
J.D., San Luis Obispo College of Law
B.S., San José State University
California
Robert A. Lomeli
Associate
San Luis Obispo Office
[email protected]
805.471.7080
Overview
Robert A. Lomeli is an Associate in Lozano Smith’s San Luis Obispo Office. Mr. Lomeli primarily serves municipal clients with a focus on public meetings and governance, contracts, investigations and labor negotiations, and works tirelessly to obtain advantageous outcomes for his clients.
Experience
Mr. Lomeli is experienced in labor negotiations, and has led collective bargaining for clients, including drafting and revising contracts, working to reach tentative agreements, negotiating amendments to grievance/employee discipline procedures, and working with analysts to determine costing for proposed bargaining requests. He has also worked in family law and estate planning, where he worked diligently to analyze case merits, minimize risk, propel positive resolutions to complex legal matters, and obtain successful rulings and judgments in both evidentiary and motion hearings. Mr. Lomeli has prior experience in public entity negotiations, police investigations, and working with Sheriffs’ offices, and utilizes that valuable experience to benefit his clients in all areas.
Community Involvement
Mr. Lomeli has served as an adjunct professor at the Monterey College of Law – San Luis Obispo Branch for the past four years.
Education
Mr. Lomeli earned his Juris Doctor degree from San Luis Obispo College of Law. He received a Bachelor of Science in Business Administration from San José State University.
Labor & Employment
Facilities & Business
Governance
Municipal
Investigative Services
J.D., San Joaquin College of Law
B.A., California State University, Fresno
California
Mary F. Lerner
Partner
Fresno & Monterey Offices
[email protected]
559.431.5600
Overview
Mary F. Lerner is a Partner in Lozano Smith’s Fresno and Monterey offices and serves as co-chair of the firm’s Municipal Practice Group. Ms. Lerner is also a member of the firm’s Facilities and Business, Governance, and Labor and Employment Practice Groups. Ms. Lerner advises clients regarding a wide-range of issues affecting public agencies.
Experience
Ms. Lerner’s practice is focused on personnel matters, finances, development, CEQA, LAFCO, the Brown Act, board governance, sustainable groundwater agencies, elections, code enforcement, First Amendment issues, labor negotiations, and public safety. Ms. Lerner is general counsel for public agency clients throughout California. In addition, she assists clients in defense of issues related to the Americans with Disabilities Act.
Education
Ms. Lerner obtained her Juris Doctor degree from the San Joaquin College of Law. She graduated from California State University, Fresno with a Bachelor of Science degree in Political Science.
Community Involvement
Ms. Lerner is an adjunct professor at the University of Phoenix, where she teaches Business Law (undergraduate and graduate levels) and Ethical Legal Topics (undergraduate level), as well as serving as a mentor to new faculty.
She was selected as a recipient of the Phoenix500 Award, recognizing top faculty from across the country who go above and beyond engaging and supporting students and fostering their learning. Ms. Lerner also partners with the Fresno County Bar Association on various civic engagement opportunities, including the Speaker's Bureau, where she works on projects with local high school students.
Facilities & Business
Municipal
Governance
J.D., San Luis Obispo College of Law
M.L.S., San Luis Obispo College of Law
B.S., California Polytechnic University, San Luis
Obispo
California
Jennifer P. Thompson
Senior Counsel
San Luis Obispo Office
[email protected]
805.471.7080
Overview
Jennifer P. Thompson is Senior Counsel in Lozano Smith's San Luis Obispo office, and serves as general counsel for public agency clients. Her practice includes public agency finance, development, CEQA, LAFCO, the Brown Act, board governance, public utility issues, and code enforcement. She is an experienced government professional with years of experience managing city departments.
Experience
Ms. Thompson frequently assists clients with public agency procurement issues, including request for proposals and all types of contracts. She counsels her clients on all types of development matters including affordable housing issues and development agreements. In addition, she performs investigations on a wide variety of issues.
She also supports her clients by advising on board policies, City ordinances, and the California Voting Rights Act.
Ms. Thompson previously served as the Utilities Business Manager for the City of San Luis Obispo. In this position, she was responsible for coordinating and facilitating Utilities department strategic planning activities. Ms.
Thompson also supervised the daily operations and employees of the Revenue Division in the City of San Luis Obispo’s Finance Department. Ms. Thompson monitored changes in laws, regulations and technology that impacted departmental operations, and she developed changes to policies and procedures to ensure compliance with the law. She has experience with Proposition 218, SB1383 and SB998. Ms. Thompson regularly communicated with the City Council, managers, employees, and organized employee groups. She is experienced in financial planning and analysis, preparing ordinances, and monitoring Utilities financial sections of development agreements.
Education
Ms. Thompson earned her Juris Doctor and Master of Legal Studies degrees from the San Luis Obispo College of Law. She earned a B.S. in Economics from California Polytechnic University, San Luis Obispo.
Facilities & Business
Municipal
J.D., California Western School of Law
B.A., San Diego State University
California
Kevin F. Serrano
Associate
Monterey Office
[email protected]
831.646.1501
Overview
Kevin F. Serrano is an Associate in Lozano Smith’s Monterey office. He serves public agencies through legal representation in a wide variety of facilities and business issues.
Experience
Mr. Serrano has extensive experience in civil litigation and public service. He is highly skilled in overseeing all facets of case management, compiling detailed reports, documentation, interviews, and briefs to ensure effective strategic planning and presentation. He also has a proven ability in communicating with clients to provide insight on legal proceedings, options, and next steps, facilitating achievement of favorable outcomes within legal limitations.
Mr. Serrano has managed catastrophic personal medical malpractice cases and evaluated findings to develop strategies and arguments for presentation of cases. He is experienced with gathering evidence and conducting interviews to outline case details and formulating defense of initiating legal actions. He has valued claims and negotiated settlements to foster positive case outcome and identified and communicated exit strategies to clients.
He also provided guidance and recommendations to clients, carriers, and insured individuals.
