AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, MARCH 10, 2025, 6:00 PM
Next Resolution No .25-10
Next Ordinance No. 25-01
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
FLAG SALUTE
ROLL CALL Council Members Kathy McCorry-Driscoll, Jules Tuggle, Clint Weirick, Mayor Pro Tem Robert Robert, and Mayor Kassi Dee
CLOSED SESSION ANNOUNCEMENTS
On Monday, February 24, 2025, at 9:34 p.m. the City Council met in closed session for the following item:
A. 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.
Closed Session Announcements: At 10:22 p.m., Mayor Dee reconvened the meeting in open session with all Council Members present and announced there were no reportable action taken during Closed Session.
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 adopt the agenda as presented or as revised by motion.
Meetings can be viewed on cable Channel 20 in Grover Beach and are live streamed on www.slospan.org. Members of the public may provide public comment via the phone during the meeting by calling (805) 321-6639 (the phone line will open just prior to the start of the meeting at 6:00 PM). Written public comments can be submitted via email to [email protected]. To ensure distribution to the City Council, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record.
Agenda: Grover Beach City Council Meeting Page 2
Monday, March 10, 2025
CEREMONIAL CALENDAR
None
PRESENTATIONS
1. Summer Concert Series Presentation – Community Services Supervisor Kim
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, or discuss, 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.
2. Minutes of the City Council Meeting on Monday, February 24, 2025 and Special Meeting on Monday, March 3, 2025 – City Clerk Sims
(Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
3. Budget Appropriation for Economic Development and Communication Needs – City Manager Bronson
(Recommended Action: Approve budget appropriation of $35,000 for economic development and communication needs related to business grants and promotion for West Grand Avenue along with promotion of the community donation program for the Ramona Garden Park rehabilitation project.)
ROLL CALL VOTE
PUBLIC HEARING
4. Second Reading and Adoption of an Amendment to Ordinance No. 24-08 to update Municipal Code Article IX (Development Code) Chapter 2 (Zones and Allowable Land Uses), Section 3.10.062 (edge conditions), Section 4.10.015 (Accessory Dwelling Units (ADU)), Chapter 8.170 (Urban Subdivision Lots), and Chapter 9 (Definitions) to ensure compliance with recent changes to State ADU law; and adopt an amendment to Resolution 24-50 to incorporate the proposed revisions to the Development Code to the City’s Local Coastal Program (LCP) – Community Development Director Martin and Senior Planner Bell
(Recommended Action: Continued to a date uncertain to allow for additional review by the Planning Commission.)
Agenda: Grover Beach City Council Meeting Page 3
Monday, March 10, 2025
REGULAR BUSINESS
5. Update on Fireworks Enforcement and Oversight– Five Cities Fire Authority Fire Chief Hallett and Police Commander Millard
(Recommended Action: Receive an update on the fireworks enforcement and oversight and provide input and direction to staff.)
6. Advisory Body Review – Assistant City Manager Eriksson and City Attorney Lomeli (Recommended Action: Receive a report on the City’s advisory bodies including the selection process, composition of the Citizen Oversight Committee, and bylaws and meeting procedures and provide direction to staff.)
CONTINUATION OF PUBLIC COMMENT PERIOD
This continuation period is exclusively reserved for individuals who were unable to speak during the initial public comment period due to time constraints. Individuals who already addressed the Council during the initial public comment period are not permitted to speak during this continuation period. Each speaker will be limited to no more than three minutes. As with the initial period, the Council will listen to all communications but cannot act on, or discuss, items not on the agenda in compliance with the Brown Act.
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.
SLO Council of Governments/SLO Regional Transit Authority Kassi Dee (Alt: Robert Robert) (SLOCOG / SLORTA)
South County Transit Committee Kassi Dee (Alt: Robert Robert) South SLO County Sanitation District (SSLOCSD) Kassi Dee (Alt: Clint Weirick) Central Coast Community Energy (3CE) Kathy McCorry-Driscoll (Alt: N/A) REACH Kathy McCorry-Driscoll (Alt: Robert Robert)
Visit SLO CAL Advisory Committee Kathy McCorry-Driscoll (Alt: Robert Robert) Air Pollution Control District (APCD) Robert Robert (Alt: Kassi Dee) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Kathy McCorry-Driscoll) Homeless Services Oversight Council (HSOC) Jules Tuggle (Alt: Clint Weirick) SLO County Water Resources Advisory Committee (WRAC) Jules Tuggle (Alt: Robert Robert) South County Chambers of Commerce Jules Tuggle (Alt: Robert Robert) Zone Three Advisory Committee Jules Tuggle (Alt: Robert Robert) California Joint Powers Insurance Authority (CJPIA) Clint Weirick (Alt: Kathy McCorry-Driscoll) Community Action Partnership of San Luis Obispo County Clint Weirick (Alt: Kassi Dee) (CAPSLO)
Five Cities Fire Joint Powers Authority Clint Weirick and Kassi Dee
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.
Agenda: Grover Beach City Council Meeting Page 4
Monday, March 10, 2025
CITY MANAGER’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 - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code section 54956.9
One (1) Case.
B. 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).
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. * * * * *
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.
* * * * *
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.
No Documents for this Agenda Item
Summer Concert Series Presentation
Agenda Item No. 1
Summer Concert Series Presentation
(CC Mtg 3/10/2025)
MINUTES
CITY COUNCIL MEETING
MONDAY, FEBRUARY 24, 2025
CALL TO ORDER Mayor Dee 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 Eva Power an 8-year-old, 3rd grade student at Fairgrove Elementary School.
ROLL CALL
City Council: Council Members Kathy McCorry-Driscoll, Jules Tuggle, Clint Weirick, Mayor Pro Tem Robert Robert and Mayor Kassi Dee were present.
City Staff: City Manager Matthew Bronson, Assistant City Manager Kristin Eriksson, City Attorney Rob Lomeli, City Clerk Wendi Sims, Police Chief Jim Munro, Public Works Director/City Engineer Greg Ray, Administrative Services Director Nick Szamet, and Community Development Director Megan Martin.
CLOSED SESSION ANNOUNCEMENTS
On Tuesday, February 11, 2025 at 8:58 p.m., the Council met in Closed Session regarding the following items:
A. Public Employee Performance Evaluation - Government Code Section 54957 Title: City Manager.
Closed Session Announcements: At 9:51 p.m., Mayor Dee reconvened the meeting in open session with all Council Members present and announced that no reportable action was taken during Closed Session.
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.
CEREMONIAL CALENDAR
None.
PRESENTATIONS
1. Police Department 2024 Annual Report – Presented by Police Chief Munro PUBLIC COMMUNICATIONS The Mayor 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.
• Brenda Auer
• Loren Westphal
Agenda Item No. 2
Minutes: City Council Meeting Page 2
Monday, February 24, 2025
• Elizabeth Doukas
• Ron Arnoldsen
• Pamela Storton
• Debbie Peterson
No additional public comments were received at this time and the Mayor closed the public comment portion of the meeting.
CONSENT AGENDA
Prior to consideration of the Consent Agenda, Mayor Dee opened public comment. • Brenda Auer
• David Swift
• Elizabeth Doukas
• Marsha Thornton
• Debbie Peterson
There being no additional public comments received; Mayor Dee closed public comment.
At this time Mayor Dee asked to pull Item 7. Introduction and First Reading of an Amendment to Ordinance No. 24-08 to update Grover Beach Municipal Code Article IX (Development Code) Chapter 2 (Zones and Allowable Land Uses), Section 3.10.062 (Edge Conditions), Section 4.10.015 (Accessory Dwelling Units (ADU)), Chapter 8.170 (Urban Subdivision Lots), and Chapter 9 (Definitions); and amendment to Resolution No. 24-50 to incorporate the proposed revisions to the Development Code to the City’s Local Coastal Program (LCP).
It was motioned by Council Member Tuggle and seconded by Council Member McCorry-Driscoll to approve Consent Agenda Item No.’s 2, 3, 4, 5, and 6 as recommended. The motion carried on the following roll call vote:
AYES: Council Members – McCorry-Driscoll, Tuggle, Weirick, Mayor Pro Tem Robert and Mayor Dee
NOES: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
2. Treasurer’s Report for the Period of January 1, through January 31, 2025 Action: Approved the Treasurer’s Reports as submitted.
3. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period January 1, through January 31, 2025
Action: Approved the Treasurer’s Reports as submitted.
4. Minutes of the City Council Meeting on Tuesday, February 11, 2025 Action: Approved the minutes as submitted.
Minutes: City Council Meeting Page 3
Monday, February 24, 2025
5. Assembly Bill No. 481 Annual Military Equipment Report CA Action: Received and filed the annual Military Equipment Report pursuant to state law requirements under AB 481; and adopted Resolution No. 25-09 authorizing the continuation of Ordinance No. 22-01 and the purchase of specified equipment in 2025.
