CALIFORNIA-AMERICAN WATER COMPANY
655 W. Broadway, Suite 1410
San Diego, CA 92101
Revised Cal. P.U.C. Sheet No. 9822-W
Cancelling Revised Cal. P.U.C. Sheet No. 9815-W
Schedule No. MO-1C (Continued) Sheet 9
GENERAL METERED SERVICE in the Monterey Service Area Tariff Area
NON-RESIDENTIAL CUSTOMERS
(Continued)
(TO BE INSERTED BY UTILITY) ISSUED BY (TO BE INSERTED BY C.P.U.C.) Advice 1312 J. T. LINAM Date Filed
Decision DIRECTOR - Rates & Regulatory Effective
Resolution
SPECIAL CONDITIONS (Continued):
Fees and Surcharges:
11. Per Advice Letter 1291-A, the net under-collected balance of the 2019 residential WRAM/MCBA is $982,007, including interest. D. 18-12-021 raises the cap on WRAM/MCBA surcharges to 15% of the authorized revenue requirement. Rates will be established through a separate Tier 1 filing to update the tariff language and surcharge based upon the then current authorized amortization.
12. Per D.18-12-021 a meter-based bill credit for the 2018 Excess Plant Related Accumulated Deferred Income Tax will be refunded to customers over the 12-month periods beginning January 21, 2020.
Meter Size
Refunds by Meter
Equivalents
5/8-inch meter $0.30
3/4-inch meter $0.45
1-inch meter $0.75
1-1/2-inch meter $1.51
2-inch meter $2.41
3-inch meter $4.52
4-inch meter $7.53
6-inch meter $15.05
8-inch meter $24.08
10-inch meter $34.62
13. Per Advice Letter 1311, a surcharge is applied to each bill to offset increases in purchased water costs imposed by Monterey Peninsula Water Management District (MPWMD). The offset results in a needed increase of $405,474 or 0.53%. The surcharge of $0.2011 per cgl is added to the quantity charge beginning October 21, 2020.
14. Per D.18-12-021 a meter-based bill credit for the 2019 Excess Plant Related Accumulated Deferred Income Tax will be refunded to customers over the 12-months periods beginning November 1, 2020.
Meter Size
Refunds by Meter
Equivalents
5/8x3/4inch meter $0.21
3/4-inch meter $0.32
1-inch meter $0.53
1-1/2-inch meter $1.07
2-inch meter $1.70
3-inch meter $3.20
4-inch meter $5.33
6-inch meter $10.66
8-inch meter $17.05
10-inch meter $24.51
(C)
PGCC 3-2-2022
CALIFORNIA-AMERICAN WATER COMPANY
655 W. Broadway, Suite 1410
San Diego, CA 92101
Revised Cal. P.U.C. Sheet No. 9614-W
Cancelling Original Cal. P.U.C. Sheet No. 9544-W
Schedule No. MO-1C (Continued) Sheet 90
General Metered Service in the Monterey County District Tariff Area
NON-RESIDENTIAL CUSTOMERS
(Continued)
(TO BE INSERTED BY UTILITY) ISSUED BY (TO BE INSERTED BY C.P.U.C.) Advice 1302 J. T. LINAM Date Filed July 7, 2020
Decision 19-12-049 DIRECTOR - Rates & Regulatory Effective August 6, 2020 Resolution
SPECIAL CONDITIONS
Fees & Surcharges: (continued):
1. Per Decision (D.) 19-12-048, intervenor compensation paid to the Surfrider Foundation will be recovered through a meter surcharge for six billing cycles upon approval of Advice letter 1295. The total amount of $441,448.05 will be recovered from all classes of metered customers.
Meter Size Surcharge
5/8 x 3/4 $1.21
3/4 $1.82
1 $3.03
1 1/2 $6.07
2 $9.71
3 $18.20
4 $30.34
6 $60.68
8 $97.09
10 $139.57
12 $200.25
2. Per Decision 19-12-049, intervenor compensation paid to the Salinas Valley Water Coalition will be recovered through a meter surcharge for six billing cycles upon approval of Advice Letter 1302. The total amount of $496,798.25 will be recovered from all classes of metered customers.
Meter Size Surcharge
5/8 x 3/4 $1.64
3/4 $2.46
1 $4.10
1 1/2 $8.20
2 $13.12
3 $24.60
4 $41.01
6 $82.01
8 $131.22
10 $188.62
12 $270.63
(N)
(N)
PGCC 3-2-2022
CALIFORNIA-AMERICAN WATER COMPANY
655 W. Broadway, Suite 1410
San Diego, CA 92101
Revised Cal. P.U.C. Sheet No. 9852-W
Cancelling Original Cal. P.U.C. Sheet No. 9843-W
Schedule No. MO-1C (Continued) Sheet 91
GENERAL METERED SERVICE in the Monterey Service Area Tariff Area
NON-RESIDENTIAL CUSTOMERS
(Continued)
(TO BE INSERTED BY UTILITY) ISSUED BY (TO BE INSERTED BY C.P.U.C.) Advice 1314 J. T. LINAM Date Filed
Decision DIRECTOR - Rates & Regulatory Effective
Resolution
SPECIAL CONDITIONS:
Fees & Surcharges (continued):
3. Per Decision 20-02-060, intervenor compensation paid to Landwatch Monterey County will be recovered through a meter surcharge for three billing cycles upon approval of Advice Letter 1313.
The total amount of $107,231.63 will be recovered from all classes of metered customers.
Meter Size Surcharge
5/8 x 3/4 $0.59
3/4 $0.88
1 $1.47
1 1/2 $2.94
2 $4.70
3 $8.81
4 $14.68
6 $29.37
8 $46.99
10 $67.54
12 $96.91
4. Per Decision 20-02-058, intervenor compensation paid to the Planning and Conservation League Foundation will be recovered through a meter surcharge for four billing cycles upon approval of Advice Letter 1314. The total amount of $215,019.80 will be recovered from all classes of metered customers.
Meter Size Surcharge
5/8 x 3/4 $1.18
3/4 $1.77
1 $2.95
1 1/2 $5.90
2 $9.45
3 $17.71
4 $29.52
6 $59.04
8 $94.46
10 $135.78
12 $194.82
(P)
(P)
(N)
(N)
PGCC 3-2-2022
CALIFORNIA-AMERICAN WATER COMPANY
655 W. Broadway, Suite 1410
San Diego, CA 92101
Original Cal. P.U.C. Sheet No. 9924-W
Schedule No. MO-1C (Continued) Sheet 92
GENERAL METERED SERVICE in the Monterey Service Area Tariff Area
NON-RESIDENTIAL CUSTOMERS
(Continued)
(TO BE INSERTED BY UTILITY) ISSUED BY (TO BE INSERTED BY C.P.U.C.) Advice 1321 J. T. LINAM Date Filed
Decision DIRECTOR - Rates & Regulatory Effective
Resolution
SPECIAL CONDITIONS
Fees & Surcharges (Continued):
5. Per Decision 20-08-040, intervenor compensation paid to Public Water Now will be recovered through a meter surcharge for 8 billing cycles upon approval of Advice Letter 1321. The total amount of $10,095 will be recovered from all classes of metered customers.
