An employee may exchange vacation leave hours for cash. Upon request, the City shall buy back vacation leave hours accumulated in excess of sixty percent (60%) of the Employee’s maximum authorized accrual amount. The payment for these vacation leave hours shall be at one hundred percent (100%) of the employee’s regular hourly pay rate.
The employees request shall be in writing, and may be made once annually during the last two months of the calendar year. No employee may receive payment under the provisions of this section for more than eighty (80) hours of vacation leave in any one calendar year. a. In accordance with the IRS constructive receipt doctrine, in order to buy-back vacation leave, an employee must make a prior year irrevocable election. The election form will be provided by the City so that employees can make their election in November or December of the calendar year.
Holidays
The employee shall receive 14 paid holidays per year. Lincoln’s Birthday, shall be observed on the 2nd Monday in February if all other employee groups agree. Otherwise observance of Lincoln’s Birthday holiday shall be on the actual day of February 12th. With approval of this agreement, all employees in this group are being provided an additional half day on Christmas Eve and New Year’s Eve.
Sick Leave
The employee shall accrue 12 Sick Leave days per year. The Sick Leave Accrual limit is 2,000 hours. Sick Leave may be applied to a retiring employee’s CalPERS service credit within compliance of existing PERS policies and applicable laws. If the sick Leave is not applied toward the retirement credit, only 672 hours of accrued Sick Leave will be paid upon retirement, or when an employee with over 20 years of service leaves City employment.
Employees who have accumulated 672 hours of sick leave may request to be reimbursed in November of each year for ½ of any sick leave in excess of 672 hours up to a maximum of 48 hours. (i.e. 96 hours will be deducted from total sick accruals in exchange for 48 hours cashed out.) Retirement
The City belongs to the Public Employees Retirement System (CalPERS).
CalPERS Miscellaneous 2.5% at Age 55 with One-Year Final Compensation is provided for non-safety Executive Management employees, who qualify as “Classic Employee” under CalPERS. Miscellaneous employees shall pay the full portion of the employee’s retirement contribution under CalPERS.
Employees hired after January 1, 2013 fall under Public Employees’ Pension Reform Act, or “PEPRA”, CalPERS Miscellaneous 2% at age 62 retirement Plan with Three-Year Final Average Salary Compensation for Non-Safety Executive Management employees and shall pay the full portion of the employees’ retirement contribution under CalPERS.
CalPERS Local Safety 3% at Age 55 with One-Year Final Compensation is provide for Sworn Public Safety Executive Management employees, who qualify as a “Classic Employee” under CalPERS. Sworn Safety employees shall pay the full portion of the employee’s retirement contribution under CalPERS.
Employees hired after January 1, 2013 fall under Public Employees’ Pension Reform Act, or “PEPRA”, CalPERS Local Safety 2.7% at Age 57 Retirement plan with Three-Year Final Average Salary Compensation. Each Public Safety Executive Management employee shall pay the full employee portion of CalPERS.
All employees pay member contributions on a pre-tax basis (IRS 414(h)2). The City also is part of the Social Security System. Employees pay their share of Social security as a payroll deduction.
Group Insurance
City pays the employee’s portion of CalPERS medical. Vision, and dental insurance costs for plans provided by the city are paid by the employee. The City shall pay for group life insurance coverage ($100,000 policy for employee + 5,000 for eligible spouse and $2,000 per eligible child) for employees.
The City contributes towards dependent health insurance coverage for family members only in the following amounts:
Employee + 1 Dependent: $ 601.85
Employee + Full Family: $1,011.20
The City provides the benefits of the Public Employees Medical and Hospital Care Act (PEMHCA) to all eligible employees at a contribution level equivalent to the cost of the PERS Select PPO plan for medical coverage. Employee Only coverage will be paid at the PERS Select PPO rate.
The City’s payment amount will include the amount set forth in the CalPERS Health Care Resolution. If an employee elects to upgrade to a different plan, the employee will pay the difference (via payroll deduction) between the plan and the PERS Select PPO. The City will continue to contribute on a monthly basis up to the maximum of the amounts shown above toward the cost of dependent care coverage for health insurance.
Cafeteria Plan
In accordance with IRS Code Section 125, active employees participating in the City’s full flex cafeteria plan receive a monthly flex dollar allowance to purchase benefits. The allowance is listed above under group insurance.
The monthly flex dollar allowance may be used in accordance with the terms of the cafeteria plan to purchase benefits such as medical, dental, and vision insurance coverage, or any other benefits the City may offer from time to time, or may be converted to taxable income as listed below:
If an employee has group health, dental and vision insurance coverage through a spouse, dependent, or a former employer and provides proof of other coverage to the Human Resources Department, the employee may elect to waive the City’s health insurance coverage and elect to use flex dollars, equal to $500.00 per month which when elected is taxable income.
Employee Assistance Program
The City shall pay the Employee Assistance Program premium with a minimum of three clinical consultations per incident.
Deferred Compensation
The City will contribute up to $200 per month maximum for employees who participate in one of two existing deferred compensation plans, matched on a dollar-for-dollar basis.
Long-Term Disability
City paid premium.
Short-Term Disability
Employee paid California State Disability Insurance (SDI) as a payroll deduction.
Exhibit B
City of Grover Beach
STAFFING DETAIL & SALARY SCHEDULE
Executive Job Classifications
Executive Management MIN MAX
City Manager * 21,599
Police Chief * 14,436 15,158 15,916 16,711 17,547 18,424 Assistant City Manager * 13,354 14,022 14,723 15,459 16,232 17,043 Administrative Services Director * 12,240 12,852 13,495 14,169 14,878 15,622 Community Development Director * 12,180 12,789 13,428 14,100 14,805 15,545 Public Works Director/City Engineer * 12,180 12,789 13,428 14,100 14,805 15,545 City of Grover Beach
STAFFING DETAIL & SALARY SCHEDULE
Management and Confidential
Job Classifications
Management &
Confidential A B C D E F
Senior Engineer * 8,643 9,075 9,529 10,005 10,506 11,031 Capital Improvement Project Manager * 8,403 8,823 9,264 9,728 10,214 10,725 Human Resources Officer * 8,420 8,841 9,283 9,747 10,235 10,746 Finance Manager * 8,375 8,794 9,233 9,695 10,180 10,689 Public Works Superintendent * 8,124 8,530 8,957 9,405 9,875 10,369 Senior Planner * 8,108 8,513 8,939 9,386 9,855 10,348
City Clerk/Executive Assistant * 7,946 8,343 8,760 9,198 9,658 10,141 IT Specialist * 7,395 7,765 8,153 8,561 8,989 9,438
Associate Engineer * 7,282 7,646 8,028 8,430 8,851 9,294 Public Works Supervisor * 6,402 6,722 7,058 7,411 7,782 8,171 Community Services Supervisor * 6,308 6,623 6,955 7,302 7,667 8,051 Management Analyst * 6,104 6,409 6,730 7,066 7,419 7,790 Administrative Analyst (Confidential) 5,242 5,504 5,779 6,068 6,372 6,690 Accounting Specialist 5,398 5,668 5,951 6,249 6,561 6,889 Deputy City Clerk/Administrative
Specialist (Conf) 4,854 5,097 5,352 5,619 5,900 6,195
Agenda Item No. 11
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Karla Mattocks, Human Resources Officer
SUBJECT: Resolution to Amend the Grover Beach Police Management and Confidential Group Memorandum of Understanding for 2024-2027
RECOMMENDATION
Adopt the Resolution amending the Grover Beach Police Management and Confidential Group Memorandum of Understanding for a three-year term of 2024-2027; and authorize amendment of the Classification and Compensation Plan.
BACKGROUND
The Grover Beach Police Management and Confidential Group (GBPMCG) represents management employees within the Police Department. Compensation and benefits for this group is established through a Memorandum of Understanding (MOU) with the City. The current threeyear MOU, expired on June 30, 2024. In April 2024, the City Manager met with the GBPMCG employees to discuss compensation and benefits interests. The City Manager recommends the proposed three-year MOU for the period of August 5, 2024 through June 30, 2027 shown in Attachment 1.
The recommended MOU provide all GBPMCG members (sworn and non-sworn) with an annual cost of living salary adjustment of 4% on August 5, 2024, 3% on July 1, 2025, and 3% on July 1, 2026, as well as an increase to the City’s healthcare contribution to equal 100% of the lowestcost healthcare plan for the employee. These recommendations are equivalent to recommendations for Executive Management and Management and Confidential employees and Service Employees International Union employees in separate items on this agenda. In addition, the City’s matching contribution for deferred compensation will be increased to $200 per month for the Police Management and Confidential employees.
FISCAL IMPACT
This amended compensation and benefits structure is projected to cost $28,025 and are included in the FY 2024-25 budget.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Adopt the Resolution amending the Grover Beach Police Management and Confidential Group Memorandum of Understanding for a three-year term of 2024-2027; and authorize amendment of the Classification and Compensation Plan; or
2. Provide alternative direction to staff.
Staff Report: Grover Beach Police Management and Confidential Group MOU for 2024-2027 Page 2 July 22, 2024
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution Grover Beach Police Management and Confidential Group Compensation Exhibit A – GBPMCG Memorandum of Understanding 2024-2027 Exhibit B- GBPMCG Salary Schedule
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, RATIFYING A MEMORANDUM OF UNDERSTANDING WITH GROVER
BEACH POLICE MANAGEMENT AND CONFIDENTIAL EMPLOYEE GROUP FOR THE PERIOD AUGUST 5, 2024 THROUGH JUNE 30, 2027
WHEREAS, Section 37206 of the California Government Code requires the City Council to prescribe the time and method of paying salaries and wages of employees of the City; and WHEREAS, the City Manager, and/or designated City representative(s), have met and conferred in good faith with the Grover Beach Police Management and Confidential Employee Group relative to negotiations over a successor Memorandum of Understanding (MOU) and have tentatively agreed to the terms and conditions set forth in the attached MOU between the Grover Beach Police Management and Confidential Employee Group, from August 5, 2024 through June 30, 2027; and WHEREAS, the membership of Grover Beach Police Management and Confidential Employee Group ratified the tentative agreement set forth in Exhibits A and B; WHEREAS, the City Council has reviewed the terms and conditions set forththerein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach, California, does hereby:
1. Approves the MOU between the City of Grover Beach and the Grover Beach Police Management and Confidential Employee Group covering the period August 5, 2024 through June 30, 2027;
2. Authorizes the City Manager and/or the Mayor to execute said MOU, for and on behalf of the City of Grover Beach.
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 22nd day of July, 2024.
KAREN BRIGHT, MAYOR
Attest:
WENDI B. SIMS, CITY CLERK
Attachment 1
**DRAFT**
Exhibit A
Memorandum of
Understanding Between
Grover Beach Police Management and Confidential Employees Group
and
The City of Grover Beach
August 5, 2024 - June 30, 2027
2 INDEX
Articles Page
Article I. MEMORANDUM ............................................................................................................. 4 Section 1.01 Parties to Memorandum of Understanding ........................................................ 4 Section 1.02 Recognition............................................................................................................. 4 Section 1.03 Agency Personnel Rules....................................................................................... 4 Section 1.04 Effect of Agreement............................................................................................... 4 Article II. DEFINITIONS................................................................................................................. 4 Article III. MANAGEMENT RIGHTS ............................................................................................. 5 Article IV. EMPLOYMENT STATUS ............................................................................................... 6 Section 4.01 Probationary Period............................................................................................... 6 Section 4.02 Transfers ................................................................................................................. 7 Section 4.03 Layoff Procedure ...................................................................................................... 7 Section 4.04 Peaceful Performance of City Services............................................................... 7 Article V. PERSONNEL FILES ..................................................................................................... 8 Section 5.01 Maintenance of Files................................................................................................. 8 Section 5.02 Access to Personnel Files........................................................................................ 8 Article VI. CLASSIFICATIONS ..................................................................................................... 8 Section 6.01 New Classifications .................................................................................................. 8 Section 6.02 Higher Classification Work ...................................................................................... 8 Article VII. HOURS OF WORK ..................................................................................................... 9 Section 7.01 Work Schedules........................................................................................................ 9 Section 7.02 Overtime .................................................................................................................... 9 Section 7.03 Compensatory Time Administration......................................................................10 Article VIII. LEAVE TIMES Section 8.1 Vacation, Sick, Holiday, Administrative....................10 Article X. MEDICAL BENEFITS..................................................................................................12 Section 10.1 Group Insurance...................................................................................................12 Article XI. MANAGEMENT COMPENSATION AND INCENTIVES ..........................................13 Section 11.1 Education ..............................................................................................................13 Section 11.2 Longevity........................................................................Error! Bookmark not defined.
Section 11.3 Uniform Allowance ................................................................................................. 14 Section 11.4 PCD Allowance .......................................................................................................14 Section 11.5 Deferred Compensation .........................................................................................14 Section 11.6 Bilingual Incentive ...............................................................................................14 Section 11.7 Professional Memberships and Legal Defense ...............................................14 Section 11.8 Equitable Salary......................................................................................................15 Section 11.9 Salary Adjustments..............................................................................................15 3 Article XII. TERM OF MEMORANDUM OF UNDERSTANDING ..............................................15 Section 12.1 MOU Re-Opener Clause.......................................................................................15 Section 12.2 MOU Term................................................................................................................15 Article XIII. SIGNATURES.............................................................................................................16 Salary Schedule...................................................................................Error! Bookmark not defined. 4 Article I. MEMORANDUM
Section 1.01 Parties to Memorandum of Understanding
This Memorandum of Understanding (hereinafter known as M.O.U. or Agreement) is made and entered into by and between the City of Grover Beach (hereinafter known as the City) and the Grover Beach Police Management and Confidential Employees Group (hereinafter known as GBPMCEG).
Section 1.02 Recognition
The City hereby formally recognizes the Grover Beach Police Management and Confidential Employees Group as the Representative for those employees employed by the City and defined as:
Police Commander
Management Analyst/PD
Recognition is granted for the purpose of meeting and conferring on wages, hours, working conditions and general representation of employees defined within this section.
Section 1.03 Agency Personnel Rules
A. It is understood and agreed that there exists within the City, in written form, certain personnel rules, policies and practices generally contained in the "City of Grover Beach Personnel Rules and Regulations," and the "Grover Beach Police Department Policies" which will continue in effect, except for those provisions modified by this Agreement, unless and until modified in accordance with State laws, orders, regulations, official instructions or policies. This section shall conform within the scope of MMBA.
B. Except as provided herein, all wages, hours, and other terms and conditions of employment presently enjoyed by affected employees shall remain in full force and effect during the term of the Agreement, unless changed by mutual agreement. The City shall have the right to update and improve said personnel rules, polices, and practices that affect wages, hours and other terms and conditions of employment with the understanding that prior to such changes the City will meet and confer with authorized representatives of GBPMCEG.
Section 1.04 Effect of Agreement
A. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands with respect to any subject or matter not removed by law from the area of collective bargaining; and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
B. This Agreement supersedes all previous agreements, understandings, and prior practices related to matters included within this Agreement.
Article II. DEFINITIONS
A. Bargaining Unit - The term "bargaining unit" as used in this Agreement refers to the bargaining unit of the employees defined in Article 1, Recognition. 5 B. Calendar Year - The term "calendar year" as used in this Agreement refers to the period of twelve (12) consecutive months commencing on January 1st and ending on December 31st.
C. Day - The term "day" as used in this Agreement refers to a calendar day unless otherwise stated in this Agreement.
D. Emergency - The term "emergency" as used in this Agreement means a circumstance requiring immediate action; a sudden, unexpected happening; an unforeseen occurrence or condition.
E. Employee - The term "employee" as used in this Agreement refers to a full-time:
1. Regular Status Employee - The term "regular status employee" as used in this Agreement refers to an employee who has completed the probationary period.
2. Probationary Employee - The term "probationary employee" as used in this Agreement refers to an employee who has not completed his/her probationary period.
F. Immediate Family - The term "immediate family" as used in this Agreement refers to an employee's child, parent or spouse.
· G. Week - The term "week" as used in this Agreement refers to seven (7) consecutive days beginning on Monday and going through Sunday.
H. Personnel File -The term "personnel file" as used in this Agreement refers to any file maintained by the City or Department which contains personnel records concerning an employee.
I. Work Period - The term work period is defined as a scheduled 40 hours of work occurring during 7 consecutive days between Monday and Sunday during a designated City pay period.
Article III. MANAGEMENT RIGHTS
A. There are no provisions in the Memorandum of Understanding that shall be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this understanding unless and only to the extent that the provisions of this Memorandum of Understanding specifically curtail or limit such rights, powers and authority.
B. The rights of the City include, but are not limited to:
1. The exclusive right to determine the mission of its constituent departments, commissions, and boards.
2. Set standards of service.
3. Determine the procedure and standards of selection for employment and promotion.
4. Direct its employees.
6 5. Relieve its employees from duty because of lack of work, or for other legitimate reasons.
6. Maintain efficiency of government operations.
7. Determine the methods, means, and personnel by which government operations are to be conducted.
8. Determine the content of job classifications.
9. Take all necessary actions to carry out its mission in emergencies.
10. Exercise complete control and discretion over its organization and the technology of performing its work.
11. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause.
12. To establish reasonable employee performance standards, including, but not limited to, quality and quantity standards, and to require compliance therewith.
C.Pursuant to the above Subsection B, GBPMCEG acknowledges that the City may exercise such rights to modify the promotional examination procedures and standards for classifications included in this unit.
D. Where required by law, the City agrees, prior to implementation, to meet and confer with GBPMCEG over the impact of the exercise of a City right upon wages, hours, and other terms and conditions of employment of its members unless the impact consequences of the exercise of a management right upon GBPMCEG members is provided for in this Memorandum of Understanding, Personnel Rules and Regulations or Grover Beach Police Departmental Policies.
Article IV. EMPLOYMENT STATUS
Section 4.01 Probationary Period
A. OBJECTIVE
The probationary period is to be regarded as an integral part of the testing procedures and shall be utilized for closely observing the employee's work and his/her adjustment within the organization.
B. LENGTH
1. All initial-hire appointments for sworn position shall be tentative and subject to a probationary period of 12 months. All initial-hire non-sworn appointments and internally promoted or transferred appointments shall be tentative and subject to a probationary period of 12 months.
2. The Police Chief may extend an employee's probation by up to six months upon written notice delivered to the employee prior to the completion of his or her initial-hire or promotional probationary period.
7 C. REJECTION
1. During the probationary period, the Police Chief may terminate an initial-hire probationary employee without cause and without right of appeal.
2. During the probationary period, the Police Chief may reject a promotional probationary employee without cause and without right of appeal. An employee who is rejected while serving probationary period after promotion shall be returned to his/her former classification. The employee shall be returned to the same step he/she was on at the time of promotion. The anniversary date for step increases and evaluations shall revert to the prior to promotion evaluation period. Seniority in rank shall be based on the date employee was initially appointed to the position. Service and sworn dates for purposes of vacation accrual, longevity, and other service-related pay or benefits shall not change.
Section 4.02 Transfers
A. Transfer may be affected at any time by the City Manager upon the recommendations of the department heads concerned, or to meet the service needs of the department. All transfers must be within comparable classes, and no person shall be transferred to a position for which he/she does not possess the minimum qualifications. A transfer shall not be used to circumvent the regulations surrounding promotion, demotion, advancement or reduction.
Section 4.03 Layoff Procedure
A. The Layoff Procedure is as outlined in the City of Grover Beach Personnel Regulations as outlined in Section VIII -Layoff Procedure.
Section 4.04 Peaceful Performance of City Services
A. During the term of this Agreement, GBPMCEG, its officers, agents, representatives and/or members agree they will not cause, condone or participate in any strike, walkout, work stoppage, job action, slow down, speed up, sick-out, refusal or failure to faithfully perform assigned duties and responsibilities, withholding of services or other interference with City operations, including compliance with the request of other labor organizations within the City to engage in any or all of the preceding activities.
B. In the event of such activities, GBPMCEG shall immediately instruct any persons engaging in such conduct that they are violating this Agreement, and that they are engaging in unlawful conduct, and that they should immediately cease engaging in such conduct and resume full and faithful performance of their job duties.
C. In addition to any other lawful remedies for the disciplinary action available to the City, the City may, in addition to the above, invoke any and all remedies available to it under its EmployerEmployee relations section, the City Personnel Rules and Regulations and the Grover Beach Police Department Policy Manual.
8 Article V. PERSONNEL FILES
Section 5.01 Maintenance of Files
Personnel files shall be maintained at both the Human Resources Department and at the Police Department. All performance evaluations and disciplinary actions shall be maintained in both files.
Section 5.02 Access to Personnel Files
A. Employees, during normal working hours with reasonable notice and with their supervisor's approval, have the right to have access to and' copies of any document in their personnel file(s).
Employees may be charged for cost of additional duplication of any materials in any personnel file for which they request copies.
B. Any adverse comments retained in the personnel files will first be read and initialed by the employee before placement in the personnel file(s). An employee shall have the right to respond in writing or personal interview to any information contained in his/her personnel file. Such a reply will remain in the personnel file so long as the referenced document is in the file.
C. Documentation of a disciplinary action of 2 working day suspension or less shall, upon written request of the employee, be removed from an employee's personnel file(s) if 5 years has passed since the effective date of the action and there have been no further disciplinary actions of a similar nature during the 5-year period. The employee must request removal of such documentation, in writing, to the Police Chief, who shall make the final determination as to whether there have been no further disciplinary actions of a similar nature. Documentation of disciplinary actions in excess of a 2 working day suspension may be removed from an officer's file(s) after five years, at the sole discretion of the Police Chief.
Article VI. CLASSIFICATIONS
Section 6.01 New Classifications
The City agrees to meet and confer with GBPMCEG on any new classifications which may be added to the unit covered by this Agreement.
Section 6.02 Higher Classification Work
A. Any bargaining unit employee who is assigned to temporarily perform the preponderance of duties of a position in a higher classification for more than twenty (20) consecutive days shall receive the rate of pay equivalent to the higher classification worked while the employee continues to work in the higher classification. The higher rate of pay shall be no more than 10% of the recipient's base pay.
