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AGENDA

GROVER BEACH CITY COUNCIL

GROVER BEACH CITY HALL - COUNCIL CHAMBERS

154 SOUTH EIGHTH STREET

GROVER BEACH, CALIFORNIA

MONDAY, DECEMBER 4, 2017, 6:00 PM

Next Resolution No. 17-57

Next Ordinance No. 17-09

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.

 

PLEASE SUBMIT ALL CORRESPONDENCE FOR CITY COUNCIL PRIOR

TO THE MEETING WITH A COPY TO THE CITY CLERK

City Council meetings are webcast live on the City website at www.groverbeach.org and

broadcast live on Charter Cable Television's Government Access Channel 20.

Re-broadcasts are daily at 1:00 a.m., 9:00 a.m., and 6:00 p.m. the week of the meeting,

and Thursdays and Sundays at 1:00 a.m., 9:00 a.m., and 6:00 p.m. the week following the meeting.

CALL TO ORDER

MOMENT OF SILENCE

FLAG SALUTE

ROLL CALL Council Members Jeff Lee, Barbara Nicolls, and Debbie Peterson, Mayor Pro Tem Mariam Shah, and Mayor John Shoals.

CLOSED SESSION ANNOUNCEMENTS

None at this time.

AGENDA REVIEW

At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.

CEREMONIAL CALENDAR

1. Proclamations of Appreciation to Former Planning Commissioners Greg Alex and Chris Long.

PRESENTATION

2. Community Survey Results – City Manager Bronson. The City Council will receive a presentation on a community survey of residents regarding a variety of topics, including key issues facing Grover Beach, City services and events, and potential revenue measures.

Recommended Action: Receive a report on the results of a community survey conducted of Grover Beach residents on a variety of topics such as key community issues and importance and satisfaction of City services.

Agenda: Grover Beach City Council Meeting

Page 2

Monday, December 4, 2017

 

PUBLIC COMMUNICATIONS

Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.

 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.       Motion and Vote

3.Treasurer’s Report for the Period November 9, 2017 to November 30, 2017. (Recommended Action: Approve the Treasurer’s Report as submitted.)

VOICE VOTE

4.Treasurer’s Report for the 2016 Streets Bond Account - $8,000,000 (MeasureK-14: Grover Beach Street Rehabilitation; Safety Improvement Bond Measure) for the Period November 9, 2017 to November 30, 2017.

(Recommended Action: Approve the Treasurer’s Report as submitted.)

VOICE VOTE

5.Minutes of the City Council Meeting on September 18, 2017.

(Recommended Action: Approved the minutes as submitted or revised.)

VOICE VOTE

6.        Resolution Changing the Dates for the January 2018 Regular Meetings – City Attorney Hale. The City Council will consider designating the second and fourth Monday only in the month of January 2018 as regular City Council meeting dates. (Recommended Action: Adopt the Resolution changing the City Council’s Regular Meeting dates for the month of January 2018.)     Motion and  Vote

ROLL CALL VOTE

7.      Second Reading and Adoption of Ordinance No. 17-08 Amending City Council Compensation – City Manager Bronson. The City Council will consider adopting an Ordinance amending compensation for the office of Council Member to $600 per month and for the office of directly-elected Mayor to $750 per month, effective in December 2018 after the next General Municipal Election.

(Recommended Action: Conduct second reading, by title only, and adopt Ordinance No. 17-08 amending Chapter 2, Article II of the Grover Beach Municipal Code to amend the stipend amounts for members of the City Council.)     Motion and Vote

ROLL CALL VOTE

8.        Lease Renewal of City-Owned Commercial Space at 180 Highway 1 – City Manager Bronson. The City Council will consider renewing the lease agreement for the City- owned commercial space located at the Grover Beach Train Station.