Resolution No. 25-09: Resolution of the City Council of the City of Grover Beach, California, Receiving the 2024 Annual Military Equipment Use Report, Authorizing the Purchase of Additional Unmanned Aerial Systems (Drones), Patrol Rifles, Sub Compact Weapons in 2025 and Updating the Police Department’s Military Equipment Use Policy as Required by AB 481
6. Amendment to Professional Services Agreement with Adams Ashby Group for General Administration Services For Community Development Block Grants Action: Approved an amendment to the existing Professional Services Agreement with Adams Ashby Group to support administration of the 2022 Community Development Block Grant (CDBG) and 2023A CDBG funds, increasing the contract amount from $133,000 to $250,642 and extending the agreement term to the closeout of the current CDBG contracts.
ITEM PULLED DURING CONSENT AGENDA:
7. Introduction and First Reading of an Amendment to Ordinance No. 24-08 to update Grover Beach Municipal Code Article IX (Development Code) Chapter 2 (Zones and Allowable Land Uses), Section 3.10.062 (Edge Conditions), Section 4.10.015 (Accessory Dwelling Units (ADU)), Chapter 8.170 (Urban Subdivision Lots), and Chapter 9 (Definitions); and amendment to Resolution No. 24-50 to incorporate the proposed revisions to the Development Code to the City’s Local Coastal Program (LCP)
Mayor Dee invited public comment on this matter.
• Brenda Auer
No further comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Council Member Weirick and seconded by Mayor Pro Tem Robert to postpone this item to allow Planning Commission to have additional review of the Ordinance changes, and to bring the item back at a date uncertain. The motion carried on the following roll call vote:
AYES: Council Members – McCorry-Driscoll, Tuggle, Weirick, Mayor Pro Tem Robert and Mayor Dee
NAYS: Council Members – None.
ABSENT: Council Members – None.
ABSTAIN: Council Members – None.
Minutes: City Council Meeting Page 4
Monday, February 24, 2025
RECESS at 7:45 p.m., Mayor Dee requested a break, upon consensus of the City Council the meeting was recessed.
RECONVENED: At 7:55 p.m., the meeting was reconvened with all members of Council present.
PUBLIC HEARING
None.
REGULAR BUSINESS:
8. Sewer System Update
Mayor Dee read the title of the foregoing item and deferred to staff for a report.
Public Works Director/City Engineer Ray and Administrative Services Director Szamet presented a PowerPoint presentation on the Sewer System Update.
Mayor Dee invited public comment on this matter.
• Loren Westphal
• Brenda Auer
• Elizabeth Doukas
• Debbie Peterson
No additional comments were received at this time and the Mayor closed public comment.
Action: City Council received the update on the status of the City’s sewer system including capital project and directed staff to bring the presentation results to the March 24, 2025 City Council Meeting.
9. FY 2024-25 Mid-Year Council Goals Implementation Report and FY 2025-27 Council Goal Setting Process Review
Mayor Dee read the title of the foregoing item and deferred to staff for a report.
Assistant City Manager Eriksson presented a PowerPoint presentation on the mid-year goals.
Mayor Dee invited public comment on this matter.
• Loren Westphal
• Elizabeth Doukas
• Brenda Auer
• Debbie Peterson
No further comments were received at this time and the Mayor closed public comment.
Minutes: City Council Meeting Page 5
Monday, February 24, 2025
Action: Council received presentation on the mid-year implementation status report on FY 2024- 25 City Council Goals and the process to set City Council Goals and Priorities for FY 2025-27.
CONTINUATION OF PUBLIC COMMENT PERIOD The Mayor opened the floor to any member of the public for comment who did not speak during the initial public comment period on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda.
No public comments were received at this time and the Mayor closed the public comment portion of the meeting.
COUNCIL COMMITTEE REPORTS
A. Council Member Weirick reported on the Community Action Partnership of San Luis Obispo County (CAPSLO) meeting.
B. Council Member Tuggle mentioned touring the 5 Cities Homeless Coalition facilities for the unhoused community and will attend the Homeless Services Oversight Council (HSOC) Planning meeting on March 19th; the South County Chambers of Commerce (SCCC) mixer is on Wednesday, February 26th and the Grover Beach Business Meet Up is Friday at 8:00 am, Ramona Garden Park.
C. Mayor Pro Tem Robert reported on the Integrated Waste Management Authority (IWMA) meeting.
D. Mayor Dee mentioned attending the Coastal Rail Coordinating Council meeting in Santa Barabara on Friday, February 21, 2025.
COUNCIL COMMUNICATIONS
Council Member McCorry-Driscoll discussed also touring the 5 Cities Homeless Coalition facilities for the unhoused and sitting in on a meeting with Senator Laird regarding state and federal funding.
Council Member Tuggle mentioned attending the Park Party at Ramona on Sunday and the Repair Café event on Saturday at Grover Beach Community Center. She discussed she is dropping off letters door to door and thanked the City Director’s for the meeting orientation.
Council Member Weirick discussed the effects of the power outage that took place right before the meeting.
Mayor Pro Tem Robert noted attending the Boys and Girls Club Fund Raiser Saturday, February 22nd at the Vets Hall and the Exploration Discovery Center is having a Water Reclamation Education on April 20th, they are giving away 55-gallon barrels to the first 10 people.
Minutes: City Council Meeting Page 6
Monday, February 24, 2025
Mayor Dee mentioned attending the Repair Café, the Park Party at Ramona and that her office hours are the third Saturday of the month from 9:00 am to 11:00 am at Dulce but will be changing to Station Grill.
CITY MANAGER’S REPORT AND COMMENTS
City Manager Bronson stated he had no updates.
CITY ATTORNEY’S REPORTS AND COMMENTS
City Attorney Lomeli had no comments.
CLOSED SESSION
City Attorney Lomeli read Closed session items into the record.
Mayor Dee invited public comment on this matter. No comments were received at this time and the Mayor closed public comment.
At 9:34 p.m., the City Council met in Closed Session regarding the following items:
A. 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.
Closed Session Announcements: At 10:22 p.m., Mayor Dee reconvened the meeting in open session with all Council Members present and announced there were no reportable action taken during Closed Session.
There being no further business to come before the City Council, Mayor Dee adjourned the meeting at 10:23 p.m.
_____________________________
KASSI DEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
MINUTES
SPECIAL CITY COUNCIL MEETING
MONDAY, MARCH 3, 2025
CALL TO ORDER Mayor Dee called the meeting to order on Monday, March 3, 2025, at 9:00 a.m., in the Ramona Garden Park Center, 993 Ramona Avenue, Grover Beach, California.
ROLL CALL
City Council: Council Members Kathy McCorry-Driscoll, Jules Tuggle, Clint Weirick, Mayor Pro Tem Robert Robert and Mayor Kassi Dee were present.
City Staff: City Manager Matthew Bronson, Deputy City Manager Kristin Eriksson, City Attorney Rob Lomeli, City Clerk Wendi Sims, Police Chief Jim Munro, Five Cities Fire Chief Scott Hallet, Administrative Services Director Nick Szamet, Community Development Director Megan Martin and Public Works Director/City Engineer Greg Ray were also present.
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the for comment on the Special meeting agenda item.
• Ron Arnoldsen
• David Swift
• Loren Westphal
• Brenda Auer
• Debbie Peterson
• Pamela Storton
There were no other communications and the Mayor closed Public Communications.
WORKSHOP
1. Council Goals Workshop
Mayor Dee welcomed everyone to the Council Goals Workshop and introduced Raftelis Facilitators Jan Perkins and Julie Gieseke.
RECESS: At 10:00 a.m. the Council took a 5-minute recess.
RECONVENE: At 10:05 the Council reconvened with all members present.
Workshop Continued
RECESS: At 10:40 a.m. the Council took a 20-minute recess as Executive Directors joined the meeting.
RECONVENE: At 11:00 a.m. the Council reconvened with all members present.
Workshop Continued
LUNCH BREAK: At 11:45 a.m. the Council and Staff took a Lunch Break.
RECONVENE: At 12:40 p.m. the Council reconvened with all members present.
CONTINUATION OF PUBLIC COMMENT PERIOD The Mayor opened the floor to any member of the public for comment who did not speak during the initial public comment. • Elizabeth Doukas
There were no other public comments received at this time and the Mayor closed the public comment portion of the meeting.
RANKING BREAK: At 1:45 p.m. the Council took a break to rank items.
RECONVENE: At 1:35 p.m. the Council reconvened with all members present.
Action: The Council reviewed and identified major city goals and provided direction to staff.