B. The higher salary rate payable shall commence on the twenty-first day following the temporary reassignment to the performance of duties of the higher classification. If it is known to the City that the higher classification position is vacant due to a separation of employment by the former employee of said position, then the higher salary rate payable shall commence upon appointment of the employee to the temporary reassignment. •
9 C. This assignment will continue until the City no longer requires the incumbent to perform the duties of such assignment. The higher rate of pay shall be no more than 10% of the recipient's base pay.
D. At the end of such assignment the employee performing the temporary assignment shall be returned to his/her original position and salary range.
Article VII. HOURS OF WORK
Section 7.01 Work Schedules
A. The City reserves the right to schedule work as required in a manner most advantageous to the City and consistent with the public interest and the requirement of municipal employment.
B. Notwithstanding Section 8.0l (A) above, the parties agree to meet and confer, generally conducted by the Chief of Police and the involved employees to determine the optimal schedule for the respective positions. The schedules can consist of a 10/80 schedule, 9/80 schedule, 4/10 schedule and a 3/12 with 8 hour payback schedule.
1. A 10/80 schedule means the employee is assigned to work five consecutive 8 hour days each week during a two week pay period. The employee will be provided ample break and lunch periods while on duty. If the employee chooses to take a lunch period away from work, that time in which the employee is away from the workplace is not compensable.
2. A 9/80 schedule means the employee is assigned to work four 9 hour days both weeks of the pay period then one 8 hour day the during one week of the pay period. The employee will be provided ample break and lunch periods while on duty. If the employee chooses to take a lunch period away from work, that time in which the employee is away from the workplace is not compensable.
3. A 4/10 schedule means the employee is assigned to work four 10 hour days both weeks of the pay period. The employee will be provided ample break and lunch periods while on duty. If the employee chooses to take a lunch period away from work, that time in which the employee is away from the workplace is not compensable.
4. A 3/12 with 8 hour payback schedule means the employee is assigned to work three 12 hour days during both weeks of the pay period and then one 8 hour day during one week of the pay period. The employee will be provided ample break and lunch periods while on duty. If the employee chooses to take a lunch period away from work, that time in which the employee is away from the workplace is not compensable.
Section 7.02 Overtime
A. The City reserves the right to schedule overtime work as required in a manner most advantageous to the City and consistent with the public interest and the requirement of municipal employment. Overtime is subject to prior approval by the Chief of Police or his/her designee.
B. Non-Exempt employees are eligible for overtime after 40 hours worked in a work week. Overtime will be compensated at the rate of 1.5 times the employee's regular rate of pay in cash or 10 compensatory time off (CTO) for all time worked or deemed to have worked, including paid leaves of absences. In lieu of overtime compensation, employees may receive equal compensatory time off upon their request and with the approval of the Chief of Police.
Section 7.03 Compensatory Time Administration
A. An employee may retain a balance of unused compensatory time not to exceed the amount of 240 hours for non-public safety employees and 480 hours for sworn public safety employees (FLSA maximums).
B. Upon termination or retirement from the City, the employee shall receive payment for any unused compensatory time that has been accrued.
Article VIII. LEAVE TIMES
Section 8.1 Vacation, Sick, Holiday, Administrative
1. An employee may exchange Vacation Leave hours for cash. Upon request, the City shall buy back Vacation Leave hours accumulated in excess of 60% of the employee's maximum authorized accrual amount. The payment for these Vacation Leave hours shall be at 100% of the employee's regular hourly pay rate. The employee's request shall be in writing and may be requested annually during the last two months of the calendar year. No employee shall receive payment under the provisions of this Section for more than 80 hours of Vacation Leave in any fiscal year.
A. In accordance with the IRS constructive receipt doctrine, in order to buy-back vacation leave, an employee must make a prior year irrevocable election. The election form will be provided by the City so that employees can make their election in November or December of the calendar year.
A. Vacation 0 - 1 year service 10 days per year 38 days of max accumulation 1 - 2 years’ service 11 days per year 38 days of max accumulation 2 - 3 years’ service 12 days per year 38 days of max accumulation 3 - 4 years’ service 13 days per year 38 days of max accumulation 4 - 5 years’ service
5 - 7 years’ service
14 days per year
15 days per year
38 days of max accumulation
43 days of max accumulation
7 - 10 years’ service 16 days per year 43 days of max accumulation 10 or more years’ service 20 days per year 79 days of max accumulation 11 2. The employee, through the payroll system portal, has access to their leave bank summaries and shall manage their leave times and requests based on the standards set in this MOU. If for any reason an employee accrues Vacation Leave to the maximum accrual permitted by this MOU, the employee will cease accruing Vacation Leave until such time as their accumulated leave balance is reduced to a level below the maximum. The City Manager may approve limited exceptions to accumulations in excess of the maximum accrual permitted as long as the employee has submitted a written plan on how to reduce their leave accumulation to below the maximum accrual limit.
3. On an annual basis, on a date established by the Department, each unit employee that has reached the maximum accrual of Vacation Leave shall request to schedule Vacation Leave usage. If the Department is unable to allow Vacation Leave usage requests based on operational needs of the Department, the Department shall attempt to schedule alternate Vacation Leave of an equal number of hours as originally requested. Such alternate schedule shall consider the operational needs of the Department and the employee's needs for vacation usage. If the Department and the employee are unable to agree on an alternative vacation schedule and the Police Chief certifies and the City Manager approves such certification that the employee was denied the ability to use Vacation Leave that was accumulated over the employee's maximum accrual amount, the City Manager may choose to temporarily raise the vacation accrual maximum for the employee, up to an additional 40 hours, as long as there is an established plan for the employee to use the vacation leave or cash out the vacation leave as established in Section 9.1 (A) (1) above.
B. Sick
Accrues at 12 days per year. The Sick Leave maximum accrual limit is 2,000 hours. Sick Leave may be applied to a retiring employee's CalPERS service credit within compliance of existing PERS policies and applicable laws. If the sick leave is not applied toward the retirement credit, only 672 hours of accrued sick leave will be paid upon retirement, or when an employee with over 20 years of service leaves City employment.
C. Holiday Equivalent to 14 paid holidays per year.
A non-exempt employee who must work on a recognized City holiday shall receive holiday pay equal to the number of hours the employee is regularly scheduled to work on said holiday. For those employees who are exempt under FLSA and must work on a recognized City holiday, they will be permitted to take the holiday time off on another day.
D. Administrative
88 hours are credited in January of each year for those employees exempt under FLSA (pro-rated).
Administrative Leave may be used at the discretion of the employee with the approval of the Department Director. Any unused balance existing at the end of the calendar will be permitted to be carried over for use in the following calendar year. The maximum accrual limit for Administrative Leave hours is 144 hours. Administrative Leave hours are not compensable upon separation of employment with the City.
Article IX. RETIREMENT Section 9.1
Retirement Benefits
12 A. Classic Member
1. A classic member is defined as an employee who meets the definition of a "classic" member for purposes of retirement pension benefits in accordance with the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired before January 1, 2013 in the California Public Employees Retirement System (CalPERS) or a reciprocal retirement system with no break in service longer than six months. CalPERS ultimately determines who is a classic member in compliance with the law.
2. Classic members entering membership for the first time in a Local Public safety classification with the City of Grover Beach shall be eligible for the 3% at 55 retirement formula for Local Safety members. Classic members are eligible for the optional benefit of Government Code Section 20042, Highest Single Year. Each Sworn Public Safety Management employee shall pay the full 9% portion of the employee's retirement contribution under CalPERS.
3.The PERS Local Miscellaneous 2.5% at Age 55 with One-Year Final Compensation is provided for non-safety Management and Confidential employees. Each non-safety Management and Confidential employee shall pay the full 8% portions of the employee's retirement contribution under CalPERS.
B. New Member
1. A new member is defined as an employee who meets the definition of a "new" member for purposes of retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law.
2. New members hired on or after January 1, 2013, entering membership for the first time in a Local Public safety classification shall be eligible for the 2.7% at 57 retirement formula for Local Safety members with the three year Final Average Salary Compensation.
3. The employee contribution for new members shall be determined by the City of Grover Beach in accordance with their agreement with CalPERS. This amount will be adjusted periodically by CalPERS.
4. New employees entering membership for the first time in a non-safety Management and Confidential position shall be eligible for the CalPERS Miscellaneous 2% at Age 62 Retirement Plan with a three-year Final Average Salary Compensation. Each non-safety Management and Confidential employee shall pay the full portion of the employee's retirement contribution under CalPERS, for a total of 8%.
5. All employees pay member contributions on a pre-tax basis [IRS 414(h)2]. The City also is part of the Social Security System. Employees pay their share of Social Security as a payroll deduction.
Article X. MEDICAL BENEFITS
Section 10.1 Group Insurance
13 City pays the employee’s portion of CalPERS medical. Vision, and dental insurance costs for plans provided by the city are paid by the employee. The City contributes towards dependent health insurance coverage for family members only in the following amounts:
$601.85/month for employee + one dependent
$1,011.20/month for employee + full family.
The City provides life insurance in the following amounts: $100,000 policy for employee + $5,000 for eligible spouse and $2,000 per eligible child.
The City provides the benefits of the Public Employees Medical and Hospital Care Act (PEMHCA) to all eligible employees at a contribution level equivalent to the cost of the PERS Select PPO plan for medical coverage.
The City's payment amount will include the amount set forth in the CalPERS Health Care Resolution. If an employee elects to upgrade to a different plan, the employee will pay the difference (via payroll deduction) between that plan and the PERS Select PPO. The City will continue to contribute on a monthly basis up to the maximum of the amounts shown above toward the cost of dependent care coverage for health insurance.
B. Long-term disability is a City-paid insurance premium after a 90 day waiting period for new employees.
C. Short-Term Disability is EDD State Disability Insurance (SDI) paid by employee as a payroll deduction.
D. Employee Assistance Program is a City-paid premium providing six clinical consultations per family member per year.
E. Medicare. Employees shall participate in the federal program of Medicare and shall pay those premiums required by law which the City shall deduct from the employees' pay.
Article XI. MANAGEMENT COMPENSATION AND INCENTIVES
Section 11.1 Education
A. Education Reimbursement Program - Up to $2000 in educational expenses is available per fiscal year upon satisfactory completion of pre-approved college-level classes. Pursuant to Section X.D.4. of, and in accordance with the provisions of, the City's Personnel Regulations, when authorizing an employee to attend voluntary career-related out-service training, the department director may request reimbursement for the employee for tuition, books and required materials to the limits established in the Education Reimbursement Policy without requiring a letter grade, so long as the employee provides acceptable documentation of satisfactory completion of the training.
B. Education Incentive - Pay is provided with prior approval from the City Manager for degrees over and above what is required for the position: 2.5% for a Master's Degree. In no instance shall Education Incentive Pay exceed 2.5% of pay.
C. Executive Management Incentive - Pay is provided for certificates over and above what is 14 required for the position. Employees will obtain the Certificates without the use of City resources for tuition, class fees, per diem or travel (with the exception of any reimbursed tuition, class fees per diem or travel). Employees will pay for the above listed class related fees with scholarships or their own resources. When an employee successfully completes a regimented training and education program designed for upper level or executive management he/she will be eligible for Executive Management Incentive Pay in an amount equal to 2.5% of Regular Pay, with a maximum of one certificate being eligible for this type of incentive. Total pay for this incentive shall not exceed 2.5%. Recognized programs are the FBI National Academy, California POST Command College, the University of Louisville's Southern Police Institute's Administrative Officers Course and the California Office of Emergency Services Emergency Management Specialist Program.
Section 11.3 Uniform Allowance
A. Any employee required to wear uniforms will be provided with an initial set of two uniforms.
Police Management employees will also be provided with bullet resistant equipment, duty belts and equipment as well as a Class A jacket. Police Management employees will receive a Uniform Allowance of $1,400 per year (pro-rated on each paycheck). Police Management Analyst/Confidential employees will receive a Uniform Allowance of $1,400 per year (pro-rated on each paycheck).
Section 11.4 PCD Allowance
A. The City will provide $50 per month to employees using a personal electronic communication device for City business. Since not all employees within this group need to use personal communication devices while transacting City business, requests for this benefit will be treated on a case-by-case basis and require the Department Head to certify the use of a personal communication device as necessary to the employee's performance of job duties.
Section 11.5 Deferred Compensation
A. The City offers the opportunity for employees to participate in credit union and deferred income programs (ICMA & Mass Mutual). The City will contribute up to $200/month maximum for employees who participate in one of two existing deferred compensation plans, matched on a dollar-for-dollar basis.
Section 11.6 Bilingual Incentive
A. An employee fluent in Spanish, Tagalog or other language, the use of which the City Manager has determined to be of benefit to the City, shall be paid $80.00 per month upon written approval by the City Manager. Fluency shall be certified by a test administered through the Human Resources office. A certified employee shall request Bilingual Pay on a form approved by the City Manager.
Section 11.7 Professional Memberships and Legal Defense A. The City will provide Commanders with annual membership dues, due each December, to the California Peace Officer Association (CPOA) for their eligibility in the CPOA Legal Services Program.
15 B. The City will provide Commanders with annual no deductible per incident Legal Defense coverage through the California Peace Officers Association (CPOA) Legal Services Program (LSP).
Section 11.8 Equitable Salary
(As was agreed upon in the 2011-2012 Management and Confidential Agreement, the Police Administrative Assistant/Confidential shall maintain a minimum salary of 5.0% above the Administrative Secretary/Specialist Classification. The Police Administrative Assistant/Confidential shall maintain the same or higher salary schedule as to all Administrative Secretary/Confidential positions represented by other bargaining units in the City of Grover Beach.
A. In accordance with City Personnel Rules, the Police Commander position shall maintain a minimum step A salary of 5% above the step F salary of Sergeant at all times. Internally promoted employees will be eligible for all incentives upon promotion. Newly hired employees will only be eligible for incentives after six months of consecutive service with the Police Department. The City Manager, upon recommendation of the Chief of Police, may waive the six month waiting period for incentive pay for newly hired employees.
B. The Parties agree that the adjustments in salaries indicated in Exhibit A, and any future adjustments to the Base Pay amounts within a salary range for the job classifications represented by the GBPMCEG, shall maintain a difference in Base Pay between Step A and Step B, between Step B and Step C, between Step C and Step D, and between Step D and Step E of 5.0%, with plus or minus 0.025% being an agreed-upon acceptable margin for deviation.
Section 11.9 Salary Adjustments
A. All parties in this group will receive a salary increase of 4% effective August 5, 2024. They will then receive a salary increase of 3% effective on July 1, 2025 and an additional 3% effective on July 1, 2026. Salary Schedule Attached.
Article XII. TERM OF MEMORANDUM OF UNDERSTANDING
Section 12.1 MOU Re-Opener Clause
A. During the term of this agreement, the parties agree to re-open discussions in order to meet and confer on any adjustments to Article X - Medical Benefits.
Section 12.2 MOU Term
A. Term. The term of this MOU shall be from August 5, 2024, through June 30, 2027.
B. Severability. If any provision of this MOU should be held invalid or restrained by operation of law or by any court of competent jurisdiction, the remainder of this MOU shall not be affected.
C. Full Understanding. The Parties agree that this MOU sets forth the full and entire understanding of the Parties regarding the matters set forth herein, and verbal statements shall not supersede any of its provisions.
16 D. Savings Clause. In the event that the implementation of any article, section or subsection of this MOU shall be frustrated on account of the operation of law or by any tribunal of competent jurisdiction, or if compliance with any article, section or subsection would be frustrated or restrained by such law or tribunal, representatives of the City and the GBPMCEG shall, if possible, meet and confer for the purpose of endeavoring to agree on a replacement for such article, section or subsection.
E. Personnel Regulations. GBPMCEG agrees that the City's Personnel Regulations were properly and duly adopted on July 17, 2017 (Resolution 17-38), that they are the authorized Personnel Regulations of the City, and that employees represented by GBPMCEG shall abide by the terms of the Personnel Regulations. GBPMCEG recognizes the City intends to revise and update the Personnel Regulations to reflect changes in law, City policy, applicable provisions of MOU's, clarity of language, and applicability to each bargaining unit. The City shall provide notice to the GBPMCEG in all cases when proposing changes to the Personnel Regulations applicable to members of this unit and the GBPMCEG agrees to meet and confer.
Successor Memorandum of Understanding.
On or about May 1, 2027 the GBPMCEG shall provide to the City notice of intent to meet and confer concerning any proposed changes to this MOU affecting wages, hours or other terms and conditions of employment. All terms and conditions of this MOU shall stay in effect until a successor MOU is finalized.
Article XIII. SIGNATURES
City Team GBPMC Group
_________________________ ________________________
_________________________ _________________________
__________________________ ________________________
Exhibit B
City of Grover Beach
STAFFING DETAIL & SALARY SCHEDULE
Grover Beach Police Management and
Confidential Job Classifications
Police Management &
Confidential
Police Commander * 11,959 12,557 13,185 13,844 14,536
Management Analyst/Police
Department * 6,104 6,409 6,730 7,066 7,419 7,790
Agenda Item No. 12
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Robert Lomeli, City Attorney
PREPARED BY: Robert Lomeli, City Attorney
Wendi Sims, City Clerk
SUBJECT: Resolution Accepting the Certification of the Elections Official as to the Sufficiency of Signatures on the Petition to Recall Council Member Daniel Rushing, District 2
RECOMMENDATION
Adopt the resolution accepting the certification of the Elections Official as to the sufficiency of signatures on the petition to recall Council Member Daniel Rushing, District 2.
BACKGROUND
On January 8, 2024, a Notice of Intention to Circulate Recall Petition for Council Member Daniel Rushing, District 2, was filed with the Elections Official/City Clerk. The Petition for Recall form was approved for signature circulation on May 29, 2024. According to California Elections Code section 11221(a)(2), the number of signatures required to qualify a recall petition must be equal to at least 25% of the registered voters in the electoral district. For District 2, with 2,015 registered voters, this requirement amounted to 504 verified signatures.
On June 27, 2024, the Recall Petition was submitted to the City Clerk, who conducted a prima facie review and subsequently verified 521 of the signatures submitted (111 signatures were invalid), confirming that the petition met the required threshold. The Elections Official/City Clerk provided a “Certificate of Sufficiency of Petition,” which is attached hereto as Attachment 2.
In compliance with California Elections Code section 11227, the Certificate of Sufficiency is being presented to the City Council at its first regular meeting since completion of the examination of the petition. Acceptance of this certificate by the City Council is required under the California Elections Code.
FISCAL IMPACT
There is no fiscal impact with the recommended action.
ALTERNATIVES
N/A
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Staff Report: Certification of Sufficiency of Signatures on Recall Petition Page 2 July 22, 2024
Attachments
1. Resolution No. 24-__ Accepting the Certification of the Elections Official Exhibit A - Certificate of Sufficiency of Petition
RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA ACCEPTING THE CERTIFICATION OF THE ELECTIONS
OFFICIAL AS TO THE SUFFICIENCY OF SIGNATURES ON THE PETITION TO RECALL COUNCIL MEMBER DANIEL RUSHING, DISTRICT 2
WHEREAS, on January 8, 2024, a Notice of Intention to Circulate Recall Petition for Council Member Daniel Rushing, District 2, was filed with the Elections Official/City Clerk; and WHEREAS, on May 29, 2024, the Petition for Recall form was determined to meet the statutory requirements and, therefore, was approved for signature circulation; and WHEREAS, pursuant to California Elections Code section 11221(a)(2), the number of signatures required to qualify a recall petition for a recall election must be equal in number to, not less than the following percentage of registered voters in the electoral district: Twenty-five percent (25%) if the registration is less than ten thousand (10,000), but at least one thousand (1,000) voters; and
WHEREAS, according to the current Statement of Registration dated February 20, 2024, by the San Luis Obispo County Registrar of Voters at the time the Petition was approved for signature circulation, District 2 in the City of Grover Beach had 2,015 registered voters, and therefore the number of verified signatures required was five hundred four (504); and WHEREAS, on June 27, 2024, the recall petition was submitted to the City Clerk in accordance with California Elections Code sections 11220 and 11222 and prior to the deadline for submission; and
WHEREAS, after completing the prima facie review of signatures, the City Clerk determined that the recall petition contained the minimum number of signatures and began the signature verification process; and
WHEREAS, the Elections Official/City Clerk provided a “Certificate of Sufficiency of Petition,” attached hereto as Exhibit A; and
WHEREAS, California Elections Code section 11227 requires the certificate as to the sufficiency/verification of signatures to be submitted to the City Council at its next regular City Council meeting following the certification.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby finds, determines, and declares the following:
1. The City Council hereby accepts the Certificate of Sufficiency of Petition from the Elections Official/City Clerk regarding the petition to recall Council Member Daniel Rushing, District
2. Attachment 1
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 22nd day of July 2024. _____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
**DRAFT**
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CERTIFICATE OF SUFFICIENCY OF PETITION
I, Wendi Sims, City Clerk of the City of Grover Beach, County of San Luis Obispo, State of California, hereby certify that.
The petition entitled "PETITION FOR LOCAL RECALL" for the recall of Daniel Rushing, Council Member, District 2 was filed with the City Clerks Department on June 27, 2024.
That said petition consists of 9 sections;
That each section contains signatures purporting to be signatures of qualified electors of the City of Grover Beach, California;
That attached to this petition at the time it was filed, was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that Section, that all of the signatures were made in his or her presence, and that to the best of his or her own information and belief, each signature to that section was the genuine signature of the person whose name it purports to be;
That after the proponents filed this petition, and based on the County of San Luis Obispo Registrar of Voters' Signature Verification Certificate, I have determined the Following Tacts regarding this petition:
1 2
3 4
5 6
Total number of signatures filed by proponent raw count Total number of signatures verified:
Number of signatures found sufficient
Number of total signatures found insufficient
Number of signatures insufficient because of Duplication Total number of signatures required
Based on the above, the petition is deemed to be sufficient. 632
632
521
ffl
7 504
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Grover Beach this 16'h day of July 2024.
Wendi Sims
City of Grover Beach
,Elections Official
15zi South Eiglith Street // Grover Beacli, California 93433 *:* vs*vryiigrorierbeacli.org' Exhibit A
Agenda Item No. 13
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
Jim Munro, Chief of Police
SUBJECT: Second Reading and Adoption of an Ordinance Repealing and Replacing Chapter 5 (Animal Regulations) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code; and Approval of Amendment No. 1 to the Contract for Animal Care and Control Services with the County of San Luis Obispo
RECOMMENDATION
Conduct a public hearing and second reading to adopt an Ordinance repealing and replacing Chapter 5 (Animal Regulations) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code (GBMC); and approve Amendment No. 1 to the Contract for Animal Care and Control Services with the County of San Luis Obispo.
