LET Y OF
MINUTES
Pismo Beach City Council
OisMO gEPTuesday, February 15, 2022
Regular Meeting-5:30 p.m.
Meeting Held Virtually
The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.
CALL TO ORDER: 5:39 p.m.
1. ROLL CALL:
Present:
Absent:
Mayor Ed Waage (via teleconference) None
Mayor Pro Tem Mary Ann Reiss (via teleconference)
Council Member Sheila Blake (via teleconference)
Council Member Marcia Guthrie (via teleconference)
Council Member Scott Newton (via teleconference)
61W Staff Present:
Matt Downing, Community Development Director (via teleconference) Nadia Feeser, Administrative Services Director (via teleconference) Benjamin Fine, Public Works Director/City Engineer (via teleconference) David Fleishman, City Attorney (via teleconference)
Jorge Garcia, Assistant City Manager (via teleconference) Erica Inderlied, City Clerk (via teleconference)
Gordon Jackson, Director of Tourism and Events (via teleconference) Paul Lee, Battalion Chief (via teleconference)
James R. Lewis, City Manager (via teleconference)
Jeff Smith, Chief of Police (via teleconference)
Other staff present as noted below
600
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was not conducted.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
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City Council Meeting Minutes February 15, 2022
4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
Call for public comment:
Staff noted public comment received via email from Mark Naftal and Jennifer Jozwiak.
The following commented:
Mark Naftal
6. CITY MANAGER'S REPORT
City Manager Lewis commented on various topics.
7. CITY ATTORNEY'S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 12:00 p.m. Closed Session on February 14, 2022.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Newton: San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
Mayor Waage: Central Coast Community Energy (3CE) Policy Board.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Blake
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.F):
Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0 ftwl�
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Approved March 1, 2022 CCM-2022-02-15 Regular
City Council Meeting Minutes February 15, 2022
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the February 1, 2022 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for January 30, 2022;
2. Approve the Register of Demands for January 28, 2022 and February 4, 2022.
Item 9.C: Department Activity Reports for January 2022 (All) Recommendation:
Receive reports as information only.
Item 9.D: Termination of the August 11, 2021 Emergency Proclamation; Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
1. Adopt a Resolution:
1. Terminating the local emergency confirmed by City Council on August 12, 2021, and rescinding R-2021-070; and
2. Ratifying expenditures in the amount of $69,849.67 and $327,405.63 to Pacific Petroleum and R. Baker, Inc.,
respectively; and
3. Appropriating related budget adjustments in fiscal year 2022.
2. Receive a report on the remaining active emergency
proclamations.
Legislative Record: Resolution R-2022-007 adopted.
Item 9.E: Bello Bridge Project Budget Appropriations (Fine) Recommendation:
Adopt a Resolution accepting additional grant funds in the amount of $983,826, and appropriating revenues and expenditures in FY 2022 for the Bello Bridge Project.
Legislative Record: Resolution R-2022-008 adopted.
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Approved March 1, 2022
CCM-2022-02-15 Regular
Citv Council Meeting Minutes
February 15, 2022
Item 9.F: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)
Recommendation:
Adopt the following findings with respect to the City of Pismo Beach's utilization of the provisions of Assembly Bill 361, relating to Brown Act teleconferences:
1. The City Council has reconsidered the circumstances of the state of emergency created by the coronavirus pandemic.
2. The following circumstances exist:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
• State or local officials continue to impose or recommend measures to promote social distancing.
10. ITEMS PULLED FROM CONSENT
None.
12. BUSINESS ITEMS
By consensus, this item was reordered and heard prior to Item 11.A.
Item 12.A: Direction on James Way Beautification Project (Fine) Recommendation: Provide staff with direction on how to proceed with a James Way Beautification Project.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Guest presenters:
Bianca Koenig, BEK Collective
Call for public comment:
Staff noted public comment received via email from John Sherwood.