Minutes: City Council Special Meeting Page 2
Monday, March 3, 2025
ADJOURNMENT
There being no further business to come before the City Council, Mayor Dee adjourned the meeting at 3:10 p.m.
_____________________________
KASSI DEE, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg )
Agenda Item No. 3
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 10, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Matthew Bronson, City Manager
SUBJECT: Budget Appropriation for Economic Development and Communications Needs
RECOMMENDATION
Approve budget appropriation of $35,000 for economic development and communication needs related to business grants and promotion for West Grand Avenue along with promotion of the community donation program for the Ramona Garden Park rehabilitation project.
BACKGROUND
On February 11, 2025 the Council approved $424,541 in mid-year budget appropriation changes in departments given unforeseen needs including $245,041 from the General Fund. Since this approval, staff has identified a need for additional General Fund funding for specific economic development and communications needs as identified in this report.
West Grand Avenue Business Grant Program
The Council on January 27, 2025 approved a business grant program to support businesses affected by the West Grand Avenue streetscape construction project due to the extensive scope and duration of this construction project. This program is open to businesses along West Grand Avenue and surrounding block between Highway 1 and 10th Street who have experienced a loss of sales during the project construction time. The grant provides up to $2,000 in funding to individual businesses to cover employee costs, rent, utilities, or other operating expenses. The application period opened on February 14 with promotion by both the City and South County Chambers of Commerce (Chamber). The application period will close on March 7 which will be followed by a review process to determine funding awards with Council approval of funding scheduled for the April 14th Council meeting.
The Council approved a mid-year budget appropriation change of $45,000 for this program which included up to $5,000 in reimbursable administrative costs from the Chamber to coordinate the program. However, there have been more applications received than projected and thus the allocated grant funding of $40,000 will likely not be sufficient pending the grant review process.
Staff is recommending an additional $20,000 in funding to provide a total of $60,000 in grant funding available for this program.
West Grand Avenue Promotion
The West Grand Avenue streetscape project has temporarily blocked street and driveway access for businesses at various times which has impacted customer access. However, an equally significant factor based on business grant applicants as well as anecdotal information is that some people are choosing not to travel through the construction zone to get to businesses until the work Staff Report: Budget Appropriation for Economic Development and Communication Needs Page 2 March 10, 2025
is completed given real and perceived parking and traffic impacts. Customers can travel at this time through the entire West Grand Avenue corridor though access is currently blocked for businesses on the north side of the street given the work underway and upcoming work with installing decorative crosswalks may further impact access.
To address this concern, staff recommends an allocation of $10,000 in funding for additional promotions work to encourage customers to visit West Grand Avenue businesses. The City has done such work periodically during the project construction but this would be an enhanced effort particularly once the project is completed in May. The City would plan to work with its communication contractors along with the Chamber on this effort which could involve social media posts, customer spending promotions, and other actions.
Ramona Park Community Donation Program Promotion
The Grover Beach Community Foundation (Foundation) is currently working on a community donation program related to the Ramona Garden Park Rehabilitation Project Phases 1 and 2.
This project is funded by $3.3 million in Community Development Block Grant funds which covers approximately 90% of the estimated project cost of $3.7 million leaving a gap of approximately $400,000. In the short term, the funding gap will be covered by General Fund reserves and other funding to allow the City to move forward with this project with a construction contract anticipated for Council award in April. The community donation program is intended to help close this funding gap and allow the public to support these improvements to the park. Donation opportunities include pavers to be installed near the playground ($250/$500 based on size), benches ($5,000), tables ($7,000), and other items under consideration such as bike racks and drinking fountains.
The Foundation has requested City support for promoting the donation program since the Foundation is a nonprofit, volunteer organization that uses funds raised to support community events and organizations. Examples of this promotional work could include a mailer sent out to businesses, organizations, and others along with social media posts. Given this request, staff recommends an allocation of $5,000 to the Foundation for this promotional effort since the success of the donation program reduces the City’s costs in fully funding this park project.
FISCAL IMPACT
The fiscal impact of these budget appropriation changes is $35,000 from the City’s estimated General Fund surplus in FY 2024-25.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve budget appropriation of $35,000 for economic development and communication needs related to business grants and promotion for West Grand Avenue along with the community donation program for the Ramona Garden Park rehabilitation project; or
2. Do not approve budget appropriation; or
3. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
No Documents for this Agenda Item
Public Hearing Continuation
Agenda Item No. 4
Public Hearing Continuation
(CC Mtg 3/10/2025)
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 10, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Bryan Millard, Police Commander
Scott Hallett, Chief, Five Cities Fire Authority
SUBJECT: Update on Fireworks Enforcement and Oversight
RECOMMENDATION
Receive an update on fireworks enforcement and oversight and provide input and direction to staff.
BACKGROUND
The discharge of illegal fireworks is a common problem faced by many jurisdictions in California including Grover Beach. On May 18, 2020, Council approved an update to the Grover Beach Municipal Code that changed the public discharge period of Safe and Sane fireworks (legal ground-based fireworks approved by the State Fire Marshal) to only on the fourth of July from 10:00 a.m. to 10:00 p.m. The change became effective on June 19, 2020.
Since 2020, the Police Department has enhanced enforcement efforts on illegal fireworks being used in the city as illegal fireworks cause most of the fireworks complaints the department responds to. Beginning in 2021, the department has used drone technology to help identify violators. The drones have proven successful by allowing the department to safely observe violations from the air and dispatch ground units. Additionally, the department believes the use of drones has been effective in reducing the use of illegal fireworks because of their well-advertised presence. The department has received feedback from community members indicating their neighborhoods have been quieter than years prior.
As shown in the table below, since 2020 there has been an average of 63 fireworks calls during the July 4th call period though the annual number has decreased since 2020 with a significant decline in 2024. The citation issuance for firework-related complaints has stayed consistent for the prior three years with a slight increase in 2024. The Five Cities Fire Authority did not respond to any fireworks-specific calls during this same period.
Staff Report: Update on Fireworks Enforcement and Oversight Page 2 March 10, 2025
While ground and air efforts have shown to be effective and will continue as enforcement strategies, both methods currently require staff to respond to the violator’s location to attempt contact the person responsible for lighting the illegal fireworks. Often upon arrival, the person responsible has entered a residence and/or cannot be identified. Additionally, on July 4th, alcohol is often being consumed which increases the chance that those contacted, especially in large groups, may become uncooperative. Lastly, especially on the 4th of July, there are times when units are not available to respond to take enforcement action.
To help address these issues through an additional enforcement option, several cities, including Long Beach and Santa Maria, have adopted “Social Host” ordinances. These ordinances are designed as another option to help deter illegal fireworks use by allowing law enforcement or fire officials to hold the homeowner or tenant accountable for illegal firework events at the property.
Fines of up to $10,000 can be imposed on those in violation under such ordinances. While these social host ordinances have been shown to be effective in these jurisdictions, the City would not be able to follow suit with the increased fine schedule as Grover Beach is a general law city unlike Long Beach and Santa Maria. Maximum fines for a general law city are significantly lower and are already being utilized in Grover Beach with the Administrative Citation process. In addition, the Police Department is already issuing citations under existing State laws regulating illegal fireworks which includes a $1,000 fine for illegal fireworks usage.
However, another general law city (Elk Grove) recently passed a social host ordinance utilizing a lower fine schedule as shown in Attachment 1. The unique nature of their ordinance allows a charge of $1,000 for each individual violation of the ordinance to the same property owner, with each illegal firework found at the location being counted as a violation. This has resulted in substantial fines being issued during the past year. If the Council was interested in such an ordinance, direction could be provided to staff to bring an item to the Council this spring to further discuss the applicability and benefits of such an ordinance in Grover Beach.
With regards to “safe and sane” fireworks, the City’s Municipal Code allows the sale and use of such fireworks which would remain in place unless there was Council policy direction to change this. Staff would also note for the Council’s awareness that “safe and sane” fireworks will not be allowed in Oceano beginning this year pursuant to County codes given the County’s new responsibility for fire service in Oceano. This will provide an opportunity to observe how such a change will impact overall illegal fireworks use in a community.
FISCAL IMPACT
There are no funding impacts to this staff report.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive an update on fireworks enforcement and oversight and provide input and direction to staff; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Staff Report: Update on Fireworks Enforcement and Oversight Page 3 March 10, 2025
Attachments
1. Elk Grove Social Host Ordinance.
ORDINANCE NO. 06-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE AMENDING ELK GROVE MUNICIPAL CODE CHAPTER 17.06 FIREWORKS
VIOLATIONS RELATED TO DANGEROUS FIREWORKS ENFORCEMENT
(CEQA EXEMPT)
WHEREAS, a significant number of people are injured, and significant property damage occurs every year as a result of dangerous fireworks; and WHEREAS, because serious threat of fire or injury posed by the use of dangerous fireworks that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety, and welfare; and WHEREAS, the penalties and misdemeanor classification included herein for persons and hosts responsible for dangerous fireworks violations will serve as an additional deterrent to those considering the purchase, sale, possession, or use of illegal fireworks.
