AGENDA
Pismo Beach City Council
Tuesday, April 19, 2022
Zoom Meeting ID: 848 2371 5585 - Phone Number (669) 900-6833 Zoom Meeting Link https://us02web.zoom.us/j/84823715585 In-person access: Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, 93449
0. HYBRID MEETING INSTRUCTIONS:
To continue conducting the people’s business within San Luis Obispo County, State of California, and CDC health and safety guidelines, this meeting is being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch this meeting and submit public comment are provided below.
Watch and participate in person:
• Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. Please note that face coverings are required for individuals who are not fully vaccinated; by entering the facility without a mask, you attest that you are fully vaccinated.
• To make public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest.
Watch and participate via Zoom:
• Click this link on any computer or mobile device: https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser.
• To make public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
• Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted. • To make public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Watch online:
• Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream.
Watch on Channel 20:
• Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live. Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment:
• In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the meeting no later than the start of the comment period for your item of interest, written comment may be emailed to [email protected] or hand-delivered to staff in the Council Chamber.
Submit voicemail comment:
• Call 805-773-7005 and leave a voicemail before the meeting; or during the meeting no later than the start of the comment period for your item of interest. This phone number is an automated voicemail line only and will not be answered or monitored for other purposes.
Please note:
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded; these recordings are public record. • Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings; Members of the public may create free Zoom accounts in order to change their screen names via the Zoom software when joining the virtual call.
• Phone numbers of voicemail commenters may be visible in the public record along with transcripts. • Public commenters wishing to display written comment or pictorial exhibit during a comment period must email the materials ahead of the comment period in order to permit display of the materials.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Pismo Beach City Council Agenda April 19, 2022
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449 Zoom Meeting ID: 848 2371 5585 – Phone Number (669) 900-6833
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Blake, Guthrie, Newton
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
Item 4.A: Proclamation: Sexual Assault Action Month (Lumina Alliance)
5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.
However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
6. CITY MANAGER’S REPORT
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
Pismo Beach City Council Agenda April 19, 2022
8. COUNCIL COMMITTEE REPORTS
1. Air Pollution Control District, SLO County (Waage/Newton)
2. California Coastal Coalition Board (Reiss/Blake)
3. California Joint Powers Insurance Authority Board (Reiss)
4. Central Coast Community Energy Policy Board (Mayor)
5. Chapman Estate Foundation Liaison (Reiss)
6. Coastal Cities Group, League of CA Cities (Waage)
7. CAPSLO Board of Directors (Reiss)
8. Conference and Visitors Bureau Board Liaison (Newton)
9. Friends of Price House Liaison (Waage)
10. Hazard Mitigation & Fire Safety (Blake/Waage)
11. Homeless Services Oversight Council (Guthrie)
12. Integrated Waste Management Authority (Newton)
13. Mobile Home Rent Stabilization Subcommittee (Blake/Waage)
14. REACH (formerly EVC) (Blake)
15. Regional Transit Authority, SLO (Waage/Reiss)
16. Shell Beach Improvement Group Liaison (Newton/Reiss)
17. SLOCOG (Waage/Reiss)
18. South County Chambers of Commerce Gov’t Affairs (Blake)
19. Visit SLO CAL Advisory Committee (Newton)
20. Water Resources Advisory Committee, SLO (Guthrie)
21. Zone 3 Water Advisory Committee, SLO (Guthrie)
(Govt Code Section 53232.3)
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the April 5, 2022 Closed and Regular Joint Meetings.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for March 27, 2022.
2. Approve the Register of Demands for March 25, 2022 and April 1, 2022.
Item 9.C: Department Activity Reports for March 2022 (All)
Recommendation:
Receive reports as information only.
Item 9.D: Paid Parking Quarterly Update – Third Quarter of Fiscal Year 2022 (Downing)
Recommendation:
Receive report; information only.
