MINUTES
Pismo Beach City Council
Tuesday, June 21, 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: 5:30 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) 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
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was not conducted.
3. ACCEPTANCE OF AGENDA
Consensus among a majority of the Council to reorder Item 12.G, Agreement with AmpSurf for the Title Sponsorship of the 2022 ISA World Para Surfing Championship, to be heard prior to Item 12.A.
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4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
Call for public comment:
Jeff Edwards spoke.
Eric Daniels, PG&E, spoke.
6. CITY MANAGER'S REPORT
City Manager Lewis commented on various topics.
7-
CITY ATTORNEY'S REPORT / CLOSED SESSION REPORT
None.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Newton:
Pismo Beach Conference and Visitors Bureau (CVB) / Lodging Business Improvement District (LBID) Board.
Mayor Waage:
Central Coast Community Energy (3CE) Policy Board.
,9.
CONSENT CALENDAR
Call for public comment:
Jeff Edwards spoke.
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.1):
Ayes: 5 Guthrie, Newton, Blake, Reiss, Waage
Noes: 0
Absent: 0
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Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes from June 7, 2022 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for June 5, 2022;
2. Approve the Register of Demands for May 20, 2022 and May 27, 2022.
Item 9.C: Department Activity Reports for May 2022 (All) Recommendation:
Receive reports as information only.
Item 9.D: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Item 9.E:
Recommendation:
No action required, information only.
Proposition 1 Groundwater Grant Program Funding Agreement with the State Water Resources Control Board and Designation of Representatives for Central Coast Blue (Fine)
Recommendation:
Adopt a Resolution authorizing staff to enter into a Proposition 1 Groundwater Grant Program funding agreement with the State Water Resources Control Board and authorizing and designating representatives for Central Coast Blue.
Legislative Record: Resolution R-2022-057 adopted.
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Item 9.F: Award of Contract to Engel & Gray, Inc. for Biosolids Composting (Fine)
Recommendation:
Adopt a Resolution authorizing the exemption from formal bidding procedures and authorizing the City Manager to enter into a Professional Services Agreement with Engel & Gray, Inc. in the amount of $130,000 per year for three years.
Legislative Record: Resolution R-2022-058 adopted.
Item 9.G: Agreement with Ellison Schneider Harris & Donlan LLP for Legal Services (Fleishman)
Item 9.H:
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an Agreement with Ellison Schneider Harris & Donlan, LLC to provide water law legal services.
Legislative Record: Resolution R-2022-059 adopted.
Revised San Luis Obispo County Integrated Waste Management Authority (IWMA) Second Amended and Restated Joint Powers Agreement (Lewis)
Recommendation:
Adopt a Resolution authorizing the Mayor to execute the revised Second Amended and Restated Joint Powers Agreement to
establish an Integrated Waste Management Authority for the cities of San Luis Obispo County, California.
Legislative Record: Resolution R-2022-060 adopted.
Item 9.1: 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.
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10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
Item 11.A: Protest Hearing for Declaration of Properties as Non -Compliant for Weed and Rubbish Abatement (Lee)
Recommendation:
Conduct a public hearing to hear protests from property owners whose properties have been identified as non -compliant for weed abatement.
Presenting staff:
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Public Hearing / Call for public comment: No comment.
Action: No action.
12. BUSINESS ITEMS
Item 12.G: Agreement with AmpSurf for the Title Sponsorship of the 2022 ISA World Para Surfing Championship (Jackson)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with the Association of Amputee Surfers for the Title Sponsorship of the 2022 ISA World Para Surfing Championships, in an amount not to exceed $175,400, and appropriating related budget adjustments in Fiscal Year 2023.
Presenting staff:
Gordon Jackson, Director of Tourism and Events
James R. Lewis, City Manager
Call for public comment:
Dana Cummings, AmpSurf, commented.
Phyllis Borba commented.
Action: Adopt a Resolution authorizing the City Manager to enter into an agreement with the Association of Amputee Surfers for the Title Sponsorship of the 2022 ISA World Para Surfing Championships, in an PAGE 5 OF 12
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amount not to exceed $175,400, and appropriating related budget adjustments in Fiscal Year 2023.
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-2022-065 adopted.
Item 12.A: Short -Term Rental Regulations and Enforcement (Downing) Recommendation:
1. Receive a report and provide direction to staff on potential changes to the City's Short -Term Rental regulations.
2. Should changes to the Short -Term Rental regulations be desired, adopt an Urgency Ordinance imposing a moratorium on the issuance of Short - Term Rental licenses pursuant to Government Code Section 65858.
Presenting staff:
Matt Downing, Community Development Director
David Fleishman, City Attorney
James R. Lewis, City Manager
Call for public comment:
Stacy Inman commented.
Bernie Rinqer-Britz commented
Action: Consensus in support of providing the following direction to staff:
Study options for revising the City's short-term rental regulations and return to the Council with a report on recommended changes, including the following possible provisions for consideration:
• A requirement that the property owner must reside there for a defined period of time before a short-term rental license application will be accepted for the property.
• Constraints on the timeframe during which trash from the property may be put out on the curb for pickup.
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• A period of time following a citation or license revocation for illegal operation of a short-term rental during which the property owner is ineligible to reapply for a new short-term rental license. • Stronger penalties for property owners who are found to have misrepresented their actual place of residency for purposes of a short- term rental application.
• Enhanced notification to surrounding properties when a short-term rental license has been applied for, with the opportunity for surrounding property owners to provide comment on the application.
• Imposing larger fines and more strict enforcement practices, to the extent legally feasible.