NOW, THEREFORE, the City Council of the City of Elk Grove does hereby ordain as follows:
Section 1: Purpose
The purpose of this Ordinance is to amend Elk Grove Municipal Code Chapter 17.06 Fireworks Violations related to dangerous fireworks enforcement.
Section 2: Findings
This Ordinance is adopted based upon the following findings:
California Environmental Quality Act (CEQA)
Finding: The adoption of this ordinance is exempt from environmental review under CEQA pursuant to 14 CCR section 15061(b)(3) of the CEQA Guidelines.
Evidence: CEQA requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” Section 15061(b)(3) of the CEQA Guidelines describes the Common Sense Exemption that CEQA only applies to projects that “have the potential for causing a significant effect on the environment; where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed changes are not related to any specific project or action. Because these changes, individually and cumulatively, do not have the potential to result in individually or cumulatively significant effects on the environment, the actions on the proposed ordinance are exempt from review under CEQA. Therefore, these changes are not subject to CEQA review under the Common Sense Exemption and, therefore, no further environmental review is necessary.
Attachment 1
Section 3: Amend Elk Grove Municipal Code Chapter 17.06 Fireworks Violations Elk Grove Municipal Code Chapter 17.06 is hereby amended as shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 4: Severability.
If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.
Section 5: No Mandatory Duty of Care
This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 6: Savings Clause
The provisions of this ordinance shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.
Section 7: Effective Date and Publication
This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five days prior to and 15 days after adoption by the City Council and a certified copy shall be posted in the Office of the City Clerk, pursuant to GC 36933(c)(1).
ORDINANCE: 05-2024
INTRODUCED: April 24, 2024
ADOPTED: May 8, 2024
EFFECTIVE: June 7, 2024
BOBBIE SINGH-ALLEN, MAYOR of the
CITY OF ELK GROVE
ATTEST: APPROVED AS TO FORM:
JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS,
CITY ATTORNEY
Date signed: May 9, 2024
EXHIBIT A
Elk Grove Municipal Code Chapter 17.06 Fireworks Violations is amended as follows:
Additions are shown as bold text, deletions in strikethrough, Previously adopted text that is unmodified by this amendment is represented by an ellipsis (...).
See prior adopted ordinance for full text.
Chapter 17.06
FIREWORKS VIOLATIONS
Sections:
17.06.010 Definitions.
17.06.020 Purpose.
17.06.030 Issuance of administrative citation.
17.06.035 Host Liability.
17.06.040 Fireworks violations – Fines.
17.06.050 Appeals.
17.06.060 Misdemeanor.
17.06.010 Definitions.
A. “Citee” means any person served with an administrative citation charging him or her them as a responsible person for violation.
B. “Citation” means an administrative citation issued pursuant to this section to remedy a violation.
C. “Code” means the City of Elk Grove Municipal Code.
D. “Code Enforcement Officer” means any employee or agent of the City of Elk Grove designated by the City Council to enforce any provision of this code.
E. "Host" means any person who either:
(i) Owns, leases, rents, or is otherwise in lawful possession of private property within the City of Elk Grove; or
(ii) Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property located within the City of Elk Grove.
EF. “Issuance” or “issued” means service of notices as provided in EGMC Section
1.12.150.
FG . “Person” means a natural person, trust, corporation, limited liability company, partnership, or a other legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred.
GH. “Responsible person” means a person or host who causes a code violation to occur, or allows a violation to exist or continue, by his or her their action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the County’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one (1) responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen (18) years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor.
HI. “Violation” or “violates” refers to any violation of any provision of this code.
IJ. “Dangerous fireworks” are defined as:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates, or arsenites.
b. Boron.
c. Chlorates, except:
i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
ii. In caps and party poppers.
iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four (4 g) grams of which not greater than fifteen (15%) percent (or six hundred (600 mg) milligrams) is potassium, sodium, or barium chlorate.
d. Gallates or gallic acid.
e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). f. Mercury salts.
g. Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).
h. Picrates or picric acid.
i. Thiocyanates.
j. Titanium, except in particle size greater than one hundred (100) mesh. k. Zirconium.
2. Firecrackers.
3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
4. Roman candles, including all devices which discharge balls of fire into the air.
5. Chasers, including all devices which dart or travel about the surface of the ground during discharge.
6. Sparklers more than ten (10") inches in length or one-fourth of one (0.25") inch in diameter.
7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.
8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this section.
9. Torpedoes of all kinds which explode on impact.
10. Fireworks kits.
11. Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
JK. “Safe and sane fireworks” are as defined in Section 12529 of the Health and Safety Code.
17.06.020 Purpose.
A. This chapter authorizes the imposition of administrative fines on any responsible person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: the possession, use, storage, sale and/or display of those fireworks classified as “dangerous fireworks” as defined in Section 12500 et seq. of the California Health and Safety Code, with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of “safe and sane fireworks” as defined in Section 12500 et seq. of the California Health and Safety Code on or at dates, times and/or locations other than those permitted by this chapter.
Said administrative fines are imposed under authority of Section 53069.4 of the Government Code, Section 12557 of the Health and Safety Code, and the police power of the City.
B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder; and the issuance of a citation to any responsible person constitutes but one (1) remedy of the City to redress violations of this code by any responsible person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any responsible person, which this City may otherwise pursue.
C. The imposition of fines related to dangerous fireworks under this chapter shall be limited to responsible persons who possess, sell, use and/or display, or the seizure of, twenty-five (25 lbs) pounds or less (gross weight) of such dangerous fireworks.
D. Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Section 12706 of the Health and Safety Code, which section provides that certain fines collected by a court of the State be deposited with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the City, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the State of California, the City shall hold in trust Two Hundred Fifty and no/100ths ($250.00) Dollars or twenty-five (25%) percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks.
E. This chapter imposes a duty upon the owners of all real property to ensure that there are no violations of this code on such real property. Each violation of this code, whether on the same day or different day, shall constitute a separate violation and shall be subject to a separate administrative fine.
17.06.030 Issuance of administrative citation.
Whenever a Code Enforcement Officer, police officer, or other person authorized to enforce this code determines that a violation of the code has occurred, the officer may issue an administrative citation on a City-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter and EGMC Chapter 1.12.
17.06.035 Host Liability
A. Except as may be permitted by state law or as provided in subsection (E)(2), no Host shall permit or fail to prevent the possession, sale, use, display, explosion or discharge of any dangerous firework on the host's property, or on an adjacent public or private street or sidewalk, within the City of Elk Grove.
B. A host who permits or fails to prevent any discharge of dangerous fireworks on a property under their possession or control, or on an adjacent public or private street or sidewalk, shall be deemed to have actual or constructive knowledge that dangerous fireworks have been discharged if the host has not taken all reasonable steps to prevent the discharge of dangerous fireworks.
C. There is a rebuttable presumption that the record owner of a private property, as shown on the County’s latest equalized property taxes assessment rolls, and a lessee of the property has notice of any violation existing on or from said property.
D. It is the duty of any host to take all reasonable steps to prevent the discharge of dangerous fireworks on the host's property, or on an adjacent public or private street or sidewalk, within the City of Elk Grove.
E. The provisions this section shall not apply to:
1. The possession, manufacture, storage, display, sale, use, or discharge of safe and sane fireworks as permitted under federal or state law.
2. A host who initiates contact with law enforcement or fire officials to assist in removing any person, or dangerous fireworks, from the host’s property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.
17.06.040 Fireworks violations – Fines.
A. Each person who is found to be in the possession of, use, store, sell and/or display dangerous fireworks in the amount of twenty-five (25 lbs) pounds or less shall be subject to an administrative citation, as set forth herein.
B. Administrative fine(s) issued pursuant to this chapter shall be due and payable in accordance with EGMC Chapter 1.12, and the citee shall be required to abate the violation, and immediately surrender all dangerous fireworks to the Code Enforcement Officers, law enforcement personnel, and/or fire personnel, immediately. For penalties not paid in full within that time, a late charge in the amount set by resolution of the City Council may be imposed and must be paid to the City by the citee.
C. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.
17.06.050 Appeals.
Appeals for administrative citations issued in conjunction with this chapter will be handled in accordance with EGMC Chapter 1.11.