Education
Mr. Serrano earned his Juris Doctor degree from California Western School of Law. During law school, he was a member of Pro Bono Honors and Public Service Honors Society, and was Chairman of the Board of Representatives for the Student Bar Association. He also served as President, Co-President and Vice President of the Business Law Society. Mr. Serrano earned his Bachelor’s degree in Communication, from San Diego State University.
PROFESSIONAL RATE SCHEDULE
FOR CITY OF GROVER BEACH
1. HOURLY PROFESSIONAL RATES
Client agrees to pay Attorney by the following standard hourly rate*:
Partner** 1
/ Senior Counsel / Of Counsel
Associate
Paralegal / Law Clerk
Consultant
$ 295 - $ 395 per hour
$ 250 - $ 295 per hour
$ 185 - $ 225 per hour
$ 350 - $ 395 per hour
* Rates for individual attorneys within each category above vary based upon years of experience. Specific rates for each attorney are available upon request. ** Rates for work performed by Senior Partners with 20 years of experience or more may range from $395 - $450 per hour. 1
2. BILLING PRACTICE
Lozano Smith will provide a monthly, itemized Statement for services rendered. Time billed is broken into 1/10 (.10) hour increments, allowing for maximum efficiency in the use of attorney time. Invoices will clearly indicate the department or individuals for whom services were rendered.
Written responses to audit letter inquiries will be charged to Client on an hourly basis, with the minimum charge for such responses equaling .5 hours. Travel time shall be prorated if the assigned attorney travels for two or more clients on the same trip.
3. COSTS AND EXPENSES
In-office copying/electronic communication printing
Facsimile
Postage
Mileage
$ 0.25 per page
$ 0.25 per page
Actual Usage
IRS Standard Rate
Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis.
1 Sale or Lease of Real Property Work:
Partner / Senior Counsel / Of Counsel $ 450 per hour
Associate $ 375 per hour
Paralegal / Law Clerk $ 225 per hour
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: Resolution to Approve Appointments to the Citizens Oversight Committee for City Revenue Measures
RECOMMENDATION
Adopt the Resolution to confirm and approve Mayor Bright’s recommendations to Appoint Anne Holden and Jeff Lee to four-year terms on the Citizens Oversight Committee for City Revenue Measures scheduled to expire on January 8, 2028.
BACKGROUND
There are two (2) vacancies on the Citizens Oversight Committee for City Revenue Measures due to the expiration of the four-year term of office for the seat held by Anne Holden that expired on January 4, 2024 and the previous resignation of Paula Tripp. Consistent with State law, staff advertised the Citizens Oversight Committee for City Revenue Measures vacancies with press releases, notices on the City website, government cable access Channel 20, and posted notices on the bulletin board located at City Hall.
Committee Member Holden has re-applied to serve on the Committee. Jeff Lee submitted an application to be on the Committee and Mayor Bright recommends Council approve the reappointment of Anne Holden to a four-year term of office scheduled to expire on January 8, 2028 and to also appoint Jeff Lee to a four-year term scheduled to expire on January 8, 2028.
Committee Members Holden and Lee will begin serving their new terms at the next scheduled Citizens Oversight Committee for City Revenue Measures meeting on January 10, 2024.
FISCAL IMPACT
There is no anticipated fiscal impact from the recommended action.
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Adopt the Resolution confirming the appointments; or
2. Provide alternative direction to staff.
Staff Report: Appointment to the Citizens Oversight Committee for City Revenue Measures Page 2 January 8, 2024
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. A copy of this staff report and the meeting agenda were provided to the applicants.
Attachments
1. Resolution No. 24-__
2. Applications – redacted (an un-redacted copy is available in the City Clerk’s Office) Attachment 1
RESOLUTION NO. 24- __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, APPOINTING ANNE HOLDEN AND JEFF LEE TO SERVE ON
THE CITIZENS OVERSIGHT COMMITTEE FOR CITY REVENUE MEASURES WHEREAS, the Citizens Oversight Committee for City Revenue Measures is a body of five lay citizens; and
WHEREAS, two (2) vacancies currently exist on the Commission due to the scheduled expiration of remaining four-year Committee terms of office held by Committee Member Anne Holden and the prior resignation of Committee Member Paula Tripp who were appointed on January 4, 2020.
WHEREAS, the City actively solicited potential candidates to serve on the Citizens Oversight Committee for City Revenue Measures; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby appoints Anne Holden and Jeff Lee to serve on the Citizens Oversight Committee for City Revenue Measures for a four-year term of office, scheduled to expire on January 8, 2028.
On motion by , second by , and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California this 8th day of January 2024. ** D R A F T **
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Attachment 2
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Karla Mattocks, Human Resources Officer
SUBJECT: Amendment to the City’s Labor Negotiations Team
RECOMMENDATION
Approve amendment to the City’s labor negotiations team.
BACKGROUND
Government Code Section 54957.6 requires that the City Council appoint the members of the City’s negotiating team for labor negotiations with represented employee groups in an open and public meeting. Given the recent hiring of new Administrative Services Director Nick Szamet and Finance Manager Lorena Zarate, staff is recommending updating the negotiating team with Mr.
Szamet and Ms. Zarate and removing the names of the former individuals in these positions (see Attachment 1 - Resolution). The team will be comprised of the following individuals:
Special Counsel Che Johnson
Admin. Services Director Nick Szamet
Finance Manager Lorena Zarate
Human Resources Officer Karla Mattocks
FISCAL IMPACT
There is no expected fiscal impact from this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve amendment to the City’s labor negotiations team; or
2. Provide staff with additional direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution 24-__ Amending the City’s Labor Negotiations Team Attachment 1
RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH, CALIFORNIA AMENDING THE CITY’S NEGOTIATING TEAM FOR
NEGOTIATIONS WITH REPRESENTED EMPLOYEE GROUPS
WHEREAS, the City has the authority and responsibility to negotiate terms and conditions of employment for all represented employees of the City; and WHEREAS, in accordance with Gov. Code Section 54957.6, negotiating team must be appointed by the City Council for that purpose; and
WHEREAS, the City Council desires to change the composition of the existing team and appoint the new set of negotiators in compliance with applicable laws.
