L\TY OF
MINUTES
Pismo Beach City Council
A,`MoeePc� Tuesday, November 7, 2023
Special Closed Session-5:00 p.m.
F--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 4:00 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Pro Tern Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie (arrived 5:35 p.m.)
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
Matt Downing, Community Development Director
David Fleishman, City Attorney
Jorge Garcia, City Manager
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 3.A: 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
The Council retired to Closed Session to consider the above items.
4. CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
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Approved December 5, 2023 CCM-2023-11-07 Closed and Regular
City Council Meeting Minutes November 7, 2023
5. ADJOURNMENT
At 5:20 p.m., to the 5:30 p.m. Regular Meeting.
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Council Meeting Minutes
November 7, 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 Pro Tem Mary Ann Reiss Mayor Ed Waage
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
There was consensus among the Council to note Mayor Waage's absence as excused.
Staff Present:
Matt Downing, Community Development Director
Nadia Feeser, Administrative Services Director
Benjamin Fine, Public Works Director/City Engineer (via teleconference) David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Paul Lee, Battalion Chief
Jeff Smith, Chief of Police
Other staff present as noted below
2. PLEDGE OF ALLEGIANCE
Council Member Newton led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
Item 4.A: Proclamation: A Proclamation Recognizing November 2023 as "National Hospice and Palliative Care Month" (Hospice of San Luis Obispo County)
Presented to Karen Perry, Hospice of San Luis Obispo County.
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Approved December 5, 2023 CCM-2023-11-07 Closed and Regular
Council Meeting Minutes November 7, 2023
5. PUBLIC COMMENT PERIOD
Call for public comment:
Shelly Higginbotham commented.
6. CITY MANAGER'S REPORT
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 5:00 p.m. Closed Session.
8. COUNCIL COMMITTEE REPORTS
9. CONSENT CALENDAR
Call for public comment: No comment.
Council Member Inman requested that Item 9.E: Fiscal Year 2024 First Quarter Financial Status Report; Item 91: Updated Advisory Body Bylaws and Handbook; Item 9.M:
Amendment of the City's Classification Plan to Include an Updated Job Specification for Assistant City Manager and Creating a Capital Projects Manager Specification, and Approving a Revised Combined Salary Schedule, be pulled for discussion.
Action: Adopt Consent Calendar.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote (Items 9.A through 9.D; Items 91 through 9.K):
Ayes:
4 Newton, Inman, Guthrie, Reiss
Noes:
0 Absent:
1 Waage
Abstain:
0 Recused:
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Council Meeting Minutes
November 7, 2023
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the March 30, 2023 Closed Session.
2. Adopt Minutes of the October 17, 2023 Regular Joint Meeting.
Item 9.B: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for October 8, 2023;
2. Approve the Register of Demands for October 6, 2023 and October 13, 2023.
Item 9.C: Monthly Investment Transaction Report of the City's Cash and Investments for September 2023 of FY 2024 (Feeser)
Recommendation:
No action recommended; for information only.
Item 9.D: Update on January 9, 2023 and January 12, 2017 Emergency Proclamations (Inderlied)
Recommendation:
No action recommended; for information only.
Item 9.E: Fiscal Year 2024 First Quarter Financial Status Report (Feeser) Pulled from the Consent Calendar for discussion.
Item 9.F: Quarterly Investment Report for the Three Months of July through September 2023—the First Quarter of FY 2024 (Feeser) Recommendation:
No action recommended; for information only.
Item 9.G: Notice of Completion for the Ocean Boulevard Improvements Project (Fine)
Recommendation:
1. Accept the Ocean Boulevard Improvements 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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Minutes
Item 9.H:
Item 9.1:
Item 9.J
November 7. 2023
Traffic Safety Committee Recommendations to City Council (Fine)
Recommendation:
1. Receive a report on the items considered at the most recent Traffic Safety Committee meeting;
2. Adopt a Resolution authorizing the installation of red curb and "No Parking" signs on Indio Drive and corresponding update to the Striping Atlas.
Legislative Record: Resolution R-2023-082 adopted.
