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PISMO BEACH CITY COUNCIL STAFF REPORT
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Pc� Agenda Item #9.A
Meeting Date: August 20, 2024
TITLE:
Adoption of Meeting Minutes
RECOMMENDATION:
1. Adopt Minutes of the July 30, 2024 Closed Session.
2. Adopt Minutes of the July 31, 2024 Special Meeting.
3. Adopt Minutes of the August 6, 2024 Special and Regular Meeting.
DISCUSSION:
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.
ATTACHMENTS:
1. Draft Minutes of the July 30, 2024 Closed Session.
2. Draft Minutes of the July 31, 2024 Special Meeting.
3. Draft Minutes of the August 6, 2024 Special and Regular Meeting.
Submitted by:
Erica Inderlied, City Clerk
City Manager Approval:
Council Agenda 8-20-2024 9.A-1
Attachment 1
Y
DRAFT MINUTES
- Pismo Beach City Council
A•SMo BEPcs Tuesday, July 30, 2024
Special Closed Session-2:00 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 2:00 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:
David Fleishman, City Attorney
Jorge Garcia, City Manager
Mike James, Assistant City Manager
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session items listed below.
Item 2.A: Conference with Legal Counsel — Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: V. Lopez Jr. & Sons General Engineering Contractors, Inc. vs. City of Pismo Beach
San Luis Obispo Superior Court Case No. 20CV-0652
3. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
4. CLOSED SESSION
The Council retired to Closed Session to consider the above items.
Council Agenda 8-20-2024 9.A-2
Attachment 1
5. CLOSED SESSION REPORT
City Attorney Fleishman reported that no reportable action was taken on the above item(s).
6. ADJOURNMENT
At 2:55 p.m.
APPROVED: ATTEST:
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 8-20-2024 9.A-3
Attachment 2
Y
DRAFT MINUTES
- Pismo Beach City Council
A•SMoBEP`'� Wednesday, July 31, 2024
Special Meeting-2:00 p.m.
Admin Conference Room, City Hall, 760 Mattie Road, 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: 2:00 p.m.
1. ROLL CALL:
Present: Absent:
Mayor Ed Waage Council Member Scott Newton
Mayor Pro Tern Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Staff Present:
Erica Inderlied, City Clerk
2. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
3. AGENDA ITEMS
Item 3.A: Parking Advisory Committee Interviews and Appointment (Inderlied) Recommendation:
1. Conduct interviews of applicants for one vacant seat on the Parking Advisory Committee (PAC);
2. Complete a ballot selecting a preferred candidate for the vacant Parking Advisory Committee seat for the term of August 1, 2024—February 28, 2026.
Presenting staff:
Erica Inderlied, City Clerk
Council Agenda 8-20-2024 9.A-4
Attachment 2
The City Council conducted the following interviews:
Bernie Ringer-Britz, for the Parking Advisory Committee.
David Jewell, for the Parking Advisory Committee.
Action: Make the following appointment:
• Parking Advisory Committee
Bernie Ringer-Britz, for a two-year term ending February 28, 2026.
In support: 4 Guthrie, Inman, Reiss, Waage
In opposition: 0
Absent: 1 Newton
Abstain: 0
Recused: 0
4. CITY COUNCIL COMMENTS AND REQUESTS
No action.
5. ADJOURNMENT
At 3:10 p.m.
APPROVED: ATTEST:
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 8-20-2024 9.A-5
Attachment 3
Wt
DRAFT MINUTES
Pismo Beach City Council
CENTRAL Central Coast Blue Regional Recycled
Water Authority Board of Directors
• Tuesday, August 6, 2024
COAST BLUE
Regular Joint 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 and the Board of Directors of the Central Coast Blue Regional Recycled Water Authority met this date in a regular joint session with Mayor/Chair Waage presiding.
CALL TO ORDER: 5:30 p.m.
1. ROLL CALL:
City Council:
Present: Absent:
Mayor Ed Waage None
Mayor Pro Tern Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
CCB RRWA Board of Directors:
Present: Absent:
Chair Ed Waage (City of Pismo Beach) None
Vice-Chair Mary Ann Reiss (Pismo Beach Public Financing Agency) Staff Present:
Nadia Feeser, Administrative Services Director/Treasurer Scot Graham, Community Development Director
Benjamin Fine, Public Works Director/City Engineer
David Fleishman, City Attorney/Authority Attorney
Jorge Garcia, City Manager/General Manager
Erica Inderlied, City Clerk/Secretary
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
Council Agenda 8-20-2024 9.A-6
Attachment 3
2. PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
By consensus, Item 12.A was reordered to be considered prior to Presentations.
12. BUSINESS ITEMS
This item was reordered.
Item 12.A: Recission of Resolution Declaring V. Lopez Jr. & Sons as a Non- Responsible Bidder (Garcia)
Recommendation:
Adopt a Resolution rescinding Resolution R-2023-018, relating to the declaration of V. Lopez Jr. & Sons, General Engineering Contractors, Inc., as a non-responsible bidder.
