AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, JULY 22, 2024, 6:00 PM
Next Resolution No .24-35
Next Ordinance No. 24-04
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CALL TO ORDER
FLAG SALUTE
ROLL CALL Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright
CLOSED SESSION ANNOUNCEMENTS
On Monday, June 24, 2024, at 9:16 p.m., the Council met in Closed Session regarding the following items:
A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6. Agency designated representatives: Special Counsel Che Johnson, City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson, Administrative Services Director Nick Szamet, and Human Resources Officer Karla Mattocks.
Employee Organizations: Service Employees International Union, Local 620 (SEIU), Management and Confidential Group, Executive Management Group, and Grover Beach Police Management and Confidential Employees Group.
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9.
Two (2) Cases.
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach, et al.
San Luis Obispo Superior Court Case 24CV-0264. Government Code section 54956.9(d)(1).
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public may provide public comment during the meeting or written public comments can be submitted via email to [email protected] prior to 3:00 PM. If submitting written comments in advance of the meeting, please note the agenda item. Due to technical difficulties the call-in feature will not be available for this meeting.
Agenda: Grover Beach City Council Meeting Page 2
Monday, July 22, 2024
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Diane Baeker, individually and as successor-in-interest to James Baeker; Lara Baeker; and Jennifer Vernallis v. City of Arroyo Grande; City of Grover Beach; County of San Luis Obispo; State of California (Caltrans); Form Design + Build; Provident Company LLC and Does 1 through 125 inclusive. San Luis Obispo Superior Court Case 24CV-0184.
Government Code section 54956.9(d)(1).
Closed Session Announcements: At 9:59 p.m., Mayor Bright reconvened the meeting in open session with all Council Members present, and announced there were no reportable actions.
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
None
PRESENTATIONS
None
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.
1. Treasurer’s Report for the Period June 1, through June 30, 2024 – Administrative Services Director Szamet
(Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
2. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period June 1, through June 30, 2024 – Administrative Services Director Szamet (Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
3. Minutes of the City Council Meeting on Monday, June 24, 2024 – City Clerk Sims (Recommended Action: Approve the minutes as submitted or revised.)
ROLL CALL VOTE
4. Introduction and First Reading of an Ordinance to Repeal and Replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code and Establish a Development Impact Fee Deferral Program – Community Development Director Martin
(Recommended Action: 1) Conduct the first reading, by title only, and introduce the Ordinance to repeal and replace Article X (Revenue and Taxation), Chapter 13 (Development Impact Fees) of the Grover Beach Municipal Code (GBMC) and establish a Development Impact Fee Deferral Program; and 2) Schedule a public hearing at the Agenda: Grover Beach City Council Meeting Page 3
Monday, July 22, 2024
next regularly scheduled City Council meeting for the second reading and adoption of the Ordinance.)
ROLL CALL VOTE
5. Professional Services Agreement for the Purchase and Implementation of OpenGov Asset Management Software – Public Works Director/City Engineer Ray and Senior Engineer Munoz-Morris
(Recommended Action: Approve a Professional Services Agreement with Psomas in the amount of $65,585 and approve a Master Services Agreement with OpenGov, Inc. for an annual amount between $29,833 and 32,890.88 and authorize the Mayor to execute the agreements on behalf of the City.)
ROLL CALL VOTE
6. Resolution to Appropriate Storm Water Development Impact Fee Funds for West Grand Avenue Streetscape Project (CIP 2287) – Public Works Director/City Engineer Ray and CIP Manager Wiggin
(Recommended Action: Adopt a Resolution to approve an appropriation for the West Grand Avenue Streetscape Project (CIP 2287) of $160,500 from the Storm Water Development Impact Fee Fund (Fund 254).)
ROLL CALL VOTE
7. Appointments to the Planning Commission – City Clerk Sims (Recommended Action: Confirm and Approve Mayor Bright’s recommendations and adopt the Resolution to Appoint Rachel Mann and Maia Hoffman, each to a four-year term of office, schedule to expire on May 31, 2028.)
ROLL CALL VOTE
8. Approval of Amendment No. 1 to the Cooperative Agreement with the San Luis Obispo Council of Governments – Public Works Director/City Engineer Ray and CIP Manager Wiggin
(Recommended Action: Approve Amendment No. 1 to the Cooperative Agreement with the San Luis Obispo Council of Governments (SLOCOG) related to allocation of state and regional funding and authorize the Mayor to execute the agreement.)
ROLL CALL VOTE
9. Resolution to Amend the Service Employees International Union of Memorandum of Understanding for 2024-2027 – Human Resources Officer Mattocks (Recommended Action: Adopt the Resolution amending the Service Employees International Union Memorandum of Understanding for a term from August 5, 2024, to June 30, 2027; amend the Classification and Compensation for the IT Assistant position; and authorize the City Manager to work with the bargaining group to finalize noncompensation language in the MOU.)
ROLL CALL VOTE
10. Resolution to Amend Executive Management and Management and Confidential Employee Compensation for 2024-2027 – Human Resources Officer Mattocks (Recommended Action: Adopt the Resolution amending the Classification and Compensation Plan for Executive Management and Management and Confidential employees for a three-year term of 2024-2027.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 4
Monday, July 22, 2024
11. Resolution to Amend the Grover Beach Police Management and Confidential Group Memorandum of Understanding for 2024-2027 – Human Resources Officer Mattocks (Recommended Action: Adopt the Resolution amending the Grover Beach Police Management and Confidential Group Memorandum of Understanding for a three-year term of 2024-2027 and authorize amendment of the Classification and Compensation Plan.)
