PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
` SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
Adopt Minutes of the March 15, 2022 Closed and Regular Meetings.
BACKGROUND:
Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the preparation or adoption of meeting minutes.
ALTERNATIVES:
1. Adopt the minutes with revisions.
2.Decline to adopt the minutes; provide direction or request additional information.
ATTACHMENTS:
1.Draft Minutes from March 15, 2022
Submitted by: Erica Inderlied, City Clerk Meeting Date: April 5, 2022 City Manager Approval:
9.A-1Council Agenda 4-5-2022
DRAFT MINUTES
Pismo Beach City Council
Tuesday, March 15, 2022
Special Closed Session—4:30 p.m.
Administration Conference Room, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special closed session in with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 4:00 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie (via teleconference)
Council Member Scott Newton
Staff Present:
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
2. PUBLIC COMMENT PERIOD
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
9.A-2Council Agenda 4-5-2022
Attachment 1
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.
Item 3.A: Conference with Real Property Negotiators (Government Code §54956.8) Agency Negotiator: James R. Lewis
Property and Negotiating Parties:
APN Address Negotiating Parties
060-541-001 Farroll Road, Grover Beach Anne P. Boukidis Trust 060-541-006 550 Farroll Road, Grover Beach Phyllis E. Blastervold Living Trust 061-112-025 Pacific Boulevard, Oceano Pompa 2 LLC
061-113-019 Pacific Boulevard, Oceano Oceana Waller LLC 061-113-029 1309 Pacific Boulevard, Oceano Fastlaben Family Trust
Under Negotiation: Price and Terms of Payment
Item 3.B: Conference with Labor Negotiators (Government Code §54957.6) Agency designated representatives: James R. Lewis
Employee organization: Service Employees International Union (SEIU)
4. CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above items.
5. ADJOURNMENT
There being no further business, Mayor Waage adjourned the meeting at 5:34 p.m., to the 5:30 p.m. Regular Meeting.
9.A-3Council Agenda 4-5-2022
Attachment 1
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a regular session with Mayor Waage presiding.
CALL TO ORDER: 5:40 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Eddy Moore, Fire Unit Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
9.A-4Council Agenda 4-5-2022
Attachment 1
4. PRESENTATIONS
Item 4.A: Presentation: Introduction of New Employees
Public Works Director Fine introduced Navin “Dino” Anciaux, Regulatory Compliance Officer.
Community Development Director Downing introduced Mason Denning, Community Service Technician.
Tourism and Events Director Jackson introduced Larry Kim, Recreation Coordinator.
Administrative Services Director Feeser introduced Marc Arroyo, Senior Management Analyst.
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
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 4:30 p.m. Closed Session.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Blake: South County Chambers of Commerce Governmental Affairs Committee.
Council Member Newton: San Luis Obispo County Integrated Waste Management Authority (IWMA) Board; Shell Beach Improvement Group (SBIG) Meeting (reported during item 13. City Council Comments and Requests).
Mayor Pro Tem Reiss: Community Action Partnership San Luis Obispo (CAPSLO) Board (reported during item 13. City Council Comments and Requests).
9.A-5Council Agenda 4-5-2022
Attachment 1
Mayor Waage: San Luis Obispo Regional Transit Authority (SLORTA); San Luis Obispo Local Agency Formation Commission (SLO LAFCO); San Luis Obispo County Community Fire Safe Council.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Blake
Second: Reiss
Vote: The motion passed on the following vote (Items 9.A through 9.G):
Ayes: 5 Blake, Reiss, Guthrie, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the January 25, 2022 Special Meeting.
2. Adopt Minutes of the March 1, 2022 Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for February 13, 2022;
2. Approve the Register of Demands for February 18, 2022.
Item 9.C: Department Activity Reports for February 2022 (All)
Recommendation:
Receive reports as information only.
Item 9.D: 2021 General Plan Annual Progress Report (Downing)
Recommendation:
1. Review and accept the 2021 General Plan Annual Progress Report;
2. Direct staff to forward the report to the Governor’s Office of Planning and Research and the Department of Housing and Community Development.
9.A-6Council Agenda 4-5-2022
Attachment 1
Item 9.E: Water Supply Update (Fine)
Recommendation:
No action required; information only.
Item 9.F: Agreement with Applied Technology Group, Inc. for the Public Safety Radio Communications Project (Feeser)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Applied Technology Group, Inc. for radio equipment and services in the amount of $696,619.93 for the Public Safety Radio Communications project; and appropriating related budget adjustments in Fiscal Year 2022.
Legislative Record: Resolution R-2022-016 adopted.
Item 9.G: 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:
• State or local officials continue to impose or recommend measures to promote social distancing.
10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
9.A-7Council Agenda 4-5-2022
Attachment 1
12. BUSINESS ITEMS
Item 12.A: Public Safety Facility Update, Direction, and Amendment #1 to Agreement with Mary McGrath Architects for Professional Services (Garcia)
Recommendation:
1. Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Mary McGrath Architects for Criteria and Bridging Documents for the Police and Fire Safety Facility in the amount of $166,400;
2. Provide additional direction to staff if desired.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Eddy Moore, Fire Unit Chief
Guest presenters:
Jerry Avalos, Vanir Construction Management
Jake Hudson, GHD
Mary McGrath, Mary McGrath Architects
Call for public comment:
The following commented:
Tedd
Action: Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Mary McGrath Architects for Criteria and Bridging Documents for the Police and Fire Safety Facility in the amount of $166,400.
Motion: Blake
Second: Waage
Vote: The motion passed on the following vote:
Ayes: 5 Blake, Waage, Guthrie, Newton, Reiss
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-017 adopted.