Presenting staff:
David Fleishman, City Attorney
Jorge Garcia, City Manager
Call for public comment: No comment.
Action: Adopt a Resolution rescinding Resolution R-2023-018, relating to the declaration of V. Lopez Jr. & Sons, General Engineering Contractors, Inc., as a non-responsible bidder.
Motion: Reiss
Second: Inman
Vote: The motion passed on the following vote:
Ayes: 5 Reiss, Inman, Guthrie, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2024-049 adopted.
Action: Waive Closed Session confidentiality with respect to email communications that were presented to the City Council as part of prior Closed Session proceedings pertaining to the matter of V. Lopez Jr. & Sons Council Agenda 8-20-2024 9.A-7
Attachment 3
General Engineering Contractors, Inc. vs. City of Pismo Beach, San Luis Obispo Superior Court Case No. 20CV-0652.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote:
Ayes: 3 Newton, Guthrie, Reiss
Noes: 2 Inman, Waage
Absent: 0
Abstain: 0
Recused: 0
4. PRESENTATIONS
None.
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 had nothing to report.
8. COUNCIL COMMITTEE REPORTS
The Council reported on recent and upcoming meetings of various external bodies:
Council Member Inman:
Shell Beach Improvement Group.
Council Member Guthrie:
San Luis Obispo County Homeless Services Oversight Council.
Council Agenda 8-20-2024 9.A-8
Attachment 3
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Inman
Second: Reiss
Vote: The motion passed on the following vote (Items 9.A through 9.F):
Ayes: 5 Inman, Reiss, Guthrie, Newton, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
Adopt Minutes of the July 16, 2024 Regular Meeting.
Item 9.13: Payroll Register and Register of Demands (Feeser) Recommendation:
1. Approve the Summary of Payroll Register for July 14, 2024;
2. Approve the Register of Demands for July 12, 2024 and July 19, 2024.
Item 9.C: Adoption (Second Reading) of an Ordinance Effecting a Code Enforcement Penalty Update (Inderlied)
Recommendation:
Adopt an Ordinance amending Chapter 9.04 and Chapter 12.20 relating to penalties for certain municipal code violations.
Legislative Record: Ordinance 0-2024-001 adopted.
Item 9.13: Purchase of Holiday Lights and Decorations (Fine) Recommendation:
Adopt a Resolution authorizing the City Manager to execute a purchase order with St. Nick's Commercial Design & Decor for the purchase and installation of holiday decorations in the amount of $117,280.20.
Legislative Record: Resolution R-2024-050 adopted.
Council Agenda 8-20-2024 9.A-9
Attachment 3
Item 9.E: Purchase of Four Vehicles for the Police Department (Fine) Recommendation:
Adopt a Resolution authorizing the purchase of four replacement vehicles for the Police Department from Jim Shorkey Ford in the amount of $243,948.52, and appropriating related budget adjustments.
Legislative Record: Resolution R-2024-051 adopted.
Item 9.F: Reject All Bids Received for the Digester 1 Demolition Project (Fine)
Recommendation:
Reject all bids received for the Digester 1 Demolition Project and authorize staff to re-advertise for bids.
10. ITEMS PULLED FROM CONSENT
None.
12. BUSINESS ITEMS
This item was reordered.
Item 12.13: Discussion of Rooftop Deck Policies in the Shell Beach Design Guidelines (Graham)
Recommendation:
Receive a report on the application of roof deck policies in the Shell Beach Design Guidelines and incorporation into the Zoning Code Update and provide direction to staff on desired policy changes, if any.
Presenting staff:
Scot Graham, Community Development Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.
Call for public comment: No comment.
Action: Direct staff to apply Shell Beach Design Guidelines policies regarding rooftop decks on a citywide basis, until such time that the updated General Plan / Local Coastal Program and Zoning Code are adopted.
Council Agenda 8-20-2024 9.A-10
Attachment 3
Motion: Waage
Second: Inman
Vote: The motion passed on the following vote:
Ayes: 5 Waage, Inman, Guthrie, Newton, Reiss
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
11. PUBLIC HEARINGS
Item 11.A: Protest Hearing and Certification of Weed Abatement Charges for Forwarding to the County of San Luis Obispo for Placement on 2024 Property Tax Rolls (Lee)
Recommendation:
1. Conduct a Public Hearing to hear protests from property owners regarding weed abatement charges;
2. Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2024-022, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.
Presenting staff:
Jorge Garcia, City Manager
Paul Lee, Battalion Chief
Public Hearing / Call for public comment: No comment.
Action: Adopt a Resolution certifying the amount of abatement proceedings for grass, weeds, and rubbish pursuant to Resolution R-2024-022, to be filed with San Luis Obispo County Tax Rolls, as indicated by Assessor Parcel Number per Health & Safety Code Section 14912.
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
Legislative Record: Resolution R-2024-052 adopted.