ROLL CALL VOTE
12. Resolution Accepting the Certification of the Elections Official as to the Sufficiency of Signatures on the Petition to Recall Council Member Daniel Rushing, District 2 – City Attorney Lomeli and City Clerk Sims
(Recommended Action: Adopt the resolution accepting the certification of the Elections Official as to the sufficiency of signatures on the petition to recall Councilmember Daniel Rushing, District 2.)
ROLL CALL VOTE
PUBLIC HEARING
13. Second Reading and Adoption of an Ordinance Repealing and Replacing Chapter 5 (Animal Regulations) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code; and Approval of Amendment No. 1 to the Contract for Animal Care and Control Services with the County of San Luis Obispo – Assistant City Manager Eriksson and Police Chief Munro
(Recommended Action: Conduct a public hearing and second reading to adopt an Ordinance repealing and replacing Chapter 5 (Animal Regulations) of Article III (Public Welfare, Morals & Conduct) of the Grover Beach Municipal Code (GBMC); and approve Amendment No. 1 to the Contract for Animal Care and Control Services with the County of San Luis Obispo.)
ROLL CALL VOTE
14. Second Reading and Adoption of an Ordinance to Add a New Section 2801 to Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code to Allow the City Council to Delegate Signature Authority – Assistant City Manager Eriksson
(Recommended Action: Conduct a public hearing for the second reading to adopt an Ordinance to add new Section 2801 of Chapter 8 (Purchasing Policy) of Article II (Administration) of the Grover Beach Municipal Code (GBMC) to allow the City Council to delegate signature authority.)
ROLL CALL VOTE
15. Second Reading and Adoption of an Ordinance to Amend Article III (Public Welfare, Morals & Conduct), Chapter 11 (Special Events /Outdoor Assemblies) of the Grover Beach Municipal Code to Change Special Event Insurance Requirements – Assistant City Manager Eriksson and Community Services Supervisor Kim (Recommended Action: Conduct a public hearing for the second reading to adopt an Ordinance to amend Article III (Public Welfare, Morals & Conduct), Chapter 11 (Special Events/Outdoor Assemblies) of the Grover Beach Municipal Code (GMBC) to Change Special Event Insurance Requirements.)
ROLL CALL VOTE
Agenda: Grover Beach City Council Meeting Page 5
Monday, July 22, 2024
REGULAR BUSINESS
16. Community Development Block Grant Microenterprise Assistance Program Guidelines – Community Development Director Martin and Associate Planner Reese (Recommended Action: Provide direction on the proposed Microenterprise Assistance Program and direct staff to pursue an application for a Community Development Block Grant process.)
17. Resolution Calling a Special Municipal Election to be Held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the Submission of the Question of the Recall of a Certain Officer; and Requesting that the San Luis Obispo County Board of Supervisors Consolidate the Special Municipal Election with the Statewide General Election – City Attorney Lomeli and City Clerk Sims (Recommended Action: Adopt the resolution calling a Special Municipal Election to be held in District 2 of the City of Grover Beach on Tuesday, November 5, 2024, for the submission of the question of the recall of Council Member Daniel Rushing to the voters and requesting consolidation with the statewide general election.)
ROLL CALL VOTE
PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.
Air Pollution Control District (APCD) Karen Bright (Alt: Robert Robert) Central Coast Blue Regional Recycled Water Authority Karen Bright (Alt: Daniel Rushing) (CCBRRWA)
South SLO County Sanitation District (SSLOCSD) Karen Bright (Alt: Clint Weirick) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Daniel Rushing) Five Cities Fire Joint Powers Authority Daniel Rushing (Alt: Clint Weirick) SLO Council of Governments / SLO Regional Transit Authority Daniel Rushing (Alt: Karen Bright) (SLOCOG / SLORTA)
South County Transit Committee Daniel Rushing (Alt: Karen Bright) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright) California Joint Powers Insurance Authority (CJPIA) Clint Weirick (Alt: Zach Zimmerman) Homeless Services Oversight Council (HSOC) Clint Weirick (Alt: Zach Zimmerman) SLO County Water Resources Advisory Committee (WRAC) Clint Weirick (Alt: Robert Robert) REACH Zach Zimmerman (Alt: Robert Robert)
South County Chambers of Commerce Zach Zimmerman (Alt: Daniel Rushing) Visit SLO CAL Advisory Committee Zach Zimmerman (Alt: Robert Robert)
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report Agenda: Grover Beach City Council Meeting Page 6
Monday, July 22, 2024
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 LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Grover H2O, Debra Peterson, and Brenda Auer v. City of Grover Beach, et al.
San Luis Obispo Superior Court Case 24CV-0264. Government Code section 54956.9(d)(1).
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Name of Case: Diane Baeker, individually and as successor-in-interest to James Baeker; Lara Baeker; and Jennifer Vernallis v. City of Arroyo Grande; City of Grover Beach; County of San Luis Obispo; State of California (Caltrans); Form Design + Build; Provident Company LLC and Does 1 through 125 inclusive. San Luis Obispo Superior Court Case 24CV-0184. Government Code section 54956.9(d)(1).
C. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson.
Employee Organizations: Grover Beach Police Officer’s Association (GBPOA).
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 from 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.