PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.A
`
SUBJECT/TITLE:
ADOPTION OF MEETING MINUTES
RECOMMENDATION:
1. Adopt Minutes of the February 14, 2022 Closed Session;
2. Adopt Minutes of the February 23, 2022 Closed Session;
3. Adopt Minutes of the April 19, 2022 Regular Meeting.
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. Minutes of the February 14, 2022 Closed Session
2. Minutes of the February 23, 2022 Closed Session
3. Minutes of the April 19, 2022 Regular Meeting
Submitted by: Erica Inderlied, City Clerk Meeting Date: May 3, 2022
City Manager Approval:
9.A-1Council Agenda 5-3-2022
DRAFT MINUTES
Pismo Beach City Council
Tuesday, February 14, 2022
Special Closed Session—12:00 p.m.
Meeting Held Virtually
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 12:00 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)
Staff Present:
Matt Downing, Community Development Director (via teleconference) Jorge Garcia, Assistant City Manager (via teleconference) David Fleishman, City Attorney (via teleconference)
James R. Lewis, City Manager (via teleconference)
2.PUBLIC COMMENT PERIOD
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
3.ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: Conference with Labor Negotiators (Government Code §54957.6) Agency designated representatives: James R. Lewis
Employee organization: Service Employees International Union (SEIU) and Pismo Beach Police Officers Association (POA)
Unrepresented Employees: All Unrepresented Employees
Attachment 1
9.A-2Council Agenda 5-3-2022
Item 3.B: Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code §54956.9: One potential case
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 1:26 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 1
9.A-3Council Agenda 5-3-2022
DRAFT MINUTES
Pismo Beach City Council
Tuesday, February 23, 2022
Special Closed Session—9:30 a.m.
Meeting Held Virtually
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 9:31 a.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)
Staff Present:
Benjamin Fine, Public Works Director/City Engineer (via teleconference) Jorge Garcia, Assistant City Manager (via teleconference) David Fleishman, City Attorney (via teleconference)
James R. Lewis, City Manager (via teleconference)
2. PUBLIC COMMENT PERIOD
Mayor Waage called for public comment. There being no one wishing to comment, Mayor Waage closed the public comment period.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: Two potential cases
Attachment 2
9.A-4Council Agenda 5-3-2022
Item 3.B: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case:
1. San Luis Obispo Local Agency Formation Commission et al. v. City of Pismo Beach et al. (2d Civ. No. B296968 / San Luis Obispo County Superior Court Case CV130383)
2. City of Pismo Beach v. SDRMA, California Court of Appeal, Second Appellate District, Division 6; Case No. B304144
3. Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. Santa Clara County Superior Court Case No. 1-97-CV-770214
Item 3.C: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case:
• Dominguez v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 20CV-0616
• McCartney v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 20CV-0576
• Rodman v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 21CV-0324
• Hayden v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 21CV-0325
• Brinkerhoff v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 21CV-0710
• Diaz v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 21CV-0701
• Franzen v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 22CV-0061
• Huerta v. Universal Precast Concrete et al. San Luis Obispo Superior Court Case No. 22CV-0062
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 10:40 a.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 2
9.A-5Council Agenda 5-3-2022
DRAFT MINUTES
Pismo Beach City Council
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 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
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.
Attachment 3
9.A-6Council Agenda 5-3-2022
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.
Attachment 3
9.A-7Council Agenda 5-3-2022
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.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 Attachment 3
9.A-8Council Agenda 5-3-2022
$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.
Attachment 3
9.A-9Council Agenda 5-3-2022
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.B.
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.
Attachment 3
9.A-10Council Agenda 5-3-2022
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.
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.
Attachment 3
9.A-11Council Agenda 5-3-2022
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:
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 if desired.
Attachment 3
9.A-12Council Agenda 5-3-2022
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Call for public comment: No comment.
Action: No action.
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.
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.
Attachment 3
9.A-13Council Agenda 5-3-2022
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: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Attachment 3
9.A-14Council Agenda 5-3-2022