17.06.060 Misdemeanor.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter
1.04. CERTIFICATION
ELK GROVE CITY COUNCIL ORDINANCE NO. 06-2024
STATE OF CALIFORNIA )
COUNTY OF SACRAMENTO ) ss
CITY OF ELK GROVE )
I, Jason Lindgren, City Clerk of the City of Elk Grove, California, do hereby certify that the foregoing ordinance, published and posted in compliance with State law, was duly introduced on April 24, 2024, and approved, and adopted by the City Council of the City of Elk Grove at a regular meeting of said Council held on May 8, 2024, by the following vote:
AYES: COUNCILMEMBERS: Singh-Allen, Brewer, Robles, Spease, Suen NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A summary of the ordinance was published pursuant to GC 36933(c) (1).
Jason Lindgren, City Clerk
City of Elk Grove, California
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 10, 2025 FROM: Matthew Bronson, City Manager
PREPARED BY: Kristin Eriksson, Assistant City Manager
Robert Lomeli, City Attorney
SUBJECT: Advisory Body Review
RECOMMENDATION
Receive a report on the City’s advisory bodies including the selection process, composition of the Citizen Oversight Committee, and bylaws and meeting procedures and provide direction to staff.
BACKGROUND
It is best practice for cities to periodically review their advisory bodies including how members are selected and how the bodies operate. The City has three advisory bodies established by the City Council: Planning Commission, Parks, Recreation and Beautification Commission, and Citizen Oversight Committee for City Revenue Measures. The Planning Commission is authorized to approve permits for land use applications and review and make policy recommendations to the Council related to the City’s General Plan. The Parks, Recreation and Beautification Commission provides recommendations to the Council on issues involving parks, recreation, City-sponsored special events and beautification efforts. The Citizen Oversight Committee reviews the City’s annual reporting on Measures X-06 and F-20 sales tax measures and Measure K-14 revenues and expenditures.
Each of these bodies is comprised of five members who are appointed by the Mayor with the Council’s approval. Attachment 1 provides information on these respective selection processes through Grover Beach Municipal Code (GBMC) Title III, Chapter 31, §§31.02, 31.08, 31.20, and
31.23; and Resolutions 19-44 and 20-27. In practice, the City accepts applications from interested residents when there is a vacancy and the Mayor convenes an interview panel which generally includes an existing member of the advisory body and a Council Member along with the staff liaison to advisory body as an ex-officio member. The panel provides input to the Mayor on the top candidate(s) for the vacant seat(s) and the Mayor’s selection(s) is then taken to the City Council for approval at the next regular City Council meeting.
Advisory Body Selection Process
In reviewing selection practices of other cities in the county, staff has determined that there are different ways in which cities appoint members of advisory bodies. The City’s current practice of having the Mayor select members with approval of the Council is unique in this county. Three of the cities have the full Council interview and select advisory body members in open session, with some holding special meetings for this purpose. San Luis Obispo uses a subcommittee of two Council Members to make recommendations for the full Council’s approval during an annual appointment period. Arroyo Grande allows each Council Member to select a member of each Staff Report: Advisory Body Review Page 2
March 10, 2025
advisory body while Atascadero uses different approaches depending on the advisory body. The chart below illustrates the various approaches within the county:
City Boards Appointment Process
Arroyo Grande PC/PR Each CouncilMember selects one member Atascadero PC
Each CouncilMember selects one member; 2 by majority vote of the Council
Atascadero CO
7 members selected by designated community groups; 2 by majority vote of the Council
Grover Beach PC/PR/CO Appointed by the Mayor with approval by City Council Morro Bay PC/PR/CO Full Council interviews and appoints in open special meeting Paso Robles PC/PR/CO Full Council interviews and appoints in open special meeting Pismo Beach PC/PR/CO Full Council interviews and appoints in open special meeting San Luis Obispo PC/PR/CO
Council subcommittee recommends for full Council approval once per year
• PC = Planning Commission; PR = Parks Commission or similar body; CO = Citizen’s Oversight or other tax measure oversight body
Staff is requesting direction from the Council on whether to maintain the current selection process, as outlined in the Municipal Code or to return to the Council with an ordinance to amend the code to apply a different process.
Citizen Oversight Committee for City Revenue Measures Composition The City has established several revenue measures over the years that require citizen oversight.
In 2006, Grover Beach voters approved Measure X-06 (Ordinance No. 06-12), which established a 0.5% Transaction and Use Tax. Section 15014 of this ordinance requires the City Council to “appoint a citizen committee to review the annual report, and who will provide a report on expenditures of the revenues generated from the Transaction and Use Tax to the City Council.” In 2020, Grover Beach voters also approved Measure F-20 (Ordinance No. 20-10), which amended the Transaction and Use Tax rate. This measure maintained the oversight provisions of the original Transaction and Use Tax ordinance following approval of Measure X-06.
In addition, in 2014 Grover Beach voters approved Measure K-14 (Ordinance No. 14-05), which authorized the issuance of up to $48 million in general obligation bonds for street improvements.
Section 10(c) of this ordinance specifically requires that “A Citizen Oversight Committee composed of three voters of the City of Grover Beach shall be formed and will be charged with an annual review of all Bond proceeds expenditures and an annual report to the City Council regarding their findings as to those expenditures.”
The City formed the required oversight committees though having two separate committees proved to be challenging to coordinate and find residents to serve in these roles. To streamline the oversight process while fulfilling the requirements of the measures, the City Council on August 19, 2019 adopted Resolution No. 19-44, which established a consolidated “Citizen Oversight Committee for City Revenue Measures” that would provide oversight for all approved revenue measures. This resolution specified that this consolidated committee would consist of the three members currently serving on the Measure K-14 Oversight Committee, with vacancies to be filled through the City’s standard process for advisory commissions.
Staff Report: Advisory Body Review Page 3
March 10, 2025
Following the approval of Measure F-20 in November 2020, the City Council adopted Resolution No. 20-47 in December 2020, which expanded the Citizen Oversight Committee from three to five members to increase public input and community participation in the oversight process for the City’s revenue measures. While this expansion allowed for broader community involvement, it created a discrepancy with the specific requirements outlined in Ordinance No. 14-05 for Measure K-14, which explicitly calls for a three-member oversight committee.
Ordinance No. 14-05 regarding Measure K-14 outlines specific parameters for the committee structure. Upon further review of the language of this ordinance, staff recommends returning to a three-member committee structure to align with the original framework established in the Measure K-14 ordinance, and to allow for combined committee oversight. This approach would provide consistency with the provisions outlined in the voter-approved measure while maintaining efficient oversight of all revenue measures. While the expansion to five members was done to provide additional community input, maintaining the three-member structure ensures strict adherence to the provisions of Ordinance No. 14-05. Staff further recommends reverting to the Citizen Oversight Committee as the three-member body established in Resolution No. 19-44 for this oversight role, which aligns with the provisions in Ordinance No. 14-05 for Measure K-14 oversight.
In practice, the Citizen Oversight Committee would continue the current practice of meeting annually to review the annual report of Measure K-14 bond proceeds and expenditures, Measure X-06/F-20 Transaction and Use Tax revenues and expenditures, and any other voter-approved revenue measures that require oversight. These reviews would be conducted as separate agendized items in a consolidated meeting, resulting in a single comprehensive report to the City Council regarding the committee’s findings on all revenue measures. This approach would ensure full compliance with all ordinance requirements while maximizing administrative efficiency.
Advisory Body Bylaws and Meeting Procedures
The topic of advisory body bylaws and meeting procedures has recently been raised particularly regarding the Citizens Oversight Committee. While establishing bylaws for advisory bodies would typically serve a beneficial purpose for clarifying operational procedures, applicable law limits the Council’s authority to modify voter-approved initiatives which specify the formation of related advisory bodies. According to California Elections Code §9217, if an initiative is adopted by the voters, it can be repealed or amended only by the voters, unless the original language provides otherwise. Case law supports this limitation, as demonstrated in Mobilepark West Homeowners Assn. v. Escondido Mobilepark West (1995) 35 Cal.App.4th 32, where a city council-adopted ordinance purporting to clarify and implement an existing initiative was declared invalid. This legal precedent indicates that the City Council cannot unilaterally expand upon or modify the provisions of Ordinance No. 14-05 without submitting such changes to the voters for approval.
To address this governance interest, cities generally include specific language in tax measure or bond ordinances that authorizes the council to establish bylaws or administrative procedures for oversight committees without requiring subsequent voter approval. Such provisions often include phrases like “The City Council may adopt bylaws, rules, or procedures to govern the operations of the Committee consistent with this Ordinance” or “The City Council shall establish the Committee’s operational procedures by resolution.” When crafting future ballot measures that include advisory oversight committees, the City Council may wish to include such enabling language to maintain appropriate flexibility in administrative oversight while respecting voter authority over substantive provisions.