NOW, THEREFORE, BE IT RESOLVED that the following persons are the members of the City Labor Negotiating Team:
Special Counsel Che Johnson
Admin. Services Director Nick Szamet
Finance Manager Lorena Zarate
Human Resources Officer Karla Mattocks
On motion by _________, second by ________, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a Regular meeting of the City Council of the City of Grover Beach, California this 8th day of January, 2024.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Karla Mattocks, Human Resources Officer
SUBJECT: Authorize an “Over-hire” for the Police Department and Resolution to adjust the Compensation and Classification Plan for the position of Police Chief.
RECOMMENDATION
Authorize the City Manager to approve an “over-hire” for the Police Department and adopt the Resolution to adjust the Compensation and Classification Plan for the position of Police Chief.
BACKGROUND
Police Department Staffing and Need for an “Over-hire”
The Police Department often has positions that are filled by employees who are not able to work due to injury leave, family leave, or to accommodate training requirements. This means that, sometimes, even when fully staffed for their budgeted staffing allocation, the department has trouble staffing its shifts. Currently, multiple police officers are either on injury leave, are planning family leave or are scheduled to be in training throughout the year. To ensure proper staffing and avoid overtime costs, the department is requesting that the Council authorize the City Manager to approve an “over-hire” of one police officer in excess of their allocated positions.
This will not add a position to the department’s budget and, therefore, there will be no additional cost to the General Fund. The cost of the additional police officer will be covered by the department’s existing salary savings from prior vacancies. Once a budgeted position opens, the “over-hire” will occupy that allocation. Staff recommends the Council authorize the City Manager to approve this process if and when there is a need and the department verifies that they have sufficient salary savings to cover the cost of the “over-hire” through the next budget cycle.
Police Chief Compensation
A thorough examination of the current market conditions reveal that neighboring cities have recently implemented significant cost of living adjustments and specific targeted equity adjustments which have placed the City of Grover Beach Police Chief well below the median salary level of comparable cities in San Luis Obispo County. To continue to remain competitive and attract and retain top talent, it is important that we align our compensation with industry standards. Moreover, the salary increases previously implemented for the role of Police Commander have led to salary compression in comparison to the Police Chief position.
When the salary differential between a police commander and a police chief is marginal, there will be limited financial motivation for a commander to undertake the added responsibilities and challenges associated with the role of police chief. This situation could significantly impede succession planning and future recruitment efforts.
Staff Report: Police Staffing Request and Chief Compensation Plan Adjustment Page 2 January 8, 2024
Staff recommends the Council adopt a Resolution to approve an equity adjustment to the compensation of the job classification of Police Chief. Given significant deviations from comparable cities, ongoing difficulties in recruiting for public safety positions, and an impending recruitment in the position due to an upcoming retirement, staff has determined that an equity adjustment of 6.34% is necessary to bring this position to the median level. This will allow the City of Grover Beach to remain competitive in recruiting and retaining well-qualified employees. The recommended increase is based on median salary as follows:
County Cities GB Actual Diff County
Median Salary $ 212,592.00 $ 199,908.00 6.34%
The City of Grover Beach’s salary schedule will be adjusted effective January 9, 2024, to bring the position to the market median. Current and proposed salary schedule as follows:
FISCAL IMPACT
The cost of the over-hire of an additional police officer will be covered by the department’s existing salary savings from prior vacancies.
The fiscal impact for the increase in compensation and benefits for the Police Chief is approximately $8,200 for the remainder of FY 2023-24 and approximately $17,000 for FY 2024-
25. The cost increase for the current fiscal year will be absorbed into the Police Department’s operating budget. Future costs will be incorporated into the department’s operating budget.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Authorize the City Manager to approve an “over-hire” for the Police Department and adopt the Resolution to adjust the Compensation and Classification Plan for the position of Police Chief; or
2. Provide alternate direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Current Salary Schedule
Section 1 - Executive Management MIN MAX
Police Chief * 13,053 13,706 14,391 15,110 15,866 16,659 Proposed Salary Schedule
Section 1 - Executive Management MIN MAX
Police Chief * 13,881 14,575 15,304 16,069 16,872 17,716 Staff Report: Police Staffing Request and Chief Compensation Plan Adjustment Page 3 January 8, 2024
Attachments
1. Resolution No. 24-__ Adjusting the Compensation and Classification Plan for the position of Police Chief.
Exhibit A – Salary Schedule Police Chief
Attachment 1
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, TO ADOPT THE RESOLUTION TO ADJUST THE
COMPENSATION AND CLASSIFICATION PLAN FOR THE POSITION OF POLICE CHIEF.
WHEREAS, the representatives of the City propose to adopt the Resolution to adjust the Compensation and Classification Plan for the position of Police Chief (Exhibit A).
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 actions .
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 8th day of January, 2024.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
**DRAFT**
Exhibit A
City of Grover Beach
STAFFING DETAIL & SALARY SCHEDULE
Police Chief
Compensation Plan - Monthly Salary
Ranges
Proposed Salary Schedule – Effective January 9, 2024
Section 1 - Executive
Management MIN MAX
Police Chief * 13,881 14,575 15,304 16,069 16,872 17,716 Agenda Item No. 8
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Karla Mattocks, Human Resources Officer
SUBJECT: Resolution to Appoint City Treasurer and Authorize the List of City Officials to Order Deposits and Withdrawals from the Local Agency Investment Fund
RECOMMENDATION
Adopt the Resolution to appoint Administrative Services Director Nick Szamet as the new City Treasurer and Authorize the List of City Officials to Order Deposits and Withdrawals from the Local Agency Investment Fund
BACKGROUND
The Administrative Services Director is appointed as City Treasurer by Resolution of the City Council. The previous Administrative Services Director, Deanne Purcell, left the employment of the City on December 29, 2023, and Nick Szamet is now serving in this role. Council is asked to adopt a Resolution to appoint Mr. Szamet to serve as City Treasurer effective upon the filing of his official oath and bond pursuant to Grover Beach Municipal Code Section 2103.
