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09.A Report Minutes 2023-07-18

Pismo Beach City Council
July 18, 2023

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09.A Report Minutes 2023-07-18
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July 18, 2023
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Pismo Beach City Council
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PISMO BEACH COUNCIL STAFF REPORT
Agenda Item #9.A
` SUBJECT/TITLE:

ADOPTION OF MEETING MINUTES
RECOMMENDATION:

1.Adopt Minutes of the February 3, 2023 Special Workshop;

2.Adopt Minutes of the June 5, 2023 Special Joint Meeting;

3.Adopt Minutes of the June 20, 2023 Closed and Regular Meeting.

BACKGROUND:

Attached for the Council’s consideration are the draft minutes of the subject meetings for review and adoption.

FISCAL IMPACT:

There is no fiscal impact associated with the preparation or adoption of meeting minutes.

ALTERNATIVES:

1. Adopt the minutes with revisions.

2.Decline to adopt the minutes; provide direction or request additional information.

ATTACHMENTS:

1.Draft Minutes of the February 3, 2023 Special Workshop

2.Draft Minutes of the June 5, 2023 Special Joint Meeting

3.Draft Minutes of the June 20, 2023 Closed and Regular Meeting Meeting Date: July 18, 2023 Submitted by: Erica Inderlied, City Clerk Interim City Manager Approval:

9.A-1Council Agenda 7-18-2023

DRAFT MINUTES
Pismo Beach City Council
Tuesday, February 3, 2023
Special Goal-Setting Workshop—10:00 a.m.
100 Ocean View Avenue, Pismo Beach, CA 93449
The City Council of the City of Pismo Beach met this date in a special session with Mayor Waage presiding.

CALL TO ORDER: 10:00 a.m.

TELECONFERENCE PROCEDURE
Item: Notification by a Legislative Body Member of the Need for Teleconference Meeting Attendance for Just Cause Under Assembly Bill 2449 Mayor Pro Tem Reiss notified the City Council of the need to attend the meeting by teleconference under the provisions of Assembly Billy 2449 for just cause; gave a brief general description of the circumstances giving rise to the need to attend virtually; and disclosed that there were no other adults present at the remote location.

Action: No action.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss (via teleconference)
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
Jeff Smith, Chief of Police

9.A-2Council Agenda 7-18-2023
Attachment 1

2.PUBLIC COMMENT PERIOD
Call for public comment:

The following commented:

Jeannie Nix, Friends of the Price House
LaDean Talcott, Friends of the Price House
Dave Watson, Friends of the Price House
Supplemental material submitted into the record.

Krista Jeffries, SLO YIMBY

3.AGENDA ITEMS
Item 3.A: Workshop Overview / Governance Practices of Effective Councils (Waage/Lewis)
Recommendation: Receive an overview by the City Manager of Workshop purpose and goals; Discuss governance practices of effective Councils/roles of governing body members.

Presenting staff:

James R. Lewis, City Manager
Action: No action.

Item 3.B: Review of Code of Ethics / Council Norms (Waage Newton) Recommendation: Conduct the annual review of the Code of Ethics for legislative body members; receive a report-out from the Code of Ethics Review Subcommittee; provide direction to staff on any desired updates to the policy.

Presenting staff:

Erica Inderlied, City Clerk
James R. Lewis, City Manager
Action: There was consensus among the Council to:

1.Make no changes to the Code of Ethics at this time.

2.Receive a report at a future meeting from the Code of Ethics Review Subcommittee regarding its findings.

9.A-3Council Agenda 7-18-2023
Attachment 1

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

Item 3.C: Review and Discussion of Current Goals / Financial Overview (Lewis/Feeser)

Recommendation: Review current Major City Goals and Other Important Objectives for Fiscal Year 2022 & 2023; Receive an overview from staff on the City's fiscal condition.

Presenting staff:

Nadia Feeser, Administrative Services Director
James R. Lewis, City Manager

Action: No action.

Item 3.D: Review and Direction on Current Capital Projects (Lewis/Fine)

Recommendation: Receive an overview from staff on the City's current Capital Projects, including timing, priorities, and funding gaps; Provide direction on priorities if desired.

Presenting staff:

Benjamin Fine, Public Works Director/City Engineer
James R. Lewis, City Manager

Call for public comment: No comment.