The following commented:
Alaina Stahlman
Earlene Craver Leiionhufvud
wow
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February 15, 2022
Action: Direct staff as follows:
1. Pursue the James Way Beautification Project landscaping option that includes Evergreen Pear trees, Jade plants, Myers Asparagus, and Blue Chalk Sticks as presented in the renderings in staffs report;
2. Return with a cost estimate for repairing the damaged tree wells on the opposite (inland) side of James Way for consideration as a potential project component.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote:
Ayes:
5 Guthrie, Newton, Blake, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 11. PUBLIC HEARINGS
Item 11A: Introduction (First Reading) of Ordinances Effectuating a Local Coastal Plan Amendment and Adding Chapter 17.119 to Title 17 (1983 Coastal Zoning Code) and Section 17.38.145 to Chapter 38 of Title 17 (1998 Non -Coastal Zoning Code) of the Pismo Beach Municipal Code °MMO Regulating Two -Unit Residential Development and Urban Lot Splits in Compliance with Senate Bill 9 and Make a Determination of Exemption Under the California Environmental Quality Act (Downing) Recommendation:
1. Introduce an Ordinance adding Chapter 17.119 Two -Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two -unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA);
2. Introduce an Ordinance adding section 17.38.145 Two -Unit Residential Development and Urban Lot Splits to Chapter 38 of Title 17 (1998 Non - Coastal Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two -unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA).
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
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Public Hearing I Call for public comment: No comment.
Action: Introduce an Ordinance adding Chapter 17.119 Two -Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal *000 Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two -unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA).
Motion: Blake
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes:
5 Blake, Guthrie, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Ordinance 0-2022-XXX introduced.
Action: Introduce an Ordinance adding section 17.38.145 Two -Unit Residential Development and Urban Lot Splits to Chapter 38 of Title 17 (1998 Non -Coastal Zoning Code) of the City of Pismo Beach Municipal Code, relating to urban lot splits and two -unit residential development built in accordance with Senate Bill 9 and making a determination of exemption under the California Environmental Quality Act (CEQA).
Motion: Blake
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes:
5 Blake, Guthrie, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Ordinance 0-2022-XXX introduced.
12. BUSINESS ITEMS
Item 12.A: Direction on James Way Beautification Project (Fine) By consensus, this item was reordered and heard prior to Item 11.A.
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Item 12.13: Risk Management Annual Report (Garcia)
Recommendation: Receive the 2021 Risk Management Annual Report as information.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Guest presenters:
Tim Karcz, California Joint Powers Insurance Authority
Call for public comment: No comment.
Action: No action.
Item 12.C: Consideration of Options for Professional Services Related to Chapman Estate Accessibility and Waterproofing Improvements (Fine) Recommendation: Consider options and provide direction on the Chapman Estate accessibility and waterproofing improvements.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Law James R. Lewis, City Manager
Call for public comment: No comment.
Action:
1. Adopt a Resolution Authorizing the City Manager to Execute Amendment #1 to the Existing Professional Services Agreement with Hunter Smith & Associates, Inc. for Design, Development and Construction Administration for Chapman Estate Improvements in the Amount of $63,750; and Appropriating Related Budget Adjustments;
2. Authorize the City Manager to pursue obtaining a geotechnical analysis of the seawall, bluffs, and sea caves beneath the estate while preparatory work is begun under the Hunter Smith & Associates contract, and return the results to the City Council for consideration before physical construction work is begun.
Motion: Reiss
Second: Blake
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Blake, Guthrie, Newton, Waage
Noes: 0
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Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-009 adopted.
Item 12.D: Remove Censure of Council Member Marcia Guthrie (Waage) Recommendation: Approve a motion to remove the censure of Council Member Marcia Guthrie and other restrictions and restore her Committee Assignments.
Presenting:
Ed Waage, Mayor
Call for public comment: No comment.
Action: Remove the censure of Council Member Marcia Guthrie and other restrictions and restore Council Member Guthrie's Committee Assignments.
Motion: Waage
Second: Newton
Vote: The motion passed on the following vote:
Ayes:
4 Waage, Newton, Blake, Reiss
Noes:
0 Absent:
0 Abstain:
1 Guthrie
Recused:
0 13. CITY COUNCIL COMMENTS AND REQUESTS
No requests.
14. ADJOURNMENT
At 7:36 p.m.
APPRO ErD:/1
IN
Ed Waage, Mayor
ATTEST:
a Inderli Q,.Zty Clerk
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Approved March 1, 2022 CCM-2022-02-15 Regular