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MINUTES
Pismo Beach City Council
A�rMOBEP�a Tuesday, May 2, 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: 5:36 P.M.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tem 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
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
Chelsea O'Sullivan, Assistant City Attorney
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Council Member Guthrie led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
Consensus to reorder Item 12.C, Award of Contract to ENGEO Incorporated for Professional Engineering and Environmental Services for the Cliff Ave. and Ocean Blvd.
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Storm Drain Portion of the Ocean Boulevard Improvement Project before Item 12.13, Public Safety Facility Project Update.
4. PRESENTATIONS
Item 4.A: Proclamation: Recognizing May 2023 as National Foster Care Month (San Luis Obispo County Department of Social Services)
Presented to Christy Lounder and Felipe Gonzalez, San Luis Obispo County Department of Social Services.
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
Assistant City Attorney O'Sullivan had nothing to report.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Inman:
Pismo Beach Conference and Visitors Bureau (CVB) Board / Lodging Business Improvement District (LBID) Advisory Board.
Mayor Waage:
Central Coast Community Energy (3CE) Policy Board.
League of California Cities Coastal Cities Group, Sea Level Rise Working Group.
San Luis Obispo Regional Transit Authority (SLORTA) / South County Transit (SCT).
9. CONSENT CALENDAR
Call for public comment: No comment
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
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Approved May 16, 2023 CCM-2023-05-02 Regular
Council Meeting Minutes May 2, 2023
Vote: The motion passed on the following vote (Items 9.A through 9.1-1):
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 April 18, 2023 Regular and Closed Meetings.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for April 9, 2023;
2. Approve the Register of Demands for March 31, 2023, April 7, 2023 and April 14, 2023.
Item 9.C: Monthly Investment Transaction Report of the City's Cash and Investments for January 2023 of FY 2022-2023 (Feeser)
Recommendation:
No action required; informational only.
Item 9.D: Approval of the Fiscal Year 2024 Paving Project for Proposed Road Maintenance and Rehabilitation Account Funding (SB1) (Feeser)
Recommendation:
Adopt a Resolution approving the 2022 Paving Project for proposed Senate Bill 1 Road Maintenance and Rehabilitation Account funding for Fiscal Year 2024 and making a determination of exemption under the California Environmental Quality Act.
Legislative Record: Resolution R-2023-032 adopted.
Item 9.E: Notice of Completion and Acceptance of Public Improvements for Tract 3043, South Silver Shoals (Fine)
Recommendation:
1. Accept the public improvements for Tract 3043 as complete and authorize the release of the improvement securities; and
2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion.
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Approved May 16, 2023 CCM-2023-05-02 Regular
Council Meetinq Minutes Mav 2, 2023
Item 9.F: Acceptance of Grant Funds Allocated by the Federal Emergency Management Agency (FEMA) and Authorization of Purchase of Seven All -Band, Portable Radios, and
Appropriating Related Budget Adjustments in Fiscal Year 2023 (Lee)
Recommendation:
Adopt a Resolution authorizing the acceptance of grant funds in the amount of $75,051 from the Federal Emergency Management Agency, and the purchase of seven all -band portable radios, P-25 compliant, and appropriating related budget adjustments in Fiscal Year 2023.
Legislative Record: Resolution R-2023-033 adopted.
Item 9.G: Adoption (Second Reading) of an Ordinance of the City Council of the City Of Pismo Beach Amending Sections 12.10.010,
12.10.030, 12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, and 12.10.120 of the Pismo Beach Municipal Code Regarding Newsracks (Inderlied)
Recommendation:
Adopt an Ordinance amending sections 12.10.010, 12.10.030,
12.10.040, 12.10.050, 12.10.070, 12.10.070, 12.10.080, and
12.10.120 of the Pismo Beach Municipal Code regarding newsracks.
Legislative Record: Ordinance 0-2023-001 adopted.
Item 9.H: Acceptance of California Coastal Commission Modifications to the Municipal Code Associated with Two -Unit Residential Development and Urban Lot Splits in Compliance with Senate Bill 9, Including Adoption (Second Reading) of an Ordinance Repealing and Replacing Ordinance 0-2022-001 (Inderlied) Recommendation:
Adopt an Ordinance repealing and restating Chapter 17.119 Two - Unit Residential Development and Urban Lot Splits to Title 17 (1983 Coastal Zoning Code) of the Pismo Beach Municipal Code, relating to urban lot splits and two -unit residential development built in accordance with Senate bill 9, repealing Ordinance 0-2022-001, and making a determination of exemption under the California Environmental Quality Act (CEQA).