The Local Agency Investment Fund (LAIF) requires an update to information when changes are made to City staff who are authorized to make deposits or withdrawals from the City account.
These changes must be made by Resolution and must list the individual and their position with the City. The City has hired Nick Szamet as the new Administrative Services Director with the retirement of Deanne Purcell.
Currently the City officers authorized to order changes are:
Matthew Bronson, City Manager
Deanne Purcell, Administrative Services Director/City Treasurer Wendi Sims, City Clerk/Executive Assistant
Staff is recommending the following City officers be authorized to order the deposits and withdrawals from LAIF:
Matthew Bronson, City Manager
Nick Szamet, Administrative Services Director/City Treasurer Lorena Zarate, Finance Manager
Wendi Sims, City Clerk/Executive Assistant
Staff Report: Appointment of City Treasurer/Authorize LAIF Page 2 January 8, 2024
ALTERNATIVES
The Council has the following alternatives to consider:
1) Adopt the Resolution appointing Nick Szamet as the new City Treasurer and authorizing certain City Officials to Order Deposits and Withdrawals from the Local Agency Investment Fund (LAIF); or
2) Provide staff with alternative direction.
FISCAL IMPACT
There is no expected fiscal impact from this action.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution No. 24-__
Attachment 1
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER
BEACH CALIFORNIA APPOINTING NICK SZAMET AS CITY TREASURER
AND AUTHORIZING THE LIST OF CITY OFFICIALS TO ORDER DEPOSITS
AND WITHDRAWALS FROM THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, the Administrative Services Director/City Treasurer Deanne Purcell left City employment on December 29, 2023; and
WHEREAS, Nick Szamet assumed the role of Administrative Services Director upon Deanne Purcell’s departure;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grover Beach that Nick Szamet be and is hereby appointed City Treasurer to serve at the pleasure of the City Council, and that Mr. Szamet and Lorena Zarate be added to the list of City Officials authorized to order deposits and withdrawals from the Local Agency Investment Fund (LAIF) effective upon the filing of their official oath and bond pursuant to Grover Beach Municipal Code Section 2103.
Currently the City officers authorized to order changes are:
Matthew Bronson, City Manager
Deanne Purcell, Administrative Services Director/City Treasurer Wendi Sims, City Clerk/Executive Assistant
Staff is recommending the following City officers be authorized to order the deposits and withdrawals from LAIF:
Matthew Bronson, City Manager
Nick Szamet, Administrative Services Director/City Treasurer Lorena Zarate, Finance Manager
Wendi Sims, City Clerk/Executive Assistant
On motion by _________, second by ________, and on the following roll-call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of the City of Grover Beach, California this 8th day of January, 2024.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Agenda Item No. 9
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: Appointment of an Alternate Board Member to Serve on the Central Coast Community Energy Policy Board for 2023-2025
RECOMMENDATION
Appoint a Council Member to serve as the alternate representative on the Central Coast Community Energy (CCCE) Policy Board for a two-year term beginning on December 1, 2023, and ending November 30, 2025.
BACKGROUND
On May 20, 2019, the City Council adopted Resolution 19-15 requesting membership in the Monterey Bay Community Power (MBCP) joint powers authority. On June 3, 2019 the Council adopted Ordinance 19-03 authorizing the implementation of a community choice aggregation program through participation in MBCP. In November 2019, a Memorandum of Understanding (MOU) between the cities of Arroyo Grande, Grover Beach, and Pismo Beach regarding participation in Monterey Bay Community Power (MBCP) was fully executed and implemented.
In September 2020, MBCP rebranded and changed its name to Central Coast Community Energy (CCCE). The MOU lays out a foundation for how the cities will share seats on governing boards of the JPA as follows:
• The Policy Board is comprised of elected officials and meets quarterly to decide high level policy decisions.
• The Operations Board is comprised of City Managers or their designees and meets approximately eight times per year to decide finer-detailed operational decisions. • The Community Advisory Council is comprised of community members and serves in an advisory role to the Policy Board and Operations Board.
The Cities of Grover Beach, Pismo Beach, and Arroyo Grande share a seat on the CCCE Policy and Operations Boards. Terms are two years. Pismo Beach has been serving as the primary representative on the Operations and Policy Boards, with Arroyo Grande serving as the alternate.
The current term on these two Boards expired on November 30, 2023. Per the MOU, Arroyo Grande is next in line to serve as the primary representative on the Operations and Policy Boards and Grover Beach is next in line to serve as an alternate on the Boards. The two-year term will begin December 1, 2023, and end November 30, 2025.
Staff Report: Central Coast Community Energy Alternative Policy Board Appointments Page 2 January 8, 2024
FISCAL IMPACT
There are no funding impacts to this staff report.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Appoint a council member to serve as the Alternate representative on the CCCE Policy Board; or
2. Provide alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution 19-15
2. Ordinance 19-03
3. CCCE Memorandum of Understanding date 11/2019
RESOLUTION N0.19-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, REQUESTING MEMBERSHIP IN THE MONTEREY BAY
COMMUNITY POWER JOINT POWERS AUTHORITY (MBCPA) AND
AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE JOINT
POWERS AUTHORITY AGREEMENT AS AMENDED WITH MBCPA
WHEREAS, AB 117, adopted as California state law in 2002, permits cities, counties, or Joint Power Authorities comprised of cities and counties to aggregate residential, commercial, industrial, municipal and institutional electric loads through Community Choice Aggregation (CCA); and WHEREAS, pursuant to Section 366.2 of the Public Utilities Code, two or more entities authorized to be a community choice aggregator may participate as a group in a Community Choice Aggregation program through a joint powers agency established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, if each entity adopts the aforementioned ordinance; and
WHEREAS, in March 2017, MBCPA was established as a joint powers agency pursuant to a joint powers agreement; and
WHEREAS, the purpose of MBCPA is to address climate change by providing locally controlled carbon-free electricity at affordable rates; and
WHEREAS, the City Council supports the mission of MBCPA and its intent to promote the development and use of a wide range of carbon free and renewable energy sources and energy efficiency programs, including solar and wind energy production at competitive rates for customers; and WHEREAS, in order for the City of Grover Beach (City) to become a member of MBCPA, the MBCPA Joint Powers Agreement (JPA) must be amended to permit the City join as a party; and WHEREAS, MBCPA also has requested the City adopt a resolution requesting membership in MBCPA and authorizing its Mayor or City Manager to execute the JPA as amended, as well as an ordinance authorizing Community Choice Aggregation (CCA) within its jurisdiction; and WHEREAS, the City wishes to be a community choice aggregator pursuant to the JPA and has introduced the Ordinance required by Public Utilities Code Section 366.2 in order to do so; and WHEREAS, under Public Utilities Code section 366.2, customers have the right to opt- out of the CCE program and continue to receive service from the incumbent utility.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Grover Beach:
SECTION 1. The City Council of requests the Board of Directors of MBCPA approve the City as a member of MBCPA.
