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MINUTES
Pismo Beach City Council
Q•sMoseP�s Tuesday, November 1, 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:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie (via teleconference)
Council Member Scott Newton
Staff Present:
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
James R. Lewis, City Manager
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage 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) Case Name Unspecified: Disclosure would jeopardize existing settlement negotiations
Item 3.6: 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
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Approved November 15, 2022 CCM-2022-1 1 -01 Closed and Regular
City Council Meeting Minutes November 1, 2022
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 5:27 p.m.
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I
Council Meeting Minutes
November 1. 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
Benjamin Fine, Public Works Director/City Engineer
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
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
None.
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Approved November 15, 2022 CCM-2022-11-01 Closed and Regular
Council Meeting Minutes
November 1, 2022
5. PUBLIC COMMENT PERIOD
Call for public comment:
Steven West spoke.
6. CITY MANAGER'S REPORT
City Manager Lewis 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:
Mayor Waage:
San Luis Obispo Regional Transit Authority (SLORTA).
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.D; Items 9.F through
9.H):
Ayes:
5 Guthrie, Newton, Blake, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Vote: The motion passed on the following vote (Item 9.E) Ayes:
4 Guthrie, Newton, Reiss, Waage
Noes:
1 Blake
Absent:
0 Abstain:
0 Recused:
0 PAGE 4 OF 10
Approved November 15, 2022
CCM-2022-1 1 -01 Closed and Regular
Council Meeting Minutes November 1, 2022
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the October 18, 2022 and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for October 9, 2022;
2. Approve the Register of Demands for October 7, 2022 and October 14. 2022.
Item 9.C: Purchase of Eight Parking Pay Stations from IPS Group (Smith) Recommendation:
Adopt a Resolution authorizing the purchase of eight replacement parking pay stations from IPS Group in the amount of $68,915.37 in Fiscal Year 2023.
Legislative Record: Resolution R-2022-092 adopted.
Item 9.D: Purchase of Ten Mobile License Plate Recognition Cameras from Vigilant Solutions (Smith)
i Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Vigilant Solutions for the purchase of ten Mobile License Plate Recognition Cameras for a total cost of $119,943.75 over a five-year period.
Legislative Record: Resolution R-2022-093 adopted.
Item 9.E: Contract with San Luis Obispo County for Animal Care and Control Services for Fiscal Years 2023-2025 (Smith)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a three- year contract with the County of San Luis Obispo for Animal Care and Control Services from July 1, 2022 to June 30, 2025.
Legislative Record: Resolution R-2022-094 adopted.
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Item 9.F:
Item 9.G:
Item 9.H:
New Water Conservation Incentive Programs (Fine)
Recommendation:
Adopt a Resolution establishing the Hot Water Recirculation Pump Rebate, Washing Machine Rebate, Rain Barrel Rebate, and Smart Irrigation Controller Rebate programs.
Legislative Record: Resolution R-2022-095 adopted.
Contract with Alexander's Contract Services, Inc. to Provide Water Meter Reading Services (Feeser)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with Alexander's Contract Services, Inc. to provide water meter reading services from December 1, 2022 to November 30, 2027.
Legislative Record: Resolution R-2022-096 adopted.
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.
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Approved November 15, 2022 CCM-2022-1 1 -01 Closed and Regular
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12. BUSINESS ITEMS
Item 12.A: 2022 Paving Project Update (Fine)
Recommendation:
No action required; information only.
Presenting staff:
James R. Lewis, City Manager
Chad Stoehr, Engineer
Call for public comment: No comment.
Action: No action.
Item 12.13: Facade Improvement Rebate Program (Downing) November 1, 2022
Recommendation:
Receive a report on the City's existing Facade Improvement Rebate Program and provide direction to staff on how to publicize the program, and whether modifications are desired.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Consensus in support of directing staff to expand the current Facade Improvement Program to include all commercial areas of the city, with redesigned and clarified program informational materials for the public.
In support:
5 Blake, Guthrie, Newton, Reiss, Waage
In opposition:
0 Absent:
0 Abstain:
0 Recused:
0 PAGE 7 OF 10
Approved November 15, 2022 CCM-2022-1 1 -01 Closed and Regular
City Council Meeting Minutes November 1, 2022
Item 12.C: Residential Sidewalk Development Policy (Fine) Recommendation:
Provide staff with direction on potential modifications to the current residential sidewalk development policy.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Provide the following direction to staff:
Return during goal -setting for the Fiscal Year 2024 & 2025 budget cycle with a workplan to fund a study to evaluate right-of-way width and sidewalk feasibility for residential streets citywide.