Legislative Record: Ordinance 0-2023-002 adopted.
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Council Meetina Minutes May 2, 2023
pol 110. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Introduction (First Reading) of an Ordinance Modifying Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code Regarding Short -Term Rentals (Downing)
Recommendation: Introduce an Ordinance amending Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code relating to administrative regulations of Short -Term Rentals and Homestays.
Presenting staff:
Matt Downing, Community Development Director
Chelsea O'Sullivan, Assistant City Attorney
James R. Lewis, City Manager
Call for public comment:
Shelly Higginbotham commented.
Shauna Wills commented.
Heather Muran commented.
Action: Consensus in support of providing the following direction to staff:
1. Return at the next available meeting with an agenda item allowing the Council to act on the extension of the existing Short -Term Rental Urgency Moratorium enacted by Ordinance 0-2022-005 and previously extended by Ordinance 0-2022-007;
2. Return at the next available meeting with a report analyzing the feasibility and potential impacts of the following possible components of revised Short -Term Rental regulations:
A. Implementation of a limit on the total number of Short -Term Rentals that may be licensed at any one time, on the basis of a total numerical cap; and/or a limitation per street; and/or a limitation per neighborhood; and or a limitation on the proximity of licensed properties to each other.
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B. Notification to surrounding properties before, or at the time of, issuance of a new or renewed Short -Term Rental license.
C. Prohibition of Short -Term Rentals outside the Coastal Zone; potentially including the "grandfathering" of the existing licensees outside the Coastal Zone.
D. Pursue an arrangement with Airbnb and other similar platforms for the sharing of booking data in furtherance of ordinance enforcement.
In support:
In opposition
Absent:
Abstain:
Recused:
The following item was reordered.
5 Guthrie, Inman, Newton, Reiss, Waage
0 0
0 0
Item 12.C: Award of Contract to ENGEO Incorporated for Professional Engineering and Environmental Services for the Cliff Ave and Ocean Blvd Storm Drain Portion of the Ocean Boulevard Improvement Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a professional services agreement with ENGEO Incorporated for professional engineering and environmental services for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project in the amount of $160,000, accepting grant funding, and appropriating related budget adjustments in Fiscal Year 2023.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution authorizing the City Manager to enter into a professional services agreement with ENGEO Incorporated for professional engineering and environmental services for the Cliff Avenue and Ocean Boulevard Storm Drain portion of the Ocean Boulevard Improvement Project in the amount of $160,000, accepting grant funding, and appropriating related budget adjustments in Fiscal Year 2023.
Motion: Newton
Second: Inman
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Approved May 16, 2023 CCM-2023-05-02 Regular
Council Meetina Minutes Mav 2, 2023
Vote: The motion passed on the following vote:
Ayes:
5 Newton, Inman, Guthrie, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Resolution R-2023-034 adopted.
Item 12.B: Public Safety Facility Project Update (Garcia) Recommendation:
Receive an update for the Public Safety Facility Project.
Presenting staff:
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Guest presenters:
Scott Murphy, Vanir Construction Management
Call for public comment:
Kevin Anderson commented.
Don Day commented.
Tedd commented.
Action: Provide the following direction to staff:
1. Proceed with contract negotiations with design -build entity F&H Construction/ LDA Partners for the design and construction of the Public Safety Facility project.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote
Ayes:
5 Newton, Inman, Guthrie, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
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Approved May 16, 2023 CCM-2023-05-02 Regular
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2023
Item 12.C: Award of Contract to ENGEO Incorporated for Professional Engineering and Environmental Services for the Cliff Ave and Ocean Blvd Storm Drain Portion of the Ocean Boulevard Improvement Project (Fine)
This item was reordered and heard prior to Item 12.B.
13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus to agendize consideration of direction to the Parks, Recreation and Beautification Commission to evaluate potential locations for a dog park other than Spyglass Park.
14. ADJOURNMENT
At 8:16 p.m.
APPROVED:
E8 W age, Mayor
ATTEST-
tca Inderlied,Cit elem
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