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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular
MINUTES
Pismo Beach City Council
Tuesday, April 15, 2025
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 Council Member Marcia Guthrie
Mayor Pro Tem Mary Ann Reiss
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:
David Fleishman, City Attorney
Jorge Garcia, City Manager
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fleishman announced the Closed Session item listed below.
Item 2.A: Conference with Legal Counsel – Existing Litigation (Paragraph (1) of subdivision (d) of Government Code §54956.9) Name of Case: Andrew Grow Family Trust v. City of Pismo Beach, et al.
San Luis Obispo County Superior Court Case No. 23CV-0544
3. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
4. CLOSED SESSION
The Council retired to Closed Session to consider the above items.
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City Council Meeting Minutes April 15, 2025
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular
5. CLOSED SESSION REPORT
City Attorney Fleishman would report in the next regular open session that no reportable action was taken on the above item.
6. ADJOURNMENT
At 5:25 p.m., to the 5:30 p.m. Regular Meeting.
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City Council Meeting Minutes April 15, 2025
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular 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
David Fleishman, City Attorney
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Scot Graham, Community Development Director
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
Mayor Waage led the Pledge of Allegiance.
3. ACCEPTANCE OF AGENDA
No requests to reorder the agenda.
4. PRESENTATIONS
Item 4.A: Proclamation: Recognizing April 2025 as Sexual Assault Awareness Month
Presented to Juan Ramirez, Lumina Alliance.
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular
5. PUBLIC COMMENT PERIOD
Call for public comment: No comment.
6. CITY MANAGER’S REPORT
City Manager Garcia commented on various topics, including National Public Safety Telecommunicators Week.
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 Local Agency Formation Commission (SLO LAFCO).
San Luis Obispo County Community Fire Safe Council.
9. CONSENT CALENDAR
Call for public comment: No comment.
Action: Adopt Consent Calendar.
Motion: Newton
Second: Guthrie
Vote: The motion passed on the following vote (Items 9.A, 9.B, 9.C, 9.D, 9.F, 9.G, 9.I):
Ayes: 5 Newton, Guthrie, Inman, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.A: Adoption of Meeting Minutes (Inderlied)
Recommendation:
1. Adopt Minutes of the April 1, 2025 Closed and Regular Joint Meeting;
2. Adopt Minutes of the April 3, 2025 Special Meeting.
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular Item 9.B: Payroll Register and Register of Demands (Feeser)
Recommendation:
1. Approve the Summary of Payroll Register for March 23, 2025;
2. Approve the Register of Demands for March 21, 2025 and March 28, 2025.
Item 9.C: Paid Parking Quarterly Update—Third Quarter of Fiscal Year 2025 (Graham)
Recommendation:
No action recommended, for information only.
Item 9.D: Delegation of Authority to Exercise Discretionary Approval of Designs for Public Works Construction and Improvement
Projects to the City Engineer or Designee (James)
Recommendation:
Adopt a Resolution delegating authority to exercise discretionary approval of designs for Public Works construction and improvement projects to the City Engineer or designee.
Legislative Record: Resolution R-2025-017 adopted.
Item 9.E: Encroachment Agreement to Allow an Open Rail Fence in City Right-of-Way along the Water Street Property Frontage at 306 Pier Avenue (Gaglione)
Pulled from the Consent Calendar for discussion.
Item 9.F: Annual City Weed Abatement Program; Declaration of Nuisances (Lee)
Recommendation:
Adopt a Resolution declaring that grass, weeds, and rubbish on certain lots in the city of Pismo Beach constitute public nuisances and ordering said public nuisances to be abated.
Legislative Record: Resolution R-2025-018 adopted.
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular Item 9.G: Agreement with Moffatt & Nichol for Inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges; Related Budget Adjustments (Gaglione)
Recommendation:
Adopt a Resolution authorizing the City Manager to enter into a Professional Services Agreement with Moffatt & Nichol in the amount of $260,838 for inspection of the Pismo Pier, Cypress Street Bridge, and Pedestrian Bridges, and appropriating related budget adjustments in Fiscal Year 2025.
Legislative Record: Resolution R-2025-019 adopted.
Item 9.H: Adoption (Second Reading) of an Ordinance Adding Chapter
8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones) (Inderlied)
Pulled from the Consent Calendar for discussion.
