()SY OF
MINUTES
Pismo Beach City Council
Tuesday, July 18, 2023
Ar0 BEP
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 4:30 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 (via teleconference)
Council Member Scott Newton
Staff Present:
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
Jeff Smith. Chief of Police
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.
Item 3.A: Conference with Real Property Negotiators (Government Code §54956.8) Property: APN: 005-076-027, 350 Pismo Avenue, Pismo Beach Agency Negotiator: Jorge Garcia
Negotiating Parties: Joseph Wolosz
Under Negotiation: Price and Terms of Payment
Item 3.13: Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code §54956.9: One potential case
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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
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above items.
5. ADJOURNMENT
At 5:29 p.m. to the 5:30 p.m. Regular Meeting.
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1 City Council Meeting Minutes July 18, 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 (via teleconference)
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, Interim City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Mayor Pro Tern Reiss led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
None
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5. PUBLIC COMMENT PERIOD
Call for public comment:
The following commented:
Panchal(Harrv) Himanshu
Rick Morefield
Julie Tacker
Marie Angelus
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:
Mayor Waage:
San Luis Obispo Council of Governments (SLOCOG) Board.
San Luis Obispo County Community Fire Safe Council.
9. CONSENT CALENDAR
Call for public comment:
Julie Tacker commented.
Action: Adopt Consent Calendar.
Motion: Guthrie
Second: Newton
Vote: The motion passed on the following vote (Items 9.A through 9.F) Ayes:
5 Guthrie, Newton, Inman, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused: 0
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Julv 18, 2023
Item 9.A: Adoption of Meeting Minutes (Inderlied)
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.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for June 4, 2023;
2. Approve the Register of Demands for June 2, 2023 and June 9, 2023.
Item 9.C: Monthly Investment Transaction Report of the City's Cash and Investments for May 2023 of FY 2022-2023 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.13: Paid Parking Quarterly Update —Fourth Quarter of Fiscal Year 2023 (Downing)
' Recommendation:
No action recommended; for information only.
Item 9.E: Amendment #8 to The Agreement with Rincon Consultants, Inc. for Professional Services Related to Central Coast Blue Environmental Documents (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #8 to the existing Professional Services Agreement with Rincon Consultants, Inc. for Preparation of Environmental Documents for Central Coast Blue in the amount of $10,308.
Legislative Record: Resolution R-2023-048 adopted.
Item 9.F: Notice of Completion for the North Shell Beach Road Storm Drain Repair Project (Fine)
Recommendation:
1. Accept the North Shell Beach Road Storm Drain Repair Project as complete,
2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the Project.
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10. ITEMS PULLED FROM CONSENT
None.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Regional Housing & Infrastructure Plan (Downing) Recommendation:
1. Discuss and consider support for the Regional Housing and Infrastructure Plan, as a recommitment to the 2020 San Luis Obispo Countywide Regional Compact; and
2. Direct staff to continue discussing ways to utilize and implement the Regional Housing and Infrastructure Plan.
Presenting staff:
Matt Downing, Community Development Director
Jorge Garcia, Interim City Manager
Guest presenters:
Carolyn Berq, Koble Collaborative
Call for public comment: No comment.
Action: Consensus to support the Regional Housing and Infrastructure Plan, as a recommitment to the 2020 San Luis Obispo Countywide Regional Compact, and to direct staff to continue discussing ways to utilize and implement the Regional Housing and Infrastructure Plan.
Motion: Guthrie
Second: Inman
Vote: The motion passed on the following vote
Ayes:
5 Guthrie, Inman, Newton, Reiss, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 PAGE 6 OF 11
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Item 12.B: Agreement with F&H Construction for the Design -Build Construction of a Public Safety Facility (Department Heads)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into an agreement with F&H Construction in the amount of $42,366,450 for construction of a Public Safety Facility.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, Interim City Manager
Call for public comment:
Don Day commented.
Action: Adopt a Resolution authorizing the City Manager to enter into an agreement with F&H Construction in the amount of $42,366,450 for construction of a Public Safety Facility.