(Recommended Action: Approve the renewal of a one-year lease agreement with a one-year extension available between the City and Monarch Grove Winery for the City- owned commercial space at 180 Highway 1 and authorize the Mayor to execute the agreement on behalf of the City.)         Motion and Vote

ROLL CALL VOTE

Agenda: Grover Beach City Council Meeting

Page 3

Monday, December 4, 2017

 

PUBLIC HEARINGS

9.        Introduction and First Reading of an Ordinance to Regulate the Use of Expanded Polystyrene Products. The City Council was scheduled to consider regulating the use of expanded polystyrene products or “EPS” and commonly referred to as StyrofoamTM. (Continued Public Hearing from November 6, 2017.)     Motion and Vote

Recommended Action: Take no public testimony at this time and continue the Public Hearing to Mon, January 8, 2018.

VOICE VOTE

10.      Introduction and First Reading of Ordinances to Amend Articles IX and III of the Grover Beach Municipal Code and Approve a Local Coastal Program Amendment Regarding the Establishment, Operation, and Regulation of Commercial Medical Cannabis Uses – Community Development Director Buckingham, City Attorney Hale, Police Chief Peters, Fire Chief Lieberman.

The City Council will consider a recommendation from the Planning Commission to amend the Grover Beach Municipal Code and a Local Coastal Program Amendment to increase the number of dispensaries (now defined as “Retailers and Microbusinesses”) up to a maximum of four (4) from two (2) and make revisions to be consistent with state law. An Initial Study and Negative Declaration was previously prepared and adopted that evaluated up to four (4) dispensaries [now redefined as “Retailers and Microbusinesses”] for Ordinance No. 17-05.

The City Council will also consider an amendment to Grover Beach Municipal Code Article III Chapter 18 to update the Regulatory Ordinance to be consistent with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), reference the new enabling statutory provisions, clarify the factors justifying Good Cause for denial of a permit, delete the time frame for consideration of criminal conduct, and other similar modifications.      Motion and  Vote

Recommended Action:

1)Conduct first reading, by title only, and introduce the Ordinance amending Article IX of the Grover Beach Municipal Code to increase the maximum number of medical cannabis retail uses to four and make revisions consistent with State law; and

2)Conduct first reading, by title only, and introduce the Ordinance amending Article III Chapter 18 of the Grover Beach Municipal Code (Medical Cannabis Regulatory Ordinance) to revise definitions and make revisions consistent with State law; and

3)Schedule second reading and adoption of the Ordinances and adoption of a Resolution approving a Local Coastal Program Amendment at the next regularly

scheduled City Council meeting.

ROLL CALL VOTE

REGULAR BUSINESS

11.      Commercial Medical Cannabis Retailer and/or Microbusiness with a Retail Use Eligibility Ranking List – Community Development Director Buckingham, City Attorney Hale, Police Chief Peters, Fire Chief Lieberman. The City Council will review the eligibility ranking list and consider potential changes reflecting the Council’s action on the amended Ordinances.      Motion and Vote    Withdrawn    Motion and  Vote

Recommended Action: Review the commercial medical cannabis retailer and/or microbusiness with a retail use eligibility ranking list previously established by Council

Agenda: Grover Beach City Council Meeting

Page 4

Monday, December 4, 2017

 

and provide direction on potential changes including the applicants authorized for consideration of receiving a Use Permit.

 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.

Economic Vitality Corporation (EVC)

Jeff Lee (Alt: Barbara Nicolls)

Integrated Waste Management Authority (IWMA)

Jeff Lee (Alt: Debbie Peterson)

Zone Three Advisory Committee

Jeff Lee (Alt: Mariam Shah)

Chamber of Commerce - Arroyo Grande & Grover Beach

Barbara Nicolls (Alt: Debbie Peterson)

Community Action Partnership of SLO County (CAPSLO)

Barbara Nicolls (Alt: Debbie Peterson)

South County Transit (SCT)

Barbara Nicolls (Alt: John Shoals)

Air Pollution Control District (APCD)