9.A-8Council Agenda 4-5-2022
Attachment 1
Action: Consensus in support of providing the following direction to staff:
Return with proposals from the selected Design-Build Entities for both “Option A” (fully integrated facility including a new Fire facility, plus remodeling of and additions to the Police facility) and “Option B” (two separate facilities, including a new Fire facility, plus lesser remodeling of the Police facility), consistent with designs submitted by Mary McGrath Architects, for the Council’s consideration in fall 2022.
In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.B: Award of Contract to Fire Apparatus Solutions for Purchase of Fire Engine and Appropriation of Related Funds (Lee)
Recommendation:
Adopt a Resolution awarding a contract to Fire Apparatus Solutions for the purchase of a Spartan ER Type One Fire Engine in the amount of $797,646.31 and $120,000 in the Motor Vehicle Replacement Fund to support the purchase in Fiscal Year 2022.
Presenting staff:
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution awarding a contract to Fire Apparatus Solutions for the purchase of a Spartan ER Type One Fire Engine in the amount of $797,646.31 and $120,000 in the Motor Vehicle Replacement Fund to support the purchase in Fiscal Year 2022.
Motion: Newton
Second: Blake
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Blake, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-018 adopted.
9.A-9Council Agenda 4-5-2022
Attachment 1
Item 12.C: California Public Employees’ Retirement System (CALPERS) Additional Discretionary Payment of $1.0 Million to Reduce the City’s Unfunded Pension Liability (Feeser)
Recommendation:
Adopt a Resolution appropriating $1.0 million from the General Fund unassigned fund balance to provide additional discretionary payments of $500,000 to each of the City’s CalPERS Miscellaneous and Safety Police Tier 1 plans to reduce the City’s unfunded pension liability.
Presenting staff:
Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution appropriating $1.0 million from the General Fund unassigned fund balance to provide additional discretionary payments of $500,000 to each of the City’s CalPERS Miscellaneous and Safety Police Tier 1 plans to reduce the City’s unfunded pension liability.
Motion: Blake
Second: Newton
Vote: The motion passed on the following vote:
Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-019 adopted.
Item 12.D: Direction on Palisades and Chumash Parks Playground Project (Fine)
Recommendation:
Provide staff with direction on how to proceed with the Palisades and Chumash Parks Playground project.
Presenting staff:
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment: No comment.
9.A-10Council Agenda 4-5-2022
Attachment 1
Action: Consensus in support of providing the following direction to staff:
Proceed with “Option 2” as outlined in staff’s report, including:
• Pursue improvements at Palisades Park, including replacement of play equipment, barbecues, and picnic tables.
• Keep picnic and play areas separated at Palisades Park; return to the Council with revised designs and cost proposals when available. • Make repairs to the poured-in-place soft fall at Chumash Park. • Postpone other improvements at Chumash Park.
Motion: Reiss
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Guthrie, Blake, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.E: Approval of Public Art and Award of Contract to AC Vintage Design for a Painted Mural on Entryways and Side Walls of St. Jude’s Tunnel (Jackson)
Recommendation:
Adopt a Resolution approving a public art proposal for a St. Jude’s Tunnel mural; authorizing the City Manager to enter into an Artist Agreement with AC Vintage Design in the amount of $16,650.00 for creation and installation of a mural at St. Jude’s Tunnel; and appropriating related budget adjustments in Fiscal Year 2022.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution approving a public art proposal for a St. Jude’s Tunnel mural; authorizing the City Manager to enter into an Artist Agreement with AC Vintage Design in the amount of $16,650.00 for creation and installation of a mural at St. Jude’s Tunnel; and appropriating related budget adjustments in Fiscal Year 2022.
Motion: Blake
Second: Newton
9.A-11Council Agenda 4-5-2022
Attachment 1
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: Resolution R-2022-020 adopted.
Action: Consensus in support of directing staff to identify the cost of replacing the chain link fencing in the vicinity of the entrances to St. Jude’s Tunnel and clearing the area of leaf debris; and proceed with the maintenance if the cost is within staff’s purchasing authority and if budget contingency funding is available.
In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.F: Opposition to State Ballot Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act (Lewis)
Recommendation:
Adopt a Resolution to Oppose State Ballot Initiative 21-0042A1, the “Taxpayer Protection and Government Accountability Act.”
Presenting staff:
James R. Lewis, City Manager
Guest presenters:
Dave Mullinax, League of California Cities
Call for public comment: No comment.
Action: Adopt a Resolution to Oppose State Ballot Initiative 21-0042A1, the “Taxpayer Protection and Government Accountability Act.”
Motion: Blake
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 5 Blake, Reiss, Guthrie, Newton, Waage
Noes: 0
9.A-12Council Agenda 4-5-2022
Attachment 1
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-021 adopted.
Item 12.G: Introduction (First Reading) of an Ordinance Adopting a “Military Equipment” Use Policy in Accordance with the Requirements of Assembly Bill 481 (Fleishman)
Recommendation:
Introduce an Ordinance adding Chapter 9.26 Military Equipment Policy to the Pismo Beach Municipal Code.
Presenting staff:
David Fleishman, City Attorney
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.
Action: Introduce an Ordinance adding Chapter 9.26 Military Equipment Policy to the Pismo Beach Municipal Code.
Motion: Blake
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 5 Blake, Reiss, Guthrie, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Ordinance O-2022-XXX introduced.
13. CITY COUNCIL COMMENTS AND REQUESTS
Mayor Pro Tem Reiss reported on upcoming attendance at a Community Action Partnership San Luis Obispo (CAPSLO) Board Meeting.
Council Member Newton reported on recent attendance at Shell Beach Improvement Group (SBIG) Meeting.
9.A-13Council Agenda 4-5-2022
Attachment 1
14. ADJOURNMENT
At 9:10 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
9.A-14Council Agenda 4-5-2022
Attachment 1