AGENDA
Pismo Beach City Council
Tuesday, June 20, 2023
Time Meeting Type Physical Location Virtual Participation Option 4:30 p.m. Closed Session City Hall None
5:30 p.m. Regular Meeting 1 2 Council Chamber, City Hall https://us02web.zoom.us/j/84823715585 1 Live virtual participation is offered via Zoom.
2 Broadcast meeting also available, for viewing only, on cable Channel 20 and online at pismobeach.org/agenda.
0. HYBRID MEETING INSTRUCTIONS:
These meetings are being conducted in a hybrid format with both in-person and virtual public participation. Ways to watch these meetings and submit public comment are provided below.
Watch and participate in person:
• Regular Meeting: Visit the Council Chamber at City Hall, 760 Mattie Road, Pismo Beach, CA 93449. • To make Regular Meeting public comment, please submit an optional blue “speaker slip” to staff; the Mayor will ask you to approach the lectern to speak during the public comment period on your item of interest. • To make Closed Session public comment, please be present in the Council Chamber at the start of Closed Session; the Mayor will call for public comment prior to commencing the closed proceedings.
Watch and participate via Zoom:
• Regular Meeting only: Click this link on any computer or mobile device:
https://us02web.zoom.us/j/84823715585 . This URL may also be typed into a web browser. • To make Regular Meeting public comment, press the “raise your hand” button when the comment period for your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Listen and participate via telephone:
• Regular Meeting only: Call 1-669-900-6833 to join by telephone audio only. Enter Meeting ID 848 2371 5585 when prompted.
• To make Regular Meeting public comment, press *9 to “raise your hand” when the comment period on your item of interest begins. You will be notified when you’ve been unmuted and it’s your turn to speak.
Watch online:
• Regular Meeting only: Visit www.pismobeach.org/agenda and scroll to “Upcoming Events.” When the live broadcast begins, an “In Progress” link will appear; click this link to watch the livestream. A recording of the meeting will be available on demand shortly after the meeting ends.
Watch on Channel 20:
• Regular Meeting only: Tune to local cable channel 20 in Pismo Beach; the meeting will be broadcast live.
Meetings are also replayed at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day the following week.
Submit written comment:
• Regular Meeting and Closed Session: In advance of the meeting, written comments may be emailed to [email protected] or mailed or delivered to the City Clerk’s Office, 760 Mattie Road, Pismo Beach, CA 93449. During the Regular Meeting no later than the start of the comment period for your item of interest, written comment may be hand-delivered to staff in the Council Chamber. Emails submitted after the start of the meeting may not be fully considered prior to any action taken on the item.
Submit voicemail comment:
• Regular Meeting and Closed Session: Call 805-773-7005 and leave a voicemail before the meeting.
Voicemails submitted after the start of the meeting may not be fully considered prior to any action taken on the item. This automated voicemail line will not be answered or monitored for other purposes.
Please note:
• Meetings may begin a few minutes after the scheduled start time. • Meetings will be recorded, except closed sessions; these recordings are public record. • Phone numbers of call-in participants may be visible to other meeting participants, or in meeting recordings. • Phone numbers of voicemail commenters may be visible in the public record along with transcripts.
Please contact City Clerk Erica Inderlied at [email protected] with questions.
Pismo Beach City Council Agenda June 20, 2023
Special Closed Session—4:30 p.m.
City Hall, 760 Mattie Road, Pismo Beach, CA 93449
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2. PUBLIC COMMENT PERIOD – Council Chamber
At this time, members of the public may comment on any item appearing on the agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S)
Item 3.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: The City of Pismo Beach v. Tetra Tech, Inc.
San Luis Obispo Superior Court Case No. 22CV-0520
Item 3.B: Public Employee Performance Evaluation
Pursuant to Government Code Section 54957(b)
Title: City Attorney
4. CLOSED SESSION REPORT
If a regular meeting follows this Closed Session, the Closed Session Report will be made during the regular meeting.
5. ADJOURNMENT
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, June 20, 2023 Council Chamber, City Hall
Pismo Beach City Council Agenda June 20, 2023
Regular Meeting—5:30 p.m.
Council Chamber, City Hall, 760 Mattie Road, Pismo Beach, CA 93449
CALL TO ORDER: Mayor Waage
1. ROLL CALL:
Mayor: Waage
Mayor Pro Tem: Reiss
Council Members: Guthrie, Inman, Newton
2. PLEDGE OF ALLEGIANCE
3. ACCEPTANCE OF AGENDA
4. PRESENTATIONS
Item 4.A: Proclamation: Parks Make Life Better! Month (Jackson)
5. PUBLIC COMMENT PERIOD
At this time, members of the public may comment on any item NOT appearing on the agenda. For items appearing on the agenda, including the Consent Calendar, the public will be invited to make comments during Council consideration of the item. In accordance with state law, matters raised as part of this comment period cannot be discussed or acted upon by the City Council at this time.