BACKGROUND
On June 1, 1970, the City Council adopted the City’s first Animal Regulations ordinance. Since then, this ordinance has undergone periodic updates, while largely preserving its original essence and consistency with San Luis Obispo County Title 9 regulations that regulate animals in the county. Within the City, animal regulations enforcement is handled concurrently by City staff and County staff from the San Luis Obispo County Division of Animal Services, pursuant to a contract with the County, shown in Attachment 4. In 2023, staff worked with staff from other cities in San Luis Obispo County as well as with County staff to review and develop consistent city ordinances and County regulations regarding animals. As a result of this work, uniformed San Luis Obispo County Title 9 regulations were developed which will allow consistent enforcement across the county and cities in San Luis Obispo County. The County has asked all contract agencies to adopt Title 9 by reference into their city municipal codes to ensure continued continuity.
Staff has reviewed the City’s current Animal Regulations code included in Article III, Chapter 5 and has determined many of the regulations are duplications of the new Title 9 regulations and are unnecessary if the City adopts the Title 9 regulations. The adoption of Title 9 does not remove local authority for enforcement of animal regulations, animal business licensing, or zoning code requirements. Staff has prepared a new Animal Regulations ordinance that will incorporate Title 9 and include City provisions that will work in conjunction with the Title 9 regulations. Staff is recommending a complete repeal of the current GBMC Article III, Chapter 5 and adoption of a new ordinance (Exhibit A) in its place that will incorporate the San Luis Obispo County Title 9 Animal Regulations (Exhibit B).
Additionally, in response to a prior incident in which the County destroyed the remains of an animal involved in an incident in the city causing bodily harm before the Police Department was able to fully examine the animal for investigative purposes, the City requested an amendment to the Contract for Animal Care and Control Services with the County to prevent such actions in the Staff Report: Second Reading & Adoption of Animal Regulations Ordinance/Contract Amendment Page 2 July 22, 2024
future. The proposed Amendment No. 1, shown in Attachment 5, adds Subsection 1(e) specifically requiring that in such instances the County will preserve animal remains until the City has been consulted and approves such disposal.
FISCAL IMPACT
There is no fiscal impact from this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct a public hearing and second reading to adopt an Ordinance repealing and replacing Chapter 5 (Animal Regulations) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code (GBMC); and approve Amendment No. 1 to the Contract for Animal Care and Control Services with the County of San Luis Obispo; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Ordinance No. 24-XX
Exhibit A Grover Beach Proposed Animal Regulations Ordinance Exhibit B San Luis Obispo County Title 9 Animal Regulations
2. Animal Care and Control Services Contract
3. Amendment No. 1 to Contract for Animal Care and Control Services ORDINANCE NO. 24-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, REPEALING AND REPLACING CHAPTER 5 OF ARTICLE III OF
THE GROVER BEACH MUNICIPAL CODE AND APPROVING AND ADOPTING
NEWLY ENACTED AND UNIFORM ANIMAL REGULATIONS
WHEREAS, the City Council of the City of Grover Beach ("City") adopted the first animal regulation ordinance on June 1, 1970; and
WHEREAS, the animal regulations ordinance has been periodically updated, but for the most part the ordinance remained true to the original 1970 adoption and consistent with the San Luis Obispo County Title 9 Animal Regulations; and
WHEREAS, in conjunction with staff members from each of the cities in San Luis Obispo County and San Luis Obispo County Animal Services, staff developed new Title 9 Animal Regulations for consistency within each community; and
WHEREAS, staff has prepared and presented a new Grover Beach Municipal Code Animal Regulations Ordinance that incorporates the San Luis Obispo County Title 9 Animal Regulations for City Council to consider for adoption.
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
SECTION 1. Chapter 5 of Article III, (Animal Regulations), of the Grover Beach Municipal Code is hereby repealed and replaced in its entirety to read as set forth in Exhibit A, attached and incorporated by reference.
SECTION 2. The animal regulations of San Luis Obispo County Title 9, as set forth within Exhibit B, are approved and adopted as incorporated within the newly adopted regulations set forth in Exhibit A.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.
SECTION 4. CONFLICTING PROVISIONS. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.
SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 6. PUBLICATION. The City Clerk is hereby directed to post a summary and certified copy of this ordinance in the city clerk’s office at least five (5) days prior to adoption and to publish a summary of the ordinance in a newspaper of general circulation, within fifteen (15) days after its adoption.
Attachment 1
INTRODUCED at a regular meeting of the City Council held on June 24, 2024, and PASSED, APPROVED, and ADOPTED by the City Council on July 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 SIMS, CITY CLERK
Approved as to Form:
_____________________________
ROBERT LOMELI, CITY ATTORNEY
**DRAFT**
CHAPTER 5 - ANIMAL REGULATIONS
Sec. 3500. Purpose. The purpose of the Animal Control Regulations for the City of Grover Beach is to ensure public health and safety, promote responsible pet ownership, and protect animal welfare. These regulations establish guidelines for the ownership, control, and care of animals, addressing licensing, vaccinations, and restrictions, while providing effective enforcement to reduce animal-related nuisances and promote a harmonious environment between animals and the community.
Sec. 3501. Authority. The provisions of this Chapter, Section 3502 notwithstanding, the Chief of Police, or their designee, shall be responsible for and shall have authority to exercise the duties, obligations, and responsibilities for all provisions of this chapter not otherwise provided for by contract executed under Section 3503.
Sec. 3502. Adoption of the San Luis Obispo County Title 9 on Animal Regulations. The San Luis Obispo County Title 9 - Animal Regulations, 2024 edition, are hereby adopted, and made part of the Grover Beach Municipal Code as though fully set forth herein.
Sec. 3503. Authority to Enforce.
(a) Any Police Officer, Community Service Technician/Officer, or Code Compliance Officer of the city may enforce the provisions of this Chapter and issue citations for violations. (b) The city may, through contractual agreement, authorize the County of San Luis Obispo Division of Animal Services to enforce the provision of this agreement and issue citations for violations.
Section 3504. Contract for Animal Control Services. The City Council may contract with the County for the performance of such animal control services as may be desired to implement, enforce, or execute the provisions of this chapter. In the event such contract is entered into, then the authority, duties, obligations, and responsibilities assigned in this chapter to the Animal Control Officer, as defined or limited by such contract, shall become the concurrent authority, duties, obligations, and responsibilities of the Animal Services Manager, or their designee, from the County of San Luis Obispo Division of Animal Services.
Exhibit A
Section 3505. Definitions.
This section provides definitions of terms and phrases used in this Chapter that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this Chapter. If a word is not defined in this section, or in other provisions of this code, the Chief Animal Control Officer shall determine the correct definition. The Chief Animal Control Officer shall have the authority to render interpretation and discretion regarding the applicability of any definition set forth in this section. (a) “Aggressive” means the demonstration of behavior indicating that an Animal is likely or prone to unprovoked attack against a person or another animal. (b) "Altered” means having been spayed or neutered.
(c) "Animal" means any member of the taxonomic kingdom Animalia other than a human being.
(d) “Animal facility” means any lot, building, structure, enclosure, or premises wherein or whereon companion animals are kept or maintained for purposes related to the operation of any business or organization, including, but not limited to a pet shop, grooming facility, breeding facility, boarding facility, stable or non-profit humane organization and that has a valid City of Grover Beach Business Tax Certificate and complies with all City of Grover Beach zoning regulations. (e) “Animal operation” means any commercial or non-profit endeavor which is wholly or in part based upon the care, keeping, or utilization of companion animals in the conduct of its business or operation and that has a valid City of Grover Beach Business Tax Certificate and complies with all City of Grover Beach zoning regulations. (f) “Apiary” includes bees, combs, hives, appliances, or colonies, wherever they are kept, located or found.
(g) "At large" means being upon any private property while unrestrained by a leash and without permission of the person who owns or has a right to possess or use the property; or being upon public property or private property which is open to the public while unrestrained by a leash.
(h) "Board of Supervisors" means the San Luis Obispo County Board of Supervisors. (i) “Business day" means any day that the Division’s animal shelter or the City is open to the public.
(j) "Cat" means a Felis catus of either sex, altered or unaltered; or any animal which is a hybrid of a Felis catus.
(k) "Chief Animal Control Officer” means the Chief of Police for the City of Grover Beach or when used in enforcement of San Luis Obispo County Title 9 Regulations, the Animal Services Manager of the County of San Luis Obispo or their designee. (l) “City” means the City of Grover Beach.
(m) “Commercial” means any transaction, relationship, business or endeavor which involves the exchange of money, or traded goods or services, in exchange for any material consideration or service.
(n) “Commercial animal operation” means:
(1) Any commercial enterprise other than a duly licensed veterinary hospital which involves the direct care, keeping or maintenance of companion animals conducted from a non-residential location; or,
(2) Any commercial enterprise other than a duly licensed veterinary hospital conducted from a residential location which involves the direct care, keeping or maintenance of companion animals and at which the number of animals kept exceeds the maximum allowed under the provisions of this title or other applicable codes; or (3) Any commercial enterprise other than a duly licensed veterinary hospital which involves the care, keeping, or maintenance of companion animals conducted from a residential location and with gross annual revenue exceeding $10,000. (4) All commercial animal operations must that have a valid City of Grover Beach Business Tax Certificate and comply with all City of Grover Beach zoning regulations (o) “Companion animal” means any animal of a species normally kept by people for the purposes of companionship, recreation, or sport. For the purposes of this Chapter, this definition includes horses, donkeys, mules, and any other domesticated equine. (p) "County" means the County of San Luis Obispo.
(q) "Division" means the Division of Animal Services, the Chief Animal Control Officer and/or his or her duly authorized representative(s).
(r) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any animal which is a hybrid of a Canis familiaris.
(s) “Domestic animal” means any animal of a vertebrate species which:
(1) has been selectively bred to live in a tame condition for the purposes of being a household pet, food or fiber source, or work animal; and (2) is generally dependent upon people for its survival; and (3) is notably distinct in conformation and/or behavior from its wild ancestors. (t) "Health Agency" means the County of San Luis Obispo Health Agency as established in Chapter 2.26 of San Luis Obispo County Title 9 regulations. (u) “Heel” means for a Dog to walk with its head or body remaining parallel and directly adjacent to the legs of its handler.
(v) “Hobby breeder” means any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other nonmonetary consideration, provided that:
(1) The sale of such animals is conducted as an accessory use from a private residence; and
(2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this Chapter, San Luis Obispo County Title 9 regulations, or other applicable codes; and,
(3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of $ 10,000.
(w) "Household pets" means any animal normally kept for purposes of companionship or amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.
(x) “Identification” means any visible or readily discoverable tag, tattoo, microchip, or other information bearing mark or device attached to, or implanted in, an animal giving indication that the animal is owned and providing, at a minimum, a current phone number or address at which the owner can be contacted.
(y) “Impound” means to have been received into the custody of the Chief Animal Control Officer, any of his or her authorized agents or officers, or any public agency. (z) “Irremediable” means any injury or illness causing significant malaise, discomfort, or suffering to an animal and which is without treatment, or which would not normally be treated by the average animal owner in the community.
(aa) “Livestock" means all domestic animals other than household pets including, but not limited to horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry. (bb) “Menacing” means the demonstration of behavior indicating an intent to inflict harm or which otherwise places a person in reasonable fear for their safety, the safety of others, or the safety of animals kept by them.
(cc) “Non-profit humane organization” means any animal operation conducted by a bona fide charity in good standing under the provisions of Section 501(c)3 of the Internal Revenue Code and in compliance with all state and local codes pertaining thereto. (dd) “Neuter” means to be rendered incapable of reproduction as a result of surgical removal of the testes.
(ee) "Owner" means any person who exercises legal possession or custodianship of an animal, or who legally claims the right to possession or custodianship of an animal. (ff) “Person” means any individual, firm, partnership, corporation, company, society, or association and every officer, agent, or employee thereof. (gg) “Poultry” is any domesticated bird to include, but not limited to, rooster, chicken, turkey, goose, duck, Rock Cornish hens, pheasant, squab, guinea fowl, ostrich, emu, and rhea. (hh) “Public Nuisance” means any condition or circumstance which:
(1) effects a substantial portion of a neighborhood as determined by the City or Division, and
(2) is indecent or offensive to the senses, adversely impacts the health and safety of others, or otherwise impedes the reasonable use and enjoyment of property. (ii) “Quarantine” means the strict confinement of an animal in a location which prevents its interaction with other animals and limits interaction with people during the period in which it is under observation for signs indicative of an infectious disease. (jj) “Severe Bodily Injury” means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears, lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses. (kk) “Spay” means to be rendered incapable of reproduction as a result of the surgical removal of the ovaries.
(ll) “Stable” means any lot, building, enclosure, or premises maintained for the purpose of lodging, feeding, boarding or rental of horses or other livestock. (mm) “Stray” means any animal subject to leash law or other confinement restrictions which is found roaming at large and without an owner or custodian in the immediate vicinity. (nn) “Veterinarian” means a professional licensed by the State of California to practice the science and art of disease and injury diagnosis, prevention, treatment and cure in animals.
Sec. 3506. Fees.
(a) Whenever fees are to be charged by the City of Grover Beach, these fees shall be set by ordinance or resolution by the Grover Beach City Council. (b) Whenever fees are to be charged by the Division of Animal Services, these fees shall be set by ordinance or resolution of the San Luis Obispo County Board of Supervisors.
Sec. 3507. Unnecessary Noise. It is unlawful for any person to keep, harbor, maintain, or allow on or in any lot, parcel of land, residence, building or structure any household pets which make or continue to make any loud, unnecessary or unreasonable noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any person or normal sensitivity residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:
(1) The level of the noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual; (4) The proximity of the noise to residential areas;
(5) The density of the residential occupancy of the area within which the noise emanates; (6) The time of the day or night the noise occurs;
(7) The duration of the noise;
(8) Whether the noise is recurrent, intermittent, or constant.
Sec. 3508. Commercial Animal Operations Permits Required. It is unlawful for any person, firm, corporation or association to erect, establish or maintain any animal use operation, commercial, noncommercial, hobby breeder or pet shop, as defined in this chapter, without first obtaining the appropriate Use Permit(s) and a Business Tax Certificate from the City of Grover Beach. Additionally, in accordance with San Luis Obispo County Title 9, Section 9.05, the appropriate permit(s) from the San Luis Obispo County Division of Animal Services must be obtained prior to any use or operations.
Sec. 3509. Commercial Animal Operations Permits--Refusal, Suspension or Revocation Thereof. (A) The City permit(s) for the maintenance and operation of an animal use facility, commercial, noncommercial, hobby breeder, or pet shop shall be refused by the City upon a determination that a violation exists of the provisions of any health law of the State of California, or any of the applicable provisions of this Chapter.
(B) A permit may be immediately suspended by the City for violation of any provision of this chapter when, in their opinion, there is a danger to public health or safety, or when necessary to assure humane care and treatment of the animals under permit, is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an office hearing before an impartial hearing officer from outside the City, within ten (10) business days of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to:
(1) Dismiss the charges and reinstate the permit; or
(2) Reinstate the permit conditioned upon correction of the violation; or (3) Revoke the permit.
(C) If, in the opinion of the City, the danger to public health is not so imminent, immediate and threatening as to admit of delay, the City shall send a notice of violation to the permittee within seven (7) days and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspections, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the City shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing to determine whether or not the permit should be revoked. Upon conclusion of the office hearing, the hearing officer may decide to:
(1) Dismiss the charges; or
(2) Establish a correction schedule; or
(3) Revoke the permit.
(D) All office hearings referred to herein shall be conducted in accordance with procedures adopted by the City. The applicant or permittee may call and examine witnesses, introduce exhibits, question city officials, county officials and opposing witnesses on any matter relevant to the issues, and may rebut evidence against them. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. The City shall ensure that an informal record of the proceedings is maintained in accordance with an adopted records retention schedule.
(E) Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal the action to the City Council within ten (10) days. The City Clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the city official(s) responsible for such order of refusal or revocation. The City Council shall hear the evidence offered by the applicant or permittee and city official(s) and shall forthwith decide the issue. The decision of the City Council shall be final.
Sec. 3510. Limitations. (A) Dogs, Cats, Rabits. It is unlawful for any person, or persons, to own, harbor or maintain more than three dogs, cats or rabbits four months of age or older upon any premises in the City.
(B) Poultry. No person shall keep any poultry upon any premises in the City. (C)Swine, Hogs, Pigs. No person shall keep upon any premises in the City any swine, hog, or pig, whatsoever.
(D)Apiaries. No person shall keep upon any premises in the City any apiaries. (E) Other Animals. No person shall keep upon any premises in the City any animals, other than household pets as defined in this Chapter.
(F) This section shall not apply to any lawfully permitted commercial animal operation.
Sec. 3511. Dogs in Public Parks. It is unlawful for any person to permit any dog owned, harbored or controlled by them to be in any public park unless such dog is securely leashed on a leash not exceeding six (6) feet in length and the leash is held continuously in the hand of a responsible person, capable of controlling such dog. For purposes of this Section, the term "public park" shall mean any city park in the city of Grover Beach. This section shall not be applicable to within the boundaries of any public area specifically designated and authorized by the City of Grover Beach as an off-leash recreational area for dogs.
Sec. 3512. Conflicting Provisions. In the event a regulation within this Chapter conflicts with any of the regulations within San Luis Obispo County Title 9, as adopted by Section 3502, the regulations of this Chapter shall control.
Sec. 3513. Violation. Except as otherwise provided in this Chapter, violation of the provisions of this Chapter is an infraction.
San Luis Obispo County Title 9
Proposed Revision
Exhibit B
9.01 GENERAL PROVISIONS
9.01.001 Division of Animal Services established.
There is hereby established a Division of Animal Services which shall function as a division of the County Health Agency.
9.01.002 Rules and regulations.
The Chief Animal Control Officer is hereby authorized to promulgate and enforce such rules or regulations consistent with the purposes, intent, and express terms of this title as he deems necessary to implement such purposes, intent and express terms.
9.01.003 Definitions
This section provides definitions of terms and phrases used in this Title that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this Title. If a word is not defined in this section, or in other provisions of this code, the Chief Animal Control Officer shall determine the correct definition. The Chief Animal Control Officer shall have the authority to render interpretation and discretion regarding the applicability of any definition set forth in this section. (a) “Aggressive” means the demonstration of behavior indicating that an Animal is likely or prone to unprovoked attack against a person or another animal. (b) "Altered” means having been spayed or neutered.
(c) "Animal" means any member of the taxonomic kingdom Animalia other than a human being.
(d) “Animal facility” means any lot, building, structure, enclosure, or premises wherein or whereon companion animals are kept or maintained for purposes related to the operation of any business or organization, including, but not limited to a pet shop, grooming facility, breeding facility, boarding facility, stable or non-profit humane organization.
(e) “Animal operation” means any commercial or non-profit endeavor which is wholly or in part based upon the care, keeping, or utilization of companion animals in the conduct of its business or operation.
(f) "At large" means being upon any private property while unrestrained by a leash and without permission of the person who owns or has a right to possess or use the property; or, being upon public property or private property which is open to the public while unrestrained by a leash.
(g) "Board of Supervisors" means the San Luis Obispo County Board of Supervisors.
(h) “Business day" means any day that the Division’s animal shelter is open to the public.
(i) "Cat" means a Felis catus of either sex, altered or unaltered; or any animal which is a hybrid of a Felis catus.
(j) "Chief Animal Control Officer” means the Animal Services Manager of the County of San Luis Obispo or his designee.
(k) “Commercial” means any transaction, relationship, business or endeavor which involves the exchange of money, or traded goods or services, in exchange for any material consideration or service.
(l) “Commercial animal operation” means:
(1) Any commercial enterprise other than a duly licensed veterinary hospital which involves the direct care, keeping or maintenance of companion animals conducted from a non-residential location; or,
(2) Any commercial enterprise other than a duly licensed veterinary hospital conducted from a residential location which involves the direct care, keeping or maintenance of companion animals and at which the number of animals kept exceeds the maximum allowed under the provisions of this title or other applicable codes; or
(3) Any commercial enterprise other than a duly licensed veterinary hospital which involves the care, keeping, or maintenance of companion animals conducted from a residential location and with gross annual revenue exceeding $10,000.
(m) “Companion animal” means any animal of a species normally kept by people for the purposes of companionship, recreation, or sport. For the purposes of this title, this definition includes horses, donkeys, mules, and any other domesticated equine. (n) "County" means the County of San Luis Obispo.
(o) "Division" means the Division of Animal Services, the Chief Animal Control Officer and/or his or her duly authorized representative(s).
(p) "Dog" means a Canis familiaris of either sex, altered or unaltered; or any animal which is a hybrid of a Canis familiaris.
(q) “Domestic animal” means any animal of a vertebrate species which:
(1) has been selectively bred to live in a tame condition for the purposes of being a household pet, food or fiber source, or work animal; and (2) is generally dependent upon people for its survival; and (3) is notably distinct in conformation and/or behavior from its wild ancestors. (r) "Health Agency" means the County of San Luis Obispo Health Agency as established in Chapter 2.26 of this code.
(s) “Heel” means for a Dog to walk with its head or body remaining parallel and directly adjacent to the legs of its handler.
(t) “Hobby breeder” means any private person who offers any dog, cat, or other animal normally kept as a household pet for sale or in exchange for any monetary or other non-monetary consideration, provided that:
(1) The sale of such animals is conducted as an accessory use from a private residence; and
(2) The number of animals kept at that location does not exceed the maximum allowed under the provisions of this title or other applicable codes; and, (3) The total gross revenue realized from the breeding or sale of animals does not exceed an annual revenue of $ 10,000.
(u) "Household pets" means any animal normally kept for purposes of companionship or amusement, including, but is not limited to, cats, dogs, canaries, parrots, fish, rodents, rabbits, turtles, lizards, and snakes.
(v) “Identification” means any visible or readily discoverable tag, tattoo, microchip or other information bearing mark or device attached to, or implanted in, an animal giving indication that the animal is owned and providing, at a minimum, a current phone number or address at which the owner can be contacted. (w) “Impound” means to have been received into the custody of the Chief Animal Control Officer, any of his or her authorized agents or officers, or any public agency.