Mariam Shah (Alt: Jeff Lee)

Homeless Services Oversight Council (HSOC)

Mariam Shah (Alt: Jeff Lee)

Visit SLO CAL (formerly Visit San Luis Obispo County)

Mariam Shah (Alt: Debbie Peterson)

Five Cities Fire Authority

John Shoals (Alt: Barbara Nicolls)

Regional Groundwater Sustainability Project (RGSP)

John Shoals (Alt: Jeff Lee)

San Luis Obispo Council of Governments (SLOCOG) and

John Shoals (Alt: Mariam Shah)

San Luis Obispo Regional Transit Authority (SLORTA)

 

South SLO County Sanitation District (SSLOCSD)

John Shoals (Alt: Barbara Nicolls)

SLO Coastal Regional Sediment Management Plan (CRSMP) Debbie Peterson (Alt: Mariam Shah)

Steering Committee

 

SLO County Water Resources Advisory Committee (WRAC)

Debbie Peterson (Alt: Jeff Lee)


 COUNCIL COMMUNICATIONS

This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.

 CITY MANAGER’S REPORTS AND COMMENTS

 CITY ATTORNEY’S REPORTS AND COMMENTS

CLOSED SESSION

None at this time.

ADJOURNMENT

* * * * *

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

Agenda: Grover Beach City Council Meeting

Page 5

Monday, December 4, 2017

 

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

AGENDA

GROVER BEACH FINANCING AUTHORITY

GROVER BEACH CITY HALL - COUNCIL CHAMBERS

154 SOUTH EIGHTH STREET, GROVER BEACH, CALIFORNIA

MONDAY, DECEMBER 4, 2017

(Meeting begins immediately following the Regular City Council Meeting scheduled on this date only if there are items scheduled for discussion.)

Notice of Meeting Cancellation

Notice is Hereby Given that there will be

no meeting of the Grover Beach Financing Authority on this date.

I hereby certify under penalty of perjury under

the laws of the State of California, that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to this regularly scheduled meeting date.

Posted:

_____/s/________________________________

Donna L. McMahon, City Clerk Dated: Thurs, November 30, 2017

Agenda: Grover Beach City Council Meeting

Mon, December 4, 2017

CITY OF GROVER BEACH

POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS

(Pursuant to Resolution No. 07-44, adopted 04-16-07)

1.0DECORUM AND ORDER – COUNCIL MEMBERS

Council Members shall accord the utmost courtesy to each other, to administrative staff and to the public appearing before the City Council and shall refrain at all times from rude, abusive, and/or derogatory remarks or those that reflect upon a person’s integrity, motives or personality.

2.0DECORUM AND ORDER – STAFF

2.1City 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.

2.2Addressing the City Council

Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the Mayor/Presiding Officer. All remarks shall be addressed to the Mayor/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.

3.0DECORUM AND ORDER – MEMBERS OF THE PUBLIC

3.1Addressing 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 Mayor/Presiding Officer at the appropriate place on the agenda. All remarks shall be addressed to the Mayor/Presiding Officer and not to any individual Council Member, member of the administrative staff or member of the public.

3.2Time 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 Mayor/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 Mayor/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.

3.3Removal

Any member of the public making personal, impertinent, and slanderous or profane remarks or who becomes boisterous while addressing the City Council, staff or general public or while attending the City Council meeting and refuses to come to order at the direction of the Mayor/Presiding Officer, shall be removed from the Council Chambers by the sergeant-at-arms and may be barred from further attendance before the Council during that meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Mayor/Presiding Officer. The Mayor/Presiding Officer may direct the sergeant-at-arms to remove such offenders from the room.1

3.4Prosecution

Aggravated cases shall be prosecuted on appropriate complaint signed by the Mayor/Presiding Officer.

4.0ENFORCEMENT OF DECORUM

In extreme cases, such as when a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals as provided for in this Policy, the Mayor/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.