MINUTES
SPECIAL CITY COUNCIL MEETING
THURSDAY, MAY 9, 2024
CALL TO ORDER Mayor Bright called the meeting to order at 5:30 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
ROLL CALL
City Council: Council Members Daniel Rushing, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present. Clint Weirick was not present.
City Staff: City Manager Matthew Bronson, City Attorney Rob Lomeli, Assistant City Manager Kristin Eriksson, and City Clerk Wendi Sims were in attendance.
PUBLIC COMMUNICATIONS
The Mayor opened the floor to any member of the public for comment on any items listed on the agenda.
• Loren Westphal
• Elizabeth Doukas
No further comments were received and the Mayor closed the Public Communications segment for this portion of the meeting.
CLOSED SESSION
Mayor Bright recessed the meeting into closed session at 5:32 p.m.
It is the intention of the City Council to meet in Closed Session concerning the following item:
A. CONFERENCE WITH LEGAL COUNCIL -EXISTING LITIGATION
Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach; Wendi Sims, in her official capacity as Clerk and Election Officer of the City of Grover Beach; and DOES 1-10, Inclusive (Respondents and Defendants); and Daniel Rushing, in his official capacity as a member of the City Council of the City of Grover Beach; and DOES 11-20, Inclusive (Real Parties in Interest and Defendants).
Government Code section 54956.9(d)(1)
Closed Session announcement(s): The City Council reconvened at 5:39 p.m. and Mayor Bright announced:
Approval of Litigation Defense pursuant to Gov. Code § 54957.1(a)(2).
First Action: Motioned by Council Member Zimmerman and Seconded By Mayor Pro Tem Robert authorizing City Attorney Robert Lomeli and the Law Firm of Lozano Smith to defend against the existing litigation brought by Grover H2O, Debra Peterson, and Brenda Auer against the City and authorizing the City Attorney and the law firm Lozano Smith to defend, litigate and act on behalf of the City as reasonably required and to serve as the City’s designated representative.
AYES: Council Members – Rushing, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
Agenda Item No. 4
May 13th Minutes Amended to
Correct to Mayor Pro Tem
Minutes: City Council Meeting Page 2
Thursday, May 9, 2024
NOES: Council Members – None.
ABSENT: Council Members – Weirick
ABSTAIN: Council Members – None.
Adverse Parties: Grover H2O, Debra Peterson, and Brenda Auer Substance of the Litigation: Writ of Mandate and Complaint for Declaratory and Injunctive Relief regarding the recall petition for Council Member Daniel Rushing.
Second Action: Motioned by Mayor Bright and Seconded By Council Member Zimmerman for approval of Joint Representation of City Clerk Wendi Sims in the existing litigation brought by Grover H2O, Debra Peterson, and Brenda Auer against the City, and pursuant to a duty of the City to defend under Government Code section 825.
AYES: Council Members – Rushing, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – Weirick
ABSTAIN: Council Members – None.
Adverse Parties: Grover H2O, Debra Peterson, and Brenda Auer Substance of the Litigation: Writ of Mandate and Complaint for Declaratory and Injunctive Relief regarding the recall petition for Council Member Daniel Rushing.
Third Action: Motioned by Mayor Bright and Seconded by Mayor Pro Tem Robert for approval of Joint Representation of Council Member Daniel Rushing in the existing litigation brought by Grover H2O, Debra Peterson, and Brenda Auer against the City.
AYES: Council Members – Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None.
ABSENT: Council Members – Weirick
ABSTAIN: Council Members – Rushing
Adverse Parties: Grover H2O, Debra Peterson, and Brenda Auer Substance of the Litigation: Writ of Mandate and Complaint for Declaratory and Injunctive Relief regarding the recall petition for Council Member Daniel Rushing.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Bright adjourned the meeting at 5:40 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
MINUTES
CITY COUNCIL MEETING
MONDAY, MAY 13, 2024
CALL TO ORDER Mayor Pro Tem Robert called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
FLAG SALUTE The flag salute was led by Jalama Pavone a 9 year-old, 3rd grade student at Grover Heights Elementary School.
ROLL CALL
City Council: Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, and Mayor Pro Tem Robert Robert were present. Mayor Karen Bright was not present.
City Staff: City Manager Matthew Bronson, City Attorney Rob Lomeli, Assistant City Manager Kristin Eriksson, City Clerk Wendi Sims, Administrative Services Director Nick Szamet, Community Development Director Megan Martin, Police Commander Jim Munro, Senior Engineer Gabriel Munoz-Morris, Community Services Supervisor Larry Kim and Five Cities Fire Authority Fire Chief Scott Hallett were also present.
CLOSED SESSION ANNOUNCEMENTS
City Attorney Lomeli read the following announcement:
On Monday, April 22, 2024 at 10:39 p.m., the Council met in Closed Session regarding the following item:
A. Conference with Legal Counsel Regarding Anticipated Litigation.
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9. Two (2) Cases.