However, in response to a matter raised as part of this comment period, the Council may, during Item 13, City Council Comments and Requests, direct staff to assist a speaker, or schedule the matter for consideration on a future agenda.
Please adhere to the following procedures when addressing the Council:
• Please limit your comments to 3 minutes or less.
• Unduly disruptive behavior will not be permitted.
Documents submitted to the Council become public record unless otherwise exempt from disclosure.
6. CITY MANAGER’S REPORT - No action to be taken
7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT - No action to be taken
8. COUNCIL COMMITTEE REPORTS
1. Air Pollution Control District, SLO County (Newton/Reiss)
2. California Joint Powers Insurance Authority (Reiss)
3. CAPSLO (Reiss)
4. Central Coast Blue Regional Recycled Water Authority (Waage)
5. Central Coast Community Energy Policy Board (Mayor)
6. Chapman Estate Foundation (Liaison) (Reiss)
7. Coastal Cities Group, League of CA Cities (Waage)
8. Conference and Visitors Bureau / LBID Board (Liaison) (Inman)
9. Friends of Price House Liaison (Waage)
10. Hazard Mitigation & Fire Safety (Inman/Waage)
11. Homeless Services Oversight Council (Guthrie/Reiss)
12. Integrated Waste Management Authority (Newton/Inman)
13. Mobile Home Rent Stabilization Subcommittee (Inman/Reiss)
14. REACH (Newton)
15. Regional Transit Authority, SLO (Waage/Reiss)
16. Shell Beach Improvement Group Liaison (Inman)
17. SLOCOG (Waage/Reiss)
18. South County Chambers Gov’t Affairs (Guthrie/Inman)
19. Visit SLO CAL Advisory Committee (Inman)
20. Water Resources Advisory Committee, SLO (Guthrie/Inman)
21. Zone 3 Water Advisory Committee, SLO (Guthrie/Inman) (Govt Code Section 53232.3)
Pismo Beach City Council Agenda June 20, 2023
9. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration. Public comment on Consent Calendar items will be invited prior to action on the Calendar.
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the May 26, 2023 Closed Session;
2. Adopt Minutes of the June 6, 2023 Closed and Regular Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for May 21, 2023.
2. Approve the Register of Demands for May 19, 2023 and May 26, 2023.
Item 9.C: Department Activity Reports for May 2023 (All)
Recommendation:
Receive reports as information only.
Item 9.D: Monthly Investment Transaction Report of the City’s Cash and Investments for April 2023 OF FY 2022-2023 (Feeser)
Recommendation:
No action required; information only.
Item 9.E: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action recommended; for information only.
Item 9.F: Amendment #1 to the Existing Agreement with Achievement House for Litter Removal Services (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Achievement House, Inc. for litter removal services from July 1, 2023 through June 30, 2025 in the amount of $164,509.20.
Pismo Beach City Council Agenda June 20, 2023
Item 9.G: Amendment #1 to the Agreement with Pavement Engineering, Inc. for Engineering Services During Construction Of The 2022 Paving Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #1 to the existing Professional Services Agreement with Pavement Engineering, Inc. in the amount of $156,030.50 for Engineering Services During Construction of the 2022 Paving Project.
Item 9.H: Authorization of a Local Coastal Program Local Assistance Grant Application to the California Coastal Commission (Downing)
Recommendation:
Adopt a Resolution authorizing the submission of a grant application for, and receipt of, up to $500,000 in funding to assist in updating the City’s Local Coastal Program from the California Coastal Commission.
10. ITEMS PULLED FROM CONSENT CALENDAR
11. PUBLIC HEARINGS - No earlier than 6:00 p.m.
GENERAL PROCEDURES FOR PUBLIC HEARINGS (Mayor/Presiding Officer reserves discretion to set speaking allowances):
1. City staff will present the staff report and recommendation, and respond to technical/clarifying questions from Council;
2. Mayor will open the public hearing, and invite the project applicant, or representative, to present the project (Limited to 10 mins);
3. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to present their appeal (Limited to 10 mins);
4. Mayor will then ask other interested persons to testify regarding the project (Limited to 3 mins per speaker);
5. Mayor will invite the project applicant, or representative, to make a rebuttal if desired (Limited to 5 mins);
6. In an Appeal Hearing, the Mayor will then invite the appellant, or representative, to make a rebuttal if desired (Limited to 5 mins);
7. Mayor will close the public hearing, following which the Council will deliberate and act on the matter.
Item 11.A: Protest Hearing for Declaration of Properties as Non-Compliant for Weed and Rubbish Abatement (Lee)
Recommendation:
Conduct a public hearing to hear protests from property owners whose properties have been identified as non-compliant for weed abatement.