Meter Size Surcharge
5/8 x 3/4 $0.02
3/4 $0.03
1 $0.05
1 1/2 $0.10
2 $0.16
3 $0.30
4 $0.49
6 $0.99
8 $1.58
10 $2.27
12 $3.25
(N)
(N)
PGCC 3-2-2022
Engineer’s Estimated Capital Purchases
PGCC 3-2-2022
PGCC 3-2-2022
PGCC 3-2-2022
Draft Financial Statements
PGCC 3-2-2022
Cost per gallon Cost per gallon Cost per gallon Cost per gallon Cost per
gallon
$ 0.01721 0.0207 0.0248 0.0258
20.0% 20.0% 4.0%
Year 2 Year 3 Year 4 Year 5 Year 6
FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24
Beginning Fund Balance (326,361) (527,571) (93,219) (37,261) 39,210 Revenues
Reclaimed Water 524,041 536,000 642,901 771,481 802,340 Interest Earned 421 800 9,721 421 392
Other - - - - -
524,462 536,800 652,622 771,902 802,732
Expenses
Contract Services 356,606 327,000 336,810 346,914 357,322 Legal Services - - - - -
Postage - - - - -
Telephone - - - - -
Utilities 206,168 140,000 144,200 148,526 152,982
Internal Service Charges 4,357 5,000 4,356 4,356 4,356
Indirect Costs 28,600 24,000 25,200 25,830 26,476
Equipment Repair - - - - -
Misc. Expense - - - - -
595,731 496,000 510,566 525,626 541,135
Net operating difference (71,269) 40,800 142,056 246,276 261,597 Non-Operating
Capital Outlay (104,243)
One-time water entitlement sales - 125,000 750,187 125,000 Loan Proceeds - Sewer Loan 600,000 -
Debt Service - State Loan (206,448) (206,448) (206,448) (206,448) (206,448) Debt Service - Sewer Loan - (4,650) (609,300)
Interfund Transfers 76,507 - - - -
(129,941) 393,552 (86,098) (169,804) (81,448)
Net Operating Difference (201,210) 434,352 55,958 76,471 180,149 Ending Fund Balance (527,571) (93,219) (37,261) 39,210 219,359 Fund Balance Allocation
Unassigned (527,571)
-
(527,571) (93,219) (37,261) 39,210 219,359
Scenario VI - Original
(93,219) (37,261) -
Cash Flow - - - 39,210 2 19,359
Capital Equip. Reserve - - - -
PGCC 3-2-2022
Beginning Fund Balance
Revenues
Reclaimed Water
Interest Earned
Other
Expenses
Contract Services
Legal Services
Postage
Telephone
Utilities
Internal Service Charges
Indirect Costs
Equipment Repair
Misc. Expense
Net operating difference
Non-Operating
Capital Outlay
One-time water entitlement sales
Loan Proceeds - Sewer Loan
Debt Service - State Loan
Debt Service - Sewer Loan
Interfund Transfers
Net Operating Difference
Ending Fund Balance
Fund Balance Allocation
Unassigned
Cash Flow
Capital Equip. Reserve
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon Cost per gallon
0.0268 0.0279 0.0290 0.0304 0.0320
4.0% 4.0% 4.0% 5.0% 5.0%
Year 7 Year 8 Year 9 Year 10 Year 11
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
219,359 417,432 636,504 751,637 56,647
834,434 867,811 902,524 947,650 995,032
2,194 6,261 9,548 11,275 850
- - - - -
836,627 874,073 912,071 958,924 995,882
368,041 379,083 390,455 402,169 414,234
- - - - -
- - - - -
- - - - -
157,571 162,298 167,167 172,182 177,348
4,356 4,356 4,356 4,356 4,356
27,138 27,816 28,511 29,224 29,955
- - - - -
- - - - -
557,106 573,553 590,490 607,931 625,893
279,521 300,520 321,581 350,993 369,989
(839,535)
125,000 125,000 - - -
(206,448) (206,448) (206,448) (206,448) (206,448)
- - - - -
(81,448) (81,448) (206,448) (1,045,983) (206,448)
198,073 219,072 115,133 (694,991) 163,541
417,432 636,504 751,637 56,647 220,188
0 (0) 0 (0)
250,000 56,647 220,188
167,432 386,504 501,637 - -
417,432 636,504 751,637 56,647 220,188
0 2 50,000 250,000
Scenario VI - Original
PGCC 3-2-2022
Scenario VI - Updated for Fiscal Year 20/21 Actuals
Cost per gallon Cost per gallon Cost per gallon Cost per gallon Cost per
gallon
$ 0.01721 0.0207 0.0248 0.0258
Actual Actual 20.0% 20.0% 4.0%
Year 2 Year 3 Year 4 Year 5 Year 6
FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24
Beginning Fund Balance (326,361) (527,571) (36,689) 31,781 123,745 Revenues
Reclaimed Water 524,041 597,833 658,348 790,017 821,618 Interest Earned 421 - 9,721 421 1,237
Other - - - - -
524,462 597,833 668,069 790,438 822,855
Expenses
Contract Services 356,606 335,610 345,678 356,049 366,730 Legal Services - - - - -
Postage - - - - -
Telephone - - - - -
Utilities 206,168 138,317 142,467 146,741 151,143
Internal Service Charges 4,357 5,000 4,356 4,356 4,356
Indirect Costs 28,600 20,000 21,000 21,525 22,063
Equipment Repair - 1,576 - - -
Misc. Expense - - - - -
595,731 500,503 513,501 528,670 544,292
Net operating difference (71,269) 97,330 154,568 261,768 278,563 Non-Operating
Capital Outlay (104,243)
One-time water entitlement sales - 125,000 750,187 125,000 Loan Proceeds - Sewer Loan 600,000 -
Debt Service - State Loan (206,448) (206,448) (206,448) (206,448) (206,448) Debt Service - Sewer Loan - (4,650) (609,300)
Interfund Transfers 76,507 - - - -
(129,941) 393,552 (86,098) (169,804) (81,448)
Net Operating Difference (201,210) 490,882 68,470 91,964 197,115 Ending Fund Balance (527,571) (36,689) 31,781 123,745 320,860 Fund Balance Allocation
Unassigned (527,571) (36,689) - - -
Cash Flow - - 31,781 123,745 250,000
Capital Equip. Reserve - - - - 70,860
(527,571) (36,689) 31,781 123,745 320,860
PGCC 3-2-2022
Beginning Fund Balance
Revenues
Reclaimed Water
Interest Earned
Other
Expenses
Contract Services
Legal Services
Postage
Telephone
Utilities
Internal Service Charges
Indirect Costs
Equipment Repair
Misc. Expense
Net operating difference
Non-Operating
Capital Outlay
One-time water entitlement sales
Loan Proceeds - Sewer Loan
Debt Service - State Loan
Debt Service - Sewer Loan
Interfund Transfers
Net Operating Difference
Ending Fund Balance
Fund Balance Allocation
Unassigned
Cash Flow
Capital Equip. Reserve
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon Cost per gallon
0.0268 0.0279 0.0290 0.0304 0.0320
4.0% 4.0% 4.0% 5.0% 5.0%
Year 7 Year 8 Year 9 Year 10 Year 11
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
320,860 536,723 775,041 910,418 236,929
854,483 888,662 924,208 970,419 1,018,940
3,209 8,051 11,626 13,656 3,554
- - - - -
857,691 896,713 935,834 984,075 1,022,494
377,732 389,064 400,736 412,758 425,141
- - - - -
- - - - -
- - - - -
155,677 160,347 165,158 170,112 175,216
4,356 4,356 4,356 4,356 4,356
22,615 23,180 23,760 24,354 24,962
- - - - -
- - - - -
560,380 576,947 594,009 611,580 629,675
297,311 319,765 341,825 372,495 392,819
(839,535)
125,000 125,000 - - -
(206,448) (206,448) (206,448) (206,448) (206,448)
- - - - -
(81,448) (81,448) (206,448) (1,045,983) (206,448)
215,863 238,317 135,377 (673,488) 186,371
536,723 775,041 910,418 236,929 423,300
- - - - -
250,000 250,000 250,000 56,647 220,188
286,723 525,041 660,418 180,282 203,112
536,723 775,041 910,418 236,929 423,300
Scenario VI - Updated for Fiscal Year 20/21 Actuals
PGCC 3-2-2022
www.FinanceDTA.com
Newport Beach | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa January 7, 2022
To: Tori Hannah
Daniel Gho
From: Andrea Roess, Managing Director, DTA
Steve Runk, Vice President Engineering, DTA
Subject: Peer Review of City Business Plan
The City of Pacific Grove (“City”) recently constructed a 0.250 MGD reclaimed water treatment plant (“Plant”) for the purpose of replacing potable water deliveries with reclaimed water to three principal customers, Pacific Grove Golf Links, El Carmelo Cemetery and Point Pinos Lighthouse landscaping. A detailed background of the existing physical and financial conditions of the reclaimed water system can be found in Pacific Grove Local Water Project Business Plan dated June 21, 2021 (“Business Plan”). City has asked DTA to conduct a peer review, consisting of: 1) an evaluation of the assumptions, methodology and calculations used to determine the proposed reclaimed water rate described in the Business Plan; and 2) provide a break-even rate analysis.
After review of the City’s Business Plan and rate analysis, DTA has determined that the City’s analysis of revenues and costs, debt service and available fund balances on an annual basis is rational, supportable and is consisted with industry practice. The City’s financial model follows closely with the recommendations of American Water Works Association (AWWA) Manual of Water Supply Practices, M1. Furthermore, DTA has determined that to achieve a sustained, breakeven operation, City must impose steep increases in early years to reach a rate level of over $0.03 per gallon with modest increases thereafter.
EVALUATION OF THE BUSINESS PLAN
City looked at proposed revenues and expected expenses through FY28/29 (Year 11) for seven different revenue and cost assumption scenarios. Scenarios I-VII considered various combinations of supplementary water entitlementsales and debt repayment of operating loans. An overview of the findings for the seven scenarios can be found in the “Alternatives” section of the Business Plan. A rate analysis for Scenario VI, titled LWP Proforma, Scenario VI, was provided by City (“rate model”). This rate model was subsequently updated by City to include actual operating costs for FY20/21 as well as adjustments for recent average water demand. This analysis included one-time water rights sales in years 4 through 8.
Also included are proceeds in year 3 from a $600,000 sewer fund loan, with loan repayments plus interest occurring in years 4 and 5. Operating costs were adjusted for inflation in subsequent years. Investment earnings on annual reserve balances included as a revenue source.
Revenues
The rate revenue in any given year is determined by multiplying the expected reclaimed water consumption, in gallons of reclaimed water, by the assumed rate, in dollars per gallon for that year. The expected consumption for each fiscal year is based on historical data and is discussed in the Business Plan. Other revenue shown in Scenario VI included one-time sales of water rights in years 4 through 8, and interest earned on fund balances.
Operating Expenses
Annual expenses such as contract services and utilities are based on actual costs incurred for FY20/21 and adjusted for inflation every year thereafter. In FY20/21 equipment repair and maintenance costs were incorporated into the contract services line item, in the amount of $21,000. Indirect costs are adjusted annually for inflation. Internal service charges are PGCC 3-2-2022
City of Pacific Grove
Peer Review January 7, 2022
assumed constant at $4,356 annually. Membranes have a useful life significantly greater than one year and therefore its replacement cost is considered a capital outlay.
Capital Outlay
Capital outlay costs, which include capital expenditures and membrane replacement, are identified in the Business Plan by fiscal year. In this model capital outlays occur in FY22/23 and FY 27/28. The remainder of the 30-year C.I.P. expenses occur in fiscal years beyond this study horizon. Funding for the capital outlay will be on a pay-as-you-go basis from the fund balances and therefore there will be no debt service related to capital outlays. The amount and timing of capital outlays are based on engineering estimates and are as shown in the Business Plan.
Debt Service
The rate model includes annual debt service payments for a State Revolving Loan of $206,448. In FY 21/22 and FY22/23 the project will repay a sewer fund loan of $600,000, with interest, in lump sum payments.
City Rate Increase Recommendations and Fund Balances
In Scenario VI the City proposes rate increases of 20% in Year 4 and Year 5, with 4% and 5% annual increases thereafter.