• Implementing a cap on the total number of short-term rentals that may be licensed at any one time, calculated as a percentage of the total number of single-family housing units in the city.
• Expansion of the types of proof required in order to establish the property owner's actual place of residency.
In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Action: Adopt an Urgency Ordinance imposing a moratorium on the issuance of Short -Term Rental licenses pursuant to Government Code Section 65858.
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: Urgency Ordinance 0-2022-005 adopted.
Item 12.B: Highway 1/Dolliver Street Relinquishment and Sidewalk Update (Fine) Recommendation:
Receive an update on the relinquishment process and provide staff direction on how to proceed with respect to sidewalk gaps on Mattie Road and Dolliver Street.
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Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:
Jeff Reynolds spoke.
Action: Consensus in support of providing the following direction to staff:
1. Missing sidewalk "Segment B" (Mattie Road from Foothill Road to the Pismo Preserve): Take no action at this time.
2. Missing sidewalk "Segment C" (Mattie Road from north of Tract 2295 to Spyglass Drive): Discuss with Caltrans the feasibility of designing its upcoming Five Cities Multimodal Transportation Network Enhancement Project in such a way that would allow for the shifting of the north end of Mattie Road to accommodate the eventual addition of sidewalks along the north and east sides of this segment of roadway; and evaluate the fiscal and logistical impacts on the existing 2022 Paving Project.
3. Missing sidewalk "Segment D" (Highway 1 at various locations from Ira Lease Park to the Butterfly Grove): Pursue the installation of sidewalk along the inland side of Highway 1 between Frady Lane and Paseo Drive, effectuating the work in the most cost-effective manner identified by staff, possibly including a change order with the existing contractor for the 2022 Paving Project, and returning to the Council for further authorization if needed.
In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.C: Amendment of the City's Classification Plan to Include Four New Classifications and Update Two Existing Job Classifications; Appropriation of Funds as Required to Cover Ongoing Costs of Five Additional Full -Time Positions (Garcia)
Recommendation:
Adopt a Resolution amending the City's Classification Plan to include four new full-time job classifications, updating existing classifications for Utility Manager and Facilities Manager, and appropriating funds to cover ongoing costs for five full-time positions effective June 21, 2022.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
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CaII for public comment: No comment.
Action: Adopt a Resolution amending the City's Classification Plan to include four new full-time job classifications, updating existing classifications for Utility Manager and Facilities Manager, and appropriating funds to cover ongoing costs for five full-time positions effective June 21, 2022.
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
Legislative Record: Resolution R-2022-061 adopted.
Item 12.D: Memorandum of Understanding Between the Pismo Beach Service Employees International Union Local 620 (SEIU) and the City of Pismo Beach (Garcia)
Recommendation:
Adopt a Resolution approving a new three-year Successor Memorandum of Understanding (MOU) with the Service Employees International Union Local 620 (SEIU) for Fiscal Years 2023, 2024, and 2025, and appropriating funds as required to cover costs.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution approving a new three-year Successor Memorandum of Understanding (MOU) with the Service Employees International Union Local 620 (SEIU) for Fiscal Years 2023, 2024, and 2025, and appropriating funds as required to cover costs.
Motion: Waage
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 5 Waage, Reiss, Blake, Guthrie, Newton
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Item 12.E:
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-062 adopted.
Three -Year Resolution Establishing Wages and Benefits for Full -Time Non -Represented Employees; Resolution Establishing Salary Schedule for Part -Time Employees (Garcia)
Recommendation:
1. Adopt a Resolution approving salaries and benefits for a three-year term (Fiscal Years 2023, 2024, and 2025) for non -represented full-time City employees and appropriating funds as required to cover costs;
2. Adopt a Resolution approving salary schedules for non -represented part-time City employees and appropriating funds as required to cover costs; and
3. Approve the updated Combined Salary Schedule.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution approving salaries and benefits for a three-year term (Fiscal Years 2023, 2024, and 2025) for non -represented full-time City employees and appropriating funds as required to cover costs.
Motion: Reiss
Second: Blake
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Blake, Guthrie, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-063 adopted.
Action: Adopt a Resolution approving salary schedules for non - represented part-time City employees and appropriating funds as required to cover costs.
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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-2022-064 adopted.
Action: Approve the updated Combined Salary Schedule.
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
Item 12.F: Review of Council Expense Reimbursement and Compensation Practices (Garcia)
Recommendation:
Receive a report on the City's practices with respect to expense reimbursement and compensation for City Council Members, and provide direction if desired.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Call for public comment:
Tedd commented.
Action: Consensus among a majority of the Council to provide the following direction to staff:
1. Return with an amendment to City's reimbursement policies to reflect a single "miscellaneous" expense reimbursement category for Council Members with a monthly combined limit of $95.
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2. Return with a policy for the Council's consideration that would enact the option of for Council Members to receive a monthly automobile allowance in the amount of $100 per month.
Action: Direct staff to return at the next available meeting with the first reading of an ordinance that would, if adopted, increase the monthly salary paid to Council Members by 20%, for a total of $926.64 per month.
In support: 3 Guthrie, Newton, Reiss
In opposition: 2 Blake, Waage
Absent: 0
Abstain: 0
Recused: 0
Item 12.G: Agreement with AmpSurf for the Title Sponsorship of the 2022 ISA World Para Surfing Championship (Jackson)
This item was reordered and heard prior to Item 12.A.
13. CITY COUNCIL COMMENTS AND REQUESTS
None.
14. ADJOURNMENT
At 8:05 p.m.
APPROVED: ww
Ed Waage, Mayo
ATTEST:
nderlie u' . Ci Clerk
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