(x) “Irremediable” means any injury or illness causing significant malaise, discomfort, or suffering to an animal and which is without treatment or which would not normally be treated by the average animal owner in the community. (y) "Livestock" means all domestic animals other than household pets including, but not limited to horses, ponies, mules, donkeys, cattle, sheep, goats, swine, and poultry.
(z) “Menacing” means the demonstration of behavior indicating an intent to inflict harm or which otherwise places a person in reasonable fear for his or her safety, the safety of others, or the safety of animals kept by them. (aa) “Non-profit humane organization” means any animal operation conducted by a bona fide charity in good standing under the provisions of Section 501(c)3 of the Internal Revenue Code and in compliance with all state and local codes pertaining thereto.
(bb) “Neuter” means to be rendered incapable of reproduction as a result of surgical removal of the testes.
(cc) "Owner" means any person who exercises legal possession or custodianship of an animal, or who legally claims the right to possession or custodianship of an animal. (dd) “Person” means any individual, firm, partnership, corporation, company, society, or association and every officer, agent, or employee thereof. (ee) “Public Nuisance” means any condition or circumstance which:
(1) effects a substantial portion of a neighborhood as determined by the Division, and
(2) is indecent or offensive to the senses, adversely impacts the health and safety of others, or otherwise impedes the reasonable use and enjoyment of property. (ff) “Quarantine” means the strict confinement of an animal in a location which prevents its interaction with other animals and limits interaction with people during the period in which it is under observation for signs indicative of an infectious disease.
(gg) “Severe Bodily Injury” means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears, lacerations, fractures or joint dislocations, or permanent impairment of locomotion or special senses. (hh) “Spay” means to be rendered incapable of reproduction as a result of the surgical removal of the ovaries.
(ii) “Stable” means any lot, building, enclosure, or premises maintained for the purpose of lodging, feeding, boarding or rental of horses or other livestock. (jj) “Stray” means any animal subject to leash law or other confinement restrictions which is found roaming at large and without an owner or custodian in the immediate vicinity.
(kk) “Veterinarian” means a professional licensed by the State of California to practice the science and art of disease and injury diagnosis, prevention, treatment and cure in animals.
9.01.004 Establishment of a public pound.
A public pound is authorized and established at such place(s) in San Luis Obispo County as shall be fixed from time to time by the Board of Supervisors.
9.01.005 Chief Animal Control Officer
(a) The Animal Services Division shall be under the direction of the Chief Animal Control Officer subject to the supervisory control of the County Health Agency Director. (b) It shall be the duty of the Chief Animal Control Officer to:
(1) Enforce the provisions of this Title, any other sections of San Luis Obispo County Code pertaining to the care and keeping of animals, and all applicable statutes and regulations of the state.
(2) Designate and employ those individuals who shall perform the duties of Animal Control Officer.
(3) Have charge of and supervise the County animal shelter(s) under his or her jurisdiction.
(4) Keep records of all Animals Impounded in said shelter(s). (5) Keep accounts of all moneys collected and received in the administration of the Title.
(c) Nothing in this Section is intended to create a mandatory duty to perform the duties above for purposes of imposing liability under Government Code section 815.6.
9.01.006 Animal control officers – Citation authority. The Chief Animal Control Officer and his or her duly appointed staff shall have the power to issue citations pursuant to Sections
1.08 and 9.01.012 of this code.
9.01.007 Interference with performance of duties.
It is unlawful for any Person to hinder, resist or obstruct the Chief Animal Control Officer or any of his or her staff or employees in the exercise of their lawful duties. Any Person who violates this section is guilty of a misdemeanor.
9.01.008 Violation of order.
Except as provided in this Chapter, any person who, after written notice, violates, or who upon the demand of the Division, refuses or neglects to conform to any lawful rule, written order, or regulation prescribed by the Division is guilty of an infraction.
9.01.009 Impersonation of animal control officer – Prohibited It is unlawful for any person who has not been designated to the position of animal control officer as provided in section 9.01.004, to represent himself or herself to be, or to attempt to act as an animal control officer. Any person who violates this section is guilty of a misdemeanor.
9.01.010 Record of Division.
The Division shall keep a record of the number, description and disposition of all Animals impounded, showing in detail in the case of each, the date of receipt, the date and manner of disposal, the name of the person reclaiming, redeeming or receiving such dogs, cats or
household pets, the reason for destruction and such additional records as the Board of Supervisors may from time to time direct.
9.01.011 Fees.
(a) Whenever fees are to be charged by the Division of Animal Services, these fees shall be set by ordinance or resolution of the Board of Supervisors. (b) A fee, including a penalty fee, may be waived if, in the discretion of the Chief Animal Control Officer, it is contrary to interests of justice, would adversely impact animal welfare, or would impose an undue financial hardship upon the payee.
9.01.012 Violation.
(a) Except as otherwise provided, violation of a provision of this title is an infraction. (b) Each day upon which a violation occurs or continues to occur shall constitute a separate offence.
9.02 ANIMALS GENERALLY
9.02.001 Animals at large.
(a) No person shall allow or permit any animal, other than household pets, to run at large upon any public street or place, or to trespass upon the property of another. (b) This provision shall not be construed as permitting the running at large of any household pets that are otherwise restricted by the provisions of this Title or by any law applicable thereto.
9.02.002 Unauthorized feeding or attraction of animals prohibited.
It is unlawful for any person to place, deposit, or maintain food, water, shelter, or other similar attractant for an animal in any public park, plaza, woodland, other public place, or upon the private property of another person without the express consent and authorization of the property owner or tenant.
9.02.003 Animal Wastes – Duty to Remove
Every person having custody or control of a dog or cat shall promptly remove and dispose of, in a sanitary manner, all feces and other solid waste left by such animal in any public area or on any private property other than that of the animal’s owner or keeper.
9.02.004 Unsanitary conditions prohibited.
It is unlawful for any person to do any of the following:
(a) Keep an animal confined upon any premises or in any enclosure which is befouled by animal waste, trash or debris, or any other foul, noxious, or unsanitary condition.
(b) Allow the accumulation or deposit of animal wastes upon his or her property in such a quantity as to disturb the owners, occupants, or users of adjacent properties by way of offensive odor or the attraction of flies, insects, or other vermin.
(c) Allow the accumulation or deposit of animal wastes in a location and quantity so as to befoul or pollute waters entering surface or storm drainage systems.
9.02.005 Unnecessary noise.
(a) It is unlawful for any person to keep, harbor or maintain upon any lot, or in any residence, building, or structure owned, occupied, or controlled by them any animal which, by any frequent or prolonged noise, causes annoyance or discomfort to a reasonable person of normal sensitivities. (b) Prima facie evidence of a violation of this section shall be established if the noise from any such animal disturbs:
(1) two or more individuals residing in separate dwellings directly adjacent to the property whereat the animal is kept, or
(2) three or more individuals residing in separate dwellings in close proximity to the property whereat the animal is kept.
(c) Frequent and repetitive violations of this section may be deemed a public nuisance. (d) This section shall not apply to sounds made by livestock kept upon property which is zoned to allow the keeping of agricultural animals nor shall it apply to any appropriately permitted commercial animal facility situated in a location zoned for such an operation, provided that such noise is consistent with normal and expected levels for that type of animal keeping.
9.02.006 Investigation and abatement of noise or nuisance. (a) Should the Division determine through investigation that any animal habitually causes or creates a public nuisance, the Chief Animal Control Officer may issue to the owner of the animal an order to abate the nuisance forthwith. (1) The Division may initiate such an investigation independently upon reasonable suspicion or other good cause that a public nuisance exists; or (2) The Division shall initiate such an investigation upon the written affirmation from three individuals alleging that any animal is causing or creating a public nuisance, provided that those individuals reside in, or occupy, separate dwellings or businesses in proximity to the alleged nuisance.
(b) Upon issuance of an order to abate a nuisance, a fine may be levied by the Division against the owner of the animal.
(c) If a Public Nuisance is not successfully abated upon the Order of the Chief Animal Control Officer, the Division may present the results of such investigation to the District Attorney for prosecution.
9.02.007 Menacing and aggressive animals
(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape. (b) Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to an enclosure or location that mitigates the aggressive and menacing behavior.
(c) It is unlawful for any person to permit any animal owned, harbored, or controlled by him or her to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper. (d) Liability of Property Owners.
(1) Owners of properties upon which a tenant keeps, harbors, or maintains any Aggressive or Menacing Animal may, along with the Animal owner(s), be jointly and severally liable for penalties related to violations of subsection (a), provided that they have received at least fourteen days prior written notice of the existence of such violation and the violation has not been abated.
9.02.008 Animals Designated as Potentially Dangerous or Vicious (a) Any animal designated under the provisions of another municipal, county, or state law as potentially dangerous, vicious, or their respective equivalent shall be considered so designated within the County of San Luis Obispo as well. (b) Any and all terms or restrictions related to the keeping, confinement, and care of the animal issued in association with that designation shall be fully and equally in force within the County.
9.02.009 Possession of unsafe and wild animals prohibited It is unlawful for any person to own, keep, maintain, or possess any animal which is wild by nature and which, because of its size, disposition, or other characteristics could constitute a danger to human life or property.
(a) Such Animals shall include, but are not necessarily limited to, the following:
(1) Mammals:
a) Any canine other than a member of the species Canis familaris (domestic dog), including wolves, coyotes, foxes, jackal, or any hybrid thereof.
b) Any feline other than a member of the species Felis catus (domestic cat), including mountain lions, bobcats, tiger, or any hybrid thereof. c) Hyenas, bears, elephants, and primates.
(2) Reptiles:
a) Any species of front fanged venomous snake, or hybrid thereof. b) Any venomous species of Heloderma.
c) Reticulated pythons, rock pythons, Burmese pythons, anacondas, or any other snake which commonly exceeds 10 feet in length at adulthood. d) Any crocodile or alligator.
(3) Any other terrestrial animal species, except for honey-producing bees, which is venomous to human beings, whether its venom is transmitted by bite, sting, touch or other means.
(b) This prohibition shall not apply to:
(1) Livestock;
(2) Any member of the following taxonomic groups:
a) Aves (birds)
b) Equidae (horses, asses, and zebras)
c) Camelidae (camels, llamas, alpacas)
d) Ruminatia (Oxen, bison, deer, antelope, chevron)
(3) Any wild and dangerous animal being transported through the county provided that the possessor is in compliance with all state and federal laws related to the keeping, possession, and transport of such animals, and provided that the animal does not remain within the County for more than 24 hours; (4) Any zoo, circus, museum, educational or academic research institution, veterinary hospital, wildlife rehabilitation or breeding organization, animal rescue, or commercial film or video production company provided that the animals are kept and confined in a manner which precludes their escape and which fully protects the public from harm.
9.02.010 Injury to animals by motorists – duty to stop and assist. (a) The operator of a motor vehicle or self-propelled vehicle which strikes and injures or kills any domestic animal on any public roadway shall:
(1) Stop and give reasonable aid, assistance, and/or protection to said animal, provided that this can be done without the operator placing himself at unreasonable risk; and
(2) Contact the animal’s owner, if known, or the Animal Services Division, Highway Patrol, or the Sheriff’s or Police Department with jurisdiction, and report the
location and facts of the incident, including their name and contact information; and
a) Remain at the scene until the owner, appropriate law enforcement or animal control authority arrives or until otherwise dismissed by that authority; or b) In the case of an animal which is injured and not dead, the operator may immediately transport the animal to a veterinarian for treatment. (b) This section shall not apply to public safety officers or emergency response personnel if the vehicle they were operating was responding to an emergency situation at the time the animal was struck.
9.02.011 Owner's responsibility to dispose of dead dogs, cats and household pets. (a) The owner of any dog, cat, or household pet which has died shall dispose of the carcass in a sanitary manner within twenty-four (24) hours of becoming aware of its death.
(b) It is unlawful for any person to place the carcass of an animal, or any portion thereof, in or upon any roadway, park, public place, or upon the private property of another without the express consent of the property owner or possessor.
9.02.012 Disposition of dead dogs, cats and household pets upon request.
It shall be the duty of the Division, upon the request of any owner of any dead dog, cat or household pet which was kept or maintained in the county immediately prior to its death, or upon the request of any person discovering a dead dog, cat or household pet upon his or her premises or upon any public road, highway, street, alley, square, park, school ground or other public place, or in or upon any lot or premises, to forthwith bury or dispose of the animal in such manner as may be prescribed by law.
The Division may charge and collect fees, which may be set by resolution of the Board of Supervisors, for the transportation and disposal of the dog, cat or household pet from the owner or person having had possession or control of the animal if same can be ascertained.
9.03 DOGS AND CATS
9.03.001 Microchipping required.
(a) All dogs and cats over the age of four months must be implanted with an identifying microchip.
(b) This provision shall not apply to:
(1) Dogs or cats for which a veterinarian licensed to practice within the state of California has issued a certificate indicating that such procedure would pose a
serious risk to the health or life of the Animal. Such certificate shall be issued in a form as prescribed by the Division.
(2) Dogs or cats over eight years of age on January 1, 2022. (c) Any dog or cat without a microchip impounded by the Division shall be microchipped prior to redemption or adoption.
9.03.002 Animal keeping limitations – Dogs and cats
(a) Except as provided by section 9.03.003, no person may keep, harbor, or maintain more than three dogs, nor more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation located within the County, nor may any person allow to be kept, harbored, or maintained more than three dogs, or more than three cats, over the age of four months on any single lot, premises, dwelling, or living accommodation controlled by them and located within the County.
(b) This section shall not apply to any duly permitted commercial animal operation
9.03.003 Animal keeping limitations - Variance to
(a) The Division may issue a permit for a variance to the limitations on Animal keeping as established by 9.03.002. The issuance of such a permit shall be at the discretion of the Chief Animal Control Officer taking into consideration the following:
(1) the type and characteristics of the animals to be kept, (2) the type and quality of housing or confinement provided for the animals, (3) the ability of the Owner to maintain the animals in a manner which minimizes undue impact on adjacent neighbors,
(4) laws, ordinances, regulations and rules applicable to the keeping of animals at the subject location and
(5) documentation or awareness of prior animal welfare problems or adverse neighborhood impacts related to the keeping or management of animals by the permit applicant.
(b) Permits for a variance to animal keeping limitations shall be issued for the calendar year, or any part thereof, for which the variance is sought. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (c) The Division may assess a fee for the issuance or the annual renewal of a permit for variance. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new
applications submitted after October 1 shall be valid until December 31 of the following year.
(d) A penalty fee may be assessed for permit renewal applications submitted after January 31.
9.03.004 Cats at large
(a) No person shall permit any unaltered cat owned, harbored, or controlled by him to roam at large.
(b) Any person finding a cat roaming at large may, at their own expense, have that animal spayed or neutered by a veterinarian.
9.03.005 Leash law.
(a) No person shall permit any dog owned, harbored, or controlled by him to be in or upon any public roadway, walkway, park or other public area unless securely restrained by a leash and under the direct control of a person competent to exercise full care, custody, and charge over such dog, or unless the dog is at a "heel" beside a person and obedient to that person's command. (b) No person shall permit any dog owned, harbored, or controlled by him to trespass or be upon the private property of another without the express prior consent of the property owner or possessor.
(c) The provisions of this section shall not be applicable:
(1) To any dog actively engaged in the herding of livestock or hunting provided it is obedient to the commands of the person controlling them during these activities; (2) Within the boundaries of any park or other public area specifically designated and authorized by the controlling agency as an off-leash recreational area for dogs; or
(3) Any registered service dogs or dogs associated with search and rescue or law enforcement.
9.03.006 Duty of Division to seize and impound dogs roaming at large.
It shall be the duty of the Division to seize and impound, in a lawful manner and subject to the provisions of this Title, any dog found running at large.
9.03.007 Dogs upon private property.
The owner or possessor of any private property may take up and deliver to the Division, or detain for the Division to pick up, any dog found running at large upon that property.
9.04 IMPOUNDMENT OF ANIMALS
9.04.001 Private individuals finding lost animals.
(a) Any person finding a lost, stray or stolen animal shall notify the Division by any means available within twenty-four (24) hours of the event and provide his or her name, address, phone number, a description of the animal, and the time and location at which it was found.
(b) Any person having custody of a lost, stray, or stolen animal shall surrender such animal to the Division upon demand of the Chief Animal Control Officer. Failure to comply with this provision is a misdemeanor.
9.04.002 Notice of impoundment and holding period
(a) Upon impounding any animal with identification, the Division shall make reasonable efforts to notify the owner or custodian of the impoundment within twenty-four (24) hours, excluding Sundays and holidays. The owner or custodian shall also be notified that the animal must be redeemed within three (3) business days and, that unless so redeemed, the animal may be disposed of in a manner as provided by this Title.
(1) Notification may be made by direct oral communication, telephone message, or posting of written notice at the address listed upon the animal’s identification. (b) The Division shall maintain a listing which includes the description, date of impound, and location taken up for all animals impounded by the Division or reported as found by a private person. This information shall be made available to the public by means of a recorded phone message, website or any other reasonable means deemed appropriate by the Chief Animal Control Officer.
9.04.003 Authority to take up
(a) The Division may take into custody:
(1) Any animal found running at large contrary to the provisions of this Title or other applicable statute.
(2) Any animal delivered to the Division by a peace officer as defined by California Penal Code Sections 830.1-830.9.
(3) Sick, injured, or abandoned animals for which the owner or custodian cannot be located or is unable or unwilling to provide appropriate care. (4) Any animal which presents an active or immediate health or safety risk to the public or other animals.
(5) Any animal whose owner or custodian has failed to provide it with necessary sustenance, drink, shelter, and veterinary care.
(6) Any animal which is confined inhumanely or subject to needless suffering, torment, or otherwise cruel and unnecessary treatment.
(7) Any animal which by law the Division is authorized to impound. (b) Any owner or custodian of an animal who believes that the animal has been unlawfully impounded may request a hearing before the Chief Animal Control Officer to determine the issue of whether it was lawfully seized and impounded. (1) The Chief Animal Control Officer or his or her designee shall conduct such hearing within seven (7) calendar days of the request.
(2) In the event the animal is determined to have been unlawfully impounded, the Division shall refund to the owner or custodian any and all fees associated with the impound other than those associated with the licensure of the animal as required by this Title or those due to any veterinary or special care fees necessary for the health and safety of the animal.
9.04.004 Redemption of impounded animals
(a) The owner or custodian of any animal taken up and impounded under the provisions of this Title may, at any time before the adoption or disposal thereof, redeem such animal by paying to the Division the fees and charges prescribed by this Title and any other applicable statutes which have accrued up to the time of such redemption.
(b) Any person seeking to redeem an animal impounded under the terms of this provision shall demonstrate to the satisfaction of the Division that he or she is the owner or duly authorized custodian of the animal.
(c) Any person who is denied the redemption of an animal shall be provided written notification of the basis of the denial and afforded the opportunity to make the corrections necessary to secure the redemption of the Animal during which time the Animal shall remain in the Division’s custody.
(d) Any Person who is denied the redemption of an Animal may request a hearing before the Chief Animal Control Officer into the validity of the denial. The Chief Animal Control Officer or his or her designee shall conduct such hearing within two (2) business days of the request.
(e) Failure of a person denied the redemption of an animal to implement the necessary corrections or to request a hearing into the denial within seven (7) days shall be deemed abandonment of the animal which may then be disposed of by the Division in a manner provided by this Title.
9.04.005 Vaccination and medical treatment of impounded animals authorized.
The Division is hereby authorized to administer to any impounded animal such vaccinations, preventative medical treatment, or parasite controls as may be deemed necessary to promote the health and welfare of the animal or of other impounded animals. The cost for the administration of such medications or treatment may be included in the calculation and assessment of impound fees.
9.04.006 Holding period – Household pets
(a) Unless otherwise specified within this Title or by California state code, any household pet impounded under the provisions of this Title shall be held by the Division and kept available for owner redemption for a period of no less than three (3) business days, not including the day of impoundment. (b) Calculation of the holding period for animals impounded with current identification as defined by 9.01.0143(u) shall commence upon notification to the owner or custodian of the impoundment. If such notification is not made, the holding period for such animals shall be no less than seven calendar days. (c) Any animal surrendered to the Division by its lawful owner may, at the Division’s discretion, be made immediately available for adoption.
9.04.007 Holding period – Livestock
(a) The Division shall immediately notify the office of the California State Secretary of Agriculture and provide a description of any impounded bovine, horse, mule, or burrow having been found at large.
(b) Any Livestock animal found at large shall be held by the Division and kept available for owner redemption for a period of no less than ten (10) business days, not including the day of impoundment.
(c) The Division may authorize an individual finding any livestock animal other than a bovine roaming at large to maintain custody of the animal pending identification of the owner, provided they keep it adequately confined and provided with appropriate care. If the owner is not identified after thirty (30) days, the finder may establish ownership of the animal as provided in section 9.04.009. The individual finding the animal roaming at large may at any time turn such animal over to the Division.
9.04.008 Impound Fees
(a) Before an impounded animal is released to the owner or custodian, he or she shall pay fees to the Division for the following:
(1) Any applicable license fee and late penalty for the animal; (2) An impound fee which shall be set to increase sequentially for the second, third, and subsequent impounds of the same animal within a one-year period.
The first impound fee shall be waived for any dog wearing a current license tag at the time of impound.
(3) A boarding fee for each day, or portion thereof, that the animal remains in the Division’s custody beginning the day following the date of impound; (4) Any veterinary or special care fees assessed to, or incurred by, the Division as a result of the impound of the animal. Payment of these fees does not constitute a guarantee against any future billing of the owner or custodian by a veterinarian or animal care provider for fees not yet assessed to the Division or for the value of any discounted service provided to the Division. (5) Any other fee established within the provisions of this Title or by California state statute.
(b) The above fees shall be set by the Board of Supervisors by ordinance or resolution and may be amended from time to time.
(c) Any owner or custodian who refuses or fails to redeem an animal upon notification of its impoundment shall remain liable for all costs associated with its impoundment and incurred through the duration of its holding period.