This will result in positive fund balances in year 4 and each year thereafter, with a positive fund balance of $423,300 in Year 11. A substantial fund balance in year 11 is necessary to assist in providing sufficient funds in later years to pay for the remainder of the C.I.P. program.
BREAK EVEN ANALYSIS
As stated in the Business Plan, the project has been operating at an annual loss. City Staff has asked DTA to provide an independent analysis of rates that assumes that 1) annual revenues will cover annual expenses, and 2) provide fund balances that can pay for capital improvements in the near term as well as establish a reserve fund that will assist in funding future capital improvements beyond the horizon of this analysis. For the purposes of DTA’s analysis, it is assumed that steep increases are imposed in the first two years to remove all annual negative operating balances, with modest increases thereafter. For instance, the attached model shows that rate increases of 35% and 21% in the first two years are required to prevent negative operating fund balances, and annual increases of 3% thereafter will build a fund balance of just under $500,000 in year 7 that will assist in meeting the C.I.P. requirements in later years.
Revenue, Expense and Debt Service Assumptions
DTA’s analysis uses the same annual water consumption and annual expense data shown in the City’s rate model discussed above. Also, the Capital Outlay expenses are repeated from the City’srate model. This analysisincludes annual debt service payments for a State Revolving Loan. The interfund transfer of $76,507 was provided by the General Fund and repayment was not required. In FY20/21 the project received a loan of $600,000 from the sewer fund, as well as $37,000 in temporary funds to assist with cash flow. City staff assumes that this will be repaid through other sources also, rather than operating revenues shown herein. This analysis also assumes that any water rights sales that occur during this study period are not made a part of this analysis.
Findings
Based on the above assumptions, DTA finds that rate increases of 35% in Year 4, 21% in year 5 and 3% per year in Years 6 through 11 are necessary to achieve positive fund balances from this point forward, while accumulating a fund balance of just under $500,000 by year 11, to be used to fund capital improvements in later years. Steep increases in Years 4 and 5 are necessary to increase the rate levels from 0.017 per gallon to around $0.03 per gallon by Year 8. A rate level of around $0.03 per gallon with modest annual increases thereafter will enable City to not only achieve a break-even operation but allow fund balances to accumulate so that by year 11 these balances can carry forward to help fund future C.I.P. projects.
PGCC 3-2-2022
City of Pacific Grove
Peer Review January 7, 2022
If the City choses to increase rates at a slower pace, the enterprise will continue to experience annual budget shortfalls, which will need to be offset by other sources.
BREAK EVEN ANALYSIS MODEL
Key Assumptions:
No water rights sales revenue Included in this model
Debt repayment for sewer fund loan made from other sources Interfund transfer repayment made from other sources
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
$ 0.01721 0.0232 0.0281 0.0290 0.0298 0.0307 0.0316 0.0326 0.0336 Actual Actual 35.0% 21.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Beginning Fund Balance (326,361) (527,571) 311 21,003 77,924 250,740 436,308 635,624 849,180 237,954 Operating Revenues
Reclaimed Water 524,041 597,833 740,641 896,176 923,061 950,753 979,275 1,008,654 1,038,913 1,070,081 Interest Earned 421 - 107 495 1,643 3,435 5,360 7,424 5,436 Non Opereating Revenues
One Time Entitlement Sales
Interfund Transfers 76,507
Operating Loan Proceeds - 637,000 - - - - - - - -
Subtotal - Revenues 600,969 1,234,833 740,641 896,282 923,556 952,396 982,711 1,014,013 1,046,337 1,075,516 Expenses
Contract Services 356,606 335,610 345,678 356,049 366,730 377,732 389,064 400,736 412,758 425,141 Legal Services - - - - - - - - - -
Postage - - - - - - - - - -
Telephone - - - - - - - - - -
Utilities 206,168 138,317 142,467 146,741 151,143 155,677 160,347 165,158 170,112 175,216 Internal Service Charges 4,357 5,000 4,356 4,356 4,356 4,356 4,356 4,356 4,356 4,356 Indirect Costs 28,600 20,000 21,000 21,525 22,063 22,615 23,180 23,760 24,354 24,962 Equipment Repair - 1,576 - - - - - - - -
Misc. Expense - - - - - - - - - -
subtotal - Expenses 595,731 500,503 513,501 528,670 544,292 560,380 576,947 594,009 611,580 629,675 Net operating difference 5,238 734,330 227,140 367,612 379,264 392,016 405,763 420,004 434,757 445,841 Non-Operating:
Capital Outlay (104,243) (839,535)
Debt
Debt Service - State Loan (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) Repayment of Interfund Transfer - - - - - - - -
Debt Service - Sewer Loan -
sub total - Debt (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) Net Revenue/Deficit (201,210) 527,882 20,692 56,921 172,816 185,568 199,315 213,556 (611,226) 239,393 Ending Fund Balance (527,571) 311 21,003 77,924 250,740 436,308 635,624 849,180 237,954 477,347 DTA Break Even Analysis
PGCC 3-2-2022
City Council
City of Pacific Grove
Local Water Project
Business Plan
February 16, 2022 [email protected] 1
PGCC 3-2-2022
February 16, 2022 [email protected] 2
2010
Project concept
originated.
Use of potable is not
sustainable/
environmentally
sound
Project Purpose: convert wastewater for irrigation purposes 2015
City issued RFP for
design-build.
Funded by $2.5M
grant and 1% State
Loan
2018
Construction
completed
&
plant
operating
PGCC 3-2-2022
City has agreement with PERC
Water for operations
5-year agreement commenced
in January of 2018
Customers include: Golf Course
(CourseCo) Cemetery, Point
Pinos Lighthouse grounds, and
truck fill
February 16, 2022 [email protected] 3
PGCC 3-2-2022
Reclaimed water is sold at $0.017/gallon
February 16, 2022 [email protected] 4
Acre Feet of Water Sold per Calendar Year
Location 2018 2019 2020
Golf Course 80.23 77.09 72.13
Cemetery/Lighthouse 14.28 17.1 19.17
Truck Fill 1.3 1.52 2.07
Total 95.81 95.71 93.37
2021 Totals 99.7 Acre Feet ; not noted in business plan PGCC 3-2-2022
LWP is operating in a deficit
Primarily due to lack of sales
Utility Cost
Debt Service
Need to set aside for reserves
February 16, 2022 [email protected] 5
PGCC 3-2-2022
February 16, 2022 [email protected] 6
• October 2020: Staff presented potential option to pursue at LWP Perform Energy Audit
Renegotiate CourseCo lease
Lease facility
Perform operations "In House"
Do nothing
• Council directed staff to prepare a Business Plan
• Plan presented to City Council in June of 2021
• Council directed staff to obtain a peer review of the plan • Review to evaluate break even analysis
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February 16, 2022 [email protected] 7
• October 2021: Council authorized agreement with DTA
• Evaluation costs, revenue needs, and break-even
calculations
• DTA provided memo to City Dated January 7, 2022
• Memo provides peer review of Business Plan
• DTA determined that City's analysis is rational,
supportable and consistent with industry practice
• DTA recommends increases in water rates
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Business Plan Financial Goals
Assess the current operations
Understand contributing factors
Resolve immediate operating concerns
Repayment of interfund loan
Begin process to achieve on-going fiscal sustainability Incorporate best practices
Continually evaluate operations
Potential rate study in two-three years
Confirm with peer review
2/16/2022 Tori Hannah, [email protected] 8 The business plan presents long-term information for the purpose of capital planning; however, it also needs to be evaluated on an on-going basis and shortterm basis PGCC 3-2-2022
Revenues, Expenditures, and Available Fund Balance
Fiscal Year 20/21 Actual Available Fund Balance ($37,000) 2/16/2022 Tori Hannah, [email protected] 9 $600,000 Interfund
Sewer Loan
($77)
($326)
($519)
($93)
-$600
-$400
-$200
$0
$200
$400
$600
$800
$1,000
$1,200
FY 17/18 FY 18/19 FY 19/20 FY 20/21 Est
Thousands
Expenditures Avail. Fund Balance Revenues and Transfers PGCC 3-2-2022
Local Water Project Assessment
Challenges Opportunities
New operation, three full years of data
Cap placed on Golf Course water sales,
prohibited full cost recovery
Unplanned water treatment costs
Initial costs of approx. $79,000 not
covered by loan proceeds
Demand not as high as in original model
Recovering existing deficit and provide
for future planning
Cash flow
Equipment replacement reserve
Rainy day reserve
Work with golf course concessionaire
to remove or adjust cap
Account for full-cost recovery when
developing rate
Consider gradual ramp-up of rates
Consider supplementing with water
entitlement sales
Seek cost reduction strategies
Consider applying a percentage or flat
amount from water entitlement sales
to reduce or pay-off the $600,000
loan from the Sewer Fund.
Explore other alternatives
February 16, 2022 Tori Hannah, [email protected] 10 PGCC 3-2-2022
Assess Cash Flow Needs
Cash Flow, Net of Transfers
2/16/2022 Tori Hannah, [email protected] 11 -$300,000
-$250,000
-$200,000
-$150,000
-$100,000
-$50,000
$0
$50,000
$100,000
$150,000
$200,000
$250,000
July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
FY 19/20 FY 18/19 FY 20/21 YTD
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Incorporate Capital Replacements and Membranes
2/16/2022 Tori Hannah, [email protected] 12 Capital Replacement and Membranes
Replace
Interval
Assumed
Purchase Year
Membrane
Replace.