Action: Consensus to provide the following direction to staff:

1. In future staff reports relating to capital projects, provide information about how approving a particular project might impact other projects in progress, in terms of staff workload or completion timeframes;

2. Postpone the Wadsworth Avenue underpass lighting project;

3. Bring forward an agenda item allowing the Parks, Recreation and Beautification Commission to consider and render a recommendation to the City Council on an appropriate location for the workout equipment originally proposed as part of the South Palisades Workout/Trail project;

9.A-4Council Agenda 7-18-2023
Attachment 1

4.Bring forward an agenda item allowing the appropriate advisory bodies to consider and render a recommendation to the City Council on the potential location and feasibility of a dog park project;

5.Bring forward an agenda item allowing the Parking Advisory Committee to consider and render a recommendation to the City Council on a potential reconfiguration of Price Street parking to incorporate “double- loaded” center diagonal parking.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0
Call for public comment:

Shauna Wills commented.

Krista Jeffries, SLO YIMBY, commented.

Item 3.E: Establish Council Goals for Fiscal Years 2024 & 2025 (Lewis) Recommendation: Staff to facilitate a goal-setting session to identify Major City Goals and Other Important Objectives for the Fiscal Year 2024 & 2025 Budget & Goals Cycle, considering input from the community, Council Member priorities, and the City's fiscal condition.

Presenting staff:

Matt Downing, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Assistant City Manager
James R. Lewis, City Manager
Jeff Smith, Chief of Police
Call for public comment:

The following commented:

Marilee Hyman
John Stocksdale
Shauna Wills

9.A-5Council Agenda 7-18-2023
Attachment 1

Action: Consensus to adopt the following goals for the Fiscal Year 2024 & Fiscal Year 2025 budget cycle:

1. Maintain a Focus on Public Safety

Goal statement: Focus on providing resources toward ensuring the safety of the community.

Priorities:
• Build a state-of-the-art Public Safety Facility and enhance the Police presence in the downtown area
• Prioritize the recruitment and retention of Police personnel • Support technology investments that enhance public safety

2. Water Supply, Conservation and Central Coast Blue

Goal statement: Sustain the City's water supply by completing Central Coast Blue and pursuing access to new, high-quality and reliable water sources; promoting conservation; and conducting public outreach and education.

Priorities:
• Implement Central Coast Blue, working with partner agencies • Promote water conservation
• Pursue additional water supplies and options for storage • Conduct public outreach and education

3. Community Character, Beautification, and Quality of Life for Residents

Goal statement: Build on the strength of our local community to preserve the City’s “Classic California” charm and ensure an exceptional quality of life for residents.

Priorities:
• Invest in neighborhoods including road, sidewalk, and park improvements
• Continue investments in sports courts and other amenities, including facilitating evening use
• Complete updates to the Local Coastal Plan, General Plan, and Zoning Code
• Implement community beautification strategies
• Deliver exceptional services to the public
• Invest in coastal access and bluff repair

9.A-6Council Agenda 7-18-2023
Attachment 1

4. Traffic, Circulation and Parking

Goal statement: Improve traffic flow and parking assets to meet the needs of current and future residents and visitors.

Priorities:
• Continue to work on downtown parking solutions, including acquiring additional parking assets, and adopt strategies outlined in the Parking Management Plan
• Complete and implement the Bicycle and Pedestrian Master Plan, and maintain existing infrastructure
• Complete the acquisition of Dolliver Street from the state and make circulation improvements in accordance with the General Plan Circulation Element

5. Housing and Homelessness

Goal statement: Support regional efforts to address housing needs and homelessness.

Priorities:
• Complete affordable housing projects
• Support and participate in regional efforts in a collaborative manner • Invest in housing and homelessness assistance projects where feasible

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

Action: Consensus to direct staff to return with the appropriate agenda item(s) necessary to implement an “over-hiring” policy for Police Department positions, to permit actual Police Department staffing levels to correspond with the department’s approved number of staffed positions.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

9.A-7Council Agenda 7-18-2023
Attachment 1

Item 3.F: Discussion of Various Policies/Programs of Interest

Recommendation: Provide direction to staff on topics of interest to be returned for consideration as part of future meeting agendas if appropriate:

1. Advisory Body Member Appointment Process for 2023 (Inderlied)

2. Appeals Process for Planning Commission Decisions (Newton)

3. Clarification of Sidewalk Development Policies (Newton)

4. Amendments to Traffic Calming Policy (Newton)

5. Discussion of Future Uses of Chapman Estate (Inman)

Presenting staff:

Matt Downing, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Erica Inderlied, City Clerk
Paul Lee, Battalion Chief
James R. Lewis, City Manager

Call for public comment:

Marilee Hyman commented.