Proposition 68 Per Capita Program Grant Funding Pass -
Through to Templeton Community Services District (Fine) Recommendation:
Adopt a Resolution authorizing an amendment to Contract No.
C9801608 with the State of California to allow the pass through of the City of Pismo Beach Per Capita Grant Fund allocation.
Legislative Record: Resolution R-2023-083 adopted.
Union Pacific Railroad Easement Agreements for Central Coast Blue Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into two agreements with Union Pacific Railroad (UPRR) for easements allowing two crossings of the UPRR right-of-way for infrastructure for Central Coast Blue.
Legislative Record: Resolution R-2023-084 adopted.
Item 9.K: Amendment #2 to the Agreement with Hunter Smith & Associates, Inc. for the Chapman Estate ADA Restroom
Remodel and Addition Project (Fine)
Recommendation:
Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Hunter Smith & Associates, Inc. in the amount of $26,597.17 for Construction Management Services for the Chapman Estate ADA Restroom and Remodel Project.
Legislative Record: Resolution R-2023-085 adopted.
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Approved December 5, 2023 CCM-2023-11-07 Closed and Regular
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Item 9.L:
Updated Advisory Body Bylaws and Handbook (Inderlied)
Pulled from the Consent Calendar for discussion.
Item 9.M: Amendment of the City's Classification Plan to Include an Updated Job Specification for Assistant City Manager and Creating a Capital Projects Manager Specification, and
Approving a Revised Combined Salary Schedule (Buchanan) Pulled from the Consent Calendar for discussion.
10. ITEMS PULLED FROM CONSENT
Item 9.E: Fiscal Year 2024 First Quarter Financial Status Report (Feeser) Recommendation: No action recommended; for information only.
Action: No action.
Item 91: Updates Advisory Body Bylaws and Handbook (Inderlied) Recommendation:
1. Adopt a Resolution adopting revised Bylaws for the Conference and Visitors Bureau Board; rescinding Resolution R-2020-011;
2. Adopt a Resolution adopting revised Bylaws for the Parking Advisory Committee; rescinding Resolution R-2020-012;
3. Adopt a Resolution adopting revised Bylaws for the Parks, Recreation and Beautification Commission; rescinding Resolution R-2020-013;
4. Adopt a Resolution adopting revised Bylaws for the Planning Commission; rescinding Resolution R-2020-014.
5. Adopt a Resolution adopting an updated Pismo Beach Advisory Body Handbook; rescinding Resolutions R-2020-015.
Action: Consensus to:
1. Continue this item until January 16, 2023.
2. Incorporate consideration of an update to the Conflict of Interest Code, relating to required disclosures from common-law conflicts of interest, to the scope of the item.
In support: 4 Guthrie, Inman, Newton, Reiss
In opposition: 0
Absent: 1 Waage
Abstain: 0
Recused: 0
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Approved December 5, 2023 CCM-2023-11-07 Closed and Regular
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Item 9.M: Amendment of the City's Classification Plan to Include an Updated Job Specification for Assistant City Manager and Creating a Capital Projects Manager Specification, and Approving a Revised Combined Salary Schedule (Buchanan)
Recommendation:
Adopt a Resolution amending the City's Classification Plan to include an updated existing classification, creating a new job specification, and revising the combined salary schedule.
Presenting staff:
Jorge Garcia, City Manager
Action: Adopt a Resolution amending the City's Classification Plan to include an updated existing classification, creating a new job specification, and revising the combined salary schedule.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
4 Newton, Guthrie, Inman, Reiss
Noes:
0 Absent:
1 Waage
Abstain:
0 Recused:
0 Legislative Record: Resolution R-2023-086 adopted.
11. PUBLIC HEARINGS
None.
12. BUSINESS ITEMS
Item 12.A: Shell Beach Road Multi -Use Path Configuration (Fine) Recommendation:
1. Provide staff with direction on how to proceed with the Shell Beach Road Multi -Use Path.
2. Should the City Council direct staff to proceed with the Multi -Use Path:
Adopt a Resolution Approving Notice of Exemption No. 2023-023 for the Shell Beach Road Shared Use Path Extension Project.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
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November 7, 2023
' Guest presenters:
Stephen Hanamaikai, San Luis Obispo Council of Governments Jorge Aguilar, Wallace Group
Call for public comment:
Marilee Hyman commented.