Lacking such language in the existing ordinance, however, the City is bound by the specific terms approved by the voters. As it pertains to existing language regarding the creation, formation, Staff Report: Advisory Body Review Page 4
March 10, 2025
appointment and specifics of process pertaining to the Citizen Oversight Committee, it is recommended that Council not implement any processes or procedures other than those required to create the committee and honor the number of members specified and to allow for an annual review of applicable expenditures (i.e., utilize the City’s process to appoint a three person committee that is charged with reviewing applicable expenditures).
Lastly, staff would note that development of a handbook for conducting Council and advisory body meetings for the Council’s review is a work program item this year which may also address Council and community interests in how these meetings operate. This handbook would specify greater consistency in advisory body meetings with regards to use of microphones at and recording of all meetings. Staff will implement this consistency of microphone use and meeting recording for advisory bodies at this time given Council’s expressed interest in this approach.
FISCAL IMPACT
There are no fiscal impacts associated with the requested direction.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive a report on the City’s advisory bodies including the selection process, composition of the Citizen Oversight Committee, and bylaws and meeting procedures and provide direction to staff; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act. The City’s advisory body members have received a copy of this report.
Attachments
1. Advisory Body Code Sections and Resolutions
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RESOLUTION NO. 19-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, ESTABLISHING A CITIZEN OVERSIGHT COMMITTEE FOR CITY
REVENUE MEASURES
WHEREAS, in 2006, Grover Beach voters approved Measure X-06 which establish a new
0.5% Transaction and Use Tax as a general revenue to fund City services and projects as determined by the City Council; and
WHEREAS, Section 15013 of Ordinance No. 06-12, currently numbered as 101513 in the Grover Beach Municipal Code, calls for preparation and public availability of an annual report to summarize expenditures from revenue generated from the Transactions and Use Tax while Section 15014, currently numbered as 101514, calls for appointment of a citizen committee to review this annual report and prepare a report on these expenditures to the City Council; and WHEREAS, in 2014, Grover Beach voters approved Measure K-14 which authorized issuance of up to $48 million in general obligation bond funding to repair local streets and roads; and
WHEREAS, Section 10(c) of Ordinance No. 14-05 calls for establishment of a Citizen Oversight Committee composed of three voters charged with an annual review of all bond proceeds and expenditure and an annual report to the City Council; and WHEREAS, the Measure X-06 Oversight Committee has not met since 2016 whereas the Measure K-14 Oversight Committee has met annually since its establishment in 2016; and WHEREAS, the City Council affirms the importance of providing a citizen oversight role for approved revenue measures including Measure X-06 along with Measure K-14 and other recent measures which includes reviewing an annual report of the revenues generated from these measures and related expenditures; and
WHEREAS, the City Council hereby establishes a "Citizen Oversight Committee" that would reframe the existing Measure K-14 Oversight Committee into a broader committee that would provide oversight _into Measure K-14, Measure X-06, and other approved revenue measures; and
WHEREAS, the Citizen Ove.rsight Committee would be a three-member body comprised of the three members from the community who are currently members of the Measure K-14 Oversight Committee with committee vacancies to be filled by the City's process in filling vacancies on advisory commissions; and
WHEREAS, staff would work with the Committee to set up the initial meeting in fall 2019 to review a draft annual report of the revenue measures before the Council is asked to adopt this report by the end of calendar year 2019 with a similar schedule anticipated in subsequent years; and
Resolution No. 19-44 Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does hereby establish a Citizen Oversight Committee for City revenues measures.
On motion by Council Member Bright, second by Council Member Lance, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members: - Bright, Lance, Nicolls, Mayor Pro Tern Shah, and Mayor Lee
Council Members: - None
CouncilMembera:-None
Council Members: - None
the foregoing Resolution was PASSED, APPROVED, AND ADOPTED at the Regular Meeting of the City Council of the City of Grover Beach, California, this 1,9th day of August 2019. ,. ~
, WENDL,SIMS, ~ITY :-CLERK
. - -,
RESOLUTION NO. 20-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, INCORPORATING CITIZEN OVERSIGHT OF MEASURE F-20 TO THE EXISTING "CITIZEN OVERSIGHT COMMITTEE FOR CITY REVENUE MEASURES" AND EXPANDING THE COMMITTEE COMPOSITION TO FIVE
POSITIONS
WHEREAS, in 2006, Grover Beach voters approved Measure X-06 which established a new 0.5% Transaction and Use Tax as a general revenue to fund City services and projects as determined by the City Council; and
WHEREAS, Section 15013 of Ordinance No. 06-12, currently numbered as 101513 in the Grover Beach Municipal Code, calls for preparation and public availability of an annual report to summarize expenditures from revenue generated from the Transactions and Use Tax while Section 15014, currently numbered as 101514, calls for appointment of a citizen committee to review this annual report and prepare a report on these expenditures to the City Council; and WHEREAS, in 2014, Grover Beach voters approved Measure K-14 which authorized issuance of up to $48 million in general obligation bond funding to repair local streets and roads and Section 10(c) of Ordinance No. 14-05 called for establishment of a Citizen Oversight Committee composed of three voters charged with an annual review of all bond proceeds and expenditure and an annual report to the City Council; and WHEREAS, the City Council in 2019 affirmed the importance of providing a citizen oversight role for approved revenue measures and established a broader "Citizen Oversight Committee for City Revenue Measures" that would provide oversight into Measure K14, Measure X-06, and other approved revenue measures; and WHEREAS, this broader Citizen Oversight Committee was kept at a three-member body comprised of the three members from the community who were currently members of the Measure K-14 Oversight Committee with committee vacancies to be filled by the City's process in filling vacancies on advisory commissions; and
WHEREAS, the City Council placed Measure F-20 for the 2020 ballot to add a 1 % Transactions and Use Tax to address community needs in addition to the previously approved
0.5% Transactions and Use Tax in Measure X-06; and
WHEREAS, the City Council provided policy direction to incorporate oversight of this measure if passed to the existing Citizen Oversight Committee and to expand the composition of the committee from three positions to five positions; and WHEREAS, Measure F-20 was approved by Grover Beach voters on November 3, 2020 with its related ordinance adopted by the Council on December 7, 2020; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does hereby incorporate the citizen oversight of Measure F-20 to the Citizen Oversight Committee for City Revenues Measures and expand the committee composition from three positions to five positions ~nd fill the positions using the City's process in filling vacancies on advisory commissions; and
'
L
Resolution No. 20-47 Page2
On motion by Council Member Lance, seconded by Mayor Pro Tern Bright, and on the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members - Lance, Shah, Mayor Pro Tern Bright and Mayor Lee Council Members - None
Council Members - None
Council Members - None
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a Regular meeting of the City Council of the City of Grover Beach, California this 7th day of December 2020. ~A DEST: . . '•
{0~'.~~
WENDl"SIM~,CfTY GLERK .,,,. ... -.
. . - -- :
)
ORDINANCE NO. 06-12
AN ORDINANCE OF THE CITY OF GROVER BEACH ADDING CHAPTER 15
TO ARTICLE X OF THE GROVER BEACH MUNICIPAL CODE ESTABLISHING
A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE
BOARD OF EQUALIZATION
BE IT ORDAINED BY THE VOTERS OF THE CITY OF GROVER BEACH, AS FOLLOWS:
SECTION 1. FINDINGS.
A. One of the primary roles of City government is to provide vital public services such as public safety, street and sidewalk maintenance, parks and recreation programs, and many other essential city services.
B. The State continues to take revenues away from local governments. Over the past ten years, the State has taken over three million dollars in Grover Beach local city funds. As a result, the City needs additional resources for vital public services, such as public safety and road repair.
C. Grover Beach has been forced to use reserve funds to cover budget shortfalls. City reserve funds are limited and without new revenue it is likely that in the future important services, such as pothole repair, public safety or recreational programs, will be cut.
D. Last year, more than ten thousand calls were placed to the City's emergency dispatch center related to police, fire or medical emergencies -- and many of these calls come from Grover Beach's most vulnerable population, seniors.
E. In addition, it is estimated that 30 million dollars is needed to repair Grover Beach's local infrastructure. Main city streets and roads covered with potholes and many city streets have not been paved for 20 years.
F. Without additional money to support local police officers and maintain our full-time Grover Beach Fire Department or maintain recreation programs and facilities for seniors and youth, our City will not be able to offer the kind of public safety services we need, deserve and count on.
SECTION 2. AMENDMENT OF CODE.
Grover Beach Municipal Code Article X is hereby amended to add Chapter 15 to read as follows:
CHAPTER 15. TRANSACTIONS AND USE TAX.
