L\TY Op
® MINUTES
Pismo Beach City Council
p�sMosEP`� Tuesday, December 6, 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
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 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. vs.
City of Pismo Beach
San Luis Obispo Superior Court Case No. 20CV-0652
PAGE 1 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
City Council Meeting Minutes December 6, 2022
Item 3.B: Conference with Legal Counsel — Anticipated Litigation ' Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: One potential case
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 5:26 p.m., to the 5:30 p.m. Regular Meeting
WT&WW-1i]Yiil
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
Council Meeting Minutes December 6, 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
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
Mayor Waage led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
None.
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
PAGE 3 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
Council Meeting Minutes
December 6. 2022
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:
Central Coast Blue Regional Recycled Water Authority.
9. CONSENT CALENDAR
Call for public comment:
Jeff Edwards commented on Item 9.1-1.
Council Member Newton requested that Item 9.E be pulled for discussion.
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
9.1):
Ayes:
5 Guthrie, Newton, Blake, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the September 14, 2022 Joint Meeting.
2. Adopt Minutes of the November 15, 2022 Closed and Regular Meeting.
PAGE 4 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular A
December 6. 2022
Council Meetinq Minutes
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for November 6, 2022, and November 20, 2022.
2. Approve the Register of Demands for October 28, 2022 and November 4, 2022.
Item 9.C: Fiscal Year 2023 First Quarter Financial Status Report (Feeser) Recommendation:
Receive as information only. No actions are requested or recommended.
Item 9.D: Annual Public Report on Development Impact Fees for Fiscal Year 2022 (Feeser)
Recommendation:
1. Receive the Annual Public Report on Development Impact Fees for Fiscal Year 2022;
2. Adopt a Resolution approving the Annual Public Report on Development Impact Fees for Fiscal Year 2022.
Legislative Record: Resolution R-2022-100 adopted.
Item 9.E: 2023 City Council Regular Meeting Schedule (Inderlied) Pulled from the Consent Calendar for discussion.
Item 9.17: Contract with Bureau Veritas for Building Permit Plan Check and Inspection Services (Downing)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a contract with Bureau Veritas North America, Inc. for professional Building Division services in Fiscal Year 2023.
Legislative Record: Resolution R-2022-101 adopted.
PAGE 5 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
Council Meeting Minutes December 6, 2022
Item 9.G:
Side Letter Agreement to Memorandum of Understanding With Pismo Beach Police Officers Association (Garcia)
Recommendation:
Adopt a Resolution approving a Side Letter Agreement to the Memorandum of Understanding with the Pismo Beach Police Officers Association ("POA").
Legislative Record: Resolution R-2022-102 adopted.
Item 9.H: Amendment #4 to Agreement with Rincon Consultants, Inc. for Professional Services Related to Central Coast Blue
Environmental Documents (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #4 to the existing Professional Services Agreement with Rincon Consultants, Inc. for Preparation of Environmental Documents for Central Coast Blue in the amount of $66,273.
Legislative Record: Resolution R-2022-103 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:
• The state of emergency continues to directly impact the ability of the Council Members to meet safely in person.
10. ITEMS PULLED FROM CONSENT
Item 9.E: 2023 City Council Regular Meeting Schedule (Inderlied) Recommendation: Adopt a Resolution establishing the 2023 City Council Regular Meeting schedule.
Presenting staff:
James R. Lewis, City Manager
Call for public comment: No comment.
PAGE 6 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
Council Meetinq Minutes December 6, 2022
Action: Adopt a Resolution establishing the 2023 City Council Regular Meeting schedule, with the following revision:
1. Do not cancel the meeting of August 1, 2023.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 3 Newton, Guthrie, Reiss
Noes: 2 Blake, Waage
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2022-104 adopted.
12. BUSINESS ITEMS
This item was reordered.
Item 12.A: Quarterly Update for the Public Safety Facility Design -Build Project (Garcia)
Recommendation: Receive a quarterly update for the Public Safety Facility Project.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Call for public comment: No comment.
Action: No action.