9.04.009 Adoption of unredeemed animals
At any time after the expiration of the applicable holding period, the Division may, without further notice and without advertising in any manner, adopt out any animal not reclaimed or redeemed provided that:
(a) No animal be adopted, given, or otherwise transferred to any individual, organization, or business for the purpose of being utilized in biomedical, pharmaceutical, or other laboratory testing or research. (b) No dog or cat shall be adopted, given, or otherwise transferred to any person, organization, or business, other than a non-profit humane organization, unless it has been previously spayed or neutered, or unless a veterinarian licensed to practice in the state of California certifies that it is too sick to undergo such a procedure, in which case the adopter shall pay to the Division a deposit of no less than fifty dollars ($50).
(1) The deposit shall be returned to the adopter upon provision of proof of alteration to the Division.
(2) Failure to provide proof of alteration or a renewed veterinarian’s certification that the animal remains too ill to undergo surgery to the Division within sixty (60) days of the date of the deposit shall result in forfeiture of the deposit.
9.04.010 Euthanasia of animals
(a) Any impounded animal which, upon the conclusion of its holding period, has not been redeemed by its owner or which has not been adopted may be humanely euthanized by the Division in its discretion.
(b) Any owner surrendered animal which has not been reclaimed by its owner within a period of time equivalent to the holding period for impounded stray animals as set forth in 9.04.006 may be humanely euthanized by the Division in its discretion.
(c) Any impounded or owner surrendered animal, regardless of its holding period, may be euthanized by the Division upon diagnosis or recognition of an illness or injury causing irremediable suffering.
(d) The Division may provide for the humane euthanasia of animals upon request and certification by the owner that the animal:
(1) Has an illness or injury causing substantial suffering, discomfort, or malaise; or (2) Demonstrates unprovoked aggression towards people or domestic animals; or (3) Demonstrates undesirable behavior which is unmanageable and incompatible with the keeping of the animal as a domestic pet.
9.05 ANIMAL BREEDING AND SALES
9.05.001 Animal breeding – Permit required.
(a) No person, firm, corporation, or association shall breed with the intent to sell, nor offer for sale, any animal of a type normally kept as a household pet without having first obtained the appropriate permit from the Division. (1) In the event that the breeding operation qualifies as a hobby breeder under the definitions of this Title, the permit type issued shall be that of a hobby breeder permit.
(2) All other breeding operations shall be permitted as a commercial animal operation.
(b) Application, approval, and maintenance of this permit shall be independent of, and in addition to, any other permits required by this code. (c) Issuance of a permit under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other
municipal, county and state regulations, ordinances, and laws related to the keeping, breeding and/or sale of animals.
9.05.002 Advertisement of animals for sale.
Any hobby breeder or commercial animal operation offering the sale of a household pet shall include the permit number issued for that operation in any print, electronic, or other form of advertisement.
9.05.003 Hobby breeder permit – Inspection required.
(a) The Division shall conduct an inspection of the associated animal facility upon receipt of an application for a new hobby breeder permit and from time to time as may be deemed necessary by the Chief Animal Control Officer to ensure appropriate animal care and management.
(b) Routine hobby breeder permit inspections may be conducted without prior notification to the permit holder or applicant during the normal business hours of the Division.
(c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose.
(d) Refusal of an applicant or permit holder to allow an inspection shall be grounds for denial or revocation of the hobby breeder permit.
9.05.004 Hobby breeder permit – issuance and revocation. (a) An applicant shall be issued a hobby breeder permit by the Chief Animal Control Officer upon successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by the Board of Supervisors.
(b) A hobby breeder permit may be immediately denied, suspended, or revoked by the Chief Animal Control Officer upon due investigation and determination that:
(1) The issuance of such permit creates, is likely to create, or promotes a public nuisance; or
(2) The permit holder or applicant has failed to maintain the premises in a clean, sanitary condition and poses an unreasonable risk to the health, safety and welfare of the animals residing at the premises; or
(3) The permit holder or applicant has failed to provide appropriate care, housing, or confinement for the animals in his or her keeping; or
(4) The permit holder, applicant, or other resident of the property for which the permit is sought has been convicted of any offence involving a violation of Section 597 of the California State Penal Code or any other equivalent municipal, county, or state law or code.
(5) The permit holder or applicant is maintaining or breeding animals in violation of municipal, county, or state law or code.
(c) In the event a hobby breeder permit is suspended or revoked, the holder of the permit shall be given an opportunity for a hearing before an impartial hearing officer from outside of the Division, within forty eight (48) business hours of the time of suspension. Upon conclusion of the hearing, the hearing officer may decide to:
(1) Dismiss the suspension or revocation and reinstate the permit with or without conditions; or
(2) Suspend or revoke the permit.
This hearing shall be conducted in accordance with procedures adopted by the Division and the hearing officer’s decision shall be final.
9.05.005 Hobby breeder permit – Term, fee, and delinquency. (a) Hobby breeder permits shall be issued for the calendar year, or any part thereof, during which the operation is maintained. Each permit shall expire on December 31 of the current year.
(b) The Division may assess a fee for the issuance or the annual renewal of a hobby breeder permit. No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year.
(c) A renewal application may be submitted at any time during the calendar year without penalty, provided that such application is made prior to the breeding of the animals to be covered by the permit. In the event that a renewal application is not submitted prior to the breeding, the Division may assess a penalty fee.
9.05.006 Report of animal sales.
Any holder of a hobby breeder permit shall report in writing the sale of any dog or cat to the Division within thirty (30) days of the event. Such report shall include:
(a) Date of sale;
(b) Species, breed, age, sex, and color of the animal; and
(c) Name and physical address of purchaser.
9.06 COMMERCIAL ANIMAL OPERATIONS
9.06.001 Commercial animal operation - Permit required. (a) No Person shall conduct any commercial breeding, kennel, stable, pet shop or other commercial animal operation as defined in this Title without first obtaining the appropriate permit from the Division.
(b) Issuance of a permit to operate under this section does not supersede, negate, or otherwise eliminate the requirement of an animal owner or keeper to comply with all other municipal and or county regulations and ordinances related to the sale or keeping of animals.
9.06.002 Commercial animal operation permit - Operational standards. (a) The Division shall establish minimum standards of sanitation, animal care, and animal housing for the operation of a commercial animal facility. In the event that another law or regulation sets forth different standards regarding the sanitation, care and housing of animals at the facility, the more restrictive law or regulation shall control.
(b) Failure of a permit holder to correct a deficiency in operational standards upon notification by the Division constitutes an infraction.
9.06.003 Commercial animal operation permit – Inspection required. (a) The Division shall conduct an inspection of the associated animal facility upon receipt of an application for a new commercial animal operation permit and from time to time as may be deemed necessary by the Chief Animal Control Officer to ensure appropriate animal care and management.
(b) Routine commercial animal operation permit inspections may be conducted without prior notification during the normal business hours of the permitted animal facility.
(c) Inspections conducted in conjunction with an investigation of alleged or suspected animal welfare concerns or permit violations may be conducted as necessary for that purpose.
(d) Refusal of an applicant or permit holder to allow an inspection may be grounds for denial or revocation of the permit.
9.06.004 Business license required.
(a) Unless exempted by County or municipal code, no person, firm, corporation, or association may erect, establish, or maintain any commercial animal operation without first obtaining a business license from the jurisdiction wherein the operation is located.
(b) Such business license shall be issued in a form and for a duration prescribed by the issuing authority.
9.06.005 Emergency notification.
The owner or operator of a commercial animal operation shall post in a conspicuous location, where it may be seen outside the locked premises, a notice listing the names and telephone numbers of persons who may be contacted in the case of any emergency.
9.06.006 Commercial animal operation permit – Issuance, suspension and revocation (a) An applicant shall be granted a commercial animal operation permit by the Chief Animal Control Officer upon submittal of a complete application, successful completion of an inspection of the associated animal facility and payment of any associated fees as may be established by resolution or ordinance by the Board of Supervisors.
(b) Any permit issued under this Title may be suspended or revoked by the Chief Animal Control Officer upon the determination that:
(1) The permitted operation creates, is likely to create, or promotes a public nuisance; or
(2) The permittee, their agents or employees have failed to maintain the premises in a clean, sanitary condition; or
(3) The permittee, their agents or employees have failed to provide appropriate care or housing for the animals in their keeping; or
(4) The permittee, their agent, or employee has been convicted of any offense involving a violation of Section 597 of the California State Penal Code; or (5) The Division determines that the application included any materially false information; or
(6) The permittee, their agents or employees have failed to meet the operational standards established by the Division for a commercial animal operation or have otherwise violated any other rule or regulation related to the operation of a commercial animal operation.
(c) Prior to the suspension or revocation of any permit issued under this title, the Division shall conduct a hearing into the basis for such suspension or revocation.
(1) Notice of the hearing shall be mailed to the permittee or posted at the location of the permitted operation at least five (5) days prior to the date of the hearing. (2) Written notice of the hearing findings shall be mailed to the permittee or posted at the location of the permitted operation.
(3) Any order to suspend or terminate a permitted operation shall become effective no sooner than seven (7), nor more than thirty (30), calendar days from the date of issuance.
9.06.007 Commercial animal operation permit - Appeal of denial, suspension, or revocation (a) The applicant or holder of a Commercial Animal Operation permit which has been denied, suspended, or revoked may appeal the decision to the Board of Supervisors by submitting a written request to the Clerk of the Board within seven (7) days of the issuance of such decision. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permitee and to the Division. (b) The Board of Supervisors, or their designee, shall hear the evidence offered by the Division and by the applicant or permitee and shall forthwith decide the issue. (c) The decision of the Board of Supervisors, or their designee, shall be final.
9.06.008 Commercial animal operation permit – Term, fee, delinquency, fee exemption (a) Commercial Animal Operation permits shall be issued for the calendar year, or any part thereof during which the operation is maintained. Each permit shall expire on December 31 of the current year, provided that such permit may be renewed without penalty on or before January 1 of the next year. (b) The Division may assess a fee for the issuance or the annual renewal of a permit which shall be established by resolution or ordinance by the Board of Supervisors.
No proration of the fee shall be made for new permit or renewal applications submitted after January 1, provided that permits issued for new applications submitted after October 1 shall be valid until December 31 of the following year. (c) A penalty fee may be assessed for permit renewal applications submitted after January 31. The penalty fee shall be established by resolution or ordinance by the Board of Supervisors.
(d) Non-profit humane organization conducting a commercial animal operation are exempt from the assessment of permit fees provided that they submit documentation of their Internal Revenue Service designation as a 501(c)3 organization at the time of application and that they submit their renewal application prior to January 31.
9.07 LICENSING
9.07.001 Dog license - Required.
(a) All dogs, including dog hybrids, over the age of four months and being kept or maintained in the county of San Luis Obispo for more than thirty (30) days in any one year period shall be licensed through the Division. (b) The owner, or the owner’s agent, of any properties upon which a tenant keeps, harbors, or maintains a dog subject to the licensing requirements established by this section may, along with the animal owner, be jointly and severally liable for penalties related to violations of subsection (a).
(c) It shall be the responsibility of the Division to administer those processes related to the issuance of such license, including but not limited to the:
(1) Receipt and processing of applications for licensure; (2) Distribution of license tags; and
(3) Maintenance of all records related thereto.
9.07.002 Dog license – Exemptions.
The provisions of this title requiring the licensing of dogs shall not apply to:
(a) Dogs on sale in a duly licensed and permitted pet shop or commercial animal operation.
(b) Dogs owned by a duly licensed and permitted commercial animal operation, provided that the animal is housed or maintained at the permitted facility. (c) Every dog that is exempt from licensing requirements shall still be vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs, unless such animal would otherwise be exempt from the vaccination requirement as provided in section 9.08.003.
9.07.003 Dog license – Vaccination required.
The Division shall not license any dog which has not been vaccinated against rabies infection with a vaccine approved by the California Department of Public Health for use in dogs or which has not been issued an exemption to the requirement for rabies vaccination as provided for in section 9.08.003.
9.07.004 Dog license term.
Each dog license shall be valid for a period of up to three years from the date of issuance, provided that the term of validity may not extend beyond the expiration date of the animal’s rabies vaccination. In the event that a dog has been exempted from rabies
vaccination as provided for in section 9.08.003, the term of the license shall be for one year.
9.07.005 Rabies deposit fee required.
Any person procuring a dog license without a valid rabies vaccination for reason of redeeming an impounded animal or clearing a citation will pay a rabies deposit fee which shall be established by resolution or ordinance by the Board of Supervisors.
This deposit is refundable upon proof of current vaccination through normal county refund procedures. Proof of rabies vaccination shall be made to the Division within thirty (30) days or the license will be void and the deposit forfeit.
9.07.006 Dog license tags.
Upon exhibition of the proper evidence of vaccination and payment of the license fee, the Division shall deliver to the person making such payment a metal tag with a unique identification number and the words "San Luis Obispo County, CA" stamped thereon. This tag shall be worn at all times by the dog for which it was issued. If the dog is exempted from vaccination as established by section 9.08.003, the dog tag shall have a distinguishing mark as evidence of such fact.
9.07.007 Assistance animal tags.
Any assistance animal identification tag issued by the Division in compliance with California Food and Agriculture Code Section 30850 shall also serve as the license tag for the dog to which it was issued.
9.07.008 License fees.
(a) The Division shall assess a fee for each license issued. Such fee shall be established by resolution or ordinance by the Board of Supervisors. (b) A late penalty may be assessed in addition to the standard licensing fee for any license renewal which is more than thirty days delinquent or for any new license application which is submitted more than thirty days after the requirements established in 9.07.001(a). Such fee shall be established by resolution or ordinance by the Board of Supervisors.
(c) A reduced fee shall be assessed to senior citizens providing proof of age, provided that the licensed animal has been altered. For the purposes of this section, “senior citizen” shall be interpreted to mean any person over the age of sixty-five.
9.07.009 License fee - Waived.
The licensing fee shall be waived for:
(a) Dogs which have been issued an assistance animal identification tag as established by California Food and Agriculture Code Section 30850; and (b) Dogs owned, appropriately trained and utilized by a public agency for the purpose of assisting in law enforcement, search and rescue, or military activities; dogs being trained for such purpose; dogs kept as breeding stock for such purpose; or dogs previously utilized and retired from such purpose.
9.07.010 Counterfeiting prohibited.
It is a misdemeanor for any person to counterfeit a license tag, to remove a valid tag from a dog with the intent of affixing that tag to another dog or transferring that tag to another person, or to knowingly possess or place on a dog any such tag.
9.08 RABIES CONTROL
9.08.001 Rabies vaccination required – Dogs.
(a) The owner or custodian of any dog or dog hybrid over the age of four months shall procure its vaccination against rabies virus infection. (b) Every dog so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health.
9.08.002 Rabies vaccination required – Cats.
(a) The owner or custodian of any cat or cat hybrid over the age of four months which is allowed to roam at large shall procure its vaccination against rabies virus. (b) Every cat so vaccinated shall be revaccinated at an interval consistent with the labeling directions for the specific vaccine and as approved by the California Department of Public Health for so long as it is allowed to roam at large.
9.08.003 Exemptions from rabies vaccination requirements. (a) The requirement for rabies vaccination for any dog or cat may, upon the approval of the Chief Animal Control Officer, be waived for a period of up to one year following the submission of a certification by a veterinarian listing a specific medical diagnosis or condition affecting the animal and stating that due to such condition the administration of a rabies vaccination poses a grave or lifethreatening risk to the animal. The form of such certification is to be specified by the Chief Animal Control Officer.
(b) Advanced age alone does not constitute a basis for the waiver of rabies vaccination requirements.
(c) Any animal so exempted from rabies vaccination shall be restricted to the enclosed yard or premises of the owner or keeper unless it is securely constrained by a leash no more than six feet in length.
9.08.004 Rabies vaccination – Administration, certificates, and reporting. (a) Vaccination against rabies infections shall be performed by a duly qualified and licensed veterinarian using a vaccine of a type approved for use in that species of animal by the California Department of Public Health.
(b) The veterinarian performing the vaccination shall issue to the owner or custodian of the animal a certificate of vaccination which shall include:
(1) The manufacturer and type of vaccine used;
(2) The date of the vaccination;
(3) The duration of vaccination;
(4) A true description of the animal to which the vaccination was administered, including species, age, breed, sex and color; and
(5) The name and address of the owner or custodian of the animal. (c) A copy of the vaccination certificate shall be sent by the veterinarian to the Division within thirty days of said vaccination.
9.08.005 Reporting of bites.
Any person bitten by a dog, cat, raccoon, skunk, bat, fox, coyote, bobcat, or other animal of a species subject to rabies infection, any parent or guardian of a minor child so bitten, any physician or healthcare provider treating a person so bitten, and any other person having knowledge of a person so bitten shall, within twenty-four (24) hours, notify the Division and report, if known:
(a) The name, address, and phone number of the person bitten; (b) The type of animal inflicting the bite;
(c) The name, address, and phone number of the owner of the animal; and (d) The time, date, and circumstances under which the bite occurred.
9.08.006 Biting Animals - Penalty.
It is a misdemeanor for any person to permit any animal owned, harbored or controlled by him or her, to inflict upon any human being a bite that penetrates the skin while the person bitten is on any public place, or lawfully upon any private property.
9.08.007 Isolation of biting and rabies exposed animals. (a) Any domestic animal of a species subject to infection by the rabies virus and which has bitten a person shall be quarantined for a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of the quarantine shall be at the discretion of the Chief Animal Control Officer. In the event that no time period for the quarantine is established by the California Code of Regulations, the duration of quarantine shall be set by the Chief Animal Control Officer in his or her reasonable discretion. (b) Any domestic animal of a species subject to infection by the rabies virus and which has been exposed to a known or suspected rabid animal shall be quarantined for a period of time as established by Title 17 of the California Code of Regulations Section 2606. The location and manner of quarantine shall be at the discretion of the Chief Animal Control Officer. In the event that no time period for the quarantine is established by the California Code of Regulations, the duration of quarantine shall be set by the Chief Animal Control Officer in his or her reasonable discretion.
(c) Any hybrid animal which has been vaccinated against rabies infection shall, for the purposes of administration of this section, be considered unvaccinated unless such vaccine was specifically labeled and approved by the California Department of Public Health for administration to hybrid animals.
(d) Upon the request and consent of the owner or custodian, an animal subject to quarantine under the provisions of this section may be euthanized prior to the conclusion of the quarantine period provided that the animal’s remains are submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection.
(e) The Chief Animal Control Officer or his or her duly authorized agent is hereby empowered to enter upon any private property, including the home or residence where an animal is kept or has strayed, to inspect, and if necessary to seize and impound any animal for the purpose of enforcing this section. (f) Any person who fails to produce and relinquish upon demand of the Division any animal subject to isolation under the terms of this section, disobeys any isolation order issued by the Division, or removes from its place of confinement any animal under quarantine without the consent of the Division is guilty of a misdemeanor.
9.08.008 Suspicion of rabies
(a) Any Person having ownership or custody of an animal demonstrating symptoms indicative and suggestive of rabies infection, or any veterinarian treating such an animal, shall immediately notify the Division.
(b) Upon certification by a veterinarian that an animal is demonstrating signs indicative and suggestive of rabies infection, the Division may cause the animal to be humanely euthanized and the remains submitted for diagnostic testing in a manner consistent with established medical practice for the assessment of rabies infection.
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
THIS CONTRACT, entered into by and between the County of San Luis Obispo, a public entity the State of California, ("County") and, the City of Grover Beach, an incorporated city in the State of California, ("City").
WITNESSETH:
WHEREAS, County has established the Division of Animal Services to provide animal care and control functions including the enforcement of the ordinances of San Luis Obispo County Code Title 9 and of California state codes pertaining to the care, keeping, and management of animals; and
WHEREAS, County, through Animal Services, maintains and operates an animal shelter and a humane education program; and
WHEREAS, City is desirous of contracting with County for the provision of such services;
NOW THEREFORE, in consideration of the covenants, conditions, agreements, and stipulations set forth herein, the parties hereby agree that County shall perform the services described herein for the compensation set forth herein, subject to the terms and conditions set forth herein.
1. Services. The parties agree to perform the services described in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full at this point.
2. Compensation. The parties agree to the compensation described in Exhibit B, attached hereto and incorporated herein by reference as if set forth in full at this point.
3. Duration. The parties agree to the duration described in Exhibit C, attached hereto and incorporated herein by reference as if set forth in full at this point.
4. General Conditions. The parties agree to the general conditions described in Exhibit D, attached hereto and incorporated herein by reference as if set forth in full at this point.
5. Notices. Notices required in this contract shall be provided to:
COUNTY
Eric Anderson, DVM
Animal Services Manager
885 Oklahoma Ave.
San Luis Obispo, CA 93406
CITY
John Peters
Chief of Police
711 Rockaway Ave
Grover Beach, CA 93433
Attachment 2
IN WITNESS WHEREOF, County and Contractor have executed this Contract on the day and year set forth below.
CITY OF GROVER BEACH
An Incorporated City in the State of California
By: _____________________________________________ Date:______________________ Karen Bright, Mayor
By: _____________________________________________ Date:______________________ Wendi Sims, City Clerk
Approved as to form and legal effect:
DAVID HALE
CITY ATTORNEY
By:_________________________________ Date:_______________________ David Hale, City Attorney
COUNTY OF SAN LUIS OBISPO,
A Public Entity in the State of California
By: _________________________________ Date: _______________________ Chair, Board of Supervisors
ATTEST:
WADE HORTON
Ex-Officio Clerk of the Board of Supervisors
By: _______________________________
Deputy Clerk
Approved as to form and legal effect:
RITA L. NEAL
COUNTY COUNSEL
By: _______________________________ Date: _______________________ Deputy County Counsel
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT A - SCOPE OF SERVICES
1. County Obligations. The County shall perform the following duties:
a) ShelterServices
i) Maintain, or cause to be maintained, an animal shelter whereat stray, owner surrendered, confiscated, quarantined and custodially impounded household pets are received and provided with appropriate care, housing, and shelter services in accordance with state regulations, local ordinances, and policies governing the humane treatment of such animals.
ii) Provide services allowing sheltered animals to be returned to their owners, adopted into new homes, or to be humanely euthanized.
iii) Provide for the receipt and publication of lost and found animal reports. iv) Provide services for the humane euthanasia of household pets and for the disposal of their remains.
b) Field Services
i) Receive and respond to public calls for service related to alleged violations of local or state codes pertaining to the care, keeping, treatment, and management of animals.
ii) Provide for the response to any of the following circumstances 24 hours a day, seven days a week:
(1) Domestic animals posing an active and present threat to public safety. (2) Domestic animals which are severely injured, sick, or in eminent risk and whose owner is unknown or unavailable.