Motion: Reiss
Second: Guthrie
Vote: The motion passed on the following vote:
V Ayes:
5 Reiss, Guthrie, Inman, Newton, Waage
Noes:
0 Absent:
0 Abstain:
0 Recused:
0 Legislative Record: Resolution R-2023-049 adopted.
Item 12.C: Agreement with CLAD Consulting, Inc. for Project Management of Relocation of Emergency Services Related to the Public Safety Facility (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with CLAD Consulting, Inc. in the amount of $63,250 for Project Management, Coordination, Construction Management and Construction Inspection Services for emergency services temporary facilities.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Interim City Manager
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Call for public comment:
Don Day commented.
Action: Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with CLAD Consulting, Inc. in the amount of $63,250 for Project Management, Coordination, Construction Management and Construction Inspection Services for emergency services temporary facilities.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Guthrie, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-050 adopted.
Item 12.D: Award of Contracts to Brough Construction, Inc. and CLAD Consulting, Inc. for the Palisades and Chumash Parks Playground Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to:
1. Execute a contract with Brough Construction, Inc. for construction of the Palisades and Chumash Parks Playground project in the amount of $1,445,380; and
2. Enter into a Professional Services Agreement with CLAD Consulting, Inc. in the amount of $129,248 for Construction Management, Inspection & Administration Services.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Interim City Manager
Call for public comment: No comment.
Action: Adopt a Resolution authorizing the City Manager to: 1. Execute a contractwith Brough Construction, Inc. forconstruction of the Palisades and Chumash Parks Playground project in the amount of $1,445,380; and 2.
Enter into a Professional Services Agreement with CLAD Consulting, Inc.
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City Council Meeting Minutes July 18, 2023
in the amount of $129,248 for Construction Management, Inspection & Administration Services.
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 Legislative Record: Resolution R-2023-051 adopted.
Item 12.E: Direction on Short -Term Rental Ordinance Update (Downing) Recommendation: Provide direction to staff regarding desired modifications to the City's short-term rental regulations.
Presenting staff:
Matt Downing, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, Interim City Manager
Call for public comment:
The following commented:
Anthony Lopez
Jim Maples
Ed Henry
Shellv Higginbotham
Jeff Reynolds
Tedd
Action: Consensus in support of providing the following direction to staff:
Proceed with drafting revised Short -Term Rental ordinance(s) for Council consideration that incorporate the following, to the greatest extent deemed legally feasible:
A. Accept no new applications for Short -Term Rental licenses; PAGE 9OF11
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Item 12.F:
B. "Grandfather" existing licensed Short -Term Rentals such that:
1. Existing licensees as of the effective date of the revised regulations shall be required to reapply one year after the effective date, and to obtain a license in compliance with the revised regulations;
2. Thereafter, only require reinspection after an extended interval of time such as 5 years, provided that the licensee complies with applicable regulations and is not the subject of complaints;
3. In the event a licensee allows their license to lapse, or has their license revoked after due code enforcement proceedings, do not issue another license in its stead;
C. Evaluate the potential for stricter enforcement provisions; specifically as to the types of violations that constitute significant violations; and stricter penalties for unlicensed operators;
D. Continue to explore an arrangement with Airbnb and/or other similar platforms for the sharing of booking data in furtherance of ordinance enforcement.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Emergency Fire Suppression Water Service To Coastal Christian School At 1005 North Oak Park Boulevard (Fine)
Recommendation: Discuss Coastal Christian School's request for a direct connection to the City's water supply infrastructure to supply emergency fire suppression to the school's Multipurpose Building's fire suppression sprinklers only, and provide direction to staff on a modification to the existing agreement between the City and the school, if desired.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, Interim City Manager
Call for public comment:
The following commented:
Carol Florence
Tedd
A
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Action: Direct staff to pursue a modification to the existing agreement between the City and Coastal Christian School for a direct connection to the City's water supply infrastructure to supply emergency fire suppression to the school's Multipurpose Building's fire suppression sprinklers only, and return with the agreement for the Council's consideration at the next available juncture.
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
13. CITY COUNCIL COMMENTS AND REQUESTS
None.
' 14. ADJOURNMENT
At 8:29 p.m.
APP VED:
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Ed Waage, Mayor
ATTEST:
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E 'Inclertie f l Clerk y Ck
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Approved August 1, 2023 CCM-2023-07-18 Closed and Regular