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MINUTES
Pismo Beach City Council
A•SMOSEP`� Tuesday, November 15, 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 Tern 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
Jorge Garcia, Assistant City Manager
James R. Lewis, 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 Labor Negotiators (Government Code §54957.6) Agency designated representatives: James R. Lewis
Employee organization: Pismo Beach Police Officers Association (POA) Item 3.13: Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: One potential case
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Approved December 6, 2022 CCM-2022-11-15 Closed and Regular
City Council Meeting Minutes November 15, 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 5:25 p.m., to the 5:30 p.m. Regular Meeting.
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Approved December 6, 2022 CCM-2022-11-15 Closed and Regular
Council Meetinq Minutes
November 15, 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 Tern Mary Ann Reiss
Council Member Sheila Blake
Council Member Marcia Guthrie
Council Member Scott Newton
Staff Present:
Absent:
None
(via teleconference)
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
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
Public Works Director Fine led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
Item 4.A: Presentation: US 101 Pismo Congestion Relief Project Update (SLOCOG) Presented by Stephen Hanamaikai, Madeline Jacobson, and Paul Valadao, San Luis Obispo Council of Governments.
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5. PUBLIC COMMENT PERIOD
Call for public comment: No comment. '
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:
Council Member Newton:
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
San Luis Obispo County Air Pollution Control District (APCD) Board.
Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.
Mayor Waage:
San Luis Obispo County Community Fire Safe Council.
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 9.1):
Ayes:
5 Blake, Newton, Guthrie, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
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Approved December 6, 2022 CCM-2022-11-15 Closed and Regular
Council Meetinq Minutes
November 15, 2022
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the
Meetings.
November 1, 2022 Closed and Regular
Item 9.13: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for October 23, 2022;
2. Approve the Register of Demands for October 21, 2022.
Item 9.C: Department Activity Reports for October 2022 (All) Recommendation:
Receive reports as information only.
Item 9.D: Update on March 16, 2020 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action required; information only.
Item 9.E: Acceptance of Grant Funds Allocated by the Office of Traffic Safety (OTS) and Authorization of Purchase of One Extrication System and Airbags from LN Curtis (Lee)
Recommendation:
Adopt a Resolution authorizing the acceptance of grant funds in the amount of $46,000 from the Office of Traffic Safety, and the purchase of an extrication system and airbags from LN Curtis, and appropriating related budget adjustments in Fiscal Year 2023.
Legislative Record: Resolution R-2022-097 adopted.
Item 9.F: Traffic Safety Committee Recommendations to City Council (Fine)
Recommendation:
1. Adopt a Resolution authorizing the installation of up to 3 pedestrian and bicycle symbolled signs, up to 3 "yield to pedestrians" signs, and up to 3 "bikes reduce speed" signs along the Shell Beach Road multi -use path;
2. Receive a report on the items considered at the most recent Traffic Safety Committee meeting.
v
Legislative Record: Resolution R-2022-098 adopted.
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Item 9.G: Notice of Completion for the Bello Street Bridge Replacement Project (Fine)
Recommendation:
Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Bello Street Bridge Replacement Project.
Item 9.1-1: Acceptance of Selective Traffic Enforcement Program (STEP) Funding Award From the Office of Traffic Safety (Smith) Recommendation:
Adopt a Resolution accepting grant funds in the amount of $55,000 from the California Office of Traffic Safety, and appropriating $55,000 in grant revenues and $55,000 in various costs in the General Fund Police Department budget in FY 2023.
Legislative Record: Resolution R-2022-099 adopted.
Item 9.1: Adoption of Findings Relating to AB 361 (Virtual Meetings) (Inderlied)
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Adopt the following findings with respect to the City of Pismo Beach's utilization of the provisions of Assembly Bill 361, relating to Brown ,e 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
Item 11.A: Adoption (Second 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. Conduct a public hearing to receive input;
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' 2. Adopt 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.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Public Hearing / Call for public comment: No comment
Action: Adopt 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 PAGE 7OF11
Approved December 6, 2022 CCM-2022-11-15 Closed and Regular
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than those of the California Building Standards Code, and making a determination of exemption under CEQA.
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 Legislative Record: Ordinance 0-2022-008 adopted.
12. BUSINESS ITEMS
Item 12.A: Water Supply Update (Fine)
Recommendation:
1. Receive an update on the City's water supply; and
2. Discuss the purchase of additional drought buffer and provide staff with direction on how to proceed.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:
Mel Stahlman commented.
Action: Direct staff to pursue "Option B" as outlined in staffs report, to include increasing the City's drought buffer allocation from 1,240 acre-feet per year to 3,192 acre-feet per year, with the goal of being able to take delivery of 1,800 acre-feet of water when State Water Project deliveries are set to 20%, and resulting in a total contracted amount of 4,432 acre-feet per year.
Motion: Reiss
Second: Blake
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Blake, Guthrie, Newton, Waage
Noes: 0
Absent: 0
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Abstain: 0
Recused: 0
Item 12.13: Options for the Pier Avenue Stairs (Fine)
Recommendation:
Review options for the Pier Avenue Stairs and provide staff with direction on how to proceed.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:
Tom Reilly commented.
Action: Direct staff to pursue removal of the Pier Avenue Stairs, including any contract change orders needed to effectuate the removal, and pursue a long-term partnership with state and/or federal agencies for the rehabilitation of the adjacent bluff corridor.
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 Item 12.C: Consideration of Feasibility of a Permanent Outdoor Dining Study (Downing)
Recommendation:
Provide direction to staff on the implementation of an outdoor dining program, if desired.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Call for public comment:
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Minutes
November 15, 2022
Item 12.D:
Mike Frey commented.
Sean Comuel commented.
Tami Corpuel commented.
Ross Currie commented.
Steve Norwood commented.
Mark Woolpert commented.
Don Day commented.
Action: No action.
Technology Master Plan for FY 2023 Through FY 2028 (Feeser) Recommendation:
Review and approve the City of Pismo Beach Technology Master Plan for FY 2023 through FY 2028.
Presenting staff:
Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager
Guest presenters:
David Krout, ClientFirst Technology Consulting
Tom Jakobsen, ClientFirst Technology Consulting
Call for public comment: No comment.
Action: Approve the City of Pismo Beach Technology Master Plan for FY 2023 through FY 2028.
Motion: Waage
Second: Blake
Vote: The motion passed on the following vote:
Ayes: 5 Waage, Blake, Guthrie, Newton, Reiss
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus to agendize consideration of revising the policy direction given on November 1, 2022, relating to the development of residential sidewalks by project applicants.
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Approved December 6, 2022 CCM-2022-11-15 Closed and Regular
Council Meeting Minutes
November 15, 2022
14. ADJOURNMENT
L� At 8:39 p.m.
AP�VED:��
Ed Waage, Mayor
AT
Erica Inderlied, City Clerk
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Approved December 6, 2022 CCM-2022-11-15 Closed and Regular