Attachment 1
Resolution No. 19-15 Page 2
SECTION 2. The Mayor or City Manager is hereby authorized and directed to execute the JPA on behalf of the City after the JPA is amended, which will establish the City's membership in MBCPA.
SECTION 3. This Resolution and the subsequent joining of MBCPA is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a "project" since this action involves organizational and administrative activities of government that will not result in direct or indirect physical changes in the environment. (14 Cal.
Code Regs.§ 15378(b)(5).)Further, the ordinance is exempt from CEQA as there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061 (b)(3)). A Notice of Exemption shall be filed as authorized by CEQA and the State CEQA guidelines.
SECTION 4. This resolution shall be effective immediately upon passage and adoption.
Upon motion by Mayor Pro Tern Shah, second by Council Member Bright, and on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members - Bright, Lance, Nicolls, Mayor Pro Tern Shah and Mayor Lee
Council Members - None
Council Members - None
Council Members - None
The foregoing RESOLUTION NO. 19-15 was PASSED, APPROVED, and ADOPTED at a Meeting of the City Council of the City of Grover Beach, California this 20th day of May, 2019. \ \ \.' : ' . \. ... '-'. •' '- . ' ....... \,,...
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Attachment 2
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF ARROYO GRANDE, CITY OF GROVER BEACH, AND
CITY OF PISMO BEACH REGARDING PARTICIPATION
WITH MONTEREY BAY COMMUNITY POWER
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the City of Arroyo Grande, a California municipal corporation, hereinafter referred to as ARROYO GRANDE, the City of Grover Beach, a California municipal corporation, hereinafter referred to as GROVER BEACH, and the City of Pismo Beach, a California municipal corporation, hereinafter referred to as PISMO BEACH (ARROYO GRANDE, GROVER BEACH, AND PISMO BEACH hereinafter individually referred to as "party" and hereinafter collectively referred to as the "parties.").
A. INTRODUCTION
(In Spring 2019, ARROYO GRANQE,., GROVER .BEACH, AND,,PISMO, BEA'.CH . .pursued community choice energy programs for the purpose of providing choice in the electricity market, reducing greenhouse gas emissions, proving potential rate savings, supporting energy efficiency, promoting regional collaboration, and contributing to economic development. The three cities pursued participating in a community choice energy program by joining Monterey Bay Community Power (MBCP). In June 2019, ARROYO GRANDE, GROVER BEACH, AND PISMO BEACH took action to become official members ofMBCP.
As outlined in the MBCP Joint Powers Agreement, the agency is governed by two decision making bodies and one advisory body:
• The Policy Board is comprised of elected officials and meets quarterly to decide high level policy decisions.
• The Operations Board is comprised of City Managers or their designees and meets approximately eight times per year to decide finer detailed operational decisions. • The Community-Advisory Council is comprised of community members and serves in an advisory role to the Policy Board and Operations Board.
MBCP is a large agency and to ensure manageable meetings, smaller jurisdictions share seats on the Policy Board and Operations Board. Jurisdictions with 50,000 or more residents have pennanent seats, while smaller jurisdictions share seats based on geographic proximity. Since ARROYO GRANDE, GROVER BEAG.,H, AND PIS?yiO BEACH are smaller than 50,000 each, the three cities will share a Policy Board s::,."lti. • ,. """ ¥ and Operations Board seat. Additionally, MBCP has communicated that the three cities may select one Community Advisory Council member.
B.PURPOSE
The purpose of this Memorandum of Understanding is to identify a clear framework between ARROYO GRANDE, GROVER BEACH, AND PISMO BEACH to share governance seats on Monterey Bay Community Power's Policy Board, Operations Board, and Community Advisory Council. It should also be noted that community collaboration and regionalism was a key value of the effort to create a local community choice energy program. This Memorandum of Understanding seeks to encourage further regional collaboration.
C. SHARED SEATS
I . Policy Board - The Policy Board representative shall serve for a term of two years and shall alternate between cities. GROVER BEACH shall provide the initial representative and will serve from
Agenda Item No. 10
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson City Manager
PREPARED BY: Erin Wiggin, CIP Manager
SUBJECT: West Grand Avenue Streetscape Project (CIP 2287) Update
RECOMMENDATION
Receive information on the West Grand Avenue Streetscape Project (Project) (CIP 2287), confirm the allocation of additional City funds, and provide direction to staff to readvertise the 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 and West Grand Avenue Master Plan. Previous enhancements to West Grand Avenue included work from Highway 1 west to the beachfront area, 2nd to 4th Street and 8th to 11th Street. This project is on Grand Ave. from 4th-8th Street (Attachment 1).
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 2022, 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. The grant funding was later 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. The project 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
The streetscape project is intended to create a sense of place and an enticement for residents to live, shop and stay within their community along with also attracting 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 mixed-use housing developments at 402 West Grand Avenue and 401 West Grand Avenue that include nearly 100 new housing units and groundlevel retail space. Construction has started at 402 West Grand Avenue while 401 West Grand Staff Report: West Grand Avenue Streetscape (CIP 2287) Page 2 January 8, 2024
Avenue was recently submitted as a development application.