B. Conference with Legal Counsel Regarding Anticipated Litigation.
Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation): One (1) Case.
Closed Session Announcements: At 10:56 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present, and announced there were no reportable actions taken during Closed Session.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.
CEREMONIAL CALENDAR
1. Proclamation for Asian American and Pacific Islander Heritage Month – Read by Council Member Weirick and accepted by Mia Shin, Co-Founder and Executive Director of AAPI SLO.
Minutes: City Council Meeting Page 2
Monday, May 13, 2024
2. Proclamation for National Police Week - Read by Mayor Pro Tem Robert and accepted by Commander Munro.
3. Proclamation for National Public Works Week - Read by Council Member Rushing and accepted by Senior Engineer Munoz-Morris.
4. Proclamation for National Foster Care Month - Read by Council Member Zimmerman and accepted by Social Worker James Munge.
5. Introduction of New Five Cities Fire Authority Chief Scott Hallett
PRESENTATIONS
6. Grover Beach Beautification Awards – Community Services Supervisor Kim gave a brief PowerPoint presentation on the winners of the Beautification Awards.
PUBLIC COMMUNICATIONS The Mayor Pro Tem opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda.
• Loren Westphal
• Ann Maliszerski
• Pamela Storton
• Brenda Auer
• Bill Walther
• Debbie Peterson
CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Pro Tem Robert opened public comment.
There being no public comments received, the Mayor Pro Tem closed public comment.
It was motioned by Council Member Zimmerman and seconded by Council Member Weirick to approve Consent Agenda Item Nos. 7, 8, 9, 10, and 11 as recommended. The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Weirick, Zimmerman, and Mayor Pro Tem Robert
NOES: Council Members – None.
ABSENT: Council Members – Mayor Bright.
ABSTAIN: Council Members – None.
Minutes: City Council Meeting Page 3
Monday, May 13, 2024
7. Minutes of the City Council Special Meeting on Monday, April 22, 2024 at 5:00 p.m. and the Regular Meeting on Monday, April 22, 2024 at 6:00 p.m.
Action: Approved the minutes as submitted.
8. Development Application 22-26 - Approval of Final Subdivision Map, Affordable Housing Agreement, Covenant Related to Easements Affecting Land, and Subdivision Improvement Agreement
Action: Approved the Final Subdivision Map for Development Application 22-26 (1211 Baden Avenue/Valencia Court), Affordable Housing Agreement, Covenant Related to Easements Affecting Land, and Subdivision Improvement Agreement and authorized the City Clerk to sign and record the map and direct the City Manager to enter into a Subdivision Improvement Agreement with the applicant (Noslo Baden, LLC.)
9. Generator Lease Agreement at Hillcrest Drive Water Tank Site Action: Approved a lease agreement with T-Mobile for a new generator located at the City’s Hillcrest Drive water take site.
10. Introduction and First Reading of an Ordinance to Amend Article II (Administration), Chapter 5 (Parks, Recreation and Beautification Commission) of the Grover Beach Municipal Code to Change Regular Meeting Frequently
Action: Conducted a first reading, by title only, and introduced the Ordinance to amend Article II (administration), Chapter 5 (parks, Recreation and Beautification Commission), Section 2505 of the Grover Beach Municipal Code (GBMC), to reduce the required frequency of regular meetings for the Parks, Recreation, and Beautification Commission to an every-other-month schedule; and schedule a public hearing for May 28, 2024 to provide a second reading and adopt the Ordinance.
11. Modification in Water Shortage Declaration
Action: Modified the City’s water shortage declaration from a Stage 1 with voluntary compliance to a “no water shortage” declaration pursuant to the City’s Water Shortage Contingency Plan.
PUBLIC HEARING
None.
REGULAR BUSINESS
12. Central Coast Blue Project Withdrawal and Water Rates Revision Mayor Pro Tem Robert read the title to the foregoing item and deferred to staff for a report.
City Manager Bronson made a presentation on the Central Coast Blue Project withdrawal and the water rates revision.
Minutes: City Council Meeting Page 4
Monday, May 13, 2024
Mayor Pro Tem Robert invited public comment on this matter. • Brenda Auer
• Ken Lehmann
• Pamela Storton
• Loren Westphal
• Stacy Korsgaden
• Lyn Austin
• Leslie Marr
• Debbie Peterson
No further public comments were received at this time and the Mayor Pro Tem closed public comment.
It was motioned by Council Member Rushing and seconded by Council Member Zimmerman to approve adoption of Resolution No. 24-16 to withdraw from the Central Coast Blue Joint Powers Authority. The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Weirick, Zimmerman
and Mayor Pro Tem Robert
NOES: Council Members – None.