(3) Domestic or wild animal demonstrating signs of possible rabies infection. (4) Calls for assistance from law enforcement or emergency response personnel. (5) Reported animal bites where the animal remains in the area unconfined and whose owner is unknown or unavailable.
(6) Loose livestock roaming on roadways or other public areas.
iii) Provide for the response to any of the following during Animal Services' normal business hours:
(1) Pick-up and impoundment of unlimited numbers of stray confined domestic animals.
(2) Pick-up and disposal of unlimited numbers of dead domestic animals from roadways, parks, and other public areas.
(3) Pick up and transfer to shelter of owned animals for surrender or euthanasia. (4) Pick up of dead owned animals for disposal.
iv) Provide for the necessary medical treatment and emergency care for domestic animals picked up by Animal Services personnel and for those domestic animals presented directly to veterinarians by private citizens and emergency response personnel.
v) Provide for the receipt, processing and investigation of animal bite reports as well as the subsequent quarantine of animals in accordance with state codes pertaining to rabies control.
vi) Request assistance from the San Luis Obispo County District Attorney's Office Bureau of Investigations when an animal bite results in significant injury causing death or likely to cause death or in any case Animal Services believes may require significant criminal investigation beyond the experience of Animal Services Officers.
vii) Receive and respond to reports of animals, domestic or wild, which are suspected to be rabid or to have been exposed to rabies infection and attempt to affect their capture. Captured animals will be processed in accordance with state codes pertaining to rabies control.
viii) Receive and process all applications related to the keeping and sale of household pets; inspect and regulate permitted operations in accordance with local and state codes.
ix) Provide for the recording, investigation, administrative hearings, and issuance of findings and orders related to animal nuisances, animal seizures or confiscations, and dangerous or vicious animals. Nuisances which remain unresolved following the issuance of an abatement order will be processed to court through the City Attorney’s office. This provision does not waive, impair or affect the prosecutorial discretion of the City Attorney to take matters to court.
x) Assist in the preparation and filing of court documents related to the civil and/or criminal prosecution of cases involving violation of municipal codes pertaining to the care, treatment, and keeping of domestic animals. xi) Provide for the preparation, filing and civil or criminal prosecution of cases involving violations of California state codes pertaining to the care, treatment, and keeping of domestic animals.
c) Reporting: Provide to the City bi-annual service activity and financial reports reflecting field services, licensing, shelter operations, and humane education programs. Reports will detail this information for both the individual quarter and year-to-date. d) Collaboration: Participate collaboratively with the City in regards to matters impacting the provision of animal care and control services. County shall not append or modify the provisions of Title 9 of the San Luis Obispo County Code without having first consulted with the City.
2. City Obligations. The City shall perform the following duties:
a) Ordinance Conformity: Adopt, either by direct incorporation in the municipal code or by way of reference, animal control ordinances which are in conformity to and are not in substantial conflict or in variation from Title 9 of the San Luis Obispo County Code
b) Prosecution of Municipal Code Violations: Through the City Attorney, provide for the preparation, filing and civil or criminal prosecution of cases involving violation of municipal codes, pertaining to the care, treatment, and keeping of animals, including all such codes incorporated into the municipal code by way of reference. c) Assistance: Provide such assistance and support to Animal Services personnel as that may be reasonably necessary to safely and effectively execute the operations required by this contract within the City limits.
3. Animal Care and Control Coordination Group: The County and City agree that Animal Services is a shared interest of all parties and that all participating jurisdictions will share in the cost and revenue generated based on actual costs and fees generated in each jurisdiction. Further, policy-setting and procedure development will happen in a collaborative manner, with all participating jurisdictions having input into the best way to conduct these services in San Luis Obispo County.
To coordinate efforts, the participating jurisdictions, including the City and County agree to meet and confer periodically to discuss current issues as they relate to the fiscal and practical application of this contract, along with other potential items identified by the group. Such meetings shall be coordinated by the Health Agency Director from time to time as necessary, but no less than once quarterly.
This group commits to a goal of reducing animal intakes and total animal nights by an average of 5% annually for the next five years while maintaining the compassionate and responsible provision of services and improving Animal Services revenues to decrease the net cost of services. The targeted reductions are to be accomplished primarily by reducing the need for services and the costs of those services, not by reducing or denying needed services.
As part of this commitment, the County agrees to develop performance benchmarks and communicate them quarterly to the group on the following:
a) Cost of Services/per Capita (by City) over time.
b) Cost of services/per City over time.
c) Number of Full-Time Equivalent (FTE) positions within Animal Control over time. d) Number of field FTE within Animal Control over time. e) Geographical Information Service (GIS) heat maps of calls for service over time by City (requested development from County IT Department, maps to be provided when available).
f) Average response times by call types over time by City. g) Percentage of animals licensed by the City over time. h) Other data points charted out over time that were used to spread out the Animal Shelter costs.
In the first quarter of year one of this contract, the group will propose Ordinance updates aimed at lowering domestic animal populations and costs and increasing animal services related revenues. The County agrees to present the collaborative Ordinance updates for consideration by the County Board of Supervisors. The City agrees to present the Ordinance updates for consideration by their City Council.
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT B - COMPENSATION
1) First Year Service Fee: The City agrees to pay to the County the amount of $81,877 for services provided under this Contract during the first year of service. 2) Subsequent Years’ Service Fee: The County shall compute on an annual basis a service fee assessed to the City for services provided under this Contract. 3) Timing of Service Fee: The County shall calculate annual service fees and provided them to the City prior to April 15th of each year, with service fees becoming effective on July 1st of that year. No further action by either party is necessary to implement new fees in subsequent years.
4) Service Fee Methodology: The County shall use a service-based methodology for determining city service fees. The service-based methodology shall be based on four key facets of Animal Services' operations:
• Field Service
• Licensing
• Shelter Operations
• Education Services
a) Determination of Cost of Service - The cost of providing services to the City will be calculated by determining the average percentage of service allocated to the City over the preceding three years for each of the four facets of operations and multiplying this percentage against Animal Services operational cost for each facet. Combined, this then represents the City's total service cost in proportion to the County and all other contracting parties.
b) Credit for Fees - The average annual revenue generated from fees or fines assessed directly to residents of the City by Animal Services over the preceding three years will be applied against the City's total service cost.
c) Determination of Service Fee - The fee assessed to the City for provision of services outlined in this contract shall be determined by subtracting the average revenue as determined by item 4b of this exhibit from the average cost of service as determined by item 4a of this exhibit.
5) Billing: County shall bill City for contracted services in quarterly increments. City shall remit payment to the County within thirty (30) days of receipt of billing.
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT C - DURATION
1) Effective Date: This contract shall be effective July 1, 2022, or fifteen (15) days following of the date of the signature of the County, whichever is later. The County shall be the last to sign this contract.
2) Service Date: City and County acknowledge that the services provided under this contract are a continuation of those established during the preceding contract term and that these services may have been provided uninterruptedly between July 1, 2022, and the date of execution by the County in order to ensure the interest of public service. a) Both City and County expressly and retroactively authorize the provision of these services.
b) For the purposes of billing and determination of the First Year Service Fee as provided in Exhibit B, the first year of service will be presumed to have begun on July 1, 2022. 3) Duration: The term of this Contract shall expire June 30, 2025, unless terminated sooner as provided in Exhibit D.
CONTRACT FOR
ANIMAL CARE AND CONTROL SERVICES
EXHIBIT D - GENERAL CONDITIONS
1) Termination: Either party may terminate this contract at any time by giving the other party thirty (30) days written notice of termination. Termination for convenience shall have no effect upon the rights and obligations of the parties arising out of any services provided occurring prior to the effective date of such termination. County shall be paid for all work satisfactorily completed prior to the effective date of termination. In the event that the contract is terminated prior to the conclusion of a quarterly billing cycle, the City shall remit to the County a prorated amount based upon the number of days of service relative to the total number of days in the billing cycle.
2) Indemnification: Nothing in the provisions of this Contract is intended to create duties or obligations to, or rights in third parties not party to this contract or affect the legal liability of either party to contract, by imposing any standard of care respecting the regulation and enforcement of laws regarding animals different from the standard of care imposed by law.
It is understood and agreed that neither City, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the County under or in connection with any work, authority or jurisdiction delegated to the County under this Contract. It is also understood and agreed that pursuant to Government Code 895.4, County shall defend, indemnify and save harmless the City, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by the County under this Contract except as otherwise provided by Statute.
It is understood and agreed that neither County nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Contract. It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall defend, indemnify and save harmless the County, all officers and employees from all claims, suits or actions of every name, kind and description brought forth on account of injuries or death of any person or damage to property resulting from anything done or omitted to be done by City under connection with any work, authority or jurisdiction delegated to the City under this Agreement except as otherwise provided by Statute.
3) Notices: Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other shall be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing.
Notices for County shall be addressed to:
Eric Anderson
Animal Services Manager
885 Oklahoma Ave.
San Luis Obispo, California 93406
Notices for Contractor shall be addressed to:
John Peters
Chief of Police
711 Rockaway Ave Grover
Beach, CA 93433
4) Status of the Parties' Officers/Employees/Agents: Neither party’s officers, employees, agents, partners, other contractors or subcontractors shall be deemed to be employees of the other party at any time. Nothing in this contract shall be construed as creating a civil service employer - employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other party shall be eligible for membership in or receive benefits from any plan for hospital, surgical, or medical insurance, or be eligible for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, appeals to the Civil Service Commission or any other benefits which inures to or accrues to an employee of the other party. The only performance and rights due the other party are those specifically stated in this contract. 5) Governing Law and Venue: This Contract shall be governed by and construed in accordance with the laws of the State of California. Additionally, this contract has been formed and shall be performed in San Luis Obispo County; the venue for any legal action on the contract shall be in San Luis Obispo County.
6) Entire Agreement: This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the prior written agreement of the parties.
7) Severability: In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract.
8) Successors and Assigns: This Contract shall be binding upon and insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 9) Captions: The captions to the various clauses of this Contract are for information purposes only and shall not alter the substance of the terms and conditions of this Contract. 10) Authorization: Each of the parties represents and warrants to the other that this Contract has been duly authorized by all necessary corporate or governmental action on the part of the representing party and that this Contract is fully binding on such party.
City of Grover Beach Contract FY 2022-25 First Amendment
FIRST AMENDMENT TO CONTRACT FOR ANIMAL CARE AND CONTROL
SERVICES
This First Amendment to Contract for Animal Care and Control Servies (“First Amendment”) is entered into by and between the County of San Luis Obispo, a public entity in the State of California, (“County”) and the City of Grover Beach, a California municipal corporation (“City” or “Contractor”), hereinafter collectively referred to as the “Parties” and individually as a “Party”.
WHEREAS, on December 13, 2022, County and City entered into a Contract for Animal Care and Control Services (“Contract”) for fiscal years 2022-25; WHEREAS, County and City desire to amend the County and City obligations under the Contract;
WHEREAS, pursuant to Exhibit D (“General Conditions”), Section 6 (“Entire Agreement”) of the Contract, the Parties can only modify the Contract by written agreement; and WHEREAS, the Parties now desire to enter into this First Amendment for the purpose of modifying and amending the Contract as set forth herein.
NOW THEREFORE, in consideration of the promises, assurances, and mutual covenants contained in this First Amendment and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Exhibit A (“Scope of Services”, Section 1 (“County Obligations”) of the Contract is amended to add the following paragraph:
e) Animals That Cause Harm: In the event that an animal responsible for causing serious bodily injury (as defined by Penal Code 243(f)(4)) or death to a person dies in the custody of, or is euthanized by, Animal Services, the County shall preserve the bodily remains of that animal until such time as the City has been consulted and approves of its disposal. Nothing in this requirement shall be interpreted to prevent Animal Services from collecting and processing any tissue or body samples required to comply with legally mandated rabies testing requirements or other public health needs.
2. Exhibit A (“Scope of Services”), Section 2 (“City Obligations”) of the Contract is amended to add the following paragraph:
Docusign Envelope ID: AB442659-FB4E-46C6-BEF7-FE3731FB3F9A Attachment 3 City of Grover Beach Contract FY 2022-25 First Amendment
d) Animals That Cause Harm: City shall make immediate notification to the County upon determining that any animal in the custody of Animal Services is believed to have caused serious bodily injury (as defined by Penal Code 243(f)(4)) or death to a person and request that the body of that animal be preserved in the event that it dies or is euthanized while in custody.
3. Section 5 (“Notices”) of the Contract is amended to update the City contact as follows:
CITY
Jim Munro
Chief of Police
711 Rockway Avenue
Grover Beach, CA 93433
4. If a provision of this First Amendment contradicts or is inconsistent with the provisions of the Contract, the provision of this First Amendment shall control. All other terms and conditions of the Contract and any amendments shall remain in full force and effect.
5. The effective date of this First Amendment shall be the date when executed by the County.
6. This First Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which, when taken together, shall constitute one and the same agreement. This First Amendment may be executed and delivered by facsimile, scanned signature, or electronically by any of the Parties and the receiving Party may rely on the receipt of such document so executed and delivered by facsimile, email, or other electronic delivery method, as if the original had been received and shall have the same legal validity and enforceability as a manually executed signature.
IN WITNESS WHEREOF, County and City have executed this First Amendment on the day and year set forth below.
CITY OF GROVER BEACH
An Incorporated City in the State of California
By: _____________________________________________ Date:______________________ Karen Bright, Mayor
ATTEST:
By: _____________________________________________ Date:______________________ Wendi Sims, City Clerk
Docusign Envelope ID: AB442659-FB4E-46C6-BEF7-FE3731FB3F9A City of Grover Beach Contract FY 2022-25 First Amendment
APPROVED AS TO FORM
By: _____________________________________________ Date:______________________ Robert Lomeli, City Attorney
COUNTY OF SAN LUIS OBISPO
A Public Entity in the State of California
By: _____________________________________________ Date:______________________ Chair, Board of Supervisors
ATTEST:
MATT PONTES
Ex-Officio Clerk of the Board of Supervisors
By: _____________________________________________ Date:______________________ Deputy Clerk
APPROVED AS TO FORM
RITA L. NEAL
COUNTY COUNSEL
By: _____________________________________________ Date:______________________ Deputy County Counsel
Docusign Envelope ID: AB442659-FB4E-46C6-BEF7-FE3731FB3F9A 7/17/2024
Agenda Item No. 14
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
SUBJECT: Second Reading and Adoption of an Ordinance to Add a New Section 2801 to Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code to Allow the City Council to Delegate Signature Authority
RECOMMENDATION
Conduct a public hearing and second reading to adopt an Ordinance to add new Section 2801 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code (GBMC) to allow the City Council to delegate signature authority.
BACKGROUND:
In 2023, staff developed an updated Purchasing Policy shown in Attachment 1 to replace the previous outdated code sections and be incorporated by reference into the Grover Beach Municipal Code shown in Attachment 2. (Ordinance 23-02). The Policy defines purchasing authority within the City, provides updated purchasing approval thresholds and provides purchasing procedures to guide staff. The Policy also defines rules and procedures for the use of City credit cards, business tax certificate requirements, contract management and disposal of surplus property. While the Purchasing Policy does provide signature authority for the City Manager under various circumstances, it does not specify that the Council may delegate signature authority for contracts requiring mayoral signatures or the City seal.
Signature Authority
On February 13, 2024, the Council conducted a public hearing regarding the Notice of Funding Availability for 2023 Community Development Block Grant (CDBG) Funds. The Council adopted a resolution, Resolution Number 24-07, authorizing the City Manager to execute and sign documents related to the application and the State’s agreement, funding requests, and reporting forms if the grant is awarded. On March 21, 2024, Department of Housing and Community Development (HCD) staff informed the City that the application for the Ramona Garden Park Rehabilitation Project Phases 1 and 2 was recommended for approval. However, subsequently on June 18, 2024, HCD staff informed the City that the resolution adopted on February 13, 2024 would need to be re-adopted authorizing the Mayor to sign the aforementioned documents.
Given HCD’s position, staff recommends the Council adopt an ordinance to add Section 2801 to Chapter 8 (Purchasing Policy) of Article II of the GBMC to amend the GBMC to provide that the Council may authorize a City officer or employee to negotiate and execute a contract on the City’s behalf without further approval of the Council. This will help streamline these processes and avoid having to seek multiple levels of Council approval.
Staff Report: Second Reading and Adoption of an Ordinance to Delegate Signature Authority Page 2 July 22, 2024
FISCAL IMPACT
The 2023 CDBG application for Ramona Garden Park Rehabilitation Project requested $3.3 million in funding and has been recommended for approval. Official award of the funds is contingent upon addressing any items identified by HCD staff, including the acceptance of the signed documents related to the application.
ALTERNATIVES
The Council has the following alternatives to consider:
1) Conduct a public hearing for the second reading and adoption of an Ordinance to add new Section 2801 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code (GBMC) to allow the City Council to delegate signature authority; or
2) Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Purchasing Policy
2. Existing Ordinance No. 23-02
3. Proposed Ordinance
City of Grover Beach
Purchasing Policy, Version No. 1
As Approved by City Council Ordinance 2023-02
Date:
August 28, 2023
Attachment 1
TABLE OF CONTENTS
CONTENTS
SECTION 1 – OVERVIEW......................................................................................................... 2
1.1 Introduction.................................................................................................................. 2
1.2 Purchasing System...................................................................................................... 2
1.3 Types of Purchases ..................................................................................................... 2 SECTION 2 – PURCHASING AUTHORITIES/RESPONSIBLITIES ........................................... 3
2.1 General Authority......................................................................................................... 3
2.2 Grant Funding.............................................................................................................. 4 SECTION 3 – PURCHASING PROCESS .................................................................................. 5
3.1 Permitted Purchasing Methods .................................................................................... 5
3.2 Purchase Requisitions/Purchase Orders...................................................................... 5
3.2.1. Blanket Purchase Orders/Standard Goods Contracts.......................................................... 5 SECTION 4 – PURCHASING BIDDING AND APPROVAL THRESHOLDS ............................... 6
4.1 Supplies, Materials, Equipment and General Services................................................. 6
4.2 Public Projects ............................................................................................................. 7
4.2 Purchases of Certain Professional Services................................................................. 8
4.3 On-Call Consultant Services ........................................................................................ 9
4.4 Contract Amendments and Change Orders ................................................................. 9 SECTION 5 – BIDDING PROCEDURES ................................................................................... 9
5.1 Request for Bids (RFB)................................................................................................ 9
5.2 Request for Proposals (RFP)....................................................................................... 9
5.3 Request for Qualifications (RFQ) ................................................................................10
5.4 Informal Quotes ..........................................................................................................10
5.5 Bidding Criteria ...........................................................................................................10 SECTION 6 – NO-BID PURCHASING ......................................................................................11
6.1 Low-Cost Purchasing..................................................................................................11
6.2 Sole Source Purchasing .............................................................................................11
6.3 Emergency Purchasing...............................................................................................11
6.4 Cooperative Agreement Purchasing ...........................................................................12
6.5 Routine Expenditures for Utilities, Payroll and Other Services ....................................12 SECTION 7 – CREDIT CARD CHARGES ................................................................................12
7.1 Credit Card Issuance ..................................................................................................12 1 SECTION 8 – BUSINESS TAX CERTIFICATE REQUIREMENT ..............................................14
8.1 Requirement ...............................................................................................................14
8.2 Exceptions ..................................................................................................................14 SECTION 9 – PAYMENT OF INVOICES ..................................................................................15
9.1 Receipt of Goods and Services...................................................................................15
9.2 Invoice Process ..........................................................................................................15 SECTION 10 – CONTRACT MANAGEMENT ...........................................................................15
10.1 Responsibilities...........................................................................................................15
10.2 City Attorney Approval ................................................................................................15
10.3 Execution....................................................................................................................16
10.4 Control of Contract......................................................................................................16 SECTION 11 – DISPOSAL OF SURPLUS PROPERTY ...........................................................16
11.1 General.......................................................................................................................16
11.2 Value Exceeding $5,000................................................................................................16
11.3 Value of $5,000 or Less ..............................................................................................16
11.4 Donations to Other Agencies .........................................................................................17 SECTION 12 – DEFINITIONS...................................................................................................17
11.1 Capital Asset...............................................................................................................17
11.2 Force Account.............................................................................................................17
11.3 Job Order Contract .....................................................................................................17
11.4 Public Project..............................................................................................................17
11.5 Sole Source Purchase ................................................................................................17
11.6 Surplus Property .........................................................................................................18
ATTACHMENTS
A Emergency Purchasing and Disaster Policy .............................................................. 18 B Credit Card Agreement..............................................................................................22 2 SECTION 1 – OVERVIEW
1.1 Introduction
The purpose of this chapter is to guide City of Grover Beach employees in purchasing goods and services on behalf of the City by establishing responsibilities and authorization levels, outlining statutory requirements, and setting forth the policies and procedures that govern purchasing activities.
These guidelines are not intended to address every issue, exception or contingency that may arise in purchasing activities. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of City resources. Any questions about purchasing activities or proper purchasing process should be referred to the Administrative Services Department.
Definitions for certain terms in this policy are included in Section 11 of this policy.
1.2 Purchasing System
Chapter 8 of Article II of the City of Grover Beach Municipal Code (GBMC), which incorporates these Policies (this Purchasing Policy) and the policies and procedures set forth in this chapter shall govern the City’s purchasing system, in addition to applicable sections of the Public Contracting Code to the extent the act preempts local regulations governing public works contracts (see California Public Contract Code Sections 20100, et. seq.). This system has been developed to achieve the following objectives:
• Secure goods and services at the lowest cost possible commensurate with quality requirements and the City’s needs;
• Establish authority, responsibility and accountability for purchasing activities conducted on behalf of the City;
• Ensure appropriate levels of competition and provide equal opportunities for all qualified vendors;
• Standardize procedures where appropriate to achieve consistency in purchasing practices in adherence to City policies and goals;
• Coordinate citywide purchasing for commonly used items.
1.3 Types of Purchases
The type of purchase and the estimated cost of the purchase determine the formality of the process by which the purchase shall be made. The City has identified three basic types of purchases:
• Purchases of Supplies, Materials, Equipment and General Services. Purchases or contracts for supplies and equipment, as well as operating and maintenance services.
