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Pismo Beach City Council
March 7, 2023

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Minutes
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March 7, 2023
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Pismo Beach City Council
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MINUTES
Pismo Beach City Council
4A�SMOBEPo� Tuesday, March 7, 2023
Special Closed Session-4:30 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 4:30 p.m.

1. ROLL CALL:

Present:

Mayor Ed Waage
Mayor Pro Tern Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Absent:

None
Matt Downing, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Erica Inderlied, City Clerk
James R. Lewis, City Manager

2. PUBLIC COMMENT PERIOD
Call for public comment:

The following commented on Item 3.A:

Tony Hyman
Marilee Hyman
Barry Ehrlich
Jean Jones

3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.

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Approved March 21, 2023 CCM-2023-03-07 Closed and Regular

City Council Meeting Minutes March 7, 2023
Item 3.A: Conference with Real Property Negotiators (Government Code §54956.8) Agency Negotiator: James R. Lewis
Under Negotiation: Price and Terms of Payment
Properties: Negotiating Parties:

APN: 010-521-012, 0 Terrace Ave., Pismo Beach Aileen Combs APN: 010-221-049, 2054 Ocean Blvd., Pismo Beach Herbert Hindler Trust APN: 010-231-023, 302 Vista Del Mar Ave., Pismo Beach Timothy H. Jones Trust Item 3.6: Conference with Real Property Negotiators (Government Code §54956.8) Property: APN: 005-076-027, 350 Pismo Ave., Pismo Beach Agency Negotiator: James R. Lewis
Negotiating Parties: Joseph Wolosz
Under Negotiation: Price and Terms of Payment
Item 3.C: 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 1
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above items.

5. ADJOURNMENT
At 5:33 p.m., to the 5:30 p.m. Regular Meeting.

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Approved March 21, 2023 CCM-2023-03-07 Closed and Regular

Council Meetinq Minutes March 7, 2023
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 Marcia Guthrie
Council Member Stacy Inman
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.

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Approved March 21, 2023 CCM-2023-03-07 Closed and Regular

Minutes
March 7. 2023

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 4:30 p.m. Closed Session.

8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:

Council Member Newton:

REACH SLO Advisory Commission
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.

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.E) Ayes:
5 Guthrie, Newton, Inman, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:

Adopt Minutes of the February
Adjourned Special Meeting.
21, 2023 Closed, Regular, and
Item 9.6: Payroll Register and Register of Demands (Feeser) Recommendation:

1. Approve the Summary of Payroll Register for February 12, 2023;

2. Approve the Register of Demands for January 27, 2023 and February 3, 2023.

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Approved March 21, 2023 CCM-2023-03-07 Closed and Regular i

Council
Minutes
March 7, 2023
rw
Item 9.C:

Item 9.D:

Monthly Investment Transaction Report of the City's Cash and Investments for November 2022 of FY 2022-2023 (Feeser)
Recommendation:

No action recommended; for information only.

Annual Military Equipment Report Per California Assembly Bill 481 (Smith)
Recommendation:

Receive Staffs Annual Military Equipment Report. No action recommended.

Item 9.E: Designation of Applicant's Agent for Disaster Cost Recovery Assistance
(Fine)
Recommendation:

Adopt a Resolution identifying the authorized agents for the City's application(s) for state and federal disaster cost recovery assistance.

Legislative Record: Resolution R-2023-016 adopted.

10. ITEMS PULLED FROM CONSENT
[Orem

12. BUSINESS ITEMS
This item was reordered.

Item 12.A: Capital Improvement Program Semi -Annual Report (Fine) Recommendation:

No action recommended; for information only.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment: No comment.

Action: No action.

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Approved March 21, 2023 CCM-2023-03-07 Closed and Regular

Council Meetinq Minutes
March 7, 2023

11. PUBLIC HEARINGS
Item 11.A: Declaration of Non -Responsible Bidder: V. Lopez Jr. & Sons, Inc. (Fine)
Recommendation:

Adopt a Resolution declaring V. Lopez Jr. & Sons, Inc. a non -responsible bidder thereby disqualifying them from performing future work for the City of Pismo Beach for a period of five years.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Public Hearing / Call for public comment:

Mayor Waage opened the Public Hearing.

John Darling, attorney for V. Lopez Jr. & Sons, offered a presentation.

Call for public comment: No comment.

John Darling offered a presentation.

Vince Lopez commented.

Mayor Waage closed the Public Hearing.

Action: Continue deliberation on this item to the March 21, 2023 City Council Meeting.

Motion: Reiss
Second: Newton
Vote: The motion passed on the following vote
Ayes:
5 Reiss, Newton, Guthrie, Inman, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 PAGE 6 OF 7
Approved March 21, 2023 CCM-2023-03-07 Closed and Regular 0 i

March 7. 2023
Council Meetina Minutes

12. BUSINESS ITEMS
Item 12.A: Capital Improvement Program Semi -Annual Report (Fine) This item was reordered.

13. CITY COUNCIL COMMENTS AND REQUESTS
No requests.

14. ADJOURNMENT
At 7:01 p.m.

APPROVED: ATTEST:
,:�O) L��
Waage e M r �rl
Clerk
r
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Approved March 21, 2023 CCM-2023-03-07 Closed and Regular

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