ABSENT: Council Members – Mayor Bright.
ABSTAIN: Council Members – None.
Resolution No. 24-16: A Resolution of the City Council of the City of Grover Beach, California, Declaring the Withdrawal of the City of Grover Beach from the Central Coast Blue Regional Recycled Water Authority.
It was motioned by Council Member Weirick and seconded by Council Member Rushing to approve adoption of Resolution No. 24-17 to subsequently revise the City’s water rate structure and provide policy direction on planned water resiliency efforts for FY 2024-25.
The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Weirick, Zimmerman
and Mayor Pro Tem Robert
NOES: Council Members – None.
ABSENT: Council Members – Mayor Bright.
ABSTAIN: Council Members – None.
Resolution No. 24-17: A Resolution of the City Council of the City of Grover Beach, California, Amending the Master Fee Schedule for Water Rates.
Minutes: City Council Meeting Page 5
Monday, May 13, 2024
RECESS: Mayor Pro Tem Robert requested a recess, upon consensus of the City Council the meeting recessed at 8:44 p.m.
RECONVENE: At 8:49 p.m. the meeting was reconvened with the members of Council present with the exception of Mayor Bright who was absent.
13. Citizen Initiative to Repeal Water and Wastewater Rate Structure Mayor Pro Tem Robert read the title to the foregoing item and deferred to staff for a report.
City Attorney Lomeli gave a brief presentation discussing the Initiative to Repeal Water and Wastewater Rate structure.
Mayor Pro Tem Robert invited public comment on this matter. • Pamela Storton
• Lesley Marr
• Brenda Auer
• Loren Westphal
No further public comments were received at this time and the Mayor Pro Tem closed public comment.
Action: Council received a presentation of a citizen initiative to repeal the water and wastewater rate structures and approved by the Council on December 11, 2023 and considered potential action pursuant to California Elections Code.
14. FY 2024-25 Budget Update and Major City Goals Work Programs Mayor Pro Tem Robert read the title to the foregoing item and deferred to staff for a report.
Administrative Services Director Szamet and Assistant City Manager Eriksson gave a brief PowerPoint presentation reviewing the FY 2024-25 Budget update.
Mayor Pro Tem Robert invited public comment on this matter. • Pamela Storton
No further public comments were received at this time and the Mayor Pro Tem closed public comment.
Action: Council received a report on the FY 2024-25 budget update process and draft work programs for Major City Goals and provided input and direction to staff.
Minutes: City Council Meeting Page 6
Monday, May 13, 2024
PUBLIC COMMUNICATIONS The Mayor Pro Tem opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council but were not listed on the agenda.
• Pamela Storton
No additional comments were received and the Mayor Pro Tem closed public comment.
COUNCIL COMMITTEE REPORTS
Council Member Rushing reported on the SLO Council of Governments (SLOCOG) meeting and Five Cities Fire Authority (FCFA) meeting.
Council Member Weirick stated he attended the Homeless Services Oversight Council (HSOC) meeting and SLO County Water Resources Advisory Committee (WRAC) meeting.
Council Member Zimmerman discussed the South County Chambers of Commerce (SCCC) meeting.
Mayor Pro Tem Robert relayed information from the Integrated Waste Management Authority (IWMA) meeting.
COUNCIL COMMUNICATIONS
Council Member Zimmerman discussed the upcoming Strawberries Through Grover Beach event on Saturday May 18th at Ramona Garden Park.
Council Member Weirick discussed events throughout Grover Beach that he attended, Coffee with a Cop, Picnic in the Park, and Spring Garden Tour, to name a few. He also stated he attended the League of California Cities – Cities Leaders’ Summit in April.
Mayor Pro Tem Robert mentioned the West Grand Avenue construction that is occurring now, the project on the Southeast corner of West Grand Avenue and 4th Street, and the South County Chambers of Commerce upcoming Fireworks sale. He also discussed the 2nd Annual Grover Grange Community Yard Sale and that they are planning the 3rd Annual Yard Sale next year on April 25, 2025.
CITY MANAGER'S REPORTS AND COMMENTS
None.
CITY ATTORNEY’S REPORTS AND COMMENTS
None.
Minutes: City Council Meeting Page 7
Monday, May 13, 2024
CLOSED SESSION
At 9:42 p.m., the Council met in Closed Session regarding the following item(s):
It is the intention of the City Council to meet in Closed Session concerning the following item:
A. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION Initiative of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation):
One (1) Case
Closed Session Announcements: At 9:55 p.m., Mayor Pro Tem Robert reconvened the meeting in open session with all Council Members present, and announced there were no reportable actions taken during Closed Session.
ADJOURNMENT
There being no further business to come before the City Council, Mayor Pro Tem Robert adjourned the meeting at 9:56 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)