Jeff Reynolds commented.
Action: Direct staff to proceed with "Alternative 2," a pathway on the ocean side of Shell Beach Road, for the Shell Beach Road Multi -Use Path project.
In support: 4 Guthrie, Inman, Newton, Reiss
In opposition: 0
Absent: 1 Waage
Abstain: 0
Recused: 0
Action: Adopt a Resolution Approving Notice of Exemption No. 2023-023 for the Shell Beach Road Shared Use Path Extension Project.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 4 Newton, Guthrie, Inman, Reiss
Noes: 0
Absent: 1 Waage
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2023-087 adopted.
Item 12.B: Introduction (First Reading) of an Ordinance Modifying Chapter 5.22 of the Pismo Beach Municipal Code Regarding Short -Term Rentals (Downing)
Recommendation:
Introduce an Ordinance amending Chapter 5.22 of the Pismo Beach Municipal Code, relating to administrative regulations of vacation rentals, short-term rentals, and homestays.
Presenting staff:
Matt Downing, Community Development Director
David Fleishman, City Attorney
ILJorge Garcia, City Manager
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Call for public comment:
Diana DeGarmo commented.
Jeff Reynolds commented.
Shelly Higginbotham commented.
Shauna Wills commented.
Action: Introduce an Ordinance amending Chapter 5.22 of the Pismo Beach Municipal Code, relating to administrative regulations of vacation rentals, short-term rentals, and homestays, with the following revisions:
1. Revise Section 5.22.130 D. to indicate that licensed properties shall be inspected for two years rather than five.
2. Revise Section 5.22.140 B.1. to add a new subsection c. to read as follows: "In addition to the penalties imposed under subsection a., upon a third violation of the same provision within a rolling one (1) year period, the Community Development Director shall revoke the short-term rental license."
Motion: Guthrie
Second: Inman
Vote: The motion passed on the following vote
Ayes:
4 Guthrie, Inman, Newton, Reiss
Noes:
0 Absent:
1 Waage
Abstain:
0 Recused:
0 Legislative Record: Ordinance 0-2023-XXX introduced.
Item 12.C: Introduction (First Reading) of Sewer Use Ordinance (Fine) Recommendation:
Introduce an Ordinance Adding Chapter 13.12: Pretreatment Ordinance and Amending Chapter 13.14: Sewer Use, of the City of Pismo Beach Municipal Code, Relating to the City's Advanced Water Purification Facility.
Presenting staff:
Benjamin Fine, Public Works Director/City Engineer
Jorge Garcia, City Manager
Call for public comment: No comment.
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Action: Introduce an Ordinance Adding Chapter 13.12: Pretreatment Ordinance and Amending Chapter 13.14: Sewer Use, of the City of Pismo Beach Municipal Code, Relating to the City's Advanced Water Purification Facility.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote
Ayes:
4 Newton, Guthrie, Inman, Reiss
Noes:
0 Absent:
1 Waage
Abstain:
0 Recused:
0 Legislative Record: Ordinance 0-2023-XXX introduced.
Item 12.D: Police Department Semi -Annual Update (Smith) Recommendation:
Receive Police Department Semi -Annual Update.
Presenting staff:
Jorge Garcia, City Manager
Jeff Smith, Chief of Police
Call for public comment:
Tedd commented.
Action: No action.
Item 12.E: Presentation on Recruitment and Hiring Incentive Program (Buchanan) Recommendation:
Receive a presentation on the City's Administrative Policy for recruitment and hiring incentives.
Presenting staff:
Jorge Garcia, City Manager
Call for public comment:
Tedd commented.
Action: No action.
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Approved December 5, 2023 CCM-2023-11-07 Closed and Regular
City Council Meeting Minutes November 7, 2023
13. CITY COUNCIL COMMENTS AND REQUESTS '
No action.
14. ADJOURNMENT
At 9:07 p.m.
ATTEST•
Er' nderlied, CVJClerk
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Approved December 5, 2023 CCM-2023-11-07 Closed and Regular