G\TY OF
MINUTES
Pismo Beach City Council
4A�S'HOBEP�� Tuesday, June 20, 2023
Special Closed Session-4:30 p.m.
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 4:34 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:
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
2. PUBLIC COMMENT PERIOD
Call for public comment: The following commented:
April Dury
Julie Tacker
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: The City of Pismo Beach v. Tetra Tech, Inc.
San Luis Obispo Superior Court Case No. 22CV-0520
Item 3.13: Public Employee Performance Evaluation
' Pursuant to Government Code Section 54957(b)
Title: City Attorney
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Approved July 18, 2023 CCM-2023-06-20 Closed and Regular
City Council Meeting Minutes June 20, 2023
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 5:27 p.m., to the 5:30 p.m. Regular Meeting.
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Council Meeting Minutes
June 20, 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: 5:32 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
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
Dan Herlihy, Police Commander
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Jason Takagi, Information Technology Manager
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance
13. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
Item 4.A: Proclamation: Parks Make Life Better! Month
Presented to Colleen Cashmore-Ghiglia, Recreation Manager, and Ron Rodriquez, Parks, Recreation and Beautification Commission Chair.
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Approved July 18, 2023 CCM-2023-06-20 Closed and Regular
City Council Meeting Minutes June 20, 2023
5. PUBLIC COMMENT PERIOD 1
Call for public comment:
Dave Dapuerre commented.
6. CITY MANAGER'S REPORT
Interim City Manager Garcia 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 Inman:
Shell Beach Improvement Group (SBIG)
Council Member Newton:
San Luis Obispo County Integrated Waste Management Authority (IWMA) Board.
San Luis Obispo County Air Pollution Control District (APCD) Board.
Mayor Waage:
Central Coast Blue Regional Recycled Water Authority.
League of California Cities Coastal Cities Group, Sea Level Rise Working Group.
San Luis Obispo County Community Fire Safe Council.
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.H):
Ayes: 5 Guthrie, Newton, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
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Approved July 18, 2023
CCM-2023-06-20 Closed and Regular
Council Meetinq Minutes
June 20, 2023
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.
Legislative Record: Resolution R-2023-044 adopted.
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Approved July 18, 2023 CCM-2023-06-20 Closed and Regular
City Council Meeting Minutes 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.
Legislative Record: Resolution R-2023-045 adopted.
Item 9.1-1: 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.
Legislative Record: Resolution R-2023-046 adopted.
10. ITEMS PULLED FROM CONSENT
None.
12. BUSINESS ITEMS
This item was reordered.
Item 12.A: Public Safety Facility Fagade Option (Garcia) Recommendation: Provide direction to staff on the preferred fagade option for the fire station.
Presenting staff:
Jorge Garcia, Interim City Manager
Supplemental material submitted into the record.
Call for public comment: No comment.
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Council Meetinq Minutes June 20, 2023
Action: Consensus among the Council to direct staff to pursue fagade Option A, modified to incorporate the fire apparatus bays as depicted in Option C, as shown in staffs presentation.
In support:
5 Guthrie, Inman, Newton, Reiss, Waage
In opposition:
0 Absent:
0 Abstain:
0 Recused:
0 11. PUBLIC HEARINGS
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.
Presenting staff:
Jorge Garcia, Interim City Manager
Paul Lee, Battalion Chief
Call for public comment: No comment.
Action: No action.
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)
Council Member Inman announced a disqualifying conflict of interest relating to participation as a Planning Commissioner in prior legislative action on the subject project, and left the dais.
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.
Presenting staff:
Matt Downing, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
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Approved July 18, 2023 CCM-2023-06-20 Closed and Regular
Council Meeting Minutes June 20, 2023
Call for public comment:
The following commented:
Paul Beard, Applicant Representative
Andrew Grow, Applicant
John Steinbeck
Paul Beard, Applicant Representative
Action: 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.
Motion: Reiss
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
4 Reiss, Guthrie, Newton, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
1 Inman
Legislative Record: Resolution R-2023-047 adopted.
Council Member Inman returned to the dais.
12. BUSINESS ITEMS
Item 12.A: Public Safety Facility Fagade Option (Garcia) This item was reordered and heard prior to Item 11.A.
Item 123: Fire Department Semi -Annual Report (Lee)
Recommendation: Receive Fire Department briefing.
Presenting staff:
Jorge Garcia, Interim City Manager
Paul Lee, Battalion Chief
Call for public comment: No comment.
Action: No action.
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Approved July 18, 2023 CCM-2023-06-20 Closed and Regular
Council Meetino Minutes June 20, 2023
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.
Presenting staff:
Matt Downing, Community Development Director
Jorge Garcia, Interim City Manager
Gordon Jackson, Director of Tourism and Events
Call for public comment:
Brian Appiano commented.
Action: Direct staff to:
1. Execute a two-year extension of the existing License Agreement with Sheldon's Bait Shack for operation of the Pier bait shack;
2. Execute a two-year extension of the existing License Agreement with Rib Line by the Beach LLC for operation of the Sunsets at the Pier concession stand.
Motion: Newton
Second: Reiss
Vote: The motion passed on the following vote
Ayes:
5 Newton, Reiss, Guthrie, Inman, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 13. CITY COUNCIL COMMENTS AND REQUESTS
No requests.
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Approved July 18, 2023 CCM-2023-06-20 Closed and Regular
Council Meetinq Minutes
June 20. 2023
14. ADJOURNMENT
At 7:05 p.m.
APPROVED:
Ed WMajoe- --i
ATTEST:
d ie , Ci Clerk
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Approved July 18, 2023 CCM-2023-06-20 Closed and Regular