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Pismo Beach City Council
June 4, 2024

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Minutes
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June 4, 2024
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Pismo Beach City Council
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Approved June 18, 2024 CCM-2024-06-04 Regular

MINUTES
Pismo Beach City Council
Tuesday, June 4, 2024

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 Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton

Staff Present:

Nadia Feeser, Administrative Services Director
Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney
Jorge Garcia, City Manager
Erica Inderlied, City Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
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.

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City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular

4. PRESENTATIONS

Item 4.A: Proclamation: Recognizing June 19, 2024 as Juneteenth Day (SLO County NAACP)

Presented to Sylvia Henson, NAACP SLO.

Item 4.B: Proclamation: Recognizing June 7, 2024 as Hunger Awareness Day (SLO Food Bank)

Presented to Andrea Keisler, SLO Food Bank.

Item 4.C: Presentation: Introduction of Police K-9 “Kylo” (Smith)

Police Chief Smith and Police Officer Matt Downs introduced Police K-9 Officer Kylo.

5. PUBLIC COMMENT PERIOD

Call for public comment:

Richard DeClark commented.

Cynthia Replogle commented.

Don Day commented.

Richard Brotherton commented.

6. CITY MANAGER’S REPORT

City Manager Garcia commented on various topics.

7. CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT

City Attorney Fleishman commented on various topics.

8. COUNCIL COMMITTEE REPORTS

The Council reported on recent and upcoming meetings of various external bodies:

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.

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City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular

9. CONSENT CALENDAR

Call for public comment: No comment.

Action: Adopt Consent Calendar.

Motion: Newton
Second: Reiss

Vote: The motion passed on the following vote (Items 9.A through 9.K):

Ayes: 5 Newton, Reiss, Guthrie, Inman, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0

Item 9.A: Adoption of Meeting Minutes (Inderlied)

Recommendation:

Adopt Minutes of the May 21, 2024 Regular Joint Meeting.

Item 9.B: Payroll Register and Register of Demands (Feeser)

Recommendation:

1. Approve the Summary of Payroll Register for May 19, 2024;

2. Approve the Register of Demands for May 10, 2024.

Item 9.C: Monthly Investment Transaction Report of the City’s Cash and Investments for April 2024 of Fiscal Year 2024 (Feeser)

Recommendation:

No action recommended; for information only.

Item 9.D: Fiscal Year 2025 Appropriations Limit (Gann Limit) (Feeser)

Recommendation:

Adopt a Resolution accepting the Fiscal Year 2025 Appropriations Limit for the City of Pismo Beach.

Legislative Record: Resolution R-2024-032 adopted.

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City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular
Item 9.E: Calling November 5, 2024 General Municipal Election; Request to Board of Supervisors for Consolidation (Inderlied)

Recommendation:

1. Adopt a Resolution calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the laws of the state of California relating to general law cities;

2. Adopt a Resolution requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 5, 2024 with the statewide general election to be held on the date, pursuant to Elections Code Section 10403.

Legislative Record: Resolution R-2024-033 adopted.

Legislative Record: Resolution R-2024-034 adopted.

Item 9.F: Authorization for Change Order #4 with Jack Handley Construction and Notice of Completion for the Chapman Estate ADA Restroom Remodel and Addition Project (Fine)

Recommendation:

1. Adopt a Resolution authorizing the City Manager to execute Change Order #4 with Jack Handley Construction Services in the amount of $252,033.26 and appropriating related budget
adjustments;

2. Accept the Chapman Estate ADA Restroom Remodel and
Addition Project as complete;

3. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.

Legislative Record: Resolution R-2024-035 adopted.

Item 9.G: Contract Amendment #3 with Brenntag Pacific for Supply of Sodium Bisulfite (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #3 to the existing Professional Services Agreement with Brenntag Pacific, Inc. to supply sodium bisulfite in an amount not to exceed $58,968 for Fiscal Year 2025 and appropriating related budget adjustments.

Legislative Record: Resolution R-2024-036 adopted.

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City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular
Item 9.H: Notice of Completion for the City Hall Exterior Improvement Project (Fine)

Recommendation:

1. Accept the City Hall Exterior Improvement Project as complete;

2. Authorize the City Manager to sign, and the City Clerk to record, a Notice of Completion for the project.

Item 9.I: Award of Contract to CBJ Building Maintenance, Inc. for Janitorial Services for City Facilities (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with CBJ Building Maintenance, Inc. in the amount of $762,125.70 to provide janitorial services for the City of Pismo Beach for Fiscal Years 2025 through 2027 and appropriating related budget adjustments.

Legislative Record: Resolution R-2024-037 adopted.

