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AGENDA

GROVER BEACH CITY COUNCIL

GROVER BEACH CITY HALL - COUNCIL CHAMBER

154 SOUTH EIGHTH STREET

GROVER BEACH, CALIFORNIA

MONDAY, MAY 7, 2018, 6:00 PM

Next Resolution No. 18-30

Next Ordinance No. 18-04

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

AGENDA REVIEW

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

CEREMONIAL CALENDAR

1.Proclamation Declaring the Week of May 13 - 19, 2018 as, “National Police Week”.

PRESENTATION

2.Presentation from SLOCOG/RIDESHARE About Bike to Work Day (May 18th) and Bike to School Day (May 9th).

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.

Agenda: Grover Beach City Council Meeting

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Monday, May 7, 2018

 

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 Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion.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 approvedMotion and Vote .

3.Treasurer’s Report for the Period April 3, 2018 – May 1, 2018.

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

VOICE VOTE

4.Treasurer’s Report for the 2016 Streets Bond Account - $8,000,000 (Measure K-14: Grover Beach Street Rehabilitation; Safety Improvement Bond Measure) for the Period April 3, 2018 – May 1, 2018.

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

VOICE VOTE

5.Treasurer’s Report for the 2017 Streets Bond Account - $15,000,000 (Measure K-14: Grover Beach Street Rehabilitation; Safety Improvement Bond Measure) for the Period April 3, 2018 – May 1, 2018.

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

VOICE VOTE

6.Minutes of the Following City Council Meetings:

-Regular City Council Meeting on Tuesday, February 20, 2018;

-Special City Council Meeting on Friday, February 23, 2018;

-Special City Council Meeting on Monday, March 5, 2018; and

-Regular City Council Meeting on Monday, March 5, 2018.

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

VOICE VOTE

7.Appointment of a Representative to the Board of Directors for Visit SLO CAL – City Manager Bronson. The City Council will consider formal appointment of a representative from the local lodging businesses to represent Grover Beach.

(Recommended Action: Adopt the Resolution designating a lodging constituent to serve as a member of the Visit SLO CAL Board.)

ROLL CALL VOTE

8.Acquisition of New Emergency Communications Radio System – Police Chief Peters. The City Council will consider entering into a three-year financing agreement for the purchase of a new emergency communications radio system for the communications center in the Grover Beach Police Department.

(Recommended Action: Adopt the Resolution authorizing the City Manager to enter into an agreement with Government Capital Corporation to finance the purchase of a new Emergency Communications Radio System for the Grover Beach Communications Center.)

ROLL CALL VOTE

PUBLIC HEARINGS

9.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 on Commercial Cannabis Businesses – Community Development Director Buckingham, City Attorney Hale, Police Chief Peters, and Fire Chief Lieberman. The

Agenda: Grover Beach City Council Meeting

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Monday, May 7, 2018

 

City Council will consider recommendations from the Planning Commission regarding amending the Grover Beach Municipal Code and a Local Coastal Program Amendment to allow adult-use cannabis uses, authorize the Planning Commission to be the Review Authority for non-retailer commercial cannabis uses, and allow the issuance of local permits that allow State License Type 7 Level Two manufacturing (with volatile solvents), and the establishment of additional regulations related to personal cultivation.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 allow adult use and change the Review Authority;

2)Conduct first reading, by title only, and introduce the Ordinance amending Article III Chapter 18 of the Grover Beach Municipal Code to revise definitions, expand the use of manufacturing Level Two volatile compounds, and revise personal cultivation standards; 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

10.Development Application 17-27 Request for a Development Permit and Tentative

Parcel Map for a two unit, two-story Planned Unit Development. Applicant: Pace

Homes, Inc.; Project location: 557 Manhattan Avenue – Senior Planner Castillo and Building/Planning Technician Mesa. The City Council will consider recommendations from the Planning Commission regarding a Development Permit and Tentative Parcel Map to construct a two unit, two-story Planned Unit Development. The City Council would provide direction regarding the abandonment a portion of right-of-way in the 500 block of Manhattan AvenueMotion and Vote .

Recommended Action:

1)Adopt the Resolution approving Development Application 17-27, entitling a two-unit Planned Unit Development and Tentative Parcel Map G17-0141 at 557 Manhattan Avenue; and

2)Provide direction for staff to initiate a right-of-way abandonment based on options

provided by staff.

ROLL CALL VOTE

11.Development Application 17-50 - Request for a Use Permit, Coastal Development Permit, and Commercial Cannabis Permit to Establish a Commercial Cannabis Manufacturing and Distribution Facility. Applicant: Mary’s Tech CA, Inc; Project location: 927 South Fourth Street - Community Development Director Buckingham and Senior Planner Castillo. The City Council will consider recommendations from the Planning Commission regarding a Use Permit and Coastal Development Permit to operate a commercial medical cannabis manufacturing and distribution facility in the Coastal Industrial Zone.Motion and Vote

Recommended Action:

1)Adopt the Resolution approving Development Application 17-50, establishing a commercial medical cannabis facility with manufacturing and distribution uses located at 927 South 4th Street; and

2)Adopt the Resolution approving a Commercial Cannabis Permit for Mary’s Tech CA,

Inc.