Staff solicited bids for the project on August 17, 2023. Bids were due on September 28, 2023.
The City received one bid from Papich Construction for $5,938,675 million (including bid additives). When budgeting for a construction contingency of 20% and consulting construction management services, the total project cost was nearly $7.6 million, compared to the $4.2 million budgeted for the project. This left a $3.4 million funding gap for the project.
Staff 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 twelve to twenty-four months which has impacted prices across the construction industry. Staff reached out to other agencies with recent bid openings and confirmed these increases are industry-wide and do not show signs of reversing but rather plateauing. Another factor is that contractors on the central coast were overstretched due to storm clean-up work from the winter of 2023. Staff recommended reopening the project for bidding, aiming to secure multiple bids and based on this information, the Council approved rejecting the bid at the October 10, 2023 City Council meeting.
Staff has performed a thorough design review to consider potential l scope reductions, however given the high-profile nature of this of this project and the need for all these improvements in the Project, none of these scope reductions seemed appropriate. It would have been challenging to delay one or more of the scope items due to various reasons, such as logistical constraints, interdependencies among the different components, and the complexity of the project. As part of this design review, staff are now recommending constructing lithocrete surfaces at the enhanced crosswalks, and to include the intersection at Grand Avenue and N. 8th Street given the proximity to City Hall. This will carry the streetscape and crosswalk look from 2nd-4th street through 8th Street.
Staff has worked diligently to bridge the funding gap. One of these initiatives included making an appeal to SLOCOG for additional funding. At their December 4th meeting, SLOCOG confirmed their intent to award an additional $1.6M in funding for the project. They plan to award this at their meeting on January 10th. Staff also identified a balance of $1,860,000 of Local Transportation Funds (LTF) and is recommending allocating these funds to this project. These additional funds will fully fund this project if the next round of bids come in at or below the previous bids. If the Council approves the use of the LTF funds to this Project and authorizes the call for bids, staff will bid the project with the plan to start construction in April. Refer to the tables below for the funding sources for the construction costs of the project.
Funding for Construction
Funding Source Amount
General Fund (FY22 & 23) $1,906,261
Gas Tax $100,000
LTF - Current Allocation $100,000
SB1 Fund $299,000
REAP Grant - Current Allocation
Community Betterment $1,800,000
CURRENT TOTAL FUNDING $4,205,261
Staff Report: West Grand Avenue Streetscape (CIP 2287) Page 3 January 8, 2024
Additional Funding
Additional REAP Community Betterment $1,600,000
Additional LTF (City) $1,800,000
PROJECTED FUNDING $3,400,000
FISCAL IMPACT
Based on the only bid the City received for the project, there is a funding gap of approximately $3.4 million. Staff has learned that SLOCOG plans to contribute an additional $1.6M to the project, and staff is recommending allocating $1,800,000 LTF funds to this project to close the funding gap.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive information on the West Grand Avenue Streetscape Project (CIP 2287), confirm the allocation of additional City funds, and provide direction to staff to readvertise the project; or
2. Provide staff with alternative direction
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. West Grand Streetscape Project (4th to 8th Street) Overall Site Plan. �
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FOR REFERENCE ONLY
City of Grover Beach
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PUBLIC IMPROVEMENT PLANS � GRAND A\'ENUE STREETSCAPC PRO..ECT 4TH STREET TO 9TH STREET
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-3 Of 41
Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, CIP Manager
Steve Kahn, Interim Public Works Director/City Engineer SUBJECT: Ramona Garden Park (CIP 1259) Update
RECOMMENDATION
Receive an update on the Ramona Garden Park Rehabilitation Project (CIP 1259) Phases 3 and 4 and provide staff direction on the design.
BACKGROUND
Ramona Garden Park is an approximately two-acre multi-use facility bounded by 9th and 10th streets to the west and the east and Ramona Avenue and Brighton Avenue to the south and north. While the park is geographically connected to the downtown district, aspects of the current layout and features do not enhance this connection. In late 2019, the Council entered into a consulting services agreement with RRM Design Group (RRM) for development of the Ramona Garden Park Master Plan (Master Plan). The Council adopted the Master Plan on November 16, 2020. The Master Plan provides a high-level “road map” for the City to utilize in planning and constructing the park improvements. This Master Plan is divided into 4 phases, to assist in obtaining funding (Attachment 1).
To pursue funding opportunities to implement the improvements in the Master Plan, the City Council awarded the production of construction documents to the Wallace Group in May 2022.
As the design has progressed, Wallace has recommended minor changes including removing trees that conflict with the grading or proposed use of the space, installing pickleball courts in the location previously identified for an outdoor classroom and fitness equipment, and altering other elements depicted on the original Master Plan (See Attachment 2 for the revised Master Plan). In November 2022 the City Council and the Parks, Recreation, and Beautification Committee met at a joint workshop to review the overall revised Master Plan and review the details of Phase 1 and 2 construction documents. There was consensus by the Commission and Council that the revisions to the Master Plan were acceptable.
Phase 3 of the park design includes the park entrance, the main plaza, and the Veteran’s Memorial Plaza. The preliminary cost estimate for Phase 3 is approximately $1.7M. Staff is seeking Council’s input on the concepts for the park entrance, the main plaza, and the Veteran’s Memorial Plaza/entrance. The bid documents will be completed based on the selected concepts. These concepts were presented to the Parks, Recreation, and Beautification Commission (PRBC) on September 14, 2023 and they provided recommendations to the Council, discussed below.
Phase 4 of the original master plan included an outdoor classroom and reconstruction of the library parking lot. Through the interactive design process, this phase has been modified to Staff Report: Ramona Garden Park Design (CIP 1259) Page 2 January 8, 2024
construct pickleball courts rather than the outdoor classroom, which would help to further activate the park.
The following is additional information about these design elements. Staff would note that the draft five-year Capital Improvement Program (CIP) presented to the Council on March 27, 2023, recommends deferring funding for the start of construction of the park improvements until FY 2025-26 given other General Fund funding needs over the next two years. However, staff is pursuing a grant opportunity for Phases 1 and 2 which could accelerate this project.