11. PUBLIC HEARINGS
Item 11.A: Public Hearing to Receive Community Input and Requests for Use of Community Development Block Grant Funds (Downing)
Recommendation:
1. Conduct a public hearing to receive input on the disbursement of the City's allocation of Community Development Block Grant funds for the 2023 Action Plan Year;
PAGE 7 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
Council Meeting Minutes
December 6, 2022
2. Adopt a Resolution identifying draft recommendations to the County of San Luis Obispo for inclusion in the 2023 Community Development Block Grant Action Plan.
Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Public Hearing I Call for public comment:
Janna Nichols, 5 Cities Homeless Coalition, commented.
Stacy Inman commented.
Scott Smith, HASLO, commented.
Action: Adopt a Resolution identifying draft recommendations to the County of San Luis Obispo for inclusion in the 2023 Community Development Block Grant Action Plan.
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: Resolution R-2022-105 adopted.
12. BUSINESS ITEMS
Item 12.A: Quarterly Update for the Public Safety Facility Design -Build Project (Garcia)
This item was reordered and heard prior to Item 11.A.
Item 12.8: Amended Loan Agreements for Housing Authority of San Luis Obispo for the Funding of a 25-Unit Affordable Senior Housing Project at 2655 Shell Beach Road (Downing)
Recommendation:
Adopt a Resolution authorizing amended loan agreements with the Housing Authority of San Luis Obispo for design, funding, construction, and management of a 25-unit affordable senior housing project at 2655 Shell Beach Road.
PAGE 8 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
Council Meeting Minutes
' Presenting staff:
Matt Downing, Community Development Director
James R. Lewis, City Manager
Call for public comment:
Scott Smith, HASLO, commented.
December 6, 2022
Action: Adopt a Resolution authorizing amended loan agreements with the Housing Authority of San Luis Obispo for design, funding, construction, and management of a 25-unit affordable senior housing project at 2655 Shell Beach Road.
Motion: Blake
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
5 Blake, Guthrie, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 I
Legislative Record: Resolution R-2022-106 adopted.
Item 12.C: Integrated Regional Water Management (IRWM) Plan and Grant; Determination of Exemption Under the California Environmental Quality Act (Fine)
Recommendation:
1. Adopt a Resolution adopting the 2019 San Luis Obispo County Integrated Regional Water Management Plan and adopting Statutory Exemption No. 2022-030.
2. Adopt a Resolution designating the Director of Public Works/City Engineer as the authorized representative to file applications and execute agreements for the 2022 Proposition 1 IRWM Implementation Grant Program.
Presenting staff:
Matt Downing, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment: No comment.
1 PAGE 9 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
Council Meeting Minutes
December 6, 2022
Action: Adopt a Resolution adopting the 2019 San Luis Obispo County Integrated Regional Water Management Plan and adopting Statutory Exemption No. 2022-030.
Motion: Blake
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
5 Blake, Guthrie, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Resolution R-2022-107 adopted.
Action: Adopt a Resolution designating the Director of Public Works/City Engineer as the authorized representative to file applications and execute agreements for the 2022 Proposition 1 IRWM Implementation Grant Program.
Motion: Blake
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
5 Blake, Guthrie, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Resolution R-2022-108 adopted.
Item 12.D: Fire Department Semi -Annual Report (Lee)
Recommendation: Receive Fire Department briefing.
Presenting staff:
Paul Lee, Battalion Chief
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Call for public comment: No comment.
Action: No action.
PAGE 10 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular
L�
Council Meetinq Minutes December 6, 2022
Item 12.E: Residential Sidewalk Development Policy (Lewis) Recommendation:
Provide staff with direction on potential modifications to the current residential sidewalk development policy as directed on November 1, 2022.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment:
Stacy Inman commented.
Action: No action.
13. CITY COUNCIL COMMENTS AND REQUESTS
None.
14. ADJOURNMENT
At 7:01 p.m.
APPROVED:
4awct�
Ed Waage, Mayor
ATTEST:
!�p-kfd e rti edi%2�C I e r k
PAGE 11 OF 11
Approved December 20, 2022 CCM-2022-12-06 Closed and Regular