• Purchases for Public Projects. Purchases for public projects, as defined by Public Contracting Code Section 20161 (generally, contracts for construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work, including painting of any facility owned, leased or operated by the City and street or sewer work).
3 • Purchases for Certain Professional Services. Professional work provided to the City by specially trained and experienced individuals or firms regarding engineering, planning, architectural, landscape architectural, environmental, land surveying and construction project management.
• Purchases for Services from On-Call Contractors. Purchases of consultant services, made from a list of contractors deemed most qualified via a competitive Request for Statement of Qualifications process and approved by Council. On-call lists must be approved by Council at least every three years.
SECTION 2 – PURCHASING AUTHORITIES/RESPONSIBLITIES
2.1 General Authority
The Table below demonstrates the City’s purchasing authorities and responsibilities:
City Council • Adopt purchasing ordinance
• Adopt resolution to approve
purchasing policy
• Approve changes to the
purchasing policy involving
purchasing thresholds or
authorities
• Approve purchases as required
under Section 4 of this policy
• Delegate authority to City
Manager/staff for purchases within
certain cost thresholds and
approved budget
City Manager • Ensure implementation of
purchasing policies
• Approve administrative changes to
the policy, including changes to
processes and procedures, but
not including changes to
purchasing thresholds or authority.
• Serve as or designate “Purchasing
Agent”
• Award contracts as specified in
Section 4 of this policy
Administrative Services Director (or
designee)
• Develop and implement
purchasing policies and
procedures
4 • Review purchases and contract
awards for compliance with
purchasing policy
• Assist departments in
development of solicitations
• Create, manage and maintain
Blanket Purchase Orders
City Engineer • Approve specifications for public
projects
Public Works Director • Approve Job Order Contract task orders for public projects
Department Heads • Review and approve departmental
purchases and contracts as
specified in Sections 4 and 10
• Approve invoices or payment
requests for departmental
purchases
• Delegate purchasing authority to
department employees as
appropriate
IT Manager • Review all purchases of citywide
or departmental technology
systems, applications, software or
hardware for recommendation on
purchase
Authorized Employees • Purchase, receive and pay for
items in accordance with City
guidelines
• Review (and approve if delegated
by the Department Head) invoices
or payment requests for
departmental purchases
2.2 Grant Funding
Federal, State or other grant programs may require additional conditions that are more stringent than the City’s procedures. It is the responsibility of the department accepting the grant to ensure all grant provisions are complied with. Departments should adhere to Part 200 – Uniform Administrative Requirements for Federal Grants, including the 5 Section 200.318 general procurement standards, which can be found here:
https://www.ecfr.gov/current/title-2/part-200.
SECTION 3 – PURCHASING PROCESS
3.1 Permitted Purchasing Methods
Departments may use three methods to purchase goods and services: Purchase Order/Contract, City Credit Card and Emergency Purchases. The table below summarizes the dollar thresholds and requirements for each method. Note that work may be performed by Force Account, or with internal resources, if the Department Head determines internal resources have the needed ability/expertise and the total cost is less than $25,000.
Purchase Type Dollar Threshold Requirements
Contract/Purchase
Requisition/ Purchase
Order**
Within approved
budget
Must obtain all approvals as required by
Section 4
Credit Card Up to $5,000* Not permitted for purchases for services or Capital assets. Only employees
authorized by Department Heads may
make credit card purchases.
Emergency Purchase Within Budget* for
a General
Emergency
For a Proclaimed
Emergency or
Disaster, refer to
Attachment B
Only permitted if there is an immediate
and serious need that cannot be met
through normal purchasing procedures
that would seriously threaten the
functioning of City government, the
preservation of property or the health
and safety of any person consistent with
approved emergency declaration. All
emergency purchases must be reported
to the Administrative Services
Department as soon as is practicable.
* Limit/amount may be raised with City Manager approval ** Purchase Requisitions and Purchase Orders are not required, pending a new financial system
3.2 Purchase Requisitions/Purchase Orders
3.2.1. Blanket Purchase Orders/Standard Goods Contracts. The Administrative Services Department shall develop contracts and/or Blanket Purchase Orders with vendors for frequently purchased goods. The Administrative Services 6 Department shall maintain a list of citywide contracts and Blanket Purchase Orders for these purchases. City staff must use the City accounts or contracts when making related purchases, unless otherwise authorized by the Administrative Services Department and approved by the City Attorney. [THE REMAINDER OF THIS SECTION IS INTENTIONALLY LEFT BLANK PENDING IMPLEMENTATION OF FINANCIAL SYSTEM]
SECTION 4 – PURCHASING BIDDING AND APPROVAL THRESHOLDS
The required bidding process and level or approvals for any purchase is determined by the type of purchase (see Section 1.3 of this policy) and the cost of the purchase. Most purchases that do not fall within an exception listed in Section 6 of this policy require an informal or formal bidding process (See Section 5 of this policy which defines each bidding process). Note that the buyer for any purchase cannot serve as the approver of that purchase.
4.1 Supplies, Materials, Equipment and General Services The table below summarizes the bidding and approval requirements for purchases of supplies, materials, equipment and general services. Note that all purchases of technology systems, applications, software or hardware must be reviewed by the IT Manager.
Purchase Amount Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 Informal Quotes
Process*
Department Head
approves invoice or
PO
PO or contract
required
$50,001-$100,000 RFB Process City Manager
approves
PO or contract
required
More than $100,000 RFB Process City Council
approves contract
Contract required;
Contracts must be
reported to the City
Council in quarterly
reports
* Generally, staff should seek at least three quotes. A “no-bid” response may be considered a quote for this purpose. 7 4.2 Public Projects
The table below summarizes the bidding and approval requirements for Public Project purchases. Staff should also consult the Public Contracting Code Guidance provided by the Public Works Department.
Purchase Amount Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 RFB RFP Process Department Head or
designee approves
invoice
PO or contract
required
$50,001-$100,000 RFB/RFP Process City Manager
approves PO
Contract or PO
required
$100,001-$200,000 RFB/RFP Process City Council
approves contract
Contract required
More than $200,000 RFB/RFP Process City Council
approves project
concept prior to
bidding process and
resulting contract
Contract required
8 4.2 Purchases of Certain Professional Services
For purchases of certain professional services, as defined in Section 1.3 of this policy, persons or firms must be selected on the basis of demonstrated competency and professional qualifications necessary for the performance of the services required and proposers must provide information about the cost of services under separate cover. The table below summarizes the bidding and approval requirements for each type of service under this section.
Purchase
Amount
Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 Informal Quotes
Process*
Department Head
approves PO
PO or contract
required
$50,001-$100,000 Informal Quotes
Process*
City Manager
approves PO
Contract required
More than $100,000 RFB/RFP Process City Council
approves contract
Contract required
* Generally, staff should seek at least three quotes. A “no-bid” response may be considered a quote for this purpose. 9 4.3 On-Call Consultant Services
The table below summarizes the bidding and approval requirements for purchases of on-call consultant services, as defined in Section 1.3 of this policy.
Purchase Amount Bid Process Approval PO/Contract
Requirement
$5,000 or less None Required Department Head or
designee approves
invoice
No PO or contract
required
$5,001-$50,000 Proposals from Oncall Consultants
Department Head
approves PO
Contract required
$50,001-$400,000 Proposals from Oncall Consultants
City Manager
approves PO
Contract required
More than $400,000 Proposals from Oncall Consultants
City Council
approves
Contract required
4.4 Contract Amendments and Change Orders
A purchase approver may amend a contract or approve a change order in an amount not to exceed 20% of the original contract amount without approval from the higher purchasing authority, provided that the original contract was within the approver’s authority, as noted in this Section 4, and the amendment or change order does not materially change the scope of services.
SECTION 5 – BIDDING PROCEDURES
For purchases that require a bidding process as shown in Section 4 of this policy that do not fall within the exceptions listed in Section 6 of this policy, staff must engage in one of the following competitive bidding processes describe below.
5.1 Request for Bids (RFB)
An RFB is a request to vendors to submit an offer or quote for specific, defined goods, products or construction. An RFB should be used when seeking a fixed price for goods with known specifications (e.g. Dell XPS 13 laptops). RFBs are used for Construction of Public Projects and when setting up a Job Order Contract (defined in Section 11 of this Policy). RFBs must be posted on the City’s designated solicitation site along with other desired noticing.
5.2 Request for Proposals (RFP)
An RFP is a request to vendors to submit a proposal for goods or services for which the exact specifications or methodology of providing the desired goods or services is not 10 defined. An RFP is generally used for more complex goods or services purchases. RFPs allow for consideration of factors other than price, including the qualifications of the vendor and the vendor’s ability to perform. RFPs must be posted on the City’s designated solicitation site along with other desired noticing.
5.3 Request for Qualifications (RFQ)
An RFQ is a request for a statement of qualifications for a certain class of vendors or consultants. RFQs are used to develop On-call or Master Agreements. RFQs must be posted on the City’s designated solicitation site along with other desired noticing.
5.4 Informal Quotes
When formal bidding is not required by the City’s purchasing policy, staff may seek informal quotes by verbal or written request. An informal or quick quote is a simple request for pricing on simple, low-cost goods or services. Staff should request quotes from at least three vendors, if available. If quotes are sought by verbal or written request, staff must create a quote summary to record the quotations received..
5.5 Bidding Criteria
The table below summarizes the requirements and process for each type of solicitation listed in Sections 5.1 – 5.4 of this policy.
RFB RFP RFQ Informal Quote
Goal Lowest Price Lowest
Responsible
Bidder
Most Qualified Lowest Price
Public Opening
Requirements
Open publicly
and read aloud
Open publicly
and pricing read
aloud
No public
opening.
Qualification
statements
made publicly
available
No public
opening
Evaluation
Process
Select lowest
responsive bid.
No scoring
Responsible
proposals
evaluated and
scored based on
qualifications.
Qualifications
evaluated and
scored (can
have pass/fail
responses). No
cost evaluation.
Select lowest
responsive
quote. No
scoring
Award Basis Lowest
responsive bid
Highest scored
proposal
Highest scored
submittal
Lowest
responsive
quote
11 SECTION 6 – NO-BID PURCHASING
6.1 Low-Cost Purchasing
As noted in the tables in Section 4 of this manual, no bidding process (formal or informal) is required for purchases of less than $5,000.
6.2 Sole Source Purchasing
Generally, it is the policy of the City to solicit quotations or bids for purchases of commodities or services for more than $5,000 and to select vendors on a competitive basis. However, certain acquisitions in which the products or services may only be obtained from a single source may be purchased without engaging in bidding procedures.
Sole Source purchases must be justified in sufficient detail to explain the basis for suspending the usual competitive procurement process and approved by the Administrative Services Department before such a purchase is made.
Some examples of legitimate sole source purchases include the following:
• Purchases in which only one known source exists or there is no reasonable alternative source for the goods or services as determined by documented research • Purchases in which only one source meets the City’s business needs (e.g., compatibility with existing systems, unique features or services that meet the desired goals of the City, etc.).
• Purchases of proprietary items which only the manufacturer, owner, or designated re-seller is permitted to sell (this includes purchases in which purchasing from a nondesignated seller would result in nullification of manufacturer warranties) • Upgrades to existing systems where purchasing a different solution or product would result in significant additional costs (e.g., data conversion, re-training of staff, new system implementation costs)
• Purchases of services from a contractor with specific and unique knowledge of existing City systems, procedures or historical data that is critical to the project or City goals where use of another contractor would result in significant costs or project delays due to lack of such knowledge.
6.3 Emergency Purchasing
Generally, it is the policy of the City to solicit quotations or bids for purchases of commodities or services for more than $5,000 and to select vendors on a competitive basis. However, purchases that are required to safeguard and immediate life, health or property interest may be made without a bidding process.
Section 6.3.1 – A purchase qualifies as an Emergency Purchase if all of the following are true:
• The City’s need cannot be met under the time constraints of the normal purchasing process and;
12 • The lack of equipment, goods or services would seriously threaten the functioning of City government, the preservation of property or the health and safety of any person.
Section 6.3.2 – City staff must not use the emergency purchase process to circumvent general purchasing policy or vendor licensing requirements. City staff should seek quotes and determine reasonableness of pricing when making an emergency purchase whenever possible.
Section 6.3.3 – Local Emergency Purchasing. If a local emergency is declared by the City Council, City staff must adhere to the Emergency and Disaster Purchasing Policy (see Attachment B).
6.4 Cooperative Agreement Purchasing
Section 6.4.1 – City staff may use established cooperative agreements involving other public agencies for purchases without a competitive bidding process, if those cooperative agreements were competitively bid. City staff is responsible for researching cooperative agreements to ensure the bidding process complies with City competitive bidding rules.
Section 6.4.2 – City staff should research the pricing for the goods or services being sought and compare the pricing set forth in the cooperative agreement is reasonable. If the pricing set forth in a cooperative agreement is not reasonable, City staff should initiate a competitive bidding process rather than leveraging the cooperative agreement.
6.5 Routine Expenditures for Utilities, Payroll and Other Services Routine expenditures that benefit several departments, such as telephone, utilities, debt service payments, and payroll benefit costs, shall be paid by the Administrative Services Department without the use of a Purchase Order Request. Computer spreadsheets, reports, or other coding information will be sufficient to use as backup documentation.
These procedures may be waived in the event of an emergency if it is in the public interest.
SECTION 7 – CREDIT CARD CHARGES
7.1 Credit Card Issuance
The Administrative Services Department will issue credit cards only to permanent employees who are approved by their Department Head.
13 7.1.1 Limits. Generally, City-issued credit cards shall have a credit limit of $5,000. However, the City Manager may approve an increase of this limit if written justification is provided by the Department Head.
7.1.2 City Business. City credit cards are for official City business only. No personal purchases may be charged to the card. Intentional charging of personal expenses on City credit cards is a misuse of City funds, and a serious breach of the City’s ethics policy. Doing so, even if the intent is to reimburse the City later, will result in disciplinary action, up to and including termination and legal action.
Minor incidental expense as a component part of a larger billing, such as personal calls on a hotel bill, may be allowed if reimbursed at the time the credit card billing is submitted for payment.
7.1.3 Travel Expenses. Credit cards may be used in paying for travel expenses.
However, the City’s Travel Guidelines still apply to all such credit card payments, including the use of Travel Authorizations and per diem amounts.
7.1.4 Gratuities. Generally, purchases with City credit cards may include reasonable gratuities for services for which such gratuities are standard but should not exceed 20 percent of the total cost.
7.1.5 Comply with Rules. City credit cards may not be used to circumvent other purchasing rules in this manual. Additionally, City credit cards may not be used for the following:
• Cash advances, wire transfers, money orders, etc.
• Purchases of items for which the City has contracts (water meters, bulk fuel, etc.) unless it is an emergency situation, and approved by the Approving Official.
• Political or religious organizations.
• Court costs, fines, bail, or bonds.
• Rentals, except for small pieces of equipment to be used for less than a weekin duration or vehicle rentals related to travel.
• Temporary employees.
• Alcoholic beverages and tobacco products.
14 7.1.6 Cardholder Responsibility. Each cardholder is responsible for the security and safe keeping of the credit card and must sign the City’s Credit Card Agreement (See Attachment C – Credit Card Agreement). Cardholders should obtain itemized receipts for every transaction. Cardholders who fail to provide itemized receipts for purchases may be held personally responsible for charges.
If an item is billed incorrectly, the cardholder is responsible for contacting the vendor within 10 days of the transaction. The employee should notify Accounts Payable and should provide all documentation relating to the charge in a timely manner. Accounts payable will contact the bank and will pursue the matter until resolved.
7.1.7 Department Head Responsibility. Department Heads must authorize issuance of credit cards and develop and implement departmental procedures to be sure credit card purchases are approved and forwarded to Administrative Services in accordance with this manual, and in a timely manner. Department Heads must retrieve credit cards from the cardholder if the cardholder fails to adhere to the policies in this manual or separates from City service. When necessary, Department Heads must enforce disciplinary action associated with the misuse of credit cards.
7.1.8 Disciplinary Action. The Director of Administrative Services or authorized designee will notify Department Heads regarding misuse of City credit cards.
Department Heads will be responsible for all disciplinary action surrounding misuse of cards, or abuse of this policy. This will include cancellation of card privileges, and other action as deemed appropriate.
SECTION 8 – BUSINESS TAX CERTIFICATE REQUIREMENT
8.1 Requirement
The City requires most entities doing business within or transacting with the City to obtain a Business Tax Certificate, pursuant to GBMC Section 10202. Therefore, for most purchases, City staff must notify the vendor of the requirement and/or ensure that the vendor has a Business Tax Certificate before making the purchase. Whenever possible, City staff should direct purchases to vendors who already have a valid business license. Staff should contact the Administrative Services Department for a current listing of businesses who have valid Business Tax Certificates.
8.2 Exceptions
• Some businesses are exempt from obtaining a Business Tax Certificate (see GBMC Section 10215). For those businesses that are exempt, staff need not require proof of a Business Tax Certificate to make a purchase. 15 SECTION 9 – PAYMENT OF INVOICES
9.1 Receipt of Goods and Services
Items must generally be shipped to a City address or worksite. If the product will be shipped to an alternate location, this should be cleared through the Administrative Services Department inadvance.
9.2 Invoice Process
Once an invoice is received, staff should verify the goods or services were received in good working order or pursuant to the scope and terms of the contract, when applicable.
Upon verification, the Department should enter all necessary information in the Accounts Payable System provide the following information to the Administrative Services Department:
• That they are authorizing payment (i.e., use stamp)
• The amount that they are authorizing for payment
• The account number(s) that is to be charged
• Include vendor’s W-9 form if not already on file (should be checked with the Administrative Services Department)
• Attach a copy of the contract, if applicable
• Attach invoice/receipt/backup
SECTION 10 – CONTRACT MANAGEMENT
Purchases that require contracts, as noted in Section 4 of this policy, and any contract entered into on behalf of the City must adhere to this Section 10.
10.1 Responsibilities
Contract management is the primary responsibility of the department in charge of the project or services. Prior to requesting bids or proposals, the Department Director shall work with the City Attorney to ensure the contract is in proper legal form and shall ensure the contract is properly executed upon award. The Department Director shall also ensure that payment to contractors or vendors are in accordance with the payment terms and/or schedule within the contract.
10.2 City Attorney Approval
10.2.1 Unless otherwise exempted in this Policy, contracts must be reviewed and approved as to legal effect and form by the City Attorney prior to execution or submittal to the City Clerk for inclusion in the City Council Agenda. .
10.2.3 Templates. If staff uses a City Attorney-approved contract template for the purchase of goods or equipment and no changes are made, additional City Attorney approval and/or signature is not required.
16 10.3 Execution
Whenever possible, contracts that require approval of the City Council should be signed by the contractor prior to being brought before the Council and a copy of the contract shall be included in the Council agenda package submitted to the City Clerk before it is included into the Council agenda package. Contracts should be signed via electronic signature whenever legally permitted. Contracts that are signed by a corporation or any other legal entity other than an individual, should be verified by written delegation of the legal entity the party signing the agreement has authority to do so. The City Attorney can assist with the type and nature of written authority necessary for a binding agreement.
10.4 Control of Contract
The Director of the contracting department shall maintain a copy of each contract and shall provide a copy to the Administrative Services Department. Contracts should be maintained for at least three years from the date of final payment under the contract.
SECTION 11 – DISPOSAL OF SURPLUS PROPERTY
All departments shall notify the Administrative Services Department of existing materials, supplies or equipment that are no longer used or have become obsolete. Departments may sell or dispose of such property under the following Sections.
11.1 General
If disposing of any City property, staff should determine the property’s value and reason for disposal (ie: property is past useful life, property is obsolete or being replaced by updated equipment). Disposal of capital assets must be reported to the Administrative Services Department.
11.2 Value Exceeding $5,000
11.2.1. If the value of the equipment or goods exceeds $5,000, the City must publish a notice in a newspaper of general circulation and shall sell the property using one of the following methods:
(A) A notice inviting formal bids shall be published in a newspaper of general circulation and sale shall be made to the highest bidder. (B) The department may use a third party vendor to auction the items on behalf of the City.
11.2.2. The department may dispose of property with a value exceeding $5,000 only if it is determined to be unusable or if an attempted sale is not successful.
Disposal of such property must be approved by the City Manager.
11.3 Value of $5,000 or Less
If the value of the equipment or goods is $5,000 or less, the surplus property shall be offered to other departments, if feasible. If no other City department claims the property, it must be included in a list prepared by the Administrative Services Department and be 17 sold by informal bids to the highest bidder. If no bids are received or if the property has no resale value, the City Manager may approve the destruction of the property.
11.4 Donations to Other Agencies
If property may properly be donated to another governmental agency, staff shall make arrangements with that agency and notify the Administrative Services Department of property being donated and estimated value. Donations should be made on an “as-is” basis, without any express or implied representations or warranties under applicable law.
11.5 Disposal
Departments shall dispose of property at the City’s Corporation Yard. 11 – DEFINITIONS
For definitions of bidding processes, see Section 5 of this policy.
11.1 Capital Asset
Any asset, tangible or intangible, used in operations that has a service life of more than one year with a cost exceeding $25,000 for infrastructure and $5,000 for all other capital assets.
11.2 Force Account
Use of City assets, equipment or labor of City staff, rather than a contractor.
11.3 Job Order Contract
A competitively bid, fixed price, multi-year construction contract based on established or published unit prices via a unit price book (UPB) or a price list with a multiplier (termed coefficient) applied to the unit prices.
11.4 Public Project
A public project is “construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds . . . For purposes of this paragraph, “construction” includes work performed during the design, site assessment, feasibility study and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work regardless of whether any further construction work is conducted, and work performed during the postconstruction phases, including but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems.” (See CA Labor Code Section 1720, CA Public Contract Code Section 20161).
11.5 Sole Source Purchase
A sole source purchase is when the City enters into a contract with a contractor without going through the typical competitive process as required by law because it deems that the contractor is the only source available that can meet the City’s 18 requirements or the purchase complies with the requirements of Section 6.2 of this Policy.
11.6 Surplus Property
Surplus property is tangible property (any property that can be physically relocated) that is no longer of use to any City department because it is obsolete, uneconomical to repair, or valued only for its base contents. Surplus Property may include anything from office supplies and furniture to vehicles and heavy equipment. Surplus property for purposes of this Policy shall not include real property as defined by State law.
