G�(Y OA
MINUTES
Pismo Beach City Council
A,sMOB� Tuesday, April 19, 2022
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: 5:30 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tern 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
David Fleishman, City Attorney
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Chad Stoehr, Engineer
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.
PAGE 1 OF 9
Approved May 3, 2022
CCM-2022-04-19 and Regular
City Council Meeting Minutes April 19, 2022
4. PRESENTATIONS
Item 4.A: Proclamation: Sexual Assault Action Month
Presented to Nancy DePue, Lumina Alliance.
5. PUBLIC COMMENT PERIOD
Call for public comment:
The following commented:
David Ferdinandi
Ken Meersand
Shelly Higginbotham
Don Day
6. CITY MANAGER'S REPORT
City Manager Lewis commented on various topics.
7. CITY ATTORNEY'S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman had nothing to report.
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:
League of California Cities Coastal Cities Group; San Luis Obispo County Community Fire Safe Council; San Luis Obispo Local Agency Formation Commission (SLO LAFCO).
The Council commended Recreation Division staff for their work on the Easter Eggstravaganza event.
PAGE 2OF9
Approved May 3, 3022 CCM-2022-04-19 and Regular
Citv Council Meetinq Minutes
1 19, 2022
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.H):
Ayes:
5 Blake, Reiss, Guthrie, Newton, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the April 5, 2022 Closed and Regular Joint Meetings.
Item 9.13: Payroll Register and Register of Demands (Feeser) maw 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 PAGE 3OF9
Approved May 3, 3022 CCM-2022-04-19 and Regular
City Council Meeting Minutes
April 19, 2022
$56,265 per year for two years of parking lot and street sweeping services.
Legislative Record: Resolution R-2022-024 adopted.
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.
Legislative Record: Resolution R-2022-025 adopted.
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.
Legislative Record: Resolution R-2022-026 adopted.
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
None.
PAGE 4OF9
Approved May 3, 3022 CCM-2022-04-19 and Regular
Council Meeting Minutes
April 19, 2022
11. PUBLIC HEARINGS
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) Council Member Newton announced his recusal from Items 11.A and 11.13.
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.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Public Hearing / Call for public comment:
The following spoke:
Frances Romero, Applicant's Representative
Tarren Collins
Stacy Inman
Shelly Higginbotham
Adam Werner
Action: 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.
Motion: Reiss
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes:
3 Reiss, Guthrie, Waage
Noes:
1 Blake
Absent:
0 Abstain:
0 Recused:
1 Newton
Legislative Record: Resolution R-2022-027 adopted.
PAGE 5OF9
Approved May 3, 3022 CCM-2022-04-19 and Regular
City Council Meeting Minutes
ril 19, 2022
Item 11.13: 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.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Appeal Hearing / Call for public comment:
The following spoke:
Frances Romero, Applicant's Representative
Tarren Collins, Appellant
Adam Werner, Appellant
Tedd
Frances Romero, Applicant's Representative
Tarren Collins, Appellant
Adam Werner, Appellant
Action: 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.
Motion: Guthrie
Second: Reiss
Vote: The motion passed on the following vote:
Ayes:
3 Guthrie, Reiss, Waage
Noes:
1 Blake
Absent:
0 Abstain:
0 Recused:
1 Newton
Legislative Record: Resolution R-2022-028 adopted.
PAGE 6OF9
Approved May 3, 3022 CCM-2022-04-19 and Regular
Council Meeting Minutes April 19, 2022
Council Member Newton resumed his seat at the dais.
`., 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.
Presenting staff:
Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager
Public Hearing / Call for public comment:
The following commented:
Shelly Higginbotham
Action: Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2023:
kwom July 1, 2022 through June 30, 2023
Motion: Guthrie
Second: Blake
Vote: The motion passed on the following vote:
Ayes:
5 Guthrie, Blake, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Resolution R-2022-029 adopted.
12. BUSINESS ITEMS
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 �Ww if desired.
PAGE 7OF9
Approved May 3, 3022 CCM-2022-04-19 and Regular
City Council Meeting Minutes April 19, 2022
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Call for public comment: No comment.
Action: No action.
Item 12.113: 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.
e.No
Presenting staff:
Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager
Chad Stoehr, Engineer
Call for public comment:
The following commented:
Tedd
Action: 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.
tmw
PAGE 8OF9
Approved May 3, 3022 CCM-2022-04-19 and Regular
City Council Meeting Minutes
April 19, 2022
I
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: Resolution R-2022-030 adopted.
13. CITY COUNCIL COMMENTS AND REQUESTS
No requests.
14. ADJOURNMENT
At 8:09 p.m.
APPROVED:
Ed Waage, Mayor
ATTEST:
rica Inder ' d, C� Clerk
Approved May 3, 3022
PAGE 9OF9
CCM-2022-04-19 and Regular