Costs (1)
Capital
Costs
Total Adjusted for
current dollars
at est. 2.0%
CPI (2)
1-5 FY 22/23 YR 5 $ $ 90,750 $ 90,750 $ 104,243
6-10 FY 27/28 YR 10 42,500 619,468 661,968 839,535
11-15 95,000 1,220,558 1,315,558 1,842,099
16-20 1,477,698 1,477,698 2,284,491
21-25 95,000 662,203 757,203 1,292,460
26-30 95,000 1,134,573 1,229,573 2,317,180
-
$ 327,500 $ 5,205,250 $ 5,532,750 $ 8,680,008
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Review Estimated and Actual Information
Cost per Gallon Based on Actual and Estimated Costs
FY 18/19 FY 19/20 FY 20/21 Est.
Expenditures $737,088 $795,819 $675,000
Gallons sold 29,741,422 31,126,940 30,434,000
Avg. Cost per gallon $0.0248 $0.0256 $0.0222
2/16/2022 Tori Hannah, [email protected] 13 Avg. Cost per Gallon (CPG) with Capital and Significant Equipment Replacement Costs
FY 18/19 FY 19/20 FY 20/21 Est.
CPG with avg. capital at $184,000 $0.0310 $0.0315 $0.0282 CPG with avg. capital at $232,000 $0.0326 $0.0330 $0.0298 PGCC 3-2-2022
Multiple Scenarios
Estimated Available Fund Balance: Original Scenario VI
2/16/2022 Tori Hannah, [email protected] 14 (600,000)
(400,000)
(200,000)
-
200,000
400,000
600,000
800,000
19/20 20/21 21/22 22/23 23/24 24/25 25/26 26/27 27/28 28/29 Savings begins for capital improvements
Significant investment in Fiscal Year 27/28
Capital set-aside resumes in Fiscal Year 27/28
Revised Scenario VI included in packet and analysis to reflect drought demand PGCC 3-2-2022
City Scenarios and Peer Review
The difference primarily relates to how we get to sustainability City Scenarios
Include multiple options
• Gradual ramp-up scenarios
• Subsidize with water entitlement revenues, not an on-going revenue • Combination of rates and subsidies
Includes reference to loan repayments, reflects the accounting Estimated break-even point with capital: Approximately $0.03 per gallon Consultant Independent Scenario
Does not include subsidies
Two-year significant increases, lower increases in future years Assumes loan repayment and negative fund balance covered outside of operation Estimated break-even point with capital: Approximately $0.03 per gallon 2/16/2022 Tori Hannah, [email protected] 15 PGCC 3-2-2022
Loan Repayment Plan
2/16/2022 Tori Hannah, [email protected] 16 Option: Provide a “fresh start” by not using operating revenues to cover prior year deficits
Commit water entitlement promissory note payment in the amount of $625,187 to be used for the loan repayment
Interest on loan charged based on the City’s investment portfolio for the complete loan term, with quarterly interest payments Provides the Sewer Fund with the same amount of interest that it would have earned if the funds were retained within the Sewer Fund
Lump sum payment of loan principal due upon receipt of the promissory note proceeds
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Receive the Peer Review of Pacific Grove Local Water
Project Business Plan prepared by DTA, validating the
City’s assumptions noted in the Business Plan, and
authorize staff to being negotiations with CourseCo;
and approve a loan repayment plan for the Sewer
Fund Interfund Loan.
February 16, 2022 [email protected] 17
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City Council
City of Pacific Grove
Questions?
February 16, 2022 [email protected] 18
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Agenda No. 12 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk
MEETING DATE: March 2, 2022
SUBJECT: Hybrid Meeting Update This item was continued from the February 16, 2022 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Approve staff recommendation to commence hybrid meetings by phases as outlined in the Discussion section of agenda report.
DISCUSSION
The City Clerk has been working with the City Manager, IT Department, Public Works, and the Police Department in order to provide this status update. As the Council was informed earlier, all metrics on the technology side have been accomplished except for a time clock. The time clock method currently used will continue to be used until another is put into place. This report provides phases staff believes applicable in commencing hybrid meetings on March 2, 2022. The phases are pursuant to safety recommendations by the City's Human Resources Department, Safety Committee, the California Department of Public Health (CDPH) and the California Joint Powers Insurance Agency (CJPIA). Phases cover masks/vaccination cards, plexiglass inserts, chamber capacity limits, and social distancing.
The State's indoor mask requirement will end February 15, 2022, and will revert to the previous guidance. Effective February 16, 2022, masks will be required for unvaccinated individuals in all indoor public settings, and for all individuals regardless of vaccination status, in higher risk settings such as public transit, etc. Businesses, venue operators, hosts, etc. may determine their own paths forward to protect staff and patrons and may choose to require all patrons to wear masks. The California Department of Public Health's February 7, 2022, is attached for ease of reference. AB 361 expires in January 2024, so long as the Governor has declared a state of emergency. The Governor’s Executive Order declaring a state of emergency is set to expire on March 31, 2022. It is unknown at this time whether it will be extended by a further order. A County of Monterey State of Emergency Declaration could continue the virtual meetings, however, it is unknown whether the County of Monterey will issue one. AB 361 and Executive Order N-1-22 are attached for the Council's ease of reference.
The Council should note that the Mayor's State of the City Address set for February 23, 2022, at 6:00 PM will be held via hybrid. The Mayor will attend in-person. Capacity in Chamber limited to approximately 20 will be established for the public and attendance will be on a first come, first served PGCC 3-2-2022
basis. No public will be allowed to stand in Council Chamber, unless in line for public speaking and then no more than a line of 3 members of the public is recommended. Outdoor speakers will be turned on and chairs will be made available for outdoor seating. Due to inadequate spacing, no hallway seating is recommended. The public may continue attending via Zoom. The City Clerk, Deputy, IT, and AMP staff will attend in-person. Medical grade masks will be required and Chamber will be supplied with hand sanitizer, wipes, and extra masks where needed. Open doors and windows will provide ventilation.
Based on the information above, staff recommends the following phases to ease into hybrid meetings.
Phase 1: For City Council Meetings of March 2, 2022, and March 16, 2022, the Mayor plus three other members of the Council attend in-person. This could alternate for the March 16, 2022, meeting.
Capacity in Chamber limited to approximately 20 will be established for the public and attendance will be on a first come, first served basis. No public will be allowed to stand in Council Chamber, unless in line for public speaking and then no more than a line of 3 members of the public is recommended.
Outdoor speakers will be turned on and chairs will be made available for outdoor seating. Due to inadequate spacing, no hallway seating is recommended. The public may continue attending via Zoom. The City Clerk, Deputy, IT, and AMP staff will attend in-person. City Staff will continue to attend via Zoom. Medical grade masks will be required and Chamber will be supplied with hand sanitizer, wipes, and extra masks if needed. Open doors and windows will provide ventilation.
Phase 2: For City Council Meetings of April 6, 2022, and April 20, 2022, Mayor plus all members of the Council attend in-person (dependent upon a further State/Local Order). Capacity in Chamber limited to approximately 20 will be established for the public and attendance will be on a first come, first served basis. No public will be allowed to stand in Council Chamber, unless in line for public speaking and then no more than a line of 3 members of the public is recommended. Outdoor speakers will be turned on and chairs will be made available for outdoor seating. Due to inadequate spacing, no hallway seating is recommended. The public may continue attending via Zoom. The City Clerk, Deputy, IT, and AMP staff would attend in-person. Optional attendance of either in-person or Zoom for City Staff. Medical grade masks will be required and Chamber will be supplied with hand sanitizer, wipes, and extra masks if needed. Open doors and windows will provide ventilation.
Phase 3: For City Council Meetings of May 4 to future, Mayor plus all members of the Council attend in-person (dependent upon a further State/Local Order). Capacity in Chamber limited to approximately 20 50 will be established for the public and attendance will be on a first come, first served basis. No public will be allowed to stand in Council Chamber, unless in line for public speaking and then no more than a line of 3 members of the public is recommended. Outdoor speakers will be turned on and chairs will be made available for outdoor seating. Due to inadequate spacing, no hallway seating is recommended. The public can continue to attend via Zoom. The City Clerk, Deputy, IT, and AMP staff would attend in-person. Optional attendance of either in-person or Zoom for City Staff. Medical grade masks will be required and Chamber will be supplied with hand sanitizer, wipes, and extra masks if needed. Open doors and windows will provide ventilation.
City staff will continue to review changes that could occur with respect to COVID.
OPTIONS
1. Accept all recommendations.
2. Provide alternate direction.
FINANCIAL IMPACT:
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Council budget funds will be used for miscellaneous costs to support hybrid meetings. An approximate cost ranges between $600-800.
GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.
Attachments
CHPH Letter
AB 361
N-1-22 Order
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February 7, 2022
TO:
SUBJECT:
TOMÁS J. ARAGÓN, M.D., Dr.P.H.
State Public Health Officer & Director
GAVIN NEWSOM
Governor
State of California—Health and Human
Services Agency
California Department of
Public Health
All Californians
Guidance for the Use of Face Masks
This guidance will take effect on February 16, 2022. For current Guidance for the Use of Face Masks, see the current guidance for face coverings .
Changes Taking Effect February 16, 2022:
Universal masking shall remain required in only specified settings.
Only unvaccinated persons are required to mask in all Indoor Public Settings. Fully vaccinated individuals are recommended to continue indoor masking when the risk may be high.
Related Materials: Face Coverings Q&A | Face Coverings Fact Sheet (PDF) | Face Mask Tips and Resources | Face Shields Q&A (PDF) | Safe Schools for All Hub | More Home & Community Guidance |All Guidance | More Languages Guidance For the Use of Masks
Background
COVID-19 cases and hospitalization are declining across the state. This is due in large part to the collective efforts of Californians to get vaccinated, get boosted, and wear masks.