Council Agenda 8-20-2024 9.A-11
Attachment 3
12. BUSINESS ITEMS
Item 12.A: Recission of Resolution Declaring V. Lopez Jr. & Sons as a Non- Responsible Bidder (Garcia)
This item was reordered and heard prior to Presentations.
Item 12.13: Discussion of Rooftop Deck Policies in the Shell Beach Design Guidelines (Graham)
This item was reordered and heard prior to Item 11.A.
Item 12.C: Options for Closing the Northern End of Ridge Road to Vehicular Traffic (Fine)
Recommendation:
Provide staff with direction on options for the closure of the northern end of Ridge Road.
Presenting staff:
Scot Graham, Community Development Director
Jorge Garcia, City Manager
Supplemental material submitted into the record.
Call for public comment:
Shelly Higginbotham commented.
Blair Mankins commented.
Action: Consensus to direct staff to return with:
1. A resolution allowing the Council to consider approving "Option B" as outlined in staff's report, including establishing a two-foot "no access easement" across the end of Ridge Road, and then granting an "access easement" in favor of APN 079-261-001;
2. Further information about other comparable streets throughout the city.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Council Agenda 8-20-2024 9.A-12
Attachment 3
Item 12.10: Mid-Cycle Budget Adjustments for Fiscal Years 2024 and 2025 (Feeser) Recommendation:
City Council:
Adopt a Resolution approving and appropriating budget adjustments for Fiscal Years 2024 and 2025.
Board of Directors of the Central Coast Blue Regional Recycled Water Authority:
Adopt a Resolution approving and appropriating budget adjustments for FY 2025.
Presenting staff:
Nadia Feeser, Administrative Services Director/Treasurer Jorge Garcia, City Manager/General Manager
Jeff Smith, Chief of Police
Supplemental material submitted into the record.
Call for public comment: No comment.
Action: Adopt a Resolution of the City Council of the City of Pismo Beach approving and appropriating budget adjustments for Fiscal Years 2024 and 2025, with the following revision:
1. Appropriate an additional $500,000 in the Wastewater Enterprise Fund for litigation costs in Fiscal Year 2025.
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-2024-053 adopted.
Action: Adopt a Resolution of the Board of Directors of the Central Coast Blue Regional Recycled Water Authority approving and appropriating budget adjustments for FY 2025.
Motion: Reiss
Second: Waage
Council Agenda 8-20-2024 9.A-13
Attachment 3
Vote: The motion passed on the following vote:
Ayes: 2 Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution JPA-R-2024-008 adopted.
Action: Consensus to authorize the City Manager to use General Fund Contingency funds for the purpose of procuring approximately ten additional license plate readers in an amount within the City Manager's purchasing authority.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Action: Consensus to direct staff to investigate the feasibility of alternatives to solar panels as a means of delivering power to the landscape irrigation for the James Way Beautification Project, and return concepts to the City Council for consideration as soon as feasible.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.E Chapman Estate Assessment (James)
Recommendation:
1. Receive an assessment of the Chapman Estate's physical condition, operational and maintenance activities, and financial summaries;
2. Provide direction to staff regarding what actions should be implemented or studied further.
Presenting staff:
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
Council Agenda 8-20-2024 9.A-14
Attachment 3
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Supplemental material submitted into the record.
Guest presenters:
Ron Reilly, Garing Taylor & Associates
Call for public comment:
Shelly Higginbotham commented.
Lillian Jewell commented.
Larry Silvas commented.
Dave Jewell commented.
Action:
1. Direct staff to proceed with selling, or transferring pursuant to the Distribution Agreement, the properties that comprise the Chapman Estate, if within the next six months, City staff and/or the Chapman Estate Foundation are not able to procure the approximately $6.8 million in funding needed for baseline repairs to the Estate.
2. During that six-month timeframe, return to the City Council with further information about:
• Next steps that would be needed to prepare for sale or transfer; • A potential plan for incrementally funding the $6.8 million needed for baseline repairs;
• Information about potential impacts to the City's Capital Improvement Program General Fund projects if the City were to prioritize funding of the Chapman Estate.
Motion: Inman
Second: Guthre
Vote: The motion passed on the following vote:
Ayes: 5 Inman, Guthrie, Newton, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Action: Consensus to direct staff to pursue the demolition of the Gull Cottage at the Chapman Estate, and collect the insurance value minus the applicable deductible.
Council Agenda 8-20-2024 9.A-15
Attachment 3
In support: 5 Guthrie, Inman, Newton, Reiss, Waage In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
Consensus to direct staff to remove the yet-to-be-installed bench location adjacent to the Toucan Terrace open space from the James Way Beautification Project and replace it with landscaping.
Consensus to direct staff to prepare and submit to the Board of Supervisors a letter of support for its August 20, 2024 consideration of a proposal to extend the Bob Jones Trail from Avila Beach to San Luis Obispo.
14. ADJOURNMENT
At 9:16 p.m.
APPROVED: ATTEST:
Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 8-20-2024 9.A-16