ORDINANCE NO. 23-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, REPEALING OF CHAPTER 8 (PERFORMANCE OF PUBLIC PROJECTS; PURCHASING OF SUPPLIES AND EQUIPMENT; CONTRACTING FOR SERVICES), OF ARTICLE 11 (ADMINISTRATION) AND ADDING A NEW SECTION 2800 OF CHAPTER 8 (PURCHASING POLICY) OF ARTICLE II (ADMINISTRATION) OF THE GROVER BEACH MUNICIPAL CODE
WHEREAS, the City of Grover Beach ("City") is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, this Chapter may be referred to as the "Purchasing Policy" and is adopted pursuant to the authority identified in this ordinance, including Government Code Sections 37103, 37350 et seq., 53060, and 54201 et seq., as well as the police power set forth in Article XI, Section 7 of the California Constitution; and
WHEREAS, This Ordinance applies to contracts for the procurement of goods, services, construction, and professional services entered into by the City and it shall apply to every expenditure of public funds by the City for public purchasing irrespective of its source, except as otherwise provided by State law, State regulation, City ordinance or administrative policy, and WHEREAS, it shall not be applied to purchases by elected officials not statutorily required to purchase in compliance with City policies or for whom purchases are not made by the City; and WHEREAS, when the procurement involves the expenditure of State or Federal assistance or contract funds, the procurement shall be conducted in accordance with any applicable mandatory State and/or Federal law. This ordinance does not apply to the procurement of legal services; and
WHEREAS, the Purchasing Policy, is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15378 because the approval of the Purchasing Policy will not result in a direct or indirect physical change in the environment and does not involve an irrevocable commitment of resources by the City.
NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVER BEACH AS FOLLOWS:
PART 1. Chapter 8 (Performance of Public Projects; Purchasing of Supplies and Equipment; Contracting for Services), of Article II (Administration) is hereby repealed in total.
PART 2. A new Section 2800 of Chapter 8 (Purchasing Policy) of Article II (Administration) is hereby added as follows:
Attachment 2
Ordinance No. 23-02 Page 2
Chapter 8 - Purchasing Policy
Sec. 2800. The Purchasing Policy shall represent the procedures for the procurement of goods, services, construction, and professional services entered into by the City and it shall apply to every expenditure of public funds by the City for public purchasing irrespective of its source, except as otherwise provided by State law, State regulation, City ordinance or administrative pol icy. The Purchasing Policy Dated July 24, , 2023, and entitled "City of Grover Beach Purchasing Policy, Version no. 1" is hereby incorporated by reference as if set out in full and adopted by the Council establishing the purchasing procedures for the City which shall be implemented consistent with the provisions within the Purchasing Policy.
PART 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.
PART 4. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed .
PART 5. Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty-first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
INTRODUCED at a regular meeting of the City Council held on July 24, 2023, and PASSED, APPROVED, and ADOPTED by the City Council on August 28, 2023, on the following roll call vote, to wit:
AYES: Council Members - Rushing, Weirick, Zimmerman, Mayor Pro Tern NOES:
Robert and Mayor Bright
Council Members - None
ABSENT:
ABSTAIN :
RECUSED:
Attest:
Council Members - None
Council Members - None
Council Members - None
WENDI SIMS, CITY
~ CLERK
Approved as to Form:
DAVID P. HALE, CITY ATTORNEY
KAREN BRIGHT, MAYOR
ORDINANCE NO. 24-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA ADDING SECTION 2801 (COUNCIL APPROVAL OR AWARD OF CONTRACTS) TO CHAPTER 8 (PURCHASING POLICY) OF ARTICLE II (ADMINISTRATION) OF THE GROVER BEACH MUNICIPAL CODE
WHEREAS, Grover Beach Municipal Code Article II, Chapter 8, regulates the purchasing policy of the City of Grover Beach (“City”); and
WHEREAS, the purchasing policy as approved by City Council allows for execution of certain specified agreements by City officers and authorized employees; and WHEREAS, certain grant applications, approvals and agreements are not addressed within the purchasing policy thereby requiring the Mayor or Mayor Pro Tem to execute all related documents; and
WHEREAS, the ability for City Council to delegate authority for City officers or authorized employees to execute necessary documents to carry out the Council’s directions and approvals will ensure the efficient administration of City business by avoiding unnecessary delays.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
SECTION 1. Section 2801 (“Council Approval or Award of Contracts”) of Chapter 8 (“Purchasing Policy”) of Article II (“Administration”) of the Grover Beach Municipal Code is hereby added to read as follows:
Sec. 2801. Council Approval or Award of Contracts. The Council shall approve or award and the Mayor or Mayor Pro Tem shall sign all contracts and/or agreements for which no contracting or signature authority has been established under this Chapter, unless another City officer or employee is otherwise authorized to execute such contracts or agreements. When authorized by Council, City Officers, as defined within Section 2105 of the Grover Beach Municipal Code, are hereby authorized to negotiate and execute any such contracts and/or agreements on the City’s behalf.
SECTION 2. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.
SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 4. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular meeting of the City Council held June 24, 2024.
Attachment 3
PASSED, APPROVED, and ADOPTED by the City Council at a regular meeting held on July 22, 2024, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
APPROVED:
__________________________
Karen Bright, Mayor
ATTEST:
____________________________________
Wendi Sims, City Clerk
APPROVED AS TO FORM:
_____________________________________
Robert Lomeli, City Attorney
Agenda Item No. 15
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Larry Kim, Community Services Supervisor
Kristin Eriksson, Assistant City Manager
SUBJECT: Second Reading and Adoption of an Ordinance to Amend Article III (Public Welfare, Morals & Conduct), Chapter 11 (Special Events/Outdoor Assemblies) of the Grover Beach Municipal Code to Change Special Event Insurance Requirements
RECOMMENDATION
Conduct a public hearing and second reading to adopt an Ordinance to amend Article III (Public Welfare, Morals & Conduct), Chapter 11 (Special Events/Outdoor Assemblies) of the Grover Beach Municipal Code (GMBC) to Change Special Event Insurance Requirements.
BACKGROUND
Insurance requirements for Special Event Permits are regulated by GMBC Article III, Chapter 11, Section 3981(L) which requires commercial general liability insurance coverage of at least $1,000,000 for up to 500 attendees and an additional $1,000,000 for every additional 500 attendees per special event or outdoor assembly for personal injury or death, in addition to other requirements. Event organizers have had difficulty meeting requirements for larger events with more than 1,000 attendees in the past and, recently, have not been able to obtain any coverage at those levels.
Staff has compared the City’s insurance requirements to neighboring cities and determined the City’s limits required for general liability insurance are comparatively higher for events with more than 1,000 attendees. Insurance coverage limits required by nearby cities for special events are shown in the table below comparing different numbers of attendees:
City Under 500 Under 1,000 Under 1,500 Under 2,000 Under 2,500 San Luis Obispo
$1 Million per occurrence / $2 Million aggregate
Paso Robles
Pismo Beach
Arroyo Grande
Grover Beach (Present) $1Million / $2
Million
$2 Million / $2
Million
$3 Million / $2
Million
$4 Million / $2
Million
$5 Million / $2
Million
Grover Beach (Proposed) $1 Million / $2 Million $2 Million / $2 Million Staff Report: Public Hearing and Second Reading of Ordinance on Special Event Insurance Page 2 July 22, 2024
Changing the insurance limits to be comparable to neighboring cities will speed up permit approvals and make the City a more attractive location to host special events. Therefore, staff recommends the Council amend the GBMC to only require the higher personal injury or death insurance amounts for events with more than 1,500 attendees.
FISCAL IMPACT
There is no fiscal impact from this action.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Conduct a public hearing for the second reading and adoption of an Ordinance to amend Article III (Public Welfare, Morals & Conduct), Chapter 11 (Special Events/Outdoor Assemblies) of the Grover Beach Municipal Code (GMBC) to Change Special Event Insurance Requirements; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Ordinance
ORDINANCE NO. 24-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA AMENDING SUBSECTION L (INSURANCE) OF SECTION 3981 (SPECIFIC REGULATIONS FOR SPECIAL EVENTS AND OUTDOOR
ASSEMBLIES) OF CHAPTER 11 (SPECIAL EVENTS/OUTDOOR
ASSEMBLIES) OF ARTICLE III (PUBLIC WELFARE, MORALS & CONDUCT)
OF THE GROVER BEACH MUNICIPAL CODE
WHEREAS, Grover Beach Municipal Code Article III, Chapter 11, Section 3981, Subsection L (hereinafter “Section 3981(L)”) regulates liability insurance coverage requirements for special events and outdoor assemblies; and
WHEREAS, the liability coverage requirements of Section 3981(L) currently exceed industry standards for special events and outdoor assemblies; and WHEREAS, the current liability coverage requirements of Section 3981(L) reduce the number of applicants due to an inability to readily obtain the insurance sufficient to meet the coverage requirements of Section 3981(L); and
WHEREAS, the change in insurance requirements would make the City of Grover Beach’s (“City”) requirements comparable to neighboring cities; and WHEREAS, the result will positively benefit special event application approvals.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grover Beach as follows:
SECTION 1. Subsection L (“Insurance”) of Section 3981 (“Specific Regulations for Special Events and Outdoor Assemblies”) of Chapter 11 (“Special Events/ Outdoor Assemblies”) of Article III (“Public Welfare, Morals, & Conduct”) of the Grover Beach Municipal Code is hereby amended to read as follows:
(L) Insurance: Before the issuance of a permit, the event organizer shall obtain and maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) for up to one thousand five hundred (1500) attendees and Two Million Dollars ($2,000,000) for over one thousand five hundred (1500) attendees per special event or outdoor assembly for personal injury or death and in the amount of not less than Two Million Dollars ($2,000,000) for property damage.
The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. If alcohol is sold during the special event or outdoor assembly, coverage must include full liquor liability. The City of Grover Beach, its officers, officials, agents, and employees shall be included as additional insureds on the policy. The insurance policy shall remain in full force and effect in the specified amounts for the duration of the permit. The evidence of insurance shall include an endorsement with the City of Grover Beach named second on the policy to the effect that the insurance company shall notify the City Clerk of the City of Grover Beach in writing at least ten (10) days before the expiration or cancellation of said insurance.
Attachment 1
Ordinance No. 24-__ Page 2
SECTION 2. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.
SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 4. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular meeting of the City Council held June 24, 2024.
PASSED, APPROVED, and ADOPTED by the City Council at a regular meeting held on July 22, 2024, on the following roll call vote, to wit:
AYES: Council Members –
NOES: Council Members –
ABSENT: Council Members –
ABSTAIN: Council Members –
APPROVED:
__________________________
Karen Bright, Mayor
ATTEST:
____________________________________
Wendi Sims, City Clerk
APPROVED AS TO FORM:
_____________________________________
Robert Lomeli, City Attorney
Agenda Item No. 16
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Matthew Bronson, City Manager
PREPARED BY: Megan Martin, Community Development Director Janet Reese, Associate Planner
SUBJECT: Community Development Block Grant Microenterprise Assistance Program Guidelines
RECOMMENDATION
Provide direction on the proposed Microenterprise Assistance Program and direct staff to pursue an application as part of the 2024 Community Development Block Grant process.
BACKGROUND
Local governments, either directly or through State governments, are eligible to receive Community Development Block Grant (CDBG) funds on an annual basis from the U.S.
Department of Housing and Urban Development (HUD). These funds can be used for a variety of purposes including infrastructure needs, low-moderate income housing needs, and other eligible activities. The category of “other eligible activities” includes providing capital to business through grants or loans. The State Department of Housing and Community Development (HCD) administers the CDBG programs and publishes a Notice of Funding Availability (NOFA) for each program for eligible activities.
Recipients of CDBG funds have provided capital to small businesses in the past through the establishment of loan and grant fund programs. A community that receives CDBG funds decides whether those funds should be used to provide grants or loans or other assistance, so the decision is made locally as to what type of assistance is most appropriate. The CDBG program provides flexibility to its recipients within the three national objections to:
1. Principally benefit low to moderate income (LMI) persons or businesses,
2. Aid in the prevention of slums or blight, and
3. Meet an urgent community need.
Historically, the City has qualified activities under the “benefit to LMI persons” which is the most predominantly used National Objective. The activity (project or program) must benefit an area that is comprised of at least 51% LMI households or benefit individually qualified households. 54% of the city’s households qualify as LMI households defined as at or below 80% of the county median income (2015 American Community Survey utilized by HUD). Therefore, a proposed activity that benefits either a portion or the entire city is eligible dependent on the service areas outlined in the application.
Staff Report: 2024 CDBG Microenterprise Assistance Program Guidelines Page 2 July 22, 2024
Over the last couple of years, the City has seen an increased interest from new businesses desiring to locate within Grover Beach, especially along West Grand Avenue. This highlights the area’s potential for economic development, however, many buildings and commercial spaces owned by private property owners were constructed decades ago and have not kept pace with modern building and construction standards. This is particularly evident when somewhat minor tenant improvements trigger additional improvements related to energy efficiency, accessibility, plumbing, and fire suppression. These added requirements can be cost prohibitive, and staff has observed several businesses unable to occupy desired spaces because landlords and property owners are not able to afford these costly upgrades and place the burden on the prospective tenant. This appears to be hindering economic growth in these developed commercial areas.
Economic Development is one of the CDBG program’s eligible activities. One of the qualifying categories under this activity is Microenterprise Assistance which provides funds for loans to LMI business owners for businesses with five or fewer workers (owner/operator and employees).
Examples include business training, financing of working capital, furniture, equipment, and property repairs/improvements.
The 2024 CDBG NOFA is anticipated to be released by HCD in July for approximately $30 million statewide for eligible activities, limiting a maximum of three eligible activities as either “over-thecounter” (OTC) or “Competitive” applications with total funding not to exceed $3.6 million per applicant. Prior to applying for funds within a program year, the City is required to conduct public outreach and hold a public hearing to discuss potential applications and eligible activities. On June 24, 2024, the Council received a presentation and public comment related to potential programs/projects for inclusion in a 2024 CDBG application and directed staff to pursue applications for three qualifying activities:
• OTC Program: Microenterprise Assistance, City of Grover Beach ($1.05 million) • OTC Project: Ramona Garden Park Improvements, City of Grover Beach ($2.25 million) • Competitive Program: Non-Congregate Shelter Navigation Center Program, 5Cities Homeless Coalition ($300,000)
OTC Microenterprise Assistance Program
The CDBG OTC approach is intended to streamline the application process for certain types of activities and allow eligible applicants to submit applications directly to HCD without a competitive process (i.e. scoring, bidding, extensive review). This approach is typically used for activities that are straightforward, have clear eligibility criteria, and align closely with the community’s development goals; this ensures efficient allocation of CDBG funds that directly benefit the community. This also means that all aspects of the program must be thoroughly developed and articulated in the application. Program details should include the following:
• Eligibility Criteria
• Loan Terms
• Interest rates
• Repayment schedule
• Options for deferment or forgiveness
Staff Report: 2024 CDBG Microenterprise Assistance Program Guidelines Page 3 July 22, 2024
For the City to position itself with a successful application for Microenterprise Assistance, staff must develop a program that is ready to be implemented. Staff has developed the following proposed program details for the Council’s review and recommended concurrence:
Eligibility Criteria:
(1) LMI Business Owner
(2) Microenterprise Business (five or fewer workers; includes owner/operator) within the city (3) Non-profit organizations are not eligible for this program (4) The business must not require a Use Permit to operate (5) Businesses in the cannabis industry, adult entertainment, or other restricted industries are not eligible
(6) Preference is given to businesses that best align with City’s economic development goals including public-serving businesses (e.g. retail or services) and manufacturing businesses Eligible Activities:
(1) Energy Efficiency Upgrades: Improvements related to energy efficiency, such as insulation, HVAC systems, energy-efficient lighting, and windows
(2) Plumbing Enhancements: Repairs or upgrades to plumbing systems, including pipes, fixtures, and water heaters; may also include enlargement or addition of restrooms to meet occupancy and accessibility requirements.
(3) Accessibility Improvements: Modifications to enhance accessibility, such as installing ramps, accessible restrooms, and other American Disability Act (ADA) compliant features. (4) Fire Suppression and Safety Systems: Installation or upgrades of fire suppression systems, such as sprinklers, alarms, and emergency exits. (5) Beautification or finishing projects, such as painting, decorative elements, signage, or cosmetic renovations are not eligible.
The proposed Microenterprise Assistance Program would seek $1.05 million in CDBG funding and would align with the national objective of benefiting LMI businesses, provided that the assistance to these businesses demonstrably benefits businesses owned by LMI individuals.
Supporting microenterprises through retrofitting initiatives (i.e., plumbing, accessibility, energy efficiency, and fire suppression) can significantly enhance operational capacity and competitiveness. This not only helps stabilize and grow these businesses, leading to increased economic activity, it supports the financial stability of LMI business owners. Moreover, successful microenterprises are likely to create jobs within the community, often employing LMI persons.
Next Steps
Following Council direction on the program details described above, staff will finalize the Microenterprise Assistance Program guidelines and pursue a Request for Proposals to hire contract staff that is able to dedicate capacity to the operation of a CDBG-funded economic development program and demonstrate at least three years of CDBG experience, or five years of underwriting experience, plus two years of general CDBG experience. Staff will return to the Council at the next regular meeting with a resolution to include this program along with the other qualifying activities as part of the 2024 CDBG application. Lastly, staff would note that if the City was not successful in receiving CDBG funds for the Microenterprise Assistance Program at this time, the City could submit another application for this program in the future.
FISCAL IMPACT
There are no funding impacts to this staff report.
Staff Report: 2024 CDBG Microenterprise Assistance Program Guidelines Page 4 July 22, 2024
ALTERNATIVES
The Council has the following alternatives to consider:
1. Provide direction to staff on the eligibility criteria and direct staff to pursue the Microenterprise Assistance Program application under the 2024 CDBG process; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Agenda Item No. 17
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Robert Lomeli, City Attorney
PREPARED BY: Robert Lomeli, City Attorney
Wendi Sims, City Clerk
SUBJECT: Resolution Calling a Special Municipal Election to be Held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the Submission of the Question of the Recall of a Certain Officer; and Requesting that the San Luis Obispo County Board of Supervisors Consolidate the Special Municipal Election with the Statewide General Election
RECOMMENDATION
Adopt the Resolution calling a Special Municipal Election to be held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the submission of the question of the recall of Council Member Daniel Rushing to the voters and requesting consolidation with the statewide general election.
BACKGROUND
Pursuant to Elections Code section 11240 and following the acceptance of the Certification of Sufficiency of Signatures on the petition to recall Council Member Daniel Rushing, District 2, the City is required to call a Special Municipal Election to submit the recall question to the voters of District 2. The proposed date for this election is November 5, 2024, which coincides with the statewide general election. This consolidation aims to ensure efficiency and cost-effectiveness in the administration of the election.
The ballot will present the voters of District 2 with the question: “Shall Daniel Rushing be recalled (removed) from the office of Council Member of District 2 of the City of Grover Beach?” Voters will have the option to vote “YES” or “NO.” A majority vote (50%+1) will be required for the recall to pass. Council Member Daniel Rushing has the opportunity to file a statement of not more than 200 words with the City Clerk to be included in the voter information guide, as provided by California Elections Code section 11327.
FISCAL IMPACT
The cost of the Special Municipal Election consolidated with the statewide general election is anticipated to be $6,045 which will be incurred by the City. Reimbursement from the County for services rendered in the administration of the election will be processed upon presentation of appropriate invoices.
Staff Report: Resolution Calling for Special Election for Recall of Officer & Consolidation Request Page 2 July 22, 2024
ALTERNATIVES
N/A
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution No. 24-__ Calling a Special Municipal Election RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN DISTRICT 2 OF THE CITY OF GROVER BEACH ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF A CERTAIN OFFICER; AND REQUESTING THAT THE SAN
LUIS OBISPO COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE SPECIAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE.
WHEREAS, under the provisions of law relating to cities in the State of California, a petition was filed demanding the recall of Council Member Daniel Rushing, District 2; and WHEREAS, the petition was signed by more than twenty-five percent (25%) of the registered voters in District 2 of the City of Grover Beach; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed recall to the voters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby finds, determines, and declares the following:
1. That pursuant to the requirements of law of the State of California relating to general law cities, there is called and ordered to be held in the City of Grover Beach, California, on Tuesday, November 5, 2024, a Special Municipal Election for the purpose of submitting the question of the recall of Council Member Daniel Rushing, District 2, to the voters.
2. In addition to any other matters required by law, the question to be submitted to the voters of District 2 of the City of Grover Beach shall appear on the ballots in substantially the following form:
Shall Daniel Rushing be recalled (removed) from the office of Council Member of District 2 of the City of Grover Beach? YES
NO
3. The vote requirement for the question to pass is a majority (50%+1) of the votes cast.
4. The ballots to be used at the election shall be in the form and content as required by law.
5. Pursuant to California Elections Code section 11327, the recalled office may file a statement of not more than two hundred (200) words with the City Clerk, in accordance with California Elections Code section 13307, to be sent to each voter, together with the voter information guide.
6. Pursuant to California Elections Code section 10403, the City Council hereby requests the San Luis Obispo County Board of Supervisors and San Luis Obispo County Registrar of Voters consolidate the recall election with the general election to be held on November 5, 2024.
Attachment 1
7. The City Clerk is hereby directed to file this Resolution with the San Luis Obispo County Board of Supervisors and San Luis Obispo County Registrar of Voters for inclusion on the November 5, 2024 ballot.
8. The City Clerk is authorized, instructed, and directed to coordinate with the San Luis Obispo County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
9. The precincts, vote center locations and hours of operation, ballot drop box locations and hours of operation, vote-by-mail procedures and timing, election officers and all other persons and procedures shall be those utilized by the San Luis Obispo County Registrar of Voters in order to properly and lawfully conduct the election.
10. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
11. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.
12. In accordance with Elections Code section 10002, the City requests that the County Election Department/Registrar of Voters render full election services to the City of Grover Beach as may be requested by the City Clerk, with the County to be reimbursed in full for such services as are performed upon presentation of appropriate invoices.
13. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
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 22nd day of July 2024. _____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
**DRAFT**