A universal indoor masking requirement was reinstated on December 15, 2021, to add a layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, increased in prevalence across California, the United States, and the world and spread much more easily than the original SARS-CoV-2 virus and PGCC 3-2-2022
the Delta variant. Implementing the universal masking requirement in all indoor public settings during the winter season was an important tool to decrease community transmission during the highly infectious Omicron surge.
The current hospital census is still over capacity, but the dramatic surge in cases and hospitalizations due to the highly infectious Omicron variant over the last two months has declined significantly. Californians are also increasingly knowledgeable about how to protect themselves and their loved ones with effective masks when there may be risk of COVID-19 exposure. Accordingly, it is now appropriate for the universal indoor masking requirement to expire on February 15, 2022 as scheduled.
The COVID-19 vaccines remain effective in preventing serious disease, hospitalization, and death from the SARSCoV-2 virus. Unvaccinated individuals are much more likely to become infected when compared to vaccinated and boosted individuals. Vaccination continues to remain the ultimate exit strategy out of the COVID-19 pandemic.
While the percentage of Californians fully vaccinated and boosted continues to increase, we continue to have areas of the state where vaccine coverage is low, putting individuals and communities at greater risk for COVID-19.
A series of cross-sectional surveys in the U.S. suggested that a 10% increase in self-reported mask wearing tripled the likelihood of slowing community transmission.[1] Our recently published case-control study conducted in California from February 18 to December 1, 2021 demonstrated that consistently wearing a face mask or respirator in indoor public settings reduces the risk of acquiring SARS-CoV-2 infection. [2] The masking requirement in California schools has allowed us to keep schools open when compared to other parts of the country. California accounts for roughly 12% of all U.S. students, but accounted for only 1% of COVID19 related school closures during the Omicron surge. Nationally during the Delta surge in July and August 2021, jurisdictions without mask requirements in schools experienced larger increases in pediatric case rates, and school outbreaks were 3.5 times more likely in areas without school mask requirements.[3], [4].
Maintaining the masking requirements in other specified, high-risk settings continues to be consistent with CDC recommendations and allows us to protect our most vulnerable populations and the workforce that delivers critical services in these settings.
In workplaces, employers are subject to the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) or in some workplaces the Cal/OSHA Aerosol Transmissible Diseases (ATD) (PDF) Standard and should consult those regulations for additional applicable requirements.
Masking Requirements
Masks are required for all individuals in the following indoor settings, regardless of vaccination status. Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are highly recommended.
On public transit[5] (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation) Indoors in K-12 schools[6], childcare[7]
Emergency[8] shelters and cooling and heating centers[9] Healthcare settings[10]
State and local correctional facilities and detention centers[11] Homeless shelters[12]
Long Term Care Settings & Adult and Senior Care Facilities[13] Additionally, masks are required* for unvaccinated individuals in indoor public settings and businesses (examples: retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public). Fully vaccinated individuals are recommended to continue indoor masking when the risk may PGCC 3-2-2022
be high. Surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are highly recommended.
See State Health Officer Order, issued on July 26, 2021, for a full list of high-risk congregate and other healthcare settings where surgical masks are required for unvaccinated workers, and recommendations for respirator use for unvaccinated workers in healthcare and long-term care facilities in situations or settings not covered by Cal OSHA ETS or ATD.
For additional information on types of masks, the most effective masks, and ensuring a well-fitted mask, individuals should refer to CDPH Get the Most out of Masking and see CDPH Masking Guidance Frequently Asked Questions for more information.
*Guidance for Businesses, Venue Operators or Hosts
In settings where masks are required only for unvaccinated individuals, businesses, venue operators or hosts may choose to:
Provide information to all patrons, guests and attendees regarding vaccination requirements and allow vaccinated individuals to self-attest that they are in compliance prior to entry.
Implement vaccine verification to determine whether individuals are required to wear a mask.
Require all patrons to wear masks.
No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
Exemptions to masks requirements
The following individuals are exempt from wearing masks at all times:
Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a mask without assistance.
Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines. [1] Rader B, White LF, Burns MR, et al. Mask-wearing and control of SARS-CoV-2 transmission in the USA: a crosssectional study. The Lancet Digital Health. 2021;3(3):e148–e157. [2] Andrejko KL, Pry JM, Myers JF, et al. Effectiveness of Face Mask or Respirator Use in Indoor Public Settings for Prevention of SARS-CoV-2 Infection — California, February–December 2021. MMWR Morb Mortal Wkly Rep. ePub: 4 February 2022
[3] Jehn M, McCullough JM, Dale AP, Gue M, Eller B, Cullen T, Scott SE. Association between K–12 school mask policies and school-associated COVID-19 outbreaks — Maricopa and Pima Counties, Arizona, July–August 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1372–1373.
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[4] Budzyn SE, Panaggio MJ, Parks SE, Papazian M, Magid J, Eng M, Barrios LC. Pediatric COVID-19 cases in counties with and without school mask requirements — United States, July 1–September 4, 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1377–1378.
[5] CDC Requirement for Face Masks on Public Transportation Conveyances and at Transportation Hubs [6] CDC Guidance for COVID-19 Prevention in K-12 Schools [7] CDC COVID-19 Guidance for Operating Early Care and Education/Child Care Programs [8] CDC's Interim Guidance for General Population Disaster Shelters During the COVID-19 Pandemic [9] CDC COVID-19 and Cooling Centers
[10] CDC Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic
[11] CDC Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities
[12] CDC Interim Guidance for Homeless Service Providers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)
[13] CDC Nursing Homes and Long-Term Care Facilities
California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA 95899-7377
Department Website (cdph.ca.gov)
PGCC 3-2-2022
SHARE THIS: Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022) Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites PGCC 3-2-2022
have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment.
The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in PGCC 3-2-2022
connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.
The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
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(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
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(2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.
SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all PGCC 3-2-2022
otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
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(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing.
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(4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
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(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.
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(iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 PGCC 3-2-2022
(commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.
SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
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(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.
SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.
SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.
SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.
SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
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(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.
SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.
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EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-1-22
WHEREAS on March 4, 2020, I proclaimed a State of Emergency to exist in California as a result of the threat of COYID-19; and WHEREAS on March 12, 2021, I issued Executive Order N-25-20, paragraph 11, and on March 17, 2020, I issued Executive Order N-29-20, paragraph 3, waiving certain requirements that public meetings of state bodies occur in-person; and
WHEREAS on June 11, 2021, I issued Executive Order N-08-21 to roll back certain provisions of my COVID-19-related Executive Orders and to clarify that other provisions remained necessary to help California respond to, recover from, and mitigate the impacts of the COYID-19 pandemic; and
WHEREAS paragraph 42 of Executive Order N-08-21 specified that the waiver of requirements that public meetings of state bodies occur inperson would be valid through September 30, 2021; and WHEREAS on September 16, 2021, I signed into law Assembly Bill 361 (AB 361), which amended the Government Code and Education Code to provide additional flexibility for state bodies to conduct public meetings via teleconference through January 31, 2022; and
WHEREAS since Thanksgiving, the statewide seven-day average case rate has increased by 805% and the number of COVID-19 hospitalized patients has increased by 154%; and
WHEREAS this surge is being driven by the recent emergence of the Omicron variant, which has recently been estimated to account for approximately 70% of cases sequenced nationally; and
WHEREAS early data suggest that the Omicron variant is more transmissible than the Delta variant; and
WHEREAS requiring large numbers of individuals to gather, and potentially travel long distances, for in-person public meetings could potentially, and unnecessarily, expose numerous people to COYID-19, further contribute to the ongoing surge in cases caused by the Omicron variant, compound disruptions to our economy, and undermine public health measures during the current State of Emergency; and WHEREAS when the Legislature considered AB 361 this past fall, the Omicron variant had not emerged, and the virus had not demonstrated the ability to evade immunity; and
WHEREAS in light of the present surge in cases due to the Omicron variant, and to protect the public health and safety, it is necessary to temporarily extend the flexibilities for state bodies to conduct teleconferences under AB 361 beyond January 31, 2022, to provide state bodies the option of conducting public meetings remotely to reduce the risk of in-person exposure to members of the staff body, staff, and members of the public; and
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WHEREAS under the provisions of Government Code section 8571, I find that strict compliance with the statutes specified in this Order would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, and in particular, Government Code sections 8567, 8571, and 8627 do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The sunset dates in Education Code section 89305.6, subdivision (g), and Government Code section 11133, subdivision (g), are suspended until March 31, 2022.
2. This Order shall expire at 11 :59 p.m. on April 1, 2022.
I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 5th day
of January 2022.
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY WEBER, PH.D.
Secretary of State
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Agenda No. 12 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: March 2, 2022
SUBJECT: PG Hotel Homekey Project This item was continued from the February 16, 2022 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Direct City Manager to begin public outreach on a potential Homekey project no later than March 16, 2022.
DISCUSSION
INTRODUCTION
On January 19, 2022, Council authorized an application to the CA Department of Housing and Community Development (HCD) for up to $15,000,000 for the conversion of a hotel located in Pacific Grove into a Homekey project. The application was subsequently filed with HCD.
Council also authorized the City Manager to fund, acquire, rehabilitate, and operate (with partners) the hotel located in Pacific Grove Homekey project.
DISCUSSION
Our community has a decades long history of welcoming residents in need. They include: The Bridge Restoration Ministry (addictions), Gateway Center (intellectual disabilities), Vista Point Apartments (low-income seniors), and New Start Recovery Solutions – formerly Beacon House (addictions). The addition of a Homekey project to help those experiencing homelessness, including youth and those with disabilities is in keeping with this tradition of helping others.