Item 9.I: Miscellaneous Budget Adjustments for Fiscal Year 2025 (Feeser)
Recommendation:
Adopt a Resolution approving and appropriating miscellaneous budget adjustments for Fiscal Year 2025.
Legislative Record: Resolution R-2025-020 adopted.
10. ITEMS PULLED FROM CONSENT
Item 9.E: Encroachment Agreement to Allow an Open Rail Fence in City Right- of-Way along the Water Street Property Frontage at 306 Pier Avenue (Gaglione)
Recommendation: Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 306 Pier Avenue to allow an existing fence in the City right-of-way.
Presenting staff:
Eric Eldridge, City Engineer
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Call for public comment: No comment.
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular Action: Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 306 Pier Avenue to allow an existing fence in the City right-of-way.
Motion: Newton
Second: Inman
Vote: The motion passed on the following vote:
Ayes: 5 Newton, Inman, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Item 9.H: Adoption (Second Reading) of an Ordinance Adding Chapter 8.22 to the Pismo Beach Municipal Code Relating to Operation of Unmanned Aircraft Systems (Drones) (Inderlied)
Recommendation:
Adopt an Ordinance adding Chapter 8.22 Unmanned Aircraft Systems to, and amending Chapter 12.20 of, the City of Pismo Beach Municipal Code, relating to regulation of drones.
Presenting staff:
David Fleishman, City Attorney
Jorge Garcia, City Manager
Call for public comment:
Don Day commented.
Seth Rosario commented.
Alex Ribon commented.
Amy-Lynne Hilderbrand commented.
Action: Consensus to direct staff to return with a revised ordinance for consideration which reduces the level of overall regulation proposed, incorporating, but not necessarily limited to, the following aspects for consideration:
1. Provisions primarily focused on public safety in the area of the Pier;
2. Options for some level of regulation in City parks;
3. Elimination of the requirement that a drone operator obtain a Special Event Permit or Film Permit in addition to a City business license.
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
11. PUBLIC HEARINGS
Item 11.A: Levying the 2% Annual Assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2026: July 1, 2025 through June 30, 2026 (Feeser)
Recommendation:
1. Open public hearing; accept protests, if any, to the proposed assessments; close public hearing;
2. Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2026: July 1, 2025 through June 30, 2026.
Presenting staff:
Nadia Feeser, Administrative Services Director
Jorge Garcia, City Manager
Public Hearing / Call for public comment: No comment.
The public hearing was closed.
Action: Adopt a Resolution levying a 2% annual assessment for the Pismo Beach Lodging Business Improvement District (LBID) for Fiscal Year 2026:
July 1, 2025 through June 30, 2026.
Motion: Inman
Second: Newton
Vote: The motion passed on the following vote:
Ayes: 5 Inman, Newton, Guthrie, Reiss, Waage
Noes: 0
Absent: 0
Abstain: 0
Recused: 0
Legislative Record: Resolution R-2025-021 adopted.
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular
12. BUSINESS ITEMS
Item 12.A: Update on the Price Canyon Road / Hinds Avenue / Price Street Corridor Serving Regional Traffic including the Bello Street and Price Canyon Road Intersection (Gaglione)
Recommendation: Receive an update and provide direction on the Price Canyon Road/Hinds Avenue/Price Street corridor including the Bello Street at Price Canyon Road intersection.
Presenting staff:
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Call for public comment: No comment.
Action: Consensus to direct staff to proceed with procuring consultant services to conduct an evaluation of the effects of regional traffic on the intersections of Bello Street and Price Canyon Road; Price Street and Hinds Avenue; and Price Street and Ocean View Avenue, in order to determine the type of intersection improvements to be included in a future capital project.
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
Item 12.B: Discussion of Squirrel Control Options (Gaglione)
Recommendation:
Receive an overview of current practices relating to squirrel control in City parks and provide direction to staff on future practices.
Presenting staff:
Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager
Call for public comment: No comment.
Action: Consensus to direct staff to:
1. Continue to use professional best practices for squirrel population control within the limitations of the law;
2. Explore options for improved signage informing the public not to feed squirrels in parks.
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Approved May 6, 2025 CCM-2025-04-15 Closed and Regular
In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0
Absent: 0
Abstain: 0
Recused: 0
13. CITY COUNCIL COMMENTS AND REQUESTS
No action.
14. ADJOURNMENT
At 7:17 p.m.
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
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