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09.A Report Minutes 2025-09-16

Pismo Beach City Council
September 16, 2025

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09.A Report Minutes 2025-09-16
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September 16, 2025
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Pismo Beach City Council
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PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #9.A
Meeting Date: September 16, 2025
TITLE:

Adoption of Meeting Minutes
RECOMMENDATION:

1.Adopt Minutes of the May 15, 2025 Closed Session;

2.Adopt Minutes of the May 22, 2025 Closed Session;

3.Adopt Minutes of the June 13, 2025 Closed Session;

4.Adopt Minutes of the June 16, 2025 Closed Session;

5.Adopt Minutes of the September 2, 2025 Closed and Regular Joint 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 May 15, 2025 Closed Session

2.Draft Minutes of the May 22, 2025 Closed Session

3.Draft Minutes of the June 13, 2025 Closed Session

4.Draft Minutes of the June 16, 2025 Closed Session

5.Draft Minutes of the September 2, 2025 Closed and Regular Joint Meeting Submitted by:

Erica Inderlied, City Clerk
City Manager Approval:

Council Agenda 9-16-2025 9.A-1

DRAFT MINUTES
Pismo Beach City Council
Thursday, May 15, 2025
Special Closed Session—1:00 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 1:00 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:

David Fleishman, City Attorney

2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.

Item 2.A: Public Employee Performance Evaluation (Government Code §54957) Title: City Attorney

3.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4.CLOSED SESSION
The Council retired to Closed Session to consider the above items.

5.CLOSED SESSION REPORT
City Attorney Fleishman would make a report in the next regular open session detailing the reportable action taken on the above item.

Council Agenda 9-16-2025 9.A-2
Attachment 1

6.ADJOURNMENT
At 2:45 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-16-2025 9.A-3
Attachment 1

DRAFT MINUTES
Pismo Beach City Council
Thursday, May 22, 2025
Special Closed Session—4:00 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 4:00 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss (arrived 4:05 p.m.)
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Jorge Garcia, City Manager

2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session items listed below.

Item 2.A: Public Employee Appointment (Government Code §54957) Title: City Attorney

3.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4.CLOSED SESSION
The Council retired to Closed Session to consider the above items.

5.CLOSED SESSION REPORT
City Manager Garcia reported that no reportable action was taken on the above item.

Council Agenda 9-16-2025 9.A-4
Attachment 2

6.ADJOURNMENT
At 5:11 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-16-2025 9.A-5
Attachment 2

DRAFT MINUTES
Pismo Beach City Council
Friday, June 13, 2025
Special Closed Session—1:00 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 1:00 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:

Jorge Garcia, City Manager

2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session item listed below.

Item 2.A: Public Employee Appointment (Government Code §54957) Title: City Attorney

3.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4.CLOSED SESSION
The Council retired to Closed Session to consider the above items.

5.CLOSED SESSION REPORT
Mayor Waage reported that no reportable action was taken on the above item(s).

Council Agenda 9-16-2025 9.A-6
Attachment 3

6.ADJOURNMENT
At 2:19 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-16-2025 9.A-7
Attachment 3

DRAFT MINUTES
Pismo Beach City Council
Tuesday, June 16, 2025
Special Closed Session—10:30 a.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 10:30 a.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:

Jorge Garcia, City Manager

2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Waage announced the Closed Session items listed below.

Item 2.A: Public Employee Appointment (Government Code §54957) Title: City Attorney

3.PUBLIC COMMENT PERIOD

Call for public comment: No comment.

4.CLOSED SESSION
The Council retired to Closed Session to consider the above items.

5.CLOSED SESSION REPORT
City Manager Garcia reported that the Council had taken the following reportable action:

Appointment of Dean J. Pucci, of the firm Jones Mayer, to serve as Interim City Attorney.

Council Agenda 9-16-2025 9.A-8
Attachment 4

6.ADJOURNMENT
At 4:00 p.m.

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
Council Agenda 9-16-2025 9.A-9
Attachment 4

DRAFT MINUTES
Pismo Beach City Council
Central Coast Blue Regional Recycled Water Authority
Board of Directors
Tuesday, September 2, 2025
Special Closed Session—5:00 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: 5:00 p.m.

1.ROLL CALL:

Present: Absent:

Mayor Ed Waage Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Staff Present:

Jorge Garcia, City Manager
Mike James, Assistant City Manager
Dean Pucci, Interim City Attorney

2.ANNOUNCEMENT OF CLOSED SESSION ITEMS
Interim City Attorney Pucci announced the Closed Session items listed below.

Item 2.A: Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code §54956.9: One potential case

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 9-16-2025 9.A-10
Attachment 5

5. CLOSED SESSION REPORT

Interim City Attorney Pucci would report in the next regular open session that no reportable action was taken on the above item(s).

