AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
TUESDAY, OCTOBER 11, 2022, 6:00 PM
Next Resolution No .22-41
Next Ordinance No. 22-09
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
CALL TO ORDER
CALL TO ORDER
MOMENT OF SILENCE
FLAG SALUTE
ROLL CALL Council Members Anna Miller, Robert Robert, Daniel Rushing, Mayor Pro Tem Karen Bright, and Mayor Jeff Lee
CLOSED SESSION ANNOUNCEMENTS
On Monday, September 26, 2022, at 7:52 p.m., the Council met in Closed Session regarding the following item:
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Consideration of initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (One potential case).
Closed Session Announcements: At 8:18 p.m., Mayor Lee reconvened the meeting in open session with all Council Members present and announced that the Council gave direction to the City Attorney to initiate litigation at his discretion for purposes of enforcing the municipal code.
The Council’s direction also included direction to the City Attorney to serve a criminal citation for code violations at the City Attorney’s discretion. This matter involves one case. Further details will be reported out in the event legal action is filed.
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item. Written comments will be read out loud during the City Council meeting on the appropriate agenda item subject to the customary 3-minute time limit.
Agenda: Grover Beach City Council Meeting Page 2
Tuesday, October 11, 2022
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
1. Proclamation for Dating and Domestic Violence ACTION Month
2. Proclamation for Red Ribbon Week
3. Proclamation for the Boys & Girls Clubs of South SLO County
4. Proclamation for Code Enforcement Officer Week
5. Mayor’s Commendation for Sarah Beaman – Girl Scout Gold Award Winner
PRESENTATIONS
6. Introduction of New Public Works Employees Javier Garcia and David Perry
7. Police Department Leadership Training Highlights
8. Upcoming City Holiday Events
PUBLIC COMMUNICATIONS
During this time, the Council will allow up to 15 minutes for Public Communication with additional communication, if necessary, allowed after the Regular Business Items. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.
9. Treasurer’s Report for the Period September 1, through September 30, 2022. (Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
10. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period September 1, through September 30, 2022.
(Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
11. Minutes of the City Council Meeting on Monday, September 26, 2022. (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
Agenda: Grover Beach City Council Meeting Page 3
Tuesday, October 11, 2022
12. Adoption of Findings Related to AB 361 Allowing Continued Teleconferencing Meetings – City Attorney Hale
(Recommended Action: Adopt required findings with respect to the City of Grover Beach’s continued utilization of teleconferencing meetings in conformance with AB 361 (Government Code Section 54953).
VOICE VOTE
13. Adoption of the 2022 Update to the City’s Sewer System Management Plan – Public Work Director/City Engineer Ray and Senior Engineer Munoz-Morris (Recommended Action: Adopt the 2022 update to the City’s Sewer System Management Plan.)
ROLL CALL VOTE
14. Request for No Parking Zones on Front Street and South 7th Street – Public Works Director/City Engineer Ray, and Senior Engineer Munoz-Morris (Recommended Action: Adopt a Resolution establishing No Parking Zones on Front Street and South 7th Street.)
ROLL CALL VOTE
PUBLIC HEARING
15. Introduction and First Reading of an Ordinance to Amend Municipal Code Article VIII – Building Regulations, Chapter 1 – California Building Code, to Adopt by Reference the 2022 California Building Codes and 2021 International Property Maintenance Code with Local Amendments; Finding of California Environmental Quality Act (CEQA) exemption consistent with CEQA Guidelines Section 15061 (b)(3) – Community Development Director Buckingham and Senior Planner Castillo (Recommended Action: 1) Introduce the Ordinance, by title only, to amend Grover Beach Municipal Code Article VIII – Building Regulations, Chapter 1 – California Building Code to Adopt the 2022 California Building Codes and the 2021 International Property Maintenance Code with Local Amendments; and 2) Adopt a Resolution setting forth the findings required by the California Health and Safety Code to support local amendments; and 3) Make the determination consistent with CEQA Guidelines Section 15061 (b)(3); and 4) Schedule the second reading and adoption a the next regularly scheduled City Council Meeting.)
ROLL CALL VOTE
16. Second Reading and Adoption of an Ordinance to Approve a Speed Survey of South Oak Park Boulevard and Adopt a New Speed Limit – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris (Recommended Action: Conduct the Second Reading and Adopt Ordinance No. 22-08 Amending Section 16 of Section 3302 of Chapter 3 – Traffic Regulations of Article III – Public Welfare, Morals and Conduct, of the Grover Beach Municipal Code to reflect and updated speed limit recommendation for South Oak Park Boulevard from West Grand Avenue to Mentone Avenue based on a Speed Survey.)
ROLL CALL VOTE
REGULAR BUSINESS
17. Street Repair Update – Public Works Director/City Engineer Ray and CIP Project Manager Wiggin
(Recommended Action: Receive an update on the status of Measure K-14 street rehabilitation projects and Major Street rehabilitation projects.) Agenda: Grover Beach City Council Meeting Page 4
Tuesday, October 11, 2022
18. Economic Development Activities Update – Deputy City Manager Eriksson (Recommended Action: Receive an update on the City’s economic development activities.)
PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.
Five Cities Fire Joint Powers Authority Jeff Lee (Alt: Daniel Rushing) South SLO County Sanitation District (SSLOCSD) Jeff Lee (Alt: Karen Bright) Air Pollution Control District (APCD) Karen Bright (Alt: Anna Miller) SLO Council of Governments / SLO Regional Transit Authority Karen Bright (Alt: Anna Miller) (SLOCOG / SLORTA)
South County Transit Committee Karen Bright (Alt: Anna Miller) Homeless Services Oversight Council (HSOC) Anna Miller (Alt: Jeff Lee) REACH SLO Advisory Commission Anna Miller (Alt: Robert Robert) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Karen Bright) SLO County Water Resources Advisory Committee (WRAC) Robert Robert (Alt: Staff) South County Chambers of Commerce Daniel Rushing (Alt: Karen Bright) Visit SLO CAL Advisory Committee Daniel Rushing (Alt: Anna Miller) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright)
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.
CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS
CLOSED SESSION
It is the intention of the City Council to meet in Closed Session concerning the following item:
A. Conference with Real Property Negotiators
Property: APN 060-54-011 and APN 060-546-013
Agency Negotiators: Matthew Bronson, City Manager; Greg Ray, Public Works Director/City Engineer; David Hale, City Attorney
Negotiating Parties: Mr. Piero Curzi, Property Owner; Brian Lindbergh Under Negotiation: Instruction to negotiators shall include price, terms and conditions related to terms of payment, project specific information related to project affecting price.
Agenda: Grover Beach City Council Meeting Page 5
Tuesday, October 11, 2022
ADJOURNMENT
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Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
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Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
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The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
U2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
U2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.