Advisory Body Member Appointment Process for 2023

Action: Provide the following direction to staff:

1. Conduct 15-minute interviews of Advisory Body applicants for the 2023 application cycle;

2. Give incumbent applicants the option as to whether or not to appear for an interview.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

Appeals Process for Planning Commission Decisions

Action: Consensus to provide the following direction to staff:

1. Add language to the Appeal of Planning Commission Decision form warning prospective appellants that lack of specificity in describing the basis for an appeal may result in dismissal of the appeal at the outset of the hearing;

9.A-8Council Agenda 7-18-2023
Attachment 1

2. Explore the feasibility of conducting a sufficiency screening process for appeals of Planning Commission decisions, to determine whether the basis for the appeal is specific enough to warrant scheduling the appeal for full hearing before the City Council.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

Clarification of Sidewalk Development Policies

Action: Consensus to direct staff to return with a “white paper” analyzing the feasibility of sidewalk development in select areas of the city where street width or topography may present challenges, in order to allow the Council to determine whether to direct staff to proceed with a full-scale study of the location of street rights-of-way throughout the city and creation of a potential in-lieu fee applicable to those properties located in areas where sidewalk development is not feasible.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

Amendments to Traffic Calming Policy

Action: Direct staff to increase the level of Police Department speed “sting” operations where feasible in order to help limit excessive speed in residential areas.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

Discussion of Future Uses of Chapman Estate

Action: No action.

9.A-9Council Agenda 7-18-2023
Attachment 1

4. CITY COUNCIL COMMENTS AND REQUESTS

Consensus to direct that the Traffic Safety Committee discuss whether additional roadway lighting is warranted on Shell Beach Road.

5. ADJOURNMENT

At 3:36 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-10Council Agenda 7-18-2023
Attachment 1

ACTION MINUTES

ARROYO GRANDE CITY COUNCIL

GROVER BEACH CITY COUNCIL

PISMO BEACH CITY COUNCIL

CENTRAL COAST BLUE REGIONAL RECYCLED WATER AUTHORITY BOARD

SPECIAL JOINT MEETING

MONDAY, JUNE 5, 2023, 6:00 PM

SOUTH COUNTY REGIONAL CENTER
800 W. BRANCH STREET, ARROYO GRANDE, CALIFORNIA

1. CALL TO ORDER
Mayor/Chair Waage called the meeting to order at 6:05 p.m.

2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice-Chair Ray Russom led the pledge of allegiance.

TELECONFERENCE PROCEDURE

Item: Notification by a Legislative Body Member of the Need for Teleconference Meeting Attendance for Just Cause Under Assembly Bill 2449

Council Member Clint Weirick notified the Councils and Board of the need to attend the meeting by teleconference under the provisions of Assembly Billy 2449 for just cause; gave a brief general description of the circumstances giving rise to the need to attend virtually; and disclosed that there were no other adults present at the remote location.

Action: No action was taken.

3. ROLL CALL

Arroyo Grande: Council Members Lan George, Jim Guthrie, Kate Secrest, Mayor Pro Tem Kristen Barneich, and Mayor Caren Ray Russom were present.

Grover Beach: Council Members Daniel Rushing, Clint Weirick (via teleconference), Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present.

Pismo Beach: Council Members Marcia Guthrie, Stacy Inman, Scott Newton, and Mayor Ed Waage were present. Mayor Pro Tem Mary Ann Reiss was absent.

CCB RRWA: Board Member Karen Bright, Vice-Chair Caren Ray Russom, and Chair Ed Waage were present. 9.A-11Council Agenda 7-18-2023
Attachment 2

Staff Present: City Managers Whitney McDonald, Matthew Bronson, Jorge Garcia, and James R. Lewis; General Manager Geoff English. City Clerks Jessica Matson, Wendi Sims, and Erica Inderlied; Interim Secretary/Clerk of the Board Kelly Wetmore.

4.WELCOME AND MEETING ORIENTATION
Mayor/Chair Waage provided welcoming comments.