6. ADJOURNMENT
At 5:28 p.m., to the 5:30 p.m. Regular Meeting.

Council Agenda 9-16-2025 9.A-11
Attachment 5

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:

Pismo Beach City Council:

Present: Absent:

Mayor Ed Waage None
Mayor Pro Tem Mary Ann Reiss
Council Member Marcia Guthrie
Council Member Stacy Inman
Council Member Scott Newton
Central Coast Blue Regional Recycled Water Authority 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 Rosemarie Gaglione, Director of Public Works
Jorge Garcia, City Manager/General Manager
Scot Graham, Community Development Director
Erica Inderlied, City Clerk/Authority Clerk
Gordon Jackson, Director of Tourism and Events
Mike James, Assistant City Manager
Paul Lee, Battalion Chief
Dean Pucci, Interim City Attorney
Jeff Smith, Chief of Police

2.PLEDGE OF ALLEGIANCE
Mayor Waage led the Pledge of Allegiance.

3.ACCEPTANCE OF AGENDA
No requests to reorder the agenda.

Council Agenda 9-16-2025 9.A-12
Attachment 5

4.PRESENTATIONS
None.

5.PUBLIC COMMENT PERIOD
Call for public comment:

Lillian Jewell commented.

6.CITY MANAGER’S REPORT
City Manager Garcia commented on various topics.

7.CITY ATTORNEY’S REPORT / CLOSED SESSION REPORT
Interim City Attorney Pucci reported that the Council had taken no reportable action during its 5:00 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 Regional Transit Authority (SLORTA).

9.CONSENT CALENDAR
Call for public comment: No comment.

Action: Adopt Consent Calendar (Items 9.A through 9.D, items 1 and 2).

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
Council Agenda 9-16-2025 9.A-13
Attachment 5

Action: Adopt Consent Calendar (Item 9.D, items 3 and 4).

Motion: Reiss
Second: Waage

Vote: The motion passed on the following vote:

Ayes: 2 Reiss, Waage
Noes: 0

Absent: 0
Abstain: 0
Recused: 0

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

Recommendation:

1. Adopt Minutes of the May 13, 2025 Special Meeting;

2. Adopt Minutes of the August 19, 2025 Regular Meeting.

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

Recommendation:

1. Approve the Summary of Payroll Register for August 8, 2025 and August 15, 2025;

2. Approve the Register of Demands for August 10, 2025.

Item 9.C: Adoption (Second Reading) of an Ordinance Amending Pismo Beach Municipal Code Chapter 5.11 – Massage Establishments (Inderlied)

Recommendation:

Adopt an Ordinance amending Chapter 5.11 Article 1: Massage Establishments, of the Pismo Beach Municipal Code, Relating to Schools of Massage and other Administrative Provisions.

Legislative Record: Ordinance O-2025-006 adopted.

Item 9.D: Appointment of City Attorney and Authority Attorney; Agreements with Jones Mayer for City Attorney Services, Authority Attorney Services, and Other Legal Services (Garcia)

Recommendation:

Pismo Beach City Council:

1. Appoint Dean J. Pucci to the position of Pismo Beach City Attorney;

2. Adopt a Resolution authorizing the City Manager to execute a Legal Services Agreement with Richard D. Jones, a Professional Council Agenda 9-16-2025 9.A-14
Attachment 5

Law Corporation, DBA Jones Mayer, for City Attorney Services and other Legal Services.

Legislative Record: Resolution R-2025-062 adopted.

Central Coast Blue Regional Recycled Water Authority Board of Directors:

3.Appoint Dean J. Pucci to the position of Central Coast Blue Regional Recycled Water Authority Attorney;

4.Adopt a Resolution authorizing the General Manager to execute a Legal Services Agreement with Richard D. Jones, a
Professional Law Corporation, DBA Jones Mayer, for Authority Attorney Services and Other Legal Services.

Legislative Record: Resolution JPA-R-2025-004 adopted.

10.ITEMS PULLED FROM CONSENT
None.

12.BUSINESS ITEMS
This item was reordered.

Item 12.A: Pismo Clam Regulations Discussion (James)
Recommendation:

Provide direction to staff regarding future actions that relate to regulations affecting Pismo Clam harvesting.

Presenting staff:

Jorge Garcia, City Manager
Mike James, Assistant City Manager
Call for public comment:

Ben Ruttenberg commented.

Action: Consensus to direct staff as follows:

1. Complete an electronic petition to be submitted to the California Fish and Game Commission for a change to California Code of Regulations Title 14, Section 29.40, requesting that the City of Pismo Beach be added as a location that restricts the Pismo Clam harvesting season along with Santa Cruz and Monterey counties, and
Council Agenda 9-16-2025 9.A-15
Attachment 5

2.Delay requesting a reduction in the total number of clams that may be harvested per clammer, until such time that further study can be conducted.