As with any new facility or program, Council and the community should understand how the program works and what is city government’s role. A sound public outreach program could answer questions and allay concerns including:
City responsibilities
a. What does the state require of the city for the life of this 55-year project? b. What responsibilities will the city have in its partnership with Shangri La Industries? c. What responsibilities will the city have in its partnership with Step Up Second Street? PGCC 3-2-2022
Finances
What is the budget and funding sources for the first 5 years (acquisition, rehabilitation, operation, and resident supportive services)?
d.
If funding sources decline after 5 years, what is the financial backstop for operation and resident supportive services expenses?
e.
f. What is the expected municipal tax loss?
Neighborhood
g. Will this program attract more homeless people than can be housed? h. Could local drug use or crime increase and how would that be prevented? i. What assurance exists that the site will continue to be well maintained and attractive? Residents
j. Will locals be given priority to rent?
k. Will on site supportive services for residents be available round the clock? l. Will supportive services include transportation to meet needs not available nearby? m. What is the quota system for categories of residents? n. Will residents include families?
OPTIONS
N/A
FINANCIAL IMPACT:
There is no fiscal impact in the writing of this agenda report.
GOAL ALIGNMENT: Transparency, Accountability and Communication: Implement programs, processes, revisions, and training to improve and advance the City's efforts.
Attachments
Summary
Letter of Operating Support
Mayor PPT
Staff PPT
SLI PPT
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Mayor Bill Peake
City of Pacific Grove
PG Hotel Homekey Project
February 16, 2022
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PG Hotel Homekey Project
RECOMMENDATION
Direct City Manager to begin public outreach on a
potential Homekey project no later than March 16.
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PG Hotel Homekey Project
INTRODUCTION
January 19 Council authorized an application to HCD for $15,000,000 for a hotel located in PG
Homekey application was filed January 31.
Council authorized City Manager to fund, acquire, rehabilitate, and operate with partners.
Total of 4 Authorizations by Council
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PG Hotel Homekey Project
UPDATE
The original hotel identified is not under
consideration.
A new location is needed.
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PG Hotel Homekey Project
Public Outreach needed - City responsibilities
a) What does the state require of the city for the life of this 55-year project?
b) What responsibilities will the city have in its partnership with Shangri La Industries?
c) What responsibilities will the city have in its partnership with Step Up Second Street?
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PG Hotel Homekey Project
Public Outreach needed - Finances
a) What is the budget and funding sources for the first 5 years (acquisition, rehabilitation, operation, and resident
supportive services)?
b) If funding sources decline after 5 years, what is the financial backstop for operation and resident supportive services expenses?
c) What is the expected municipal tax loss?
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PG Hotel Homekey Project
Public Outreach needed - Neighborhood
a) Will this program attract more homeless people than can be housed?
b) Could local drug use or crime increase and how would that be prevented?
c) What assurance exists that the site will continue to be well maintained and attractive?
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PG Hotel Homekey Project
Public Outreach needed - Residents
a) Will locals be given priority to rent?
b) Will on site supportive services for residents be available round the clock?
c) Will supportive services include transportation to meet needs not available nearby?
d) What is the quota system for categories of residents? e) Will residents include families?
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End
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February 16, 2022, City Council
City of Pacific Grove
Project Homekey
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City Council Action
Direct staff to begin public outreach on
Project Homekey no later than March
16th.
Potential dates available at the
Community Center are March 14th or
March 28th.
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Project Homekey Information
AN FAQ is posted on the City’s Housing Website:
https://files.cityofpacificgrove.org/Document_Cen
ter/Departments/Community%20Development/Ho
using/Main%20Page/Memo_Homekey%20FAQS
_2-14-22.pdf
The City will host a public outreach meeting in March to discuss the Homekey program and the development of verylow income housing.
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STEP UP IN PACIFIC GROVE
CREATING SOLUTIONS TO HOMELESSNESS
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HOMEKEY
• HomeKey = Permanent Supportive Housing (PSH)
• PSH = Solution to Homelessness
• Housing infused with rich supportive services
• Homekey was based in part on work of Step Up and Shangri La (SLI) • Over past fifteen years, we’ve worked to hone the motel conversion to PSH model • Step Up and SLI – 8 motel conversions since 2012
• Poised to do 14 new HomeKey projects
• National experts on motel conversions
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OUR HOMEKEY PARTNERSHIP
• City of Pacific Grove – Step Up – Shangri La Industries (SLI) partnership • Every Homekey project has three components;
• Acquisition/Rehab
• Rent Subsidy
• Services
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WHO DOES WHAT?
• Acquisition & Rehab
• Funded by Homekey and SLI
• City of PG has no obligation for acqu/rehab costs
• Rental Subsidies
• All tenants are low income
• Securing rental subsidies through HomeKey, the county and other sources • Services Funding
• Securing funding through Homekey and local sources
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WHO DOES WHAT?
• City of Pacific Grove
• Submitted HomeKey application
• Support securing rental subsidies from county, HomeKey and other sources • Support securing services funding from county, HomeKey and other sources • Shangri La
• Secure sale agreement
• Perform rehab construction to convert motel into studio apartment building • Create ownership entity across SLI and Step Up
• Step Up
• Provide on site supportive services
• Provide on site property management services
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ABOUT STEP UP
• Full service mental health agency since 1984
• Started in Santa Monica, now across CA, GA, TN and FL • We’ve housed thousands of chronically homeless individuals • We have 14 current permanent supportive housing projects • Recognized as one of the best service providers in the country • 97% retention rate of individuals who move into housing PGCC 3-2-2022
THE STEP UP MODEL
• We use Housing First- an evidenced based practice used worldwide • Three full time supportive services staff on site
• Dedicated to working solely with tenants on a day-to-day basis • That’s a 1:16 staff to tenant ratio, about the best in the business • Tenants go through a stabilization process in first 3- 12 months • Staff assist in transition from sleeping on the floor to sleeping in a bed PGCC 3-2-2022
SUPPORTIVE SERVICES
ACTIVITIES OF DAILY LIVING AND SERVICE COORDINATION
• Activities of Daily Living (ADL)
• Cooking, cleaning, shopping, budgeting, etc.
• Learning or relearning responsibilities of a housed daily life • Checking in daily
• Focus for first 6- 12 months
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SUPPORTIVE SERVICES
ACTIVITIES OF DAILY LIVING AND SERVICE COORDINATION
• Service Coordination
• Developing goal plan with each tenant
• Identify and secure community services to support that plan • Aligning all resources to support tenants
• Transport tenants to appointments as needed
• 5- 6 days/week coverage
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PROPERTY MANAGEMENT SERVICES
• Resident Manager
• Lives on site
• Rent collection, maintenance, etc.
• Eyes and ears on weekends and evening
• Coordinates with supportive services daily
• Step Up will have four staff on site focused solely on the 49 tenants PGCC 3-2-2022
Support
Service Staff
External
Community
Services
Property
Management
Stff
Successful
Tenants
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“In a matter of months, not years, Shangri La and Step Up gave some of the most vulnerable Californians the dignity of a key, a lock a door and a place to call home. This is an example of the kind of innovation we need to take this crisis on.”
Governor Newsom on our San Bernardino Homekey project, 2021 PGCC 3-2-2022
Agenda No. 12 D
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joyce Halabi, Deputy Public Works Director
MEETING DATE: March 2, 2022
SUBJECT: FY21/22 Street Rehabilitation Project – Ocean View Blvd This item was continued from the February 16, 2022 meeting.
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
RECOMMENDATION
Authorize an agreement with Monterey Peninsula Engineering for the FY21/22 Street Rehabilitation Project on Ocean View Blvd in an amount not to exceed $1,145,323 plus a 15% contingency.
DISCUSSION
The FY21/22 Street Rehabilitation Project on Ocean View Blvd was approved as part of the FY21/22 Capital Improvement Plan (CIP). This project serves as a vital road rehabilitation project that will address two segments of Ocean View Blvd:
1. Ocean View Blvd from 2nd St to Carmel Ave
2. Ocean View Blvd from 17th St to Sea Palm Ave
These segments were selected for rehabilitation based on a thorough review of the City’s Pavement Management Program, existing road conditions, and in-field observations.
Existing Conditions
These heavily trafficked road segments of Ocean View Blvd are currently in "poor" condition with a Pavement Condition Index (PCI) rating ranging from 33-40. Rehabilitation of these segments will vastly improve road conditions and allow for aging stormwater and sewer infrastructure to be addressed prior to road treatments.
Construction documents and specifications were completed in December 2021. On December 13, 2021, the City released a call for bids. 4 bids were received:
Contractor Bid
Monterey Peninsula Engineering $1,145,323
Anderson Pacific Engineering Construction Inc. $1,307,271 Granite Rock Company $1,398,084
Mckim Corporation $1,536,301.70
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Monterey Peninsula Engineering (MPE) has been qualified as the lowest responsible bidder. MPE has performed numerous street rehabilitation, stormwater and sewer improvement projects for the City and is qualified to perform this work.
Scope of Work
The scope of work for the project includes:
Approximately 182,000 SF of asphalt concrete (AC) overlay Approximately 3,000 SF of pavement patching
Various stormwater improvements including installation of 184 LF of storm water pipe, reconstruction of 5 catch basins, construction of 2 new catch basins, and 3 storm drain manhole access points
Reconstruction of 300 SF of sidewalk and 140 LF of curb/gutter Reconstruction of 3 curb ramps, construction of 1 new curb ramp Thermoplastic pavement markings
Replacement of 725 LF of sanitary sewer pipe, and
Rehabilitation of 8 manholes
It is anticipated that construction will be substantially complete before Memorial Day, May 30, 2022.
Additionally, the City has been working closely with California American Water to coordinate vital water main replacements to occur on segments Ocean View Blvd within the project area, between 17th St and Mermaid Ave and 1st St to 11th St, prior to the pavement improvements. Project coordination with California American Water allows for improved long-term pavement preservation.
