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MINUTES
Pismo Beach City Council
Q'SMO BEP'p� Tuesday, October 4, 2022
Special Closed Session-4:00 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 4:00 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:
David Fleishman, City Attorney
James R. Lewis, City Manager
12. 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: Pismo Beach Self Storage LP v. City of Pismo Beach, California Court of Appeal Case # B310289
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Approved October 18, 2022 CCM-2022-10-04 Closed and Regular
City Council Meeting Minutes October 4, 2022
Item 3.6: Conference with Legal Counsel — Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: V. Lopez Jr. & Sons General Engineering Contractors, Inc. v. City of Pismo Beach, San Luis Obispo Superior Court Case # 20CV- 0652
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
At 5:19 p.m., to the 5:30 p.m. Regular Meeting.
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1 Regular Meeting-5:30 p.m.
Council Chamber, City Hall, 760 Mettle 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
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
Erica Inderlied, City Clerk
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Reiss led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
Item 4.A: Proclamation: Dating and Domestic Violence Action Month (Lumina Alliance)
Presented to Kristina Forrester, Lumina Alliance.
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Approved October 18, 2022 CCM-2022-10-04 Closed and Regular
Council Meetina Minutes October 4. 2022
Item 4.13: Presentation: Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting - Annual Comprehensive Financial Report (ACFR) (Mayor) i Presented to Vanessa Garris, Finance Manager, and Nadia Feeser, Administrative Services Director.
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
6. CITY MANAGER'S REPORT
City Manager Lewis commented on various topics; clarified that staffs recommended action on Item 9.1, Appointment of Jack Krasner to the Parking Advisory Committee, was that the Council appoint Krasner to the Parking Advisory Committee for a partial term ending February 28, 2023.
7. CITY ATTORNEY'S REPORT / CLOSED SESSION REPORT
City Attorney Fleishman reported that the Council had taken no reportable action during its 4:00 p.m. Closed Session.
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 Board / Lodging Business Improvement District Advisory Board.
Regional Economic Action Coalition (REACH).
Mayor Waage:
San Luis Obispo Council of Governments (SLOCOG)
Friends of Price House Board.
19. CONSENT CALENDAR I
Call for public comment:
Janna Nichols commented on Item 9.E
Stacy Inman commented on Item 9.K.
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Approved October 18, 2022 CCM-2022-10-04 Closed and Regular
City Council Meeting Minutes
1 Action: Adopt Consent Calendar,
Motion: Reiss
Second: Blake
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Vote: The motion passed on the following vote (Items 9.A through 9.K; Item 91) Ayes:
5 Reiss, Blake, Guthrie, Newton, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Vote: The motion passed on the following vote (Item 9.K) Ayes:
4 Reiss, Blake, Guthrie, Waage
Noes:
0 Absent:
0 Abstain:
1 Newton
Recused:
0 Item 9.A: Adoption of Meeting Minutes (Inderiied)
Recommendation:
Adopt Minutes of the September 20, 2022 Closed and Regular Meetings.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for August 16, 2020;
2. Approve the Register of Demands for August 14, 2020.
Item 9.C: Monthly Investment Transaction Report of the City's Cash and Investments for August 2022 of FY 2022-2023 (Feeser)
Recommendation: No action required; information only.
Item 9.D: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation: No action required; information only.
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Approved October 18, 2022 CCM-2022-10-04 Closed and Regular
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Item 9.E: Agreement with the County of San Luis Obispo for Joint Participation in the Permanent Local Housing Allocation (PLHA) Funding Program (Downing)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with the County of San Luis Obispo for joint participation in the Permanent Local Housing Allocation funding program for Fiscal Years 2020 through 2025.
Legislative Record: Resolution R-2022-082 adopted.
Item 9.F: Purchase of Two Replacement Police Department Motorcycles (Fine)
Recommendation:
Adopt a Resolution authorizing the purchase of two replacement Police Department motorcycles in the amount of $65,437.42 in Fiscal Year2023.
Legislative Record: Resolution R-2022-083 adopted.
Item 9.G: Award of Contract to Industrial Design Research, Inc. for the Purchase of a Lifeguard Tower (Lee)
Recommendation:
Adopt a Resolution awarding a contract for the purchase of a Surveyor SR Lifeguard Tower to Industrial Design Research, Inc. in the amount of $57,916.78 and appropriating related budget adjustments in Fiscal Year 2023.
Legislative Record: Resolution R-2022-084 adopted.
Item 9.1-1: Final Map and Subdivision Improvement Agreement for Parcel Map P1321-0032, 478 Hinds Avenue (Fine)
Recommendation:
Adopt a Resolution approving the Final Map and Subdivision Improvement Agreement for Parcel Map P1321-0032, 478 Hinds Avenue.
Legislative Record: Resolution R-2022-085 adopted
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Item 9.1:
Appointment of Jack Krasner to the Parking Advisory
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Committee (Inderlied)
Recommendation:
Provide direction to staff on the appointment of Jack Krasner to the Parking Advisory Committee, for a membership term ending February 28, 2023.
Item 9.J:
Cash for Grass Water Conservation Incentive Program (Fine) Recommendation:
Adopt a Resolution increasing the rebate for the "Cash for Grass" water conservation rebate incentive program to $2.00 per square foot of grass replaced with drought tolerant landscaping or artificial turf.
Legislative Record: Resolution R-2022-086 adopted.
Item 9.K:
Settlement AgreemenUAmendment to Water Pre -Sale
Agreement with Central Coast Development Company
(Fleishman)
Recommendation:
Adopt a Resolution approving a Settlement Agreement/Amendment to Agreement for Pre -Sale of State Water, and authorizing the City Manager to execute the Agreement on behalf of the City.
Legislative Record: Resolution R-2022-087 adopted.
Item 9.L:
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
1 None,
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11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Joint Powers Agreement to Establish the Central Coast Blue Joint Powers Authority (Fleishman)
Recommendation:
Adopt a Resolution approving a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority, and authorizing the Mayor to execute the Agreement on behalf of the City.
Presenting staff:
David Fleishman, City Attorney
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution approving a Joint Exercise of Powers Agreement Creating the Central Coast Blue Regional Recycled Water Authority, and authorizing the Mayor to execute the Agreement on behalf of the City.
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-2022-088 adopted.
Item 12.13: Plan for Enhanced Community Cleanliness (Fine) Recommendation:
Adopt a Resolution authorizing the creation of two additional Maintenance Worker I positions and the purchase of an electric utility truck, and appropriating related budget adjustments in Fiscal Year (FY) 2023.
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City Council Meeting Minutes October 4, 2022
1 Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment
Tedd commented.
Action: Adopt a Resolution authorizing the creation of two additional Maintenance Worker I positions and the purchase of an electric utility truck, and appropriating related budget adjustments in Fiscal Year (FY) 2023.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Guthrie, Blake, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-089 adopted
Item 12.C: Police Department Semi -Annual Update (Smith) Recommendation: Receive Police Department Semi -Annual Update Presenting staff:
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.
Action: No action.
13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus among a majority of the Council to direct staff to return with more information about the Facade Improvement Program. Consensus among a majority of the Council to direct staff to return with more information about the City's sidewalk development policies, for possible action.
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Approved October 18, 2022 CCM-2022-10-04 Closed and Regular
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14. ADJOURNMENT
At 7:08 p.m. t
APP VED: ATTEST -
Ed Waage, Mayor Eri edprilytierk
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Approved October 18, 2022 CCM-2022-10-04 Closed and Regular