Item 11.B: Appeal of the Planning Commission Denial of Project No. P22-000004, a Request for a Coastal Development Permit and Variance to Develop a Rainwater Collection and Retention System for an Existing Residence.
Location – 3990 Shell Beach Road. The Project is within the Coastal Zone and is Not Appealable to the Coastal Commission. (Downing)
Recommendation:
Adopt a Resolution denying the appeal and upholding the Planning Commission denial of Project No. P22-000004 and making a determination of exemption under CEQA. Location – 3990 Shell Beach Road. APN 010-154- 037.
Pismo Beach City Council Agenda June 20, 2023
12. BUSINESS ITEMS - May be reordered and heard prior to Public Hearings
Item 12.A: Public Safety Facility Façade Option (Garcia)
Recommendation:
Provide direction to staff on the preferred façade option for the fire station.
Item 12.B: Fire Department Semi-Annual Report (Lee)
Recommendation:
Receive Fire Department briefing.
Item 12.C: Pier Concession License Agreement Extensions (Jackson)
Recommendation:
Direct staff to:
1. Execute an extension of the existing License Agreement with Sheldon’s Bait Shack for operation of the Pier bait shack;
2. Execute an extension of the existing License Agreement with Rib Line by the Beach LLC for operation of the Sunsets at the Pier concession stand.
13. CITY COUNCIL COMMENTS AND REQUESTS - No action to be taken
14. ADJOURNMENT
To the following meeting(s). Special and Closed Session times may be subject to change, as noticed. Meetings will be held in a hybrid in-person / virtual format unless otherwise noted:
Meeting Time Date Location
Regular Meeting 5:30 p.m. Tuesday, July 4, 2023 CANCELLED Regular Meeting 5:30 p.m. Tuesday, July 18, 2023 Council Chamber, City Hall Regular Council meetings will adjourn by 11:00 p.m. unless four-fifths of the Council votes to continue past that time. If the meeting is adjourned at 11:00 p.m., any remaining agenda items will be continued to the next regular meeting (R-97-04).
AFFIDAVIT OF POSTING
I, Erica Inderlied, City Clerk for the City of Pismo Beach, declare under penalty of perjury that the foregoing agenda for the June 20, 2023 meeting(s) of the Pismo Beach City Council was posted on June 15, 2023, at City Hall, located at 760 Mattie Road, Pismo Beach, CA, as well as on the City’s website.
Erica Inderlied, City Clerk
Meeting Schedule: The City Council of Pismo Beach regularly meets on the first and third Tuesdays of each month at 5:30 p.m., unless otherwise noticed. Closed and Special sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at pismobeach.org/agenda and upon request from the City Clerk’s Office, typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed Sessions and other Special meetings are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Pismo Beach City Council Agenda June 20, 2023
Related Materials: All materials submitted to the Council relating to items on this agenda are open for public inspection unless otherwise exempt by law. Staff reports and attachments published as part of this agenda packet, as well as copies of correspondence received relating to these agenda items and materials distributed at the meeting, may be obtained 1) in the consolidated online Agenda Center at pismobeach.org/agenda, 2) in the Access Pismo public records portal at pismobeach.org/accesspismo, 3) by request from the City Clerk at [email protected], or 4) in person at the City Clerk's Office, City Hall, 760 Mattie Road, Pismo Beach, Mon–-Fri 8:00 a.m.–-5:00 p.m. Please call (805) 773-7003 with any questions.
Broadcasting: Regular (televised) City Council meetings are available for viewing 24/7 at pismobeach.org/agenda, broadcast live on Channel 20, and re-broadcast during the week following the meeting on Channel 20 at 9:00 a.m., 6:00 p.m., and 1:00 a.m. each day.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment during public comment or as part of a scheduled presentation, 24 hours prior to the meeting at (805) 773-7003.
Notice Regarding Americans with Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need agenda documents provided in an alternative format, please contact the City Clerk’s Office at 773-7003 as soon as possible prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-
35.104 ADA Title II).