Item 9.E: Amendment #2 to Agreement with SP Maintenance Services, Inc. for Parking Lot and Street Sweeping (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Contract Amendment #2 with SP Maintenance Services, Inc. in the amount of $56,265 per year for two years of parking lot and street sweeping services.
Pismo Beach City Council Agenda April 19, 2022
Item 9.F: Annual City Weed Abatement Program; Declaration of Nuisances (Lee)
Recommendation:
Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the City of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
Item 9.G: Purchase of Two APX 8000 All-Band, Portable Radios from Motorola Solutions for the Fire Department (Feeser)
Recommendation:
Adopt a Resolution authorizing the purchase of two APX 8000 All-Band, portable radios from Motorola Solutions in the amount of $16,550.18 and appropriating $8,545.00 in the Lifeguard Operating Supplies Fund to support the purchase in Fiscal Year 2022.
Item 9.H: 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 measure to promote social distancing.
10. ITEMS PULLED FROM CONSENT CALENDAR
Pismo Beach City Council Agenda April 19, 2022
11. PUBLIC HEARINGS No earlier than 6:00 p.m.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project;
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal;
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired;
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired;
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11.A: General Plan/Local Coastal Program Amendment to the City of Pismo Bach Land Use Element Planning Area ‘E’ (St. Andrews Tract) to Eliminate Development Restrictions Imposed by Policies LU-E-1 ‘a’ and ‘b’; and Adoption of a Negative Declaration (Downing)
Recommendation:
Adopt a Resolution adopting a General Plan/Local Coastal Program Amendment to the City of Pismo Beach Land Use Element Planning Area ‘E’ (St. Andrews Tract) to eliminate development restrictions imposed by Policies LU-E-1 ‘a’ and ‘b’; and adopting a Negative Declaration.
Item 11.B: Appeal of Planning Commission Approval of a Coastal Development Permit to Construct a New Single-Family Residence at 171 Naomi Avenue (P21-000015); the Project is located in the Coastal Appeal Zone and is Appealable to the California Coastal Commission; APN 010-501- 005 (Downing)
Recommendation:
Adopt a Resolution denying the appeals and upholding the March 22, 2022, Planning Commission approval of a Coastal Development Permit (P21- 000015) to demolish an existing single-family residence and construct a new 3,648-square-foot single-family residence at 171 Naomi Avenue, and adopting a Negative Declaration.
Item 11.C: Resolution Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2023: July 1, 2022 Through June 30, 2023 (Feeser)
Recommendation:
1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;
2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2023: July 1, 2022 through June 30, 2023.
Pismo Beach City Council Agenda April 19, 2022
12. BUSINESS ITEMS May be reordered and heard prior to Public Hearings
Item 12.A: Review of Administrative Coastal Development Permit Process (Downing)
Recommendation:
Review Municipal Code provisions regarding Administrative Coastal Development Permits and provide direction to staff if desired.
Item 12.B: Award Construction and Construction Management Contracts to CalPortland Construction, Cannon Corporation, and Pavement Engineering for the 2022 Paving Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to:
1. Award a contract to CalPortland Construction, in the amount of $10,587,902.10 for the construction of the 2022 Paving Project;
2. Enter into a Professional Services Agreement with Cannon Corporation, in the amount of $1,291,907.30 for Construction Management, Inspection, Materials Testing and Administrative Services for the 2022 Paving Project;
3. Enter into a Professional Services Agreement with Pavement Engineering, Inc., in the amount of $252,450 for Engineering Services During Construction of the 2022 Paving Project;
4. Appropriating related budget adjustments.
13. CITY COUNCIL COMMENTS AND REQUESTS
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid virtual format unless otherwise noted:
Meeting Time Date Location
Special Closed
Regular Meeting
11:00 a.m.
5:30 p.m.
Friday, April 22, 2022
Tuesday, May 3, 2022
Council Chamber, City Hall
Council Chamber, City Hall
Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the April 19, 2022 meeting(s) of the Pismo Beach City Council was posted on April 14, 2022, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the
Pismo Beach City Council Agenda April 19, 2022
Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).