15000. TITLE.
This Ordinance shall be known as the "Transactions and Use Tax Ordinance of the City of Grover Beach". The City of Grover Beach hereinafter shall be called "City." This Ordinance shall be applicable in the incorporated territory of the City. ,
Ordinance No. 06-12 - Tran~..Jtions and Use Tax
15001. PURPOSE.
This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
15001.1. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax Ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. 15001.2. To adopt a retail transactions and use tax Ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
15001.3. To adopt a retail transactions and use tax Ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.
15001.4. To adopt a retail transactions and use tax Ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with'the provisions of Part
1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance. 15002. OPERATIVE DATE.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance, the date of such adoption being as set forth below.
15003. CONTRACT WITH STATE.
Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax Ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
15004. TRANSACTIONS TAX RATE.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one-half percent (0,5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this Ordinance, Ordinance No. 06-12 - Tran8aJlions and Use Tax
15005. PLACE OF SALE.
For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
15006. USE TAX RATE.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Ordinance for storage, use or other consumption in said territory at the rate of one-half percent (0.5%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
15007. ADOPTION OF PROVISIONS OF STATE LAW.
Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the, Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein. 15008. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
15008.1. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
A. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California;
B. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance.
C. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
D. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; Ordinance No. 06-12 - Tram,Jtions and Use Tax
E. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
F. In Sections 6701,6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 qr 6828 of the Revenue and Taxation Code.
15008.2. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
15009. PERMIT NOT REQUIRED.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Ordinance. 15010. EXEMPTIONS AND EXCLUSIONS.
15010.1. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. 15010.2. There are exempted from the computation of the amount of transactions tax the gross receipts from: .
A. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
B. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
i. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
ii. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
Ordinance No. 06·12 - Trans)tiOns and Use Tax
)
C. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
D. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance.
E. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 15010.3. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property:
A. The gross receipts from the sale of which have been subject to a transactions tax under any state·administered transactions and use tax Ordinance.
B. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
C. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
D. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.
E. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
F. Except as provided in subparagraph (7), a retailer engaged in busine.ss in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
Ordinance No. 06-12 - Tran~.,Jtions and Use Tax
G. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. 15010.4. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
15011. AMENDMENTS.
All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance. 15012. ENJOINING COLLECTION FORBIDDEN.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 15013. ANNUAL REPORT.
City shall prepare and make available to the public an annual report, which presents in summary form expenditures from the prior fiscal year from revenue generated from the Transactions and Use Tax and budgeted expenditures for the upcoming fiscal year. 15014. PERIODIC REVIEW.
The City Council shall appoint a citizen committee to review the annual report, and who will provide a report on expenditures of the revenues generated from the Transaction and Use Tax to the City Council.
SECTION 3. USE OF TAX PROCEEDS.
All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into the City of Grover Beach General Fund, and may be used for any lawful purpose as designated by the City Council.
SECTION 4. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION.5. STATUTORY AUTHORITY FOR TAX.
This Ordinance is adopted pursuant to Revenue and Taxation Code Section 7285.9.
Ordinance No. 06-12 - Tranl>",dtions and Use Tax
SECTION 6. ELECTION REQUIRED.
This Ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the General Municipal Election to be held on Tuesday, November 7, 2006.
SECTION 7. EFFECTIVE DATE.
If this Ordinance is approved by a majority of the electors voting on the issue at the November 7, 2006 General Municipal Election, pursuant to Elections Code Section 9217, the Ordinance (not the tax) shall be become effective ten (10) days after the City Council accepts the certified results of the election.
INTRODUCED at a regular meeting of the City Council held Tuesday, September 5, 2006 and ADOPTED by the City Council on Monday, September 18,2006 on the following roll call vote, to wit:
AYES: Council Members Ekbom, Shoals, Mayor Pro Tem Lieberman, and Mayor Versaw.
NOES:
ABSENT:
ABSTAIN:
Council Member Ashton.
Council Members - None.
Council Members - None.
PASSED, APPROVED, and ADOPTED by 55.72 percent of the Voters of the City of Grover Beach on Tuesday, November 7, 2006.
LARRY
[£CQ~ VERSAW, MAYOR
ATTEST: I , '
~al #-~I:l. ~
APPROVED AS TO FQ~(M: , }
)
ORDINANCE NO. 14-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, ORDERING THE SUBMISSION OF A GENERAL OBLIGATION
BOND PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF GROVER
BEACH AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 4, 2014, FOR THE PURPOSE OF THE ACQUISITION,
CONSTRUCTION, AND REHABILITATION OF LOCAL STREET IMPROVEMENTS
THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA (THE "CITY"), DOES ORDAIN AS FOLLOWS:
WHEREAS, under the direction of the City Council, staff has retained a civil engineering consultant with expertise in pavement management that evaluated the current condition of City streets; and
WHEREAS, the average condition of the approximately 44.96 centerline miles of streets in the City was rated at 42 on a scale of 0-100, which indicates a "poor" condition of streets citywide; and
WHEREAS, over 65% of the City's street system has been evaluated to be in "poor" to "failed" condition, the majority of which are attributable to residential streets; and WHEREAS, critical reconstruction and rehabilitation projects are necessary in the City to improve drivability and safety; and, according to the pavement management expert, unless major rehabilitation of the street system is initiated soon, the City street system will reach statistical failure within six (6) to eight (8) years; and WHEREAS, State takeaways of $5,000,000 over the last five years and the recent recession, among other factors, means that the City does not have the dedicated funding it needs to make significant repairs to streets in "poor" or "failed" condition; and WHEREAS, passing a local Grover Beach Street Reconstruction and Safety Improvement Bond will generate local funds that cannot be touched by Sacramento, requiring all funds to be used locally; and
WHEREAS, if City streets are rehabilitated, it will make it easier to drive on our streets, as well as maintain emergency response times, improve safety at neighborhood school crosswalks, and enhance safety for pedestrians, bicyclists, and drivers; and WHEREAS, based on the fact that the City receives its revenue primarily from property taxes, there isn't sufficient funds in the City's $7.5 million budget to provide the basic services the City is required to provide and maintain the extensive street system. It is just not possible to initiate the rehabilitation of the street system which has been estimated to be in excess of $48 million; and
WHEREAS, the City would require that funds from such a measure be deposited directly into a Street Construction Designated Fund; and
Ordinance No. 14-05
WHEREAS, the only source of funds that could be available to pay for the citywide rehabilitation of the street infrastructure is through issuance of General Obligation Bonds; and WHEREAS, on July 7,2014, the City Council adopted, by at least a two-thirds vote of all its members, a resolution entitled "Resolution of the City Council of the City of Grover Beach Determining that the Public Interest and Necessity Demand the Acquisition and Development of Certain Municipal Improvements ("Street Improvements") with Financing Through the Issuance of General Obligation Bonds (the "Resolution of Necessity"); and WHEREAS, in order to provide for the issuance by the City of its general obligation bonds to finance the Street Improvements described in the Resolution of Necessity, it is necessary for the City Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at a regular municipal election; and
WHEREAS, the City Council desires to submit said ballot measure to the qualified voters of the City at an election to be held in the City on November 4, 2014, and to consolidate the bond election with the general statewide election held within the City on that date; and WHEREAS, the General Municipal Election has been called by Resolution No. 14-41 adopted by City Council on June 16, 2014, and the City Council hereby orders that there be submitted to the qualified voters of the City a proposition on incurring a bonded debt (the "Bonds") for the purpose set forth in the Resolution of Necessity, at that General Municipal Election, which will coincide with the regular statewide election to be held on November 4,2014.
NOW THEREFORE, IT IS ORDERED AS FOLLOWS:
Section 1. That the above recitals are true and correct.
Section 2. Ballot Proposition. The City Council hereby submits to the qualified voters of the City, at the regular election to be held on November 4, 2014, a proposition on issuing the Bonds in substantially the following form:
CITY OF GROVER BEACH
MEASURE K-14
GROVER BEACH STREET REHABILITATION; SAFETY
IMPROVEMENT BOND MEASURE: To rehabilitate/resurface
deteriorating residential and major streets to improve drivability; maintain emergency response times; enhance safety for
pedestrians, bicyclists, drivers, neighborhood school
crosswalks; and promote economic/job growth; shall the City incrementally issue up to $48,000,000 of bonds at tax-exempt interest rates, requiring funds go directly into the Street Construction Designated Fund with all funds used exclusively for Grover Beach streets; subject to independent audits/citizens' oversight committee?
YES
NO
Ordinance No. 14-05
Section 3. Object and Purpose of Bonds. The object and specific single purpose of issuing the Bonds is the acquisition, construction and improvement of street improvements throughout the City (the "Street Improvements"), and the proceeds of the Bonds may only be applied to that purpose.
Section 4. Estimated Cost of Street Improvements. The estimated cost of the Street Improvements is $48,000,000.00. The estimated cost includes legal or other fees, and other costs and expenses, which are incidental to or connected with the authorization, issuance and sale of the Bonds.
Section 5. Principal Amount of Bonds. The amount of the principal of the Bonds shall not exceed $48,000,000.00.