Phase 3 - Park Entry: The park entry is off Ramona with a short wall at the entrance. The concept includes a themed mosaic wall that includes the name of the park similar to what is shown in Attachment 3. Two options were presented to the PRBC and the Commission recommended a hybrid version of both options, and suggested that the park entrance sign have a beach theme and include “Grover Beach.”
Phase 3 - Main Plaza: The overall rendering shows a circular plaza with an art piece in the center. Wallace Group has developed a concept with decorative concrete and a beach color scheme as shown in Attachment 4. The plaza includes Blue and Gray lithocrete and concrete with a sand finish, which is consistent with the PRBC recommendations.
Phase 3 - Art: The overall rendering includes an art piece in the center of plaza. With the understanding that the selection of artwork can be a subjective process, Wallace has coordinated with two artists that specialize in public art and the concepts are shown in Attachment 5:
1. The Stainless-Steel sculpture is about 8-10 feet high. The estimate for this piece is approximately $30,000.
2. The colorful sculpture shown is about 8’ tall and the estimate for this piece is approximately $50,000.
The PRBC has recommended proceeding with a more colorful piece like what is shown in Option 2. The Commission has also recommended hiring a local artist for this structure. As this will not be constructed for several years and funding has not been identified, staff is seeking input on high level concepts for the artwork but does not recommend including this information in the bid documents at this time. Wallace group will finalize the bid documents with the plaza and a pedestal design appropriate for an art piece that is 10 feet tall. It should be noted that large public art installations and public works projects require specific components that might be challenging to procure locally. These components include details for the structure to withstand the coastal elements such as UV degradation and corrosion, and Contractor requirements including licensing, registration with the California Department of Industrial Relations (DIR), and various insurance requirements.
Phase 3 - Veteran’s Memorial Plaza: The overall rendering shows the Veteran’s Memorial Plaza Entrance at 9th and Ramona Avenue. The concept shows a concrete etched wall, the flag poles, and a circular area with donor pavers as shown in Attachment 6 consistent with the PRBC recommendation.
Phase 4 - Library Parking Lot and Pickleball Courts: Phase 4 shows reconstruction of the library parking lot with pavers. This provides a more decorative lot and it could be considered for flexible use for events. As previously mentioned, the adopted master plan includes an outdoor classroom, but at the joint PRBC and City Council workshop it was recommended to proceed with pickleball courts to further activate the park. City Council should be aware of noise complaints from pickleball that have been challenging for other agencies. While the design will Staff Report: Ramona Garden Park Design (CIP 1259) Page 3 January 8, 2024
include some noise mitigation or reduction elements, these will not eliminate the noise. The PRBC has previously expressed interest in installing adult fitness equipment at a park in the City, and the Council could consider constructing adult fitness equipment here instead of pickleball. The costs are similar with $750,000 for Pickleball and $700,000 for adult fitness equipment. Staff is seeking Council input and direction to finalize the bid documents for the park.
FISCAL IMPACT
The construction estimate for Phase 3 is approximately $1.7 million. The estimate for Phase 4 with the pickleball court option is $750,000 and the cost for outdoor fitness equipment option is $700,000. These two phases are not currently included in the City’s five-year CIP (Capital Improvement Plan) since they would not be constructed until fiscal year 2029 or 2030.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive an update on the Ramona Garden Park Rehabilitation Project (CIP 1259) Phases 3 and 4 and provide direction to staff on the design; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Park Phasing Diagram
2. Revised Park Master Plan
3. Park Entry
4. Main Plaza
5. Public Art
6. Memorial Plaza
Attachment 1 Playground
Amphitheater Park Entry
Pickleball or
Adult Fitness
Attachment 2
Attachment 3
Attachment 4
Attachment 4
Agenda Item No. 12
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: January 8, 2024 FROM: Matthew Bronson City Manager
PREPARED BY: Gabriel Munoz-Morris, Senior Engineer
Nick Szamet, Administrative Services Director
SUBJECT: Sewer Upgrades Project (CIP 5002) Update
RECOMMENDATION
Receive information on the Sewer Upgrades Project (CIP 5002) and provide direction to staff to readvertise the project.
BACKGROUND
The City’s Sewer Master Plan was last updated in 2019 and identified deficiencies in the City’s existing sewer collection system. Some of the deficiencies identified require upgrades to meet the existing and future demands on the City’s sewer system. Staff prepared a multi-project plan to address the most critical deficiencies for existing and future flows which started with the upgrade of the segments in CIP 5002.
Originally, the project included upgrades to the following segments:
• Manhattan Avenue (from the west end to South 4th Street) • South 4th Street (from Manhattan Avenue to West Grand Avenue) • Rockaway Avenue (from South 4th Street to South 9th Street) • North 8th Street (from West Grand Avenue to Ramona Avenue) • Ramona Avenue (from North 8th Street to North 9th Street) • North 9th Street (from Ramona Avenue to Atlantic City Avenue) The project includes upsizing existing 8”, 10”, and 12” vitrified clay sewer mains to new 10”, 12”, and 18” HDPE sewer mains through a combination of pipe bursting and open-trench construction.
These upgrades provide the necessary capacity in the City’s sewer collection system to eliminate existing deficiencies and meet future demands.
In addition to the upsizing work identified above, staff also identified a potential sewer system extension during the project design phase that could be included in this project as a way of further extending available sewer lines to properties remaining on septic with no option to connect to City sewer. This extension included new 8” PVC sewer mains on Griffin Street (from Calvin Court to Highland Way) and Highland Way (from Griffin Street to approximately 949 Highland Way). This extension project would provide connection availability to seven properties that do not currently have City sewer available. Staff had this sewer extension included in the project scope to reduce construction costs of the sewer extension by having a contractor performing this work in conjunction with the larger sewer upgrade project.