In support: 5 Guthrie, Inman, Newton, Reiss, Waage
In opposition: 0

Absent: 0
Abstain: 0
Recused: 0

11.PUBLIC HEARINGS
Item 11.A: Appeal of Planning Commission Approval of a Coastal Development Permit, Conditional Use Permit, Architectural Review Permit, and Vesting Tentative Tract Map 3240 to Develop the Gateway Project: a Mixed-Use Condominium Project and Categorical Exemption (P24- 000074); Location: 1481 Price, 1331 Price, 1370 Price (APNs 005-062- 003, 005-062-004, 005-064-002, 005-064-003, 005-064-012); the Project is Located in the Coastal Zone and is Not Appealable to The Coastal Commission (Graham)
Recommendation:

Adopt a Resolution denying two appeals and upholding the June 10, 2025 Planning Commission approval of Project P24-000074 for a Coastal Development Permit (CDP), Conditional Use Permit (CUP), Architectural Review Permit (ARP), & Vesting Tentative Tract Map (VTTM) 3240 and adoption of Categorical Exemption 2025-013 to develop the Gateway project: a new three-story commercial/residential mixed-use condominium development of approximately 5,700 square feet of commercial and 53,400 square feet of residential and proposed as a Density Bonus project under the provisions of SB 330. Project location site is five underlying parcels of

1.2 acres located at 1481 Price, 1331 Price, and 1370 Price and includes demolition of existing residential and commercial structures onsite, new public right-of-way improvements, creation of a public “Gateway” plaza at the corner of Price and Dolliver Streets, and the conversion of Bay Street to one-way. The project is within the Coastal Zone and is not appealable to the Coastal Commission.

Presenting staff:

Jorge Garcia, City Manager
Scot Graham, Community Development Director
Cindy Jacinth, Planning Manager
Supplemental material submitted into the record.

Council Agenda 9-16-2025 9.A-16
Attachment 5

Public Hearing / Call for public comment:

Cindy Sleumer, Appellant, commented.

Robert Kramb, Appellant, commented.

Eddie Herrera, Applicant representative, commented.

Mark Schmitt commented.

Judy Cotta commented.

Ron Reilly commented.

Mike Lowe commented.

Jeff Chambers commented.

Mary Ishikawa commented.

Susannah Brown commented.

Joe Pivovaroff commented.

Jay Bond commented.

Jason Hart commented.

Joe Linnemann commented.

Gary Grossman, Applicant, commented.

Cindy Sleumer, Appellant, commented.

Robert Kramb, Appellant, commented.

The public hearing was closed.

Action:

1. Adopt a Resolution denying two appeals and upholding the June 10, 2025 Planning Commission approval of Project P24-000074 for a Coastal Development Permit (CDP), Conditional Use Permit (CUP), Architectural Review Permit (ARP), & Vesting Tentative Tract Map (VTTM) 3240 and adoption of Categorical Exemption 2025-013 to develop the Gateway project: a new three-story commercial/residential mixed-use condominium development of approximately 5,700 square feet of commercial and 53,400 square feet of residential and proposed as a Density Bonus project under the provisions of SB 330. Project location site is five underlying parcels of 1.2 acres located at 1481 Price, 1331 Price, and 1370 Price and includes demolition of existing residential and commercial structures onsite, new public right-of-way improvements, and creation of a public “Gateway” plaza at the corner of Price and Dolliver Streets. The project is within the Coastal Zone and is not appealable to the Coastal Commission, with the following revisions and conditions:

• Bay Street shall remain configured for two-way traffic. • The Price Street median constructed parallel to the project frontage shall be divided so as to allow vehicular traffic to turn left onto Bay Street from northbound Price Street, and turn left onto northbound Price Street from Bay Street.

Council Agenda 9-16-2025 9.A-17
Attachment 5

•Project design shall not incorporate a canopy over the “Gateway Plaza” portion of the development located near the intersection of Dolliver and Price Streets, consistent with the alternative design shown in Attachment 6 to staff’s report to the City Council dated September 2, 2025.
•To the extent feasible, the affordable housing units developed as part of this project shall be made available to the following groups of occupants, in preferential priority order:

1.Residents of the city of Pismo Beach;

2.Those who work in the city of Pismo Beach;

3.Residents of the “South County” area of San Luis Obispo County.

4.All other applicants.

2.Direct staff to issue a refund of the appeal fee paid by appellant Cindy Sleumer.

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-2025-063 adopted.

12.BUSINESS ITEMS
Item 12.A: Pismo Clam Regulations Discussion (James)
This item was reordered and heard prior to Item 11.A.

13.CITY COUNCIL COMMENTS AND REQUESTS
No action.

14.ADJOURNMENT
At 8:08 p.m.

Council Agenda 9-16-2025 9.A-18
Attachment 5

APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED: ATTEST:
________________________________ ________________________________ Ed Waage, Chair Erica Inderlied, Authority Clerk
Council Agenda 9-16-2025 9.A-19
Attachment 5

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