5.CENTRAL COAST BLUE REGIONAL RECYCLED WATER AUTHORITY STATUS

REPORT AND PROJECT UPDATE
Recommendation: Receive update.

Presenting Staff: General Manager English
Guest Presenters:

Justin Pickard, Water Systems Consulting
Matthew Keeling, California Central Coast Regional Water Quality Control Board Executive Officer
Public Comment:

Chair Waage called for public comment. The following members of the public provided comment:
•Jeff Edwards
•Julie Tacker
Action: Received update. No action.

6.LOCAL HIRING ALTERNATIVES FOR CENTRAL COAST BLUE CONSTRUCTION

CONTRACTS
Recommendation: Receive a report on alternatives and considerations to advance local hiring for construction of the Central Coast Blue Project.

Presenting Staff: General Manager English
Guest Presenters:

Justin Pickard, Water Systems Consulting
Joshua Medrano, Tri-Counties Building and Construction Trades Council Eric Christen, Coalition for Fair Employment in Construction Public Comment:

Mayor/Chair Waage called for public comment. The following members of the public provided comment:
•Kurt Markuson
•Devin Light
•Dale Cummings
•Eric Hanuman
•Aidan Basinger
•John Metcalf
•Kyle Cushman
•Mark Simonin
•Manley McNinch

9.A-12Council Agenda 7-18-2023
Attachment 2

•Beau Dickinson
•Les Cushman
•Lee Cushman
•Rudy Bachmann
•Autumn Brown
•Rob Down
•Richard V.
•Mitchell Bell
•Jessie Wills
•Sergio Miranda
•Trevor Ranlett
Action: No action was taken.

7.PUBLIC COMMENTS
Mayor/Chair Waage called for public comment on items listed on the Agenda. There were no comments.

8.CLOSING COUNCIL/BOARD COMMENTS
General Manager English provided closing comments.

Council/Board Members provided comments regarding Community Workforce Agreements.

9.ADJOURNMENT
Mayor/Chair Waage adjourned the meeting at 8:22 p.m.
________________________ ________________________
Caren Ray Russom Karen Bright
Mayor, Arroyo Grande Mayor, Grover Beach
ATTEST: ATTEST:
________________________ ________________________
Jessica Matson Wendi Sims,
City Clerk, Arroyo Grande City Clerk, Grover Beach ________________________ ________________________
Ed Waage Ed Waage
Mayor, Pismo Beach Chair, CCBRRWA
ATTEST: ATTEST:
________________________ ________________________
Erica Inderlied Kelly Wetmore
City Clerk, Pismo Beach Interim Clerk, CCBRRWA

9.A-13Council Agenda 7-18-2023
Attachment 2

DRAFT MINUTES
Pismo Beach City Council
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.B: Public Employee Performance Evaluation
Pursuant to Government Code Section 54957(b)
Title: City Attorney

9.A-14Council Agenda 7-18-2023
Attachment 3

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.

9.A-15Council Agenda 7-18-2023
Attachment 3

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 Tem 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.

3. 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 Rodriguez, Parks, Recreation and Beautification Commission Chair.

9.A-16Council Agenda 7-18-2023
Attachment 3

5. PUBLIC COMMENT PERIOD

Call for public comment:

Dave Daguerre 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

9.A-17Council Agenda 7-18-2023
Attachment 3

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.

9.A-18Council Agenda 7-18-2023
Attachment 3

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.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.

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 Façade Option (Garcia)

Recommendation: Provide direction to staff on the preferred façade option for the fire station.

Presenting staff:

Jorge Garcia, Interim City Manager

Supplemental material submitted into the record.

Call for public comment: No comment.

9.A-19Council Agenda 7-18-2023
Attachment 3

Action: Consensus among the Council to direct staff to pursue façade Option A, modified to incorporate the fire apparatus bays as depicted in Option C, as shown in staff’s 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

9.A-20Council Agenda 7-18-2023
Attachment 3

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 Façade Option (Garcia)

This item was reordered and heard prior to Item 11.A.

Item 12.B: 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.

9.A-21Council Agenda 7-18-2023
Attachment 3

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.

9.A-22Council Agenda 7-18-2023
Attachment 3

14. ADJOURNMENT

At 7:05 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

9.A-23Council Agenda 7-18-2023
Attachment 3

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