Staff Report: Sewer Upgrades Project (CIP 5002) Re-Bid Page 2 January 8, 2024
Staff solicited bids for the project from the list of pre-qualified contractors on June 22, 2023. Bids were due on July 27, 2023. The original estimated cost for construction for this project was $2.9 million. The low bid received from Specialty Construction Inc. was $4.1 million. When budgeting for a construction contingency of 10% and construction management services, the estimated total project cost is $4.8 million which is significantly beyond the budget for this project. As a result, staff sought Council direction on August 28, 2023 to reject all bids, modify the project, and return to Council with an updated project for re-advertisement.
Project Modifications
Staff 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. Staff reached out to other agencies with recent bid openings and confirmed these increases are industry-wide and do not show signs of reversing. Staff discussed possible scope revisions internally and met with the design firm, MKN, to consider alternatives.
Ultimately, it was recommended that the sewer extension work on Griffin Street and Highland Way and the sewer upgrade work on Rockaway Avenue from South 4th Street to South 8th Street be removed from the project to reduce the project cost. The sewer extension work is not a critical deficiency at this time and can be pursued via a future project. Staff is also working with Regional Water Quality Control Board staff as part of the City’s pending sewer ordinance update to pursue grant funding for sewer extension projects in that area which could completely fund the construction of the sewer extension on Griffin Street and Highland Way. The upgrade work on Rockaway Avenue from 4th Street to 8th Street, while important, can also be removed from this project at this time and pursued during the next phase of sewer mainline upgrades. Delaying the upgrades on these four blocks would still allow the City to come back and perform this utility work ahead of the scheduled Measure K-14 project on Rockaway to avoid cutting into a newly paved street for utility upgrades.
The work on North 9th Street must be completed now ahead of Measure K-14 project 2295-17, which includes pavement rehabilitation on North 9th Street and is ready to begin construction in late Spring, 2024, to avoid delays in that paving project’s schedule. The work on Manhattan Avenue and South 4th Street is the most critical for the City’s entire sewer system as those lines carry sewer flows for the majority of the city and are the connection point to the South San Luis Obispo County Sanitation District sewer trunk main which leads to the District’s wastewater treatment plan in Oceano. Upsizing those lines now is critical to provide additional capacity in the City’s system to eliminate existing deficiencies and allow for additional developments to come online in the near future. The work on Rockaway Avenue from 4th Street to 8th Street can be delayed to the next phase of the City’s sewer upgrade project without any immediate impact to the City’s system as long as the segments on Manhattan Avenue and South 4th Street are upgraded now. The removal of the sewer extension work on Griffin Street and Highland Way and sewer upgrade work on Rockaway Avenue (4th Street to 8th Street) will reduce the project construction cost by approximately $1-1.2 million which will allow the City to move forward with the project.
The revised project scope includes upgrades to the following segments:
• Manhattan Avenue (from the west end to South 4th Street) • South 4th Street (from Manhattan Avenue to West Grand Avenue) • Rockaway Avenue (from South 8th Street to South 9th Street) Staff Report: Sewer Upgrades Project (CIP 5002) Re-Bid Page 3 January 8, 2024
• North 8th Street (from West Grand Avenue to Ramona Avenue) • Ramona Avenue (from North 8th Street to North 9th Street) • North 9th Street (from Ramona Avenue to Atlantic City Avenue) Financing
While looking at possible scope revisions for the project, staff met to discuss the most effective way to fund this project when it was re-advertised. The City adopted a new utility rate structure on December 11, 2023 which was based on a rate study performed by a consultant that included the option to finance this project. The estimated life of this project is 50 years and the reduced scope of the project is estimated to cost approximately $3.6 million, including construction cost, construction contingency, and construction management. Due to the longer estimated life and the significant cost of the project, the rate study includes funding to finance the total cost of the project, spreading the cost over time and minimizing the burden on the current rate payers.
Staff has been working with the City’s Municipal Advisor, Albert Peche, along with Renee Vancho of Piper Sandler, and Albert Reyes of Kutak LLP, who are the consultants who assisted in issuance of the City’s Series 2020 Water Bonds. These consultants (the “Financing Team”) are familiar with the current capital needs of the Sewer Enterprise. Factors considered included the amount needed, repayment term, the annual repayment amount, interest rate, and debt service coverage requirement.
After discussion and analysis with the City’s Financing Team, staff determined that a private placement sewer revenue bond funded by sewer rates is an appropriate tool for the Council’s consideration to complete the sewer improvements. The Series 2020 Water Bonds were also sold through a private placement and the Financing Team recommends that this structure and method of sale be used for the Sewer Project.
Staff will be returning to Council on January 22, 2024 to adopt an intent resolution and reimbursement resolution. The Intent Resolution will authorize Staff to begin planning for the issuance of sewer obligations and hire the Financing Team on a contingent basis where compensation is only from the sale of such obligations. The Reimbursement Resolution will allow for the reimbursement of sewer project “hard cost” expenditures prior to 60 days of the adoption of this resolution.
Legal documentation will be brought back to the Council on March 11, 2024 for approval. The list of banks who were invited to bid will be provided, as well as the results of the bids, and the recommended winning bidder, debt service, etc.
The following is a list of activities ending in the close of the bond issuance:
• January 8 Presentation to Council on Project.
• January 22 Adopt Intent and Reimbursement Resolutions. • March 7 Near final legal documents sent to City by authorized representatives. • March 11 City Council Meeting – approval of Issuance Resolution/legal documents. • March 12 Execution of Term Sheet by City and Placement Bank. • March 25 City Council Meeting – award construction contract (Public Works). • March 27 Pre-Closing – Final paperwork prepared and readied for bond issue. • March 28 Closing – Date of issuance for bond sale and proceeds.
Staff Report: Sewer Upgrades Project (CIP 5002) Re-Bid Page 4 January 8, 2024
FISCAL IMPACT
There is no fiscal impact of providing direction to readvertise the project at present. After bids are received for the modified project scope, staff will request authorization to award the project to the lowest bidder.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive information on the Sewer System Upgrades Project (CIP 5002) and provide direction to staff to readvertise the project; or
2. Provide staff with alternative direction
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Revised Project Area Map
CIP 5002 Sewer Upgrade Project – Revised Project Area Map Attachment 1