OPTIONS
1. Authorize an agreement
2. Do not authorize the agreement
FINANCIAL IMPACT:
The proposed construction contract is within the approved project budget. A total budget of $1,576,443 was approved via the FY21/22 CIP and is derived from the General Fund, Road Maintenance and Rehabilitation Account (RMRA)/Senate Bill 1, Measure X, and the Sewer Fund as noted below.
Funding Source Approved CIP Funding
City of Pacific Grove General Fund $300,000
RMRA/Senate Bill 1 (SB1) $310,428
Measure X $566,015
Sewer Fund $400,000
Total $1,576,443
The General Fund allocation will be fully expended first in order to meet Maintenance of Effort (MOE) requirements. It is anticipated that the SB1 allocation will also be fully expended, and project savings will be derived from Measure X and the Sewer Fund.
GOAL ALIGNMENT: City Asset Stewardship: Repair, maintain and improve City assets, including streets, sidewalks, sewer systems, buildings, and parks and trails.
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Attachments
Draft Agreement
PPT
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1 CITY OF PACIFIC GROVE
CONSTRUCTION SERVICES AGREEMENT
FY21/22 STREET REHABILITATION PROJECT – OCEAN VIEW BLVD This CONSTRUCTION SERVICES AGREEMENT (“Agreement”), is made and effective February 28, 2022, by and between the City of Pacific Grove, a municipal corporation (“City”), and Monterey Peninsula Engineering (“CONTRACTOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on February 28, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement.
2. SCOPE OF WORK
CONTRACTOR shall perform within the time set forth in the project specifications and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction of road rehabilitation, and sewer and stormwater improvements “Work” for the FY21/22 Street Rehabilitation Project on Ocean View Blvd (hereinafter “Project”).
By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.
CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the City, the Construction Manager, the Architect, or utilities.
CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the City, the Construction Manager, or the Architect on account of delay, hindrance, interference or other events caused by a separate contractor.
3. PERFORMANCE
a. CONTRACTOR shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONTRACTOR hereunder in meeting its obligations under this Agreement.
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2 Construction Services Agreement
b. CONTRACTOR shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. CONTRACTOR further agrees to take all necessary precautions for the safety of its employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. CONTRACTOR shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards. c. CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing.
d. CONTRACTOR shall obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions. e. CONTRACTOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by CONTRACTOR or in any way affect the performance of its service pursuant to this Agreement. CONTRACTOR shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this Section.
f. CONTRACTOR agrees to comply with all the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein.
g. CONTRACTOR agrees that in the performance of this Agreement or any subagreement hereunder, neither CONTRACTOR nor any person acting on CONTRACTOR’s behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form. CONTRACTOR further agrees to comply with all laws with respect to employment when performing this Agreement.
h. CONTRACTOR shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this Agreement.
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3 Construction Services Agreement
i. To ensure performance, CONTRACTOR must provide Faithful Performance and Labor and Material Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the Agreement.
j. CONTRACTOR declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly, from CONTRACTOR, or from any officer, employee or agent of CONTRACTOR, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.
4. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
a. “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
b. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR shall ensure registration with the DIR that is active and in good standing.
c. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
d. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.
e. This Project is subject to compliance monitoring and enforcement by the DIR. f. CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the City knows that PGCC 3-2-2022
4 Construction Services Agreement
the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
5. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONTRACTOR is bound by the contents of City’s Request for Proposal on file at the Public Works Department hereto and incorporated herein by this reference, and the contents of the proposal submitted by CONTRACTOR, available on file at the Public Works Department, hereto and incorporated herein by this reference. In the event of conflict, the requirements of City’s Request for Proposals and this Agreement shall take precedence over those contained in CONTRACTOR’s proposals.
6. CITY MANAGEMENT
Public Works Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by CONTRACTOR, but not including the authority to enlarge the Scope of Work or change the compensation due to CONTRACTOR. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change CONTRACTOR’s compensation, subject to Section 7 hereof.
7. PAYMENT
a. City agrees to pay CONTRACTOR monthly, in accordance with the bid on file at the Public Works Department attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. THIS AMOUNT SHALL NOT EXCEED $1,145,323 plus a 15% contingency which sum shall include all costs, if any, for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
b. The City Manager’s contract authority is limited to a total threshold of $40,000, which includes all costs. Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which do not have City Council approval, shall be void.
c. CONTRACTOR will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of CONTRACTOR’s fees, it shall give written notice to CONTRACTOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
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d. Retention of securities: Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of CONTRACTOR.
e. Final Payment: Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the City to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Architect.
8. INSPECTION
City shall at all times have the right to inspect the work and materials. CONTRACTOR shall furnish all reasonable aid and assistance required by City for the proper examination of the work and all parts thereof. Such inspection shall not relieve CONTRACTOR from any obligation to perform said work strictly in accordance with the specifications or any modifications thereof and in compliance with the law.
9. CONTRACTOR’S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from City or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then City may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the City to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the City, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the City, or the CONTRACTOR shall pay the City the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the City.
10. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon CONTRACTOR at least thirty (30) days prior written notice. Upon receipt of said notice, CONTRACTOR shall immediately cease all work under this Agreement, unless the notice provides otherwise.
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If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, City shall pay to CONTRACTOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, CONTRACTOR will submit an invoice to the City pursuant to Section 7.c.
11. DEFAULT OF CONTRACTOR
a. CONTRACTOR’s failure to comply with the provisions of this Agreement shall constitute a default. In the event CONTRACTOR is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CONTRACTOR for any work performed after the date of default and can terminate this Agreement immediately by written notice to CONTRACTOR. If such failure by CONTRACTOR to make progress in the performance of work hereunder arises out of causes beyond CONTRACTOR’s control, and without fault or negligence of CONTRACTOR, it shall not be considered a default. b. If the City Manager or designee determines CONTRACTOR is in default in the performance of any of the terms or conditions of this Agreement, they shall cause to be served upon CONTRACTOR a written notice of the default. CONTRACTOR shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event CONTRACTOR fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
12. OWNERSHIP OF DOCUMENTS
a. CONTRACTOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. CONTRACTOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
CONTRACTOR shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at CONTRACTORS office; shall permit City to make copies and transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained at the City of Pacific Grove City Hall for a minimum period of three (3) years after receipt of final payment.
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b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of CONTRACTOR.
With respect to computer files, CONTRACTOR shall make available to City, at City’s office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
13. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both City and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
14. INDEMNIFICATION
CONTRACTOR shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and CONTRACTOR, or should City otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of City under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where PGCC 3-2-2022
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City’s active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of City.
15. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.
16. INDEPENDENT CONTRACTOR
a. CONTRACTOR is and shall at all times remain as to City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of CONTRACTOR shall at all times be under CONTRACTOR’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s officers, employees, or agents, except as set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. CONTRACTOR shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except for the fees paid to CONTRACTOR as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CONTRACTOR for performing services hereunder for City. City shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing services hereunder.
c. Any and all employees or sub-contractors of CONTRACTOR under this Agreement, while engaged in the performance of any work or services required by CONTRACTOR under this Agreement, shall be considered employees or sub-contractors of CONTRACTOR only and not of city. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or PGCC 3-2-2022
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omission on the part of the CONTRACTOR’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.
17. PREVAILING WAGE
Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1”, for Monterey County. Wage rates shall conform with those posted by Contractor and at the Project site. The following Labor Code sections are hereby referenced and made a part of this Agreement:
a. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates. b. Section 1777.4 - Apprenticeship Requirements.
c. Section 1777.5 - Apprenticeship Requirements.
d. Section 1813 - Penalty for Failure to Pay Overtime.
e. Sections 1810 and 1811 - Working Hour Restrictions.
f. Section 1775 - Payroll Records.
g. Section 1773.8 - Travel and Subsistence Pay.
h. Section 1778 – Kickbacks.
i. Section 1779, 1780 – Acceptance of Fees.
j. Section 1771.4 – Certified Payroll.
Pursuant to the Labor Code, City is required to withhold from any progress payments owed to a contractor any amount that has been forfeited as penalties, or as wages owed to employees who have not been paid the prevailing wage for work performed. This allows the intervention by the Division of Labor Standards Enforcement, which is headed by the State Labor Commission, in a contractor’s lawsuit for recovery of amounts withheld by an awarding body. All withheld wages and penalties will be transferred to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after completion of the public works contract and formal acceptance of the job by the awarding body. The Labor Commissioner is then permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld.
18. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Project performed under this Agreement.
19. CONFLICT OF INTEREST
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CONTRACTOR shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.
CONTRACTOR covenants that neither they nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub-contractor.
CONTRACTOR further covenants that CONTRACTOR has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that CONTRACTOR and/or its sub-contractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
If City determines CONTRACTOR comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.), CONTRACTOR shall complete and file and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with City disclosing CONTRACTOR’s and/or such other person’s financial interests.
20. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.
21. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
a. All information gained by CONTRACTOR in performance of this Agreement shall be considered confidential and shall not be released by CONTRACTOR without City’s prior written authorization. CONTRACTOR, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided CONTRACTOR gives City notice of such court order or subpoena.
b. CONTRACTOR shall promptly notify City should CONTRACTOR, its officers, employees, agents, or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or PGCC 3-2-2022
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party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent CONTRACTOR and/or be present at any deposition, hearing, or similar proceeding. CONTRACTOR agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by CONTRACTOR. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
22. SUBSURFACE HAZARDOUS MATERIALS
a. In the event trenches or other excavations extend deeper than four (4) feet below the surface, CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
i. Material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
ii. Subsurface or latent physical conditions at the site differing from those indicated.
iii. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the Agreement. b. Upon receipt of said notification, City will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR’s cost of or the time required for performance of any part of the work, the City will issue a change order under the procedures described in the Specifications.
c. In the event a dispute arises between the City and CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of or time required for performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
23. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if Work is not completed within the Agreement time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the City will suffer damage. It is therefore agreed that the PGCC 3-2-2022
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CONTRACTOR shall pay to the City the $1,000 or each and every calendar day of delay beyond the Agreement Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Agreement activity.
CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the City accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Agreement Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that City may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Section does not exclude recovery of damages under provisions of the Agreement Documents and is expressly in addition to the City’s ability to seek other damages.
Parties will meet and agree on a contract schedule. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.
24. WARRANTY
In addition to any and all warranties provided or implied by law or public policy, CONTRACTOR warrants that all Services (including but not limited to all equipment and materials supplied in connection therewith) shall be free from defects in design and workmanship, and that CONTRACTOR shall perform all Services in accordance with all applicable engineering, construction and other codes and standards, and with the degree of high professional skill normally exercised by or expected from recognized professional firms engaged in the practice of supplying services of a nature similar to the Services in question. CONTRACTOR further warrants that, in addition to furnishing all tools, equipment and supplies customarily required for performance of work, CONTRACTOR shall furnish personnel with the training, experience and physical ability, as well as adequate supervision, required to perform the Services in accordance with the preceding standards and the other requirements of this Agreement. In addition to all other rights and remedies which City may have, City shall have the right to require, and CONTRACTOR shall be obligated at its own expense to perform, all further services which may be required to correct any deficiencies which result from CONTRACTOR’s failure to perform any Services in accordance with the standards required by this Agreement. Moreover, if, during the term of this Agreement (or during the one (1) year period following the term hereof), any equipment, goods or other materials or Services used or provided by CONTRACTOR under this Agreement fail due to defects in material and/or workmanship or other breach of this Agreement, CONTRACTOR shall, upon any reasonable notice from City, replace or repair the same to City’s satisfaction. Unless otherwise expressly permitted, all materials PGCC 3-2-2022
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and supplies to be used by CONTRACTOR in the performance of the Services shall be new and best of kind.
CONTRACTOR hereby assigns to City all additional warranties, extended warranties, or benefits like warranties, such as insurance, provided by or reasonably obtainable from suppliers of equipment and material used in the Services.
25. CLAIM PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 9204 CONTRACTOR shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the City under this Agreement.
26. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: Daniel Gho, Public Works Director
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
To CONTRACTOR: Peter J Taormina, Manager
Monterey Peninsula Engineering
PO BOX 400
Marina, CA 93933
27. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
28. ASSIGNMENT
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CONTRACTOR shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.
29. GOVERNING LAW
City and CONTRACTOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City. CONTRACTOR agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive personal jurisdiction and venue of the aforementioned courts.
30. ATTORNEY’S FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case, and such fee shall be included in the judgment together with all costs.
31. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of CONTRACTOR warrants and represents that they have the authority to execute this Agreement on behalf of the CONTRACTOR and the authority to bind CONTRACTOR to the performance of its obligations hereunder.
32. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
33. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
a. This document represents the entire and integrated Agreement between City and CONTRACTOR, and supersedes all prior negotiations, representations and agreements, either written or oral.
b. Any modification or amendment to this Agreement must be in writing.
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c. Neither City nor CONTRACTOR shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.
34. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF PACIFIC GROVE CONTRACTOR
By: By:
Public Works Director .
Date: Date:
By: ___________________________ By: ____________________________ City Mayor
Date: ___________________________ Date: ___________________________ Approved As To Form:
City Attorney
_______________________________
Date
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Exhibit A
Scope of Work/Services
CONTRACTOR shall provide construction services per bid specifications and engineered drawings titled “STREET REHABILITATION PROJECT OCEAN VIEW BOULEVARD BETWEEN 2ND & CARMEL AVE AND BETWEEN 17TH ST & SEAL PALM AVE” prepared by Neill Engineers Corp, dated December 13, 2021. The bid specifications and engineered drawings are incorporated herein by reference and are made an integral part of this Agreement.
Contractor and /or sub-contractors shall provide the City of Pacific Grove’s project manager daily field observation/inspection reports and testing results. All areas of project requiring compaction testing shall be done in conformance with job specifications.
The work, as indicated by the plans shall be done in accordance with the special provisions/technical specifications as designated and engineered by Neill Engineers Corp, in accordance with the current edition of Standard Specifications of the State of California Department of Transportation.
Contractor shall remove of all existing unused soils, base and asphalt materials and properly dispose said materials at a State approved disposal site.
Contractor shall submit a traffic control plan to the City’s Traffic Engineer for approval no less than 10 days prior to the commencement of work.
Contractor shall notice all residents and business properties that abut streets of this project and all residents and business within 300 feet of this project with dates, times, and type of work to be performed no less than 10 days prior to commencement of any work.
All work as outlined in this contract, project specifications and engineered plans shall be performed in a workman like manner and in accordance with industry standards.
All Environmental and water pollution prevention requirements as specified in the plans and specification shall be met and constantly monitored throughout the project.
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Exhibit B
Insurance Specifications
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
Builder’s risk insurance (construction contracts as applicable). Upon commencement of construction and with approval of City, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.
The named insureds shall be CONTRACTOR and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City.
The City will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an “all risk” basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty PGCC 3-2-2022
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workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and sublimits and shall be submitted to the City prior to commencement of construction.
1. Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors.
If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its PGCC 3-2-2022
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officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by CONTRACTOR or City will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Agreement provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the City to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
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20 Construction Services Agreement
Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the City and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
Timely notice of claims. CONTRACTOR shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work
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City Council
City of Pacific Grove
FY21/22 Street
Rehabilitation Project
Award of Contract
February 16, 2022 Joyce Halabi, [email protected] PGCC 3-2-2022
Authorize an agreement with Monterey Peninsula Engineering for the FY21/22 Street Rehabilitation Project on Ocean View Blvd in an amount not to exceed $1,145,323 plus a 15% contingency.
February 16, 2022 Joyce Halabi, [email protected] PGCC 3-2-2022
The FY21/22 Street Rehabilitation Project, addressing segments of Ocean View Blvd, was approved as part of the FY21/22 Capital Improvement Plan (CIP)
Selected based on review of the Pavement Management Program, existing road conditions and in-field observations.
February 16, 2022 Joyce Halabi, [email protected] PGCC 3-2-2022
February 16, 2022 Joyce Halabi, [email protected] Project will address two segments of Ocean View Blvd (OVB):
OVB from 17th St to Sea Palm (A) OVB from 2nd to Carmel (B) B
A
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Both segments are in “Poor” Condition with a PCI ranging from 33-40 February 16, 2022 Joyce Halabi, [email protected] Project will significantly improve pavement conditions & underground infrastructure
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February 16, 2022 Joyce Halabi, [email protected] • ~182,000 SF of asphalt concrete (AC) overlay
• ~ 3,000 SF of pavement patch
• Install of 184 LF of storm water pipe, reconstruct of 5 catch basins, construct of 2 new catch basins and 3 storm drain manhole access points • Reconstruct 300 SF of sidewalk and 140 LF of curb/gutter • Reconstruct 3 curb ramps, construct 1 new curb ramp
• Thermoplastic pavement markings
• Replace of 725 LF of sanitary sewer pipe, and
• Rehabilitation of 8 manholes
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February 16, 2022 Joyce Halabi, [email protected] MPE Qualified as lowest responsible bidder
On December 13, 2021, the City released a call for bids.
Contractor Amount
Monterey Peninsula Engineering $1,145,323
Anderson Pacific Engineering Construction Inc. $1,307,271 Granite Rock Company $1,398,084
Mckim Corporation $1,536,301.70
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February 16, 2022 Joyce Halabi, [email protected] Funding Source Approved CIP Funding
City of Pacific Grove General Fund $300,000
RMRA/Senate Bill 1 (SB1) $310,428
Measure X $566,015
Sewer Fund $400,000
Total $1,576,443
$1.5M allocated for the project from various funding sources PGCC 3-2-2022
February 16, 2022 Joyce Halabi, [email protected] CDP Exemption obtained by CDD
City will work with Archeologist &
Tribal Monitor for ground
disturbance activities
City has closely coordinated with
California American Water to allow
water main replacements to be
completed prior to pavement rehab
PGCC 3-2-2022
Authorize an agreement with Monterey Peninsula Engineering for the FY21/22 Street Rehabilitation Project on Ocean View Blvd in an amount not to exceed $1,145,323 plus a 15% contingency.
February 16, 2022 Joyce Halabi, [email protected] PGCC 3-2-2022
Questions?
February 16, 2022 Joyce Halabi, [email protected] PGCC 3-2-2022
Agenda No. 15 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: David Laredo, City Attorney
MEETING DATE: March 2, 2022
SUBJECT: Conference with Legal Counsel – Pending Litigation (Government Code § 54956.9)
Pacific Grove Coast Watch and Anthony A. Ciani v. City of Pacific Grove; Pacific Grove City Council; Foursome Development Company; Paul Living Trust; CCS Pacific Grove Manager LLC., et al.
Monterey Superior Court Case No. 22CV000387
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive report and provide direction.
Attachments
Summons
Complaint
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Agenda No. 15 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: David Laredo, City Attorney
MEETING DATE: March 2, 2022
SUBJECT: Conference with Legal Counsel – Pending Litigation (Gov. C. §54956.9) Michael Gonzalez v. City of Pacific Grove, California; Police Chief Cathy Madalone; City Manager Ben Harvey; Does 1 -10.
U.S. District Court, Northern District Action No. 5:22-cv-1079 SVK CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive report and provide direction.
Attachments
Summons
Complaint
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