Section 6. Maximum Interest Rate. The maximum rate of interest to be paid on the Bonds shall be 12% per annum.
Section 7. Issuance and Sale of Bonds. The City proposes to acquire, construct and develop the Street Improvements and to issue and sell the Bonds pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, or Article 4.5, commencing with Section 53506, of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The Bonds will be general obligations of the City payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of the Bonds are to be equally and ratably secured, without priority, by the taxing power of the City.
Section 8. Consolidation; Manner of Conducting Election. The date of the election is November 4, 2014. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and returned, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The City Council has requested, pursuant to Resolution No. 14-42, the Board of Supervisors of San Luis Obispo County (the "County") and the San Luis Obispo County Clerk, Elections Division, the consolidation of the called municipal election with any other election to be held within the City on said date.
Section 9. Procedure for Voting on Proposition. Ballots for the election shall be provided in the form and in the number provided by law. Voters shall be provided an opportunity to vote for or against the proposition on the ballot, in accordance with procedures to be adopted by the authorized officers of the County charged with conducting the election.
Section 10. Accountability Requirements. In accordance with Sections 53410 and 53411 of the California Government Code, the City Council hereby adopts the following accountability requirements relating to the Bonds:
(a) A separate account called Street Construction Designated Fund shall be created and held by the City, into which the proceeds of the Bonds are deposited.
Ordinance No. 14-05
(b) The chief fiscal officer of the City shall file a report with the City Council no later than January 1, 2016, and at least once a year thereafter, showing the amount of Bond proceeds collected and expended, and the status of the project to be financed from the proceeds of the Bonds. (c) A Citizen Oversight Committee composed of three voters of the City of Grover Beach shall be formed and will be charged with an annual review of all Bond proceeds expenditures and an annual report to the City Council regarding their findings as to those expenditures.
Section 11. Publication of Ordinance. This Ordinance shall be published once a day for at least seven (7) days in a newspaper published at least six (6) days a week in the City, or once a week for two (2) weeks in a newspaper published less than six (6) days a week in the City. The first of said publications shall, in either event, be within fifteen (15) days after the adoption of this Ordinance. The Clerk is hereby authorized and directed to make said publications and to transmit for receipt, no later than August 7, 2014, a certified copy of this Ordinance to the appropriate officials of the County responsible for preparing the ballots for said election.
Section 12. Effective Date. This Ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of this Council.
The foregoing Ordinance was INTRODUCED and READ at a regular meeting of the City Council held on July 7, 2014, and was PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council held on July 21, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
\ ,
Council Members Karen Bright, Glenn Marshall, William "Bill" Nicolls, Mayor Pro Tem Jeff Lee, and Mayor Debbie Peterson.
Council Members - None.
Council Members - None.
Council Members - None.
DEBBIE PETERSON, MAYOR
DO ~L. McMAHON" CITY CLERK
APPROVED AS TO FOR :
ORDINANCE NO. 20-10
AN ORDINANCE OF THE CITY OF GROVER BEACH, CALIFORNIA
AMENDING SECTIONS 101504, 101505 AND 101506 OF CHAPTER 15 TO
ARTICLE X OF THE GROVER BEACH MUNICIPAL CODE AMENDING THE
AMOUNT OF A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY
THE STATE BOARD OF EQUALIZATION
BE IT ORDAINED BY THE VOTERS OF THE CITY OF GROVER BEACH, AS FOLLOWS:
PART 1. FINDINGS.
A. The City of Grover Beach (City) prides itself on stretching its resources to meet community needs despite having one of the smallest General Fund budgets per capita among cities in the county; and
B. The City has made significant strides in providing effective and efficient services and has demonstrated its leadership in considering economic growth opportunities and cost management leading to a relatively stable financial position despite impacts from the COVID-19 pandemic which total $800,000 in decreased revenue or 6% of General Fund revenues; and C. In response to this fiscal challenge, the City has taken numerous actions to ensure the City's financial position including instituting a hiring review before filling vacant positions, tightening expenditures to reduce nonessential costs and freeze travel expenses, and delaying one-time infrastructure improvements and putting other items on hold; and D. Given these actions, the City's fiscal outlook is relatively stable for now and the budget for next year maintains existing service levels and prudent ending reserves in the General Fund to protect the City's finances during these times of economic uncertainties; and E. While the current budget does not have service or staffing reductions, the City's financial projections do not have adequate funding to meet key community needs identified by the public such as major street repairs and sidewalk improvements, business support and assistance, and fire and emergency medical and neighborhood policing services; and F. These community needs include $10 million in unfunded repairs for major streets such as West Grand Avenue, miles of sidewalk infill to make the city more accessible for pedestrians, ongoing funding assistance and support to help businesses be successful in our community and more immediately address the impacts from COVID-19 pandemic, and low public safety staffing levels that do not allow the level of desired proactive community and neighborhood outreach work; and
G. The City currently has a general transactions and use tax (commonly known as a "sales tax") pursuant to the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code (commencing with Section 7251) and Chapter 2.3 of Part 1.7 of Division 2 of the Revenue and Taxation Code (commencing with Section 7285.9), with a rate of one half of one percent (0.5%), as established in Article X, Chapter 15 of the Grover Beach Municipal Code ("Transactions and Use Tax"); and
H. Section 2(b) of Article XIII C of the California Constitution, added by Proposition 218, effective November 1996, requires that a measure proposing a general tax be submitted to the Ordinance No. 20-10- Transactions and Use Tax Page2
voters at an election consolidated with a regularly scheduled general election for members of the governing body of the local government; and
I. A General Municipal Election to be held in the City on Tuesday, November 3, 2020, for the election of certain officers of the City has been called by Resolution of the City Council on July 22, 2020; and
J. A request for consolidating the General Municipal Election with the Statewide General Election on November 3, 2020 has also been called by Resolution of the City Council on July 22, 2020; and
K. Pursuant to California Constitution Article XIII C, Section 2(b) and Elections Code Section 10201, the City has determined by the City Council's action to submit a measure to the voters to enact an ordinance establishing a new one (1 %) percent Transactions and Use Tax (Sales Tax) at the City's next regular consolidated general municipal election; and L. Pursuant to Revenue and Taxation Code section 7285.9, approving the Sales Tax Measure requires approval by a majority vote of the qualified voters of the City voting in an election on the issue; and
M. The proceeds from such a Sales Tax could not be taken by the State and would remain local, to be spent in Grover Beach for services such as infrastructure improvements, business support and assistance, public safety staffing, and other services; and N. The Sales Tax proceeds would have citizen oversight by the existing Citizen Oversight Committee on City Revenue Measures with an annual audit report presented to the City Council.
PART 2. Section 101504 of Chapter 15 of Article X of the Grover Beach Municipal Code is hereby amended as follows:
Section 101504. Transaction Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of [one and] one-half percent [(1.5%)] (0.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this chapter.
PART 3. Section 101505 of Chapter 15 of Article X of the Grover Beach Municipal Code is hereby amended as follows:
Section 101505. Place of Sale. For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sale are consummated [for the purpose of a transactions tax proposed by this Chapter] shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
Ordinance No. 20-10- Transactions and Use Tax Page3
PART 4. Section 101506 of Chapter 15 of Article X of the Grover Beach Municipal Code is hereby amended as follows:
Section 101506. Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Chapter for storage, use or other consumption in said territory at the rate of [one and] one-half [(1.5%)] (0.5%) percent of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
PART 5. USE OF TAX PROCEEDS.
All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into the City of Grover Beach General Fund and may be used for any lawful purpose as designated by the City Council.
PART 6. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
PART 7. STATUTORY AUTHORITY FOR TAX.
This Ordinance is adopted pursuant to Revenue and Taxation Code Section 7285.9.
PART 8. ELECTION REQUIRED.
This Ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the General Municipal Election to be held on Tuesday, November 3, 2020.
PART 9. EFFECTIVE DATE.
If this Ordinance is approved by a super-majority vote of the Grover Beach City Council and by a majority of the electors voting on the issue at the November 3, 2020 General Municipal Election, and the City Council accepts the certified results of the election, the tax will become effective on 12:01 a.m. on April 1, 2021.
INTRODUCED at a regular meeting of the City Council held November 16, 2020 and ADOPTED by the City Council on December 7, 2020 on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members - Lance, Shah, Mayor Pro Tern Bright and Mayor Lee Council Members - None
Council Members - None
Council Members - None
Ordinance No. 20-10- Transactions and Use Tax Page4
PASSED, APPROVED, and ADOPTED by the Council of the City of Grover Beach on Monday, December 7, 2020.
,,..
' '
WENDLSIMS, ClTY CLERK , . . _._
APPROVED AS TO FORM:
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DAVID HALE, CITY ATTORNEY