Item 9.J: Contract Amendment #2 with Olin Corporation for Supply of Sodium Hypochlorite (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Amendment #2 to the existing Professional Services Agreement with Olin Corporation, dba Olin Chlor Alkali Products and Vinyls to supply sodium hypochlorite in an amount not to exceed $126,360 for Fiscal Year 2025 and appropriating related budget adjustments.

Legislative Record: Resolution R-2024-038 adopted.

Item 9.K: Amendment #3 to the Professional Services Agreement with SP Maintenance Services, Inc. for Parking Lot and Street Sweeping (Fine)

Recommendation:

Adopt a Resolution authorizing the City Manager to execute Contract Amendment #3 with SP Maintenance Services, Inc. in the amount of $61,892 per year for two years of parking lot and street sweeping for fiscal years 2025 and 2026.

Legislative Record: Resolution R-2024-039 adopted.

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City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular

10. ITEMS PULLED FROM CONSENT

None.

11. PUBLIC HEARINGS

None.

12. BUSINESS ITEMS

Item 12.A: Fire Department Semi-Annual Report (Lee)

Recommendation:

Receive Fire Department briefing.

Presenting staff:

Jorge Garcia, City Manager
Paul Lee, Battalion Chief
John Owens, Fire Unit Chief

Supplemental material submitted into the record.

Call for public comment: No comment.

Action: No action.

Item 12.B: Extending and Modifying a Sales And Use Tax (Garcia)

Recommendation:

1. Adopt a Resolution ordering the submission to the qualified electors of the City a measure relating to the extension and modification of a local transaction and use tax at the General Election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare an impartial analysis thereof.

2. Introduce an Ordinance amending Title 3, Chapter 3.22, of the Pismo Beach Municipal Code extending and modifying a transactions and use tax to be administered by the California Department of Tax and Fee Administration.

3. Adopt a Resolution setting priorities for filing written arguments regarding a City measure submitted at the November 5, 2024, General Municipal Election.

4. Adopt a Resolution providing for the filing of rebuttal arguments for a City measure submitted at the November 5, 2024, General Municipal election.

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City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular
Presenting staff:

Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager

Supplemental material submitted into the record.

Call for public comment:

Donny Martin commented.

Don Day commented.

Action: Majority consensus in support of directing the City Manager to prepare the primary argument in favor of the measure.

Action: Adopt a Resolution ordering the submission to the qualified electors of the City a measure relating to the extension and modification of a local transaction and use tax at the General Election to be held on Tuesday, November 5, 2024, and directing the City Attorney to prepare an impartial analysis thereof.

Motion: Reiss
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 4 Reiss, Guthrie, Inman, Waage
Noes: 1 Newton

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2024-040 adopted.

Action: Introduce an Ordinance amending Title 3, Chapter 3.22, of the Pismo Beach Municipal Code extending and modifying a transactions and use tax to be administered by the California Department of Tax and Fee Administration.

Motion: Reiss
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 4 Reiss, Guthrie, Inman, Waage
Noes: 1 Newton

Absent: 0
Abstain: 0
Recused: 0
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City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular
Legislative Record: Ordinance O-2024-XXX introduced.

Action: Adopt a Resolution setting priorities for filing written arguments regarding a City measure submitted at the November 5, 2024, General Municipal Election, with the following revision:

1. Authorize all five members of the City Council to sign argument(s) pertaining to the measure.

Motion: Reiss
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 4 Reiss, Guthrie, Inman, Waage
Noes: 1 Newton

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2024-041 adopted.

Action: Adopt a Resolution providing for the filing of rebuttal arguments for a City measure submitted at the November 5, 2024, General Municipal election.

Motion: Reiss
Second: Guthrie

Vote: The motion passed on the following vote:

Ayes: 4 Reiss, Guthrie, Inman, Waage
Noes: 1 Newton

Absent: 0
Abstain: 0
Recused: 0

Legislative Record: Resolution R-2024-042 adopted.

13. CITY COUNCIL COMMENTS AND REQUESTS

Consensus to direct staff to return at the June 18, 2024 meeting with an information item regarding education and enforcement of clamming regulations.

Consensus to direct staff to return with an information item regarding roof deck regulations, including the potential expansion of the applicable Shell Beach Design Guidelines to the rest of the city.

DocuSign Envelope ID: 71AE76C4-5F87-4680-B22A-45AA06F6FC7F

City Council Meeting Minutes June 4, 2024
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Approved June 18, 2024 CCM-2024-06-04 Regular

14. ADJOURNMENT

At 7:25 p.m.

APPROVED: ATTEST:

________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk

DocuSign Envelope ID: 71AE76C4-5F87-4680-B22A-45AA06F6FC7F

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