Until such time that a study is conducted and/orfurther Council policy is enacted, implement the following direction:
A. Require the project applicant to develop sidewalk, constructed to City standards, along the street frontage of a parcel for development projects involving:
i. New residential construction requiring a building
permit, including tear -down and rebuilds.
ii. The cumulative remodel and/or addition of 50% or
more of the floor area of a residential structure.
B. Exclude Accessory Dwelling Units (ADUs) from the definition of new construction, and exclude ADUs when calculating the percentage of remodel or addition work being performed, for purposes of determining whether sidewalk is required.
C. Do not require such sidewalk development where the street width does not permit the development of sidewalk.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
5 Newton, Guthrie, Blake, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
Recused:
0 0
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Approved November 15, 2022 CCM-2022-1 1 -01 Closed and Regular
Council Meeting Minutes November 1, 2022
Item 12.13: Introduction (First Reading) of an Ordinance that Adopts by Reference and Amends the Latest Editions of the Constituent Codes of the California Building Standards Code, Makes Findings of Fact to Support the Amendments, and Makes a Determination of Exemption Under the California Environmental Quality Act (Downing) Recommendation:
1. Introduce an Ordinance amending Titles 8 and 15, Chapters 8.04, 8.08,
15.04, and 15.08 of the Pismo Beach Municipal Code; adopting by reference codes comprising the 2022 California Building Standards Code (California Code of Regulations, Title 24, Parts 1-12), including the California Fire Code (2022 Edition, incorporating and amending the 2021 International Fire Code); the California Building Code Volumes 1 and 2 (2022 Edition, incorporating and amending the 2021 International Building Code), the California Residential Code (2022 Edition, incorporating and amending the 2021 International Residential Code), the California Electrical Code (2022 Edition, incorporating and amending the 2020 National Electrical Code), the California Mechanical Code (2022 Edition, incorporating and amending the 2021 Uniform Mechanical Code, the California Plumbing Code (2022 Edition, incorporating and amending the 2021 Uniform Plumbing Code), the California Energy Code (2022 Edition), the California Historical Building Code (2022 Edition), the California Green Building Standards Code (2022 Edition), and the 2021 International Property Maintenance Code together with certain amendments thereto; adopting findings of facts to support the imposition of requirements other than those of the California Building Standards Code, and making a determination of exemption under CEQA;
2. Schedule a public hearing and second reading (adoption) of the above - referenced Ordinance for November 15, 2022, pursuant to Government Code Section 50022.3.
Presenting staff:
Matt Downing, Community Development Director
Ian Livingston, Building Official
James R. Lewis, City Manager
Call for public comment: No comment.
Action:
Introduce an Ordinance amending Titles 8 and 15, Chapters 8.04, 8.08,
15.04, and 15.08 of the Pismo Beach Municipal Code; adopting by reference codes comprising the 2022 California Building Standards Code (California Code of Regulations, Title 24, Parts 1-12), including the PAGE 9 OF 10
Approved November 15, 2022 CCM-2022-1 1 -01 Closed and Regular
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California Fire Code (2022 Edition, incorporating and amending the 2021 International Fire Code); the California Building Code Volumes 1 and 2 (2022 Edition, incorporating and amending the 2021 International Building Code), the California Residential Code (2022 Edition, incorporating and amending the 2021 International Residential Code), the California Electrical Code (2022 Edition, incorporating and amending the 2020 National Electrical Code), the California Mechanical Code (2022 Edition, incorporating and amending the 2021 Uniform Mechanical Code, the California Plumbing Code (2022 Edition, incorporating and amending the 2021 Uniform Plumbing Code), the California Energy Code (2022 Edition), the California Historical Building Code (2022 Edition), the California Green Building Standards Code (2022 Edition), and the 2021 International Property Maintenance Code together with certain amendments thereto; adopting findings of facts to support the imposition of requirements other than those of the California Building Standards Code, and making a determination of exemption under CEQA;
2. Schedule a public hearing and second reading (adoption) of the above - referenced Ordinance for November 15, 2022, pursuant to Government Code Section 50022.3.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote:
Ayes: 5 Guthrie, Newton, Blake, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Ordinance 0-2022-XXX introduced.
13. CITY COUNCIL COMMENTS AND REQUESTS
No requests.
14. ADJOURNMENT
At 7:13 p.m.
APPROVED:
Ed Waage, Ma or
ATTEST:
e I Clerk
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Approved November 15, 2022 CCM-2022-1 1 -01 Closed and Regular