MINUTES
Pismo Beach City Council
Tuesday, September 20, 2022
Special Closed Session-5:00 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 with Mayor Waage presiding.
CALL TO ORDER: Mayor Waage called the meeting to order at 5:00 p.m.
1. ROLL CALL:
1 Present:
Mayor Ed Waage
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Absent:
Council Member Scott Newton
Staff Present:
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.
Item 3.A:
Conference with Legal Counsel — Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: City of Pismo Beach vs. Pacific Harbor Homes Inc. / San Luis Obispo Superior Court Case No. 15CV-0627
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.
Approved October 4, 2022
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CCM-2022-09-20 Closed and Regular
City Council Meeting Minutes September 20, 2022
5. ADJOURNMENT
At 5:34 p.m., to the 5:30 p.m. Regular Meeting.
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Approved October 4, 2022 CCM-2022-09-20 Closed and Regular
City Council Meeting Minutes
September 20, 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: 5:40 p.m.
1. ROLL CALL:
Present:
Mayor Ed Waage
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
Absent:
None
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 lnderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion 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.
4. PRESENTATIONS
Item 4.A: Proclamation: National Hispanic Heritage Month (Latino Outreach Council)
Presented to Jacqueline del Valle Frederick and CR Lara, Latino Outreach Council.
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5. PUBLIC COMMENT PERIOD
Call for public comment:
Steve Norwood commented.
Kama Lopez commented.
Sean Corpuel commented.
Misa Perez commented.
Darice Rahbar commented.
Jeanette Vierra commented.
Susan Steck commented.
Kevin Kreowski commented.
Don Day commented.
Nathan Lengsrichaem commented.
6. CITY MANAGER'S REPORT
Assistant City Manager Garcia 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 5:00 p.m. Closed Session.
�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.
Pismo Beach Conference and Visitors Bureau (CVB) Board / LBID Advisory Board.
Mayor Waage:
San Luis Obispo County Community Fire Safe Council.
Central Coast Community Energy (3CE) Board.
League of California Cities Coastal Cities Group, Sea Level Rise Working Group.
San Luis Obispo County Air Pollution Control District (APCD).
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Approved October 4, 2022 CCM-2022-09-20 Closed and Regular
City Council Meeting Minutes September 20, 2022
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Blake
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.F):
Ayes: 5 Blake, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the September 6, 2022 Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
Approve the Register of Demands for August 19, 2022.
Item 9.C: Department Activity Reports for August 2022 (All) Recommendation: Receive reports as information only.
Item 9.D: Monthly Investment Transaction Report of the City's Cash and Investments for July 2022 of FY 2022-2023 (Feeser)
Recommendation: No action required; information only.
Item 9.E: Biennial Conflict of Interest Code Update (Inderlied) Recommendation: Adopt a Resolution adopting a revised Conflict of Interest Code; rescinding Resolution No. R-2020-076.
Legislative Record: Resolution R-2022-080 adopted.
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City Council Meeting Minutes September 20, 2022
Item 9.F: 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:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Water Supply Update (Fine)
Recommendation:
1. Receive an update on the City's water supply; and
2. Discuss water conservation rebates and provide staff with direction on how to proceed.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
Call for public comment:
Brad Snook commented.
Cynthia Replogle commented.
Tedd commented.
Action: Consensus to provide the following direction to staff:
1. Continue to find ways to enhance communication to the community about good water conservation habits.
2. Continue to find ways to partner with the lodging community to reduce lodging properties' water use;
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3. Return at the next available meeting with an agenda item increasing the Cash4Grass incentive program rebate to $2 per square foot of turf removed.
In support: 5 Blake, Guthrie, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.B: Zone 3 Contract Revisions (Fine)
Recommendation: Adopt a Resolution authorizing the Mayor to execute an Amended and Restated Water Supply Contract with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
Call for public comment: No comment.
Action: Adopt a Resolution authorizing the Mayor to execute an Amended and Restated Water Supply Contract with the County of San Luis Obispo Flood Control and Water Conservation District, Zone 3.
Motion: Newton
Second: Reiss
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Reiss, Blake, Guthrie, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-081 adopted.
Item 12.C: Code Compliance Update And Direction (Downing) Recommendation:
Receive a report from staff on current Code Compliance practices and provide direction on the following policy items:
1. Enforcement priorities for Code Compliance cases.
2. Types of violations that should be pursued on a proactive basis, versus a complaint basis.
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3. Preferred approach to collecting unpaid fines associated with Code Compliance cases.
4. Dollar amount threshold, and other factors, that determine whether collections activities should be pursued.
Presenting staff:
Matt Downing, Community Development Director
Jorge Garcia, Assistant City Manager
Ian Livingston, Building Official
Call for public comment:
Don Day commented.
Action: Consensus to provide the following direction to staff:
1. Prioritize the investigation of apparent code violations in the following order:
• Substandard buildings and immediate life safety concerns; • Short-term rental (STR) permit complaints and unpermitted STR operations identified through the active monitoring program; • Active unpermitted construction;
• Sign violations;
• Other complaint -driven issues.
2. Undertake proactive enforcement activities relating to unpermitted STR operation, active unpermitted construction, off -site signage and banners, and substandard buildings presenting a health and safety risk.
Undertake complaint -based enforcement activity, and require an official complaint in writing, complete with contact information, for the remainder of cases.
3. Utilize the City Attorney's office to seek payment for citations with unpaid fines that are more than 30 days overdue. Utilize a third -party collection agency for fines that remain unpaid 30 days after the City Attorney's contact.
4. Pursue collections activities only for citations/cases totaling more than $500.
Pursuant to PBMC Subsection 1.24.020.C., grant the City Manager the discretion to adjust or waive up to $250 in fines in cases where compliance has been achieved or is underway.
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13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus to agendize consideration of the appointment of Jack Krasner to the Parking Advisory Committee for the next available meeting.
Consensus to direct staff to return with an agenda item within approximately 45 to 60 days to provide the Council with more information about potentially hiring a consultant to conduct a study regarding the feasibility of a permanent outdoor dining program and/or conversion of Pomeroy Avenue to a pedestrian promenade.
Consensus to refer public input regarding safety concerns relating to Shell Beach Streetscape pathway to the Traffic Safety Committee (TSC) for consideration.
14. ADJOURNMENT
At 8:12 p.m.
APPROVED:
C' way
Ed Waage, Mayor v
ATTEST:
jca1nderlie(, y Clerk
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Approved October 4, 2022 CCM-2022-09-20 Closed and Regular