ROLL CALL VOTE

Agenda: Grover Beach City Council Meeting

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Monday, May 7, 2018

 

12.Development Application 18-05 - Request for a Use Permit and Commercial Cannabis Permit to Establish a Commercial Cannabis Manufacturing and Distribution Facility. Applicants: Coastal Business Distribution LLC and BS & RG Holdings LLC; Project location: 1141 Highland Way - Community Development Director Buckingham and Planner II Reese. The City Council will consider recommendations from the Planning Commission for a Use Permit to operate a commercial medical cannabis manufacturing and distribution facility in the Industrial ZoneMotion and Vote .

Recommended Action:

1)Adopt the Resolution approving Development Application 18-05, establishing a commercial medical cannabis facility with manufacturing and distribution uses located at 1141 Highland Way;

2)Adopt the Resolution approving a Commercial Cannabis Permit for Coastal Business Distribution LLC; and

3)Adopt the Resolution approving a Commercial Cannabis Permit for BS & RG

Holdings LLC.

ROLL CALL VOTE

13.Development Application 17-47 - Request for a Use Permit and Commercial Cannabis Permit to Establish a Commercial Cannabis Manufacturing Facility. Applicant: Central Coast Clear Source LLC; Project location: 1091 Highland Way - Community Development Director Buckingham and Planner II Reese. The City Council will consider recommendations from the Planning Commission regarding a Use Permit to operate a commercial medical cannabis manufacturing facility in the Industrial ZoneMotion and Vote .

Recommended Action:

1)Adopt the Resolution approving Development Application 17-47, establishing a commercial medical cannabis facility with manufacturing uses located at 1091 Highland Way; and

2)Adopt the Resolution approving a Commercial Cannabis Permit for Central Coast

Clear Source LLC.

ROLL CALL VOTE

REGULAR BUSINESS

14.Commercial Cannabis Tax Structure Amendments – City Manager Bronson. The City Council will consider amending cannabis taxes to establish a 5% gross receipts tax rate on retailers, a 3% rate on manufacturers, distributors, and other uses, along with a $5 per square foot cultivation tax based on floor area rather than canopy space. The Council will additionally consider establishing a tax cap of $3 million for retailers and $2.5 million for manufacturers, distributors, and others based on the amount of City cannabis tax revenue paid by the businessMotion and Vote .

Recommended Action: Adopt the Resolution to amend the commercial cannabis tax structure for all permitted commercial cannabis businesses in the city.

ROLL CALL VOTE

15.Upcoming and Potential State Ballot Initiatives – City Manager Bronson. The City Council will consider State ballot initiatives on the upcoming June primary election and potential initiatives for the November general election and consider potentially taking a position on those initiatives that impact local government.

Agenda: Grover Beach City Council Meeting

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Monday, May 7, 2018

 

Recommended Action: Receive information on upcoming and potential State ballot initiatives and consider taking positions at the City of Grover Beach on specific initiatives.

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: Mariam Shah)

South SLO County Sanitation District (SSLOCSD)

Barbara Nicolls (Alt: Mariam Shah)

Air Pollution Control District (APCD)

Mariam Shah (Alt: Jeff Lee)

Homeless Services Oversight Council (HSOC)

Mariam Shah (Alt: Jeff Lee)

Visit San Luis Obispo County

Mariam Shah (Alt: Jeff Lee)

Five Cities Fire Joint Powers Authority

John Shoals (Alt: Barbara Nicolls)

Regional Groundwater Sustainability Project (RGSP)

John Shoals (Alt: Mariam Shah)

SLO Council of Governments / SLO Regional Transit Authority

John Shoals (Alt: Mariam Shah)

(SLOCOG / SLORTA)

 

South County Transit (SCT)

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)

League of California Cities - Policy Committee Reports and Other League Matters

Channel Counties Division

Mariam Shah

Transportation, Communication & Public Works Policy Committee Jeff Lee & Debbie Peterson

Governance, Transparency & Labor Relations Policy Committee

Matthew Bronson

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

Agenda: Grover Beach City Council Meeting

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Monday, May 7, 2018

 

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

AGENDA

GROVER BEACH FINANCING AUTHORITY

GROVER BEACH CITY HALL - COUNCIL CHAMBER

154 SOUTH EIGHTH STREET, GROVER BEACH, CALIFORNIA

MONDAY, MAY 7, 2018

(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, May 3, 2018

Agenda: Grover Beach City Council Meeting

Mon, May 7, 2018

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.